Black's Law Dictionary

In Scotland, where a party sues for a debt, and the defendant pleads compensation, i. e., set-off, the plaintiff may allege a compensation on his part; and this is called a "recomp

A reward for services; remuneration for goods or other property.

That part of the judgment in a "common recovery" by which the tenant is declared entitled to recover lands of equal value with those which were warranted to him and lost by the def

The renewal of amicable relations between two persons who had been at enmity or variance; usually implying forgiveness of injuries on one or both sides. It la sometimes used in the

In the civll law. A renewing of a former lease; relocation. Dig. 19, 2, 13, 11; Code Nap. arts. 1737-1740.

The name communi y given to the process of reorganizing, by acts Of congress and executive action, the governments of the states which had passed ordinances of secession, and of re

Seems to be used to signify that a person has recovered an incorporeal hereditament of which he had been wrongfully deprived. Thus, "A. is disseised of a mannor, whereunto an advow

Lat In the canon and civil law. To make a cross-demand upon the actor or plaintiff. 4 Reeve, Eng. Law, 14, and note, (r.)

In the civil law. An action by a defendant against a plaintiff in a former action; a cross-bill or litigation. . The term is used in practice in the states of Louisiana and Texas,

That imaginary process by which a prior constructive conversion is annulled, and the converted property restored in contemplation of law to its original state.

Takes place where a mortgage debt is paid off, and the mortgaged property is conveyed again to the mortgagor or his representatives free from the mortgage debt. Sweet.

A collection of Spanish colonial law, promulgated A. D. 1680. See Schm. Civil Law, Introd. 94.

n. A written account of some act, transaction or instrument, drawn up, under authority of law, by a proper officer, and designed to remain as a memorial or permanent evidence of th

Four officers of the court of chancery were designated by this title, whose duty it was to file bills brought to them for that purpose. Business was distributed among them accordin

In American practice. A writ to bring up judgments of justices of the peace. Halcombe v. Loudermilk, 48 N. C. 491.

In English practice. A writ by which a suit or plaint in replevin may be removed from a county court to one of the courts of Westminster Hall. 3 Bl. Comm. 149; 3 Steph. PL 522, 666

Records are vestiges of antiquity and truth. 2 Rolie, 296.

In old English practice. An entry made upon a record, in order to prevent any alteration of it 1 Ld. Rayrn. 211 An order or allowance that the verdict returned on the nisi prim rol

The name of a board of commissioners appointed for the purpose of searching out, classifying, indexing, or publishing the public records of a state or county.

n. In old English law. A barrister or other person learned in the law, whom the mayor or other magistrate of any city or town corporate, having jurisdiction or a court of record wi

One of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. B

Statutes enacted in the several states relative to the official recording of deeds, mortgages, bllls of sale, chattel mortgages, etc., and the effect of such records as notice to c

In English law. An official copy or transcript of the proceedings in an action, entered on parchment and "sealed and passed," as it is termed, at the proper office; it serves as a

See Record.

In practice. Defalcation or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it. Tomlins. Recoupment is a right of th

To deduct, defalk, discount, set off or keep back; to withhold part of a demand.

The phrase "without recourse" is used in the form of making a qualified or restrictive indorsement of a bill or note. By these words the indorser signifies that, while he transfers

Fr. In French law. Recapture. Emerig. Trait6 des Assur. c. 12, § 23.

In old conveyancing. The party who suffered a common recovery.

The demandant in a common recovery, after judgment has been given in his favor.

In Its most extensive sense, a recovery is the restoration or vindication of a right existing in a person, by the formal judgment or decree of a competent court, at his instance an

Coward or craven. The word pronounced by a combatant in the trial by battel, when he acknowledged himself beaten. 3 BL Comm. 340.

A charge made by an accused person against the accuser; in particular a counter-charge of adultery or cruelty made by one charged with the same offense in a suit for divorce, again

A newly-enlisted soldier.

In old English law. The king's right to prisage or inking of one butt or pipe of wine before and another behind the mast, as a custom for every ship laden with wines. Cowell.

Rectification of instrument. In English law. To rectify is to correct or define something which is erroneous or doubtful. Thus, where the parties to an agreement have determined to

As used in the United States Internal revenue laws, this term is not confined to a person who runs spirits through charcoal, but is applied to any one who rectifies or purifies spi

Lat Right or justice; legal dues; tribute or payment. Cowell.

A writ of right, which was of so high a nature that as other writs in real actions were only to recover the possession of the land, etc., in question, this aimed to recover the sei

A writ which lay at common law, where a man had right of advowson of a chutch, and, the parson dying, a stranger had presented. Fitzh. Nat. Brev. 30.

A writ of right ot ward of the land and heir. Abolished.

A writ of right of dower, which lay for a widow who had received part of her dower, and demanded the residue, against the heir of the husband or his guardian. Abolished. See 23 & 2

A writ of right of dower whereof the widow had nothing, which lay where her deceased husband, having divers lands or tenements, had assured no dower to his wife, and she thereby wa

A writ of right, of the reasonable part, which lay between privies in blood; as brothers in gavelkind, sisters, and other coparceners, for laDd in fee-simple. Fitzh. Nat. Brev. 9.

A writ of right, when or because the lord had remitted his court, which lay where lands or tenements in the seignory of any lord were in demand by a writ of right Fitzh. Nat Brev.

In English law. He that haa full possession of a parochial church. A rector (or parson) has, for the most part, the whole right to all the ecclesiastical dues in his parish; while

Great or predial tithes.

Lat In Roman law. The governor of a province. Cod. 1, 40.

A rector of a parish who has not the cure of souls. 2 Steph. Comm. 683.

An entire parish church, with all its rights, glebes, tithes, and other profits whatsoever; otherwise commonly call-el a "benefice." See Gibsen v. Brockway, 8 N. H. 470, 31 Am. Dec

An abolished writ on disclaimer.

Lat Right; also a trial or accusation. Bract; Cowell. —Rectum esse. To be right in court.- —Rectum rogare. To ask for right; to petition the judge to do right. —Rectum, stare ad. T

To be right in court.-

To ask for right; to petition the judge to do right.

To stand trial or abide by the sentence of the court.

Lat. Right in court The condition of one who stands at the bar, against whom no one objects any offense. When a person outlawed has reversed his outlawry, so that he can have the b

I.e., ad rem, per injuriam extortam sive detentam, per sententiam judicis restitutio. Co. Litt. 154a. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully exto

Co. Hitt. 154a. Recovery is the acquisition by sentence of a judge of anything brought into the cause of another.

In Roman law. A species of Judges first appointed to decide controversies between Roman citizens and strangers concerning rights requiring speedy remedy, but whose jurisdiction was

We must have recourse to what is extraordinary, when what is ordinary falls.

Insanity which returns from time to time, hence equivalent to "lunacy" (see supra) in its common-law sense, as a mental disorder broken by lucid intervals. There is no presumption

In English law. Persons who wlllfully absent themselves from their parish church, and on whom penalties were imposed by various statutes passed during the reigns of Elizabeth and J

In the civll law. A species of exception or plea to the jurisdiction, to the effect that the particular judge is disqualified from hearing the cause by reason of interest or prejud

Lat In the civil law. Rejection of a witness, on the ground of incompetency. Best, Ev. Introd. 60, § 60.

An ancient record, wherein are registered the holders of lands per baroniam in the time of Henry II., the number of hides of land in certain counties before the Conquest, and the c

Lat. By referring each to each; referring each phrase or expression to its appropriate object. A rule of construction.

Lat. In conveyancing. Rendering; yielding. The technical name of that clause in a conveyance by which the grantor creates or reserves some new thing to himself, out of what he had

Lat Giving the reason of his knowledge. In Scotch practice. A formal phrase used in depositions, preceding the statement of the reason of the witness' knowledge. 2 How. State Tv. 7

Co. Litt. 142. To render is nothing more than to restore that which has been received; or, to render is as it were to give back, and it is called "rendering" from "returning," beca

Lat. He has rendered himself. In old English practice. A term applied to a principal who had rendered himself in discharge of his bail. Holthouse.

In old records. A rental, or rent-roll. Cowell.

In old records. A renter; a tenant. Cowell.

A surrenderingor restoring; also a judicial acknowledgment that the thing in demand belongs to the demandant, and not to the person surrendering Cowell.

To buy back. To liberate an estate or article from mortgage or pledge by paying the debt for which it stood as security. To repurchase in a literal sense; as, to redeem one's land

1. Subject to an obligation of redemption; embodying or conditioned upon, a promise or obligation of redemption; convertible into coin; as, a "redeemable currency." See U. S. v. No

Rights which return to the conveyor or disposer of land, etc., upon payment of the sum for which such rights are granted. Jacob.

A yielding sad delivering back of a thing. —Redelivery bond. A bond given to a sheriff or other officer, who has attached or levied on personal property, to obtain the release and

A bond given to a sheriff or other officer, who has attached or levied on personal property, to obtain the release and repossession of the property, conditioned to redeliver the pr

A regranting of land demised or leased.

A repurchase; a buying back. The act of a vendor of property in buying it back again from the purchaser at the same or an enhanced price. The right of redemption is an agreement or

See EQUITY OF Redemption.

In old English law. Heavy fines. Dlatinguished from misericordia, (which see.)

In English law. The payment by the landowner of such a lump sum as shall exempt his land from the land-tax. Mozley & Whitley. —Voluntary redemption, in Scotch law, is when a mortga

Lab In Roman law, a contract for the hiring or letting of services or for the performance of a certain work in consideration of the payment of a stipulated price. It is the same ce

Lat. Returning; in returning; while returning. 2 Strange, 985.

In old French and Canadian law. Dues payable by a tenant to hls lord, not necessarily in money.

With the marks of crime fresh on him.

Lat. In the civil law. To have again; to have back; to cause a seller to have again what he had before.

In the civll law. The avoidance of a sale on account of some vice or defect in the thing sold, which renders it either absolutely useless or its use so inconvenient and imperfect t

In the civil law. An action for redhibition. An action to avoid a sale on account of some vice or defect in the thing sold, which renders its use impossible or so inconvenient and

In the civil law. A defect in an article sold, for which the seller may be compelled to take it back; a defect against which the seller is bound to warrant Poth. Cont. Sale, no. 20

In old English law. A second disseisin of a person of the same tenements, and by the same disseisor, by whom he Was before disseised. 3 Bl. Comm. 188.

Lat A revenue or return; income or profit; specifically, rent. —Reditus albi. White rent; blanche farm; rent payable in silver or other money. —Reditus assisus. A set or standing r

White rent; blanche farm; rent payable in silver or other money.

A set or standing rent.

Chief rent paid by freeholders to go quit of all other services.

Black rent; black mail; rent payable in provisions, corn, labor, eta ; as distinguished from "money rent," called "reditus albi."

Quitrents, (q. vt)

Rent seek, (q. v.)

In feudal law. Men who, by the tenure or custom of their lands, were to ride with or for the lord of the manor, about his business. Domesday.