KFLCC Kingdom Law 2nd Ed.

1032

RETROSPECTIVES

RETONSOR

RETONSOB. L. Lat In old English law. A clipper of money. Fleta, lib. 1, c. 20, § 122. RETORNA BREVIUM. The return of writs. The indorsement by a sheriff or other officer of his doings upon a writ. RETORNO HABENDO. A writ that lies for the distrainor of goods (when, on re plevin brought, he has proved his distress to be a lawful one) against him who was so dis trained, to have them returned to him ac cording to law, together with damages and costs. Brown. RETORSION. In international law. A species of retaliation, which takes place where a government, whose citizens are sub jected to severe and stringent regulation or harsh treatment by a foreign government, employs measures of equal severity and harshness upon the subjects of the latter gov ernment found within its dominions. See Vattel, lib. 2, c. 18, § 341. RETOUR. In Scotch law. To return a writ to the office in chancery from which it issued. RETOUR OF SERVICE. In Scotch law. A certified copy of a verdict establishing the legal character of a party as heir to a de cedent. RETOUR SANS FRAIS. Fr. In French law. A formula put upon a bill of exchange to signify that the drawer waives protest, and will not be responsible for costs arising thereon. Arg. Fr. Merc. Law, 573. RETOUR SANS PROTET. Fr. Return without protest. A request or direction by a drawer of a bill of exchange that, should the bill be dishonored by the drawee, it may be returned without protest. RETRACT. To take hack. To retract an offer is to withdraw it before acceptance, which the offerer may always do. RETRACTATION, in probate practice, is a withdrawal of a renunciation, (q. v.) RETRACTO O TANTEO. In Spanish law. The right of revoking a contract of sale; the right of redemption of a thing sold. White, New Recop. b. 2, tit 13, c. 2, § 4. RETRACTUS AQUiE. Lat. The ebb or return of a tide. Cowell. RETRACTUS FEUDAXIS. L. Lat In old Scotch law. The power which a superior possessed of paying off a debt due to an ad Judging creditor, and taking a conveyance to the adjudication. Bell.

RETRAIT. Fr. In old French and Ca nadian law. The taking back of a fief by the seignior, in case of alienation by the vassal. A right of pre-emption by the seignior, in case of sale of the land by the grantee. RETRAXIT. Lat In practice. An open and voluntary renunciation by a plain tiff of his suit in court made when the trial is called on, by which he forever loses his action, or is barred from commencing anoth er action for the same cause. 3 Bl. Comm. 296; 2 Archb. Pr. K. B. 250. A retraxit is the open, public, and volun tary renunciation by the plaintiff, in open court, of his suit or cause of action, and if this is done by the plaintiff, and a judgment entered thereon by the defendant the plain tiff's right of action is forever gone. Code Ga. 1882, § 3445. And see U. S. v. Parker, 120 U. S. 89, 7 Sup. Ct 454, 30 L. Ed. 601; Pethtel v. McCullough, 49 W. Va. 520, 39 S. E. 199; Westbay v. Gray, 116 Cal. 660, 48 Pac. 800; Russell v. Rolfe, 50 Ala. 57; Low ry v. McMillan, 8 Pa. 163, 49 Am. Dec 501; Broward v. Roche, 21 Fla. 477. RETREAT TO THE WALL. In the law relating to homicide in self-defense, this phrase means that the party must avail him self of any apparent and reasonable avenues of escape by which his danger might be avert ed, and the necessity of slaying his assailant avoided. People v. lams, 57 Cal. 120. RETRIBUTION. This word is some times used in law, though not commonly in modern times, as the equivalent of "recom pense," or a payment or compensation for services, property, use of an estate, or other value received. RETRO. Lat Back; backward; behind. Retrofeodum, a rerefief, or arriere flef. Spel man. RETROACTIVE has the same meaning as "retrospective," (g. v.) RETROCESSION. In the civil law. When the assignee of heritable rights con veys his rights back to the cedent, it is called a "retrocession." Ersk. Inst 3, 5, 1. RETROSPECTIVE. Looking back; con templating what is past —Retrospective law. A law which looks backward or contemplates the past; one which is made to affect acts or facts transpiring, or rights accruing, before it came into force. Ev ery statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or at taches a new disability in respect to transac tions or considerations already past must be deemed retrospective. See Ex POST FACTO, And see Deland v. Platte Co., (C. C.) 54 Fed. 832; Poole v. Fleeger, 11 Pet 198, 9 L. Ed. 680; Sturges v. Carter, 114 U. S. 511, 5 Sup. Ct 1014, 29 L. Ed. 240; Merrill v. Sherburne,