R E T 



RET 



Return of Wr'itt by fhcrifTs and bailiffs, is a certificate 

 made to the court by the flu-riff, bailiff, &c. of what is 

 done with regard to the execution of the writ directed to 

 them. 



Whence the day, on which the defendant is ordered to 

 appear in court, and on which the fheriff is to bring in the 

 writ, and report how far he has obeyed it, is called the re- 

 turn of the writ ; it being then returned by him to the 

 king's juftices at Weftminller. And it is always made re- 

 turnable at the diftance of at leaft fifteen days from the date 

 or telle, that the defendant may have time to come up to 

 Weftminller, even from the molt remote parts of the 

 kingdom ; and upon fome day in one ot the tour terms, in 

 which the court fits for the difpatch of bufinefs. See Re- 

 turns, infra. 



Such alfo is the return of a comm'ijfon, which is a certifi- 

 cate, or anfwer of what is done by the commiffioners to 

 whom fuch commiilions, precepts, mandates, or the like, 

 are directed, 



Return is alfo ufed in cafe of a replevin. If a man 

 diftrain cattle for rent, &c. and afterwards juftify or avow 

 his aft, fo as it is found lawful, the cattle before deli- 

 vered unto him that was diftrained, upon fecurity given 

 to profecute the aiftion, lhall now be returned to him 

 that diftrained them. See RetuRNO Habendo, and Re- 



I'LEVY. 



Return of Members of Parliament. See Parlia- 

 ment. 



Return to a Mandamus. See Mandamus. 



Returns, Return-days, or days in bank, dies in banco, 

 that is, days of appearance in the court of common pleas, 

 ufually called bancum, or commune bancum, to dillinguifli it 

 from bancum regis, or the court of king's bench, are certain 

 days in each term peculiarly fet apart for the feveral kinds 

 of proceedings in any caufe to be determined. Thefe days 

 are generally at the diftance of about a week from eacli 

 other, and regulated by fome feftival of the church. On fome 

 one of thefe days in bank all original writs mult be made 

 returnable, and therefore they are commonly called the 

 returns of that term ; of which every term has more or lefs, 

 laid by the Mirror (cap. 5. § 108.) to have been originally 

 fixed by king Alfred, but certainly fettled as early as the 

 ftatuteof 51 Hen. III. ftat. 2. But though many of the 

 return-days are fixed upon Sundays, yet the court never fits 

 to receive thefe returns till the Monday after ; and, there- 

 fore, no proceedings can be had, or judgment can be given, 

 or fuppoled to be given on a Sunday. See Day. 



Hilary term has four fuch returns ; viz. oclabis Hilarii, 

 eight days after Hilary day ; quindena Hilarii, fifteen days ; 

 crajl'ma Purificcitione, the day after the Purification ; and 

 edabis Pur'ificationis, eight days after, inclufive. 



Eafter term has five returns ; to's. quindena Pafchtu, fifteen 

 days after Eafter ; ires Pcfchdt, three weeks after ; menfe 

 Pafcht, the day month after Eafter ; quinque Pafchs, the 

 day five weeks from Eafter ; and crafiino Afcerjionis Domini, 

 the day after Afcenfion-day. 



Trinity term has four returns ; viz. crafiino Trinitatis, the 

 day after Trinity; ofiabisTrinitatis, eight days after, inclufive; 

 quindena Trinitatis, fifteen days alter ; and tres Trinitatis, 

 three weeks after. 



Michaelmas term has four returns, by ftat. 24 Geo. II. 

 cap. 48. viz. crafiino Animarum, morrow of All-Souls ; 

 trajlino Martini, the morrow of St. Martin ; oclabis Martini, 

 eight day3 after, inclufive ; and quindena Martini, fifteen 

 days after. 



^he firft return in every term is, properly fpeaking, the 

 firft day in that term ; e. gr. the odtave of St. Hilary, which 



falling on the thirteenth of January, the odlave, or firft day 

 of Hilary term, is the twentieth of January ; and this is 

 called the effoign day of term. But by reafon of the quarto 

 die pofl, the court does not fit, at the beginning of each term, 

 for difpatch of bufinefs, till the fourtli day, as in Hilary 

 term on the twenty-third of January ; and in Trinity term, 

 by ftatute 32 Hen. VIII. cap. 21. not till the fixth day; 

 which is, therefore, ufually called and fet down in the 

 almanacs as the firft day of Term ; which fee. 



Return, in the Military Language, denotes the lift of 

 the fick, given in once a week by the furgeon to the com- 

 manding officer of a regiment. 



Commiffioned officers are not put in the returns, which, 

 on that account, are but an imperfedl lift of the fick. 



Twelve liA, in a battalion of 780 private men, is the 

 lowed return that can be expedted, even in the moll healthy 

 feafon and climate, as well as bell quarters. Returns 

 are often much higher, but feldom exceed feventy in a 

 battalion. 



It is to be obferved, that returns include all accidents un- 

 fitting a foldier for duty ; together with a general ftate of 

 the army, regiment, or company. See Pringle's Obferv. 

 on the Difeafes of the Army, p. 12 — 36. 



In fedtion V. of the articles of war, it is exprelled, that 

 every officer who fhall knowingly make a falfe return to 

 the king, to the commander-in-chief of the forces, or to 

 any his fuperior officer authorifed to call for fuch returns, 

 lhall, upon being convi&ed thereof before a general court- 

 martial, be calhiered. 



Whoever (hall be" convifted of having defignedly, or 

 through negledt, omitted fending fuch returns, (hall be pu- 

 nifhed according to the nature of the offence by the judg- 

 ment of a general court-martial. 



Returns are to be made in the fame manner of the forces 

 in Ireland to the chief governor or governors thereof; 

 likewife of the forces in North Britain to the officer there 

 commanding in chief : which returns are from time to time 

 to be tranlmitted to England as it lhall appear bell for the 

 fervice. 



Exaft returns from Gibraltar, &c. and regiments fta- 

 tioned abroad, are by their refpective governor or com- 

 manders there refiding, by all convenient opportunities to be 

 tranfmitted to the fecretary at war, in order that the fame 

 may be laid before the king. 



The life and foot-guards do not make any returns to the 

 commander-in-chief or fecretary at war, but to the king 

 diredt through their feveral field officers. This privilege is 

 attached to them upon the principle of being houfehold 

 troops. Upon the fame principle they have always, when 

 brigaded, a general of their own attached to each brigade ; 

 on which account likewife, no other military honours than 

 thofe done to their own brigade general are to be paid by 

 them, except to a branch of the royal family, or to a com- 

 mander-in-chief. 



Return, To, in a military fenfe, to infert the names of 

 fuch officers, &c. as are prefent or ablent on the Hated pe. 

 riods for the identification of their being with their regiments, 

 on detachment, or abfent with or without leave. 



Every officer commanding a regiment or detachment, will, 

 on his arrival from abroad, tranfmit to the adjutant-general's 

 office, and to the war-office, a difembarkation retnrn, a dupli- 

 cate of which he will alfo deliver to the general, or other 

 officer commanding at the port at which he difembarks. 



Commanding officers of regiments in South Britain, are 

 regularly to tranfmit to the adjutant-general's office the foU 

 lowing returns. 



A monthly, on the lit of each month. 



A return 



