Page:The New International Encyclopædia 1st ed. v. 17.djvu/69

BESCISSION. completely adopted by tlio law. It doas not con- xliet with" the parol-evidenee rule, as the pffeet of prool of fraud is iKit to vary llie terms of the eontraet. hut to sliow that on ecpiitalile {,'rouiids the eontraet actually entered into should not he pcrinilled to remain operative. If. however, one who has entered into a written eontraet wishes to he released from its ohligations at any time on ground of mistake, or if he wishes to he re- leased from the eontraet at any time hefore he is actually sued upon it on the ground that the contract was induced by fraud, his only relief is in enuity, since the |)rimary relief whieli he seeks is the cancellation and surrender of the contract. See Chancehy; Equity. .Sec also Rekorm.vtion. KESCKIPTS (Lat. rcscriithim, answer, from rcscribrrc. to write back, from re-, hack again, anew -f- sciibere, to write). Answers of the emperors and popes to questions in jurispru- dence otheially juopounded to them. In the Roman Empire the rcscripta princlpis were one of the authoritative sources of the civil law. After the third century they increased in number rapidly and sui)ersedcd the responses of the jurists as one of the most important sources of Roman law, the privilege of giving responses no longer being conferred upon the jurists. The rescripts direct- ed to corporate and municipal bodies were known as pnif/inaticw sanctiones, a name wdiich has found its way into the public law of Europe. See PRAGit.^Tic Sanction. KESCTJE. In criminal law, procuring or aid- ing in the forcible deliverance of a prisoner from lawful imprisonment, by a third person. By the connnon law, a rescuer was held guilty of the same degree of crime as the prisoner, if he knew that the latter was lawfully detained when he rescued him. This knowledge was presumed if the culiirit was in prison, or in the custody of an officer of the law. at the time. To-day. the otl'ence is punishable in most jurisdictions, but not with the same severit_y as at connnon law. In maritime law a rescue is the retaking of a captured prize from the enemy by prisoners of war. The latter do not acquire any rights in the recaptured property, but must return it to the lawful owners. RESCTTE GRASS, Schrader's Brome Grass (liroinus unioloides). A strong-growing South American grass introduced into many parts of the world ; in the United States under the name of Australian oat. Its leaves are flat, linear, sliglitly roughened; its panicles spreading with numerous rather large flattened spikelets resemlding the well-known 'chess' or 'cheat,' to wdiieh it is closely related. It grows rapidly to a height of 1 to 3 feet, seeds freely, and dies after seeding. In the Southern States it is regarded as one of the best winter grasses, as it makes its principal growth during cool weather. It is usually cut several times during the season and if prevented from seeding continues for 2 or 3 years. If properly treated it is a valuable brome grass (q.v.). excelling -rye or oats as a winter grass and in the large amount of nutritious hay it yields. It withstands drought well and will grow on almost any soil : its best growth, how- ever, is nn rich moist soil. RESECTION (Lat. reaectio, from resecare, to cut oft', from re-, back again, anew -|- secure, to cut; connected with OHG. Siega, Ger. Siige, AS. 53 RESERVED CASES. sage, sayu, Eng. sua), or E.ci.sio.n of JoI^TS. An operation in which the diseased lione of a joint is cut out, in place of cutting oil' the entire lindj. This operation is safer in ])roperly select- ed eases than is anipilalion, since there is di- minished shock from the absence of severance of large nerve trunks, arteries, and veins. Besides this advantage therc is left to the patient a fairly useful limb, though there is, of course, more or less shortening and the motility of the joint is lost. The extent of the disease i)rocess present and the po.ssibility of extension of the disease above the joint after operation, as occurs in malignant disease (see Timor), are the fac- tors that determine the surgeon in a choice be- tween resection and amputation. In young pa- tients, where excisimi of a joint often includes the epiphyses of the growing bones and inti'rferes materially with the future growth and tlcvelop- ment of the limb, the .scope of the o|)eration is much restricted. Owing to the development of. more conservative measures in dealing with dis- eases of the joints, fornuil or comiilete excisions are not now practiced as nnieh as they were by surgeons of a decade ago. I"or a description of the operation of excision as ai>plied to the dif- ferent l)on<'S and joints, consult Stimson, Opera- tive tiurijrry (Philadelphia, 1893). RESERVATION (JIL. reservntio, from Lat. rcservare, to keep back, from re-, back again, anew -f sen-are, to kec])). In English law a term applied to a clause in a deed, lease, or grant of land, which reserves out of the estate conveyed a right or interest in a portion of it. An estate in a 'stranger.' or person not a party to the conveyance, cannot be created by reserva- tion, which can only operate in favor of the grantor himself. In the I'nited States the word is frequently used as synonymous with excep- tion. (See Conveyance; Dbeh; Mortgaue; Lease.) The term is also employed to describe a method of obtaining the opinion of a full bench of a court or an appellate court upon a point of law as to which the trial judge is doubtful. This often saves the necessity of making a ruling compelling the parties to appeal afterwards. The jury is usually allowed to find the facts, and the verdict or judgment is not entered until the re- served point is deeideil. In many code States this is accomplished by taking a verdict subject to the ojiinion of the court. RESERVATIONS, Indian. See Indian Af- FAIRS; Treaties, Inman. RESERVE (OF. reserve, Fr. reserve, from OF. rescrrir, Fr. re.ieri-er, to reserve, from Lat. reservare, to keep back). A term connnon in military ad'airs both as regards the material and the persomiel of an army. For rcscrrr in Euro- pean armies, see Armies; Landwehr; .Militia; Volunteer, .Military. RESERVE, Xaval, See Navai, Reserve. RESERVED CASES. A term applied in the Roman t'atliolic Cliurcli to sins of a heinous char- acter, such as heresy, simony, and sacrilege, that for their adequate treatment require the attention of an ecclesiastic superior to the parish priest, either the Pope, the bishop, or the head of an Order. The object of transferring the right to absolve such sins to the higher eeelesiastio is partly to impress upon the offender the true turpitude of his oflense. Consult Hausmann,