KFLCC Kingdom Law 2nd Ed.

1005

REFARE

REFORM

REFARE.

To bereave, take away, rob.

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 per son draws or indorses a bill of exchange, he sometimes adds the name of a person to whom it may be presented "in case of need;" •. 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 commenced, an entry of it is made in the cause-book according to the year, the initial letter of the surname of the first plain tiff, 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. A master of requests; an officer to whom peti tions to the king were referred. Spelman. REFERENDO SINGULA SINGULIS. I>at Referring individual or separate words to separate subjects; making a distributive reference of words in an instrument; a rule of construction. In international law. A communication sent by a diplomatic rep resentative to his home government, in re gard to matters presented to him which he is unable or unwilling to decide without fur ther instructions. In the modern constitutional law of Switz erland, the referendum is a method of sub mitting an important legislative measure to a direct vote of the whole people. See PLE BISCITE. REFINEMENT. A term sometimes em ployed to describe verbiage inserted in a pleading or indictment, over and above what is necessary to be set forth; or an objection to a plea or indictment on the ground of its failing to include such superfluous matter. See State v. Gallimon, 24 N. C. 377; State v. Peak, 130 N. C. 711, 41 S. E. 887. REFERENDARY. In Saxon law. REFERENDUM. reformed, when defective, by a court of equi ty. By this is meant that the court, after ascertaining the real and original intention of the parties to a deed or other instrument, (which intention they failed to sufficiently express, through some error, mistake of fact, or inadvertence,) will decree that the in strument be held and construed as if it ful ly and technically expressed that intention. See Sullivan T. Haskin, 70 Vt 487, 41 AtL REFORM. To correct, rectify, amend, remodel. Instruments inter partes may be

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 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 dis tinguished from "hearing or trial," in that these are the ordinary modes of deciding issues and questions in and by the courts with aid of juries when proper; while reference is an employment of non-judicial persons—individuals not integral parts of the court—for the deci sion 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 "refer" 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. And see In re Hathaway, 71 N. T. 243; Betts v. Letcher, 1 S. D. 182, 46 N. W. 193; Central Trust Co. v. Wabash, etc., R. Co. (C. C.) 32 Fed. 685. — Referee in bankruptcy. An officer ap pointed by the courts of bankruptcy under the act of 1898 (U. S. Comp. St. 1901, p. 3418) cor responding to the "registers in bankruptcy" un der earlier statutes having administrative and quasi-judicial functions under the bankruptcy law, and who assists the court in such cases and relieves the judge of attention to matters of detail or routine, by taking charge of all administrative matters and the preparation or preliminary consideration of questions requir ing judicial decision, subject at all times to the supervision and review of the court In contracts. An agreement to submit to arbitration; the act •f 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 exami nation and decision. See REFER. In commercial law. The act of sending or directing one person to another, for in REFERENCE.