R F. I 



which that queflion was made, was not the fpecies of re-iii- 

 furancL- above deicribed, and to which only the ilatute refers, 

 but zficonj in/urance,effe£tiid on account of the orjg'mal in- 

 fured. 



That was the oafe of an infurance made in London, on a 

 French velfel, which had before been infured at Marfeilles 

 for the fame fum, by an infurer there, who, at the time of 

 fubfcribing the fecond policy, was living and folvent, and 

 who, in fadl, afterwards paid the fum infured by him. 

 Upon this cafe the court determined that the latter policy 

 ■was void by the words of the aft ; for though the firll claufc 

 of the aft which prohibits infurances, ' intcreft or no inte- 

 reft,' is confined to infurances on Britifh {hips, yet the fourth 

 feftion being general, and without any fuch reltriftive claufe, 

 every re-infuraucc in this country, either by I'ritifli fub- 

 jefts, or forcignei-s, on Britirti or foreign iliips, is declared 

 void by the ftatute, unlefs the firfl infurer be infolvent, be- 

 come bankrupt, or die. 



There are two other kinds of re-infurance ; the one where 

 the infured infures the folvency of the infurers ; the other, 

 where he makes a new infurance, in confequence of the in- 

 folvency of an infurer during the continuance of the rilk. 



The infurance of the folvency of an infurer is permitted 

 and praftifed in fome foreign countries ; but it fccms never 

 to have been in ufe among us ; not, perhaps, as has been 

 iuppofed, becaufe the folvency of an under-writer is not an 

 infurable intercit, or that fuch an infurance would be deemed 

 a wager ; but, more probably, becaufe the infolvency of an 

 inlurer feldom happens in England ; befides, a double in- 

 furance would better anfwer the end propofed. 



If France, if an infurer fail during the continuance of 

 the rifk, the infured may infill on the diflblution of thecon- 

 traft, unlefs the creditors of the infolvent infurer, in order 

 to entitle themfelvesto receive the premium, (which is rarely 

 paid in that country till after tha rifk is ended,) will give fe- 

 curity for the payment of the fum infured, in cafe of lofs. 

 At Marfeilles, (for in France different praftices prevail in 

 different provinces,) the infured, in fuch cafe, fues the infol- 

 vent infurer, till he obtains a fentence, authorizing him to 

 re-infure at the expence of the infolvent, which he may de- 

 duft from the ftipulated premium, if it be not paid, and 

 if this be infufhcient, then out of the effefts of the in- 

 folvent. 



Double infurance is where the infured makes two infurances 

 on the fame rifle, and the fame intcreft ; and it differs from 

 a re-infurance in this, that it is made by the injured, in order 

 that he may be entitled to receive a double fatisfaftion, in 

 cafe of lofs ; whereas, a re-infurance is made by a former 

 infurer, his executors or affigns, to proteft himfelf and his 

 eilate from a rifk to which they were liable by the firlt in- 

 furance. A re-infurance, except in the cafes permitted by 

 the ftat. 19 Geo. II. c. 37. J 4, is abfolutely void ; but a 

 double infurance, though it be made with a view to a double 

 fatisfaftion in cafe of lofs, and is therefore in the nature of 

 a wager, is not void by the law of England. The two poli- 

 cies are confidered as making but one infurance. They are 

 good to the extent of the value of the effefts put in rifk : but 

 the infured fhall not be permitted to recover a double fatis- 

 faftion. He mby fue the undsr-writers on both the policies, 

 but he can only recover the real amount of his lofs, to 

 which all the under-writers fhail contribute in proportion to 

 their feveral fubfcriptioi.s. And therefore, if he fhould 

 content himfelf with luiug only on one of the policies, the 

 under-writers on that policy may recover a rateable contribu- 

 tion from thofe on the other. 



In confequenae of the determination of lord Mansfield, in 

 1763, it has been agreed ^j be the courfe of praftice, that, 

 Vol. XXIX. 



R E I 



upon a double' iii.furance, though the infured is not entitled 

 to two fatisfactioiis, yet, that in an aftion upon thefirft policy, 

 he may recover the' whole fum infured, and may leave tlie de- 

 fendants therein to recover a rateable fatisfaftion from tlie 

 other infurers. Formerly, in tlie cafe of an over -infurance, 

 that is, where, in a fingle pohcy, the fums fubfcribcd 

 amount to much more than the value of the eflefts infured, 

 the firfl under-writers on the pohcy were holdento be anfwer- 

 able to tlie extent of the lofs, and the fubfequent ones dii- 

 charged. Although only a fingle fatisfatlion can be reco- 

 vered on a double infurance by the fame perfon, yet dilFerent 

 perfons may iiifurc the fame thing, and eacli recover the full 

 value of the thing infured. To enable the defendant, 111 ati 

 aftion on a policy, to difcover whether there be a double 

 infurance, he may, by the authority of the ftatute 

 19 Geo. II. c. 37. J 6, call upon the plaintiff to declare in 

 writing, what fums he has infured in the whole, and how 

 much he has borrowed on bottomry or relpondentia. Mar- 

 fhal's Treatife on the Law of Infurance, vol. 1. ch. 4. ^ 4. 

 REINTAL, in Geography, a town of Auftria ; four 

 miles E.S.E. of Feldfberg. 



REINTEGRATION. See Redintegration. 

 REJOICING FiUE, in Military AJairs, is ufed on ob- 

 taining a viftory, or in celebrating fome public feftival : of 

 this there are two forts, ws;. one by a volley, and the 

 other by a running fire, from the right to the left of the 

 battalion or line. 



REJOINDER, in Laiv, the defendant's anfwer to the 

 plaintiff's replication. 



The order of the court of chancery is thus ; firft, the 

 defendant puts in an anfwer or pica to the plaintiff's bill, 

 which is fometimes alfo called an exception ; the plaintiff's an- 

 fwer to this is called a replication ; and the defendant's an- 

 fwer to that, a rejoinder. 



The plaintiff may anfwer the rejoinder by a fur-rejoinder, 

 upon which the defendant may rebut ; and the plaintiff may 

 anfwer him by a fur-rebutter ; which pleas, replications, re- 

 joinders, fur-rejoinders, rebutters, and fur-rebutters, anfwer 

 to the exceptio, duplicatio, triplication and guadruplicalio of l\\s 

 Roman laws. See Pleading. 



REJOINTING, or Rejoynting, in Architedure, the 

 filling up of joints of the ftoncs in old buildings, &c. when 

 worn hollow by the courfe of time, or by weather. 



Rejointing is to be performed with the beft mortar, as 

 that of lime and cement ; fometimes alfo with plaifter ; as in 

 the joints of vaults, &c. 



REIPOLTZHEIM, in Geography, a town of the 

 duchy of Wurzburg ; three miles N.E. of Schwarzbach. 



REIPOLTZKIRCHEN, a caftle of France, in the 



department of Mont Tonnerre, which gave name to a lord- 



fhip, fituated in the Hunfruck ; five miles E. of Lautereck. 



REIS, Re, or Res, in Commerce. See Rees. 



REISBACH, in Geography, a town of Lower Bavaria, 



in the Vils ; 35 miles W. of Paffau. 



REISCH, a town ef Moravia, in the circle of Iglau , 

 18 miles S. of Iglau. 



REISCHSTADT, a town of Bohemia, in the circle of 

 Boleflau ; two miles N.W. of Nimep. 



REIS-EFFENDI, in the Turkijl} Empire, one of the 

 ten members of the divan, (which fee,) or council of the 

 grand vifir, of which the vifir and mufti are the prefidents. 

 The rers-efleudi is a kind of fecretary of ftate, high chan- 

 cellor of the empire, and minilter for foreign affairs. He 

 figns all the orders of the Porte, which do not direftly con- 

 cern the finances and the military operations ; he treats with 

 all the European minifters who are at Conftantinople : in a 

 word, every thing that concerns the foreign powers, and 

 4 M every 



