KFLCC Kingdom Law 2nd Ed.

994

REBUTTER

REASONABLE

and proclamation, a "commission, of rebel lion" issued against him. 3 BL Comm. 444. —Rebellion, commission of. In equity practice. A process of contempt issued on ths non-appearance of a defendant. REBELLIOUS ASSEMBLY. In Eng lish 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 inclos ed, 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. REB OUTER. 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 defense to the action, this was called a "re butter." Co. Litt 365a; Termes de la Ley. —Rebut an equity. To defeat an apparent equitable right or claim, by the introduction of evidence showing that, in the particular circum stances, there is no ground for such equity to attach, or that it is overridden by a superior or countervailing equity. See 2 Whart. Ev. § 973. 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 may be introduced; also the rebutting evidence itself. Lux r. Haggin, 69 Cal. 255, 10 Pac. 674. REBUTTER. In pleading. A defend ant's answer of fact to a plaintiff's surre joinder; the third pleading in the series on REBUTTABLE PRESUMPTION.

REASONABLE. Agreeable to reason; just; proper. Ordinary or usual. —Reasonable act. Such as may fairly, just ly, and reasonably be required of a party.—Rea sonable and probable cause. Such grounds as justify any one in suspecting another of a crime, and giving him in custody thereon. It ia a defense to an action for false imprisonment. —Reasonable creature. Under the common law rule that murder is taking the life of a "reasonable creature" under the king's peace, with malice aforethought, the phrase means a human being, and has no reference to his mental condition, as it includes a lunatic, an idiot, and even an unborn child. See State v. Jones, Walk. (Miss.) 85.—Reasonable part. In old English law. That share of a man's goods which the law gave to his wife and children aft er his decease. 2 Bl. Gomm. 492. As to reasonable "Aids," "Care," "Dili gence," "Doubt," "Notice," "Skill," and "Time," see those titles. 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 in sured 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. Also a deduction from a stipulat ed premium on a policy of insurance, in pur suance of an antecedent contract. Also a deduction or drawback from a stipulated payment, charge, or rate, (as, a rate for the transportation of freight by a railroad,) not taken out in advance of payment, but hand ed back to the payer after he has paid the full stipulated sum. 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 See Hubbard v. Harnden Exp. Co., 10 R, I. 247; State v. McDonald, 4 Port. (Ala.) 455; Crashley v. Press Pub. Co., 74 App. Div. 118, 77 N. T. Supp. 711. 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