Blacks Law Dict. 1st ed

RECTO QUANDO, ETC.

1006

BECOUSSE

RECOUSSE. Fr. In French law. Recapture. Emerig. Traits des Assur. c. 12, §23. RECOVEREE. In old conveyancing. The party who suffered a common recovery. RECOVERER. The demandant in a common recovery, after judgment has been given in his favor. RECOVERY. In its most extensive sense, a recovery is the restoration or vindi cation of a right existing in a person, by the formal judgment or decree of a competent court, at his instance and suit, or the obtain ing, by such judgment, of some right or property which has been taken or withheld from him. This is also called a "true" re covery, to distinguish it from a "feigned" or "common" recovery. See COMMON RECOV ERY. RECREANT. Coward or craven. The word pronounced by a combatant in the trial by battel, when he acknowledged himself beaten. 3 Bl. Comm. 340. RECRIMINATION. A charge made by an accused person against the accuser; in particular a counter-charge of adultery or cruelty made by one charged with the same offense in a suit for divorce, against the per son who has charged him or her. Wharton. Recrimination is a showing by the defend ant of any cause of divorce against the plain tiff, in bar of the plaintiff's cause of divorce. Civil Code Cal. § 122. RECRUIT. A newly-enlisted soldier. RECTA PRISA REGIS. In old En glish law. The king's right to prisage, or taking of one butt or pipe of wine before and another behind the mast, as a custom for ev ery ship laden with wines. Cowell. RECTIFICATION. Rectification of instrument. In English law. To rectify is to correct or define something which is erroneous or doubtful. Thus, where the par ties to an agreement have determined to em body its terms in the appropriate and con clusive form, but the instrument meant to effect this purpose (e. g., a conveyance, settlement, etc.) is, by mutual mistake, so framed as not to express the real intention of the parties, an action may be brought in the chancery division of the high court to have it rectified. Sweet. Rectification of boundaries. An action to rectifv or ascertain the boundaries of two

adjoining pieces of land may be brought in the chancery division of the high court. Id. Rectification of register. The rectifica tion of a register is the process by which a person whose name is wrongly entered on (or omitted from) a register may compel the keeper of the register to remove (or enter) his name. Id. RECTIFIER. As used in the United States internal revenue laws, this term is not confined to a person who runs spirits through charcoal, but is applied to any one who recti fies or purifies spirits in any wanner what ever, or who makes a mixture of spirits with anything else, and sells it under any name. 3 Ben. 73. RECTITUDO. Right or justice; legal dues; tribute or payment. Cowell. RECTO, BREVE DE. A writ of right, which was of so high a nature that as other writs in real actions were only to recover the possession of the land, etc., in question, this aimed to recover the seisin and the property, and thereby both the rights of possession and property were tried together. Cowell. RECTO DE ADVOCATIONE EC CLESI2E. A writ which lay at common law, where a man had right of advowson of a church, and, the parson dying, a stranger had presented. Fitzh. Nat. Brev. 30. RECTO DE CUSTODIA TERRJS ET H-2EREDIS. A writ of right of ward of the land and heir. Abolished. RECTO DE DOTE. A writ of right of dower, which lay for a widow who had re ceived part of her dower, and demanded the residue, against the heir of the husband or his guardian. Abolished. See 23 A 24 Viet. c. 126, § 26. RECTO DE DOTE UNDE NIHIL HABET. A writ of right of dower whereof the widow had nothing, which lay where her deceased husband, having divers lands or tenements, had assured no dower to his wife, and she thereby was driven to sue for her thirds against the heir or his guardian. Abolished. RECTO DE RATIONABILI PARTE. A writ of right, of the reasonable part, which lay between privies in blood; as brothers in gavelkind, sisters, and other coparceners, for land in fee-simple. Fitzh. Nat. Brev. 9. RECTO QUANDO (or QUIA) DOMI NUS REMISIT CURIAM. A writ o

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