under such government and regulations as the demesnes and possessions belonging to the crown. Moor 149, 160. So, if a prebendary make a lease, rendering rent, and if the rent be in arrear and demanded, that it shall be lawful for the prebendary to re-enter; if the reversion in this case comes to the king, the king must in this case demand the rent, though he shall be by his prerogative excused of an implied demand: for the implied demand is the act of the law, the other the express agreement of the parties, which the king's prerogative shall not defeat. There fore, in case of the king, if he makes a lease reserving rent, with a proviso, if the rent be in arrear for such a time (being lawfully demanded, or demanded in due form), that then the lease shall be void; it seems that not only the patentee of the reversion in this case, but also the king himself, whilst he continues the reversion in his own hands, is obliged to make an actual demand by reason of the express agreement for that purpose. Dyer 87, 210. But if the king, in cases where he need not make a demand, assigns over the reversion, the patentee cannot enter for non-payment, without a previous demand, because the privilege is inseparably annexed to the person of the king. Another exception is, where the rent is payable at a place off the land, with a clause that if the rent be behind, being lawfully demanded at the place off the land, or where the clause is, if the rent be behind, being lawfully demanded of the person who is to pay it, that then he may distrain; in these cases, though the remedy be by distress only, yet the grantee cannot distrain without a previous demand: because here the distress and demand being not complicate, but different acts, to be performed at different places and times, the demand must be previous to the distress; for distress is an act of grace, not of common right, and therefore must be used in the manner that it is given. And there seems to have been formerly another exception admitted, that where the remedy was by way of entry, for non-payment, yet there needed no demand, if the rent were made payable at any place off the land; because they looked on the money payable off the land to be in nature of a suni in gross, which the tenant had at his own peril undertaken to pay; but this opinion has been entirely exploded, for the place of payment does not change the nature of the service, but it remains in its nature a rent, as much as if it had been made payable on the land; therefore, the presumption is, that the tenant was there to pay it, unless it be overthrown by the proof of a demand; and without such demand, and a neglect or refusal, there is no injury to the lessor, consequently the estate of the lessee ought not to be defeated. But when the power of re-entry is given to the lessor for non-payment, without any further demand, there it seems that the lessee has undertaken to pay it, whether it be demanded or not; and there can be no presumption in his favor in this case; because by dispensing with the demand he has put himself under the necessity of making an actual proof that he was ready to tender and pay the rent. Dyer 68. There is another exception, when the remedy is by distress, and that is, when the tenant was ready on the land to pay the rent at the day, and made a tender of it; there it seems there must be a demand previous to the distress; because, where the tenant has shown himself ready on the day by the tender, he has done all that in reason can be required of him; for it would put the tenant to endless trouble to oblige him every day to make a tender; it being altogether uncertain when the lessor will come for his rent, when he has omitted to receive it the day he appointed by the lease for payment and receipt; wherefore as the lessee must expect the lessor, and be ready to pay it at the day appointed, or else the lessor may distrain for it without any demand; so where the lessor has lapsed the day of payment, and was not on the land to receive it, he must give the tenant notice to pay it before he can distrain; for the tenant shall be put to no trouble where it appears that he has omitted nothing on his part. And where the tender was made by a tenant on the land at the day, there a demand on the land is sufficient to justify a distress after the day; because the demand in such case is of equal notoriety with the tender. But if the tenant had tendered the rent on the day to the person of the lessor, and he refused it, it seems, by the better opinion, that the lessor cannot distrain for that rent, without a demand of the person of the tenant; because the demand ought to be equally notorious to the tenant, as the tender was to the lessor. Hob. 207: 2 Roll. Abr. 427. So, if the services by which the te nant holds be personal, as homage, fealty, &c., the demand must be of the person of the tenant; because this service is only performable by the very person of the tenant, therefore a demand, where he is not, would be improper. Hut. 13: Hob. 207. Again, if the rent be rent-seck, and the tenant be ready at the last instant of the day of payment to pay the rent, and the granter is not there to receive it, he must afterwards demand it of the person of the tenant on the lands, before he can have his assise; but in the case of a rent-charge, after such tender of the tenant on the land, the grantee may afterwards demand the rent on the land, because he has his remedy by distress, which is no more than a pledge for the rent; but in this case, if the grantee cannot find the tenant on the land to demand the rent, he may, on the next feast on which the rent is payable, demand all the arrears on the land; and, if the tenant is not there to pay it, he has failed of his duty, and is guilty of wilful default which amounts to a denial; and, that denial being a disseisin of the rent, the grantee may have his assise, and by that shall recover the arrears. If a lease be made, reserving rent, and a hond given for performance of covenants and payment of the rent, the lessor may sue the bond without demanding the rent. If there be several things demised in one lease, with several reservations, with a clause, that, if the several yearly rents reserved be behind or unpaid in part, or in all, by the space of one month, after any of the days on which the same ought to be paid, that then it shall be lawful for the lessor, into such of the A I premises, whereupon such rents, being behind, is or are reserved, to re-enter; these are in the nature of distinct demises, and several reservations; consequently there must be distinct demands or each demise to defeat the whole estate demised. Also, as to the necessity of a demand of the rent, there is a difference between a condition and a limitation; for instance, if tenant for life (as the case was by marriage settlement with power to make leases for twenty-one years, so long as the lessee, his executors, or assigns, shall duly pay the rent reserved) make a lease pursuant to the power; the tenant is at his peril obliged to pay the rent without any demand of the lessor; because the estate is limited to continue only so long as the rent is paid; therefore, for non-performance, according to the limitation the estate must determine; as if an estate be made to a woman dum sola fuerit, this is a word of limitation which determines her estate on marriage. IV. Of the time and place of demanding rent.Rent is regularly due and payable upon the land whence it issues, if no particular place is mentioned but, in case of the king, the payment must be either to his officers at the exchequer, or to his receiver in the country. And, strictly, the rent is demandable and payable before the time of sun-set of the day whereon it is reserved; though perhaps not absolutely due till midnight. If the lessor dies before sun is set on the day upon which the rent is demandable, it is clearly settled that the rent unpaid is due to his heir, and not to his executor: but if he dies after sunset, and before midnight, it seems to be the better opinion that it shall go to the executor, and not to the kin. 1 P. Wms. 178. -- There is a material difference between the reservation of a rent payable on a particular day, or within a certain time after; and the reservation of a rent payable at a certain day, with a condition that, if it be behind, by the space of any given time, the lessor shall enter; in both cases a tender on the first or last day of payment, or on any of the intermediate days, to the lessor himself, either upon or out of the land, is good but, in the former case it is sufficient, if the lessee attends on the first day of payment at the proper place; and, if the lessor does not attend there to receive the rent, the condition is saved. In the latter case, to save the lease it is not sufficient that the lessee attends on the first day of payment, for he must equally attend on the last day. The other effects of this question of the time of the rent becoming due are now in equal measure superseded by the statute regulations already alluded to. But the following determinations on the subject may, notwithstanding, be requisite to be known. 1. The time for payment of rent, and consequently for a demand, is such a convenient time before the sun-setting of the last day as will be sufficient to have the money counted; but if the tenant meet the lessor on the land at any time of the last day of payment, and tenders the rent, that is sufficient tender, because the money is to be paid indefinitely on that day, therefore a tender on the day is sufficient. 2. If a lease is made, rendering rent at Michaelmas, between the hours of one and five in the afternoon, with a clause of re-entry, and the lessor comes at the day, about two in the afternoon, and continues to five, this is sufficient. Cro. Eliz. 15. The demand may be by attorney. 4 Leon. 479. But the power must be special, for such land and of such tenant: demand must be proved by witnesses, and must be made of the precise sum due. 3. If a lease be made, reserving rent on condition that if the rent be behind at the day, and ter. days after (being in the mean time demanded), and no distress to be found upon the land, that the lessor may re-enter; if the rent be behind at the day, and ten days: after, and a sufficient distress be on the land till the afternoon of the tenth day, and then the lessee takes away his cattle, and the lessor demands the rent at the last hour of the day, and the lessee does not pay it, and there is not any distress on the land; yet the lessor cannot enter, because he made no demand in the mean time between the day of payment, and the ten days, which by the clause he was obliged to do. 4. As to the place of demanding rent, there is a difference between a remedy by re-entry and distress; for when the rent is reserved, on condition that, if it be behind, that the lessor may re-enter, in such case the demand must be upon the most notorious place on the land; therefore, if there be a house on the land, the demand must be at the fore door thereof, because the tenant is presumed to be there residing, and the demand being required to give notice to the tenant that he may not be turned out of possession, without a wilful default, snch demand ought to be in the place where the end and intention will be best answered. 5. And it seems the better opinion that it is not necessary to enter the house, though the doors be open, because that is a place appropriated for the peculiar use of the inhabitant, into which no person is permitted to enter without his permission; and it is reasonable that the lessor shall go no further to demand his rent than the tenant should be obliged to go, when he is bound to tender it; and a tender by the tenant at the door of the house of the lessor is sufficient, though it be open, without entering; therefore, by parity of reason, a demand by the lessor at the door of the tenant, without entering, is sufficient. But when the demand is only in order for a distress, there it is sufficient, if it be made on any notorious part of the land, because this is only to entitle him to his remedy for his rent; therefore, the whole land being equally debtor, and chargeable with the rent, a demand on it, without going to any particular part of it, is sufficient. Co. Litt. 153. RENTERING, in the manufactories, is the same with fine-drawing. It consists in sewing two pieces of cloth edge to edge, without doubling them, so that the seam scarcely appears; and hence it is denominated fine-drawing. It was originally a French word derived from the Latin retrahere, because the seam is drawn in or covered. In the East Indies, if a piece of fine muslin be torn, and afterwards mended by the fine-drawers, it will be impossible to discover where the rent was. In this country the dexterity of the fine drawers is not so great, but it is still such as to enable them to defraud the revenue, by fastening a head or slip of English cloth on a piece of Dutch, Spanish, or other foreign cloth; or a slip of foreign cloth on a piece of English, so as to pass the whole as of a piece; and thus avoid the duties, penalties, &c. The trick was first discovered in France by M. Savary. RENTERING, in tapestry, is the working new warp into a piece of tapestry damaged by rats or otherwise, and on this warp to restore the ancient pattern or design. The warp is to be of woollen, not linen. Among the titles of the French tapestry makers is included that of renterers. REORDAIN', v. a. Fr. reordiner. 7 REORDINATION, n. s. and ordain. Re rate to be imitable, or reparable by the bare apposition of those divided parts to each other. Boyle. Suits are unlawfully entered, when they are vindietive, not reparative; and begun only for revenge, not for reparation of damages. Kettlewell. is Temperance, in all methods of curing the gout, Depart from hence in peace, So 'scapes the insulting fire his narrow jail, There the fierce winds his tender force assail, dain again: the noun-substantive corresponding. O peace of mind! repairer of decay, Atterbury. REPACIFY, v. n. Re and pacify. To pacify again. REPARABLE, adj. REPARABLY, adv. Henry, who next commands the state, Seeks to repacify the people's heat. Daniel. REPAIR', v. a., v. n.,& n. s. Fr. reparer; REPAIRER, n. s. Latin тераго : Ital. reparare, Το restore or REPARATION, n. s. amend after inREPARATIVE. Jjury; supply loss; revisit: as a noun-substantive, the supply or restoration made; resort; abode: reparation is the act of repairing: the other derivatives correspond. Let the priests repair the breaches of the house. Before the curing of a strong disease, Bacon. The king sent a proclamation for their repair to their houses, and for a preservation of the peace. Id. Heaven soon repaired her mural breach. Milton. When its spirit is drawn from wine, it will not by the re-union of its constituent liquors be reduced to its pristine nature; because the workmanship of nature, in the disposition of the parts was too clabo Id. Whose balms renew the limbs to labours of the day, Id. He that governs well, leads the blind, but he that teaches, gives him eyes; and it is a glorious thing to have been the repairer of a decayed intellect. South's Sermons. When the organs of sense want their due repose and necessary reparations, the soul exerts herself in her several faculties. Addison. Antoninus Philosophus took care of the reparation of the highways. Arbuthnot on Coins. 'Tis fix'd; the irrevocable doom of Jove: Haste then, Cyllenius, through the liquid air, Go mount the winds, and to the shades repair. Pope. REPAN'DOUS, adj. Lat. repandus. upwards. Bent Cupid was as bad as he; Prior. Id. To argue, or to repartee? REPASS', v. a. & v. n. Fr. repasser. To pass again; pass or travel back: go back. Well we have passed, and now repassed the seas, And brought desired help. Shakspeare. Henry V'T. We shall find small reason to think that Abraham passed and repassed those ways more often than he was enforced so to do, if we consider that he had no other comforter in this wearisome journey than the strength of his faith in God. Raleigh. Five girdles bind the skies, the torrid zone repas; I care not what, so it be wholesome food. The centesima usura it was not lawful to exceed ; and, what was paid over it, was reckoned as a repayment of part of the principal. Arbuthnot. Fav'ring heav'n repaid my glorious toils With a sacked palace and barbarick spoils. Pope. REPEAL', v. a. & n. s. Fr. rappeller; Lat. re and appello. To recall (out of use); abrogate a revocation. Laws that have been approved, may be again repealed, and disputed against by the authors themselves. Hooker's Preface. I will repeal thee, or be well assured, Adventure to be banished myself. If the time thrust forth Shakspeare. Id. A cause for thy repeal, we shall not send O'er the vast world to seek a single man. The king, being advertised that the over-large grants of lands and liberties made the lords so insofent, did absolutely resume all such grants; but the earl of Desmond above all found himself grieved with this resumption or repeal of liberties, and declared his dislike. Davies on Ireland. Adam soon repealed The doubts that in his heart arose. Milton. Statutes are silently repealed when the reason ceases for which they were enacted. Dryden. If the presbyterians should obtain their ends, I could not be sorry to find them mistaken in the point which they have most at heart, by the repeal of the test; I mean the benefit of employments. REPEAT', v. a. REPEATEDLY, adv. REPEATER, n. s. REPETITION. Swift. Lat. repeto, repeter. To iterate; use again; do or try again; recite: repeatedly is, over and over; more and more; more than once: repeater, a particular kind of watch, see WATCH-MAKING: in a general sense corresponding, as well as repetition, with the. verb. Hooker. Shakspeare. Which you shall thereby reap, is such a name, Whose repetition will be dogged with curses. Id. He, though his power Creation could repeat, yet would be loth Us to abolish. Milton. He repeated some lines of Virgil, suitable to the Waller's Life. occasion. Neglecting for Creusa's life his own, Repeats the danger of the burning town. Waller. Beyond this place you can have no retreat ; Stay here, and I the danger will repeat. Dryden. Where sudden alterations are not necessary, the same effect may be obtained by the repeated force of diet with more safety to the body. Arbuthnot. The frequent repetition of aliment is necessary for Id. repairing the fluids and solids. And are not these vices, which lead into damnation, repeatedly, and most forcibly cautioned against ! Stephens. Lat. repello. To drive back any thing REPEL', v. a. & v. n. I REPELLENT, n.s. or person; resist force by force: that which has repelling power. Neither doth Tertullian bewray this weakness in striking only, but also in repelling their strokes with whom he contendeth. Hooker. Stand fast; and all temptation to transgress repel. Milton. Your foes are such as they, not you, have made, And virtue may repel, though not invade. Dryden. From the same repelling power it seems to be, that flies walk upon the water without wetting their feet. Newton. In the cure of an erysipelas, whilst the body abounds with bilious humours, there is no admitting of repellents, and by discutients you will encrease the Wiseman. heat. With hills of slain on every side, Hippomedon repelled the hostile tide. REPENT, v. n. & v. a. REPENTANCE, n. s. REPENTANT, adj. Pope. Fr. repentir; Ital. pentir, of Lat. pœniSteo. To think on any thing past with sorrow; regret; bemoan sin; change the mind from fear or conviction of error; change the mind generally; to remember with sorrow: the adjective and noun substantive corresponding. God led them not through the land of the Philistines, lest peradventure the people repent when they see war, and they return. Exodus xiii. 17. Judas, when he saw that he was condemned, repented himself. Matthew xxvii. 3. Nineveh repented at the preaching of Jonas. Till God arose, and great in anger said, Lo! it repenteth me that man was made. Prior. Relentless walls! whose darksome round contains Repentant sighs and voluntary pains. Still you may prove the terror of your foes; Teach traitors to repent of faithless leagues. Pope. A. Philips. The first step towards a woman's humility, seems Law. to require a repentance of her education. REPEOPLE, v. a. Re and people; Fr. repeupler. To stock anew with people. An occurrence of such remark, as the universal flood and the repeopling of the world, must be fresh in memory for about eight hundred years; especially considering that the peopling of the world was gradual. Hale's Origin of Mankind. REPERCUSS', v. a. Lat. repercutio, reREPERCUSSION, n. s. percussus. To beat REPERCUS'SIVE, adj. back; drive back : act of driving back; rebound; the adjective corresponding. Air in ovens, though it doth boil and dilate itself, and is repercussed, yet it is without noise. Bacon. In echoes there is no new elision, but a repercus sion. The fines imposed were the more repined against because they were assigned to the rebuilding of St. Paul's church. Clarendon. If you think how many diseases, and how much poverty there is in the world, you will fall down upon your knees, and, instead of repining at one affliction, will admire so many blessings received at the hand of God. Temple. The ghosts repine at violated night, And curse the' invading sun, and sicken at the sight. Dryden. REPLACE', v. a. Fr. replacer, re and place. To put again in a former place; place anew. The earl being apprehended, upon examination cleared himself so well, as he was replaced in his Bacon. government. The bowls, removed for fear, The youths replaced; and soon restored the chear. Dryden. REPLANT', v. a. Fr. replanter; re and plant. To plant anew. Small trees being yet unripe, covered in autumn with dung until the spring, take up and replant in good ground. Bacon. REPLAIT, v. a. Re and plait. To fold one part often over another. In Raphael's first works, are many small foldings often replaited, which look like so many whipcords. Dryden. Old Fr. repleni; To stock; fill; Genesis i. 28. REPLENISH, v. a. & v. n. Lat. repleo, from re and plenus. consummate; recover fulness. Multiply and replenish the earth. We smothered The most replenished sweet work of nature, That from the prime creation e'er she framed. Shakspeare. The humours in men's bodies encrease and decrease as the moon doth; and therefore purge some day after the full; for then the humours will not reBacon. plenish so soon. The woods replenished with deer, and the plains Heylin. with fowl. The waters With fish replenished, and the air with fowl. Milton. REPLETE', adj.) Fr. replete; Lat. repletus. REPLETION, n. s. ( Full; filled completely, or to exuberance: the noun substantive corresponding. The world's large tongue And repercussive rocks renewed the sound. By repercussion beams ingender fire, Shapes by reflection shapes beget; Id. Cowley. They various ways recoil, and swiftly flow By mutual repercussions to and fro. Blackmore. Amid Carnarvon's mountains rages loud The repercussive roar, with mighty crush Tumble the smitten cliffs. Thomson. Bacon. His words, replete with guile, Into her heart too easy entrance won. Milton. All dreams Dryden. Are from repletion and complexion bred; From rising fumes of undigested food. In a dog, out of whose eye, being wounded, the aqueous humour did copiously flow, yet in six hours the bulb of the eye was again replete with its humour, Ray. without the application of any medicines. The action of the stomach is totally stopped by too great repletion. Arbuthnot on Aliments. How each would trembling wait the mournful sheet, On which the press might stamp him next to die; And, reading here his sentence, how replete With anxious meaning, Heavenward turn his eye! |