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(l Inft. 273.) And in both tUelo cafes llicrc mull bo 

 a privity of eftate between the ix'ledbr and the rclellce ; 

 that is, one of their ellates miift be fp related to the 

 other, as to make but one and the fame eilate in law. 



3. By way of paffing a right, or mitter le droit: as if 

 a man be diifeifed, and releafcth to his diffeifor all his 

 right ; hereby the difl'cifor acquires a new right, which 

 changes the quality of his eftatcs, and renders that lawful 

 which before was tortious or wrongful. (Litt. §. 466.) 



4. By way oi extrngui/hmait : as if iny tenant for life makes 

 a leafe lo A for hfe, remainder to B and his heirs, and I 

 releafe to A ; this extinguiilies my right to the reverfion, 

 and fliall enure to tlie advantage of B's remainder as well 

 as of A's particular eftate. (Litt. §. 470.) 5. Byway 

 of tiilry and feoffment : as if there be two joint difl'eifors, 

 and the diiieifee releafes to one of them, he fliall be fole 

 feifed ; and fhall keep out his former companion ; which is 

 the fame in effeft as if the difleifee had entered, and by 

 that means put an end to the 'difreifin, and afterwards had en- 

 feoffed one of the difl'eifors in fee. (l Inft. 278.) And here- 

 upon we may obferve, that when a man has in himfelf the 

 polTeflion of lands, he mull at tlie common law convey the 

 freehold by feoffment and livery ; which makes a notoriety 

 in the country : but if a man has only a right or a future 

 interefl, he may convey that right or interefl by a mere re- 

 leafe to him that is in pofFelTion of the land : for the oc- 

 cupancy of the relefTee is a matter of fufficient notoriety 

 already. Blackft. Com. book ii. See Lease and Releafe. 



Littleton fays, that the proper words of a releafe are 

 " remififle, rclaxafUc, and quietum clamafle," which have 

 all the fame fignillcation. Lord Coke adds, " renunciarc, 

 acquietare," and fays, that there are other words which 

 will amount to a releafe ; as, if the lefTor grants to the 

 lefl'ee for life, that he (hall be difcharged of the rent ; this 

 is a good releafe. (Litt. § 445. i Inft. 264. Plowd. 140.) 

 So a pardon, by aft of parliament, of all debts and judg- 

 ments, amounts to a releafe of the debt : the word pardon 

 including a releafe. (i Sid. 261.) An exprefs releafe 

 muft regularly be in writing and by deed, according to the 

 common rule, " eodcm modo oritur, eodem modo dilTol- 

 vitur," fo that a duty ariiing by record muft be difcharged 

 by matter of as high a nature : fa of a bond or other deed. 

 (Co. Litt. 264. b. I Rol. Rep. 43. 2 Leon. 76. 213. 

 2 Rol. Abr. 408. 2 Sand. 49. Morr. 573. pi. 787.) 

 But a promife by words may, before breach, be difcharged 

 or releafed, by word of mouth only. ( i Sid. 177. 2 Sid. 78. 

 Cro. Jac. 483. 620. See Cro. Car. 383. I Mod. 262. 

 2 Mod. 259. I Sid. 293.) A releafe of a right in chat- 

 tels cannot be without deed, (i Leon. 283.) A cove- 

 nant perpetual, as that the covenantor will not fue beyond 

 a certain limitation of time, is an abiolute releafe. But if 

 the covenant be, that he will not fue till fuch a time, this 

 does not amount to a releafe, nor is pleadable in bar as 

 fuch, but the party hath remedy only on his covenant. If 

 two are jointly and feverally bound in an obligation, and 

 the obligee, by deed, covenants and agrees not to fue one 

 of them ; this is no releafe, and he may notwithftanding 

 fue the other. (Cro. Car. 551. 2 Salk. 575.) But if 

 two are jointly and feverally bound, a releafe to one dif- 

 chargcs the other. L. Rayni. 420. 



It feems agreed, that a will, though fealed and delivered, 

 cannot amount lo a releafe ; and, therefore, where in debt 

 on an obligation, by the reprefentative of a teftator, a de- 

 fendant pleaded, that the teflator by his lafl will in writing 

 releafed to the defendant ; this was adjudged ill, and that no 

 advantage could be taken by plea. (1 Sid. 421.) But it 

 hath been held in equity, that though a will cannot tenure 



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as a releafe, yet provided it were cxprcdcdto be the intf^n- 

 tion of the teflator that the debt llionld be difcharged, the 

 will would operate accordingly ; and that, in fuch cafe, 11 

 would be plainly an abfolute difcharge of the debt, thougli 

 the teflator had furvived the legatee. ( i P- Wrm. 85. 

 2 Vern. 521.) If a debt is mentioned to be devifcd to the 

 debtor, without words of releafe, or difcharge of the debt, 

 and the debtor die before the teflator, this will not: operate 

 as a releafe, but will be confidered as a lapfed legacy, and 

 the debt will fubfifl. (2 Vern. 522.) A debt is only a 

 right to recover the amount of the debt by way of aflion ; 

 and as an executor cannot maintain an aftion againit himfelf, 

 or againfl a co-executor, the teftator, by appointing the 

 debtor an executor of his will, difcharges the adlion, and 

 confequcntly difcharges the debt. Still, however, when 

 the creditor makes the debtor his executor, it is to be con- 

 fidered merely as a fpecific bequeft or legacy, devifed to the 

 debtor to pay the debt ; and, therefore, like other legacico, it 

 is not to be paid or retained till the debts are fatisfied ; and if 

 there be not afTets for the payment of the debts, the exe- 

 cutor is anfwerable for it to the creditors. In this cafe, it 

 is the fame whether the executor accepts or rcfufcs the exe- 

 cutorfhip. On the other hand, if the debtor makes the 

 creditor his executor, and the creditor accepts the executor- 

 fhip, if there be aflcts, he may retain his debt out of the 

 aflets againft the creditors in equal degree with himfelf; but 

 if there be not aflets, he may fue the heir, when the heir is 

 bound. I Inft. 264. i in n. See ExECUTon. 



Littleton fays, that a releafe of all demands is the beft 

 releafe to him, to whom it is made ; and Coke fays, that 

 the word "demand" is the largeft word in law, except 

 " claim ;" and that a releafe of all demands difcharges all 

 forts of aftions, rights, and titles, conditions before or 

 after, breach, executions, appeals, rents of all kinds, cove- 

 nants, annuities, contrafts, recognizances, flatutes, com- 

 mons, &c. (Litt. § 508. Co. Litt. 291.) A releafe of 

 all aftions difcharges a bond to pay money on a future day. 

 But a releafe of atrions docs not difcharge a rent before the 

 day of payment. (Co. Litt. 292.) By a releafe of all 

 manner of adtions, all aftions, as well criminal as real, per- 

 fonal and mixed, are releafed. Co. Litt. 287. Sec Jacob's 

 Law Dift. by Tomhns. 



RELEGATION,. Relegatio, a kind of exile or ba- 

 nilliment, by which the obnoxious perfon is commanded to 

 retire to a certain place prefcribed, and to continue there 

 till he be recalled. 



Lord Coke calls relegation a banifhment for a time only ; 

 Courtin more adequately defines relegation a banifhment to 

 a certain place for a certain term. 



In Rome, relegation was a lefs fevere punifhment than 

 deportation, in that the relegated perfon did not thereby 

 lofe the rights of a Roman citizen, nor thofe of his family, 

 as the authority of a father over his children, &c. 



RELHANIA, in Botany, received that name from the 

 pen of the late M. I'Heritier, in honour of the Rev. Richard 

 Relhan, F.R.S. and A.L.S., author of the Flora Canta- 

 brigienfis. — L'Herit. Sert. Angl. 22. Schreb. 563. 

 Willd. Sp. PI. v. 3. 2135. Mart. Mill. Dift. v. 4. Ait. 

 Hort. Kew. v. 5, 91. Thunb. Prodr. 145. Poiret in- 

 Lamarck Dift. v. 4. 93. (Eclopes; Gsrtn. t. 169. 

 Lamarck Illuftr. t. 689.) — Clafs and order, Syngenefia Po- 

 lygamia-fuperjiua. Nat. Ord. Compofitit difcoiden, Linn. 

 Corymhtfcrs, JufT. 



Gen. Cli. Common calyx oblong, imbricated, with ob- 

 long chaffy fcales. Cor. compound, radiated ; united 

 florets in the diflc numerous, tubular, funnel-iliaped, live- 

 cleft ; female ones in the radius ligulate, ovate-oblong. 



Stam.:, 



