Page:Black's Law Dictionary (Second Edition).djvu/1009

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RECOVERY 1001 RECTOR SINECURE  

tinguish it from a "feigned" or ‘‘common’' recovery. See Common lLi:1LOVEil.Y.

—Final recovery. The finnl judgment in an n Uli. Also the final verdict in an acuon, as fat. H--lshed from the juil-,,ment entered upon L isk v. Gnu, 100 Mass. 193; Count .|--nines v. Pnugborn, 6 Allen (.\inss.) 243.


RECREANT. Coward or Cl‘il\‘£-311. The mid pluuuuiiced by a coluhutaut in the trial ix: battei, when he acknowledged himself heateii. 3 I51. Comm. 340.

RECRIMINATION. A charge made by an accused person against the accuser; in ]l:'Ll'i.iLI.lklI‘ a counter-charge of adultery or cruelty malls by one charged ‘with the same chime in a suit for divuice, against the person who has charged him or her. Wh..lrtuu

ltcuimiuutioa is a showing by the defend- ant of any cause of diyorce against the plum- tiii. in liar of the piaiiitiII s c.iuse of divorce. on Code CaL § 122. And see Duherstein v. Dulicislein, 171 ill. 133, 49 N. E. 316; Bohnn v. Bohun (Tex. Civ. App.) 56 S. W. 960.

RECRUI’1‘. A newly enlisted soldier.

RECTA PRISA ILEGIS. In old Eagilsh law. The king's right to prisage, or taking of one butt or pipe of wine before and au- otlier behind the mast, as a custom for every ship laden with wines. Cowell.

RECTEICATION Beatification oi 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 embody its terms in the appropriate and cocnlusive form, but the instrument meant to meet this purpose (e. g., a conveyance, set- lleuicnt, etc ), is, by mutual misinke, so fram- ed as not to express the real intention of the parties, an action may be brought in the chnncery division of the high court to hnre it rectified Sweet

Rectificntion of boundaries. An action to rectify or ascertain the boundaries of two rldjohuug pieces of land may be brought in the chancery division of the high court. Id.

Hectification of register. The rectification of a register is the process by which a person whose name is wrongly entered on (or omitted from) a register may compel the keeper of the register to remove (or enter) his name. Id.

RECTEIER. AS used in the United States internal revenue laws, tiils term is not confined to 8 person who runs spirits through charcoal, but is applied to any one who recti- fies or purifies spirits in any manner whatever, or who makes a mixture of spirits with anything else, and sells it under any mime. Quantity of Distilled Spirits, 3 Ben. 73, Fed. Cas. No. 11,494.

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

RECTO, BREVE DE. A Writ of right, which was of so high a nature that as other writs I11 real actions were only to recover the possession of the land. etc., in question, this aimed to recover the seisih and the property, and thereby both the rights of possession and property were tried together. Goweil.

R E C T 0 DE ADVOC-ATIONE EC- CLESIJE. A writ which lay at common law. where a man had right of advowson of a church, and, the parsou dying, a stranger had presented. Fitzh. Nat. Brew. 30.

RECTO DE CUSTODIA TERRA-1 ET 1-‘U1-:11]-SDIS. A writ of right of wurd of the land and heir. Alioiished.

RECTO DE DOTE. 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. Abolishe<L See 23 az, 24 Vict. 0- 126. 5 26.

RECTO DE DOTE UNDE NIHIL IEAB]-1'1‘. A writ of right of dower whereof the widow had nothing, which lay where her deceased husband, having divers lands or t/eiienlents. hnd assured no dower to his wife, and she thereby was driven to sue for her thirds against the heir or his guardian. Abolished.

RECTO DE RATIONABILI PABTE. A writ of right, of the reusoiiabie part, which lay between privies in blood; as iirutheis in gavelklnd, sisters, and other coparceners, for land in feesimpie. Fitzh Nat. Brev. 9.

RECTO QUANIIO (or QUIA) DOMI- NUS REMISIT CURIAM. A Writ of right, when or because the lord had remitted his court, which lay where lands or tenements in the scignory of nny lord were in demand by a writ of right. Fitzh. l\'at. Brev. 16.

RECTO SUE DISCLAIMER. ished writ on disclaimer.

An abol-

R]-JCTOR. In English law. He that has full possession of a parochial church. A rector (or pnrson) has, for the most part. the whole right to all the ecclesiastical dues in his parish ; while a 11i(-ar has an appropri- atur over him, entitled to the best purl; of the profits, to whom the vicar is, in effect, perpetual curate, with a standing salary. 1 Bl. Comm. 384, 388. See Bird v. St. Mark's Church, 62 Iowa. 567, 17 N. W. 747.

RECTOR PROVINCIE. Lat. In Roman law. The governor of a province. God. 1, 40.

REGTOR SINECURE. A rector of l. parish who has not the cure of souls 2

Steph. Comm. 683.