英文法律词典 R-72

RETAINER, practice. The act of a client, by which he engages an attorney or counsellor to manage a cause, either by prosecuting³ it, when he is plaintiff, or defending it, when he is defendant⁴.

2. "The effect of a retainer to prosecute⁵ or defend a suit," says Professor Greenleaf; Ev. vol. ii. §141; "is to confer on the attorney all the powers exercised by the forms and usages of the courts, in which the suit is pending⁶. He may receive payment; may bring a second suit after being non-suited in the first for want of formal proof; may sue a writ⁷ of error on the judgment⁸; may discontinue the suit; may restore an action after a non pros²; may claim an appeal and bind⁹ his client in his name for the prosecution¹⁰ of it; way submit the suit to arbitration¹¹; may sue out an alias¹² execution; may receive livery of seisin of land taken by an extent may waive¹³ objections to evidence, and enter into stipulation¹⁴ for the admission of facts or conduct of the trial and for release of bail¹⁵; may waive the right of appeal, review, notice, and the like, and confess judgment. But he has no authority to execute a discharge of a debtor¹⁶ but upon the actual payment of the full amount of the debt, and that in money only; nor to release sureties; nor to enter a retraxit; nor to act for the legal representatives of his deceased client; nor to release a witness."

RETAINING FEE. A fee given to counsel on being consulted in order to insure his future services.

RETAKING. The taking one's goods, wife, child, &c., from another, who with-out right has taken possession thereof. Vide Recaption; Rescue.

RETALIATION¹⁷. The act by which a nation or individual treats another in the same manner that the latter has treated them. For example, if a nation should lay a veryheavy tariff¹⁸ on American goods, the United States would be justified¹⁹ in return in laying heavy duties on the manufactures and productions of such country. Vatt. Dr. des Gens, liv. 2, c. 18, §341. Vide Lex talionis.

RETENTION²⁰, Scottish law. The right which the possessor of a movable has, of holding the same until he shall be satisfied for his claim either against such movable or the owner of it; a lien¹.

2. The right of retention is of two kinds, namely, special or general. 1. Special retention is the right of withholding²² or retaining property of goods which are in one's possession under a contract, till indemnified for the labor²³ or money expended²⁴ on them. 2. General retention is the right to withhold²¹ or detain the property of another, in respect of any debt which happens to be due by the proprietor²⁵ to the person who has the custody²⁶; or for a general balance of accounts arising on a particular train of employment. 2 Bell's Com. 90, 91, 5th ed. Vide Lien.