Blacks Law Dict. 1st ed

RECTO SUB DISCLAIMER 1007

RED TAPE

right, when or because the lord had remitted his court, which lay where lands or tenements in the seigniory of any lord were in demand by a writ of right. Fitzh. Nat. Brev. 16. RECTO SUE DISCLAIMER. An abolished writ on disclaimer. RECTOR. In English law. He that has full possession of a parochial church. A rector (or parson) has, for the most part, the whole right to all the ecclesiastical dues in his parish; while a vicar has an appropri ator over him, entitled to the best part of the profits, to whom the vicar is, in effect, per petual curate, with a standing salary. 1 Bl. Comm. 384, 388. RECTOR PROVINCE. Lat. In Ro man law. The governor of a province. Cod. 1, 40. RECTOR SINECURE. A rector of a parish who has not the cure of souls. 2 Steph. Comm. 683. RECTORIAL TITHES. Great or pre dial tithes. RECTORY. An entire parish church, with all its rights, glebes, tithes, and other profits whatsoever; otherwise commonly called a "benefice." A rectbr's manse, or parsonage house. Spelman. RECTUM. Lat. Right; also a trial or accusation. Bract.; Cowell. RECTUM ESSE. To be right in court. RECTUM ROGARE. To ask for right; to petition the judge to do right. RECTUM, STARE AD. To stand trial or abide by the sentence of the court. RECTUS IN CURIA. Right in court. The condition of one who stands at the bar, against whom no one objects any offense. 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. RECUPERATIO. Lat. In old English law. Eecovery; restitution by the sentence of a judge of a thing that has been wrong fully taken or detained. Co. Litt. 154a. Recuperatio, i. e., ad rem, per injuri am extortam sive detentam, per senten tiam judicis restitutio. Co. Litt. 154a. Recovery, i. e., restitution by sentence of a judge of a thing wrongfully extorted or de tained.

Recuperatio est alicujus rei in causam, alterius adductseper judicem acquisitio. Co. Litt. 154a. Recovery is the acquisition by sentence of a judge of anything brought into the cause of another. RECUPERATORES. In Roman law. A species of judges first appointed to decide controversies between Roman citizens and strangers concerning rights requiring speedy remedy, but whose jurisdiction was gradually extended to questions which might be brought before ordinary judges. Mackeld. Rom. Law, § 204. Recurrendum est ad extraordinarium quando non valet ordinarium. We must have recourse to what is extraordinary, when what is ordinary fails. RECUSANTS. In English law. Per sons who willfully absent themselves from their parish church, and on whom penalties were imposed by various statutes passed dur ing the reigns of Elizabeth and James L Wharton. Those persons who separate from the church established by law. Termes de la Ley. The term was practically restricted to Eoman Catholics. RECUSATIO TESTIS. Lat. In the civil law. Rejection of a witness, on the ground of incompetency. Best, Ev. In trod. 60, § 60. RECUSATION. In the civil law. A species of exception or plea to the jurisdiction, to the effect that the particular judge is dis qualified from hearing the cause by reason of interest or prejudice. Poth. Proc. Civile, pt. 1, c. 2, § 5. The challenge of jurors. Code Prac. La. arts. 499, 500. An act, of what nature so ever it may be, by which a strange heir, by deeds or words, declares he will not be heir. Dig. 29, 2, 95. RED, RAED, or REDE. Sax. Advice; counsel. RED BOOK OP THE EXCHEQUER. An ancient record, wherein are registered the holders of lands per baroniam in the time of Henry II., the number of hides of land in certain counties before the Conquest, and the ceremonies on the coronation of Eleanor, wife of Henry IIL Jacob; Cowell. RED-HANDED. With the marks of crime fresh on him. RED TAPE. In a derivative sense, or der carried to fastidious excess; system run out into trivial extremes. 55 Ga. 434.

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