KFLCC Kingdom Law 2nd Ed.

1033

REVELAND

RETTE

England. The sheriff in counties, and the mayor in boroughs. Wharton. RETURNUM AVERIORUM. A judi cial writ, similar to the retorno habendo. Cowell. RETURNUM IRREPLEGIABILE. A judicial writ addressed to the sheriff for the final restitution or return of cattle to the owner when unjustly taken or distrained, and so found by verdict It is granted after a nonsuit in a second deliverance. Reg. Jud. 27. REUS. Lat In the civil and canon law. The defendant in an action or suit A person judicially accused of a crime; a person criminally proceeded against Halli fax, Civil Law, b. 3, c. 13, no. 7. A party to a suit, whether plaintiff or de fendant; a litigant. This was the ancient sense of the word. Calvin. A party to a contract Reus stipulandi, a party stipulating; the party who asked the question in the form prescribed for stipu lations. Reus promittendi, a party promis ing; the party who answered the question Reus ezcipiendo fit actor. The defend ant, by excepting or pleading, becomes a plaintiff; that is, where, instead of simply denying the plaintiff's action, he sets up some new matter in defense, he is bound te establish It by proof, just as a plaintiff is bound to prove his cause of action. Bounier, Tr. des Preuves, §§ 152, 320; Best, Ev. p. 294, I 252. Reus lsesse majestatis punitur ut per eat unus ne pereant omnes. A traitor Is punished that one may die lest all perish. 4 Coke, 124. REVE. In old English law. The bailiff of a franchise or manor; an officer in parish es within forests, who marks the common able cattle. Cowell. REVE MOTE. In Saxon law. The court of the reve, reeve, or shire reeve. 1 Reeve, Eng. Law, 6. REVEL. A criminal complaint charged that the defendant did "revel, quarrel, com mit mischief, and otherwise behave in a disorderly manner." Held, that the word "revel" has a definite meaning; i. e., "to be have in a noisy, boisterous manner, like a bacchanal." In re Began, 12 R. I. 309. REVELAND. The land which in Domes day is said to have been "thane-land," and afterwards converted into "reveland." It seems to have been land which, having re verted to the king after the death of the thane, who had it for life, was not granted out to any by the king, but rested in charge

1 N. H. 213, 8 Am. Dec. 52; Bell v. Perkins, Peck (Tenn.) 266, 14 Am. Dec. 745; Evans r. Denver, 26 Colo. 193, 57 Pac 696. RETTE. L. Fr. An accusation or charge. St Westm. 1, c. 2. RETURN. The act of a sheriff, con stable, or other ministerial officer, in de livering back to the court a writ, notice, or other paper, which he was required to serve or execute, with a brief account of his do ings under the mandate, the time and mode of service or execution, or his failure to ac complish it, as the case may be. Also the indorsement made by the officer upon the writ or other paper, stating what he has done under it, the time and mode of service, etc. The report made by the court, body of magistrates, returning board, or other au thority charged with the official counting of the votes cast at an election. In English practice, the election of a mem ber of parliament is called his "return." —False return. A return to a writ, in which the officer charged with it falsely reports mat he served it, when he did not, or makes some other false or incorrect statement, whereby in jury results to a person interested. State v. Jenkins, 170 Mo. 16, 70 S. W. 152—General return-day. The day for the general return of all writs of summons, subpoena, etc., running to a particular term of the court.—Return book. The book containing the list of mem bers returned to the house of commons. May, Pari. Pr.—Return-day. The day named in a writ or process, upon which the officer is re quired to return it.—Return irreplevisable. A writ allowed by the statute of Westm. 2, c. 2, to a defendant who had had judgment upon verdict or demurrer in an action of replevin, or after the plaintiff had, on a writ of second deliverance, become a second time nonsuit in such action. By this writ the goods were re turned to the defendant, and the plaintiff was restrained from suing out a fresh replevin. Previously to this statute, an unsuccessful plain tiff might bring actions of replevin in infinitum, in reference to the same matter. 3 Bl. Comm. 150.—Return of premium. The repayment of the whole or a ratable part of the premium paid for a policy of insurance, upon the cancel lation of the contract before the time fixed fox its expiration.—Return of writs. In prac tice. A short account, in writing, made by the sheriff, or other ministerial officer, of the man ner in which he has executed a writ. Steph. PI. 24. RETURNABLE. In practice. To be re turned; requiring a return. When a writ is said to be "returnable" on a certain day, it is meant that on that day the officer must return it RETURNING BOARD. This is the offi cial title in some of the states of the board of canvassers of elections. RETURNING FROM TRANSPORTA TION. Coming back to England before the term of punishment is determined. RETURNING OFFICER. The official who conducts a parliamentary election in