KFLCC Kingdom Law 2nd Ed.

1006

REFORM

REGALIA

437; De Voln v. De Voin, 76 Wis. 66, 44 N. W. 839. It is to be observed that "reform" is sel dom, if ever, used of the correction of de fective pleadings, judgments, decrees or oth er judicial proceedings; "amend" being the proper term for that use. Again, "amend" seems to connote the idea of improving that which may have been well enough before, while "reform" might be considered as prop erly applicable only to something which be fore 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 representa tion of the people in England and Wales; which introduced extended amendments into the system of electing members of the house of commons. REFORMATORY. This term is of too wide and uncertain signification to support a bequest for the building of a "boys' re formatory." It includes all places and in stitutions in which efforts are made either to cultivate the intellect, instruct the con science, or improve the conduct; places in which persons voluntarily assemble, receive instruction, and submit to discipline, or are detained therein for either of these purposes by force. Hughes v. Daly, 49 Conn. 35. But see McAndrews v. Hamilton County, 105 Tenn. 399, 58 S. W. 483. REFORMATORY SCHOOLS. In Eng lish law. Schools to which convicted juve nile offenders (under sixteen) may be sent by order of the court before which they are tried, if the offense be punishable with pe nal servitude or imprisonment, and the sen tence be to imprisonment for ten days or more. Wharton. REFRESHER. In English law. A fur ther or additional fee to counsel in a long case, which may be, but is not necessarily, allowed on taxation. REFRESHING THE MEMORY. The act of a witness who consults his documents, memoranda, or books, to bring more dis tinctly to his recollection the details of past events or transactions, concerning which he is testifying. REFUND. To repay or restore; to re turn" money had by one party of another See Rackliff v. Greenbush, 93 Me. 99, 44 Atl. 375; Maynard v. Mechanics' Nat. Bank, 1 Brewst. (Pa.) 484; Gutch v. Fosdick, 48 N. J. Eq. 353, 22 Atl. 590, 27 Am. St. Rep. 473. —•Refunding 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 may be necessary, if the as sets prove deficient.—Refunds. In the laws REFORMATION. See REFORM.

of the United States, this term is used to de note sums of money received by the government or its officers which, for any cause, are to> be refunded or restored to the parties paying them; such as excessive duties or taxes, duties paid on goods destroyed by accident, duties received on goods which are re-exported, etc. REFUSAL. The act of one who has, by law, a right and power of having or doing something of advantage, and declines it Al so, the declination of a request or demand, or the omission to comply with some re quirement of law, as the result of a positive intention to disobey. In the latter sense, the word Is often coupled with "neglect," as, if a party shall "neglect or refuse" to pay a tax, file an official bond, obey an order of court, etc. But "neglect" signifies a' mere omission of a duty, which may happen through inattention, dilatoriness, mistake, or inability to perform, while "refusal" implies the positive denial of an application or com mand, or at least a mental determination not to comply. See Thompson v. Tinkcom, 15 Minn. 299 (Gil. 226); People v. Perkins, 85 Cal. 509, 26 Pac. 245; Kimball v. Rowland, 6 Gray (Mass.) 225; Davis v. Lumpkin, 106 Ga. 582, 32 S. E. 626; Burns v. Fox, 113 Ind. 205, 14 N. E. 541; Cape Elizabeth v. Boyd, 86 Me. 317, 29 Atl. 1062; Taylor v. Mason, 9 Wheat 344, 6 L. Ed. 101. REFUTANTIA. In old records An ac quittance or acknowledgment of renouncing all future claim. Cowell. REG. GEN. An abbreviation of "Regu la Generalis," a general rule, (of court) REG. JUD. An abbreviation of "Regis trum Judiciale," the register of Judicial writs, REG. LIB. An abbreviation of "Reg Istrarii Liber," the register's book In chan cery, containing all decrees. REG. ORIG. An abbreviation of "Reg istrum Originale," the register of original writs. REG. PL. An abbreviation of "ReguUt Placitandi," rule of pleading. REGAL FISH. Whales and sturgeons, so called in English law, as belonging to the king by prerogative when cast on shore or caught near the coast 1 Bl. Comm. 290. REGALE. In old French law. A pay ment made to the seigneur of a fief, on the election of every bishop or other ecclesiastical feudatory, corresponding with the relief paid by a lay feudatory. Steph. Lect 235. REGALE EPISCOPORUM. The tem poral rights and privileges of a bishop. Cowell. REGALIA seems to be an abbreviation of "jura regalia" royal rights, or thoss