Legal Term Dictionary

In maritime law. When a portion of a ship's cargo Is lost by jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called "restitution." In practice. The return of something to the owner of it More...

In maritime law. When a portion of a ship's cargo Is lost by jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called "restitution." In practice. The return of something to the owner of it or to the person entitled to upon the reversal or setting aside of the judgment or order of court under Which it was, taken from him. Haebler v. Myers, 132 N. Y. 363,30 N: E. 963,'l6 L. R. A. 588,28 Am. St: Rep. 589; Gould v: McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 600; First Nat Bauk v. Avery Planter Co., 69, Neb. 329, 95 N. ,W. 624, 111 Am. St Rep. 54L If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2i Tldd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon. Immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. ,4.Steph. Comm. 434.. Tn equity: Restitution is the restoration of both parties to their original condition, {when practicable,) upon the rescission of a contract for fraud or similar cause. -Restitution of conjugal rights. In Eng" fish ecclesiastical law. A species of matrimonial cause or suit which is brought whenever, either a husband or wife is guilty of the injury ot subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical jurisdiction will compel them to come together again, if either party be weak enough to desire It, contrary to the inclination of the other. 8 Bl. Comm. 94.-Restitution of minors. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by him, which may be held void or voidable according to circumstances. This is called "restitution of mi nom." Bell.-Writ of restitution. In practice. A writ which lies, after the reversal of a judgment to restore a party to all that he has lost by occasion of the Judgment 2 Tidd, Pr. 1186. Less...

A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69.

A writ to restore a man to the church, which he had recovered for his sanctuary, being suspected of felony. Reg. Orig. 69. Less...

To limit, confine, abridge, narrow down, or restrict. To prohibit from action; to put compulsion upon; to restrict; to hold or press back. To enjoin, (in equity.)

To limit, confine, abridge, narrow down, or restrict. To prohibit from action; to put compulsion upon; to restrict; to hold or press back. To enjoin, (in equity.) Less...

A writ addressed to the sheriff, to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev.

A writ addressed to the sheriff, to restore the temporalities of a bishopric to the bishop elected and confirmed. Fitzh. Nat. Brev. Less...

An order in the nature of an Injunction. See OBDER.

An order in the nature of an Injunction. See OBDER. Less...

Restrictions or limitations imposed upon the exercise of a power by the donor thereof.

Restrictions or limitations imposed upon the exercise of a power by the donor thereof. Less...

A statute which restrains the common law, where it Is too lax and luxuriant' 1 Bl. Comm. 87. Statutes restraining the powers of corperations in regard to leases have been so called in England. 2 BL Comm. 319, 320.

A statute which restrains the common law, where it Is too lax and luxuriant' 1 Bl. Comm. 87. Statutes restraining the powers of corperations in regard to leases have been so called in England. 2 BL Comm. 319, 320. Less...

Confinement, abridgment or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. "What, then, according to a common unaei** standing, is the meaning of the term 'restraint?' Does it imply that the limitation, restriction, or confinement must be imposed by those who are More...

Confinement, abridgment or limitation. Prohibition of action; holding or pressing back from action. Hindrance, confinement, or restriction of liberty. "What, then, according to a common unaei** standing, is the meaning of the term 'restraint?' Does it imply that the limitation, restriction, or confinement must be imposed by those who are in possession of the person or thing which is limited, restricted, or confined, or is the term satisfied by a restriction created by the application of external force? If, for example, a town be besieged, and the inhabitants confined within its walls by the besieging army, if, in attempting to come out, they are forced back, would it be inaccurate to say that they are restrained within those limits? The court believes that it would not; and, If it would not then with equal propriety may it be said, when a port is blockaded, that the vessels within are confined; or restrained from coming out The blockadina force is not In possession of the vessels inclosed in the harbor, but it acts upon and restrains them. It is a vis major, applied directly and effectually to them, which prevents them from coming out of port. This appears to the court to be, in correct language, 'a restraint' by the power imposing the blockade; and when a vessel, attempting to come out, is boarded and turned back, this restraining force is practically applied to such vessel." Olivers v. Union Ins. Co., 3 Wheat. 189. 4 IA Ed. 365. The terms "restraint" and "detention of princes," as used in policies of marine insurance, have the same meaning,-that of the effect ot superior force, operating directly oh the vessel. So long as a ship Is under restraint, so long she is detained; and, whenever she is detained; she is under restraint Richardson v. Insurance Co.. 6 Mass. 102, 4 Am. Dec. 92. -Restraint of marriage. A contract covenant, bond, or devise is "in restraint of marriage when its conditions unreasonably hamper or restrict the party's freedom to marry, or his choice, or unduly postpone the time of bis marriage.-Restraint of trade. Contracts or combinations in restraint of trade are such as tend or are designed to eliminate or stifle competition, effect a monopoly, artificially maintain prices, or otherwise hamper or obstruct the course of trade and commerce as it would be carried on if left to the control of natural and economic forces. See U. S. v. Trans-Missouri Freight Ass'n, 166 U. S. 290, 17 Sup. Ct. 540, 41 L. Ed. 1007: Hodge v. Sloan, 107 N. Y. 244, 17 N. E. 335* 1 Am. St Rep. 816. With reference to contracts between individuals, a restraint of trade is said to be "general" or "special." A contract which forbids a person to employ his talents, industry, or capital in any undertaking within the limits of the state or country is in "general'1 restraint of trade; if it forbids him to employ himself in a designated trade or business, either for a limited time or within a prescribed area or district it is in "special." restraint of trade. See Holbrook v. Waters, 9 How. Prac. (N. Y.) 337.-Restraint on alienation is where property is given to a married woman to her separate use, without power of alienation. Less...

In the case of land registered under the English land transfer act 1875, a restriction is an entry on the register made on the application of the registered proprietor of the land, the effect of which hi to prevent the transfer of the land or the creation of any charge More...

In the case of land registered under the English land transfer act 1875, a restriction is an entry on the register made on the application of the registered proprietor of the land, the effect of which hi to prevent the transfer of the land or the creation of any charge upon it, unless notice of the application for a transfer or charge is sent by post to a certain, address, or unless the consent of a certain person or persons to the transfer or charge is obtained, or unless some other thing is done. Sweet. Less...

An indorsement may be so worded aa to restrict the further negotiability of the instrument, and it Is then called a ''restrictive indorsement" Thus, "Pay the contents to J. S. only," or "to J. S. for my use," are restrictive indorsements, and pu,t an end to the negotiability of the More...

An indorsement may be so worded aa to restrict the further negotiability of the instrument, and it Is then called a ''restrictive indorsement" Thus, "Pay the contents to J. S. only," or "to J. S. for my use," are restrictive indorsements, and pu,t an end to the negotiability of the paper. 1 Daniel, Neg. Inst I 608. Less...