RECLAIM1. To demand again, to insist upon a right; as, when a defendant2 for a consideration received from the plaintiff, has covenanted4 to do an act, and fails to do it, the plaintiff may bring covenant3 for the breach5, or assumpsit to reclaim the consideration. 1 Caines, 47.
RECOGNITION, contracts. An acknowledgment that something which has been done by one man in the name of another, was done by authority of the latter.
2. A recognition by the principal of the agency of another in the particular instance, or in similar instances, is evidence of the authority of the agent, so that the recognition may be either express or implied. As an instance of an implied recognition may be mentioned the case of one who subscribes6 policies in the name of another and, upon a loss happening, the latter pays the amount. 1 Camp. R. 43, n. a; 1 Esp. Cas. 61; 4 Camp. R. 88.
RECOGNITORS, Eng. law. The name by which the jurors impanneled on an assize are known. Barnet v. Ihrie, 17 S. & R. 174.
RECOGNIZANCE, contracts. An obligation of record entered into before a court or officer duly authorized7 for that purpose, with a condition to do some act required by law, which is therein specified8. 2 Bl. Com. 341; Bro. Ab. h. t.; Dick. Just. h. t.; 1 Chit. Cr. Law, 90.
2. Recognizances relate either to criminal or civil matters. 1. Recognizances in criminal cases, are either that the party shall appear before the proper court to answer to such charges as are or shall be made against him, that he shall keep the peace or be of good behaviour. Witnesses are also required to be bound in a recognizance to testify.
3. - 2. In civil cases, recognizances are entered into by bail9, conditioned that they will pay the debt, interest and costs recovered by the plaintiff under certain contingencies10. There are also cases where recognizances are entered into under the authority and requirements of statutes11.
4. As to the form. The party need not sign it; the court, judge or magis-trate having authority to take the same, makes a short memorandum12 on the record, which is sufficient. 2 Binn. R. 481; 1 Chit. Cr. Law, 90; 2 Wash. C. C. R. 422; 9 Mass. 520; 1 Dana, 523; 1 Tyler, 291; 4 Verm. 488; 1 Stew13. & Port. 465; 7 Vern. 529; 2 A. R. Marsh14. 131; 5 S. & R. 147; Vide generally, Com. Dig. Forcible Entry, D 27; Id. Obligation, K; Whart. Dig. h. t. Vin. Ab. h. t.; Rolle's Ab. h. t.; 2 Wash. C. C. Rep. 422; Id. 29; 2 Yeates, R. 437; 1 Binn. R. 98 , note 1 Serg. & Rawle, 328 3 Yeates, R. 93; Burn. Just. h. t. Vin. Ab. h. t.; 2 Sell. Pract. 45.