Blacks Law Dict. 1st ed

REASONABLE SKILL

REBUTTER

999

which the law gave to hit wife and children after hia decease. 2 Bl. Coram. 492. REASONABLE SKILL. Such skill as is ordinarily possessed and exercised by per sons of common capacity, engaged in the same business or employment. 6 Mete. (Mass.) 26. SEASONABLE TIME. Such length of time as may fairly, properly, and reason ably be allowed or required, having regard to the nature of the act or duty, or of the subject-matter, and to the attending circum stances. It is a maxim of English law that "how long a * reasonable time' ought to be is not denned in law, but is left to the dis cretion of the judges." Co. Litt. 50. REASSURANCE. This is where an in. surer procures the whole or a part of the sum which he has insured (i. e., contracted to pay in case of loss, death, etc.) to be insured again to him by another person. Sweet. REATTACHMENT. A second attach ment of him who was formerly attached, and dismissed the court without day, by the not coming of the justices, or some such casualty. Reg. Orig. 35. REBATE. Discount; reducing the in terest of money in consideration of prompt payment. REBEL. The name of rebels is given to all subjects who unjustly take up arms against the ruler of the society, [or the law ful and constitutional government,] whether their view be to deprive him of the supreme authority or to resist his lawful commands in some particular instance, and to impose conditions on him. Vatt. Law Nat. bk. 3, §288. REBELLION. Deliberate, organized re sistance, by force and arms, to the laws or operations of the government, committed by a subject. In old English law, the term "rebellion" was also applied to contempt of a court man ifested by disobedience to its process, par ticularly of the court of chancery. If a de fendant refused to appear, after attachment and proclamation, a "commission of rebell ion" issued against him. 3 Bl. Comm. 444. REBELLION, COMMISSION OF. In equity practice. A process of contempt issued on the non-appearance of a defendant. REBELLIOUS ASSEMBLY. In En glish law. A gathering of twelve persons or

more, intending, going about, or practicing unlawfully and of their own authority to change any laws of the realm; or to destroy the inclosure of any park or ground inclosed, banks of fish-ponds, pools, conduits, etc., to the intent the same shall remain void; or that they shall have way in any of the said grounds; or to destroy the deer in any park, fish in ponds, coneys in any warren, dove houses, etc.; or to burn sacks of corn; or to abate rents or prices of victuals, etc. See Cowell. REBOUTER. To repel or bar. The ac tion of the heir by the warranty of his an cestor is called "to rebut or repel." 2 Co. Litt. 247. REBUS SIC STANTIBUS. Lat. At this point of affairs; in these circumstances. REBUT. In pleading and evidence. To rebut is to defeat or take away the effect of something. Thus, when a plaintiff in an action produces evidence which raises a pre sumption of the defendant's liability, and the defendant adduces evidence which shows that the presumption is ill-founded, he is said to "rebut it." Sweet. In the old law of real property, to rebut was to repel or bar a claim. Thus, when a person was sued for land which had been warranted to him by the plaintiff or his an cestor, and he pleaded the warranty as a de fense to the action, this was called a "rebut ter." Co. Litt. 365a; Termes de la Ley. REBUT AN EQUITY. To defeat an apparent equitable right or claim, by the in troduction of evidence showing that, in the particular circumstances, there is no ground for such equity to attach, or that it is over ridden by a superior or countervailing equity. See 2 Whart. Ev. § 973. REBUTTABLE PRESUMPTION. In the law of evidence. A presumption which may be rebutted by evidence. Otherwise called a "disputable" presumption. A spe cies of legal presumption which holds good until disproved. Best, Pres. § 25; 1 Greenl. Ev. § 33. REBUTTAL. The introduction of rebut ting evidence; the stage of a trial at which such evidence maybe introduced; also the rebutting evidence itself. REBUTTER. In pleading. A defend ant's answer of fact to a plaintiff's surre joinder; the third pleading in the series on the part of the defendant. Sisph. PI. 59; 3 Bl. Comm. 310.

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