Recital

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Recital

A formal statement appearing in a legal document such as a deed that is preliminary in nature and provides an explanation of the reasons for the transaction.

The recital in a deed, for example, might indicate the reasons why the owner is selling the property.

In Pleading, a recital is the statement of matter that is introductory to a positive allegation; it begins with the words, "For that whereas …" and is followed by the claim of the party.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

RECITAL, contracts, pleading. The repetition of some former writing, or the statement of something which has been done. Touchst. 76.
     2. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that when a deed of defeasance recites the deed which it is meant to defeat, it must recite it truly. Cruise, Dig. tit. 32, c 7, s. 28. In other cases it need not be so particular. 3 Penna. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com. Dig. Fait, E 1.
     3. A party who executes a deed reciting a particular fact is estopped from denying such fact; as, when it was recited in the condition of a bond that the obligor had received divers sums of money for the obligee which he had not brought to account, and acknowledged that a balance was due to the obligee, it was holden that the obligor was estopped to say that he had not received any money for the use of the obligee. Willes, 9, 25; Rolle's Ab. 872, 3.
     4. In pleading, when public statutes are recited, a small variance will not be fatal, where by the recital the party is not "tied up to the statute;" that is, if the conclusion be contra formam statuti praediti. Sav. 42; 1 Chit. Crim. Law, 276 Esp. on Penal Stat. 106. Private statutes must be recited in pleading, and proved by an exemplified copy, unless the opposite party, by his pleading admit them.
     5. By the plea of nul tiel record, the party relying on a private statute is put to prove it as recited, and a variance will be fatal. See 4 Co. 76; March, Rep. 117, pl. 193; 3 Harr. & McHen. 388. Vide. generally, 12 Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig. Testemoigne Evid. B 5; 4 Binn. R. 231; 1 Dall. R. 67; 3 Binn. R. 175; 3 Yeates, R. 287; 4 Yeates, R. 362, 577; 9 Cowen, R. 86; 4 Mason, R. 268; Yelv. R. 127 a, note 1; Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; 7 Halst. R. 22; 2 Bailey's R. 101; 6 Harr. & Johns. 336; 9 Cowen's R. 271; 1 Dana's R. 327; 15 Pick. R. 68; 5 N. H. Rep. 467; 12 Pick. R, 157; Toullier in his Droit Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject with his usual ability. 2 Hill. Ab. c. 29, s. 30; 2 Bail. R. 430; 2 B. & A. 625; 2 Y. & J. 407; 5 Harr. & John. 164; Cov. on Conv. Ev. 298, 315; Hurl. on Bonds, 33; 6 Watts & Serg. 469.
     6. Formerly, in equity, the decree contained recitals of the pleadings in the cause, which became a great grievance. Some of the English chancellors endeavored to restrain this prolixity. By the rules of practice for the courts in equity of the United States it is provided, that in drawing up decrees and orders, neither the bill, nor the answer, nor other pleading nor any part thereof, nor the report of any master, nor any other prior proceedings, shall be stated or recited in the decree or order. Rule 86; 4 Bouv. Inst. n. 4443.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
For more information on the organ recitals or any other events contact members of the church on stoswaldsoswestry.
Four-hands piano recital by Leoni Hadjithoma and Borislav Alexandrov.
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I've also started hosting recitals at student homes the past few years.
The recital, held last May 28 at the Theatre at Solaire, presented her students from both the Paranaque main studio and from the British School of Manila, who danced like seasoned performers.
The second half of the recital opened with Chopin's "heroic" Polonaise in A flat major.
Apart from Stephen Kovacevich's recital the festival have also arranged other concerts during Piano Week given by the faculty: They include recitals by Warren Mailley-Smith and Yuki Negishi on July 31 at 6.30pm; Sachika Taniyama at midday on August 1 and Alexander Karpeyev at 6pm the same day.
The final piano recital will feature Stefan Cassomenos of Australia.
The final recital on Saturday October 5 will mark the anniversary of the installation of the Lillington organ in 1936 - the current organist, Michael King, will perform.
A RECITAL of music by William Byrd will be held on Sunday to celebrate the centenary of Liverpool Cathedral's Lady Chapel.
In their classic book The Art of the Song Recital, Emmons and Sonntag identified the college/university campus as the last bastion of the song recital: "the university is now the only place economically feasible, in which to restudy and revive the recital form." (1) Since the book's initial publication in 1979, interest in song recitals has rekindled, thanks to organizations such as The Marilyn Horne Foundation, The Lotte Lehmann Foundation, and numerous committed artist performers.