Page:Black's Law Dictionary (Second Edition).djvu/1013

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REFARE. To hereave, take away, rob. Cowell.

REFECTION. In the civil law. Reparation; reestablishment of a building. Dig. 19. 1. 6, 1.

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 determi 'n.5.’ q_uestions which is distinguished from "arbitration," in that the latter viord imports submission of a controversy without any lawsuit having been hrrxight, while “reference" imports a lawsuit flPi3iIlll'.', and an issue framed or question raised which (and not lbe controversy itself) is scnt our. Thus, arbitration is resorted to instead of any judicial proceeding; while reference is one mode of dE(‘li>'iOlJ erup oyed in the course _of a judicial p|"OC(‘Edi|'l_L'. And “rel'erence" is dist.hun.lshed from "hearing or trial." in that that are the ordinary modes of decidinz issues and questions in and by the courts with aid oi juries when proper: while reference is an employment of non-'udicial persons—inrlividuais not integral parts of the court4for_ the deci- sion of particular matters inconvenient to he heard in actual court. Abbott.

2. To point, allude. direct, or make reference to. This is the use of the word in con- reyancing and in literature, where a word or sign introduced for the purpose of directing the reader's attention to another place in the deed. book. document, etc., is said to “refer" him to such other connection.

BEIPEBEE. In practice. A person to

whom 11 c-iuse pending in a court is referred by the court. to take testimony. hear the parties, and report thei-con to the court. See REFER. And see In re Hathaway. 7] N. Y. 243; Betta v. Letciier. I S. D. 182. 46 N. W. i93: Central Trust Co. v. Wuhash. etc., R. Co. (C. C.) 32 Fed. 685. —Beferee in bankruptcy. An Ofllf‘Pl' appointoil by the courts of bnnkriiptcy under the act of 1998 (U. 9 Comp. St. 1901. D. 3-118i corresponding to the "

re-_'istel's in hnnkruiitvy under earlier statutes having‘ administrative and quasi-judicial functions under the bankruptcy law, and who nssists the court in such cases and relieves the judge of attention to matters of detail or routine, by taking charge of all ntiininistrative matters and the preparation or preliminary consideration of questions requir- lug judiuai decision. subject at all times to the supervision and review of the court.

REFERENCE. In contracts. An agreement to sulimit 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 exami- nation and decision. See REFISB.

In commercial law. The act of sending or directing one person to another, for in-



formation or advice as to the character, solv- EEC)’. standing. etc., of a third person, who desires to open business relations with the first, or to obtain credit with him. —Refex-enoe 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 may be presented "in case of need;" 1'. e., in case it is dishonored by the original Lirnwec or acceptor. Byies. Bills. '.Z(i1.—Il.efe1-ence to record. nder the Emziish practice, when an action is commenced, an entry of it is made in the cause-book according to the vear, the initial letter of the surname of the first pinintilI, and the place of the action. in niimericui order among those comnienred in the same year. c. 57.. ‘I876. A. 2G:" nnd all subsequent documents in the action Isuch -is pleadings and affidavits) bear this mark, which is called the “reference to the record." Sweet

REFERENDARIUS. An officer by whom the 0l'liE1‘ of causes was laid before the Roman emperor, the desires of petitioners made known, and answers returned to them. Vicat. Voc. Jur.: Calvin.

R]-JFERENDARY. In Saxon law. A master of requests: an officer to whom petitions to the king were referred. Spelman.

REFERENDO SINGULA SINGULIS. Lat. Referring individual or separate words to separate subjects: making a distributive reference of words in an instrument; a rule of construction.

REFERENDUM. In international law. A coniniunication 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 further instructions.

In the modern constitutional law of Switzerland, the 1'('f€T61'iv(ht7Ii« is a method of submitting an important legislative measure to a direct vote of the whole people. See PLE- BISCITE.

REFINEMENT. A term sometimes emplo_\ ed to describe verhisge inserted in a pleading or indictment. over and above what is necessary to be set forth: or an obje(tion to a plea or indlctnieiit 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. SS7.

REFORM. To correct. rectify, amend. remodel. Instruments infer partcs may be reformed, when defective, by a court of equity. 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 suificieiitiy express, through some error. niistaire of fact, or inadvertence.) will decree that the in strument be held and construed as if it tully and technically expressed that intention

See Sullivan v. Haskin, 70 Vt. 487, 41 Au.