R. RACK RENT, ii, ch. 55, a. 4. 4. Is the full value of the estate or nearly so. IV, ch. 125, a. 5. 40 Lessee at rack rent is a purchaser for a valuable consideration. RAILERS, common, how punished, vii, ch. 206, a. 4. 2. RANSOM; case of, ii, ch. 40, a. 7; Havelock's case. Underwriters liable for, 15. RAPE, vii, ch. 216, a. 5. Is violently, and feloniously, carnally to know a woman against her will, 1. Material words in the indictment, 1; and as to an infant under ten years of age, 1. Differently punished at different times, 2. Material parts of Massachusetts act of March 13, 1805, 2, 4, 5; of February 16, 1816; of March 16, 1785, 6; of 1697, 7; of the Colony law, 8. A boy under fourteen is incapable of this crime; if the woman yield on menace of death does not excuse, 9. The party ravished is a witness, 10. The child may be heard &c., 11. How punished anciently, 12, 13. Sometime only a trespass, 14. As to emission, 14. A witness, iii, ch. 98, s. 7, 11. VI, ch. 186, a. 5. 8. How rape at sea is within the admiralty jurisdiction; how the female's character when a witness is impeachable, iii, ch. 84, a. 2. 9. RAPINE. See Robbery. RASCAL. To call one rascal is not actionable, ii, ch. 63, a. 4. 3. RASURE or erasure, iii, ch. 86, a. 3. If the obligee alter the deed, even in a part not material, he avoids it; but a stranger avoids it only by altering a material part; and it is not the deed executed, if afterwards, a material blank is filled even by consent; rules and cases, 16. Rasure or any alteration that avoids the deed, is in evidence on non est factum, 8. To alter the date of a note avoids it, 16. But to fill a blank with a word the law implies does not affect the contract, 16. III, ch. 90, a. 10. To alter the date of a note to hasten its payment, avoids it, 18; iv, ch. 107, a. 1. 15. may IV, ch. 121, a. 2. On non est factum, deft. in covenant may shew some of the covenants have been erased or altered, 6. Or may plead it, 6. If a stranger erase an immaterial word, it be a question of law if it avoids the deed, 6. See cases, v, ch. 139, a. 8. 8. How adding a fourth obligor avoids a bond, v, ch. 162, a. 2. V, ch. 162, a. 2. If a deed be altered by erasure or interlineation &c., non est factum is a proper plea, iv, ch. 121, a. 2. V, ch. 144, a. 7. 8. IV, ch. 125, a. 7. 12. will do not invalidate it; Where erasure avoids &c. Ineffectual rasures and interlineations in a as alterations attested by two witnesses only intended to include after purchased lands. Fact of, tried by the jury; the materiality, by the judges, vi, ch. 182, a. 5. 5. RATES. See Assessments, Distresses, and Taxes. RAVISHMENT, writ of, ii, ch. 35, a. 3. have it for carrying away his child, 15. How the father may REAL ESTATE. See Estates. And real actions. See Actions, Ejectment; also Land Actions. REASON, law of, v, ch. 148, a. 7. 2. No prescription, statute, or custom can prevail against it; written on every one's heart, teaching what is to be done and what avoided, vi, ch. 187, a. 18. 46. When superior to revelation, v, ch. 148, a. 7. 2. See Con science. REASONABLE TIME, i, ch. 17, a. 7. When an act is to be done, as to tender &c. and time named; it is to be in a reasonable or convenient time. See Notice and Request, iv, ch. 117, a. 5. 12; vi, ch. 177, a. 9. 5 &c. REASSURANCE, ii, ch. 40, a. 18. What is, 1. Void by statute, the assured cannot recover back the premium, 2. REBELLION. If rebels rescue a prisoner on execution it is no excuse to the officer, ii, ch. 49, s. 24. Nor in mesne process after the prisoner is once imprisoned, 2. See Riots, Insurrection. REBELLIOUS and stubborn children &c. ; how punished formerly, v, ch. 197. REBUTTER. Plea specially shewing how the plt. is rebutted by a warranty descended upon him, iv, ch. 124, a. 5. IV, ch. 124, a. 2. One in the post, or a stranger cannot vouch on a warranty, but he may rebut, 2. IV, ch. 124, a. 5. Material difference between voucher and rebutter, 1. This is to defend, 1. This is to aid, 1. Who may rebut; cases, and principles of them, 1. One possessing the land only may rebut now, 1. Otherwise formerly, 1. As he may defend his possession if a warranty descend on several co-heirs, each and all are rebutted and barred, 2. Principle applies in our practice, 2, 3. Wife may be rebutted by a collateral warranty descended on her husband, 4. This rebutter is a common law principle, 7. IV, ch. 124, a. 6. How rebutter is limited by statute, 1. Where a warranty is made void by statute it cannot be used as a rebutter, 2. A rebutter is allowed to prevent a circuity of action, 3. So no rebutter where no circuity of action, 3; explained, 3. Rebutter in pleading. See Pleadings. IV, ch. 135, a. 5. 14, where a warranty was no rebutter; cases. IV, ch. 115, a. 1. 15, 16, &c. ; cases. RECAPTURE; how it destroys the effect of capture, vii, ch. 227, s. 10. Is one of the remedies by act of the party; and where it may be, i, ch. 2, a. 2. VII, ch. 227, s. 49 &c. Salvage in cases of recapture. Effect of re-recapture, vii, ch. 224, a. 11. 8. After condemnation, vii, ch. 224, a. 2. 3. RECEIPTS. One's receipt is not the best evidence where he can be had as a witness; Giles v. Wood, iii, ch. 90, a. 1. 22. Parol evidence to explain one in full, iii, ch. 93, a. 3. 14; and iii, ch. 101, a. 5. 2. Words of it restrained by the occasion a receipt is not within the rule which does not allow parol evidence to explain writings, iii, ch. 93, a. 3. 9. 14; v, ch. 152, a. 2. 6; i, ch. 20, a. 21. 52. RECEIVER, who is, i, ch. 8. a. 1. What and how accountable, id. Never receiver pleaded in bar, i, ch. 8, a. 4. 1. See Account, vi, ch. 178, a. 3. RECEIVING STOLEN GOODS. See Larceny, vii, ch. 214. RECITALS IN DEEDS &c., iii, ch. 101, a. 2. 27. A covenant may be by recital; and Severn v. Clarke & al. 27, 30. V, ch. 160, s. 12. Generally recitals are no estoppels; except if a deed recite a particular fact it is one, as this fact is confessed, 26; further cases. RECLAIMED ANIMALS. See Fera Naturæ, iii, ch. 72, a. 1; iv, ch. 133, a. 3; iii, ch. 76, a. 9. RECOGNISANCE. See Bail and Recognisance. RECOLLECTION of a witness; he may aid his memory by papers; but he must recollect the facts, iii, ch. 80, a. 1. 35. RECORDING DEEDS in Massachusetts, several statutes as to, in the Colony, Province, and Commonwealth, i, ch. 108. Gives them no new effect is a ministerial act, vi, ch. 186, a. 2, 56. Where equal to giving possession, vi, ch. 223, a. 11. 45. RECORDS, iii. ch. 81, a. 2; iii, ch. 81, a. 3. Public records. See Books of Public Records. And copies used, how pleaded, iv, ch. 121, a. 5. 10. Amendable, vi, ch. 185, a. 3. Are the highest evidence, iii, ch. 95, a. 1. 1. Not to be contradicted or even to vary the sense of them, 1. At most they can but be explained by other evidence, 1. A writ filed by a justice of the peace and referred to in his record is a record, 2. Several general rules as to what are records, 3; and how copies attested are evidence, 3. May be altered or amended by superior courts before judgment by inferior courts, during the term, however adjourned; and the whole session is one day in law, 4, 5. How copies of records are to be proved, especially those sent abroad, of the United States and individual States, 7. How copies made evidence, 8. III, ch. 95, a. 2. English cases; if the existence of the record be denied, it shall be tried by itself, 1. Generally a record is not conclusive as to time, unless the jury fix it, 1. What is against the record or not; cases, 2, 3, 4. Parol evidence not admissible to prove the record has been amended, but is to prove it has been corrupted, 3. III, ch. 95, a. 3. American cases; is against the record for a juror to testify he did not agree to the verdict; but is a witness to prove gross misbehaviour in the jury, 1. Statute of one State, how proved in another, 3. A clerk enters up judgment by a wrong name, how amended, 4. Record of a court of another State must be attested according to the acts of Congress, May 26, 1790; March 24, 1804, 5. The record binds only the point in issue on it, 6. Sureties having notice of a suit against an officer are estopped by the record in it, 7. Statutes as to, 8. When covenants are to be performed of record, performance must be pleaded of record, iv, ch. 121, a. 3. 18; a. 4. 17, as to levy a fine &c.; a. 5. 10, matters of, pleaded, plea concludes, as appears of record. IV, ch. 121, a. 5. an issue on each. V, ch. 138, a. 3. See Courts. If several records be pleaded there must be Certiorari, courts of, what; and vi, ch. 187. V, ch. 166, a. 1. Matters of record in bar; no fact can be averred against the record, 1. Proved by itself, 1. All parties and privies are estopped by it, 1; and by the time fixed by the jury, of a forfeiture, 1. Foreign judgment is no record, 1. If a record be lost the court may order a new one, 1. V, ch. 166, a. 2. Matters consisting with the record may be averred; what consists with it, 1, 2. A material fact may be alleged against a part of a record true by fiction, 3. As by fiction a writ is of the preceding term to make it valid, fiction cannot be contradicted, 3. But true time of suing it out is averrable to every other purpose, 3. Blank in it may be filled, 3. True time of an enrolment proved, 4; and tried per pais, 4. Record being but inducement is in evidence, 4. Judgment and record in felony altered the same term, 4. V, ch. 166, a. 3. When a record may be altered; generally during the term, 1. While all is in paper, 1, 2, 3, 4. While in paper the amendment is at common law, 4, 5. Ad damnum ainended after error brought, 6. Judgment altered in replevin after error, 7. One against an executor amended or altered, 8. Amendment after removal, 9. V, ch 166, a. 4. Record entered, and one pleaded same in substance; judgment laid of one term, and one of another, materially variant, 1. So more or fewer persons parties; so if for different parcels, 1. Other cases of material variance &c., 2, 3, 4. An immaterial variance is no failure of record, 5, 6. V, ch. 166, a. 5. Record of a former judgment in bar. See Former Judgments. Trials by, vi, ch. 182, a. 5. 1. See Trials. What is not a part of the record, vi, ch. 187, a. 7.41. RECOVERY. See Common Recovery. RECOUPE; where a party may recoupe or retain, v, ch. 151, a. 9. 4. Even a disseizor may recoupe in some cases. REDDENDO SINGULA SINGULIS. See Maxims. REDDENDUM, of rent, covenant lies on, iii, ch. 101, a. 4. 5; as rendering rent is an agreement to pay it; but in a lease, not a contract to pay rent while the land remains debtor, v, ch. 151, a. 2. 2. REDEMPTION. See Equity of Redemption, and Mortgages, iv, ch. 112. REDICENDO. See Arrests, ii, ch. 65, a. 4 &c. REDISSEIZIN, a special English process, not adopted in our practice, iv, ch. 178, a. 21. 16 to 20. Redisseizin viewed as a contempt of court; part of the English process is for the sheriff on the land to inquire by jury of the redisseizin, double damages &c.; sometimes called post disseizin; other points. REDRESS, by acts of the parties, i, ch. 2. Various rules and cases. See Remedy. By recapture, i, ch. 2, a. 2. By re-entry on land, a. 3. By abating nusances, a. 4. By taking chattels damage feasant, a. 5. By accord and satisfaction, a. 6. By arbitration, a. 7. See those heads. RE-ENTRY. See Entry, and Lifford's case, v, ch. 104, a. 3. 24; and Seizin; also Forfeiture, v, ch. 136. Re-entry, v, ch. 151, a. 12; iv, ch. 132, a. 3. 18. See Entry and Possession. RE-EXCHANGE. See Bills and Notes, i, ch. 20, a. 20. 48. How computed &c. REFERENCE; covenant limited materially in its construction, by its reference to a will, iii, ch. 101, a. 3. 5. III, ch. 109, a. 8. 10. If a policy refer to printed proposals, they are a part of it; to a plan referred to in a deed is a part of it; an award made certain by, i, ch. 13, a. 8. REFER; if it be part of a contract to refer a matter, yet the party may sue on it, v, ch. 139, a. 5. 6; though no offer to refer, and the plt. even refuse to refer. REFUSAL; tender pleaded to the party present, refusal must be laid; that only is traversable; and it is refusal that makes payment, v, ch. 170, a. 2, r. 9, 13. REGISTER OF PROBATE. See Probate. His certificate for the sale of land, iii, ch. 82, a. 2. 2. Copies attested by him, evidence, iii, ch. 82, a. 2; iii, ch. 96, a. 6. REGISTER OF SHIPS, not evidence of property, i, ch. 32, a. 3. 6. REGISTRY OF DEEDS; our registry of a deed is in the place of livery of seizin, Marshall v. Fisk, iv, ch. 104, a. 3. Is requisite only against him who has no notice of it; and if not registered, has the effect of a feoffment, if the grantee enter under it as to the grantor and heirs, and all who have notice of it, id. ; and point 13. IV, ch. 109, a. 7. Marston v. Hobbs, 2; the registry of our deed supplies the place of livery of seizin only where the grantor has a |