Page:Black's Law Dictionary (Second Edition).djvu/1002

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REASONABLE 994 REBUTTER  

REASONABLE. Agreeable to reason; just; proper. Ordinary or usual. —Reasonable act. Such as may fairly. justly, and reasonably be required of a party.—Reasonable and probable cause.}} Such grounds as justify any one in suspecting another of a crime, and giving him in custody thereon. It is a defense to an action for false imprisonment. {{anchor+|.|—Reasonable creature. Under the common-law rule that murder is taking the life of a "reasonable creature" under the king's peace,


and proclamation, a “commission of rebellion" issued against him. 3 Bl. Comm. 444. —Rebellion, commission of. In equity practice. A process of contempt issued on the nonappearance of a defendant.

REBELLIOUS ASSEMBLY. In English law. A gathering of twelve persons or more intending, going about or practicing unlawfully and on their own authority to change any laws of the realm; or to destroy


human being, and has no reference to h_is_rncntal condition, as it incliriilrés a l§unatiqc, an ldioj, and the mcmsm-9 of any park or 3.-“Una mews. \l‘l.1 an unborn Cii . ee state v. ones, _ _ ‘Walk. (Miss.) 85.—Reasonable part. In old °d- ban“ °f 55“ P0“-K 90°15» '-‘°“d““5- °‘°'-

English h,w_ That sham hf ,, mm-5 gouds to the intent the same shall remain void: or whic_h the law gave to his wife and children aft- that they shall have way in any of the said 91' his d9¢*>“e- 2 31- C°mm~ 493 grounds; or to destroy the deer in any park. As to reasonable “Aids," “Gare," “Dili- 551" 111 P0055» 003935 in 5-“Y ‘Vi“T91J- 5'3"?‘

geuceyn ..D0uht'n ..N°flce’n uShm_u and houses, em; or to burn sacks of corn; or --Thhe'-- see those fit1a_ 3) abzllte rents or prices of victunis. etc. See

owe l.

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REASSITRANCE. This is where an insurer procures the whole or a part of the sum which he has insured (E. 0., contracted to pay in case of loss, death, etc.) to be in— sured again to him by another person. Sweet.

REBBOUTER. To repel or bar. The action of the heir by the warranty of his ancestor is calied "to rebut or repel." 2 Co Litt. 247.

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REBUS SIC STANTIBUS. Lat. At REATTACHMENT_ A second attach. this point of ultnirs: in these circumstauo-I ment of him who was formerly attached, uud dismissed the court without day, by the REBU'I‘- In pleading and evidence To not coming of the just)‘-es) or some such rebut is to defeat or take away the effect of casualty. Reg. Orig. 35. something. Thus, when a plaintiff in an action produces evidence which raises a pre- REBATE Dlscouhh reducing the m_ snmption of the defendant's liahlchty, and terest of money in Consldemfioh of prompt the defendant adduces evidence which shows pay ment. Also a deduction from a stipuiat- tn“ the preS“mD“°" 15 m‘t°““dEd' he '3 ed premium on a policy of insurance, in pnr- sum '50 "rebut IL" Sweet" suance, of an antecedent contract. Also a I“ the °1‘1 law °f ‘€51 p'°17e"5’- '5° rebut deduction or drawback from a stipulated “'35 '5° repel °r 17*“ a "”‘1m- Th“: “he” 3 payment. charge, or rate. (as, a rate for the 1’"s‘’“ was sued for land which hfld been u.,msI,O"afi0h of fl-elght by a mhmam) not warranted to him by the plaintiff or his antnlren out in advance of payment, but haud- °°5t°“- and he pleaded the “"“'““‘t3’ 35 3 ed hack to the payer after he hm Dam the defense to the action. this was called a "re- ghn sflpulnted sum, butter." Co. Litt. 3650,; Termes de la Ley. —R-abut an equity. To defeat an apparent REBEL‘ T“ ‘W9 °’ ""9" ‘S -“W” ‘° §?i§§§'éi°sEi§n'3in°g'¢EL”2‘“in 'iie"$§.ii§Ei§§“2‘§fci,£§ an Sumac” Wm’ unjustly take up arms stances, there is no éround for such equity to flglllnst the ruler of the society. [or the law- attach, or Lhat it is overridden by a superior or ml and constitutional government.] whether cuunten-ailing equity. See 2 Whurt. Ev. § 973. their view he to deprive him of the supreme authority or to resist his lawful comm-ands REBUTTABLE PRESUMPTION. in in some particular instance, and to impose tho law of evidence A presumption which conditions on him. Vatt. Law Nat. hk. 3, may be rebutted by evidence. Otherwise § 2823. called a "disputahie" presumption. A spe cles of legal presumption which holds good REBELLION. Deliberate, organized re until disproved. Best, Pres. 5 25; 1 Greeni sistauce by force and arms, to the laws or Ev. 5 33. operations of the government. committed by a subject. See Hubbard v. Harnden Exp. REBUTTAL. The introduction of rebut» 00., 10 R. I. 247; State v. McDonald, 4 Port. ting evidence; the stage of a trial at which (Ala.) 455; Crashiey v. Press Pub. 00., 74 such evidence may be introduced: also the App. Div. 118, 77 N. Y. Supp. 711. rebutting evidence itself. Lux v. I-Inggin. 69 In old English law, the term "rebellion" Cal. 255. 10 Pac. 674. was also applied to contempt of a court man- ifestcd by disobedience to its process, par- RI-IBUTTER. In pleading. A defend

tlcuiarly of the court, of chuncery. If a de- nnt's answer of fact to a plaintiffs surrefendant refused to appear, after attachment joinder; the third pleading in the series on