Blacks Law Dict. 1st ed

RECEIVER'S CERTIFICATE 1001

RECITAL

Judicial rather than legislative, and the triers were committees of prelates, peers, and judges, and, latterly, of the members gener ally. Brown. RECEIVER'S CERTIFICATE. Anon negotiable evidence of debt, or debenture, is sued by authority of a court of chancery, as a first lien upon the property of a debtor cor poration in the hands of a receiver. Beach, Rec. § 379. RECEIVERS OP WRECK. Persons appointed by the English board of trade. The duties of a receiver of wreck are to take steps for the preservation of any vessel stranded or in distress within his district; to receive and take possession of all articles washed on shore from the vessel; to use force for the suppression of plunder and disorder; to institute an examination on oath with re spect to the vessel; and, if necessary, to sell the vessel, cargo, or wreck. Sweet. RECEIVING STOLEN GOODS. The short name usually given to the offense of receiving any property with the knowledge that it has been feloniously or unlawfully stolen, taken, extorted, obtained, embezzled, or disposed of. Sweet. RECENS INSECTJTIO. In old English law. Fresh suit; fresh pursuit. Pursuit of a thief immediately after the discovery of the robbery. 1 Bl. Comm. 297. RECEPISSE DE COTISATION. In French law. A receipt setting forth the ex tent of the interest subscribed by a member of a mutual insurance company. Arg. Fr. Merc. Law, 571. RECEPTUS. In the civil law. The name sometimes given to an arbitrator, be cause he had been received or chosen to settle the diffeiences between the parties. Dig. 4, 8; Cod. 2, 56. RECESSION. The act of ceding back; the restoration of the title and dominion of a territory, by the government which now holds it, to the government from which it was obtained by cession or otherwise. 2 White, Kecop. 516. RECESSUS MARIS. In old English law. A going back; reliction or retreat of the sea. RECHT. Ger. Right; justice; equity; the whole body of law; unwritten law; law; also a rignt. There is much ambiguity in the use of this

term, an ambiguity which it shares with the French "droit," the Italian "diritto," and the English "right." On the one hand, the term "recht" answers to the Roman "jus," and thus indicates law in the abstract, con sidered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content. Taken in this abstract sense, the term may be an adjective, in which case it is equivalent to the English "just," or a noun, in which case it may be paraphrased by the expres sions "justice," "morality," or "equity." On the other hand, it serves to point out a right; that is, a power, privilege, faculty, or demand, inherent in one person, and inci dent upon another. In the latter significa tion "recht" (or "droit," or "diritto," or "right") is the correlative of "duty" or "ob ligation." In the former sense, it may be considered as opposed to wrong, injustice, or the absence of law. The word "recht" has the further ambiguity that it is used in con tradistinction to "gesetz," as "Jus" is opposed to "lex," or the unwritten law to enacted law. See DROIT; JUS; EIGHT. RECIDIVE. In French law. The state of an individual who commits a crime or mis demeanor, after having once been condemned for a crime or misdemeanor; a relapse. Dalloz. RECIPROCAL CONTRACT. A con tract, the parties to which enter into mutual engagements. A mutual or bilateial con tract. RECIPROCITY. Mutuality. The term is used in international law to denote the re lation existing between two states when each of them gives the subjects of the other cer tain privileges, on condition that its own subjects shall enjoy similar privileges at the hands of the latter state. Sweet. RECITAL. The formal statement or setting forth of some matter of fact, in any deed or wiiting, in older to explain the rea sons upon which the transaction is founded. The recitals are situated in the premises of a deed, that is, in that part of a deed between the date and thehabendum, and they usually commence with the formal word "whereas." Brown. The formal preliminary statement in a deed or other instiument, of such deeds, agreements, or matters of fact as are neces sary to explain the reasons upon which the transaction is founded. 2 Bl. Comm. 298.

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