Page:Black's Law Dictionary (Second Edition).djvu/1018

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REHABERE FACIAS SEISINAM

REHABERE FACIAS SEISINAM. When a sheritf in the "haliere facias sei- sinum" had delivered seisln of more than he ought, this judicial writ lay to make him restore seisin of the excess. Reg’. Jud. 13, 51, 54.

REHABILITATE. In Scotch and French criminal law. To reinstate a criminal in his personal rights which he has lost by a judicial sentence. Biande.

REHABILITATION. In French and Scotch criminal law. The reinstatement of a criminal in his personal rights which he has lost by a judicial sentence. Brande.

In old English law. A papal bull or brief for re-enabling a spiritual person to ex- ercise his function, who was formerly dis-

abled: or a restoring to a former ability. Cowell. REHEARING. In equity practice. A

second hearing of a cause, for which a party who is dissatisfied with t.iie decree entered on the tormer hearing may apply by petition. 3 Bl Comm. 453. See'Belmont v. Eric R. Co., 52 Barb. (N. Y.) 651; Emerson v. Davies, 8 Fed. Cas. 626: Read v. Patterson, -14 N. J. El]. 211, 14 Atl. 490. 6 Am. St. Rep. 877.

REI INTERVENTUS. Lat. Things intervening; that is. things done by one of the parties to a contract. in the faith of its va- lidity, and with the assent of the other party, and which have so nifected his situation that the other will not be allowed to repudi- ate his obligation, although originally it was imperfect, aud he might have renounced it. 1 Bell, Comm. 328, 329.

Rei tlu-pin nulluni niandntuni eat. The mandate of an immoral thing is void. Dig. 17, 1. G. 3. A contract of mandate requiring an illegal or immoral act to be done has no legal obligation. Story, Bnllm. 5 158.

REII‘. A robbery. Cowell.

REIMBURSE. The primary mmning or this word In “to pay back." Philadelphia Trust, etc., Co. v. Audenreid, 83 Pa. 264. It means to make return or restoriition of an equivalent for something paid. expended, or lost; to indemnify, or make whole.

RI-JINSTATE. To place again in a former stzite, condition, or office; to restore to a state or position from which the object or person had been removed. See Collins v. U. S., 15 Ct. Cl. 22.

REINSURANCI-J. A contract of reinsurance is one by which an insurer procures 11 third person to insure him against loss or liability by reason of such original insurance. Ch. Code Cal. § '_'(‘-44;. And see People v. Miller, 177 N. Y. 515, 70 N. E. 10; Iowa L.

1010

RELATION

Ins. Co. v. Eastern i\Iut. L. Ins. 00.. 64 N. 1. Law. 340. 45 Ati. 762; Chaizii-on v. Insur ance Co., 48 La. Ann. 1582. 21 South. 267. 36 L. R. A. 742; Philadelphia Ins. Co. v. Washington Ins. Co., 23 Pa. 253.

Reipuhlicm interest voluntater defunctorum eflectnm sortiri. It concerns the state that the wills or the dead should have their effect.

REISSUAELE NOTES. Bank-notes which, after having been once paid, may again be put into circulation.

RI-JJOIN. In pleading. To answer I piaintifi"s replication in an action at law, by some matter of fact.

REJOINDER. In common-law pleading. The seunid pleading on the part of the defendant, being his answer of matter or fact to the plaintiff's replication

REJOINING GRATIS. Rejoining voi- untarily, or Without being required to do so by a rule to rejoin. When a defendant was under terms to rejoin gratis, he had to de- liver a rejoinder, without putting the plaintiff to the necessity and expense of obtaining a rule to rejoin. 10 iiiees. & W. 12; Lush. Pr. 396: Bi'own.

Relatio est flctio jut-is et intents, ad uniini. Relation is a fiction of law, and intended for one thing. 3 Coke, 28.

Relatio senuier flat ut valeat dispo- aitio. Reference should always be had in such a manner that a disposition in 21 mil may avail. 6 Coke, 7!‘.

RELATION. 1. A relative or kinsman; ll person connected by consanguinity or amn- ity.

2. The connection of two persons, or their situation with respect to each other, who are associated, whether by the law, by their own agreement, or by kinship, in some soLial status or union for the purposes of domestic life; as the relation of guardian and ward. husband and wife, master and servant. parent and child; so in the phrase "domestic relations."

3. in the law of contracts, when an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, if a man deliver a deed as an escrow, to be delivered, by the party holding it, to the grantor. on the perform- ance of some act, the delivery to the latter will have relation back to the first delivery. Termes de la Ley. See U. S. v. Anderson, lfil U. S. 394, 24 Sup. Ct. 716, 48 L. Ed. 1035; Peyton v. Desmond, 129 Fed. 11, 3 C. C. A. 631.

4. A recital, account, narrative of facts:

information given. Thus, suits by two um-