Page:Black's Law Dictionary (Second Edition).djvu/1005

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RECLAIM 997 RECOLEMENT  

consequences, or which, though foreseeiag such consequences, persists in spite of such knowledge See Railroad Co. v. Bodemer. 1.19 ill. 596, 29 N. E. (W2. 32 Am. St. Rep. ' Com. v. Pierce, 138 Mass. 165, 52 Am 264: Railway Co. v. Whipple, 39 Kan. 5.ii, 13 File. 730; Eddy v. Powell, 49 Fed GIT. 1 C. C. A. 448; Harrison v. State. 37 Alli. 156.

RECLAIM. To claim or demand back; to ask for the return or restoration of a thing; to insist upon oue’s right to recover that which was one's own, but was parted mm conditionally or mistakenly: as. to re- uiunn goods which were obtained from one unrlcr false pretenses.

In feudal law, it was used of the action of a lord pursuing, prosecuting, and recalling bis vussal, who had gone to live in an- oiher place, without his permission.

In international law, it denotes the demnnriing of a thing or person to be delivered up or surrendered to the government or state to which either properly belongs, when, by an irregular menus, it has come into the possession of another. Wharton.

In the law of property. Spoken of animals. to reduce from a wild to a tame or do- mastic state; to tame them. In an analoguns sense, to reclaim land is to reduce marshy or swump land to a tate fit for cui- fivation and habitation.

In Scotch law. To appeal. The reclaiming days in Scotland are the days allowed to a party dissatisfied with the judgment of the lord ordinary to appeal therefrom to the inner house: and the petition of appeal is called the reclaiming “bill," "note," or “petition." Mozley 8; Whitley; Bell.

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

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

RECLAMATION DISTRICT. A subdi- vision of a state created by legislative authority, for the purpose of reclaiming swamp. marshy, or desert lands within its bounda- ii--< nud renderin-: them fit for habitation or cultivation, generally with funds raised by loL-.il taxation or the issue of bonds, and sometimes with authority to make rules or ordinancw for the regulation of the work in hand.

RECLUSION. In French law and in Louisiana. incarceration as a punishment for crime: a temporary, afflictive, and in- famous punishment, consisting in being confined at hard labor in a penal institution, and carrying civil degradation. See Phelps v. Reluach. 38 La. Ann. 551; .'iur_gens v. Il:t- man, 47 La Ann. 367, 16 South. 952.

RECOGNITION. Ratification; confirmation, an acknowledgment that something done by another person in one's name had one‘s authority.

An iuquh'y conducted by a chosen body oi’ men, not sitting as part of the court. into the facts in dispute in a case at law; these “recogn1tors“ preceded the jurymen of modern Limes, nnd reported their recognition or verdict to the court. Stim. Law Gloss.

RECOGNITIONE ADNULLANDA PER VIM ET DURITIEM FACTA. A writ to the justices of the common bench for sending a record touching a recognizance, which the recognizer suggests was acknowledged by force and duress; that if it so appear the recognizance may be annulled. iteg. Orig. 183.

RECOGNITORS. 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 recognizance. being thus another form of recognizer.

RECOGNIZANCE. 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 court, to keep the peace. to pay a debt, or the like. It resembles a bond, but differs from it in being an acknowledgment of a former debt upon record. 2 Bl. Comm. 341. See U. S. v. Insiey (C. C.) 49 Fed. 773: State v. Walker. 56 N. H. 178: Crawford v. Vinton. 102 Mich. 83, 62 N. W. 988: State v. Grant. 10 Min. 48 (Gil. '_':£); Lowley v. Vose, 27 Me. 179: Com. v. Emery. 2 Bin. (Pa.) 43].

In criminal law, a person who has been found guilty of an offense may. in certain cases, he required to enter into a recogni- zance by which be binds himself to keep the peace for a certain period. Sweet.

In the practice of several of the states, a recognizance is a species of bnii-bond or security. given by the prisoner either on being bound over for trial or on his taking an appeal.

RECOGNIZE. To try; to exnmine in order to determine the truth of a matter. Also to enter into a recognisance.

RECOGNIZED. He to whom one is bound in a recognizance.

RECOGNIZOR. He who enters into a recognizance.

RECOLEMIENT. In French law. This is the process by which a witness, who has