Blacks Law Dict. 1st ed

RECEIVERS, ETC.

REBUTTING EVIDENCE

1000

A receipt may be defined to be such a written acknowledgment by one person of his having re ceived money from another as will be prima facie evidence of that fact in a court of law. 10 Ohio, 75. Also the act or transaction of accepting or taking anything delivered. In old practice. Admission of a party to defend a suit, as of a wife on default of the husband in certain cases. Litt. § 668; Co. Litt. 3526. RECEIPTOR. A name given in some of the states to a person who receives from the sheriff goods which the latter has seized under process of garnishment, on giving to the sheriff a bond conditioned to have the property forthcoming when demanded or when execution issues. Story, Bailm. § 124. RECEIVER. A receiver is an indiffer ent person between the parties appointed by the court to collect and receive the rents, issues, and profits of land, or the produce of personal estate, or other things which it does not seem reasonable to the court that either party should do; or where a party is incom petent to do so, as in the case of an infant. The remedy or the appointment of a receiver is one of the very oldest in the court of chan cery, and is founded on the inadequacy of the remedy to be obtained in the court of or dinary jurisdiction. Bisp. Eq. § 576. One who receives money to the use of an other to render an account. Story, Eq. Jur. § 446. In criminal law. One who receives stolen goods from thieves, and conceals them. Co well. This was always the prevalent sense of the word in the common as well as the civil law. RECEIVER GENERAL OF THE DUCHY OF LANCASTER. An officer of the duchy court, who collects all the rev enues, fines, forfeitures, and assessments within the du~hy. RECEIVER GENERAL OF THE PUBLIC REVENUE. In English law. An officer appointed in every county to re ceive the taxes granted by parliament, and remit the money to the treasury. RECEIVER OF FINES. An English officer who receives the money from persons who compound with the crown on original writs sued out of chancery. Wharton. RECEIVERS AND TRIERS OF PE TITIONS. The mode of receiving and try ing petitions to parliament was formerly

REBUTTING EVIDENCE. Evidence offered on the part of the plaintiff (or prose cution) for the purpose of contradicting or counteracting the evidence adduced by the defendant. That which is given by one party in a cause, to explain, repel, counteract, or dis prove evidence produced by the other party. Wharton. RECALL. In international law. To summon a diplomatic minister back to his home court, at the same time depriving him of his office and functions. RECALL A JUDGMENT. To revoke, cancel, vacate, or reverse a judgment, for matters of fact; when it is annulled by rea son of errors of law, it is said to be "re versed." RECAPTION. A retaking, or taking back. A species of remedy by the mere act of the party injured, (otherwise termed "re prisal,") which happens when any one has deprived another of his property in goods or chattels personal, or wrongfully detains one's wife, child, or servant. In this case, the owner of the goods, and the husband, parent, or master may lawfully claim and retake them, wherever he happens to find them, so it be not in a riotous manner, or attended with a breach of the peace. 3 Inst. 134; 3 Bl. Comm. 4; 3 Steph. Comm. 358. It also signifies the taking a second dis tress of one formerly distrained during the plea grounded on the former distress. Also a writ to recover damages for him whose goods, being distrained for rent in service, etc., are distrained again for the same cause, pending the plea in the county court, or before the justice. Fitzh. Nat. Brev. 71. RECAPTURE. The takingfroman en 3my, by a friendly force, a vessel previously taken for prize by such enemy. Receditur a placitis juris, potius quam vijurise et delieta maneant impnnita. Positive rules of law [as distinguished from maxims or conclusions of reason] will be receded from, [given up or dispensed with,] rather than that crimes and wrongs should remain unpunished. Bac. Max. 55, reg. 12. RECEIPT. A receipt is the written acknowledgment of the receipt of money, or a thing of value, without containing any af firmative obligation upon either party to it; a mere admission of a fact,.in writing. 53 Ind. 574.

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