Page:Black's Law Dictionary (Second Edition).djvu/1003

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REBUTTING EVIDENCE 995 RECEIVING STOLEN GOODS  


the part of the defendant. Steph. P1. 59; husband in certain cases. Litt. § 668; Go. 8 Bl. Comm. 810. Litt. 352b,

REBUTTING EVIDENCE. See EVIDENCE.

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

RECALL A JUDGMENT. To revoke. uncel. 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"

RECAPTION. A retaking, or taking back. A species of remedy by the mere act of the party injured, (otherwise termed “re prisai.") which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant. In this case, the owner of the goods, and the husband, parsuit, or master may lawfully claim and retake them, wherever he happens to End them, so it be not in a riotous manner, or attended with a breach of the peace. 3 Inst. 134; 3 Bl. Comm. 4; 3 Steph. Comm. 358; Prigg v. Pennsylvania, 16 Pet. 612, 10 L. Ed. 1060.

It also signifies the taking a second distress of one formerly distralned during the plea grounded on the former distress.

Also a writ to recover damages for him whose goods, being dlstrnined for rent in service. etc., are distrained again for the same cause, pending the plea in the county court, or before the justice Fitzh. Nat. Brev. 71.

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

Raceditnr a plneitls juris, patina qusan injnria: et delicta maneant impunita. Positive rules of law [as distinguished from marims or conclusions of reason] will he receded from. [given up or dispensed with,] rather than that crimes and wrongs should remain unpunlshed. Bac. Max. 55, reg. 12.

RECEIPT. A receipt is the written ac- iinowied,-;-ment of the receipt of money, or a thing of value, without containing any at- flrmative obligation upon either party to it; a mere admission of a fact, in writing. Krntz v. Craig. 53 Ind. 574.

A receipt may be defined to be such a written acnowledgement by one pl'lSnI] of his having received money from another as will be prirmz facie evidence of that fact in a court of law. Kegg v. State, 10 Ohio. 75.

Also the act or transaction of accepting or taking anything delivered.

In old practice. Admission of a party to defend a suit, as of a wife on default of the

RECEIPTOR. A name given in some 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 conditioned to have the property forthcoming when demanded or wheu execution issues. Story, Bniim. § 134.

RECEIVER. A receiver is an indifferent person between the parties appointed by the court to collect and receive the rents. issues, and profits of land, or the produce or personal estate, or other things which it does not seem reasonable to the court that either party should do; or where a party is incompetent to do so, as in the case of an infant. The remedy of the appointment of a recelier is one of the very oldest in the court of chacnery, and is founded on the inadequacy of the remedy to be obtained in the court or ordinary jurisdiction. Blsp. Eq. § 576. See Hay v. McDaniel, 26 Ind. App. 083, 60 N. E. 729; Hale v. Hardon, 95 Fed. 773. 37 0. C. A. 240: Wiswsll v. Kunz, 173 Ill. 110. 50 N. E. 184: State v. Gamhs. 68 M0. 297: Nevitt v. Woodhurn. 190 Ill. 233. 60 N. E. 500, Kennedy v. Railroad Co. (C. C.) 3 Fed. 103.

One who receives money to the use of an- other to render an uccount. Story, Eu. J ur 5 446.

In criminal law. One who receives stol- en goods from thieves, and conceals them. Cowell. This was always the prevalent sense of the word in the common as well as the civil law.

—R.eoeiver general of the drnchy of Lacnaster. An officer of the dnciiy court, who coi- iects all the revenues. fines, forfeiturcs, and assessments within the duch_v.—Receivex- gener- al of the public revenue. In English law. An officer appointed in every county to receive the taxes granted by parliament, and remit the money to the treasury.—Receiver of fines. An English officer who receives the money from persons who compound with the crown on original writs sued out of Ci‘|fll1(’Ei'y. Wharton.— Receivers and triers of petitions. The mode of receiving and trying petitions to parlia- ment was formerly judicial rather than legislative, and the tricrs were committees of preiatcs. peers, and judges, and. latterly, of the members generally. Brnwn.—Receiver’s certificate. 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. Beach, Rec. § 3'i'9.—Reeeivern of wreck. 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: to receive and take possession of all articles washed on shore from the vessel; to use force for the suppression of plunder and disorder; to institute an examination on oath with respect to the vessel; and, if necessary, to sell the vessel, cargo, or wreck. Sweet.

RECEIVING STOLEN GOODS. The

short name usually given to the offense of