RETORNO HABENDO. The name of a writ¹ issued to compel a party to return property which has been adjudged to the other in an action of replevin. Vide Writ pro² retorno habendo.

RETORSION, war. The name of the act employed by a government to impose the same hard treatment on the citizens or subjects of a state, that the latter has used towards the citizens or subjects of the former, for the purpose of obtaining the removal of obnoxious³ measures. Vattel, liv. 2, c. 18, §341; De Martens, Precis, liv. 8, c. 2, §254; Kluber, Droit dos Gens, s. 2 c. 1, §234; Mann. Comm. 105.

2. Retorsion signifies also the act by which an individual returns to his adversary⁴ evil for evil; as, if Peter call Paul thief, and Paul says you are a greater thief.

TO RETRACT⁵. To withdraw a proposition or offer before it has been accepted.

2. This the party making it has a right to do is long as it has not been accepted; for no principle of law or equity⁶ can, under these circumstances, require him to persevere⁷ in it.

3. The retraction⁸ may be express, as when notice is given that the offer is withdrawn⁹; or, tacit as by the death of the offering party, or his inability to complete the contract; for then the consent of one of the parties has been destroyed, before the other has acquired any existence; there can therefore be no agreement. 16 Toull. 55.

4. After pleading guilty, a defendant¹⁰ will, in certain cases where he has entered that plea by mistake or in consequence of some error, be allowed to retract it. But where a prisoner pleaded guilty to a charge of larceny¹¹, and sentence has been passed upon him, he will not be allowed to retract his plea, and plead not guilty. 9 C. & P. 346; S. C. 38 E. C. L. R. 146; Dig. 12, 4, 5.

RETRAXIT, practice. The act by which a plaintiff withdraws his. suit; it is so called from the fact that this was the principal word used when the law entries were in Latin.

2. A retraxit differs from a nonsuit, the former being the act of the plain-tiff himself, for it cannot even be entered by attorney; 8 Co. 58; 3 Salk.245; 8 P. S. R. 157, 163; and it must be after declaration filed; 3 Leon. 47; 8 P. S. R. 163; while the latter occurs in consequence of the neglect merely of the plaintiff. A retraxit also differs from a nolle prosequi. (q. v.) The effect of a retraxit is a bar to all actions of a like or a similar nature; Bac. Ab. Nonsuit, A; a nolle prosequi is not a bar even in a criminal prosecution¹². 2 Mass. R. 172. Vide 2 Sell. Pr. 338; Bac. Abr. Nonsuit; Com. Dig. Pleader, X 2. Vide article Judgment¹³ of retraxit.