

REP 



jneet the lessor on the land at any time of 

 the last day of payment, and tender the 

 rent, that is sufficient tender, because 

 the money is to be paid indefinitely on 

 that da}', and therefore a tender on 'that 

 day is sufficient. The remedy for non- 

 payment of rent is by distress, or taking 

 the goods and chattels, or by action of 

 debt. See Woodfall's Landlord and Ten- 

 ant, or Tomlins's Law Dictionary. 



REPELLING power. See REPULSION. 



REPETEND, in arithmetic, denotes 

 that part of an infinite decimal fraction 

 which is continually repeated ad infini- 

 tum. Repetends chiefly arise in the re- 

 duction of vulgar fractions to decimals : 



thus - = 0.333, &c. A single repetend is 



*_> 



that in which only one figure is repeated, 

 as in the instance just given. A com- 

 pound repetend is that in which two or 

 more figures are repeated. " To find 

 the value of any repetend, or to reduce it 

 to a vulgar fraction." Rule. Take the 

 given repeating figure, or figures, for the 

 numerator, and for the denominator, take 

 as many 9's as there are recurring figures 

 or places in the given repetend : thus. 3 



3 1 __ 123 41 

 = _=,andl 2 3 == _ == _. 



REPETITION, in rhetoric, a figure 

 which gracefully and emphatically re- 

 peats either the same word, or the same 

 sense in different words. In the use of 

 this figure care is to be used that we run 

 not into insipid tautologies, nor affect a 

 trifling sound and chime of insignificant 

 words. All turns and repetitions are so 

 that do not contribute to the strength and 

 lustre of the discourse, or at least one of 

 them. The nature and design of this fi- 

 gure is to make deep impressions on 

 those we address. It expresses anger 

 and indignation, full assurance of what 

 we affirm, and a vehement concern for 

 what we have espoused. 



REPLEVIN, in law, is a writ by him, 

 who has cattle or other goods distrained 

 by another, for any cause. If he wishes 

 to dispute the propiety of the distress, he 

 sues this writ, and upon putting in surety 

 to the sheriff, that upon delivery of the 

 thing distrained, he will prosecute the 

 action against the distrainer, the cattle or 

 goods are delivered back, and said to be 

 replevied. In this writ, or action, both 

 .the plaintiff and defendant are called ac- 

 tors ; the one, that is, the plaintiff, suing 

 for damages, and the defendant, who is 

 also called avowant, to have a return of 

 the goods or 



VOL, V. 



REP 



Replevins by writ issue properly out of 

 Chancery, returnable into the courts of 

 King's Bench and Common Pleas at 

 Westminster. 



After the goods are delivered back to 

 the party replevying, he is bound to 

 bring his action of replevin against the 

 distrainer ; which may be prosecuted in 

 the county court, be the distress of what 

 value it may : but either party may re- 

 move it to the superior courts of King's 

 Bench or Common Pleas, the plaintiff at; 

 pleasure, and the defendant upon reason- 

 able cause. 



If the sheriff is shown a stranger's 

 goods, and he takes them, an action of 

 trespass lies against him, for otherwise he 

 could have no remedy ; for being a stran- 

 ger he cannot have the writ tie propnetatc 

 probanda, and were he not entitled to this 

 remedy, it would be in the power of the 

 sheriff to strip a man's house of all his 

 goods. 



If the replevin be determined for the 

 plaintiff, namely, that the distress was 

 wrongfully taken, he has already got his 

 goods back into his own possession, and 

 shall keep them, and recover damages. 

 But if the defendant prevail, by the de- 

 fault or non-suit of the plaintiff, then he 

 shall have a writ de returno habendo, or to 

 have a return, whereby the goods or 

 chattels, which were distrained and then 

 replevied, are returned again into his cus- 

 tody, to be sold, or otherwise disposed of, 

 as if no replevin had been made. If the 

 distress were for damage feasant, that is, 

 for cattle breaking through fences, and 

 coming upon the land of the party, the 

 distrainer may keep the goods so return- 

 ed, until tender shall be made of suffi- 

 cient amends. 



REPLICATION, a law term, signify- 

 ing a part of the pleadings upon the re- 

 cord, being the plaintiff's answer to the 

 defendant's pleas. 



REPRIEVE, an order to suspend a pri- 

 soner from the execution and proceeding 

 of the law for a time. Every judge, who 

 has power to order any execution, has 

 power to reprieve. 



REPRISE, or REPIUZE, at sea, is a mer- 

 chant ship which, after its being taken by 

 a corsair, privateer, or other 'enemy, is 

 retaken by the opposite party. If a ves- 

 sel thus retaken has been 'twenty-four 

 hours in the possession of the enemv, it 

 is deemed a lawful prize ; but if it be re- 

 taken within that time it is to be restored 

 to the proprietor, with every tiling there- 

 in, upon his allowing one-third to the ves- 

 sel who in:ide the reprise. A-lso ifthe re- 



