RECORD, evidence. A written memorial made by a public officer
authorized by law to perform that function, and intended to serve as evidence of
something written, said, or done. 6 Call, 78; 1 Dana, 595.
2. Records may be divided into those which relate to the proceedings of
congress and the state legislatures - the courts of common law - the courts of
chancery - and those which are made so by statutory provisions.
3. - 1. Legislative acts. The acts of congress and of the several
legislatures are the highest kind of records. The printed journals of congress
have been so considered. 1 Whart. Dig. tit. Evidence, pl. 112 and see Dougl.
593; Cowp. 17.
4. - 2. The proceedings of the courts of common law are records. But every
minute made by a clerk of a court for his own future guidance in making up his
record, is not a record. 4 Wash. C. C. Rep. 698.
5. - 3. Proceedings in courts of chancery are said not to be, strictly
speaking, records; but they are so considered. Gresley on Ev. 101.
6. - 4. The legislatures of the several states have made the enrollment of
certain deeds and other documents necessary in order to perpetuate the memory of
the facts they contain, and declared that the copies thus made should have the
effect of records.
7. By the constitution of the United States, art. 4. s. 1, it is declared
that "full faith and credit shll be given, in each state, to the public acts,
records and judicial proceedings of every other state; and the congress may, by
general laws, prescribe the manner in which such acts, records and proceedings
shall be proved, and the effect thereof." In pursuance of this power, congress
have passed several acts directing the manner of authenticating public records,
which will be found under the article Authentication.
8. Numerous decisions have been made under these acts, some of which are here
referred to. 7 Cranch, 471; 3 Wheat. 234; 4 Cowen, 292; 1 N. H. Rep. 242; 1 Ohio
Reports, 264; 2 Verm. R. 263; 5 John. R. 37; 4 Conn. R. 380; 9 Mass 462; 10
Serg. & Rawle, 240; 1 Hall's N. York Rep. 155; 4 Dall. 412; 5 Serg. &
Rawle, 523; 1 Pet. S. C. Rep. 352. Vide, generally, 18 Vin. Ab. 17; 1 Phil. Ev.
288; Bac. Ab. Amendment, &c., H; 1 Kent, Com. 260; Archb. Civ. Pl. 395;
Gresley on Ev. 99; Stark. Ev. Index, h. t.; Dane's Ab. Index, h. t.; Co. Litt.
260; 10 Pick. R. 72; Bouv. Inst. Index, h. t.
TO RECORD, the act of making a record.
2. Sometimes questions arise as to when the act of recording is complete, as
in the following case. A deed of real estate was acknowledged before the
register of deeds and handed to him to be recorded, and at the same instant a
creditor of the grantor attached the real estate; in this case it was held the
act of recording was incomplete without a certificate of the acknowledgment, and
wanting that, the attaching creditor had the preference. 10 Pick. Rep. 72.
3. The fact of an instrument being recorded is held to operate as a
constructive notice upon all subsequent purchasers of any estate, legal or
equitable, in the same property. 1 John. Ch. R. 394.
4. But all conveyances and deeds which may be de facto recorded, are not to
be considered as giving notice; in order to have this effect the instruments
must be such as are authorized to be recorded, and the registry must have been
made in compliance with the law, otherwise the registry is to be treated as a
mere nullity, and it will not affect a subsequent purchaser or encumbrancer
unless he has such actual notice as would amount to a fraud. 2 Sell. & Lef.
68; 1 Sch. & Lef. 157; 4 Wheat. R. 466; 1 Binn. R. 40; 1 John. Ch. R. 300; 1
Story, Eq. Jur. §403, 404; 5 Greenl. 272.
RECORD OF NISI PRIUS, Eng. law. A transcript from the issue roll; it
contains a copy of the pleadings and issue. Steph. Pl. 105.
RECORDARI FACIAS LOQUELAM, English practice. A writ commanding the
sheriff, that he cause the plaint to be recorded which is in his county, without
writ, between the parties there named, of the cattle, goods, and chattels of the
complainant taken and unjustly distrained as it is said, and that he have the
said record before the court on a day therein named, and that he prefix the same
day to the parties, that then they may be there ready to proceed in the same
plaint, 2 Sell. Pr. 166. See Refalo.
RECORDATUR. An order or allowance that the verdict returned on the
nisi prius roll, be recorded. Bac. Ab. Arbitr. &c., D.
RECORDER. 1. A judicial officer of some cities, possessing generally
the powers and authority of a judge. 3 Yeates' R. 300; 4 Dall. Rep. 299; but see
1 Rep. Const. Ct. 45. Anciently, recorder signified to recite or testify on
re-collection as occasion might require what had previously passed in court, and
this was the duty of the judges, thence called recordeurs. Steph. Plead. note
11. 2. An officer appointed to make record or onrolment of deeds and other legal
instruments, authorized by law to be recorded.
TO RECOUPE. This word is derived from the French recouper, to cut
again. In law it signifies the right and the act of making a set-off,
defalcation, or discount, by the defendant, to the claim of the plaintiff. 21
Wend. It. 342. In another sense it signifies to recompense. 19 Ves. 123.
RECOVERER. The demandant in a common recovery, after judgment has been
given in his favor, assumes the name of recoverer.
RECOVERY. A recovery, in its most extensive sense, is the restoration
of a former right, by the solemn judgment of a Court of justice. 3 Murph.
2. A recovery is either true or actual, or it is feigned or common. A true
recovery, usually known by the name of recovery simply, is the procuring a
former right by the judgment of a court of competent jurisdiction; as, for
example, when judgment is given in favor of the plaintiff when he seeks to
recover a thing or a right.
3. A common recovery is a judgment obtained in a fictitious suit, brought
against the tenant of the freehold, in consequence of a default made by the
person who is last vouched to warranty in such suit. Bac. Tracts, 148.
4. Common recoveries are considered as mere forms of conveyance or common
assurances; although a common recovery is a fictitious suit, yet the same mode
of proceeding must be pursued, and all the forms strictly adhered to, which are
necessary to be observed in an adversary suit. The first thing therefore
necessary to be done in suffering a common recovery is, that the person who is
to be the demandant, and to whom the lands are to be adjudged, would sue out a
writ or praecipe against the tenant of the freehold; whence such tenant is
usually called the tenant to the praecipe. In obedience to this writ the tenant
appears in court either in person or by his attorney; but, instead of defending
the title to the land himself, he calls on some other person, who upon the
original purchase is supposed to have warranted the title, and prays that the
person may be called in to defend the title which he warranted, or otherwise to
give the tenant lands of equal value to those he shall lose by the defect of his
warranty. This is called the voucher vocatia, or calling to warranty. The person
thus called to warrant, who is usually called the vouchee, appears in court, is
impleaded, and enters into the warranty by which means he takes upon himself the
defence of the land. The defendant desires leave of the court to imparl, or
confer with the vouchee in private, which is granted of course. Soon after the
demand and returns into court, but the vouchee disappears or makes default, in
consequence of which it is presumed by the court, that he has no title to the
lands demanded in the writ, and therefore cannot defend them; whereupon judgment
is given for the demandant, now called the recoverer, to recover the lands in
question against the tenant, and for the tenant to recover against the vouchee,
lands of equal value in recom-pense for those so warranted by him, and now lost
by his default. This is called the recompense of recovery in value; but as it
is, customary for the crier of the court to act, who is hence called the common
vouchee, the tenant can only have a nominal, and not a real recompense, for the
land thus recovered against him by the demandant. A writ of habere facias is
then sued out, directed to the sheriff of the county in which the lands thus
recovered are situated; and, on the execution and return of the writ, the
recovery is completed. The recovery here described is with single voucher; but a
recovery may, and is frequently suffered with double, treble, or further
voucher, as the exigency of the case may require, in which case there are
several judgments against the several vouchees.
5. Common recoveries were invented by the ecclesiastics in order to evade the
statute of mortmain by which they were prohibited from purchasing or re-ceiving
under the pretence of a free gift, any land or tenements whatever. They have
been used in some states for the purpose of breaking the entail of estates.
Vide, generally, Cruise, Digest, tit. 36; 2 Saund. 42, n. 7; 4 Kent, Com. 487;
Pigot on Common Recoveries, passim.
6. All the learning in relation to common recoveries is nearly obsolete, as
they are out of use. Rey, a French writer, in hiswork, Des Institutions
Judicaire del'Angleterre, tom. ii. p. 221, points out what appears to him the
absurdity of a common recovery. As to common recoveries, see 9 S. & R . 330;
3 S. & R. 435; 1 Yeates, 244; 4 Yeates, 413; 1 Whart. 139, 151; 2 Rawle,
168; 2 Halst. 47; 5 Mass. 438; 6 Mass. 328; 8 Mass. 34; 3 Harr. & John. 292;
6 P. S. R. 45,
RECREANT. A Coward; a poltroon. 3 Bl. Com. 340.
RECRIMINATION, crim. law. An accusation made by a person accused
against his accuser, either of having committed the same offence, or
2. In general recrimination does not excuse the person accused, nor diminish
his punishment, because the guilt of another can never excuse him. But in
applications for divorce on the ground of adultery, if the party defendant, can
prove that the plaintiff or complainant has been guilty of the same offence, the
divorce will not be granted. 1 Hagg. C. Rep. 144; S. C. 4 Eccl. Rep. 360. The
laws of Pennsylvania contain a provision to the same effect. Vide 1 Hagg. Eccl.
R. 790; 3 Hagg. Eccl. R. 77; 1 Hagg. Cons. R . 147; 2 Hagg. Cons. R. 297; Shelf.
on Mar. and Div. 440; Dig. 24, 3, 39; Dig. 48, 5, 13, 5; 1 Addams, R. 411;
Compensation; Condonation; Divorce,
RECRUIT. A newly made soldier.
RECTO. Right. (q.v.) Brevederecto, writ of right. (q. v.)
RECTOR, Eccl. law. One who rules or governs a name given to certain
officers of the Roman church. Dict. Canonique, h. v.
RECTORY, Engl. law. Corporeal real property, consisting of a church,
glebe lands and tithes. 1 Chit. Pr. 163.
RECTUS IN CURIA. Right in court. One who stands at the bar, and no one
objects any offence, or prefers any charge against him.
2. When a person outlawed has reversed his outlawry, so that he can have the
benefit of the law, he is said to be rectus in curia. Jacob, L. D. h. t.
RECUPERATORES, Roman civil law. A species of judges originally
established, it is supposed, to decide controversies between Roman citizens and
strangers, concerning the right to the possession of property requiring speedy
remedy; but gradually extended to questions which might be brought before
ordinary judges. After this enlargement of their powers, the difference between
them and judges, it is supposed, was simply this: If the praetor named three
judges he called them recuperatores; if one, he called him judex. But opinions
on this subject are very various. (Colman De Romano judicio recuperatorio,)
Cicero's oration pro Coecin, 1, 3, was addressed to Recuperators.
RECUSANTS, or POPISH RECUSANTS, Engl. law. Persons who refuse to make
the declarations against popery, and such as promote, encourage, or profess the
2. These are by law liable to restraints, forfeitures and inconveniences,
which are imposed upon them by various acts of parliament. Happily in this
country no religious sect has the ascendency, and all persons are free to
profess what religion they conscientiously believe to be the right one.
RECUSATION, civ. law. A plea or exception by which the defendant
requires that the judge having jurisdiction of the cause, should abstain from
deciding upon the ground of interest, or for a legal objection to his
2. A recusation is not a plea to the jurisdiction of the court, but simply to
the person of the judge. It may, however, extend to all the judges, as when the
party has a suit against the whole court. Poth. Proced. Civ. 1ere part., ch. 2,
s. 5. It is a personal challenge of the judge for cause.
3. It is a maxim of every good system of law, that a man shall not be judge
in his own cause. 2 L. R. 390; 6 L. R. 134 Ayl. Parerg. 451; Dict. de Jur. h.
t.; Merl. Repert. h. t.; vide Jacob's Intr. to the Com. Civ. and Can. L. 11; 8
Co. 118 Dyer, 65. Dall. Diet. h. t.
4. By recusation is also understood the challenge of jurors. Code of Practice
of Louis. art. 499, 500. Recusation is also an act, of what nature soever it may
be, by which a strange heir, by deeds or words, declares he will not be heir.
Dig. 29, 2, 95. See, generally, 1 Hopk. Ch. R. 1; 5 Mart. Lo. R. 292; and
REDDENDO SINGULA SINGULIS, construction. By rendering each his own;
for example, when two descriptions of property are given together in one mass,
both the next of kin and the heir cannot take, unless in cases where a
construction can be made reddendo singula singulis, that the next of kin shall
take the personal estate aud the heir at law the real estate. 14 Ves. 490. Vide
11 East,, 513, n.; Bac. Ab. Conditions, L.
REDDENDUM, contracts. A word used substantively, and is that clause in
a deed by which the grantor reserves something new to himself out of that which
he granted before, and thus usually follows the tenendum, and is generally in
these words "yielding and paying."
2. In every good reddendum or reservation, these things must concur; namely,
1. It must be apt words. 2, It must be of some other thing issuing or coming out
of the thing granted, and not a part of the thing itself, nor of something
issuing out of another thing. 3. It must be of such thing on which the grantor
may resort to distrain 4. It must be made to one of the grantors and not to a
stranger to the deed. Vid 2 Bl. Com. 299; Co. Litt. 47; Touchs 80; Cruise, Dig.
tit. 32, c. 24, s. 1; Dane' Ab. Index, h. t.
REDEMPTION, contracts. The act of taking back by the seller from the
buyer a thing which had been sold subject to th right of repurchase.
2. The right of redemption then is an agreement by which the seller reserves
to himself the power of taking back the thing sold by returning the price paid
for it. As to the fund out of which a mortgaged estate is to be redeemed, see
Payment. Vide Equity of redemption.
REDEMPTIONES. Heavy fines, contradistinguished from misericordia. (q.
REDHIBITION, civil law, and in Louisiana. The avoidance of a sale on
account of some vice or defect in the thing sold, which renders it absolutely
useless, or its use so inconvenient and imperfect, that it must be supposed that
the buyer would not have purchased it, had he known of the vice. Civ. Code of
Lo. 2496. Redhibition is also the name of an action which the purchaser of a
defective movable thing may bring to cause the sale to be annulled, and to
recover the price he has paid for it. Vide Dig. 21, 1.
2. The rule of caveat emptor, (q. v.) in the common law, places a purchaser
in a different position from his situation under the like circumstances under
the civil law; unless there is an express warranty, he can seldom annul a sale
or recover damages on account of a defect in the thing sold. Chitty, Contr. 133,
et seq.; Sugd. Vend. 222 2 Kent, Com. 374; Co. Litt. 102, a; 2 B1. Com. 452;
Bac. Ab. Action on the case, E; 2 Com. Cont. 263.
REDIDIT SE, Eng. practice. He surrendered himself. This is endorsed on
the bail piece when a certificate has been made by the proper officer that the
defendant is in custody. Pr. Reg. 64; Com. Dig. Bail Q 4.
REDITUS ALBI. A rent payable in money; sometimes called white rent or,
blanche farm. Vide Alba firma.
REDITUS NIGRI. A rent payable in grain, work, and the like; It was
also called black mail. This name was given to it to distinguish it from reditus
albi, which was payable in money. Vide Alba firma.
RE-DRAFT, comm. law. A bill of exchange drawn at the place where
another bill was made payable, and where it was protested, upon the place where
the first bill was drawn, or when there is no regular commercial intercourse
rendering that practicable, then in the next best or most direct practicable
course. 1 Bell's Com. 406, 5th ed. Vide Reexchange.
REDRESS. The act of receiving satisfaction for an injury sustained.
For the mode of obtaining redress, vide Remedies 1 Chit. Pr. Annal. Table.
REDUBBERS, crim law. Those who bought stolen cloth, and dyed it of
another color to prevent its being identified, were anciently so called. 3 Inst.
REDUNDANCY. Matter introduced in an answer, or pleading, which is
foreign to the bill or articles.
2. In the case of Dysart v. Dysart, 3 Curt. Ecc. R. 543, in giving the
judgment of the court, Dr. Lushigton says: "It may not, perhaps, be easy to
define the meaning of this term [redundant]in a short sentence, but the true
meaning I take to be this: the respondent is not to insert in his answer any
matter foreign to the articles he is called upon to answer, although such matter
may be admissible in a plea; but he may, in his answer, plead matter by way of
explanation pertinent to the articles, even if such matter shall be solely in
his own knowledge and to such extent incapable of proof; or he may state matter
which can be substantiated by witnesses; but in this latter instance, if such
matter be introduced into the answer and not afterwards put in the plea or
proved, the court will give no weight or credence to such part of the
3. A material distinction is to be observed between redundancy in the
allegation and redundancy in the proof. In the former case, a variance between
the allegation and the proof will be fatal if the redundant allegations are
descriptive of that which is essential. But in the latter case, redundancy
cannot vitiate, because more is proved than is alleged, unless the matter
superfluously proved goes to contradict some essential part of the allegation. 1
Greenl. Ev. §67; 1 Stark. Ev. 401.
RE-ENTRY, estates. The resuming or retaking possession of land which
the-party lately had.
2. Ground rent deeds and leases frequently contain a clause authorizing the
landlord to reenter on the non-payment of rent, or the breach of some covenant,
when the estate is forfeited. Story, Eq. Jur. §1315; 1 Fonb. Eq. B. 1, c. 6, §4,
note h. Forfeitures for the non-payment of rent being the most common, will here
alone be considered. When such a forfeiture has taken place, the lessor or his
assigns have a right to repossess themselves of the demised premises.
3. Great niceties must be observed in making such reentry. Unless they have
been dispensed with by the agreement of the parties, several things are required
by law to be previously done by the landlord or reversioner to entitle him to
reenter. 3 Call, 424; 8 Watts, 51; 9 Watts, 258; 18 John. 450; 4 N. H. Rep. 254;
13 Wend. 524; 6 Halst. 270; 2 N. H. Rep. 164; 1 Saund. 287, n. 16.
4. - 1. There must be a demand of rent. Com. Dig. Rent, D 3 a 18 Vin. Ab.
482; Bac. Ab. Rent, H.
5. - 2. The demand must be of the precise rent due, for the demand of a penny
more or less will avoid the entry. Com. Dig. Rent, D 5. If a part of the rent be
paid, a reentry may be made for the part unpaid. Bac. Ab. Conditions, O 4; Co.
Litt. 203; Cro. Jac. 511.
6. - 3. It must be made precisely on the day when the rent is due and payable
by the lease, to save the forfeiture. 7 T. R. 117. As where the lease contains a
proviso that if the rent shall be behind and unpaid, for the space of thirty, or
any other number of days, it must be made on the thirtieth or last day. Com.
Dig. Rent, D 7; Bac. Abr. Rent, I.
7. - 4. It must be made a convenient time before sunset, that the money may
be counted and a receipt given, while there is light enough reasonably to do so
therefore proof of a demand in the afternoon of the last day, without showing in
what part of the afternoon it was made, and that it was towards sunset or late
in the afternoon, is not sufficient. Jackson v. Harrison, 17 Johns. 66; Com.
Dig. Rent, D 7; Bac. Abr. Rent, I.
8. - 5. It must be made upon the land, and at the most notorious place of it.
6 Bac. Abr. 31; 2 Roll. Abr. 428; see 16 Johns. 222. Therefore, if there be a
dwelling-house upon the laud, the demand must be made at the front door, though
it is not necessary to enter the house, notwithstanding the door be open; if
woodland be the subject of the lease, a demand ought to be made at the gate, or
some highway leading through the woods as the most notorious. Co. Litt. 202;
Com. Dig. Rent, D. 6.
9. - 6. Unless a place is appointed where the rent is payable, in which case
a demand must be made at such place; Com. Dig. Rent, D. 6; for the presumption
is the tenant was there to pay it. Bac. Abr. Rent, I.
10. - 7. A demand of the rent must be made in fact, although there should be
no person on the land ready to pay it. Bac. Ab. Rent, I.
11. - 8. If after these requisites have been performed by the lessor or
reversioner, the tenant neglects or refuses to pay the rent, and no sufficient
distress can be found on the premises, then the lessor or reversioner is to
reenter. 6 Serg. & Rawle, 151; 8 Watts, R. 51; 1 Saund. 287, n. 16. He
should then openly declare before the witnesses he may have provided for the
purpose, that for the want of a sufficient distress, and because of the
non-payment of the rent demanded, mentioning the amount, he reenters and
re-possesses himself of the premises.
12. A tender of the rent by the tenant to the lessor, made on the last day,
either on or off the premises, will save the forfeiture.
13. It follows as a necessary inference from what has been premised, that a
demand made before or after the last day which the lessee has to pay the rent,
in order to prevent the forfeiture, or off the land, will not be sufficient to
defeat the estate. 7 T. R. 11 7.
14. The forfeiture may be waived by the lessor, in the case of a lease for
years, by his acceptance of rent, accruing since the forfeiture, provided he
knew of the cause. 3 Rep. 64.
15. A reentry cannot be made for nonpayment of rent if there is any
distrainable property on the premises, which may be taken in satisfaction of the
rent, and every part of the premises must be searched. 2 Phil. Ev. 180.
16. The entry may be made by the lessor or reversioner himself, or by
attorney; Cro. Eliz. 601; 7 T. R. 117; the entry of one joint tenant or tenant
in common, enures to the benefit of the whole. Hob 120.
17. After the entry has been made, evidence of it ought to be
18. Courts of chancery will generally make the lessor account to the lessee
for the profits of the estate, during the time of his being in possession; and
will compel him, after he has satisfied the rent in arrear, and the costs
attending his entry, and detention of the lands, to give up the possession to
the lessee, and to pay him the surplus profits of the estate. 1 Co. Litt. 203 a,
n. 3; 1 Lev. 170; T.. Raym. 135, 158; 3 Cruise, 299, 300. See also 6 Binn. 420;
18 Ves. 60; Bac. Ab. Rent, K; 3 Call, 491; 18 Ves. 58 2 Story, Eq. Jur. §1315; 4
Bing. R. 178; 33 En . C. L. It. 312 , 1 How. S. C. R. 211
REEVE. The name of an ancient English officer of justice, inferior in
rank to an alderman.
2. He was a ministerial officer, appointed to execute process, keep the
king's peace, and put the laws in execution. He witnessed all contracts and
bargains; brought offenders to justice, and delivered them to punishment; took
bail for such as were to appear at the county court, and presided at the court
or folcmote. He was also called gerefa.
3. There were several kinds of reeves as the shire-gerefa, shire-reeve or
sheriff; the heh-gerefa, or high-sheriff, tithing-reeve, burgh or
RE-EXAMINATION. A second examination of a thing. A witness maybe
reexamined, in a trial at law, in the discretion of the court, and this is
seldom refused. In equity, it is a general rule that there can be no
reexamination of a witness, after he has once signed his name to the deposition,
and turned his back upon the commissioner or examiner; the reason of this is
that he may be tam-pered with or induced to retract or qualify what he has sworn
to. 1 Meriv. 130.
RE-EXCHANGE, contracts, commerce. The expense incurred by a bill's
being dishonored in a foreign country where it is made payable, and returned to
that country in which it was made or indorsed, and there taken up; the amount of
this depends upon the course of exchange between the two countries, through
which the bill has been negotiated. In other words, reexchange is the difference
between the draft and redraft.
2. The drawer of a bill is liable for the whole amount of reexchange
occasioned by the circuitous mode of returning the bill through the various
countries in which it has been negotiated, as much as for that occasioned by a
direct return. Maxw. L. D. ii. t.; 5 Com. Dig. 150.
3. In some states, legislative enactments have been made which regulate
damages on reexchange. These damages are different in the several states, and
this want of uniformity, if it does not create injustice, must be admitted to be
a serious evil. 2 Amer. Jur. 79. See Chit. on Bills. (ed. of 1836,) 666. See
Damages on Bills of Exchange.
REFALO. A word composed of the three initial syllables re. fa. lo.,
for recordari facias loquelam. (q. v.) 2 Sell. Pr 160; 8 Dowl. R. 514.
REFECTION, civil law. Reparation, reestablishment of a building. Dig.
19, 1, 6, 1.
REFEREE. A person to whom has been referred a matter in dispute, in
order that he may settle it. His judgment is called an award. Vide Arbitrator;