RENT, estates, contracts. A certain profit in money, provisions,
chattels, or labor, issuing out of lands and tenements in retribution for the
use. 2 Bl. Com. 41; 14 Pet. Rep. 526; Gilb., on Rents, 9; Co. Litt. 142 a; Civ.
Code of Lo. art. 2750; Com. on L. & T. 95; 1 Kent, Com. 367; Bradb. on
Distr. 24; Bac. Ab. h. t.; Crabb, R. P. SSSS 149-258.
2. A rent somewhat resembles an annuity, (q. v.) their difference consists in
the fact that the former issues out of lands, and the latter is a mere personal
3. At common law there were three kinds of rents; namely, rent-service,
rent-charge, and rent-seek. When the tenant held his land by fealty or other
corporeal service, and a certain rent, this was called rent-service; a right of
distress was inseparably incident to this rent.
4. A rent-charge is when the rent is created by deed and the fee granted; and
as there is no fealty annexed to such a grant of rent, the right of distress is
not in incident; and it requires an express power of distress to be annexed to
the grant, which gives it the name of a rent-charge, because the lands are, by
the deed, charged with a distress. Co. Litt. 143 b.
5. Rent-seek, or a dry or barren rent, was rent reserves by deed, without a
clause of distress,and in a case in which the owner of the rent had no future
interest or reversion in the land, he was driven for a remedy to a writ of
annuity or writ of assize.
6. But the statute of 4 Geo. II. c. 28, abolished all distinction in the
several kinds of rent, so far as to give the remedy by distress in cases of
rents-seek, rents of assize, and chief rents, as in the case of rents reserved
upon a lease. In Pennsylvania, a distress is inseparably incident to every
species of rent that may be reduced to a certainty. 2 Rawle's Rep. 13. In New
York, it seems the remedy by distress exists for all kinds of rent. 3 Kent Com.
368. Vide Distress; 18 Viner's Abr. 472; Woodf, L. & T. 184 Gilb. on Rents
Com. Dig. h. t.. Dane's Ab. Index, h. t.
7. As to the time when the rent becomes due, it is proper to observe, that
there is a distinction to be made. It becomes due for the purpose of making a
demand to take advantage of a condition of reentry, or to tender it to save a
forfeiture, at sunset of the day on which it is due: but it is not actually due
till midnight, for any other purpose. An action could not be supported which had
been commenced on the day it became due, although commenced after sunset; and if
the owner of the fee died between sunset and midnight of that day, the heir and
not the executor would be entitled to the rent. 1 Saund. 287; 10 Co. 127 b; 2
Madd. Ch. R. 268; 1 P. Wms. 177; S. C. 1 Salk, 578. See generally, Bac. Ab. h.
t.; Bouv. Inst. Index h. t.; and Distress; Reentry.
RENT-ROLL. A roll of the rents due to a particular person or public
body. See Rental.
RENTAL. A roll or list of the rents of an estate containing the
description of the lands let, the names of the tenants, and other particulars
connected with such estate. This is the same as rent roll, from which it is said
to be corrupted.
RENTE. In the French funds this word is nearly synonymous with our
RENTE FONCIERE. This is a technical phrase used in Louisiana. It is a
rent which issues out of land, and it is of its essence that it be perpetual,
for if it be made but for a limited time, it is a lease. It may, however, be
extinguished. Civ. Code of Lo. art. 2750, 2759; Poth. h. t. Vide
RENTE VIAGERE, French law. This term, which is used in Louisiana,
signifies an annuity for life. Civ. Code of Lo. art. 2764; Poth. Du Contract de
Constitution de Rente, n. 215.
RENUNCIATION. The act of giving up a right.
2. It is a rule of law that any one may renounce a right which the law has
established in his favor. To this maxim there are many limitations. A party may
always renounce an acquired right; as, for example, to take lands by descent;
but one cannot always give up a future right, before it has accrued, nor to the
benefit conferred by law, although such advantage may be introduced only for the
benefit of individuals.
3. For example, the power of making a will; the right of annulling a future
contract, on the ground of fraud; and the right of pleading the act of
limitations, cannot be renounced. The first, because the party must be left free
to make a will or not; and the latter two, because the right has not yet
4. This term is usually employed to signify the abdication or giving up of
one's country at the time of choosing another. The act of congress requires from
a foreigner who applies to become naturalized a renunciation of all allegiance
and fidelity to any foreign prince, potentate, state or sovereignty, whereof
such alien may, at the time, be a citizen or subject. See Citizen; Expatriation;
Naturalization; To renounce.
REPAIRS. That work which is done to an estate to keep it in good
2. What a party is bound to do, when the law imposes upon him the duty to
make necessary repairs, does not appear to be very accurately defined. Natural
and unavoidable decay in the buildings must always be allowed for when there is
no express covenant to the contrary; and it seems, the lessee will satisfy the
obligation the law imposes on him, by delivering the premises at the expiration
of his tenancy, in a habitable state. Questions in relation to repairs most
frequently arise between the landlord and tenant.
3. When there is no express agreement between the parties, the tenant is
always required to do the necessary repairs. Woodf. L. & T. 244: Arch. L.
& T. 188. He is therefore bound to put in windows or doors that have been
broken by him, so as to prevent any decay of the premises, but he is not
required to put a new room on an old worn out house. 2 Esp. N. P. C. 590.
4. An express covenant on the part of the lessee to keep a house in repair,
and leave it in as good a plight as it was when the lease was made, does not
bind him to repair the ordinary and natural decay. Woodf. L. & T. 256. And
it has been held that such a covenant does not bind him to rebuild a house which
had been destroyed by a public enemy. 1 Dall. 210.
5. As to the time when the repairs are to be made, it would seem reasonable
that when the lessor is bound to make them he should have the right to enter and
make them, when a delay until after the expiration of the lease would be
injurious to the estate: but when no such damage exists, the landlord should
have no right to enter without the consent of the tenant. See 18 Toull. n. 297.
When a house has been destroyed by accidental fire, neither the tenant nor the
landlord is bound to rebuild unless obliged by some agreement so to do. 4 Paige
R. 355; 1 T. R. 708; Fonbl. Eq. B. 1, c. 6, s. S. Vide 6 T. R. 650; 4 Camp. R.
275; Harr. Dig. Covenant VII. Vide Com. Rep. 627; 6 T. R. 650; 21 Show. 401; 3.
Ves. Jr. 34; Co. Litt., 27 a, note 1; 3 John. R. 44; 6 Mass. R. 63; Platt on
Cov. 266; Com. L. & T. 200; Com. Dig. Condition, L 12; Civil Code of Louis.
2070; 1 Saund. 322, n. 1; Id. 323, n. 7; 2 Saund, 158 b, n. 7 & 10; Bouv.
Inst. Index. h. t.
REPARATION. The redress of an injury; amends for a tort inflicted.
Vide Remedy; Redress.
REPARTIONE, FACIENDA, WRIT DE. The name of an ancient writ which lies
by one or more joint tenants against the other joint tenants, or by a person
owning a house or building against the owner of th; adjoining building, to
compel the reparation of such, joint property. F. N. B. 295.
REPEAL, legislation. The abrogation or destruction of a law by a
2. A repeal is express; as when it is literally declared by a subsequent law
or implied, when the new law contains provisions contrary to or irreconcilable
with those of the former law.
3. A law may be repealed by implication, by an affirmative as well as by a
negative statute, if the substance is inconsistent with the old statute. 1 Ham.
10: 2 Bibb, 96; Harper, 101; 4 W. C. C. R. 691.
4. It is a general rule that when a penal statute punishes an offence by a
certain penalty, and a new statute is passed imposing a greater or a lesser
penalty, for the same offence, the former statute is repealed by implication. 5
Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21 Pick. 373. See 1
Binn. 601; Bac. Ab. Statute D 7 Mass. 140.
5. By the common law when a statute repeals another, and afterwards the
repealing statute is itself repealed, the first is revived. 2 Blackf. 32. In
some states this rule has been changed, as in Ohio and Louisiana. Civ. Code
of:Louis. art. 23.
6. When a law is repealed, it leaves all the civil rights of the parties
acquired under the law unaffected. 3. L. R. 337; 4 L. R. 191; 2 South. 689;
Breese, App. 29; 2 Stew. 160.
7. When a penal statute is repealed or so modified as to exempt a class from
its operation, violations committed before the repeal are also exempted, unless
specifically reserved, or unless there have been some private right divested by
it. 2 Dana, 330; 4 Yeates, 392; 1 Stew. 347; 5 Rand. 657; 1 W. C. C. R. 84; 2
Virg. Cas. 382. Vide Abrogation; 18 Vin. Ab. 118.
REPERTORY. This word is nearly synonymous with inventory, and is so
called because its contents are arranged in such order as to be easily found.
Clef des Lois Rom. h . t.; Merl. Repertoire, h. t.
2. In the French law, this word is used to denote the inventory or minutes
which notaries are required tomake of all contracts which take place before
them. Dict. de Jur. h. t.
REPETITION, construction of wills. A repetition takes place when the
same testator, by the same testamentary instrument, gives to the same legatee
legacies of equal amount and of the same kind; in such case the latter is
considered a repetition of the former, and the legatee is entitled to one only.
For example, a testator gives to a legatee "ô30 a year during his life;" and in
another part of the will he gives to the same legatee "an annuity of ô3O for his
life payable quarterly," he is entitled to only one annuity of thirty pounds a
year. 4 Ves. 79, 90; 1 Bro. C. C. 30, note.
REPETITION, civil law. The act by which a person demands and seeks to
recover what he has paid by mistake, or delivered on a condition which has not
been performed. Dig. 12, 4, 5. The name of an action which lies to recover the
payment which has been made by mistake, when nothing was due.
2. Repetition is never admitted in relation to natural obligations which have
been voluntarily acquitted, if the debtor had capacity to give his consent. 6
Toull. n. 386. The same rule obtains in our law. A person who has voluntarily
acquitted a natural or even a moral obligation, cannot recover back the money by
an action for money had and received, or any other form of action. D. & R.
N. P. C. 254; 2 T. R. 763; 7 T. R. 269; 4 Ad. & Ell. 858; 1 P. & D. 253;
2 L. R. 431; Cowp. 290; 3 B. & P. 249, note; 2 East, R. 506; 3 Taunt. R.
311; 5 Taunt. R. 36; Yelv. 41, b, note; 3 Pick. R. 207; 13 John. It. 259.
3. In order to entitle the payer to recover back money paid by mistake it
must have been paid by him to a person to whom he did not owe it, for otherwise
he cannot recover it back, the creditor having in such case the just right to
retain the money. Repetitio nulla est ab eo qui suum recepit.
4. How far money paid under a mistake of law is liable to repetition, has
been discussed by civilians, and opinions on this subject are divided. 2 Poth.
Ob. by Evans, 369, 408 to 487; 1 Story, Eq. Pl. §111, note 2.
REPETITION, Scotch law. The act of reading over a witness deposition,
in order that he may adhere to it, or correct it at his choice. The same as
Recolement, (q. v.) in the French law. 2 Benth. on Ev. B. 3, c. 12, p. 239.
REPLEADER, practice. When an immaterial issue has been formed, the
court will order the parties to plead de novo, for the purpose of obtaining a
better issue this is called a repleader.
2. In such case, they must begin to replead at the first fault. If the
declaration, plea and replication be all bad, the parties must begin de novo, if
the plea and replication be both bad and a repleader is awarded, it must be as
to both; but if the declaration and plea be good, and the replication only bad,
the parties replead from the replication only.
3. In order to elucidate this point, it may be proper to give an instance,
where the court awarded a repleader for a fault in the plea, which is the most
ordinary cause of a repleader. An action was brought against hushand and wife,
for a wrong done by the wife alone, before the marriage, and both pleaded that
they were not guilty of the wrong imputed to them, which was held to be bad,
because there was no wrong alleged to have been committed by the hushand, and
therefore a repleader was awarded, and the plea made that the wife only was not
guilty. Cro. Jac. 5. See other instances in: Hob. 113: 5 Taunt. 386.
4. The following rules as to repleaders were laid down in the case of Staples
v. Haydon, 2 Salk. 579. First. That at common law, a repleader was allowed
before trial, because a verdict did not cure an immaterial issue, but now a
repleader ought not to be allowed till after trial, in any case when the fault
of the issue might be helped by the verdict, or by the statute of jeofails.
Second. That if a repleader be allowed where it ought not to be granted, or vice
versa, it is error. Third. That the judgment of repleader is general, quod
partes replacitent, and the parties must begin at the first fault, which
occasioned the immaterial issue. Fourth. No costs are allowed on either side.
Fifth. That a repleader cannot be awarded after a default at nisi prius; to
which may be added, that in general a repleader cannot be awarded after a
demurrer or writ of error, without the consent of the parties, but only after
issue joined; where however, there is a bad bar, and a bad replication, it is
said that a repleader may be awarded upon a demurrer; a repleader will not be
awarded where the court can give judgment on the whole record, and it is not
grantable in favor of the person who made the first fault in pleading. See Com.
Dig. Pleader, R 18; Bac. Abr. Pleas, M; 2 Saund. 319 b, n. 6; 2 Vent. 196; 2
Str. 847; 5 Taunt. 386; 8 Taunt. 413; 2 Saund. 20; 1 Chit. Pl. 632; Steph. pl.
119; Lawes, Civ. Pl. 175.
5. The difference between a repleader and a judgment non obstante veredicto,
is this; that when a plea is good in form, though not in fact, or in other
words, if it contain a defective title or ground of defence by which it is
apparent to the court, upon the defendant's own showing, that in any way of
putting it, he can have no merits, and the issue joined thereon be found for him
there, as the awarding of a repleader could not mend the case, the court for the
sake of the plaintiff will at once give judgment non obstante veredicto; but
where the defect is not so much in the title as in the manner of stating it, and
the issue joined thereon is immaterial, so that the court know not for whom to
give judgment, whether for the plaintiff or defendant, there for their own sake
they will award a repleader; a judgment, therefore, non obstante veredicto, is
always upon the merits, and never granted but in a very clear case; a repleader
is upon the form and manner of pleading. Tidd's Pr. 813, 814; Com. Dig. Pleader,
R 18 Bac. Abr. Pleas, M; 18 Vin. Ab. 567; 2 Saund. 20; Doct. Plac. h. t.; Arch.
Civ. Pl. 258; 1 Chit. Pl. 632; U. S. Dig. XII.
REPLEGIARE, To redeem a thing detained or taken by another, by putting
in legal sureties. See Replevin.
REPLEVIN, remedies. The name of an action for the recovery of goods
2. It will be proper to consider, 1. For what property this action will lie.
2. What interest the plaintiff must have in the same. 3. For what injury. 4. The
pleadings. 5. The judgment.
3. - 1. To support replevin, the property affected must be a personal
chattel, and not an injury to the freehold, or to any matter which is annexed to
it; 4 T. R. 504; nor for anything which has been turned into a chattel by having
been separated from it by the defendant, and carried away at one and the same
time; 2 Watts, R. 126; 3 S. & R. 509 6 S. & R. 4761; 10 S. & R. 114;
6 Greenl. R. 427; nor for writings which concern the realty. 1 Brownl. 168.
4. The chattel also must possess indicia or ear-marks, by which it may be
distinguished from all others of the same description; otherwise the plaintiff
would be demanding of the law what it has not in its power to bestow; replevin
for loose money cannot, therefore, be maintained; but it may be supported for
money tied up in a bag, and taken in that state from the plaintiff. 2 Mod. R.
61. Vide 1 Dall. 157; 6 Binn. 2; 3 Serg. & Rawle, 562; 2 P. A. Browne's R.
160; Addis. R. 134; 10 Serg. & Rawle, 114; 4 Dall. Appx. i.; 2 Watt's R.
126; 2 Rawle's R. 423.
5. - 2. The plaintiff, at the time of the caption, must have been possessed,
or, which amounts to the same thing, have had an absolute property in and be
entitled to the possession of the chattel, or it could not have been taken from
him. He must, in other words, have had a general property, or a special
property, as the bailee of the goods. His right to the possession must also be
continued down to the time of judgment pronounced, otherwise he has no claim to
the restoration of the property. Co. Litt. 145, b. It has however, been doubted
whether on a more naked tailment for safe keeping, the bailee can maintain
replevin. 1 John. R. 380; 3 Serg. & Rawle, 20.
6. - 3. This action lies to recover any goods which have been illegally
taken. 7 John R. 140; 5 Mass. R. 283; 14 John. R. 87; 1 Dall. R. 157; 6 Binn. R.
2; 3 Serg. & Rawle, 562; Addis. R. 134; 1 Mason, 319; 2 Fairf. 28. The
primary object of this action, is to recover back the chattel itself, and
damages for taking and detaining it are consequent on the recovery. 1 W. &
S. 513; 20 Wend. 172; 3 Shepl. 20. When the properly has been restored this
action cannot, therefore, be maintained. But the chattel is considered as
detained, not-withstanding the defendant may have destroyed it before the suit
was commenced; for he cannot take advantage of his own wrong.
7. - 4. This being a local action, the declaration requires certainty in the
description of the place where the distress was taken. 2 Chit: Pl. 411, 412; 10
John. R. 53. But it has been held in Pennsylvania, that the declaration is
sufficient, if the taking is laid to be in the county. 1 P. A. Browne's Rep. 60.
The strictness which formerly prevailed on this subject, has been relaxed. 2
Saund. 74, b. When the distress has been taken for rent, the defendant usually
avows or makes cognizance, in order to obtain a return of the goods to which
avowry or cognizance the plaintiff pleads in bar, or the defendant may, in
proper cases, plead non cepit, cepit in alio loco, guilty. 1 Chit. Pl. 490,
8. - 5. As to the judgment, Vide article Judgment in Replevin. Vide,
gen-erally, Bac. Ab. h. t.; 1 Saund. 347, n. 1; 2 Sell. Pr. 153; Doct. Pl. 414;
Com. Dig. h. t.; Dane's Ab. h. t.; Petersd. Ab. h. t.; 18 Vin. Ab. 576; Yelv.
146, a; 1 Chit., Pl. 157; Ham. N. P. ch. 3, p. 372 to 498; Amer. Dig. h. t.;
Harr. Dig. h. t.; Bouv. Inst. Index, h. t. As to the evidence required in
replevin, see Roscoe's Civ. Ev. 353. Vide, also, article Detinuit.
REPLEVY. To re-deliver goods which have been distrained to the
original possessor of them, on his giving pledges in all action of replevin. It
signifies also the bailing or liberating a man from prison, on his finding bail
to answer. See Replevin.
REPLIANT. One who makes a replication.