Page:The New International Encyclopædia 1st ed. v. 17.djvu/68

KEQUISITIONS. 52 Fines may hv levii'd by the invading commander to secure the safety of his communications and his troops. Cousul't: "Instruetions for the Gov- ernment of the Armies of the United States in the Field." aeinni} Order Xo. 100, Adjutunl III Herat's 0/Jice (War Department, Wasliington, 18U3); also "Brussels ililitary Code," in Pro- ceedings of Brussels Conference (Brussels, 1874) ; and "llaRue .Military Code," in Proceedings of the lla(/iie Voiifcrenee (The Hague, 1898). REREDOS (OF., behind the back). The wall at the back of an altar, seat, or large fireplace. Ill churches the rercdos is usually in the form of a screen detached from the choir. It is of two forms: a slight iiiovable screen, and a permanent heavier structure. The custom did not become common until the position of the priest at the altar clianged. toward the twelfth century, so that his hack was turned to the congregation. ICarly ones were often merely hanging tapestries on rods; some were screens of gohl and silver re- liefs rising at the back of the altar, like the Pala d'Oro at San Marco, Venice, and that at San Jacopo, Pistoia, while others were of carved ivory, like one in the Cluny Museum (Paris), The" architectural screens, with niches, statues, marble reliefs, and paintings, are especially fine in F.nglish and 8|ianish churches. The reredos corresponds somewhat to the choir-screen pre- viously used in the West and still used in the Greek and Russian churches between the altar and the congregation. RERESBY, rerz'bi. Sir .John (1634-80). An Knglish liistorian, born in Thribergfli, Yorkshire, lie entered Trinity, Cambridge, but left almo.st immediately for Gray's Inn; traveled on the Continent for several years, and after the Resto- ration served as high sheriflf of Yorkshire, then for several years in the House of Commons, and ( I()S2 sqq.) as governor of Y'ork. He was an able politician and fiu-esaw .James's fall in time to save himself and make favor with William of Orange. His Memoirs (1734) and Travels print- ed with the Memoirs (1813^ 1821, 1831) are very valuable documents for the history of the time. RESACA DE LA PALMA, ra-sa'ka da la piil'ma. 15.TTI.K of. A sjioit but hotly contested engagement, fought on May 1), 184(5. during the Me.vican War. between about 5000 Jlexicans under General Arista and about 2300 Americans under General Taylor, which ended in the defeat of tiie Jlexicans. The ravine in which it oc- curred, covered by a thick growth of palm trees, is in Cameron County. Texas. 4 miles north of prownsville, on the Point Isabel road. The Americans lost 30 killed and 83 wounded, the IMexicans about 100 killed, 228 wounded, and mo mis-iing. though by some writers the total number of killed, wounded, and missing has been given as 1000. Con.sult: Bancroft, History of Meoci- eii, vol. V. (San Francisco. 188.5) ; and Howard, Life of Genrrnl Trijjlor (New I'ork, 1802), in the "Great Commanders Series," See Mexican W.R. RESAL, ra'zal', Henry Am:6 (1828-96), A French mathematician and engineer, born in Plonibi&res (Vosges), and educated at the Ecole Polytechnique and at the School of Mines. He sei-ved for fifteen years as departmental engineer of Doiibs, gaining some repute there for his work on the mathematics of geology; became RESCISSION. luofessor of mechanics in the Polytechnique in 1870; was elected to the Academy uf Sciences in 1873 ; and in 1888 was appointed inspector general of mines. Resal wrote many valuable memoirs on mechanics and physics. His pub- lished work includes: Traite de irindmatitiue t)ure (18()2); Traite de micaniqtie v6lcstc (1805; 2d ed. 1884) ; Traili de mccanique generalc (1873-89); Traits des surfaces (1891); and a French version of Salmon's Analytical Geom- etry (1870). RESCISSION (Lat. reseissio, a cutting oH', re- treiiclniieiit. from rescindere, to cut oil, from re-, back again, anew + scinelere, to cut) . In law. the reseiiuliiig or setting aside of a contract, either by mutual agreement of the parties to it, or b.- direction of a court of equity because of some legal defect in the contract. See Contr.ct. In the case of rescission not depending on mutual agreement, the right to rescind may be based either upon fraud or mistake in the in- ception of the contract. The right of rescission on ground of fraud arises as soon as the party who is entitled to rescind has notice of the fraud. If. with full knowledge of the fraud, he continues to act under the contract or pursuant to its terms, he will be deemed to have approved the contract and to have waived his right of rescission. Upon rescission of the contract he is entitled to com- pel a restoration of property which he has given as performance of the contract on his part or to recover its money value in a quasi- contract action. He cannot, however, recover the property so given from third parties who are purchasers for value without notice. See Fraud ; Equity. A court of equity, however, will disregard the parol-evidence rule as to written contracts (see EviuENCE) it it finds that there was •actually no agreement or meeting of the minds of the parties as to the term of the contract, and it will compel a surrender and cancellation of the written contract and a restoration of the parties to the contract to their original positions. This form of relief is technically known as rescission, although its real purpose is to render non- etl'ective written evidence which has been im- properly obtained or given. In case of all ver- bal contracts one entitled to rescind may do so without the aid of a legal proceeding by merely giving notice. This right, although equitable in character, is recognized and enforced at law. Upon giving such notice to the other party to the contract it is thereupon deemed to be at an end; and the party rescinding the contract is entitled to receie back the money or property which he has given under the contract, the title to the money or property being revested in him by operation of law as consequence of the rescission. He may not lawfully take the property forcibly, however (see Remedy), but may at his election bring an action in quasi contract for the value of his performance under the contract, or trover for damages for refusal to return property, or replevin to recover the property itself. As a condition precedent to rescission he should also return any money or property which he has re- ceived under the contract. In case of all contracts, whether written or verbal, if one entitled to rescind the contract on ground of fraud is sued upon the contract, he may set up the fraud as a defense. Fraud is strictly an equitable defense, but it has been