Black's Law Dictionary

Lat. In the matter of; in the case of. A term of frequent use in designating Judicial proceedings, in which there is only one party. Thus, "Re Vivian" signifies "In the matter of V

In the middle temple, those persons were so called who were appointed to deliver lectures or "readings" at certain periods during term. The clerks in holy orders who read prayers a

In English ecclesiastical law. The title of a person admitted to a rectory or other benefice will be divested unless within two months after actual possession he publicly read in t

Where a deafforest-ed forest is again made a forest. 20 Car. II. c. 3.

In common law. Relating to land, as distinguished from personal property. This term is applied to lands, tenements, and hereditaments. In the civil law. Relating to a thing, (wheth

At the common law. One brought for the specific recovery 'of lands, tenements, or hereditaments. Steph. PI. 3; Crocker v. Black, 16 Mass. 448; Hall v. Decker, 48 Me. 256; Doe v. Wa

Lands or real estate in the hands of an heir, chargeable with the payment of the debts of the ancestor. 2 Bl. Comm. 244, 302.

In Scotch law. Where a right to lands is expressly granted under the burden of a specific sum, which is declared a burden on the lands themselves, or where the right is declared nu

Such as concern, or savor of, the realty, such as leasehold estates ; interests issuing out of, or annexed to, real estate; such chattel interests as devolve after the manner of're

L. Fr. In old English law. The royal way; the king's highway, (regia via.)

Landed property, including ali estates and interests in lands which are held for life or for some greater estate, and whether such lands be of freehold or copyhold tenure. Wharton.

Any person 'whose business it is to sell, or offer for sale, real estate for others, or to rent houses, stores, or other buildings, or real estate, or to collect rent for others. A

Evidence furnished by things themselves, on view or inspection, as distinguished from a description of them by the mouth of a witness; e. g., the physical appearance of a person wh

In the civil law. An injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words. Hallifax, Civil Law, hi 2, c. 15, nn. 3, 4. —Real things,

In foreign law. That quality of laws which concerns property or things, (quæ ad rem spectant.) Story, Confl. Laws, § 16.

To convert any kind of property into money; but especially to receive the returns from an investment. See Bitti ner v. Gomprecht, 28 Misc. Rep. 218, 58 N Y. Supp. 1011.

At common law. The body of laws relating to real property. This use of the term is popular rather than technical. In the civil law. A law which relates to specific property, whethe

A kingdom; a country. 1 Taunt. 270 ; 4 Camp. 289.

In the civil law and in Louisiana. An obligation attached to immovable property, that is, real estate. Oiv. Code La. 1900, art. 2010.

In statutes requiring snits to be brought in the name of the "real party in interest," this term means the person who is actually and substantially interested in the subject-matter

In English law. A privilege granted to, or concerning, a particular place or locality.

A general term for lands, tenements, and hereditaments ; property which, on the death of the owner intestate, passes to his heir. Real property is either corporeal or incorporeal.

He who represents or stands in the place of another, with respect to his real property, is so termed, in contradistinction to him who stands in the place of another, with regard to

In Scotch law. That which entitles him who is vested with it to possess the subject as his own, and, if in the possession of another, to demand from him its actual possession. Real

The security of mortgages or other liens or incumbrances upon land. See Merrill v. National Bank, 173 U. S. 131 , 19 Sup, Ct. 360, 43 In Ed. 640.

In the civil law. Statutes which have principally for their object property, and which do not speak of persons, except in relation to property. Story, Co.nfl. Laws, § 13; Saul v. H

A brief term for reni property ; also for anything which partakes of the nature of real property. —Quasi realty. Things which are fixed in contemplation of law to realty, but movab

An infeoffment of one tenement given in security of another.

In old English law. An injury to the freehold.

A person who, in certain cases, is appointed to make a revalua tion or second appraisement of imported goods at the custom-house.

A faculty of the mind by which it distinguishes truth from falsehood, good from evil, and which enables the possessor to deduco inferences from facts or from propositions. Webster.

Agreeable to reason; just; proper. Ordinary or usual. —Reasonable act. Such as may fairly, justly, and reasonably be required of a party. —Reasonable and probable canse. Such groun

Such as may fairly, justly, and reasonably be required of a party.

A duty claimed by the lord of the fee of his tenants, holding by knight service, to marry his daughter, etc. Cowell.

Such grounds as justify any one in suspecting another of a crime, and giving him in custody thereon. It la a defense to an action for false imprisonment.

Under the common-law rule that murder is taking the life of a "reasonable creature" under the king's peace, with malice aforethought, the phrase means a human being, and has no ref

A fair, proper, and due degree of care and activity, measured with reference to the particular circumstances; such diligence, care, or attention as might be expected from a man of

Snch notice or information of a fact as may fairly and properly be expected or required in the particular circumstances. Sterling Mfg. Co. v. Hough, 49 Neb. 618, 68 N. W. 1019; Mal

In old English law. That share of a man's goods which the law gave to his wife and children after his decease. 2 Bl. Comm. 492. As to reasonable "Allis," "Care," "Diligence," "Doub

Such skill as is ordinarily possessed and exercised by persons of common capacity, engaged in the same business or employment. Mechanics' Bank v. Merchants' Bank, 6 Mete. (Mass.) 2

Such length of time as may fairly, properly, and reasonably be allowed or required, having regard to the nature of the act or duty, or of the subject-matter, and to the attending c

This is where an insurer procures the whole or a part of the sum which he has insured (i. e., contracted to pay in case of loss, death, etc.) to be insured again to him by another

A second attachment of him who was formerly attached, and dismissed the court without day, by the not coming of the Justices or some such casualty. Reg. Orig. 35.

Discount; reducing the interest of money in consideration of prompt payment. Aiso a deduction from a stipulated premium on a policy of insurance, in pursuance of an antecedent cont

The name of rebels is given to nil subjects who unjustly take up arms against the ruler of the society, [or the lawful and constitutional government,] whether their view be to depr

Deliberate, organized resistance, by force and arms, to the laws or operations of the government, committed by a subject. See Hubbard v. Hamden Exp. Ch, 10 R. I. 247; State v. McDo

In equity practice. A process of contempt issued on the non-appearance of a defendant.

In English law. A gathering of twelve persons or more, intending, going about or practicing unlawfully and of their own authority to change any laws of the realm; or to destroy the

To repel or bar. The action of the heir by the warranty of his an-costor is called "to rebut or repeL" 2 Co. Litt 247.

Lat. At this point of affairs; in these circumstances.

In pleading and evidence. To rebut is to defeat or take away the effect of something. Thus, when a plaintiff in an action produces evidence which raises a presumption of the defend

To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that

In the law of evidence. A presumption which may be rebutted by evidence. Otherwise calied a "disputable" presumption. A species of legal presumption which holds good until disprove

The introduction of rebutting evidenco; the stage of a trial at which such evidence may be introduced; also the rebutting evidence itself. Lux v. Haggin, 69 Cal. 255, 10 Pac. 674.

In pleading. A defendant's answer of fact to a plaintiff's surrejoinder; the third pleading in the series on the part of the defendant. Steph. PI. 59; 3 Bl. Comm. 310.

Evidence given to explain, repel, counteract, or disprove facts given in evidence by the adverse party. Davis v. Hamblin, 5l Md. 539; Railway Co. v. Wales, 5 OC. D. 170; People v.

In international law. To summon a diplomatic minister back to his home court, at the same time depriving him of his office and functions.

To revoke, cancel, vacate or reverse a judgment for matters of fact; when it is annulled by reason of errors of law, it is said to be "reversed."

A reinking or inking back. A species of remedy by the mere act of the party injured, (otherwise termed "reprisal,") which happens when any one has deprived another of his property

The taking from an enemy, by a friendly force, a vessel previously taken for prise by such enemy.

Positive rules ot law [as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] rather than that crimes and wrongs should remain u

A receipt is the written acknowledgment of the receipt of money or a thing of value, without containing any affirmative obligation upon either party to it; a mere admission of a fa

A name given in seme of the states to a person who receives from the sheriff goods which the latter has seized under process of garnishment, on giving to the sheriff a bond conditi

A receiver is an indifferent person between the parties appointed by the court to collect and receive the rente, lasues, and profits of land or the produce of personal estate or ot

An officer of the duchy court, who collects all the revenues, fines, forfeifures, and assessments within the duchy.

In English law. An officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury.

An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton.

The mode of receiving and trying petitions to parliament was formerly judicial rather than legislative, and the triers were committees of prelates, peers, and judges, and, latterly

A non-negotiable evidence of debt, or debenture, issued by authority of a court of chancery, as a first lien upon the property of a debtor corporation in the hands of a receiver. B

Persons appointed by the English board of trade. The duties of a receiver of wreck are to take steps for the preservation of any vessel stranded or in distress within his district;

The short name usually given to the offense of receiving any property with the knowledge that it has bsen feloniously or unlawfully stolen, taken, extorted, obtained, embezzled, or

In old English law. Fresh suit; fresh pursuit. Pursuit of a thief immediately after the discovery of the robbery. 1 BL Comm. 297.

In French law. A receipt setting forth the extent of the interest subscribed by a member of a mutual insurance company. Arg. Fr. Merc. Law, 571.

Lat In the civll law. The name sometimes given to an arbitrator, because he had been received or chosen to settle the differences betwcen the parties. Dig. 4, 8; Cod. 2, 56.

In the practice of the courts, a recess is a short interval or period of time during which the court suspends business, but without adjourning. See In re Gannon, 69 Cal. 541, 11 Pa

The act of ceding bsck; the restoration of the title and dominion of a territory, by the government which now holds it, to the government from which it was obtained by cession or o

Lat. In old English law. A going back; reliction or retreat of the sea.

Gee, Right; justice; equity; the whole body of law; unwritten law; law; also a right. There is much ambiguity in the use of this term, an ambiguity which it shares with the French

In French law. The state of an individual who commits a crime or misdemeanor, after having onco been condemned for a crime or misdemeanor; a relapse. Dalloz.

A contract, the parties to which enter into mutual engagements. A mutual or bilateral contract.

Wills made by two or more persons in which they make reciprocal testamentary provisions in favor of each other, whether they unite in one will or each executes a separate one. In r

Mutuality. The term ls used in international law to denote the relation existing bstween two states when each of them gives the subjects of the other certain privileges, on cenditi

The formal statement or setting forth of some matter of fact, in any deed or writing, in order to explain the reasons upon which the transaction Is founded. The recitals are situat

To state in a written instrument facts connected with its Inception or reasons for its being made. Also to quote or set forth the words or the contents of some other instrument or

Rashness; heedlessness; wanton conduct The state of mind accompanying an act, which either pays no regard to its probably or possibly injurious consequences, or which, though fores

To claim or demand back; to ask for the return or restoration of a thing; to insist upon one's right to recover that which was one's own, but was parted with conditionally or mista

Those that are made tame by art, industry or education, whereby a qualified property may be acquired in them.

In Scotch law. A petition of appeal or review of a judgment of the lord ordinary or other inferior court. Bell.

A subdivision of a state created by legislative authority, for the purpose of reclaiming swamp, marshy or desert lands within its boundaries and rendering them fit for habitation o

In French law and in Louisiana. Incarceration as a punishment for crime; a temporary, afflictive, and Infamous punishment, consisting in being confined at hard labor in a penal ins

Ratification; confirmation ; an acknowledgment that somethin done by another person in one's name had one's authority. An inquiry conducted by a chosen body of men, not sitting as

A writ to the justices of the common bench for sending a record touching a recognisance, which the recognizor suggests was acknowledged by force and duress; that if it so appear th

In English law. ' The name by which the jurors impaneled on an assize are known. See Recognition. The word is sometimes met in modern books, as meaning the person who enters into a

An obligation of record, entered Into before some court of record or magistrate duly authorized, with condition to do some particular act; as to appear at the assizes or criminal c

To try; to examine in order to determine the truth of a matter. Also to enter into a recognizance.

He to whom one is bound in a recognizance.

He who enters into a recognizance.

In French law. This is the process by which a witness, who has given hls deposition, reads the same over and scrutinizes it, with a view to affirming his satisfaction with it as it

In feudal law. A method of converting allodlal land into feudal property. The owner of the allod surrendered it to the king or a lord, doing homage, and received it back as a benef

Precatory, advisory or directory. Recommendatory words in a will are such as do not express the testator's command in a peremptory form, but advise, counsel or suggest that a certa