repetition

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repetition

in Scots law the claim for payment of a sum of money the same as that which has been paid to the defender by the pursuer on the basis that it was not due, principal instances being where the purpose of the payment has failed or a debt was paid which was not due.

REPETITION, construction of wills. A repetition takes place when the same testator, by the same testamentary instrument, gives to the same legatee legacies of equal amount and of the same kind; in such case the latter is considered a repetition of the former, and the legatee is entitled to one only. For example, a testator gives to a legatee "œ30 a year during his life;" and in another part of the will he gives to the same legatee "an annuity of œ3O for his life payable quarterly," he is entitled to only one annuity of thirty pounds a year. 4 Ves. 79, 90; 1 Bro. C. C. 30, note.

REPETITION, civil law. The act by which a person demands and seeks to recover what he has paid by mistake, or delivered on a condition which has not been performed. Dig. 12, 4, 5. The name of an action which lies to recover the payment which has been made by mistake, when nothing was due.
     2. Repetition is never admitted in relation to natural obligations which have been voluntarily acquitted, if the debtor had capacity to give his consent. 6 Toull. n. 386. The same rule obtains in our law. A person who has voluntarily acquitted a natural or even a moral obligation, cannot recover back the money by an action for money had and received, or any other form of action. D. & R. N. P. C. 254; 2 T. R. 763; 7 T. R. 269; 4 Ad. & Ell. 858; 1 P. & D. 253; 2 L. R. 431; Cowp. 290; 3 B. & P. 249, note; 2 East, R. 506; 3 Taunt. R. 311; 5 Taunt. R. 36; Yelv. 41, b, note; 3 Pick. R. 207; 13 John. It. 259.
     3. In order to entitle the payer to recover back money paid by mistake it must have been paid by him to a person to whom he did not owe it, for otherwise he cannot recover it back, the creditor having in such case the just right to retain the money. Repetitio nulla est ab eo qui suum recepit.
     4. How far money paid under a mistake of law is liable to repetition, has been discussed by civilians, and opinions on this subject are divided. 2 Poth. Ob. by Evans, 369, 408 to 487; 1 Story, Eq. Pl. Sec. 111, note 2.

REPETITION, Scotch law. The act of reading over a witness deposition, in order that he may adhere to it, or correct it at his choice. The same as Recolement, (q.v.) in the French law. 2 Benth. on Ev. B. 3, c. 12, p. 239.

References in classic literature ?
Mr Quilp was certainly entertaining himself with vocal exercise, but it was rather a kind of chant than a song; being a monotonous repetition of one sentence in a very rapid manner, with a long stress upon the last word, which he swelled into a dismal roar.
But the manager succeeded in persuading him to recall the encore, and said the company would feel sufficiently rewarded and complimented in the mere fact that the encore was desired by his Majesty, without fatiguing him with a repetition to gratify their own vanity.
The livelong day he sat in his loom, his ear filled with its monotony, his eyes bent close down on the slow growth of sameness in the brownish web, his muscles moving with such even repetition that their pause seemed almost as much a constraint as the holding of his breath.
You will find no tedium of repetition in all their poetry, no thin vein of thought beaten out over endless pages.
Be not alarmed, madam, on receiving this letter, by the apprehension of its containing any repetition of those sentiments or renewal of those offers which were last night so disgusting to you.
The two natives interchanged glances of peculiar meaning with one another at this, and manifested no little surprise; but on the repetition of the question after some consultation together, to the great joy of Toby, they answered in the affirmative.
The Beaver had counted with scrupulous care, Attending to every word: But it fairly lost heart, and outgrabe in despair, When the third repetition occurred.
The parts of a judge in hearing, are four: to direct the evidence; to moderate length, repetition, or impertinency of speech; to recapitulate, select, and collate the material points, of that which hath been said; and to give the rule or sentence.
There was a repetition, in large letters, like the hammering of conscience on a murderer's heart: Why not?
Prince Andrew repeated, but Pierre, giving him no time to reply, took the repetition for a denial, the more readily as he knew Prince Andrew's former atheistic convictions.
In tense silence they listened for a repetition of the sound and then De Montfort cried out:
Dag Daughtry strolled along the beach, Michael at his heels or running circles of delight around him at every repetition of that strange low lip-noise, and paused just outside the circle of lantern light where dusky forms laboured with landing cargo from the whale-boats and where the Commissioner's clerk and the Makambo's super-cargo still wrangled over the bill of lading.