Blacks Law Dict. 1st ed

RATIONE TENURE

RATE OF EXCHANGE

995

BATIO LEGIS. The reason or occasion of a law; the occasion of making a law. Bl. Law Tracts, 3. Batio legis est anima legis. Jenk. Cent. 45. The reason of law is the soul of law. Batio potest allogari defloiente lege; sed ratio vera et legalis, et non appa rens. Co. Litt. 191. Reason may be al leged when law is defective; but it must be true and legal reason, and not merely appar ent. BATIONABILE ESTOVEBIUM. A Latin phrase equivalent to "alimony." BATIONABILI PABTE BONOBUM. A writ that lay for the wife against the ex ecutors of her husband, to have the third part of his goods after his just debts and funeral expenses had been paid. Fitzh. Nat. Brev. 122. RATIONALIBTJS DIVISIS. An abol ished writ which lay where two lords, in divers towns, had seigniories adjoining, for him who found his waste by little and little to have been encroached upon, against the other, who had encroached, thereby to rectify their bounds. Cowell. BATIONE IMPOTENTLE5. Lat. On account of inability. A ground of qualified property in some animals ferce natures; as in the young ones, while they are unable to fly or run. 2 Bl. Comm. 3 4. BATIONE MATERIiE. Lat. By rea son of the matter involved; in consequence of, or from the nature of, the subject-matter. BATIONE PERSONS. Lat. By rea son of the person concerned; from the char acter of the person. BATIONE PRIVILEGII. Lat. This term describes a species of property in wild animals, which consists in the right which, by a peculiar franchise anciently granted by the English crown, by virtue of its preroga tive, one man may have of killing and taking such animals on the land of another. 106 E. C. L. 870. RATIONE SOLI. Lat On account of the soil; with reference to the soil. Said to be the ground of ownership in bees. 2 Bl. Comm. 398*. RATIONE TENTJRJE. L. Lat. By rea son of tenure; as a consequence of tenure. 3 Bl. Comm. 230.

value of the taxable property of each, and making a proportional distribution of the whole amount. Thus we speak of "rating" persons and property. BATE OF EXCHANGE. In commer cial law. The actual price at which a bill, drawn in one country upon another country, can be bought or obtained in the former coun try at any given time. Story, Bills, § 31. BATE-TITHE. In English law. When any sheep, or other cattle, are kept in a parish for less time than a year, the owner must pay tithe for them pro rata, according to the custom of the place. Fitzh. Nat. Brev. 51. RATIFICATION. The confirmation of a previous act done either by the party him self or by another; confirmation of a voidable act. See Story, Ag. §§ 250, 251; 2 Kent, Comm. 237. This is where a person adopts a contractor other transaction which is not binding on him, because it was entered into by an unauthorized agent or the like. Leake, Cont. 268. RATIFICATION See TREATY. OP TREATIES. BATIHABITIO. Lat. Confirmation, agreement, consent, approbation of a con tract Ratihabitio mandato sequiparatur. Ratification is equivalent to express com mand. Dig. 46, 3, 12, 4; Broom, Max. 867. RATIO. Rate; proportion; degree. Rea son, or understanding. Also a cause, or giv ing judgment therein. RATIO DECIDENDI. The ground of decision. The point in a case which deter mines the judgment. Ratio est formalis causa consuetudi nis. Reason is the formal cause of custom. Ratio est legis anima; mutata legis ratione mutatur et lex. 7 Coke, 7. Rea son is the soul of law; the reason of law be ing changed, the law is also changed. Batio est radius divini luminis. Co. Iitt. 232. Reason is a ray of the divine light. Ratio et auctoritas, duo clarissima mundi lumina. 4 Inst. 320. Reason and authority, the two brightest lights of the world

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