Blacks Law Dict. 1st ed

1002

EECITAL

RECOLEMENT

done by another person in one's name had one's authority. An inquiry conducted by a chosen body of men, not sitting as part of the court, into the facts in dispute in a case at law; these "recognitors" preceded the jurymen of mod ern times, and reported their recognition or verdict to the court. Stini. Law Gloss. RECOGNITIONS ADNULLANDA PER VIM ET DURITIEM FACTA. A writ to the justices of the common bench for sending a record touching a recognizance, which the recognizor suggests was acknowl edged by force and duress; that if it so ap pear the recognizance may be annulled. Reg. Orig. 183. RECOGNITORS. In English law. The name by which the jurors impaneled on an assize are known. See RECOGNITION. The word is sometimes met in modern books, as meaning the person who enters in to a recognizance, being thus another form of recognizor. RECOGNIZANCE. An obligation of record, entered into before some court of rec ord, or magistrate duly authorized, with condition to do some particular act; as to appear at the assizes, or criminal court, to keep the peace, to pay a debt, or the like. It resembles a bond, but differs from it in be ing an acknowledgment of a former debt upon record. 2 Bl. Comm. 341. In criminal law, a person who has been found guilty of an offense may, in certain cases, be required to enter into a recogni zance by which he binds himself to keep the peace for a certain period. Sweet. » In the practice of several of the states, a recognizance is a species of bail-bond or se« curity, given by the prisoner either on being bound over for trial or on his taking an ap peal. RECOGNIZE. To try; to examine in order to determine the truth of a matter. Also to enter into a recognizance. RECOGNIZEE. He to whom one is bound in a recognizance. RECOGNIZOR. He who enters into a recognizance. RECOLEMENT. In French law. This is the process by which a witness, who has given his deposition, reads the same over and scrutinizes it, with a view to affirming his satisfaction with it as it stands, or to mak ing such changes in it as his better recollec

In pleading. The statement of matter as introductory to some positive allegation, beginning in declarations with the words, "For that whereas." Steph. PI. 388, 389. RECITE. To state in a written instru ment facts connected with its inception, or reasons for its being made. RECKLESSNESS. Rashness; heedless ness; wanton conduct. The state of mind accompanying an act, which either pays no regard to its probably or possibly injurious consequences, or which, though foreseeing such consequences, persists in spite of such knowledge. RECLAIM. To claim or demand back; to ask for the return or restoration of a thing; to insist upon one's right to recover that which was one's own, but was parted with conditionally or mistakenly; as, to re claim, goods which were obtained from one under false pretenses. In feudal law, it was used of the action of a lord pursuing, prosecuting, and recall ing his vassal, who had gone to live in an other place, without his permission. In international law, it denotes the de manding of a thing or person to be delivered up or surrendered to the government or state to which either properly belongs, when, by an irregular means, it has come into the pos session of another. Wharton. In the law of property. Spoken of ani mals, to reduce from a wild to a tame or do mestic state; to tame them. In an analo gous sense, to reclaim land is to reduce marshy or swamp land to a state fit for cul tivation and habitation. In Scotch law. To appeal. The reclaim ing days in Scotland are the days allowed to a party dissatisfied with the judgment of the lord ordinary to appeal therefrom to the in ner house; and the petition of appeal is called the reclaiming "bill," "note," or "petition." Mozley & Whitley; Bell. RECLAIMED ANIMALS. Those that are made tame by art, industry, or educa tion, whereby a qualified property may be ac quired in them. RECLAIMING BILL. In Scotch law. A petition of appeal or review of a judg ment of the lord ordinary or other inferior court. Bell. RECOGNITION. Ratification; confir mation ; an acknowledgment that something

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