Page:Black's Law Dictionary (Second Edition).djvu/1010

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RECTORIAL TITHES 1002 REDDERE  

RECTORIAL TITHES. Great or predial tithes.

RECTORY. An entire parish church, with all its rights, glebes, tithes, and other profits whatsoes er; otherwise commonly call- el a “benefice." See Gihson v. Isrockway, 8 N. H. 470, 31 Am. Dec. 200; Pnwlet v. Clark, 9 Oranch, 326, 3 L. Ed. 735.

A rector's manse, or parsonage house. Speiman.

RECTUM. Lat. Right; also a trial or accnsition. Bract.; Oowell. —Eeetnm ease. To be right in court.—Rectum rogers. To ask for right: to petition the judge to do right.—RectIun, stare ad. To stand trial or abide by the sentence of the

0 court.

RECTUS IN CURIA. Lat. Right in court. The condition of one who stands at the bar, against whom no one objects nny offense. When a person outlawed has revers-

ed his outlawry, so that he can have the benefit of the law, he is said to be “rectua in curia." Jacob.

RECUPERATIO.}} Lat. In old English Law. itecoiery; restitution by the sentence of a Judge of a thing that has been wrong- fnily taken or detained Go. Litt. 15441.

Recnpex-ntio, i. e., mi rem, per‘ injuri- nm extortam sive detentum, per sententinm judinis restflntio. Co. Lltt. 154:1. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully extorted or detained.

Reuuperatio est alicnjnn rel in can- Iem, alter-ins nddnctre per judicem ae- quiuitin. Co. Litt. 1540. Recovery is the acquisition by sentence of a judge of any- thing brought into the cause of another.

RECUPERATORES. [11 Roman law. A species of judges first appointed to decide controversies between Roman citizens and strangers concerning rights requiring speedy remedy, but whose jurisdiction was gradual. ly extended to questions which might be brought before ordinary judges. Mackeld. Rom. Law. § 204.

Remxrtendum est ad extraordinarhun quando :|:|.on valet ordinariuln. We must have recourse to what is extraordinary, when what is ordinary fails.

RECUSANTS. In English law. Persons who willfully absent themselves from their parish church, and on whom penalties were imposed by various statutes passed during the reigns of Elizabeth and James I. Wharton.

Those persons who separate from the church established by law. Tcrmes de la Ley. The term was practically restricted to Roman Catholics.

RECUSATIO TESTIS. Lat. In the civil law. Rejection of a vsltuess, on the ground of incompetency. Best, Ev. Introii 60, § 60.

RECUSATION. In the civil law. A species of exception or plea to the jurisdiction, to the effect that the particular judge is disqualified from hearing the cause by reason of lnterat or prejudice. Poth Proc Clvlie, pt. 1, c. 2, § 5.

The challenge of jurors. Code Prac. Ln. arts. 499, 500. An act, of what nature so- ever it may he, by which a strange heir, by deeds or words, declares he will not be hrlr. Dig. 29, 2, 95.

RED, RAED, or REDE. cou.nse1.

Sax. Advice:

RED BOOK OF THE EXCHEQUER. An ancient record, wherein are registered the holders of lands per baronimn in the time of Henry II., the number of hides of land in certain counties before the Conquest and the ceremonies on the coronation of Eleanor, wife of Henry III. Jacob; Cowell.

RED-JIANDED. crime fresh on him.

With the marks or

RED TAPE. In a derivative sense. order carried to fastidious excess; system run out into trivial extremes. Webster v. Thomp- son, 55 Ga. 434.

REDDENIIO SINGULA SINGULIS. Lat. By referring each to each; referring each phrase or expression to its appropriste object. A ride of construction.

REDDENDUM. bat. in conveyancing. Rendering; yielding The technical name of that clause in a conveyance by which the grantor creates or reserves some new thing to himself, out of what he had before manted; as “rcndenfng therefor yearly the sum of ten shillings, or a pepper-corn," etc. That clause in a lease in nhich a rent is reserved to the lessor, and which commences with the word "1/ie1dw'n.g." 2 Bl. Comm. 299.

REDDENS CAUSAM SCIENTIE. Lat Giving the reason of his knowledge

In Scotch practice. A formal phrase used in depositionfl, preceding the statement of the reason of the witness’ knowledge. 2 How. State Tr. 715.

Reddere, nil alind est qnaan nceeptnm restituere; sen, 1-eddere est quasi retro dare, et 1-edditnr dicltnr e redenndo, quiz retro it. Co. Litt 142. To render is nothing more than to restore that which has been received; or, to render is as it were to give back, and it is called “rendering" from "returning,“ be<ause it goes back

again.