Page:Black's Law Dictionary (Second Edition).djvu/1020

This page needs to be proofread.
RELEASE
*
*


'Bal]lSl.|lJJ€l.|i', for a time only.

plied with the terms of the deed of trust.— Release by way of enlarging an estate. A conveyance of the ulterior interest in lands no the particular tenant: as, ' there be tenant for life or years, remainder to another in fee, and be in remnindrr rele-ises all his right to the pnrticniiir tenant and his heirs, this gives him I.he estate in fee. 1 Stcpl]. Cumm_ 410. 2 Bi. l'nmrn. 3'.’1.—Relea.§e by way of entry and feuflulent. As if Ihere be two joint disseisors, and the a .e releases to one of them, he shall be sole seised_ and shall keep out his former companion: which is the same in effect as if the disseisee had entered and thereby put nn end to the dissoisin, and afterwards iuid eni- fenffi-d one of the disseisors in fee 2 32? —Relehse by way of extinguislunent. As if my tenant for life makes a lease to A. for life. remainder to B. nnd his heirs, and I reieiise to A.. this extinguisiies my right to the reiersion, and shall inure to the advantage of IS.‘s remainder, as well as of A's particular estiite. :2 Bl. Comm. 325.—B.elease by way of passing a. right. As if a man be disseisud and relenseiii to his disseisor all his .,ht. hereby the dlSSf,‘iS0l' acquires a new right, which changes the quality of his estate, and renders that lawful which before was tortious or wrong- ful. - I'll. Comm. 325.—Release by way of pa sing an estate. As, where one of two co- pnrceners releases all her right to the other, this passes the feesimpie of the whole. 2 Bi. Comm. 1-. . 3 ' elease of flower. The reiinquisbment by a married woman of her expectant dovrer interest or estate in a particular parcel of realty belonging to her bus- hanri, as, by joining with him in a conrerance of it to a third person.--Release to uses. The conveyance by a deed of release to one party to the use of another is so termed. Thus, when a conveyance of lands was effected, by those instruments of assurance termed a lease and release, from A. to B, and his heirs, to the use of C. nnd his heirs, in such case C, at once took the whole fee-simple in such lands; B., by the operation of the statute of uses, heing made a mere conduit-pipe for conveying the estate to C. Brown.

5

1,

RELEASEE. lease is made.

The person to whom it re-

RELEASER, or RELEASOR. The mak- er of a rcieuse.

RELEGATIO. Lat. A kind of banish- ment knoun to the civil law, which differed from "dcpm~taIio" in leaving to the peison his rights of citizenship.

RELEGATION. In old English law. Co. Litt. 133.

RI-JLEVANCY. As a quality of evidence, "reieiiiiic-y" means applicability to the issue joined. Relevancy is that which conduces to the proof of a pertinent hypothesis; a pertinent hypothesis being one whith, if sustnlned, would logically influence the issue. \\ hart. Ev. § 20.

in Scotch law, the relevancy is the justice or suriii-iency in law of the allegations of a party A plea to the relevancy is therefore analogous to the demuiier or the English courts.

A d‘ tinction is sometimes taken between "log-'icul" relevancy and "legal" relevancy, the former being judged merely by the Elallllllrdd of ordinary logic or the general laws of reasoning, the latter by the strict and artificial rules

1012

RELIGION

of the law with reference to the admissibility of evidence. See Ilnag v. Wright, 34 App. Div. 60, 54 N. Y. Supp. 658.

RELEVANT. Applying to the matter in question; affording something to the purpose.

In Scotch law, good in law, legally sufficient; as, a "relevant" plea or defense.

—2B.e1eva.nt evidence. see EVIDENCE‘.

RELICT. This term is applied to the sin.'vi\'ur of a pair of unii'i‘ied people, whether the survivor is the husband or the wite; it means the reiict of the united pail‘, (or of ihe niurriuge u.n.lun,) not the relict of the deceased indivlduul. spltler v. Jalecter, 42 Uiiio St. 101.

RELICTA VERJFICATIONE. L. Lilt. Where 3 judgment was colliessed by cuyliuvil ac-tiunem after plea pleaded, and the plan i\‘.iil wiLhd.r.iwn, it was called it "coniessioii" or "coy:Lov2't uctimiem reiicia iierijiuiiiune." Whai ton.

RELICTION. Ari increase of the iaud by the sudden vuthdriiwal or le[l'O(.t.'SHl0l] of the sea or 8 river. l-liunmond v. ShE1l'.il'd, 136 UL 235, 57 N. E. 2567, 73 Am. 5!‘. ltep al, Supp v. Frazier, 51 La. Ann. 1718, 26 south. 375, 72 Am. St. Rep. 493.

RELIEF. 1. In feudal law. A sum pay- able by the new tenant, the duty being nui- (lent to every feudal tenure, by way of hue or composition with the lord for taking up the estate which was lnpsed or fallen in by the death of the last tenant. At one tune the amount was arbitr:iry, but iitterwiirds the re- liet of a knights tee lxecaime iixed in; one hundred sh.'ii.li.ugs. 2 Bl. Comm. (15.

2. "Itelief" also means deln B|':1I.|(.'€ fiuui oppression, wro g, or injustice. in this sense it is used as zi general designation of the .issistance, redress, or heiietit willcli a coi.upiuiii- ant seeks at the hands of a court, paii ticuluily in equity. It may be thus used ut such reinedies as specific perforninnv.-u, or the iet‘oini.itiun or l'6.\‘l:iSBl0]1 of a contract; but it due: not seem appiopriate to the awai-dim or money damages.

3. The assistance or support, pecuniary or otherwise. granted to indigent pu ' ‘ans by the proper ndministmtuis of the pour-laws, is also called "relief."

RELIEVE. In feudal law, rcileve is to depend; thus, the seigniury of a tenant in czzpitc relieves of the crown, meaning that the tenant holds of the crown. 'l1ie term is not common in English writers. Sweet.

RELIGION. As used in collstitntioimi provisions forbidding the "establishment of religion," the term means a particular system of fiiith and worship recognized and mactised by a particular cnurch. sect, or denomination. See Reynolds v. U. S., 98 U. S. 149,