The Cyclopedic Law Dictionary

A covenant connected with a conveyance of realty, whereby an obligation to pass something real is created, or which is so connected with the realty that he who has the latter is en

Landed property, Including all 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.

One who enholds himself out to the public in that character and capacity.

All eyidence of which things (or persons regarded as things) is the source; evidence arising from physical indications or appearances. Thus, the production of a dead body is real e

In the civil law. An Injury arising from an unlawful act, as distinguished from a verbal injury, which was done by words. Halifax, Civ. Law, bk. 2, c. 15, notes 3, 4.

In foreign l^w. That quality of laws which concerns property or things (quae ad rem spectant). Story, Confl. Laws, § 16. See "Personalty."

At Common Law. A popular term used to denote such parts of the system of common law as concern or relate to real property. In Civil Law. A law which^relates to specific property, w

A kingdom; a country. 1 Taunt. 270; 4 Campb. 289; Rose, 387.

Practice statutes frequently require that actions be brought in the name of the "real party in interest." As so used, the term means the person having the real beneficial interest

Something which may be held by tenure, or will pass to the heir of the possessor at his death, instead of his executor, including lands, tenements, and hereditaments, whether the l

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

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

Security consisting of a lien on realty.

Praedlal servitude (g. v.).

In the civil law. Statutes which have property for their principal object, and do not speak of persons, except in relation to property. Story, Confl. Laws, § 13.

or THINGS REAL. In common law. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place; as lands and tenements. 2 Bl. Comm. 15. Things substa

A term sometimes used as a collective noun for real property or estate, — more generally to imply that that of which it is spoken is of the nature or character of real property or

In Scotch law, an enfeoffment of one tenement given in security of another.

In old English law. An injury to the freehold.

This term signifies such an act as the law requires. When an act is unnecessary, a party will not be required to perform it as a reasonable act. 9 Price, 43; Yelv. 44; Piatt, Gov.

The ordinary or customary aids were so termed. See "Aids."

A term sometimes used to express the cause which will justify the institution of a criminal prosecution. It does not appear to differ in meaning from "probable cause," which is the

To establish a fact to a reasonable certainty requires that degree of proof of certainty which the jurors would be willing to act upon in their own grave and important concerns; th

"The term 'reasonable doubt' is almost incapable of any definition which will add much to what the words themselves imply." Mitchell, J., in 38 Minn. 439. The most commonly quoted

The term is entirely relative and dependent on circumstances. "Quam longum debet esse rationabile tern,' pus non definitur in lege, sed pendet ex discretione justiciariorum." Co. L

The adverb reasonably, whatever it may originally have meant, as now used, qualifies the condition of things as well as the conduct of persons. One of its definitions is, "in a mod

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. Grig. 35.

In mercantile law. Discount; the abatement of interest in consequence of prompt payment; the repayment of a part on compliance with some condition.

A citizen or subject who unjustly and unlawfully takes up arms against the constituted authorities of the nation, to deprive them of the supreme power, either by resisting their la

In criminal law. The taking up arms traitorously against the government; the forcible opposition and resistance to the laws and process lawfully issued. If the rebellion amount to

COMMISSION OF. In old English practice. A writ issuing out of chancery to compel the defendant to appear.

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 inclosure of a

To repel or bar. The action of the heir by the warranty of his ancestor is called "rebut" or "repel." REBUS SIC STANTIBUS (Lat.) At this point of affairs; in the condition of thing

To contradict; to do away. Thus, every homicide is presumed to be murder unless the contrary appears from evidence which proves the death; and this presumption it lies on the defen

In pleading. The defendant's third pleading, being his answer to the surrejoinder.

That evidence which is given by a party in the cause to explain, repel, counteract, or disprove facts given in evidence on the other side. The term "rebutting evidence" is more par

To reverse a judgment on a matter of fact. The judgment is then said to be recalled or revoked; and when it is reversed for an error of law, it is said simply to be reversed, quod

The act of a person who has been deprived of the custody of another, to which he is legally entitled, by which he peaceably regains the custody of such person; or of the owner of p

The recovery from the enemy, by a friendly force, of a prize by him captured.

POTIus quam injuriae et delicta maneant impunita. Positive rules of law will be receded from rather than crimes and wrongs should remain unpunished. Bac. Max. reg. 12; Broom, Leg.

In Massachusetts. A name given to the person who, on a trustee proforthcoming on demand, or in time to respond the judgment, when the execution shall be issued; upon which the good

One who receives money to the use of another to render an account. Story, Eq. Jur. § 446. A person standing indifferent between the parties, who is appointed by the court to take t

An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton. RECEIVERS AND TRIERS OF PETItlons. The mode of r

Certificates of indebtedness issued by a receiver, as surety for money borrowed, to carry on the receivership. They are usually made a first lien on the property. See 117 U. S. 434

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 offense of receiving stolen goods, knowing them to have been stolen. (95 N. C. 626; 6 Cox, C. C. 353), and at common law it must have been received from the thief (13 Ired. [N.

A regrant; the act of a returning the title of a country to a government which formerly held it, by one which has it at the time; as, the recession of Louisiana, which took place b

or RECETTOUR (Law Fr.) In old English law. A receiver or harborer of a felon; an accessary after the fact. Britt. c. 24; One who received and concealed a returned outlaw. Id. c. 12

In French law. The state of an individual who commits a crime or misdemeanor, after having once been condemned for a crime or misdemeanor; a relapse. Many statutes provide that, fo

In civil law. One by which the parties enter into mutual engagements. They are divided into perfect and imperfect. When they are perfectly reciprocal, the obligation of each of the

Mutuality; state, quality, or character of that which is reciprocal.

The repetition of some former writing, or the statement of something which has been done. It is useful to explain matters of fact which are necessary to make the transaction intell

To demand again; to Insist upon a right, as, when a defendant for a consideration received from the plaintiff has covenanted to do an act, and fails to do it, the plaintiff may bri

In Scotch law. A petition for review of an interlocutor, pronounced in a sheriff's or other inferior court. It recites verbatim the interlocutor, and, after a written argument, end

Adoption; ratification (g. V.) An acknowledgment that something which has been done by one man in the name of another was done by authority of the latter. A recognition by the prin

In English law. The name by which th^ jurors impaneled on an assize are known. 17 Serg. & R. (Pa.) 174.

An obligation of record, entered into before a court or officer duly authorized for that purpose, with a condition to do some act required by law, which is therein specified. 2 Bl.

To try; to examine In order to determine the truth of a matter. 3 Bl. Comm. Append. No. III. § 4; Bracton, 179. To enter into a recognizance.

He for whose use a recognizance has been taken.

He who enters into a recognizance.

In French law. The reading and re-examination by a witness of a deposition, and his persistence in the same, or his making such alteration as his better recollection may enable him

A commendatory account given by a person of another to a third person. In Feudal Law. A transfer of allodial lands by the owner to the king, and the

Advisory. "Precatory" is the more usual term.

In Scotch law. An allegation by the plaintiff of compensation on his part, made in answer to a compensation or set-off pleaded by the defendant in answer to the plaintiff's demand.

A reward for seryices; remuneration for goods or other properly. In maritime law, there is a distinction between "recompense" and "restitution." When goods have been lost by jettis

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

This word 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 manner, whereunt

— In the Civil Law. A species of cross nature of set-off, by which any matter connected with or incident to the subject of the main action may be asserted. See 11 La. 309; 5 Tex. 5

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

Record, in its broadest sense, is a written memorial, public or private, of what has been said or done. It is ordinarily applied to public records only, in which sense it is a writ

CONVEYANCES BY. Extraordinary assurances; as private acts of parliament, and royal grants.

COURTS OF. Those whose judicial acts and proceedings are enrolled in are and supereminent authority that their truth is not to be called in question. Every court of record has auth

DEBTS OF. Those which appear to be due by the evidence of a court of record; such as a judgment, repognizance, etc. 2 Broom & H. Comm. 665.

TRIAL BY. See "Trial." RECORDA SUNT VESTIGIA VETUSTAtis et veritatis. Records are vestiges of antiquity and truth. 2 Ro Ue, 296.

A writ in vogue in North Carolina to bring up the proceedings of a justice of the peace into a court of record. It is an adoption of the English vrrit, Recordari facias loquelam (q

A judicial officer of some cities, possessing generally the powers and authority of a judge. 3 Yeates (Pa.) 300; 4 Dall. (Pa.) 299. But see 1 Const. (S. C.) 45. The recorder in New

In English law. A transcript from the issue roll. It contains a copy of the pleadings and issue. Steph. PI. 105.

or RECOUP (from Law Fr. reeouper, to cut again, or to cut out and keep back). To diminish a claim for damages by cutting out or keeping back a part. Cowell interprets it, "to defal

See "Without Recourse." ■RECOUSSE (Pr.) In French law. Recapture. Emerig. Tr. 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, assumes the name of "recoverer."

The restoration of a former right, by the solemn judgment of a court of justice. 3 Murph. (N. C.) 169. A common recovery is a judgment obtained in a fictitious suit, brought agains

In the law of divorce. The defense that the plaintiff has been guilty of such a matrimonial offense as is a ground for divorce. At common law only an offense of the same nature as

Right or justice; legal dues; tribute or payment. Cowell. RECTO (Lat.) Right. Breve de recto, writ of right.

A writ which lay at common law where a man had right of advowson of a church, and, the parson dying, a stranger had presented. Fitzh. Nat. Brev. 30. RECTO DE CUSTODIA TERRAE ET hae

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 land in fee simple. Fitzh. Nat. Brev. 9. R

In ecclesiastical law. One who RECTOR PROVINCIAE (Lat.) In the Roman law. The governor of a province. Code, 1. 40.

In English law. Corporeal real property, consisting of a church, glebe lands, and tithes. 1 Chit. Prac. 163. RECTUM (Lat.) Right; also a trial or accusation. Bracton; Cowell.

An abolished writ on disclaimer.

STARE AD. To stand trial or abide by the sentence of the court. RECTUS IN CURIA (Lat. right in court). The condition of one who stands at the bar, against whom no one objects any o

To be right in court.

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

I. e., AD REM, PER IN- Juriam extortam sive detentam, pep sententiam judicis restitutio. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully extorted or detai

In English law. A person who refuses to make the declarations against Catholicism, and promotes, encourages or professes the Catholic religion.

In civil law. A plea or exception by which the defendant requires that the judge having jurisdiction of the cause should abstain from' deciding, upon the ground of interest, or for

In the civil law.

An ancient record, wherein are registered the holders of lands per ba/roniam in the time of Henry III., the number of hides of land in certain counties before the Conquest, and the

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. St. Tr. 715.