KFLCC Kingdom Law 2nd Ed.

RESTRICTIVE INDORSEMENT

1031

RETIRE

RETAINER. 1. The right of retainer is the right which the executor or administra tor of a deceased person has to retain out of the assets sufficient to pay any debt due to him from the deceased in priority to the oth er creditors whose debts are of equal degree. 3 Steph. Comm. 263. Miller v. Irby, 63 Ala. 483; Taylor v. Deblois, 23 Fed. Cas. 765. 2. In English practice, a "retainer," as ap plied to counsel, is commonly used to signify a notice given to a counsel by an attorney on behalf of the plaintiff or defendant in an ac tion, in order to secure his services as advo cate when the cause comes on for trial. Holthouse. Agnew v. Walden, 84 Ala. 502, 4 South. 672; Blackman v. Webb, 38 Kan. 668, 17 Pac. 464. 3. A servant, not menial or familiar,—that is, not continually dwelling in the house of his master, but only wearing his livery, and attending sometimes upon special occasions, —is, in old English usage, called a "retain er." Cowell. —General retainer. A general retainer of an attorney or solicitor "merely gives a right to expect professional service when requested, but none which is not requested. It binds the person retained not to take a fee from another against his retainer, but to do nothing except what he is asked to do, and for this he is to be distinctly paid." Rhode Island Exch. Bank v. Hawkins, 6 R. I. 206.— Special retainer. An engagement or retainer of an attorney or solicitor for a special and designated purpose; as, to prepare and try a particular case. Ag new v. Walden, 84 Ala, 502, 4 South. 672. The taking one's goods, from another, who without right has taken possession thereof. RETALIATION. The lex talionUs, (q. v.) In old English law. Retail; the cutting up again, or division of a com modity into smaller parts. RETAKING. RETALLIA. RETENTION. In Scotch law. A species of lien; the right to retain possession of a chattel until the lienor is satisfied of his claim upon the article Itself or its owner. RETINENTIA. A retinue, or persons re tained by a prince or nobleman. Cowell. RETIRE. As applied to bills of exchange, this word is ambiguous. It is commonly used of an indorser who takes up a bill by handing the amount to a transferee, after which the indorser holds the instrument with all his remedies intact. But it is sometimes used of an acceptor, by whom, when a bill is taken up or retired at maturity, it is In effect paid, and all the remedies on it extin guished. Byles, Bills, 215. See Elsam v. Denny, 15 C B. 94. RETENEMENTUM. In old English law. Restraint; detainment; withholding.

sent by post to a certain address, or unless the consent of a certain person or persons to the transfer or charge is obtained, or unless Borne other thing is done. Sweet. An indorsement may be so worded as to restrict the further negotiability of the instrument, and it is then called a "restrictive indorse ment." Thus, "Pay the contents to J. S. only," or "to J. S. for my use," are restric tive indorsements, and put an end to-the ne gotiability of the paper. 1 Daniel, Neg. Inst § 698. RESULT. In law, a thing is said to re sult when, after having been ineffectually or only partially disposed of, it comes back to its former owner or his representatives. Sweet. —Resulting trust. See TRUST.— Resulting use. See USE. RESUMMONS. In practice. A second summons. The calling a person a second time to answer an action, where the first summons is defeated upon any occasion; as the death of a party, or the like. Cowell. In old English law. The taking again into the king's hands such lands or tenements as before, upon false sug gestion, or other error, he had delivered to the heir, or granted by letters patent to any man. Cowell. Where copyhold land has been mortgaged by surrender, and the mortgagee has been admitted, then, on the mortgage debt being paid off, the mortgagor is entitled to have the land reconveyed to him, by the mortgagee surrendering it to the lord to his use. This is called a "resurren der." 2 Dav. Conv. 1332JU RETAIL. To sell by small parcels, and not in the gross. To sell in small quantities. State v. Lowenhaught, 11 Lea (Tenn.) 13; Bridges v. State, 37 Ark. 224; McArthur v. State, 69 Ga. 444; Com. v. Kimball, 7 Mete. (Mass.) 308. —Retailer of merchandise. A merchant who buys articles in gross or merchandise in large quantities, and sells the same by single articles or in small quantities. RETAIN. In practice. To engage the services of an attorney or counsellor to man age a cause. See RETAINER, 2. —Retaining a cause. In English practice. The act of one of the divisions of the high court of justice in retaining jurisdiction of a cause wrongly brought in that division instead of another. Under the judicature acts of 1873 and 1875, this may be done, in some cases, in the discretion of the court or a judge.— Retaining fee. A fee given to counsel on engaging his services for the trial of the cause.— Retaining lien. See LiBN. RESTRICTIVE INDORSEMENT. RESUMPTION. RESURRENDER.