Blacks Law Dict. 1st ed

REFERENDARY

1010

REEVE

issues and questions in and by the courts, with aid of juries when proper; while reference is an em ployment of non-judicial persons—individuals not integral parts of the court—for the decision of particular matters inconvenient to be heard in actual court. Abbott. 2. To point, allude, direct, or make refer ence to. This is the use of the word in con veyancing and in literature, where a word or sign introduced for the purpose of direct ing the reader's attention to another place in the deed, book, document, etc., is said to "re fer" him to such other connection. REFEREE. In practice. A person to whom a cause pending in a court is referred by the court, to take testimony, hear the par ties, and report thereon to the court. See REFER. REFERENCE. In contracts. An agreement to submit to arbitration; the act of parties in submitting their controversy to chosen referees or arbitrators. In practice. The act of sending a cause pending in court to a referee for his examina tion and decision. See REFER. In commercial law. The act of sending or directing one person to another, for in formation or advice as to the character, solv ency, standing, etc., of a third person, who desires to open business relations with the first, or to obtain credit with him. REFERENCE IN CASE OF NEED. When a person draws or indorses a bill of exchange, he sometimes adds the name of a person to whom it maybe presented "in case of need;" i. e., in case it is dishonored by the original drawee or acceptor. Byles, Bills, 261. REFERENCE TO RECORD. Under the English practice, when an action is com menced, an entry of it is made in the cause book according to the year, the initial letter of the surname of the first plaintiff, and the place of the action, in numerical order among those commenced in the same year, e. g., "1876, A. 26;" and all subsequent documents in the action (such as pleadings and affidavits) bear this mark, which is called the "reference to the record." Sweet. REFERENDARIUS. An officer by whom the order of causes was laid before the Roman emperor, the desires of petitioners made known, and answers returned to them. Vicat, Voc. Jur.; Calvin. REFERENDARY. In Saxon law. A master of requests; an officer to whom peti tions to the king were referred. Spelman.

or perform the covenants contained in the lease, and by virtue of such proviso the lessor may take the premises into his own hands again if the rent be not paid or covenants performed; and this resumption of possession is termed "re-entry." 2 Cruise, Dig. 8; Cowell. RE-EXAMINATION. An examina tion of a witness after a cross-examination, upon matters arising out of such cross-ex amination. RE-EXCHANGE. The damages or ex penses caused by the dishonor and protest of a bill of exchange in a foreign country, where it was payable, and by its return to the place where it was drawn or indorsed, and its being there taken up. RE-EXTENT. In English practice. A second extent made upon lands or tenements, upon complaint made that the former extent was partially performed. Cowell. REEVE. In old English law. A minis terial officer of justice. His duties seem to have combined many of those now confided to the sheriff or constable and to the justice of the peace. He was also called, in Saxon, "gerefa." REFALO. A word composed of the three initial syllables "re." "fa." "lo.," for "re cordari facias loquelam," (q. v.) 2 Sell. Pr. 160. REFARE. To bereave, take away, rob. Cowell. REFECTION. In the civil law. Rep aration ; re-establishment of a building. Dig. 19, 1, 6, 1. REFER. 1. When a case or action in volves 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 is sue 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 "ref erence" is distinguished from "hearing or trial," in that these are the ordinary modes of deciding

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