RETURN

The act of a sheriff, constable, or other ministerial officer, in delivering back to the court a writ, notice, or other paper, which he was required to serve or execute, with a brief account of his doings under the mandate, the time and mode of service or execution, or his failure to accomplish it, as the case may be. Also the indorsement made by the officer upon the writ or other paper, stating what he has done under it, the time and mode of service, etc. The report made by the court, body of magistrates, returning board, or other authority charged with the official counting of the votes cast at an election. In English practice, the election of a member of parliament is called his “return.” False return. A return to a writ, in which the officer charged with it falsely reports mat he served it, when he did not, or makes some other false or incorrect statement whereby injury results to a person interested. State v. Jenkins, 170 Mo. 16, 70 S. W. 152. General return-day. The day for the general return of all writs of summons, subpoena, etc., running to a particular term of the court. return-book. The book containing the list of members returned to the house of commons. May, Pari. Pr. Return-day. The day named in a writ or process, upon which the officer is required to return it-Return irreplevisable. A writ allowed by the statute of Westm. 2, c. 2, to a defendant who had had judgment upon verdict or demurrer in an action of replevin, or after the plaintiff bad, on a writ of second deliverance, become a second time nonsuit in such action. By this writ the goods were returned to the defendant, and the plaintiff was restrained from suing out a fresh replevin. Previously to this statute, an unsuccessful plaintiff might bring actions of replevin in infinitum, in reference to the same matter. 3 Bl, Comm. 150. Return of premium. The repayment of the whole or a ratable part of the premium paid for a policy of insurance, upon the cancellation of the contract before the time fixed for its expiration. Return of writs. In practice. A short account, in writing, made by the sheriff, or other ministerial officer, of the manner in which he has executed a writ Steph. PI. 24.