- Deland.—Many of the records perished during, the wars prior to the final reduction of Ireland, and those which survived these cornmotions were long exposed to mutilation and destruction from the unsatisfactory arrangements for their custody. A commission was appointed in 1810 for the preservation and arrangement of the Irish records, whose labors, conducted with considerable success, were terminated by the revocation of the commission in 1830. In 1847 commissioners were again appointed to investigate the state of the records, in consequence of whose labors a bill for their safe custody was prepared, hut afterward abandoned. There is no general place of custody for the records of Ireland, which are scattered in different repositories in Dublin. several vol umes of calendars front the Irish patent and close rolls have been published under the direction of the master of the rolls.
RECOUI'MEN'l', the right of a defendant to demand dammiges in the same action of the plaintiff, because the latter has violated some legal duty in the ease, or has not fa Illled some cross-obligation of the contract. ' Formerly it denoted a diminution of the plaintiff's claim on account of partial or entire payment; whereas in moddrn use it sig nifies a reduction of damages. For the purpose of reducing the damages, the defendant may show any violation of the contract by the plaintiff which tends to snake the con sideration less valuable. The defendant must, however, bring an independent action for immediate or indirect damages other than as above specified. The damages recouped
may be for tort; but the tort must be a breach of the contract, and malice will not be taken into account in estimating the damages. The defendant cannot have judgment for the excess of the damages recouped over the plaintiff's claim: and he cannot bring suit to recover such excess. Unless there are statutes to the contrary, the defendant may bring an independent suit, or plead his cross-demand in recoupment, as lie chooses: and he may plead in recoupment the same damages upon which he has already brought suit. Ile may, however, be compelled to say upon which remedy he will rely. Under the New York codes and the other codes resembling it, the general issue being abolished, the defendant must plead.his defenge, whether to the whole claim or simply in reduction of damages. It has been held in New York, Arkansas, and elsewhere, that recoupment does not apply to real estate, and that the defendant, in a suit against him for the pur chase money, cannot recoup because his title has partially failed. But it seems that he has such right after eviction. Failure of title is not the same thing as failure of con sideration., The consideration of a deed with covenants fails only when the covenantee is damaged on the covenants, and he can recoup after eviction. But it has been held that the vendee may recoup on the covenants where the consideration has failed.