In maritime law. When a portion of a ship’s cargo is lost by jettison, and the remainder saved, and the articles so lost are replaced by a general contribution among the owners of the cargo, this is called “restitution.” In practice. The return of something to the owner of it or to the person entitled to upon the reversal or setting aside of the judgment or order of court under Which it was, taken from him. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2i Tldd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon. Immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. ,4.Steph. Comm. 434.. Tn equity: Restitution is the restoration of both parties to their original condition, {when practicable,) upon the rescission of a contract for fraud or similar cause. Restitution of conjugal rights. In Eng” fish ecclesiastical law. A species of matrimonial cause or suit which is brought whenever, either a husband or wife is guilty of the injury ot subtraction, or lives separate from the other without any sufficient reason; in which case the ecclesiastical jurisdiction will compel them to come together again, if either party be weak enough to desire It, contrary to the inclination of the other. 8 Bl. Comm. 94. Restitution of minors. In Scotch law. A minor on attaining majority may obtain relief against a deed previously executed by him, which may be held void or voidable according to circumstances. This is called “restitution of mi nom.” Bell. Writ of restitution. In practice. A writ which lies, after the reversal of a judgment to restore a party to all that he has lost by occasion of the Judgment 2 Tidd, Pr. 1186.
Law Dictionary – Alternative Legal Definition
(A) maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution. (B) practice. The return of something to the owner of it, or to the person entitled to it. 2. After property has been taken into execution, and the judgment has been reversed or set aside, the party against whom the execution was sued out shall have restitution, and this is enforced by a writ of restitution. Cro. Jac. 698; 4 Mod. 161. When the thing levied upon under an execution has not been sold, the thing itself shall be restored; when it has been sold, the price for which it is sold is to be restored. 3. The phrase restitution of conjugal rights frequently occurs in the ecclesiastical courts. A suit may there be brought for this purpose whenever either the husband or wife is guilty of the injury of subtraction, or lives separate from the other without sufficient reason; by which the party injured may compel the other to return to cohabitation.