KFLCC Kingdom Law 2nd Ed.

RECOVERY

1001

RECTOR SINECURE

RECTITUDO. Lat 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 CLESI^:. 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 TERRA! ET BLSREDIS. A writ of right ot 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 & 24 Vict, 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. Abol ished. 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 of right when or because the lord had remitted his court, which lay where lands or tenements in the seignory of any lord were in demand by a writ of right Fitzh. Nat Brev. 16. RECTO SUR DISCLAIMER. An abol ished 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. See Bird v. St Mark's Church, 62 Iowa, 567, 17 N. W. 747. RECTOR PROVINCE. Lat In Ro man law. The governor of a province. Cod. 1,4a RECTOR SINECURE. A rector of ft parish who has not the cure of souls. 2 Steph. Comm. 683.

tinguish it from a "feigned" or "common" recovery. See COMMON RECOVERY. —Final recovery. The final judgment in an action. Also the final verdict in an action, as distinguished from the judgment entered upon it Fisk v. Gray, 100 Mass. 193; Count Joannes v. Pangborn, 6 Allen (Mass.) 243. 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. Civ. Code Cal. § 122. And see Duberstein v. Duberstein, 171 111. 133, 49 N. E. 316; Bohan v. Bohan (Tex. Civ. App.) 56 S. W. 960. RECRUIT. A newly-enlisted soldier. RECTA PRISA REGIS. In old English law. The king's right to prisage, or taking of one butt or pipe of wine before and an other behind the mast, as a custom for every ship laden with wines. Cowell. RECTIFICATION. Rectification of instrument. In English law. To rectify is to correct or define something which is er roneous 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, set tlement, etc.) is, by mutual mistake, so fram ed 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 rectify 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 manner what ever, or who makes a mixture of spirits with anything else, and sells it under any name. Quantity of Distilled Spirits, 3 Ben. 73, Fed. Cas. No. 11,494.