RESCISSION. The annulling or dissolution of contracts by mutual consent, or by one party because of the breach of the contract by the other. RESCUE. A forcible deliverance of a prisoner from the custody of the law by a third person.

RESIDUARY CLAUSE. That part of the will by which all of the property is disposed of which remains after satisfying devises and bequests. Residuary legacy is the remainder of the property after specific bequests or legacies.

RESPONDENT. In equity law, the person who answers to a bill or complaint. RETAINER. Usually means the fee by which a client engages an attorney-atlaw to do certain business for him.

REVOLT. The endeavor of one or more of the crew of a vessel to overthrow the legitimate authority of those in command.

RIGHT. Means, in law, a claim which is founded upon law and fact. RIOT. A disturbance of the peace, by three or more persons conspiring to raise a tumult, or do some wrong thing, in a violent and turbulent manner. RIPARIAN PROPRIETORS. Those who own the land upon the shore or boundary of the sea, or a lake or a watercourse. Generally a riparian proprietor owns the bed of the river adjoining his land, as far as the thread or central line of the stream.

ROBBERY. The forcible and wrongful taking from the person of another of goods or money, and putting him in fear. Threats may be violence enough

to make the offence robbery.

S.

SALE. See chapter on SALES OF PERSONAL PROPERTY.

SALVAGE. Property saved from a peril of the sea; or compensation given

by an admiralty court for service rendered in saving it.

SCROLL. In law, is a mark used in the place of a seal; sometimes spelled scrall.

SEAL. An impression upon any impressible substances as wax; or a piece of paper pasted on with intent to make a seal of it.

SEARCH-WARRANT. This is addressed to an officer, and requires him to search a house or place therein specified, for property alleged to have been stolen.

SEAWORTHINESS. The fitness of a vessel in all respects of materials, equipment, and construction, for the service in which it is employed. SEDITION. Means, in criminal law, the raising of disturbances or commotions in the State.

SEISIN. Possession of land by one who claims a freehold interest therein. SERVIENT. In the law of easements, if a certain estate has a right over or against another estate, as a right of drainage through it, the estate to which the right is attached is dominant, and the estate against which the right operates is servient.

SET-OFF.

A demand by a defendant, against a plaintiff, by which he seeks to reduce or destroy his claim.

SIGN OF SIGNATURE. The writing of a man's name, as a sign or token that he assents to the instrument, or that it is his.

SLANDER. False, defamatory words spoken of another.

SOLICITOR. Means, in chancery courts, what an attorney does in other courts.

SPECIALTY. A writing sealed and delivered, wherein an agreement or obligation is stated.

SPECIFIC PERFORMANCE.

The fulfilment or performance of a contract by

the party bound to perform it. This a court of equity will compel, if sufficient reasons be shown.

SPECIFICATION. In patent law, a specific and detailed account of the invention to be patented.

STATUTE. A law enacted by a legislative power.

STOPPAGE IN TRANSITU. See chapter on SALES.

SUBORNATION OF PERJURY. The inducing or procuring a person to commit legal perjury.

SUBPOENA. A writ or process summoning a person to appear and give testimony, or to submit himself to what the court may order. SUFFRAGE. The act of voting; the vote itself.

SUIT. Synonymous with action at law.

SUNDAY. The first day of the week. The legal name of this day in some States is the Lord's day. Generally it begins at twelve o'clock on the night between Saturday and Sunday, and continues twenty-four hours. In some of the New England States it formerly began at sunsetting on Saturday, and ended at sunsetting on Sunday.

SURETY. See chapter on GUARANTY.

SURROGATE. A term used in some States to denote the officer in other States called judge of probate or ordinary.

T.

TENANCY IN COMMON. An ownership in land, by two or more persons, called tenants in common, each owning an undivided part of the whole, which on his death passes to his heirs or devisees.

TENANT.
TENDER.

See chapter on LEASES.

A legal tender is that which the law of a State makes competent to be paid as money, and with the effect of money. Also an offer to make payment or deliver something in pursuance of some contract or obligation.

TENURE. The manner in which or by which a man holds an estate in lands. TESTAMENT. Another name for a will. The testator is one who has made a will.

TITLE-DEEDS. Deeds which are evidences of the title of him who owns an estate.

TORT. A private wrong or injury other than the breach of a contract. TRADE-MARKS. A mark which a tradesman puts upon goods that he has manufactured, by way of symbol, emblem, or sign that they were made by him or for him, and that he claims an exclusive right to sell them. See chapter on TRADE-MARKS.

TRESPASS. Any wrongful act of one person whereby another person is injured.

TRUST. IS, in law, a right or a property which one person holds for the benefit of another. The person holding it is called the trustee, and he for whose benefit it is held is called the cestui que trust, or, better, the beneficiary.

TRUSTEE PROCESS.

A process by which goods or credits of a debtor in the hands of a third person may be reached by an attaching creditor; it is similar to the garnishee process. See chapter on RECOVERY OF DEBTS.

U.

USURY. See chapter on INTEREST AND USURY.

V.

VAGABOND, or VAGRANT. One who wanders about idly, and with no home, and begs, and will not work.

VERDICT.

court. VOUCHER.

The unanimous decision made by a jury and announced to the

The written evidence of the truth of entries or charges.

W.

WAIVER. WARD.

The abandonment of a right, or a refusal to accept it.
See chapter on GUARDIAN AND Ward.

WARRANTY. See chapter on SALES.

WAY.

A right of way is the privilege which some person, or a certain description of persons, have of going over another man's land. WILL. See chapter on WILLS.

WITNESS. One who testifies in court under oath or affirmation to what he knows. Also one who signs his name to an instrument, in evidence that it was executed in his presence; he is then called an attesting or subscribing witness.

WRECK. Commonly used as meaning a vessel that is cast away. In maritime law, it means the vessel or goods cast away on land by the sea, or found at low water, between high and low water mark.

WRIT. A written precept issued by a competent court in the name of the State, commanding the person or officer to whom it is addressed to do what is required therein. It is usually attested by a judge, and countersigned by the clerk of his court.