Page:Black's Law Dictionary (Second Edition).djvu/1036

Rh

A. A court whose decision is

final and without appeal is, in reference to

the particular case, said to be a "court of last resort."

Money or any property that can be converted into supplies; means of raising money or supplies, capabilities of raising wealth or to supply net-ess.iry "ants; ii ailahie means or capability of any liiiid. Ming v. Wuoii'oll., as .\.luut. 386; Satry v. Lo- hiee, Si bul. 41, 23 I'nc. 103:3. Shelby County v. Tennessee Centennial Exposition Co., 96 Tenn. 6.33, 30 S. W. ow, 3.5 L. it. A. 717.

A writ for respiting a sheriffs lllxolilit addressed to the ti'ezisu1'ei' s.ud buroiis of the ext-hequer. Iieg. Orig. 13*.

[n old English and Scotch law. ltespite; deiny; l.‘0.I.ll.ililiHl1L‘€ at‘ time; postponement

Respiciendum est jridicanti Ila quid. ant dru-ins nut 1-einissius canstituatnr quain causa. deposcit; nee eiiini unit :2- ver-itntu nut cleinentiae glorin aifeetanda est. 'ihe Judge must see that no order be made or judgment given or sentence passed either more harshly or more mildly than the case reuul : he must not secii reiiowii, either as;i sew ere or as a tender-heai ted judge.

The temporary suspension of the execution of a sentence; a reprieve; n dciay, forbe-d.iance, or continuation of time. 4 BL Comm. 39-1; Mlshler v. Cont, 62 Pa. 5.1, 1 Am. Rep. 377.

Continuance. in English practice, a jury is said. on the record, to be "respited" till the next term. 3 BL Comm. 354.

In the civil law. A respit-I la an act by which a debtor, who is unable to satisfy his debts at the moment. l1'aiisucLs il:0ii.i[l1'ol1]lSeS) with his creditors, and obtains from them time or del.i_v for the payment of the sums "men he owes to them. The respite is either Voluntary or forced it is -voluntary when all the creditors consent to the pro- posal, which the debtor makes, to pay in a limited time the "hole or :1 part of the debt. it is forced when :1 part of the creditors refuse to accept the debtor's proposal, and when the latter is obliged to compel them by ju- dicial an thorlty to consent to "hat the others have determined, in the cises directed by law. (Jlv. Code La. arts. 3084, 3085.

—Respite of appeal. Adjourning an appeal to some future time. l5ruwn.—Respite of homage. To dispense with the ]Jl'!'[ui'ill.|l.lCE of holnage by tenants who hold their lands in consiilersftion of performing homage to their lords. OWE L

1. To mnke or die an answer to a bill, llhel, or appeal, in the character of a respondent, (q. 11.)

10

28 RESPONDENTIA

2. To he iishle or answerable; to ma satisfaction or amends; as, to "respond damages."

IIESPOITDE BOOK. In Scotch p A book kept by the directors of chau in which are entered all non-entry and lief duties payable by heirs who take prece from chrlncery. Bell.

RESPOITDEAT DUSTER. Upon uni sue in law arising upon a dilatory plea. form of Judgment for the piaiutiii‘ is tllat |‘.hE defendant answer over, whigh is [hence (all- ed a judgment of "rcspomlcut ouster." Thin not bcing ai final judgment, the pleadhgii resumed, and the action proceeds. St(=.nli.I|E 115; 3 Bl. Comm. 303; Bauer v. hum 4 iinuie (Pa.) 91.

Respondent raptor, qui ignnrnra non potuit quad pnpiilnm aliennni nlnluxit. iiob. 99. Let the iausher answer, i'ur he cannot be ignorant that lie has taken [HID] another’s ward.

Respondent superior. Let the mute: answer. This maxim means tluii, a master is liable in certain cases for the wrongful acts of his servant, and a prlncip.-i.l for those at his agent. Broom, Max. 8-13. see Southern Ry. Co. v. Morrison, 105 Ga. 545. 31 S. E. 564; Haehl v Wabash R. Co., 119 Mo. 3:5, Slate v. Gillespie, U.’ Kan. 469. 63 Pac. T ’. 81 Am. St. ilep. -111

RESPONDENT. The party who makes an answer to a bill or other proceeding in Chancery.

The party who appeals against the judgment of an inferior court is termed the "appeiiaut;" and he who contends against the appeal, the "respondent." The word also de- notes the person upon whom an ordinary petition ln the court of Chancery (or a hbel in admiralty) is served, and who is, us it were, a defendant thereto. The terms ‘respondent" and "co-respondent" are used in like manner in proceedings in the divorce court. Brown; Broiver v. Nellie, 6 Ind. App. 323, 33 N. E. 672; Code Cr. Proc. N. Y. 1:103, § 510.

In the civil law. security for another; a fld8Jl.l5SOl'. 8, 6.

One who answers or is Dig. 2.

RESPONDENTIA. The hypothecation of the cargo or goods on board a ship as security for the repayment of a loan, the term "bottomr_v" being confined to hypothecatlnus of the ship herself; but now the term "respoudentia" is seldom used, and the expression "bottomry" is generally employed, whether the vessel or her cargo or both be the security. Maude & P. Shipp. -133; Smlfli. Mere. Law, 416. See Maltland v. The At- lantic, 16 Fed. Cas. 522.

Respondentia is a contract by which I