KFLCC Kingdom Law 2nd Ed.

REBUTTING EVIDENCE

995

RECEIVING STOLEN GOODS

husband in certain cases. Litt § 668; Co. LItt 352&. 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. 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 of 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 ordinary jurisdiction. Bisp. Eq. § 576. See Hay v. McDaniel, 26 Ind. App. 683, 60 N. E. 729; Hale v. Hardon, 95 Fed. 773, 37 C. C. A. 240; WIswall v. Kunz, 173 111. 110, 50 N. E. 184; State v. Gambs, 68 Mo. 297: Nevitt v. Woodburn, 190 111. 283, 60 N. E. 500; Kennedy v. Railroad Co. (C. C.) 3 Fed. 103. One who receives money to the use of an other to render an account. Story, Eq. Jur. § 446. In criminal law. One who receives stol en goods from thieves, and conceals them. Cowell. This was always the prevalent sense of the word In the common as well as the civil law. —Receiver general of the duchy of Lan caster. An officer of the duchy court, who col lects all the revenues, fines, forfeitures, and as sessments within the duchy.— Receiver gener al of the pnblic revenue. In English law. An officer appointed in every county to receive 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 orig inal writs sued out of chancery. Wharton.— Receivers and triers of petitions. The mode of receiving and trying petitions to parlia ment was formerly judicial rather than legisla tive, and the triers were committees of prelates, peers, and judges, and, latterly, of the members generally. Brown.— Receiver's certificate. A non-negotiable evidence of debt, or debenture, issued 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 of 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 suppres sion of plunder and disorder; to institute an examination on oath with respect to the vessel"; and, if necessary, to sell the vessel, cargo, oi wreck. Sweet. RECEIPTOR. RECEIVER.

the part of the defendant

Steph. PI. 59;

3 Bl. Coram. 310.

REBUTTING EVIDENCE.

See

EVI -

DENCE.

RECALL. To summon a diplomatic minister back to his home court, at the same time depriving him of his office and functions. 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." 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, par ent, 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; Prigg v. Pennsylvania, 16 Pet. 612, 10 L. Ed. 1060. 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 taking from an en emy, by a friendly force, a vessel previously taken for prize by such enemy. Receditur a placitis juris, potins qnam injnrise et delicta maneant impunita. Positive rules o£ 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. A receipt is the written ac knowledgment 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. Krutz v. Craig, 53 Ind. 574. 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. Kegg v. State, 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 In international law. RECALL A JUDGMENT. RECAPTION. A retaking, or RECEIPT.

RECEIVING STOLEN GOODS. The short name usually given to the offense of