REFER : 1. When a case or action involves matters of account or other intricate details which require minute examination, and for that reason are not fit to be brought before a jury, it is usual to refer the whole case, or some part of it, to the decision of an auditor or referee, and the case is then said to be referred. Taking this word in its strict, technical use, it relates to a mode of determining questions which is distinguished from "arbitration," in that the latter word imports submission of a controversy without any lawsuit having been brought, while "reference" imports a lawsuit pending, and an issue framed or question raised which (and not the controversy itself) is sent out. Thus, arbitration, is resorted to instead of any judicial proceeding; while reference is one mode of decision employed in the course of a judicial proceeding. And "reference" is distinguished from "hearing or trial," in that these are the ordinary modes of deciding issues and questions in and by the courts wit
REMITTER : Tbe relation back of a later defective title to an earlier valid title. Re- mitter is where he who has the true property or jus proprietatis in lands, but is out of possession thereof, and has no right to enter without recovering possession in an action, has afterwards the freehold cast upon him by some subsequent and of course defective title. In this case be is remitted, or sent back by operation of law, to his ancient and more certain title. The right of entry which he has gained by a bad title shall be ipso facto annexed to his own inherent good one; and his defeasible estate shall be utterly defeated and annulled by the instantaneous act of law, without his participation or consent 3 Bl. Comm. 19.
RENT : At common law. A certain profit issuing yearly out of lands and tenements corporeal; a species of incorporeal hereditament. 2 Bl. Comm. 41. A compensation or return yielded periodically, to a certain amount, out of the profits of some corporeal hereditaments, by the tenant thereof. 2 Steph. Comm. 23. A certain yearly profit in money, provisions, chattels, or labor, issuing out of lands and tenements, in retribution for tlie use. 3 Kent, Comm. 4G0. The compensation, either in money, provisions, chattels, or labor, received by the owner of the soil from the occupant thereof. Jack. & G. Landl. & Ten.
RESTRICTION : it, upon tlie reversal or setting aside of the judgment or order of court under which it was taken from him. Haebler v. Myers, 132 N. Y. 3G3, 30 N. E. 963,15 L. R. A. 588, 28 Am. St. Rep. 5S9; Gould v. McFall, 118 Pa. 455, 12 Atl. 336, 4 Am. St. Rep. 606; First Nat Rank v. Avery Planter Co., 69 Neb. 329, 95 N. W. 624, 111 Am. St. Rep. 541. If, after money has been levied under a writ of execution, the judgment be reversed by writ of error, or set aside, the party against whom the execution was sued out shall have restitution. 2 Tidd, Pr. 1033; 1 Burrill, Pr. 292. So, on conviction of a felon, immediate restitution of such of the goods stolen as are brought into court will be ordered to be made to the several prosecutors. 4 Steph. Comm. 434. In equity. Restitution is the restoration of both parties to their original condition, (when practicable,) upon the rescission of a contract for fraud or similar cause.
REVERSIONER : A person who is entitled to an estate in reversion. By an extension of its meaning, one who is entitled to any future estate or any property in expectancy.
RETENTION CLAUSE : Contratc provision allowing the customer to keep some of the contract price until all requirements of the contract are met.
RIDING CLERK : In English law. One of the six clerks in chancery who, in liis turn for one year, kept the controluient books of all grants that passed the great seal. The six clerks were superseded by the clerks of records and writs.
RATING BUREAU : The Rating Bureau is an organization responsible for classifying rates and hazards of certain risks depending on the geographic area or location.
REX : Lat. The king. The king regarded as the party prosecuting in a criminal action; as in the form of entitling such actions, "Rex v. Doe." Rex debet esse sub lege quia lex facit rerem. The king ought to be under the law, because the law makes the king. 1 Bl. Comm. 239. Rex est legalis et politicus. Lane, 27. The kiug is both a legal and political person. Rex est lex vivens. Jenk. Cent. 17. The king is the living law. Rex est major singulis, minor uni- versis. Bract. 1. 1, c. 8. The king is greater than any single person, less than all. Rex hoc solum non potest faccre quod non potest injuste agere. 11 Coke, 72. The king can do everything but an injustice. Rex non debit esse snb liomine, sed sub Deo et sub lege, quia lex facit re- gem. Bract, fol. 5. The king ought to be under no man, but under God and the law, because the law makes a king. Broom, Max. 47. Rex non potest peccare. The king cannot do wrong; the king can do no wrong. 2 Bolle, 304. An ancient and fundamental principle of the En
REMISSION : In the civil law. A release of a debt It is conventional, when it is expressly granted to the debtor by a creditor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his debtor the original title, under private signature constituting the obligation. Civ. Code La. art. 2195. "Remission" also means forgiveness or condonation of an offense or injury. At common law. The act by which a forfeiture or penalty is forgiven. United States v. Morris, 10 Wheat 24G, 6 L. Ed. 314. Remissius imperanti melius paretur. 3 Inst. 233. A man commanding not too strictly is better obeyed.
REPEAX : The abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is called "express" repeal,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force, (called "implied" repeal.) See Oakland Pav. Co. v. Hilton, 09 Cal. 479, 11 Pac. 3; Mernaugh v. Orlando, 41 Fin. 433, 27 South. 34; Hunter v. Memphis, 93 Tenn. 571, 26 S. W. 828. Repellitur a Sacramento infamls. An infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bract fol. 185. Repellitur exceptione cedendarnm ac- tionum. He is defeated by the plea that the actions have been assigned. Clieese- brough y. Millard, 1 Johns. Ch. (N. Y.) 409, 414.
RAZE : Comm. 237; Norton v. Shelby County, 118 U. S. 425, 6 Sup. Ct. 1121, 30 L. Ed. 178; Gallup v. Fox, 04 Conn. 401, 30 Atl. 750; Reid v. Field, 83 Va. 20, 1 S. E. 305; Ballard v. Nye, 138 Cal. 588, 72 Pac. 150; Ansonia v. Cooper, 64 Conn. 530, 30 Atl. 700; Smyth v. Lynch, 7 Colo. App. 383, 43 Bac. 070. This is where a person adopts a contract or other transaction which is not binding i"i him, because it was entered iuto by an unauthorized agent or the like. Leake, Cout 268.
REPLACEMENT FACTOR : The estimated percentage of equipment or repair parts in use that will require replacement during a given period due to wearing out beyond repair, enemy action, abandonment, pilferage, and other causes except catastrophes.
RIGHT OF WAY : The right of passage or of way is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or in a vehicle, to drive beasts of burden or carts, through the estate of another. When this servitude results from the law, the exercise of it is confined to the wants of the person who has it. When it is the result of a contract, its extent and the mode of using it is regulated by the contract. Civ. Code La. art. 722. âBight of way,â in its strict meaning, is the right of passage over another manâs ground; and in its legal and generally accepted meaning, in reference to a railway, it is a mere easement in the lands of others, obtained by lawful condemnation to public use or by purchase. It would be using the term in an unusual sense, by applying it to an absolute purchase of the fee-simple of lands to be used for a railway or any other kind of a way. Williams v. Western Union Ry. Co., 50 Wis. 76, 5 N. W. 482. And see Kripp v. Curt
REFEREE : In practice. A person to whom a cause pending in a court is referred by the court, to take testimony, hear the parties. and report thereon to the court. See REFER. And see In re Hathaway, 71 N. Y. 243; Retts v. I,etcher, 1 S. D. 182. 4G N. W. 193: Central Trust Co. v. Wabash, etc., R. Co. (C. C.) 32 Fed. 085.
RANGER : In forest law. A sworn of ficer of the forest, whose office chiefly consists in three points: To walk daily through his charge to see, hear, aud inquire as well of trespasses as trespassers iu his bailiwick; to drive the beasts of the forest, both of venery and cliace, out of the deafforested into the forested lands; and to present all trespassers of the forest at the next courts holden for the forest. Cowell.
RECOUPONING : When a portfolio is sold exposure is reduced to protect both parties. The cash settlement is paid and the derivatives are rewritten at current market levels. The process is repeated at the settlement date.
RECIPROCAL AGREEMENT : 1. General: arrangement in which two or more parties agree to share resources. 2. Data backup: Two organizations agree to store backup data. 3. Disaster planning: Each party agrees to allow another to use its site after a disaster.
RESTRICTIVE INDORSEM : An indorsement may be so worded as to restrict the further negotiability of the instrument, and it is then called a "restrictive indorsement." Thus, "Pay the contents to J. S. only," or "to J. S. for my use," are restrictive indorsements, and put an end to the negotiability of the paper. 1 Daniel, Neg. Inst.
RIDER : A rider, or rider-roll, signifies a schedule or small piece of parchment an- nexed to some part of a roll or record. It is frequently familiarly used for any kind of a schedule or writing annexed to a document which cannot well be incorporated in the body of such document. Thus, in passing bills through a legislature, when a new clause is added after the bill has passed through committee, such new clause is termed a "rider." Brown. See, also, Cowell; Blount; 2 Tidd. Pr. 730; Com. v. Barnett, 199 Pa. 101, 4S Atl. 970, 55 L. R. A. 882.
RETREAT TO THE WALL : a phrase that is used when you claim that a murder was committed in self defence. You did everything possible to escape.
RURAL DEANS : In English ecclesiastical la . Very ancient officers of tlie church, almost grown out of use, until about the middle of the present century, about which time they were generally revived, whose deaneries are as an ecclesiastical division of the diocese or archdeaconry. They are deputies of the bishop, planted all round his diocese, to inspect tlie conduct of the parochial clergy, to inquire into and report dilapidations, and to examine candidates for confirmation, armed in minuter matters with an inferior degree of judicial and coercive authority. Wharton.
RACK RATE : The rate that is charged for a hotel room or accomodation when a person just walks in off tyhe street. It is usually more expensive than the rates that are charged by a third party such as a travel agent or via the internet.
RECUSANTS : In English law. Persons who willfully absent themselves from their parish church, and on whom penalties were imposed by various statutes passed during the reigns of Elizabeth and James I. Wharton. Those persons who separate from the church established by law. Termes de la Ley. Hie term was practically restricted to Roman Catholics.
REMOVAL OF CAUSES : The transfer of a cause from one court to another; com- monly used of the transfer of the jurisdiction and cognizance of an action commenced D but uot finally determined, with all further O proceedings therein, from one trial court to another trial court. More particularly, the transfer of a cause, before trial or final hearing thereof, from a state court to the United States circuit court, under the acts of congress in that behalf.
REGIDOR : In Spanish law. One of a body, never exceeding twelve, who formed a part of the ayuntamiento. The office of re- gidor was held for life; that is to say, during the pleasure of the supreme authority. In most places the office was purchased; in some cities, however, they were elected by persons of the district, called "capitulares." 12 Pet. 442, note.
RUCKER PLAN : An incentive plan for workers to save costs based on a formula relating labour costs to a share of cost of production.
REGULATE : The power to regulate commerce, vested in congress, is the power to prescribe the rules by which it shall be governed, that is, the conditions upon which it shall be conducted, to determine when it shall be free, and when subject to duties or other exactions. The power also embraces within its control all the instrumentalities by which that commerce may be carried on, and the means by which it may be aided and encouraged. Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196, 5 Sup. Ct. 826, 29 L. Ed. 158. And see Gibbons v. Ogden, 9 Wheat. 227, 6 L. Ed. 23; Gilman v. Philadelphia, 3 Wall. 724, 18 L. Ed. 90; Welton v. Missouri, 91 U. S. 279, 23 L. Ed. 347; Leisy v. Hardin, 135 U. S. 100. 10 Sup. Ct. 081, 34 L. Ed. 12S; Kavanaugh v. Southern R. Co., 120 Ga. 02, 47 S. E. 520.
ROYALTY : A payment reserved by the grantor of a patent, lease of a mine, or similar right, and payable proportionately to the use made of the right by the grantee. See Raynolds v. Hanna (C. C.) 55 Fed. 800; Hubenthal v. Kennedy, 76 Iowa, 707, 39 N. W. 694; Western Union Tel. Co. v. American Bell Tel. Co., 125 Fed. 342, 60 C. C. A. 220. Royalty also sometimes means a payment which is made to an author or composer by an assignee or licensee in respect of each copy of his work which is sold, or to an in- ventor in respect of each article sold under the patent. Sweet
REPRESENTATION : In Contracts. A statement made by one of two contracting parties to the other, before or at the time of making the contract, in regard to some fact, circumstance, or state of facts pertinent to the contract, which is influential in bringing about the agreement. In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such facts or circumstances, relative to the proposed adventure, as are necessary to be communicated to the underwriters, to enable them to form a just estimate of tlie risks. 1 Marsh. Ins. 450. The allegation of any facts, by the applicant to the insurer, or vice versa, preliminary to making the contract, and directly bearing upon it, having a plain and evident tendency to induce the making of the policy. The statements may or may not be in writing, and may be either express or by obvious implication. Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance & Banking Co. of Georgia v. Abbott, 12 Md. 34S. In relation to