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RECOVERY-continued. warranty; and this was called the couching (vocatio), or calling to warranty. The person who was thus called to warrant (and who was usually called the vouchee) appeared in Court, was sued and entered into the warranty, by which means he took upon himself the defence of the title to the land. The demandant then desired leave of the Court to imparl, or confer with the vouchee in private, which was granted as a matter of course. Soon after the demandant returned into Court, but the vouchee disappeared or made default; in consequence of which it was presumed by the Court that he had no title to the lands demanded in the writ, and therefore could not defend them, whereupon judgment was given for the demandant (who was then called the recoveror) to recover the lands in question against the tenant, and for the tenant to recover against the vouchee lands of equal value, in recompense for those so warranted by him, and which had been Jost by his default. 5 Cruise, 223, 281, 285, 286.
See titles CONVEYANCES; DISENTAIL
ING ASSURANCE. RECTO DE ADVOCATIONE ECCLESIÆ. A writ of right, which lay when a man had right of advowson, and the parson of the church dying, a stranger presented his clerk to the church, and the real patron did not bring bis action of quare impedit or darrein presentment within six months, but permitted the stranger to usurp on him, and so was left to his writ of right only to recover his right. This writ lay only where the patron was entitled to the fee in the advowson. Reg. Orig. 29; Cowel.
RECTO DE DOTE. A writ of right of dower, which lay for a woman who bad received part of her dower, and proposed demanding the remainder, against the heir of her husband, or his guardian if he were a ward (Old. Nat. Brev. 5; Cowel). Under the C. L. P. Act, 1860, s. 26, no writ of right of dower shall be brought after the commencement of that Act in any Court whatsoever ; but instead thereof, an action may be commenced by the ordinary writ of summons, with an indorsement thereon to the effect that the plaintiff intends to declare in dower; and all subsequent proceedings therein are, as nearly as may be, to be taken in accordance with the 0. L. P. Acts, 1852 and 1854.
RECTO DE DOTE UNDE NIHIL HABET. A writ of right of dower, which lay when a man who had divers lands and tenements had assigned no dower to his wife, and she was thereby driven to sue for her thirds against the heir or his guardian (Reg.
RECTO DE DOTE UNDE NIHIL HABET
-continued. Orig. 170; Cowel). Under the C. L. P. Act, 1860, the like provisions are made regarding this action as are stated in the title last preceding to have been made by the same Act regarding the writ of right of dower.
RECTO DE RATIONABILI PARTE. A writ that lay between privies in blood, as brothers in gravelkind, or sisters, coheiresses, or other co-parceners, for land in fee simple. As for instance, if a man leased his land for life, and afterwards d'ed, leaving issue two daughters, and after that, the tenact for life died also, and then one sister entered upon the whole of the land, and so deforced the other, then the sister so deforced might have had this writ to recover part. F. N. B. 9; Cowel.
RECTO QUANDO DOMINUS REMISIT. A writ of right, which lay where lands or tenements that were in the seigniory of any lord were in demand by a writ of right; for if in such case the lord held no Court, or otherwise, at the prayer of the demandant, sent to the King's Court his writ, to put the cause thither for that time (reserving to him at other times the right of his seigniory), then this writ issued out for the other party. Reg. Orig. 4; Cowel.
RECTO SUR DISCLAIMER. A writ that lay for a lord who had avowed upon his tenant in the Court of Common Pleas, and such tenant had disclaimed to hold of him, on which disclaimer the lord might have this writ; and if he averred and proved that the land was holden of him, he should recover the land for ever. Old Nat. Brev. 150; Cowel.
RECTOR. A governor. Rector ecclesiæ parochialis is he who has the cure or charge of a parish church, qui tantum jus in ecclesiâ parochiali habet quantum prælatus in ecclesiâ collegiatâ. It appears that when dioceses were divided into parishes, the clergy, who had the charge in those places, were called rectors; afterwards, when their rectories were appropriated to monasteries, &c., the monks kept the great tithes, but the bishops were to take care that the rector's place should be supplied by another, to whom he was to allow the small tithes for his maintenance; and this was the vicar.
See title AdvOWSON. RECTORY. This word appears to be used for an entire parish church, with all its rights, glebes, tithes, and other profits (Spelm). The word was often used to signify the rector's manse, or parsonage house. Ken. Par. Antiq. 549. See title AdvOWSON.
RECUSANTS This word, as used in the statutes, has been expounded to mean all those who separate from the church as established by the laws of this realm (Les Termes de la Ley). Numerous laws against recusants were passed in the persecuting times of Charles II., in which reign these recusants were chiefly non-conformists. The term does not, in fact, appear to have ever been applied to Roman Catholics or Jews, but only to Protestant Dissenters.
See title STATUTES ECCLESIASTICAL. REDDENDUM. The reddendum is a clause in a deed by which the grantor reserves something to himself out of what he has granted before. It is situated between the Labendum and the covenants in deeds, and usually begins either with the word “yielding” or the word “rendering;" thus in a lease, that clause which commences with the words“ yielding and paying" is the reddendum. 4 Cruise, 26.
REDDITION. A judicial confession and acknowledgment that the land or thing in demand belongs to the demandant, and not to the person surrendering. 34 & 35 Hen. 8, c. 24 ; Cowel.
REDDITUS SICCUS (dry rent, barren rent). A rent for the recovery of which no power of distress is given by the rules of the Common Law (3 Cru. Dig. 314). It is also sometimes called rent-seck (Litt. sec. 217, 218. See also Co. Litt. 143 a, 143 B, 153 a, n. (1). But a power of distress for this rent was given by stat. 4 Geo. 2, c. 28. For the other varieties of rent, see title RENT.
REDEEMABLE RIGHTS. Such rights as return to the grantor of lands, &c., on repayment of the sum for which such rights were granted. Jacob; Tomlins.
RE-DEMISE : See title DEMISE.
REDEMPTION, EQUITY OF: See titles EQUITY OF REDEMPTION ; AND MORTGAGE.
RE-DISSEISIN. A disseisin made by a person who had once before been a ljudged to liave disseised the same man of his lands or tenements, for which there lay a special writ, termed a writ of re-disseisin. Reg. Orig. 204; Cowel.
REDUCTION. In French Law, when a parent gives away, whether by gift inter vivos or by legacy, more than his portion disponible (see that title), the donce or legatee is required to submit to have his gift reduced to the legal proportion.
See also title HoTCHPOT. RE-ENTRY. The entering again into or resuming possession of premises. Thus in leases there is a proviso for re-entry of
RE-ENTRY-continued. the lessor on the tenant not paying the rent, or not performing the covenants contained in the lease; and by virtue of such proviso the lessor may take the premises into his own hands again if the rent be not paid, or the covenants be not observed by the lessee; and this taking possession again is termed re-entry 2 Cruise, 8; Cowel.
See also title ENTRY. RE-EXCHANGE, The like sum of money payable by the drawer of a bill of exchange, which is returned protested back again to the place whence it was drawn, for the exchange of the sum mentioned in the bill. Lex Mercat, 98.
RE-EXTENT. A second extent maile on lands and tenements on complaint being made that the former extent was only par. tially performed. Cowel.
See title EXTENT. REFERENCE. The fact of something being referred. Thus, in the proceedings in a suit in equity, or in an action at law, matters frequently arise which would take up too much of the time of the Court to be brought before it for its decision; and such matters are therefore referred to the masters of the respective Courts, or to special referees, to be inquired into by them. The order of the Court authorizing such a reference is termed an order of reference.
See title ARBITRATION. REFERRING A CAUSE. When a case or action involves matters of account or other intricate details which require minute examination, and for that reason are not fit to be brought before a jury, it is not unusual to refer all matters in difference between the parties to the decision of an arbitrator, and in such a case the cause is said to be referred.
See also title REFERENCE. REFORMATORY. Under the stat. 29 & 30 Vict. c. 117, s. 14, where a juvenile, i.e., person to appearance under 16 years of age, is convicted, whether on indictment or in a summary manner, of an offence punishable with penal servitude or imprisonment, and is sentenced to be imprisoned for the period of ten days or longer, he may be sent to a reformatory schocl of his own religious persuasion for between two and five years.
REFRESHER, It frequently happens that after the briefs in a cause have been delivered to counsel, the cause, from a press of business or some other reason, is adjourned, or allowed to stand over from one term or sittings to another, which im.
REFRESHER-continued. roses upon counsel the necessity of reperusing their briefs, in order to refresh their memory upon the various points of the cause; in consideration of which it is usual for the attorney to mark on the briefs which have so been delivered a small additional fee, thence termed a refresher fee.
REGAL FISHES: See title Fish ROYAL.
REGALIA, The royal rights of a king, the king's prerogative; and regalia facere is to do homage or fealty when he is invested with the regalia (Cowel). The word is also occasionally used to denote the emblems of sovereignty.
REGARDANT (Fr. Jooking at). Thus, a villein regardant was called regardant to the manor, because he was charged with doing all base services within the same, and with seeing that the same was freed from all things that might annoy it. Co. Litt. 120; Cowel.
See also title VILLENAGE. REGE INCONSULTO. A writ issued from the king to the judges, commanding them not to proceed in a cause which may prejudice the king without the king being advised. 18 Vin. Abr. 275, 280.
RÉGIME DOTAL. In French Law, the dot, being the property which the wise brings to the husband as her contribution to the support of the burdens of the marriage, and which may either extend as well to future as to present property, or be expressly confined to the present property of the wife, is subject to certain regulations which are summarized in the phrase régime dotal. The husband has the entire admin stration during the marriage; but as a rule where the dot consists of immoveables, neither the husband nor the wife, nor both of them together, can either sell or mortgage it. The dot is returnable upon the dissolution of the marriage, whether by death or otherwise.
RÉGIME EN COMMUNAUTÉ. In French Law is the community of interests between husband and wife which arises upon their marriage. It is either (1) legal or (2) conventional, the former existing in the absence of any agreement properly so called and arising from a mere declaration of community, the latter arising from an agreement properly so called. Legal community extends to all the moveable and immoveable property of both parties (and the profits thereof) at the time of and during the marriage, and also to all the debts with which either spouse is burdened at the date of the marriage, or which the
RÉGIME EN COMMUNAUTÉ-contd. husband or the wife (with his consent) contracts during the marriage. Under such a community, the husband has the sole management and disposal of the property, but he cannot give them away for nothing, unless it should be for the advancement of the children of the marriage. This community is destroyed by a judicial separation de corps et de biens, and the wife recovers the free administration of her goods. Conventional community may be as diverse as the parties choose by their conventions to make it, these conventions most commonly regulating the amount of property which shall be held in common, excluding the after-acquired property from it, or making other such restrictive regulations. REGISTER. A book wherein things are
stered for the preservation of the same; thus a parish register is that book wherein the baptisms, marriages, and burials are registered in the respective parishes; there is also a book wherein are entered the various forms of original and judicial writs, which is termed the register of writs. Co. Litt. 159; Cowel.
See also the two following titles. REGISTRAR. An officer who has the custody or keeping of a registry. There ore several officers of this kind connected with the law. The principa
are the registrars of the Courts of Chancery and Bankruptcy and the registrars of births, deaths, and marriages. The registrar of the Court of Chancery is an officer with whom, in certain cases, the defendants are compelled to enter their appearances; and by him the decrees of the Court are drawn up, signed, and passed. As to the duties of the registrars of the Court of Bankruptcy, the reader is referred to the Bankruptcy Act, 1869. The registrars of births, deaths, and marriages are officers appointed under the 6 & 7 Will. 4, c. 86, 7 Will. 4. & 1 Vict. c. 22, and 3 & 4 Vict. c. 92, for the purpose of keeping in their respective districts an exact register of every birth, death, and marriage which may take place therein. The registrars of each union are subjected to the supervision of their *superintendent registrar,” and these again are subject to the authority of a superior officer appointed under the great seal, and holding office during the pleasure of the Crown, called the “ Registrar General of Births, Deaths, and Marriages in England." See the statutes above referred to.
REGISTRY OF DEEDS. By certain Acts of Parliament all deeds and conveyances (with some exceptions) which affoct lands in the counties of Middlesex and
REGISTRY OF DEEDS -- continurd.
REJOINING GRATIS. Rejoining volanYork, are required to be registered ; that tarily, or without being required to do so is, an abstract of their substance is required
by a rule to rejoin. It would seem that to be entered in a register kept for that
when a defendant is under terms to rejoin purpose. The object of this is that pur- gratis, it means that he must deliver a chasers and mortgagees of lands in these rejoinder, without putting the plaintiff to counties by referring to this register may the necessity of obtaining a rule to rejoin. have an opportunity of ascertaining Atkins v. Anderson, 10 M. & W.12; Lush's whether the lands they are about to pur
Pr. 396. chase are in any way incumbered or other
RELATOR. A rehearser or teller. It is wise affected by any prior transactions ;
sometimes used to signify an informer; and therefore by these statutes, deeds and
as in the case of an information being filed conveyances are void against subsequent by the Attorney-General at the relation of purchasers or mortgagees, unless registered
some informant, such informant is termed a before the conveyances under which such
relator, and the information is said to be at purchasers or mortgagees claim, unless, in
the relation of such person. Such indeed, the subsequent purchaser or mort
formations are usually laid in the Court of gagee had notice of the prior charge (Le
Chancery for the abatement of a public Neve v. Le Neve, 2 Wh. & Tud. L, C. 28).
nuisance; the corresponding proceeding in By a Bill of the present session it was
the Courts of Common Law is called an proposed to make the registration of titles
indictment. to land universal; but the Bill has fallen through for the present.
RELEASE. A release is a discharge REGRATING (from re, again, and the
or conveyance of a man's right in lands
or tenements to another who already has Fr. grater, to scrape). In one sense this word signifies the scraping or dressing of
an estate in possession; as if A. has a
lease of lands for a term of years, and. cloth or other goods for the purpose of
B. Las the remainder or reversion in selling them again. But in its more
fee; here the fee simple of the lands may ordinary sense it means the offence of buy
become vested in A. by B. executing a ing or getting into one's hands at a fair or
release of them to A. (4 Cruise, 81). Such market any provisions, corn, or other dead
a release is said to operate by enlargement victual with the intention of selling the
of the estate of A. For the other varieties same again in the same fair or market, or
of a release, and the incidents attaching in some other within four miles thereof, at
thereto, see title CONVEYANCES. a higher price; and he who commits this offence is termed a regrator. 3 Inst. 195 ; RELEASE TO USES. The conveyance 5 Edw. 6, c. 14.
by a deed of release to one party to the use See also title FORESTALLING.
of another is so termed. Thus, when a RE-HEARING. When a party seeks to
conveyance of lands was effected, by those
instruments of assurance termed a lease have a decree of the Court of Chancery
and release, from A. to B. and his heirs, to reversed or altered he may petition for a
the use of C. and his heirs, in such case C. re-hearing; that is, for the cause to be
at once took the whole fee simple in such heard again. Such re-hearing is usually had before the same judge that previously
lands; B., by the operation of the Statute heard the case. It is obtained upon a
of Uses, being made a mere conduit pipe for petition to the Lord Chancellor, accom
conveying the estate to C.
See title CONVEYANCES. panied with the certificate of two counsel, one of whom, at least, must have been RELIEF. A fine or acknowledgment, engaged on the occasion of the former
which, during the feodal system, the heir hearing; and the usual ground of it is
paid to the lord on being admitted to the that there has been an oversight on the feud which his ancestor possessed; it part of the judge, resulting in a mis- generally consisted of houses, arms, money, carriage of justice. The certificate is, and the like; it was called a relief, either however, in the most general form, merely because it raised up and re-established the stating that the cause is a proper one to inheritance, or because by it the heir took be re-heard. In case the re-hearing is that up or lifted up the inheritance, or in the of an order made on motion, then no words of the feodal writers, “ incertam et certificate of counsel is required, and caducam hereditatem relevabat” (Knight, weither is any petition of appeal necessary, 14). It seems that a relief is still payable, but counsel merely moves the Court of if demanded. Wms, R. P. p. 120. Appeal on motion with notice. See also title APl’EAL.
REM, IN : See title IN PERSONAN. REJOINDER: See title REBUTTER.
REMAINDER. A remainder is defined
REMAINDER-continued. two varieties of remainder are defined in Williams's Real Property as follows:
(1.) A vested remainder is one which is always ready from its creation to its close to come into possession the moment the prior estate determines;
(2.) A contingent remainder is one which is not always so ready.
See also titles CONTINGENT REMAIN
DER; VESTED REMAINDER. REMANET. A remnant, that which remains. Thus the causes which are deferred being tried from one term to another, or from one sittings to another, are termed remanets. 1 Arch. Pract. 375.
REMAINDER-continued. to be an estate limited to take effect and be enjoyed after another estate is determined. As if a man who is seised of lands in fee simple grants them to A. for twenty years, and after the determination of that term, to B. and his heirs for ever; in this case the estate of A. (that is, the interest which A. has in the lands for the twenty years) is termed an estate for years; and the estate of B. (that is, the interest which B. has in the lands after the end of the twenty years) is termed a remainder. In order to constitute or to create a remainder, it is a rule that there must be some particular estate (as it is termed) to support it, that is, at the time of creating a remainder there must be some estate (in the same lands to which the remainder applies) created at the same time to precede the remainiler, which preceding estate is termed the particular estate. Thus, in the above instance (of a man who is seised of lands in fee simple granting them to A. for twenty years, and after the determination of that term to B. and his heirs for ever), the estate of A. is termed the particular estate, because it is only a small part, or particule, of the inheritance, the residue or remainder of which is granted over to B. The necessity of creating this preceding particular estate, in order to make a good remainder, arises from this plain reason, that the word “remainder" is a relative expression, and implies that some part of the thing is previously disposed of; for where the whole is conveyed at once, there cannot possibly exist a remainder. Remainders are said to be either vested or contingent. Vested remainders (or remainders executed) are those on the creation of which a present interest passes to the party, though to be enjoyed at a future time, and by which the estate is invariably fixed to remain to a determinate person after the particular estate is spent. As if an estate is conveyed to A. for twenty years, remainder to B. in fee; here B.'s is a vested remainder, which nothing can defeat or set aside; so that a person entitled to a vested remainder has an immediate fixed right of future enjoyment, that is, an estate in præsenti, though it is only to take effect in possession and receipt of the profits at a future period. Contingent (or executory) remainders are such as are limited to take effect in favour of a dubious and uncertain person; as if an estate is conveyed to A. for life, with remainder to B.'s eldest son (then unborn) in tail; this is a contingent remainder, for it is quite uncertain whether B. will have a son or not; but the instant that a son is born, the remainder is no longer contingent, but vested (2 Cruise, 231). These
REMEMBRANCERS. Were three officers, or clerks, of the Exchequer, who were formerly calle l clerks of the remembrance. One was called the king's remembrancer; the second, the lord treasurer's remembrancer; and the third, the remembiancer of the first fruits. The king's remembrancer entered in his office all recognizances taken before the barons for any of the king's debts, or for appearances, or for observing of orders; he wrote process aguinst the collectors of customs, subsidies, and fifteenths for the accounts, &c. The lord trensurer's remembrancer made process against all sheriffs, escheators, receivers, and bailiffs, for their account; also of fieri facias and extent for any debts due to the king either in the pipe or with the auditors, &c. The remembrancer of the first fruits took all compositions and Londs for the first fruits and tenths, and made process against such as did not pay the same. Cowel.
RÉMÉRÉ: See title Rachat.
REMITTER (remittere, to send back). In real property law is a restitution of one who has two titles from the latter defective title, in respect of which he is in possession, to the former complete title which he has to the lands, but in respect of which he is not in possession. It is necessary in order to the principle of remitter taking effect, that the latter title should have come to the party by the act of law; for if it came to him by his own act, he is taken to have waived his former or more ancient title, Co. Litt. 358.
REMITTITUR (it is remitted). This word is ordinarily used in two senses; first, for an entry or minute which a plaintiff sometimes makes expressive of his intention to give up or waive the damages which he