REVOCATOR. Recalled. This word is used when a judgment1 is annulled2 for an error in fact, the judgment is then said to be recalled, revocatur; and not reversed, which is the word used when a judgment is annulled for an error in law. Tidd's Pr. 1126.
REVOLT, crim. law. The act of congress of April 30, 1790, s. 8, 1 Story's L. U. S. 84, punishes with death any seaman3 who shall lay violent hands upon his commander, thereby4 to hinder or prevent his fighting in defence of his ship, or goods committed to his trust, or shall make a revolt in the ship. What is a revolt is not defined in the act of congress nor by the common law; it was therefore contended, that it could not be deemed an offence for which any person could be punished. 1 Pet. R. 118.
2. In a case which occurred in the circuit court for the eastern district of Pennsylvania, the defendants5 were charged with an endeavour to make a revolt. The judges sent up the case to the supreme6 court upon a certificate of pision of opinion of the judges; as to the definition of the word revolt. 4 W. C. C. R. 528. The opinion of the supreme court was delivered by Washington, J., and is in these words This case comes before the court upon a certificate of pision of the opinion of the judges of the circuit court for the eastern district of Pennsylvania, upon the following point assigned by the defendants as a reason in arrest of judgment, viz. that the act of congress does not define the offence of endeavoring to make a revolt; and it is not competent to the court to give a judicial7 definition of an offence heretofore unknown. This court is of opinion that although the act of congress does not define this offence, it is nevertheless, competent to the court to give a judicial definition of it. We think that the offence consists in the endeavor of the crew of a vessel8, or any one or more of them, to overthrow9 the legitimate10 authority of her commander, with intent to remove him from his command; or against his will to take possession of the vessel by assuming the government and navigation of her; or by transferring their obedience11 from the lawful12 commander to some other person. 11 Wheat. R. 417. Vide 4 W. C. C. R. 528, 405; Mason's R. 147 4 Mason, R. 105; 4 Wash. C. C. R. 548 1 Pet. C. C. R. 213; 5 Mason, R. 464; 1 Sumn. 448; 3 Wash. C. C. R. 525; 1 Carr. Kirw. 429.
3. According to Wolff, revolt and rebellion are nearly synonymous; he says it is the state of citizens who unjustly take up arms against the prince or government. Wolff, Dr. de la Nat. 1232.
REWARD. An offer of recompense given by authority of law for the performance of some act for the public good; which, when the act has been performed, is to be paid; or it is the recompense actually paid.
2. A reward may be offered by the government or by a private person. In criminal prosecutions13, a person may be a competent witness although he expects, on conviction of the prisoner, to receive a reward. 1 Leach14, 314, n 9 Barn. Cresw. 556;S. C. Eng. C. L. R. 441; 1 Leach, 134; 1 Hayw. Rep. 3 1 Root, R. 249; Stark15. Ev. pt. 4, p. 772, 3; Roscoe's Cr. Ev. 104; 1 Chit. Cr. Law, 881; Hawk16. B. 2, c. 12, s. 21 to 38; 4 Bl. Com. 294; Burn's Just. Felony, iv. See 6 Humph. 113.
3. By the common law, informers, who are entitled under penal17 statutes19 to part of the penalty, are not in general competent witnesses. But when a stat-ute can receive no execution, unless a party interested be a witness, then it seems proper to admit him, for the statute18 must not be rendered ineffectual for want of proof. Gilb. 114. In many acts of the legislature there is a provision that the informer shall be a witness, notwithstanding the reward. 1 Phil. Ev. 92, 99.
