英文法律词典 R-93

RUNCINUS. A nag¹. 1 Tho. Co. Litt. 471.

RUNNING DAYS. In settling the lay days, (q. v.) or the days of demiurrage, (q. v.) the contract sometimes specifies² "running days;" by this exprression is, in general, understood, that the days shall be reckoned like the days in a bill of exchange 1 Bell's Comm. 577, 5th ed.

RUNNING OF THE STATUTE³ OF LIMITATIONS. A metaphorical⁴ expression, by which is meant that the time mentioned in the statute of limitations is considered as passing. 1 Bouv. Inst. n. 861.

RUNNING WITH THE LAND. A technical expression applied⁵ to covenants⁷ real, which affect the land; and if a lessee⁸ covenants that he and his assigns will repair the house demised⁹, or pay a ground-rent, and the lessee grants over the term, and the assignee does not repair the house or pay the ground-rent, an action lies against the assignee at common law, because this covenant⁶ runs with the land. Bro. Covenant, 32 Rolle's Ab. 522; Bac. Ab. Covenant, E 4.

2. The same principle which regulates the annexation¹⁰ of incorporeal¹¹ to corporeal¹² property, determines what covenants may be annexed¹³ to a tenure¹⁴. Those alone which tend directly, not merely through the intervention¹⁵ of collateral¹⁶ causes, to improve the estate, give stability to the tenant¹⁷'s title, assure him, from a defective¹⁸ one, or add to the lord's means on the one hand, the tenant's on the other, of enforcing the stipulations between them, are of this sort. Cro. Eliz. 617; Cro. Jac. 125; 2 H. Bl. 133 T. Jones, 144; Cro. Car. 137, 503.

3. Covenants running with the land pass with the tenure, though not made with assigns. The parties to them are not A and B, but the tenant and the landlord in those characters. When the landlord assigns the reversion, the assignee becomes lord in his room, fills the precise situation and character the assignor was clothed with, and is therefore entitled to the privileges annexed to that character. Whether the tenant is sued by the landlord or his assigns, be is sued by the same person, namely, his lord. The same argument, changing its terms, applies to the tenant's assignee. 5 Co. 24; Cro. Eliz. 552; 3 Mod. 538; 10 Mod. 152; 12 Mod. 371.

4. To make a covenant run with the land, it is not requisite¹⁹ that the cove-nantor should be possessed²⁰ of any estate; be may be an entire stranger to the land, but the covenantee must have some transferable interest in it, to which the covenant can attach itself, for otherwise the covenant is merely personal. Co. Litt. 385 a; 3 T. R. 393; 2 Sc. 630 2 Bing. N. S. 411. And to make the assignee liable, he must take the estate the covenantee had in the land, and no other, for when he takes another and a different estate in the same land, he cannot sue upon the covenants. 6 East, 289. Vide Breach²¹; Covenant.

5. A covenant running with the land passes to the heir at law, on the death of the ancestor, whether the heir be named in such covenant or not. 2 Lev. 92; 2 Saund. 367 a. Vide Covenant.

RUPEE, comm. law. A denomination²² of money in Bengal. In the computation of ad valorem duties, it is valued at fifty-five and one half cents. Act of March 2, 1799, s. 61; 1 Story's L. U. S. 627. Vide Foreign coins.

2. The rupee of British India as money of account at the custom-house, shall be deemed and taken to be of the value of forty-four and one half cents. Act of March 3, 1848.

RURAL. That which relates to the country, as rural servitudes. See Urban.

RUSE²³ DE GUERRE. Literally²⁴ a trick in war; a stratagem²⁵. It is said to be lawful²⁶ among belligerents²⁷, provided it does not involve treachery and falsehood. Grot. Droit de la Guerre, liv. 3, c. 1, §9.

RUTA, civ. law. The name given to those things which are extracted or taken from land, as sand, chalk, coal, and such other things. Poth. Pand. liv. 50, h. t.