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RESTITUTION

The return of something to the owner of it, or to the person entitled to it.

If a defendant in a criminal case is found, or pleads, guilty, the sentence will often include a provision for making restitution to the victims, usually in the form of money. For example, someone guilty of defrauding stock investors of, say $10,000, may be required to pay back that amount to the people defrauded. A number of jurisdictions have modified their sentencing laws to make such restitution mandatory in many circumstances.

After property has been taken into execution, and the judgment has been reversed or set aside, the party against whom the execution was sued out shall have restitution, and this is enforced by a writ of restitution. When the thing levied upon under an execution has not been sold, the thing itself shall be restored; when it has been sold, the price for which it is sold is to be restored.

The phrase restitution of conjugal rights frequently occurs in the ecclesiastical courts. A suit may there be brought for this purpose whenever either the hushand or wife is guilty of the injury of subtraction, or lives separate from the other without sufficient reason; by which the party injured may compel the other to return to cohabitation.

maritime law. The placing back or restoring articles which have been lost by jettison; this is done when the remainder of the cargo has been saved at the general charge of the owners of the cargo; but when the remainder of the goods are afterwards lost, there is not any restitution.

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