KFLCC Kingdom Law 2nd Ed.

1030

RESTITUTION

RESTRICTION

tions in regard to leases have been so called in England. 2 Bl. Comm. 319, 320. Confinement, abridgment, or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. "What, then, according to a common under standing, is the meaning of the term 'restraint?' Does it imply that the limitation, restriction, or confinement must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined, or is the term satisfied by a restriction created by the applica tion of external force? If, for example, a town be besieged, and the inhabitants confined within its walls by the besieging army, if, in attempt ing to come out, they are forced back, would it be inaccurate to say that they are restrained within those limits? The court believes that it would not; and, if it would not, then with equal propriety may it be said, when a port is blockaded, that the vessels within are confined, or restrained from coming out. The blockading force is not in possession of the vessels inclosed in the harbor, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correct language, 'a restraint,' by the power imposing the blockade; and when a ves sel, attempting to come out, is boarded and turned back, this restraining force is practical ly applied to such vessel." Olivera v. Union Ins. Co., 3 Wheat 189, 4 L. Ed. 365. The terms "restraint" and "detention of prin ces," as used in policies of marine insurance, have the same meaning,—that of the effect of superior force, operating directly on the vessel. So long as a ship is under restraint so long she is" detained; and, whenever she is detained, she is under restraint Richardson v. Insur ance Co.. 6 Mass. 102, 4 Am. Dec. 92. — Restraint of marriage. A contract, cov enant, bond, or devise is "in restraint of mar riage" when its conditions unreasonably hamper or restrict the party's freedom to marry, or his choice, or unduly postpone the time of his mar riage.— Restraint of trade. Contracts or combinations in restraint of trade are such as tend or are designed to eliminate or stifle com petition, effect a monopoly, artificially main tain prices, or otherwise hamper or obstruct the course of trade and commerce as it would be carried on if left to the control of natural and economic forces. See U. S. v. Trans-Missouri Freight Ass'n, 166 U. S. 290, 17 Sup. Ct. 540, 41 L. Eld. 1007; Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335, 1 Am. St. Rep. 816. With reference to contracts between individuals, a re straint of trade is said to be "general" or "spe cial." A contract which forbids a person to employ his talents, industry, or capital in any undertaking within the limits of the state or country is in "general" restraint of trade; if it forbids him to employ himself in a designated trade or business, either for a limited time or within a prescribed area or district it is in "special" restraint of trade. See Holbrook v. Waters, 9 How. Prac. (N. Y.) 337.— Restraint on alienation is where property is given to a married woman to her separate use, without power of alienation. RESTRICTION. In the case of land reg istered under the English land transfer act, 1875, a restriction is an entry on the register made on the application of the registered proprietor of the land, the effect of which is to prevent the transfer of the land or the creation of any charge upon it, unless notice of the application for a transfer or charge is RESTRAINT.

it, upon the reversal or setting aside of the judgment or order of court under which it was taken from him. Haebler v. Myers, 132 N. Y. 363, 30 N. E. 963,15 L. R. A. 588, 28 Am. St. Rep. 589; Gould v. McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 606; First Nat. Bank v. Avery Planter Co., 69 Neb. 329, 95 N. W. 624, 111 Am. St. Rep. 541. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a fel on, immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. 4 Steph. Comm. 434. In equity. Restitution Is the restoration of both parties to their original condition, (when practicable,) upon the rescission of a contract for fraud or similar cause. —Restitution of conjugal rights. In Eng lish ecclesiastical law. A species of matrimoni al cause or suit which is brought whenever ei ther a husband or wife is guilty of the injury of subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical jurisdiction will compel them to come together again, if either party be weak enough to desire it, contrary to the inclination of the other. 3 Bl. Comm. 94.— Restitution of minors. In Scotch law. A minor on at taining majority may obtain relief against a deed previously executed by him, which may be held void or voidable according to circumstan ces. This is called "restitution of minora." Bell.— Writ of restitution. In practice. A writ which lies, after the reversal of a judg ment, to restore a party to all that he has lost by occasion of the judgment 2 Tidd, Pr. 1186. RESTITUTIONS EXTRACTI AB EC CLESIA. A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69. A writ addressed to the sheriff, to restore the temporalities of a 'bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev. 169. RESTITUTIONS TEMPORALIUM.

RESTRAIN.

To limit, confine, abridge,

narrow down, or restrict. • To prohibit from action; to put compul sion upon; to restrict; to hold or press back. To enjoin, (in equity.)

RESTRAINING ORDER.

An order In

the nature of an injunction. See OBDEB.

RESTRAINING Restric tions or limitations imposed upon the exer cise of a power by the donor thereof. A statute which restrains the common law, where it is too lax and luxuriant. 1 Bl. Comm. 87. Statutes restraining the powers of corpora POWERS. RESTRAINING STATUTE.