492 



THE CENTURY BOOK OF FACTS. 



Real Estate or Realty. The term applied to land, 

 In contradistinction to personalty. 



Recital. The formal statement of some matter of 

 fact in any deed or writing. It usually commences with 

 the formal word " Whereas." 



Recognizance. An obligation of record which a 

 man enters into, with condition to do some particular 

 act ; as, to appear at the assizes,to keep the peace, to pay 

 a debt, or the like. 



Record. An authentic testimony, in writing, con- 

 tained in rolls of parchment, and preserved in a court of 

 record. 



Re-Entry, proviso for. A stipulation in a lease 

 that, on non-payment of rent or non -performance of the 

 covenants, the leaser may re-enter. 



Registrars. Officers having custody of a Registry, 

 such as the registrars of births, marriages, and deaths. 



Rejoinder. The answer of a defendant in an action 

 to the plaintiff's replication. 



Release. A form of conveyance. Also, an acquit- 

 tance under seal of a debt or other obligation. 



Remainder. A vested or contingent estate or inter- 

 est in land, limited to take effect and come into pos- 

 session on the determination of a prior estate created 

 at the same time. 



Rent. The annual return made by the tenant to his 

 landlord, which may be either money, labor, or provi- 

 sions. 



Replevin. An action to try the validity of a distress. 

 The tilings distrained are re-delivered to the tenant on 

 security or pledges given by him to try the right. 



Reprieve. A suspension of the execution of sentence 

 of death on a criminal. 



Rescue. A resistance against lawful authority, as, 

 for instance, the violently taking away a man who is un- 

 der legal arrest. 



Residuary Devisee. The person to whom a testator 

 devises the remainder of his lands, not otherwise dis- 

 posed of. 



Residuary legatee. A legatee to whom is be- 

 queathed the residue or remainder of a testator's per- 

 sonal estate, after payment of all legacies, claims, and 

 demands. 



Residue or Residuary Estate. The portion of a 

 testator's estate not specifically disposed of. 



Retainer. A fee given to counsel to secure his serv- 

 ices. It may be either general or special. The former 

 secures the services of the counsel to the party giving 

 it in all matters; the latter only in one cause or matter. 

 The fee in the former cause is five guineas, in the latter 

 one guinea. 



Return of a "Writ. The certificate of the sheriff 

 made to the court of what he has done towards the ex- 

 ecution of any writ directed to him. 



Reversal. The making a judgment void, in con- 

 sequence of some error in the same. 



Reversion. The residue of an estate left in the 

 grantor, and returning to him or his heirs, after the 

 grant is determined. 



Receipt. A writing acknowledging the taking of 

 money or goods. 



Refund. To repay or pay back. 



Resources. Pecuniary means; effects; property. 



Respondential Eond. A pledge of a cargo at sea. 



Retail. To sell in small quantities. 



Revenue. Tax; income; rents; customs and duties. 



Revocation. The recall of power or authority con- 

 ferred, as the revocation of an agency. 



Receiver's Certificates. Those issued by a receiver 

 for the purpose of raising money for a company in the 

 jurisdiction of a court. When approved by the court 

 and issued, they are a first lien upon the net earnings 

 and property of the company. 



Registered Bonds. That class of Government Bonds 

 which are payable to the order of some individual or 

 corporation, whose name is registered as the owner 

 thereof in the government offices at Washington. Such 

 bonds, if stolen or lost, cannot be realized upon. 



Remittance. Value, as bills or money transmitted 

 to another. 



Renewal of a Note. Extending the time of its pay- 

 ment by giving a new note in exchange for it. 



Rule. An order made by the court at the instance 

 of one of the parties in an action. It may either be a 

 rule absolute, or merely a rule nisi, or to show cause. 



Rules of Court. The rules framed by the judges for 

 regulating the practice of the different courts of law. 



Salvage. An allowance made for saving ships or 

 goods from enemies, or wreck, or loss at sea. 



Scire Facias. A judicial writ founded on matter ol 

 record, and used for various purposes, as, for in? 

 stance, to enforce against a shareholder a judgment 

 against a Joint Stock Company, which it is unaole to 

 satisfy. 



Scrivener. One intrusted with other men's moneys 

 to put out for them, and for which he charges a com- 

 mission, or bonus. 



Scrip. Dividends issued by a stock company payable 

 in stock. Scrip dividends are simply an increase o'f the 

 capital of the company, as the stock issued tomeetthem 

 is added to the capital, and in its turn is entitled to 

 future dividends. 



Scalper. One who trades in rtptions continually, and, 

 by reading the temper of the market at the moment, 

 tries to get a profit out of the minor fluctuations; also 

 applied to irregular railroad ticket brokers. The term 

 is coming into general use in other lines. 



Scalping. Buying and selling on small fluctuations 

 of t' e market. Taking a small profit or a small loss. 



Seizin. Possession of a freehold estate. Seizin in 

 deed is when actual possession is obtained. Seizin in 

 law i a right to lands of which actual possession has 

 not been obtained. 



Separate instate. Real or personal property settled 

 upon a married woman, and which she may dispose of 

 as if she were a single woman. 



Sequestration. Used in several cases ; but most fre- 

 quently as signifying an execution for debt against 

 a benenced clergyman, in which case the debt is satis- 

 fied out of the tithes and other profits of the benefice. 

 InScof-nd a sequestration is nearly equivalent to our 

 term " bankruptcy." 



Set-off. A mode of defense, whereby a defendant sets 

 up a demand of his own to counterbalance the plaintiff's 

 claim either wholly or in part. 



Seaworthy. Fit for a voyage ; in a proper condition 

 to venture a*: sea. 



Secondarily. Applied to the indorser of a note or 

 the drawer of a bill, signifying that he is only condi- 

 tionally liable, or liable if the maker and drawee fail. 



Seigniorage. The difference between the commer- 

 cial value of bullion in coin and the face value of th 

 coin itself. 



Shipment. Goods ; act of shipping. 



Short Market. A market that is oversold ; the vol- 

 ume of open contracts to deliver property being in dan- 

 gerous excess of available supply. 



Short Selling. The process of selling property for 

 future delivery in the expectation of oeing able to 

 obtain the property cheaper before the maturity of con- 

 tract, or of being able to close out the contract at a 

 profit without the actual delivery of the property. 



Simony. The corrupt presentation of anyone to an 

 ecclesiastical benefice, for money, gift, or reward. 



Simple Contract. An agreement entered into ver- 

 bally or by writing not under seal. 



Sight. ' The time of presenting a bill to the drawee. 



Signature. The peculiar style in which a person 

 signs his name. 



Sinking Fund. A fund created by a government or 

 corporation for the extinction of its indebtedness, by 

 the gradual purchase of its outstanding obligations, 

 and the application of the interest saved on these 

 obligations thus redeemed to further purchases. 



Silent Partner. One who invests his capital in a 

 business house, but whose name does not appear in the 

 firm. His liability is limited to the extent of his con- 

 tribution, except in cases where he fails to make the 

 proper publication of his connection with the concern. 



Silver Certificates. Those issued against standard 

 silver dollars deposited in the treasury, in denomina- 

 tions of $1, $2, $5, and 10, and higher denominations. 

 Not legal tender but receivable for public dues. 



Slander. The malicious defamation of a nan by 

 word of mouth, analogous to libel, which is slander by 

 writing. 



f olicitor. One who solicits ; a lawyer or advocate in 

 a court of chancery. 



Solvency. Ability to pay all debts. 



Special Pleading. When the pleadings in au action 

 are not in the ordinary form.but are of a more complex 

 character, they are termed special pleadings. 



Specific Performance. A remedy in equity, to c< 

 pel the performance of a contract according to it 

 terms, instead of proceeding at law to recover damages 



^Specialty. A writing sealed and delivered, contain- 

 ing some agreement. 



