ratification

The mere commencement of the suit did not change the nature of the right. Hence again, if it be conceded that the capacity to prosecute the pending suit to judgment was, in a sense, a vested right, certainly also the power of the United States to ratify was, to say the least, a right of as high a character.

An agreement to adopt an act performed by another for us. Express ratifications are those made in express and direct terms of assent. Implied ratifications are such as the law presumes from the acts of the principal; as, if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. It is applied in the sense of "confirmation" to various transactions, but it has been said that it applies properly only to agency. 73 Me. 487. RATIHABITIO(Lat. from ratus, approved, and habere, to hold).

In civil and old English law. A holding as approved; approval or ratification. RATIHABITIO MANDATO AEQUIPARAtur. Ratification is equal to a command. Dig. 46. 3. 12. 4; Broom, Leg. Max. (3d London Ed.) 771; Story, Ag. (4th Ed.) 302.

An agreement to adopt an act performed by another for us. Express ratifications are those made in express and direct terms of assent. Implied ratifications are such as the law presumes from the acts of the principal; as, if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. Ratification of a contract implies an existing person on whose behalf the contract might have been made at the time. There cannot, in law, be a ratification of a contract which could not hav6 been made binding on the ratifier at the time it was made, because the ratifier was not then in existence. Mc Arthur v. Print. Co., 48 Minn. 319, 51 N. W. 216, 31 Am. St. Rep. 653. A party from whom a contract has been wrung by duress must disclaim it on the recovery of freedom, subsequent recognition is the equivalent of ratification; Kternback v. Friedman, 23 Misc. Rep. 173, 50 N. Y. Supp. 1025. A ratification, to be efficacious, must be made by a party who had power to do the act in the first place, and it must be made with knowledge of the material facts; Western N. Bank v. Armstrong, 152 U. S. 346, 14 Sup. Ct. 572, 38 L. Ed. 470. Where there has been actual and positive fraud, or the adverse party has acted mala fide there can be no such thing as a con- In g of a bond by an obligor whose signature lias been forged, does not render him liable thereon, there being no new consideration; Mc Hugh y. Schuylkill Co., 67 Pa. 391, 5 Am. Rep. 445; Workman v. Wright, 33 Ohio St. 405, 31 Am. Rep. 546; Pollock, Contr. 114. But if a contract be merely against conscience, then if a party, being fully informed of all the circumstances of it and objections to it, voluntarily confirms it, his ratification will stand; Negley v. Lindsay, 67 Pa. 217, 5 Am. Rep. 427; Hefner v. Vandolah, 62 111. 483, 14 Am. Rep. 106. As to the ratification of a contract made or an act done by a person claiming to act as the agent, and as to the creation of an agency by the ratification of acts previously done, see Principal and Agent. As to ratification of treaties, see Treaty.

The confirmation of an act done either by the party himself or by another; confirmation of a voidable act

Acceptance of or assent to an act performed by another; confirmation by a constituent or principal of what has been done by a representative or an agent without original authority. Ratification is particularly used for the confirmation of a clerk in a prebend, &c., formerly conferred on him by the bishop, where the right of patronage is doubted, or Ratihabitdo mandato aequiparatur. - Ratification is equivalent to express command. An abbreviated form of the maxim, omnis ratihabitio retrotrahitur et mandato priori oequiparatur, q. v.

contracts. An re pea to adopt an act performby another for us. Ratifications are either express or implied. The former are made in express and direct terms of assent; the latter are such as the law presumes from the acts of the principal; as if Peter buy goods for James, and the latter, knowing the fact, receive them and apply them to his own use. By ratifying a contract a man adopts the agency altogether as well what is detrimental as that which is for his benefit, 2 Str. R. 859. The ratification of a lawful contract has a retrospective effect, and binds the principal from its date, and not only from the time of the ratification. Vide Assent, and Ayl. Pand. *386; 18 Vin. Ab. 156. RATIFICATION OF TREAthe president shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur. No treaty is therefore of any validity to bind the nation unless it has been ratified by twothirds of the members present in the senate at the time its expediency or propriety may have been discussed. Vide Treaty.