are:

For the more effectual promotion of this im

2dly. Deans and archdeacons, and various public professors, readers, preachers, and chaplains, the provost of Eton, the warden of Winchester, the master of the Charterhouse, the principal of St. David's and of King's College, London; and also (provided they are not absent from their beneficee more than five months in the year) the fellows of Eton and Winchester, and all canons, minor canons, priests, vicars, and vicars choral, are entitled to count the time of their official residences or duties as if it had been passed upon their benefices.

3dly. If there be no house or no fit house of residence, the bishop may license the holder of the benefice from time to time to reside in some fit house elsewhere, provided it be within a certain specified distance from his church or chapel, and the same shall thereupon become a legal house of residence for all purposes.

4thly. If there be no house, or no fit house of residence, and such certificate be also produced as by the act provided, that no house convenient for the residence of the holder of the benefice can be obtained within the parish, or within the specified distance from the church or chapel, or if the residence of the holder of any benefice within those limits is prevented by any incapacity of mind or body, or by the dangerous illness of his wife or child (but subject in the latter case to certain restrictions as to time and otherwise), the bishop may grant a license of non-residence, or, in case of his refusal, there may be an appeal to the archbishop of the province.

clergy, there is also contained in this act (as in several others) a variety of provisions for repairing the houses in which they are to reside, and for building and purchasing new ones, and for raising money for these purposes by mortgage of the benefices.-3 Step. Com. 33. [Story's Conflict of Laws.]

RESIDENT, an agent, minister, or officer residing in any distant place with the dignity of an ambassador. Residents are a class of public ministers inferior to ambassadors and envoys; but, like them, they are under the protection of the law of nations.—Encyc. Lond.

Also, a tenant who was obliged to reside on his lord's land, and not to depart from the same; called also homme levant et couchant, and in Normandy, resseant du fief.-Leg. H. I.

RESIDUAL, or RESIDUARY, relating to the residue; relating to the part remaining.

RESIDUARY DEVISEE, the person named in a will who is to take all the real property remaining over and above the other devisees.

It is provided by 1 Vict. c. 26, s. 25, "that unless a contrary intention shall appear by the will, such real estate or interest therein as shall be comprised or intended to be comprised in any devise in such will contained, which shall fail or be void by reason of the death of the devisee in the lifetime of the testator, or by reason of such devise being contrary to law or otherwise incapable of taking effect shall be included in the residuary devise (if any) contained in such will."

RESIDUARY LEGATEE, the person to whom the surplus of the personal estate, after the discharge of all debts and particular legacies, is left by the testator's will.-2 Wms. Exs. 1310.

6thly. The bishop is empowered, in any other case besides those enumerated to grant it, if he shall think it expedient, a license to reside out of the limits of the benefice; but in a case of this description the special circumstances and reasons must be transmitted to the archbishop of the province, without whose allowance the license will be ineffectual.

It is further provided by this act, that annual returns of residents and non-residents shall be made to her Majesty in council; and that in case of non-residence, the bishop, instead of proceeding to enforce the penalties, may issue a monition against the offender, to be followed up, where requisite, by an order to reside; and in case of non-compliance with such order, may sequester the profits of the benefice, and apply them to the purposes in the act specified. In case also of long-continued or repeated sequestration, the benefice is to become void, and a

40). The distribution of the surplusage of intestate's estate is provided for by 22 & 23 Car. II. c. 10, explained by 29 Car. II. c. 3; and 1 Jac. II. c. 17.

Resignatio est juris proprii spontanea refu tatio. Godb. 284. (Resignation is a spontaneous relinquishment of one's own right.)

RESIGNATION, the giving up of a claim, office, or possession; also, the yielding up a benefice into the hands of the ordinary, called by the canonists, renunciation; and though it is synonymous with surrender, yet it is by use restrained to yielding up a spiritual living to the bishop, as surrender is the giving up of temporal land into the hands of the lord.

A bond may be taken to secure the resignation of a living, in favor of any one person whomsoever, and in favor of one of two persons, if they are the uncle, son, grandson, brother, nephew, or grandnephew of the patron.-2 Geo. IV. c. 94. See BOND.

The retirement of the late Bishops of London

and Durham was provided for by 19 & 20 Vict. c. 115.

RESIGNEE, one in favor of whom a resignation is made.

Res inter alios acta alteri nocere non debet. Co. Litt. 132. (Things done between strangers onght not to injure one not a party.)

[RES JUDICATA, a matter which has been acted upon or decided by a judicial tribunal.] Res judicata pro veritate accipitur. Co. Litt. 103. (A thing adjudicated is received as true.)

RÉS MANCIPI, things which might be sold and alienated.-Civ. Law.

RES NOVA (something new).

RES NULLIUS (a thing which has not an owner).

RESPECTUM challenge propter. See JURY. RESOLUTION, a solemn judgment or decision; a revocation of a contract; an act or agreement adopted by a meeting or popular assembly.

RESOLUTORY CONDITION, one, the accomplishment of which revokes a prior obligation.

RESORT, the authority or jurisdiction of a court. The House of Lords is the dernier ressort in cases of appeal.

RESPECTIVELY, particularly; as each belongs to each.

RESPECTU COMPUTI VICECOMITIS HABENDO, a writ for respiting a sheriff's account, addressed to the treasurer and barons of the Exchequer.-Reg. Orig. 139.

RES PERIT DOMINO (a thing lost to its owner).

per res.

Res per pecuniam æstimatur et non pecunia 9 Co. 76. (The value of a thing is estimated according to its worth in money; but the value of money is not estimated by reference to the thing.)

RESPITE, pause, reprieve; suspension of a capital sentence; a delay, forbearance, or continuation of time.

There are respites of execution, of debt, of homage, and of a jury.

Respiciendum est judicanti, ne quid aut durius aut remissius constituatur quam causa deposcit: nec enim aut severitatis aut clementiæ gloria affectanda est. 3 Inst. 220. (It is a matter of import to one adjudicating that nothing either more lenient or more severe should be done than the cause itself warrants, and that the glory neither of severity or clemency should be affected.) RESPONDEAT OUSTER (let him answer over). If a demurrer is joined in a plea to the jurisdiction, person, or writ, &c., and it be judged that the defendant put in a more substantial plea, interlocutory judgment is given that he shall answer.

Also if a prisoner fail upon a plea in bar, he has judgment of respondeat ouster, and may plead over to the offence the general issue, not guilty.

Respondeat raptor qui ignorare non potuit quod pupillum alienum abduxit. Hob. 99. (Let the ravisher himself answer, for he cannot be ignorant that he has taken away another's ward.)

RESPONDEAT SUPERIOR (let the prin

cipal answer). If a coroner of a county is insufficient, the county, as his superior, shall answer for him.- Wood's Inst. 83.

A

RESPONDE-BOOK (in Exchequer). book kept by the directors of Chancery, in Scotland, in which are entered the accounts of all non-entry and relief duties, payable by heirs, who take precepts from Chancery.

RESPONDENT, an answerer in a suit, whether for himself or another; the defendant in an appeal.

RESPONDENTIA, money which is borrowed not upon the vessel, as in bottomry, but upon the goods and merchandise contained in it, which must necessarily be sold or exchanged in the course of the voyage; in which case the borrower personally is bound to answer the contract.-7 Geo. I. c. 21, s. 2; 19 Geo. II. c. 37, s. 5; 2 Selw. N. P. 1038.

RESPONDERE NON DEBET (Lat.), (he ought not to answer).

RESPONSA PRUDENTUM, the opinions NTUM and decisions of learned lawyers, forming part of the Roman laws.-Cum. C. L. 6.

RESPONSALIS, he who appears and answers for another in court at a day assigned; a proctor, or deputy.

Res profectò stulta est nequitia modus. 11 Co. 8 b. (The measure of wickedness is a thing truly foolish.)

RESTAMPING WRIT, passing it a second time through the proper office, whereupon it receives a new stamp.

RESTAUR, or RESTOR, the remedy or recourse which assurers have against each other, according to the date of their assurances; or against the masters, if the loss arise through their default, as through ill-loading, want of calking, or want of having the vessel tight; also, the remedy or recourse a person has against his guarantee or other person, who is to indemnify him from any damage sustained.-Encyc. Lond.

RESTITUTIO IN INTEGRUM, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile, this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. annorum, who was protected by the restitutio against the consequences of his own carelessness.

The following are the chief cases in which a restitutio might be decreed :

The case of vis et metus. When a man had acted under the influence of force or reasonable fear, caused by the acts of the other party, he had an actio quod metus causa, for restitution, against the party who was the wrong doer; and also against an innocent person, who was in pos

RESTRAINING ORDER. The 5th Vict. c. 5, s. 4, extends the preventive powers of Chancery by giving its judges authority, upon the application of any party interested, by motion or petition, supported by an affidavit of the necessity for such an intervention, in a summary way, without bill filed, to restrain the governor and company of the Bank of England, or any other public company, whether incorporated or not, from permitting the transfer of any stock in the public funds, or any stock or shares in any public company, which may be standing in the name or names of any person or persons, or body politic or corporate, in the books of the governor and company of the Bank of England, or in the books of any such public company, or from paying any dividend or dividends due or to become due thereon; and every such order is to specify the amount of the stock or the particular shares to be affected thereby, and the name or names of the person or persons, body politic or corporate, in which the same shall be standing. The court has full power, upon the application of any party interested, to discharge or vary such order, and to award costs.

The restraining order continues in force until discharged under the court's authority; but as this order is intended for interim purposes only, it will be discharged if a bill be not filed within such a period as the court may consider reasonable. Obedience to the order is enforced by the ordinary process of contempt.

RESTRAINING POWERS, those which involve restrictions.

RESTRAINING STATUTES, those which restrict previous rights and powers, as 1 Eliz.

c. 19.

RESTRICTIVE INDORSEMENT, one limiting the payment of the money to a named person only.

RESULTING TRUST, one that arises from the operation or construction of equity, and in pursuance of the rule that trusts result to the party from whom the consideration moves, of which the following are instances:

(1.) Upon a contract to purchase real estate, a trust immediately results to the vendee, since equity looks upon things agreed to be done as actually performed.

(2.) Where a purchase is made in the name of one, and the consideration is given, or paid by another, a trust results in favor of the latter, though there be no express declaration for the purpose; but not so, if the purchase-money were paid by several, for that would be to introduce all the mischiefs which the Statute of Frauds was intended to prevent. There must then be a written declaration of trust. To raise a trust of this kind, the fact of the ownership of the money should appear upon the face of the deed, either by a recital, or by expressions, which amount to a necessary implication, or presumptive proof of it.

owner.

(5.) Where a trust is declared in part of an estate only, what remains undisposed of results to the grantor or his heir-at-law.

(6.) When the trusts created cannot take effect, a trust will result to the original owner or his heir.

(7.) Where a conveyance is made to trustees, upon such trusts, and for such intents and purposes as A. shall appoint, and A. never appoints, the trust results to him and his heirs.

(8.) If a trustee renew a lease in his own name, such lease will be subject to the trust, affecting the old lease.

(9.) Where there is fraud in obtaining a conveyance, the grantee will be held, in equity, as a trustee for the person defrauded.

(10.) A wife cannot be a trustee for her husband; if then a husband purchase lands in his wife's name, it is presumed to be a provision for her.

(11.) Where a son is married in the lifetime of his father, and by him fully advanced and emancipated, there a purchase by the father, in the name of his son, may be a trust for the father, as much as if it had been in the name of a stranger; because, in that case, all presumptions and obligations of advancement cease. But, where the son is not advanced, or but advanced or emancipated in part, there is no room for any construction of a trust by implication; and without clear proofs to the contrary, it ought to be taken as an advancement of the son, although the father take the possession, and receive the rents and profits. If a grandfather purchase lands in the name of his grandchild, the father being dead, it is an advancement, and not a trust; for the grandfather is in loco parentis. And it is the same, if a father purchase in the names of his son and a trustee, or in the names of himself and son; but, in this case, a moiety of the estate will be subject to the father's debts.

RESULTING USE, an implied use.

A resulting use arises where the legal seisin is transferred, and no use is expressly declared, nor any consideration nor evidence of intent, to direct the use; the use remains in the original grantor, for it cannot be supposed that the estate was intended to be given away; the statute immediately transfers the legal estate to such resulting use.

If the intent of the parties that the use should not result be plainly manifested, it will remain in the persons to whom the legal estate is limited. Parol evidence is admissible to show this intent, for the statute of frauds requiring declarations of uses to be in writing and signed by the party, extends, in cases of conveyances to uses, to third persons only, and not to the persons conveying or those to whom lands are conveyed to uses.-29 Car. II. c. 3, s. 8; but see Lamplugh v. Lamplugh, 1 P. Wms. 112.

(4.) A conveyance to a man, without conside

an estate for life, or an estate for years is granted; for a consideration or declaration of the use prevents its resulting, and a tenure is a consider