Page:Black's Law Dictionary (Second Edition).djvu/1006

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RECOMMENDATION

998

RECORD  

fiien his deposition, reads the same over and scrutlnizes it, w1t.h a view to atiirming his satisfaction with it as it stands, or to making such changes in it as his better recollection may suggest to him as necessary to the truth. This is necessary to the validity of the deposition. See Poth. Proc. Criin. § 4. art. 4.

RECOMMENDATION. In feudal law. A method of converting ailodlal land into feudal property. The owner of the aliod surrendered it to the king or a lord. doing homage, and received it hack as a benefice or fend. to hold to himself and such of his heirs as he had previously nominated to the superior.

The act of one person in giving to another

a favorable account of the character, rs spoiisiiiiiity, or skill of a third. —Letter of recommendation. A writing

whereby one person certifies concerning another that he is of good character, solvent, possessed of commercial Credit. skilled in his trade or pro- fession, or otlieiwise worthy of trust, aid, or employ nicnt. It may he addressed to im individ- ual or to whom it may concern, and is designed to aid the person commended in ohlzaining cred- it, eniploynieut. etc. See McDonald v. Illinois

Cent. R. Co._ 187 Ill. 520. 58 N. E. 463; Lori! V. Goddard, 13 How. 198, 14 L. Ed. 111. RECOIVIIVIENDATORY. Precatory. fid-

visory, or directory. Recornniendatory 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 certain course he pursued or disposition made.

RECOMPENSATION. In Scotland, where a party sues for a debt, and the defendant pleads compensation, i. e., set-off. the plaintiff may uilege a compensation on his part: and this is called I. "recompensation." Bell.

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

RECOMPENSE OR RECOVERY IN VALUE. That part of the judgment in a “common recovery" by which the tenant is declared entitled to recover lands of equal vniiie with those which were warranted to him and lost by the default of the vouchee. See 2 Bl. Comm. 358-359.

RECONCILIATION. The renewal of amicable relations between two persons who had been at enmity or variance; usually implying torgiiciiess of injuries on one or both sides. It is sometimes used in the law of divorce as a term synonymous or analogous to "colldoni1tion."

RECONDUCTION. In the Civil law. A rei L'\\Il1g of a former lease-, relocation. Dig. 19, 2. 13. 11; Code Nap. zirts. 1737-17-.10.

RECONSTRUCTION. The name com- monly given to the process of reorganizing, by acts of congress and executive action ti: governments of the states which had passed ordinances of secession, and of re-estaiilisii ing their constitutional relations to the im- tionai government, restoring their repr V tation in congress, and effecting the nest sary changes in their internal government after the close of the civil war. See Blacg. Const Law (3d Ed.) 45; Texas v. White. 7 Wall. ‘700. 19 L. Ed. 227.

RECONTINUANCE seems to be used to signify that a person has recovered iii] icnorporeai heredjtament of which he had been wrongfully deprived. Thus, “A. is disseised of a niannor, whereunto a.n advoiviifl is appendant, an estranger [z'. c., neither A. not the dlsseisor] usiirpes to the advoiisim; ii’ the dlsscisee [A.] enter into the mannix, the {li'l'i0\’tS(Ii'i is recuntinued again. ivlikii was severed by the usurpation 0 ' ° And so note a (livcrsitie between a recoutinuance and a remitter; for a relultter Ml- not he properly. uiilesse there he tirn iiilet but a recontinuance may be where there is but one." Co. Litt. 3631:; Sweet.

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

RECONVENTION. In the civil law. An action by a defendant against a piiiintlti in a former action: a cross-bill or litigation

The term is used in practice in the states of Louisiana and Texas. derived from the rec0m:<1iti'o of the civil law. Reconieiitiiin is not identical with set-off, but more extensive. See Pacific Exp. Co. v. Malin, 132 U. S. 531, 10 Sup. Ct. 166, 33 L. Ed. 450; Sulieridiie v. Adams, 47 La. Ann. 68, 16 South. (552; Gimbei v. Gomprecht. S9 Tex 497. 35 S. W. 470.

RECONVERSION. That inmfinnry process by which a prior constriutlve conversion is annulled, and the converted property restored in contemplation of law to its orig- inal state.

RECONVEYANCE takes place where A mortgage debt is paid off, and the mort- gaged property is convcyed again to the mort- gagor or his representatives free from the mortgage debt. Sweet.

RECOPILACION DE INDIAS. A collection of Spanish colonial law, promulgated A. D. 1680. See Schm. Civil Law. introd. 94.

RECORD, 1:. To register or enroll; to Write out on parchment or paper, or in a book, for the purpose of preservation and perpetual memorial; to transcribe a domiment, or enter the history of an act or series of acts, in an official volume, for the purpose of giving notice of the same, of furnishing authentic evidence, and for preservation. Sea

Gady v. Purser. 131 Cal. 552, 63 Pat: 84-1. 82