Rate

' 1.

Rank, standard; proportion; value, price, amount: as, in rate or rates of fares, rate of exchange {q. v.), rating of vessels. Rate means price, value. " Going rate " as to freight means an established price for the time.^ 2. A sum assessed as a tax; in England, a local tax: as, the county, the borough, the poor rate. ' See generally Commouwealth v. Roosnell, 143 Mass. - 37-40 (1887). 'Abbott, Bouvier, Law Diets.; 50 Conn. 579; 77 Mo. 157; 50 Wis. 518; 2 Bish. Cr. L. §§ 1107-36; 2 Whart. Cr. L. §§ S50-77. 8 State V. Jones, 39 La. An. 935 (1887), cases. ■"Davis V. State, 42 Tex. 228 (1875); 60 Barb. 132; 18 S. & R. 69; 8 Gray, 490; 3 Ind. 230. » 4 Bl. Com. 213. » R. S. §§ 6345, 6339. ' L. rata (.pars): ratiis, reckoned, calculated. Com- May apply to the percentage of taxation, or to the valuation of the property.^ Katable. " Eatable estate," within the meaning of a tax law, is taxable estate.* Hates of postage.

See Mail, 2.

RATrPICATION.3 Acceptance or adop- ' tlon of an act performed by another as agent. or representative; in particular, confirmation f' of what has been done without original au- '' thority.* An adoption of a contract made on our behalf by some one whom we did not authorize, which relates back to the execution of tbe contract and renders it obligatory from the outset. 5 Requires some positive, assertive act. An " estoppel" may be created by silence.' Eefers to contracts between private persona, to treaties between states, and to changes proposed in written constitutions.

1.

Eatiflcation of the unauthorized act of another operates upon the act ratified as if authority to do the act had been previously given, except where the rights of third parties have intervened between the act and the ratification. In other words, it is essential that the party ratifying should be able not merely to do the act ratified at the time the act was done, but also at the time the ratification was made.' It is by express consent, or by conduct inconsistent with any other hypothesis than that of approval; but inoperative, if the party sought to be charged was not competent to make the contract when the same was made, nor when the supposed act of ratification was performed, or if the contract was illegal, immoral, or against public policy." Where fraud is of such a character as to involve a crime, ratification of the act from which it springs is opposed to public po Ucy, and, hence, cannot be permitted; but where the transaction is contrary only to good faith and fair dealing, where it affects individual interest merely, ratification is permitted. Thus, the toigery of an indorsement, being a criminal act, is incapable of ratification.' ^ 1 State V. Utter, S4 N. J. L. 494 (1869), Van Syckel, J.; Burlington, &c.

E. Co. v. Lancaster County, 4 Neb. 304 (1876), Lake, C. J. = Marshfleld v. Middlesex, 55 Vt. 546 (1888), Powers, J.; 115 Mass. 186. = L. L. ratificare, to confirm: ratus, settled; facere, to make. * See Negley v. Lindsay, 67 Pa. 228 (1870), oases. ' Hare, Contracts, 272 (1887). « Howell V. Mc Crie,.36 Kan. 651 (1887). ' Cook V. Tullis, 18 Wall. 338 (1873), Field, J.; Marsh V. Fulton County, 10 id. 684 (1870), cases; Norton v. Shelby County, 118 U. S. 451 (1886); 19 Cent. Law J. 182 (1884), cases. 8 Supervisors v. Schenck, 5 Wall. 781-83 (1866), cases, aifford, J.; United States v. Grossmayer, 9 id.

72 Any ratification by an adult of his act done in infancy, of a clear and unequivocal character, showing an intention to affirm, will bind him. Mere acquiescence is not therefore enough. But it is not necessary that the act of affirmance be as solemn as the original act itself.' A distinction is recognized between acts necessary to avoid and to confirm an infant's deed. Some assert that the avoidance must be by an act as solemn as the deed; some, that that cannot be done short of an act of entry; others, that it can be done by another deed to a different grantee. But all agree that acts which would not be sufficient to avoid such a deed may amount to an affirmance. Acquiesc^ce, with other circumstances, may establish a ratification. The reason is, a confirmation is an act of a character less solemn than an avoidance, and it may well be effected in a less formal manner.! No new consideration is required; but it is essential that the person sought to be charged have full knowledge of the facts in the case.'* If the principal ratifies that which favors him, he ratifies the whole, as far as it is not unlawful. = To have a retrospective effect, as against the interest of a third party, there must be some mutuality between the ratifying principal and such party.* See Affirm, 2; Knowledoe, 1; Batihabitio; Void. 2. Eatification of conventions between independent states.

See Tkeatt.

3.

Eatification of amendments to constitutions.

See Amendment, 2.