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Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

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 bsfore 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 with nid of juries when proper; while reference is an employment 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 reference to. This is the use of the word in conveyancing and in literature, where a word or sign introduced for the purpose of directing the reader's attention to another placo in the deed, book, document, etc., is said to "refer" him to such other connection.