KFLCC Kingdom Law 2nd Ed.

1010

BEHABERE FACIAS SEISINAM

RELATION

Ins. Co. v. Eastern Mut. L. Ins. Co., 64 N. J. Law, 340, 45 Atl. 762; Chalaron v. Insur ance Co., 48 La. Ann. 1582, 21 South. 267, 36 L. R. A. 742; Philadelphia Ins. Co. T. Washington Ins. Co., 23 Pa. 253. Reipublicse interest voluntates defune torum effectum sortiri. It concerns the state that the wills of the dead should have their effect. REISSUABLE NOTES. Bank-notes which, after having been once paid, may again be put into circulation. REJOIN. In pleading. To answer a plaintiff's replication In an action at law, by some matter of fact. REJOINDER. In common-law plead ing. The second pleading on the part of the defendant, being his answer of matter of fact to the plaintiff's replication. REJOINING GRATIS. Rejoining vol 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 plain tiff to the necessity and expense of obtaining a rule to rejoin. 10 Mees. & W. 12; Lush, Pr. 396; Brown. Relatio est Actio juris et intenta ad nnum. Relation is a fiction of law, and in tended for one thing. 3 Coke, 28. Relatio semper fiat ut valeat dispo sitio. Reference should always be had in such a manner that a disposition In a will may avail. 6 Coke, 76. RELATION. 1. A relative or kinsman; a person connected by consanguinity or affin 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 social status or union for the purposes of domestic life; as the relation of guardian and ward, husband and wife, master and servant, par ent 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, 194 U. S. 394, 24 Sup. Ct 716, 48 L. Ed. 1035; Peyton v. Desmond, 129 Fed. 11, 63 C. C. A. 651. 4. A recital, account, narrative of facts; information given. Thus, suits by quo war-

REHABERE SEISINAM. When a sheriff in the "habere facias sei sinam" had delivered seisin of more than he ought, this judicial writ lay to make him re store 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. Brande. 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 the decree entered on the former hearing may apply by petition. 3 Bl. Comm. 453. See Belmont v. Erie R. Co., 52 Barb. (N. Y.) 651; Emerson v. Davies, 8 Fed. Cas. 626; Read v. Patterson, 44 N. J. Eq. 211, 14 Atl. 490, 6 Am. St. Rep. 877. REI INTERVENTUS. Lat. Things in tervening ; 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 par ty, and which have so affected his situation that the other will not be allowed to repudi ate his obligation, although originally it was imperfect, and he might have renounced it. 1 Bell, Comm. 328, 329. Rei turpis nullum mandatunt est. The mandate of an immoral thing is void. Dig. 17, 1, 6, 3. A contract of mandate requiring an illegal or immoral act to be done has no legal obligation. Story, Bailm. § 158. REIF. A robbery. Cowell. REIMBURSE. The primary meaning of this word is "to pay back." Philadelphia Trust, etc., Co. v. Audenreid, 83 Pa. 264. It means to make return or restoration of an equivalent for something paid, expended, or lost; to indemnify, or make whole. REINSTATE. To place again in a for mer state, 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 CI. 22. REINSURANCE. A contract of rein surance is one by which an insurer procures a third person to Insure him against loss or liability by reason of such original insurance. Civ. Code Cal. § 2646. And see People v. Miller, 177 N. Y. 515, 70 N. E. 10; Iowa L. FACIAS