RIGHT OF DISCUSSION, Scottish law. The right which the cautioner (surety) has to insist that the creditor1 shall do his best to compel the performance of the contract by the principal debtor2, before he shall be called upon. 1 Bell's Com. 347, 5th ed. Vide 8 Serg. & Rawle, 116; 15 Serg. & Rawle, 29, 30 and the articles Surety. Suretyship.
RIGHT OF DIVISION, Scottish law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right, the other cautioners must be solvent3, and there must be no words in the bond to exclude it. 1 Bell's Com. 347, 5th ed.
RIGHT OF HABITATION. By this term, in Louisiana, is understood the right of dwelling4 gratuitously5 in a house, the property of another. Civ. Code, art. 623; 3 Toull. ch. 2, p. 325; 14 Toull. n. 279, p. 330; Poth. h. t., n. 22-25.
RIGHT OF RELIEF, Scottish law. The right which the cautioner (surety) has against the principal debtor when he has been forced to pay his debt. 1 Bell's Com. 347, 5th ed.
RIGHT PATENT. The name of an ancient writ6, which Fitzherbert says, "ought to be brought of lands and tenements7, and not of an advowson, or of common, and lieth only of an estate of fee simple, and not for him who has a lesser8 estate, as tenant9 in tail, tenant in frank marriage, or tenant for life." F. N. B. 1.
RIGHT, WRIT OF. Breve de recto. Vide Writ of light.
RING DROPPING, crim. law. This phrase is applied10 in England to a trick frequently practised in committing larcenies11. It is difficult to define it; it will be sufficiently12 exemplified by the following cases. The prisoner, with some accomplices13, being in company with the prosecutor14, pretended to find a valuable ring wrapped up in a paper, appearing to be a jeweller's receipt for "a rich brilliant diamond ring." They offered to leave the ring with the prosecutor, if he would deposit some money and his watch as a security. The prosecutor having accordingly laid down his watch and money on a table, was beckoned15 out of the room by one of the confederates, while the others took away his watch and money. This was held to amount to a larceny16. 1 Leach17, 238; 2 East, P. C. 678. In another case under similar circumstances, the prisoner procured18 from the prosecutor twenty guineas, promising19 to return them the next morning, and leaving the false jewel with him. Thiswas also held to be larceny. 1 Leach, 314; 2 East, P. C. 679. In these cases the prosecutor had no intention of parting with the property in the money or goods stolen. It was taken, in the first case while the transaction was proceeding20, without his knowledge; and, in the last, under the promise that it should be returned. Vide 2 Leach, 640.
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