Page:Black's Law Dictionary (Second Edition).djvu/1014

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


REFORM 437; De Voin v. De Voln, 76 Wis. 66, 44 N. W. 839.

It is to be observed that “reform" is sel- dom, if ever. used of the correction of dc.» fectlve pleadings. judgments, decrees or other judicial proceedings: “amend” being the proper term for that use. Again. “smend" seems to connote the idea of improving that which may have been well enough before, vi-hile "reform" might be considered as prop- eri_v applicable only to something which before was quite worthless.

REFORM ACTS. A name bestowed on the statutes 2 Wm. IV. c. 45, and 30 & 31 Vict. c. 102, passed to amend the representation of the people in England and Wales; which introduced extended amendments into the system of electing members of the house of commons.

REFORMATION. See Rrzronu.

REFORMATORY. This term is of too wide and uncertain signification to support a bequest for the building of a “boys' reformutory." It includes all places and institutions in which efforts are made either to cultivate the intellect instruct the conscience, or improve the conduct; places in which persons voluntarily assemble, receive instruction, and suhmit to discipline, or are detained therein for either of these purposes by force. Hughes v. Daiy, 49 Conn. 35. But see Mclindreirs v. Hamilton County, 105 Tenn. 399, 58 S. W. 483.

REFORMATORY SCHOOLS. In English law. Schools to which convicted juve- nile offenders (under sixteen) may lie sent by order of the court before which they were tried, it the offense be punishable with penal servitude or imprisonment, and the sentence be to imprisonment for ten days or more. Wharton.

REFRESH]-JR. In English law. A further or additional fee to counsel in a long case, which may be, but is not necessarily, allowed on taxation.

REFRESI-TING THE MEMORY. The act of I1 witness who consults his documents, memorandn, or hooks. to bring more distinctly to his recollection the details of past events or transactions, concerning which he is testifying.

REFUND. To repziy or restore; to return moner had by one party of another. See Rackilff v. Greenbush, 93 1\le. 99. 44 At]. 375; Mnvnsird v. Mechanics‘ Nat Bank, 1 Brewst. (Pa.) 484; Gutch v. Fosdick, 48 N. J. Eq. 353, 22 ALL 590, 27 Am. St. Rep. 473. —B.efunding bond. A bond given to an exec- utor by a legatee, upon receiving payment of the legacy, conditioned to refund the same. or so much of it as v be necessary, if the assets prove deficient.—Refunds. In the Laws

1006

REGALIA

ot the United States, this term is used to da- note sums of money received by the government or its officeis which, for any cause are to be refunded or restored to the parties psyiii; them; such as excessive duties or taxes, du es paid on goods destroyed by accident, data received on goods which are re~exported. etc.

REFUSAL. The act of one who has, by law, a right and power or having or doing something of advantage, and declines it Al- so, the deciimition of a request or demand, or the omission to comply with some re qiiircinent of Law, as the result of a positive intention to disobey. In the latter sense, the word is often coupled with "neglect" as, it a party shall “neglect or refuse" to pay a lax, file an officlal hond. obey an order of court. etc. But “negiect" signifies a mere omission of a duty, which may happen through lnattention, dllatorlness, mistake. or jnuiiiiity to perform, while “rel'usai" implies the positive denial of an application or com- mand, or at least a mental deterniination not to comply. See Thompson v. Tiniicoin, 15 Minn. 299 (Gil. 226): People v. Perkins. 85 Cal. 509, 26 Pac. 245; Kimball v. Rowland, 6 Gray (l\-lass.) 225: Davis v. Lumpiiin, 1Uii Ga. 582, 32 S. F}. 626: Burns v. Fox. 113 ind. 205. 14 N. E. 541: Cape Elizabeth v. Bnvd. 86 Me. 317. 29 Ati. 1062; Taylor v. Mason. 9 ‘Vincent. 344. 6 L, Ell 101.

REFUTANTIA. In old recortls An ac- qiiittance or acknowledginont of renoiincm all future claim. Cowell.

REG. GEN. An abbreviation of “Reyn- liz G¢merali's," a general rule. (of court.)

REG. JUD. An abbreviation of “Registrum Judi'ciale," the register of jiidiclni writs.

REG. LIB. An abbreiiat-ion of “RM- Lm-izrii' Lilier," the re_¢1ister's book in chucnery. containing all decrees.

REG. ORIG. An ahbreriation of "Reg- istrum Ori'_qi'riole," the register of original Writs.

REG. PL. An abbreviation of “Rcgizln Plocitaml ." rule of pleading.

REGAL FISH. Whales and stiirgeons. so called in English law, as belonging to the king by prerogative when cast on share or caught near the coast. 1 Bl. Comm. 290.

REGALE. In aid French law. A pn_v- ment made to the sci!/ricur of a fiet. on the election of every bishop or other ecclesiastical feudatory, corresponding with the relief paid by a lay feudatory. Steph. Lect. 235.

REGALE EPISCOPORUIVI. The temporal rights and privileges of a bishop. Cowell.

REGALIA seems to be an abbreviation

of "jura rc_r7ali'o," royal rights, or those