KFLCC Kingdom Law 2nd Ed.

EECORDATUE

1000

RECOVERY

prevent any alteration of it 1 Ld. Raym. 211. An order or allowance that the verdict re turned on the nisi prius roll be recorded. RECORDER, v. L. Fr. In Norman law. To recite or testify on recollection what had previously passed in court This was the duty of the judges and other principal per sons who presided at the placitum; thence called "recordeurs." Steph. PI., Append, note 11. RECORDER, n. In old English law. A barrister or other person learned in the law, whom the mayor or other magistrate of any city or town corporate, having jurisdiction or a court of record within their precincts, associated to him for his better direction in matters of justice and proceedings according to law. Cowell. The name "recorder" is also given to a magistrate, in the judicial systems of some of the states, who has a criminal jurisdiction analogous to that of a police judge or other committing magistrate, and usually a limited civil jurisdiction, and sometimes authority conferred by statute in special classes of pro ceedings. Also an officer appointed to make record or enrolment of deeds and other legal instru ments authorized by law to be recorded. RECORDER OF LONDON. One of the justices of oyer and terminer, and a jus tice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sen tences and judgments of the court therein, and also certifies and records the city cus toms, etc. He is chosen by the lord mayor and aldermen, and attends the business of the city when summoned by the lord mayor, etc. Wharton. RECORDING ACTS. Statutes enacted In the several states relative to the official recording ot deeds, mortgages, bills of sale, chattel mortgages, etc., and the effect of such records as notice to creditors, purchasers, in cumbrancers, and others interested. RECOUP, or RECOUFE. To deduct defalk, discount, set off, or keep back; to withhold part of a demand. RECOUPMENT. In practice. Defalca tion or discount from a demand. A keeping back something which is due, because there is an equitable reason to withhold it Tom lins. Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages, for the reason that the plaintiff has not complied with the cross-obli gations or independent covenants arising un der the same contract Code Ga. 1882, § 2909. It is keeping back something which is due because there is an equitable reason to withhold

it; and is now uniformly applied where a man brings an action for breach of a contract be tween him and the defendant; and where the latter can show that some stipulation in the same contract was made by the plaintiff, which he has violated, the defendant may, if he choose, instead of suing in his turn, recoupe his dam ages arising from the breach committed by the plaintiff, whether they be liquidated or not. Ives v. Van Bppes, 22 Wend. (N. Y.) 156. And see Barber v. Chapin, 28 Vt 413; Law ton v. Ricketts, 104 Ala. 430, 16 South. 59; Aultman v. Torrey, 55 Minn. 492, 57 N. W. 211; Dietrich v. Ely, 63 Fed. 413, 11 C. C. A. 266; The Wellsville v. Geissie, 3 Ohio Si. 341; Nichols v. Dusenbury, 2 N. Y. 286; Myers v. Estell, 47 Mass. 23. In speaking of matters to be shown in de fense, the term "recoupment" is often used as synonymous with "reduction." The term is of French origin, and signifies cutting again, or cutting back, and, as a defense, means the cut ting back on the plaintiff's claim by the de fendant. Like reduction, it is of necessity lim ited to the amount of the plaintiff's claim. It is properly applicable to a case where the same contract imposes mutual duties and obligations on the two parties, and one seeks a remedy for the breach of duty by the second, and the sec ond meets the demand by a claim for the breach of duty by the first. Davenport v. Hub bard, 46 Vt. 207, 14 Am. Rep. 620. "Recoupment" differs from "set-off" in this respect: that any claim or demand the de fendant may have against the plaintiff may be used as a set-off, while it is not a subject for recoupment unless it grows out of the very same transaction which furnishes the plaintiff's cause of action. The term is, as appears above, synonymous with "reduction;" but the latter is not a technical term of the law; the word "defalcation," in one of its meanings, expresses the same idea, and is used interchangeably with recoupment Re coupment as a remedy, corresponds to the reconvention of the civil law. RECOURSE. The phrase "without re course" is used in the form of making a qual ified or restrictive indorsement of a bill or note. By these words the indorser signifies that while he transfers his property in the instrument, he does not assume the responsi bility of an indorser. See Lyons v. Fitzpat rick, 52 La. Ann. 697, 27 South. 111. RECOUSSE. FT. In French law. Re capture. Emerig. Traite des Assur. c. 12, § 23. RECOVEREE. In old conveyancing. The party who suffered a common recovery. RECOVERER. The demandant in a com mon recovery, after judgment has been given in his favor. RECOVERY. In its most extensive sense, a recovery is the restoration or vindication of a right existing in a person, by the formal judgment or decree of a competent court at his instance and suit or the obtaining, by such judgment of some right or property which has been taken or withheld from him. This is also called a "true" recovery, to dis-