KFLCC Kingdom Law 2nd Ed.

991

RAPE

RATIFICATION

RAPE. In criminal law. The unlaw ful carnal knowledge of a woman by a man forcibly and against her will. Code Ga. § 4349; Gore v. State, 119 Ga. 418, 46 S. E. 671, 100 Am. St. Rep. 182; Maxey v. State, 66 Ark. 523, 52 S. W. 2; Croghan v. State, 22 Wis. 444; State y. Montgomery, 63 Mo. 298; People v. Crego, 70 Mich. 319, 38 N. W. 281; Felton v. State, 139 Ind. 531, 39 N. E. 231. In English law. An intermediate divi sion between a shire and a hundred; or a division of a county, containing several hun dreds. 1 Bl. Comm. 116; Cowell. Apparent ly peculiar to the county of Sussex. —Rape of the forest. In old English law. Trespass committed in a forest by violence. Cowell.—Rape-reeve. In English law. The chief officer of a rape, (q. v.) 1 Bl. Comm. 116. In criminal law. Plunder; pillage; robbery. In the civil law, rapina is defined as the forcible and violent taking of another man's movable property with the criminal intent to appropriate it to the rob ber's own use. A praetorian action lay for this offense, in which quadruple damages were recoverable. Gaius, lib. 3, § 209; Inst. 4, 2; Mackeld. Rom. Law, $ 481; Heinecc Elem. 5 1071. RAPPORT A SUCCESSION. In French law and in Louisiana. A proceeding similar to hotchpot; the restoration to the succes sion of such property as the heir may have received by way of advancement from the decedent, in order that an even division maj be made among all the co-heirs. Civ. Code La. art. 1305. RAPTOR. In old English law. A raT isher. Fleta, lib. 2, c. 52, § 12. RAPTU ILSREDIS. In old English law. A writ for taking away an heir hold ing in socage, of which there were two sorts: One when the heir was married; the other when he was not. Reg. Orig. 163. RAPUIT. Lat In old English law. Ravished. A technical word in old indict ments. 2 East, 30. RASURE. The act of scraping, scratch ing, or shaving the surface of a written In strument, for the purpose of removing cer tain letters or words from it It is to be distinguished from "obliteration," as the lat ter word properly denotes the crossing out of a word or letter by drawing a line through it with ink. But the two expressions are often used interchangeably. See Penny v. Corwithe, 18 Johns. (N. Y.) 499. RASUS. In old English law. A rase; a measure of onions, containing twenty flones, and each flonis twenty-five heads. Fleta, lib. 2, c. 12, §12. RAPINE.

RATABLE ESTATE. Within the mean ing of a tax law, this term means "taxable estate;" the real and personal property which the legislature designates as "tax able." Marshfield v. Middlesex, 55 Vt 546. RATAM REM HABERE. Lat. In the civil law. To hold a thing ratified; to rati fy or confirm it Dig. 46, 8, 12, 1. RATE. Proportional or relative value, measure, or degree; the proportion or stand ard by which quantity or value is adjusted. Thus, the rate of interest is the proportion or ratio between the principal and interest So the buildings in a town are rated for in surance purposes; i. e., classified and indi vidually estimated with reference to their insurable qualities. In this sense also we speak of articles as being in "first-rate" or "second-rate" condition. Absolute measure, value, or degree. Thus, we speak of the rate at which public lands are sold, of the rates of fare upon railroads, etc. See Georgia R. & B. Co. v. Maddox, 116 Ga. 64, 42 S. E. 315; Chase v. New York Cent. R. Co., 26 N. Y. 526; People v. Dolan, 36 N. Y. 67. The term is also used as the synonym of "tax;" that is, a sum assessed by govern mental authority upon persons or property, by proportional valuation, for public pur poses. It is chiefly employed in this sense in England, but is there usually confined to taxes of a local nature, or those raised by the parish; such as the poor-rate, borough rate, etc. It sometimes occurs in a connection which gives it a meaning synonymous with "as sessment;" that is, the apportionment of a > tax among the whole number of persons who are responsible for it, by estimating the val ue of the taxable property of each, and mak ing a proportional distribution of the whole amount Thus we speak of "rating" persons and property. In marine insurance, the term refers to the classification or scaling of vessels based on their relative state and condition in re gard to insurable qualities; thus, a vessel in the best possible condition and offering the best risk from the underwriter's stand point, is "rated" as "A 1." See Insurance Companies v. Wright, 1 Wall. 472, 17 L. Ed. 505. —Rate of exchange. In commercial law. The actual price at which a bill, drawn in one country upon another country, can be bought or obtained in the former country at any given time. Story, Bills, § 31.—Rate-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, ac cording 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 void able act See Story, Ag. §§ 250, 251; 2 Kent