KFLCC Kingdom Law 2nd Ed.

1047

RULE

RUNCARIA

court, in relation to practice, etc.— Rule alb solute. One which commands the subject-mat ter of the rule to be forthwith enforced. It is usual, when the party has failed to show suffi cient cause against a rule nisi, to "make the rule absolute, i. e., imperative and final.— Rule-day. In practice. The day on which a rule is returnable, or on which the act or duty enjoined by a rule is to be performed v See Cook v. Cook, 18 Fla. 687.— Rule in Shel ley's Case. A celebrated rule in English law, propounded in Lord Coke's reports in the fol lowing form: That whenever a man, by any gift or conveyance, takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, the word "heirs" is a word of limitation and not of purchase. In oth er words, it is to be understood as expressing the quantity of estate which the party is to take, and not as conferring any distinct estate on the persons who may become his representa tives. 1 Coke, 104a; 1 Steph. Comm. 308. See Zabriskie v. Wood, 23 N. J. Eq. 544; Duf fy v. Jarvis (C. CO 84 Fed. 733; Hampton v. Rather, 30 Miss. 203; Hancock v. Butler, 21 Tex. 807; Rogers v. Rogers, 3 Wend. 511, 20 Am. Dec. 716; Smith v. Smith, 24 S. O. 314. '—Rule nisi. A rule which will become imper ative and final unless cause be shown against it. This rule commands the party to show cause why he should not be compelled to do the act required, or why the object of the rule should not be enforced.— Rule of 1756. A rule of international law, first practically established in 1756, by which neutrals, in time of war, are prohibited from carrying on with a belligerent power a trade which is not open to them in time of peace. 1 Kent Comm. 82.— Rule of course. There are some rules which the courts authorize their officers to grant as a matter of course, without formal application being made to a judge in open court, and these are tech nically termed, in English practiee, "side-bar rules, because formerly they were moved for by the attorneys at the side bar in court. They are now generally termed "rules of course." Brown.— Rules of court. The rules for regu lating the practice of the different courts, which the judges are empowered to frame and put in force as occasion may require, are term ed "rules of court." Brown. See Goodlett v. Charles, 14 Rich. Law (S. C.) 49.— Rule of law. A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "rule," because in doubtful or unforeseen cases it is a guide or norm fox their decision. Toullier, tit. prel. no. 17.— Rules of practiee. Certain orders made by the courts tor the purpose of regulat ing the practice in actions and other proceed ings before them— Rules of procedure. Rules made by a legislative body concerning the mode and manner of conducting its business, and for the purpose of making an orderly and proper disposition of the matters before it, such as rules prescribing what committees shall be appointed, on what subjects they shall act, what shall be the daily order in which business shall be taken up, and in what order certain motions shall be received and acted on. Hei skell v. Baltimore, 65 Md. 125. 4 Atl. 116, 57 Am. Rep. 308; Heyker v. McLaughlin, 108 Ky. 509, 50 S. W. 859.— Rule of property. A settled rule or principle, resting usually on precedents or a course of decisions, regulating the ownership or devolution of property. Yazoo & M. V. R. Co. v. Adams, 81 Miss. 90, 32 South. 937; Edwards v. Davenport (C. C.) 20 Fed. 763.— Rule of the road. The popular English' name for the regulations governing the navigation of vessels in public waters, with a view to preventing collisions. Sweet.— Rule to plead. A rule of court, taken by a plaintiff as of course, requiring the defendant to plead

within a given time, on pain of having judg ment taken against him by default.— Rule to show cause. A rule commanding the party to appear and show cause why he should not be compelled to do the act required, or why the object of the rule should not be enforced; a rule nisi, (q. «.)— Special rule. Rules granted without any motion in court, or when the mo tion is only assumed to have been made, and is not actually made, are called "common" rules; while the rules granted upon motion actually made to the court in term, or upon a judge's order in vacation, are termed "special" rules. Brown. The term may also be understood as opposed to "general" rule; in which case it means a particular direction, in a matter of practice, made for the purposes of a particular case. This term is sometimes used, by metonymy, to denote a time or season in the judicial year when motions may be made and rules taken, as special terms or argument-days, or even the vacations, as distinguished from the regular terms of the courts for the trial of causes; and, by a further extension of Its meaning, it may denote proceedings in an action taken out of court. Thus, "an ir regularity committed at rules may be cor rected at the next term of the court." South all's Adm'r v. Exchange Bank, 12 Grat. (Va.) 312. Certain limits without the walls, within which all prison ers in custody in civil actions were allowed to live, upon giving sufficient security to the marshal not to escape. —Rules of the king's bench prison. In English practice. Certain limits beyond the walls of the prison, within which all prisoners in custody in civil actions were allowed to live, upon giving security by bond, with two suffi cient sureties, to the marshal, not to escape, and paying him a certain percentage on the amount of the debts for which they were detain ed. Holthouse. Flying or popular report; a current story passing from one person to an other without any known authority for the truth of it. Webster. It is not generally admissible in evidence. State v. Culler, 82 Mo. 626; Smith v. Moore, 74 Vt 81, 52 Atl. 320. To have currency or legal va lidity in a prescribed territory; as, the writ runs throughout the county. To have applicability or legal effect during a prescribed period of time; as, the statute of limitations has run against the claim. To follow or accompany; to be attached to another thing in pursuing a prescribed course or direction; as, the covenant runs with the land. RUN, n. In American law. A water course of small size. Webb v. Bedford, 2 Bibb. (Ky.) 354. RUNCARIA. In old records. Land full of brambles and briars. 1 Inst 5a. RULES. In American practice. RULES OF A PRISON. RUMOR. RUN, v.