KFLCC Kingdom Law 2nd Ed.

ROUT

1045

ROMAN LAW

ROTA. L. Lat Succession; rotation. "Rota of presentations;" "rota of the terms." 2 W. Bl. 772, 773. The name of two ancient courts, one held at Rome and the other at Genoa. ROTA. Span. In Spanish law. Oblit erated. White, New Recop. b. 3, tit. 7, c. 5, § 2. ROTHER-BEASTS. A term which in cludes oxen, cows, steers, heifers, and such like horned animals. Cowell. ROTTEN BOROUGHS. Small boroughs in England, which prior to the reform act, 1832, returned one or more members to parliament ROTTEN CLAUSE. A clause sometimes Inserted in policies of marine insurance, to the effect that "if, on a regular survey, the ship shall be declared unseaworthy by reason of being rotten or unsound," the insurers shall be discharged. 1 Phil. Ins. § 849. See Steinmetz v. United States Ins. Co., 2 Serg. & R. (Pa.) 296. ROTULUS WINTONIiE. The roll of Winton. An exact survey of all England, made by Alfred, not unlike that of Domes day; and it was so called because it was kept at Winchester, among other records of the kingdom; but this roll time has destroy ed. Ingulph. Hist. 516. ROTURE. Fr. In old French and Canadian law. A free tenure without the privilege of nobility; the tenure of a free commoner. ROTURIER. Fr. In old French and Canadian law. A free tenant of land on services exigible either in money or in kind. Steph. Lect. 229. A free commoner; one who held of a superior, but could have no inferior below him. ROUND-ROBIN. A circle divided from the center, like Arthur's round table, whence its supposed origin. In each compartment is a signature, so that the entire circle, when filled, exhibits a list, without priority being given to any name. A common form of round-robin is simply to write the names in a circular form. Wharton. tion. Bell. ROUT. A rout is an unlawful assembly which has made a motion towards the execu tion of the common purpose of the persons assembled. It is, therefore, between an un lawful asembly and a riot Steph] Crim. Dig. 41. Whenever two or more persons, assembled and acting together, make any attempt or ROUP. In Scotch law. A sale by auc

trust for Roman Catholics, but invalidated by reason of certain of the trusts being su perstitious or otherwise illegal. 3 Steph. Comm. 76. ROMAN LAW. This term, in a general sense, comprehends all the laws which pre vailed among the Romans, without regard to the time of their origin, including the col lections of Justinian. In a more restricted sense, the Germans understand by this term merely the law of Justinian, as adopted by them. Mackeld. Rom. Law, § 18. In England and America, it appears to be customary to use the phrase, indifferently with "the civil law," to designate the whole system of Roman jurisprudence, including the Corpus Juris Civilis; or, if any distinc tion Is drawn, the expression "civil law" de notes the system of jurisprudence obtaining In those countries of continental Europe which have derived their juridical notions and principles from the Justinian collection, while "Roman law" is reserved as the proper appellation of the body of law developed un der the government of Rome from the earliest times to the fall of the empire. ROME-SCOT, or ROME-PENNY. Pe ter-pence, (g. v.) Cowell. ROMNEY MARSH. A tract of land in the county of Kent, England, containing twenty-four thousand acres, governed by cer tain ancient and equitable laws of sewers, composed by Henry de Bathe, a venerable judge in the reign of king Henry III.; from which laws all commissioners of sewers in England may receive light and direction. 3 Bl. Comm. 73, note t; 4 Inst 276. ROOD OF LAND. The fourth part of an acre in square measure, or one thousand two hundred and ten square yards. ROOT OF DESCENT. The same as "stock of descent." ROOT OF TITLE. The document with which an abstract of title properly commen ces is called the "root" of the title. Sweet. ROS. A kind of rushes, which some ten ants were obliged by their tenure to furnish their lords withal. Cowell. Heathy ground, or ground full of ling; also watery and moorish land. 1 Inst 5. ROSTER. A list of persons who are to perform certain legal duties when called upon in their turn. In military affairs it is a table or plan by wnlch the duty of officers is reg ulated. See Matthews v. Bowman, 25 Me. 167. ROSLAND.