REVENUE. The income of the government arising from taxation, duties,
and the like; and, according to some correct lawyers, under the idea of revenue
is also included the proceeds of the sale of stocks, lands, and other property
owned by the government. Story, Const. §877. Vide Money Bills. By revenue is
also understood the income of private individuals and corporations.
REVERSAL, international law. First. A declaration by which a sovereign
promises that he will observe a certain order, or certain conditions, which have
been once established, notwithstanding any changes that may happen to cause a
deviation therefrom; as, for example, when the French court, consented for the
first time, in 1745, to grant to Elizabeth, the Czarina of Russia, the title of
empress, exacted as a reversal, a declaration purporting that the assumption of
the title of an imperial government, by Russia, should not dero-gate from the
rank which France had held towards her. Secondly. Those letters are also termed
reversals, Litterae Reversales, by which a sovereign declares that, by a
particular act of his, he does not mean to prejudice a third power. Of this we
have an example in history: formerly, the emperor of Germany, whose coronation,
according to the golden ball, ought to have been solemnized at Aix-la-Chapelle,
gave to that city when he was crowned elsewhere, reversals, by which he declared
that such coronation took place without prejudice to its rights, and without
drawing any consequences therefrom for the future.
TO REVERSE, practice. The decision of a superior court by which the
judgment, sentence or decree of the inferior court is annulled.
2. After a judgment, sentence or decree has been rendered by the court below,
a writ of error may be issued from the superior to the inferior tribunal, when
the record and all proceedings are sent to the supreme court on the return to
the writ of error. When, on the examination of the record, the superior court
gives a judgment different from the inferior court, they are said to reverse the
proceeding. As to the effect of a reversal, see 9 C. & P. 513 S, C. 38 E. C.
L. Rep. 201.
REVERSION, estates. The residue of an estate left in the grantor, to
commence in possession after the determination of some particular estate granted
out by him; it is also defined to be the return of land to the grantor, and Iiis
heirs, after the grant is over. Co. Litt. 142, b.
2. The reversion arises by operation of law, and not by deed or will, and it
is a vested interest or estate, and in this it differs from a remainder, which
can never be limited unless by either deed or devise. 2 Bl. Comm. 175; Cruise,
Dig. tit. 17; Plowd. 151; 4 Kent, Comm. 349; 19 Vin. Ab. 217; 4 Com. Dig. 27; 7
Com. Dig. 289: 1 Bro. Civil Law, 213 Wood's Inst. 151 2 Lill. Ab. 483. A
reversion is said to be an incorporeal hereditament. Vide 4 Kent, Com. 354. See,
generally, 1 Hill. Ab. c. 52, p. 418; 2 Bouv. Inst. n. 1850, et seq.
REVERSIONER, estates. One entitled to a reversion.
2. Although not in actual possession, the reversioner having a vested
interest in the reversion, is entitled to his action for an injury done to the
inheritance. 4 Burr. 2141. The reversioner is entitled to the rent, and this
important incident passes with a grant or assignment of the reversion. It is not
inseparable from it, and may be severed and excepted out of the grant by special
words. Co. Litt. 143, a, 151, a, b Cruise, Digest, t. 17, s. 19.
REVERSOR, law of Scotland. A debtor who makes a wadset and to whom the
right of reversion is granted. Ersk. Pr. L. Scotl. B. 2, t. 8, sect. 1. A
reversioner. Jacob, L. D. h. t.
REVERTER. Reversion. A formedon in reverter is a writ which was a
proper remedy when the donee in tail or issue died without issue and a stranger
abated: or they who were seised by force of the entail discontinued the same.
Bac. Ab. Formedon, A 3.
REVIEW, practice. A second examination of a matter. For example, by
the laws of Pennsylvania, the courts having jurisdiction of the subject may
grant an order for a view of a proposed road; the viewers make a report, which
when confirmed by the court would authorize the laying out of the same. After
this, by statutory provision, the parties may apply for a review, or second
examination; and the last viewers may make a different report. For the practice
of reviews in chancery, the reader is referred to Bill of Review, and the cases
REVIVAL, contracts. An agreement to renew the legal obligation of a
just debt, after it has been barred by the act of limitation or lapse of time,
is called its revival. Vide Promise.
REVIVAL, practice. The act by which a judgment, which has lain dormant
or without any action upon it for a year and a day is, at common law, again
restored to its original force.
REVIVE, practice. When a judgment is more than a day and a year old,
no execution can issue upon it at common law; but till it has been paid, or the
presumption arises from lapse of time, that it has been satisfied, it may be
revived and have all its original force, which was merely suspended. This may be
done by a scire facias, or an action of debt on the judgment. Vide Scire facias;
REVIVOR. the name of a bill in chancery used to renew an original bill
which for some reason has become inoperative. Vide Bill of Revivor.
REVOCATION. The act by which a person having authority, calls back or
annuls a power, gift, or benefit, which had been bestowed upon another. For
example, a testator may revoke his testament; a constituent may revoke his
letter of attorney; a grantor may revoke a grant made by him, when he has
reserved the power in the deed.
2. Revocations are expressed or implied. An express revocation of a will must
be as formal as the will itself. 2 Dall. 289; 2 Yeates, R. 170. But this is not
the rule in all the states. See 2 Conn. Rep. 67; 2 Nott & McCord, Rep. 485;
14 Mass. 208; 1 Harr. & McHenry, R. 409; Cam. & Norw. Rep. 174 2 Marsh.
3. Implied revocations take place, by marriage and birth of a child, by the
English law. 4 Johns. Ch. R. 506, and the cases there cited by Chancellor Kent.
1 Wash. Rep. 140; 3 Call, Rep. 341; Cooper's Just. 497, and the cases there
cited. In Pennsylvania, marriage or birth of a child, is a revocation as to
them. 3 Binn. 498. A woman's will is revoked by her subsequent marriage, if she
dies "before her hushand. Cruise, Dig. tit. 38, c. 6, s. 51. 4. An alienation of
the estate by the devisor has the same effect of revoking a will. 1 Roll. Ab.
615. See generally, as to revoking wills, Lovelass on Wills, oh. 3, p. 177
Fonbl. Eq. c. 2, s. 1; Robertson Wills, ch . 2, part 1.
5. Revocation of wills may be effected, 1. By cancellation or obliteration.
2. By a subsequent testamentary disposition. 3. By an express revocation
contained in a will or codicil, or in any other distinct writing. 4. By the
republication of a prior wili; by presumptive or implied revocation. Williams on
Wills, 67; 3 Lom. on Ex'rs, 59. Vide Domat, Loix Civ. liv. 3, t. 1, s. 5.
6. The powers and authority of an attorney or agent may be revoked or
deter-mined by the acts of the principal; by the acts of the attorney or agent;
and by operation of law.
7. - 1. By the acts of the principal, which may be express or implied. An
express revocation is made by a direct and formal and public declaration, or by
an informal writing, or by parol. An implied revocation takes place when such
circumstances occur as manifest the intention of the principal to revoke the
authority; such, for example, as the appointment of another agent or attorney to
perform acts which are incompatible with the exercise of the power formerly
given to another; but this presumption arises only when there is such
incompatibility, for if the original agent has a general authority, and the
second only a special power, the revocation will only operate pro tanto. The
performance by the principal himself of the act which he has authorized to be
done by his attorney, is another example; as, if the authority be to collect a
debt, and afterwards the principal receive it himself.
8. - 2. The renunciation of the agency by the attorney will have the same
effect to determine the authority.
9. - 3. A revocation of an authority takes place by operation of law. This
may be done in various ways: 1st. When the agency terminates by lapse of time;
as, when it is created to endure for a year, it expires at the end of that
period; or when a letter of attorney is given to transact the constituent's
business during his absence, the power ceases on his return. Poth. du Mandat, n.
119; Poth. Ob. n. 500.
10. - 2d. When a change of condition of the principal takes place so that he
is rendered incapable of performing the act himself, the power he has delegat-ed
to another to do it must cease. Liverm. Ag. 306; 8 Wheat. R, 174. If an
unmarried woman give a power of attorney and afterwards marry, the marriage
does, ipso facto, operate as a revocation of the authority; 2 Kent, Com. 645, 3d
edit. Story Bailm. §206; Story, Ag. §481; 5 East, R. 206; or if the principal
become insane, at least after the establishment of the insanity by an
inquisition. 8 Wheat. R. 174, 201 to 204. When the principal becomes a bankrupt,
his power of attorney in relation to property or rights of which he was
dives-ted by the bankruptcy, is revoked by operation of law. 2 Kent, Com. 644,
3d edit.; 16 East, R. 382.
11. - 3d. The death of the principal will also have the effect of a
revocation of the authority. Co. Litt. 52; Paley, Ag. by Lloyd, 185; 2 Liverm.
Ag. 301; Story, Ag. §488; Story, Bailm. §203; Bac. Ab. Authority, E; 2 Kent,
Com. 454, 3d edit.; 3 Chit. Com. Law, 223.
12. - 4th. When the condition of the agent or attorney has so changed as to
render him incapable to perform his obligation towards the principal. When a
married woman is prohibited by her hushand from the exercise of an authority
given to her, it thereby determines. When the agent becomes a bankrupt, his
authority is so far revoked that he cannot receive any money on account of his
principal; 5 B. & Ald. 645, 3d edit.; but for certain other purposes, the
bankruptcy of the agent does not operate as a revocation. 3 Meriv. 322; Story,
Ag. §486. The insanity of the agent would render him unfit to act in the
business of the agency, and would determine his authority.
13. - 5th. The death of the agent puts an end to the agency. Litt. §66.
14. - 6th. The extinction of the subject-matter of the agency, or of the
principal's power over it, or the complete execution of the trust confided to
the agent, will put an end to and determine the agency.
15. It must be remembered that an authority, coupled with an interest, cannot
be revoked either by the acts of the principal, or by operation of law. 2
Mason's R. 244, 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2 Esp. R. 565; 10 B. &
Cr. 731; Story Ag. §477, 483.
16. It is true in general, a power ceases with the life of the person making
it; but if the interest or estate passes with the power, and vests in the person
by whom the power is exercised, such person acts in his own name. The es-tate
being in him, passes from him by a conveyance in his own name. He is no longer a
substitute acting in the name of another, but is the principal acting in his own
name in pursuance of powers which limit the estate. The legal reason which
limits the power to the life of the person giving it exists no long-er, and the
rule ceases with the reason on which it is founded. 8 Wheat. R. 174.
17. The revocation of the agent is a revocation of any substitute he may have
appointed. Poth. Mandat, n. 112; 2 Liverm. Ag. 307; Story, Ag. §469. But in some
cases, as in the case of the master of a ship, his death does not revoke the
power of the mate whom he had appointed; and in some cases of public
appointments, on the death or removal of the principal officer, the depu-ties
appointed by him are, by express provisions in the laws, autho rized to continue
in the performance of their duties.
18. The time when the revocation takes effect must be considered, first, with
regard to the agent, and secondly, as it affects third persons. 1. When the
revocation can be lawfully made, it takes effect, as to the agent, from the
moment it is communicated to him. 2. As to third persons, the revocation has no
effect until it is made known to them; if, therefore, an agent, knowing of the
revocation of his authority, deal with a third pers6n in the name of his late
principal, when such person was ignorant of the revocation, both the agent and
the principal will be bound by his acts. Story, Ag. §470; 2 Liverm. Ag. 306; 2
Kent, Com. 644, 3d edit.; Paley, Ag. by Lloyd, 108, 570; Story, Bailm. §208; 5
T. R. 215. A note or bill signed, accepted or indorsed by a clerk, after his
discharge, who had been authorized to sign, indorse, or accept bills and notes
for his principal while in his employ, will be binding upon the latter, unless
notice has been given of his discharge and the revocation of his authority. 3
Chit. Com. Law, 197.
REVOCATOR. Recalled. This word is used when a judgment is annulled for
an error in fact, the judgment is then said to be recalled, revocatur; and not
reversed, which is the word used when a judgment is annulled for an error in
law. Tidd's Pr. 1126.
REVOLT, crim. law. The act of congress of April 30, 1790, s. 8, 1
Story's L. U. S. 84, punishes with death any seaman who shall lay violent hands
upon his commander, thereby to hinder or prevent his fighting in defence of his
ship, or goods committed to his trust, or shall make a revolt in the ship. What
is a revolt is not defined in the act of congress nor by the common law; it was
therefore contended, that it could not be deemed an offence for which any person
could be punished. 1 Pet. R. 118.
2. In a case which occurred in the circuit court for the eastern district of
Pennsylvania, the defendants were charged with an endeavour to make a revolt.
The judges sent up the case to the supreme court upon a certificate of division
of opinion of the judges; as to the definition of the word revolt. 4 W. C. C. R.
528. The opinion of the supreme court was delivered by Washington, J., and is in
these words "This case comes before the court upon a certificate of division of
the opinion of the judges of the circuit court for the eastern district of
Pennsylvania, upon the following point assigned by the defendants as a reason in
arrest of judgment, viz. that the act of congress does not define the offence of
endeavoring to make a revolt; and it is not competent to the court to give a
judicial definition of an offence heretofore unknown. "This court is of opinion
that although the act of congress does not define this offence, it is
nevertheless, competent to the court to give a judicial definition of it. We
think that the offence consists in the endeavor of the crew of a vessel, or any
one or more of them, to overthrow the legitimate authority of her commander,
with intent to remove him from his command; or against his will to take
possession of the vessel by assuming the government and navigation of her; or by
transferring their obedience from the lawful commander to some other person." 11
Wheat. R. 417. Vide 4 W. C. C. R. 528, 405; Mason's R. 147 4 Mason, R. 105; 4
Wash. C. C. R. 548 1 Pet. C. C. R. 213; 5 Mason, R. 464; 1 Sumn. 448; 3 Wash. C.
C. R. 525; 1 Carr. & Kirw. 429.
3. According to Wolff, revolt and rebellion are nearly synonymous; he says it
is the state of citizens who unjustly take up arms against the prince or
government. Wolff, Dr. de la Nat. 1232.
REWARD. An offer of recompense given by authority of law for the
performance of some act for the public good; which, when the act has been
performed, is to be paid; or it is the recompense actually paid.
2. A reward may be offered by the government or by a private person. In
criminal prosecutions, a person may be a competent witness although he expects,
on conviction of the prisoner, to receive a reward. 1 Leach, 314, n 9 Barn.
& Cresw. 556;S. C. Eng. C. L. R. 441; 1 Leach, 134; 1 Hayw. Rep. 3 1 Root,
R. 249; Stark. Ev. pt. 4, p. 772, 3; Roscoe's Cr. Ev. 104; 1 Chit. Cr. Law, 881;
Hawk. B. 2, c. 12, s. 21 to 38; 4 Bl. Com. 294; Burn's Just. Felony, iv. See 6
3. By the common law, informers, who are entitled under penal statutes to
part of the penalty, are not in general competent witnesses. But when a stat-ute
can receive no execution, unless a party interested be a witness, then it seems
proper to admit him, for the statute must not be rendered ineffectual for want
of proof. Gilb. 114. In many acts of the legislature there is a provision that
the informer shall be a witness, notwithstanding the reward. 1 Phil. Ev. 92,