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Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

In Contracts. An agreement to submit to certain arbitrators matters in dispute between two or more parties for their decision and judgment. See Arbitration and Award. In Mercantile Law. A direction or request by a party who asks a credit to the person from whom he expects it, to call on some other person named, in order to ascertain the character or mercantile standing of the former. See Privileged Communications. In Practice. The act of sending any matter by a court of chancery, or one exercising equitable powers, to a master or other officer, in order that he may ascertain facts and report to the court. That part of an instrument of writing where it points to another for the matters therein contained. For the effect of such reference, see Corbin v„ Jackson, 14 Wend. (N. Y.) (319, 28 Am. Dec. 550. The thing referred to is also called a reference. Reference bureau. See Statute. REFERENDARIUS (Lat.). 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, Yoc. Jur.; Calvinus, Lex. A king’s chancellor at the time of the conquest. 1 Social England 136. See Cancellarius. REFERENDUM (Lat.). In International Law. A note addressed by an ambassador to his government, submitting to its consideration propositions made to him touching an object over which he has no sufficient power and is without instructions. When such a proposition is made to an ambassador, he accepts it ad referendum; that is, under the condition that it shall be acted upon by his government, to which it is referred. In Municipal Law. The submission of a proposed law to the voting citizens of a country for their ratification or rejection The laws are first passed upon by the legislature and then referred to the people for their final ratification. This method of government is supposed to have originated in Switzerland; but it has in effect been employed in the United States since the revolution, in country, city, township, and school district governments, especially in New England. It has also, during the same time, been the practice in the United States for new state constitutions to be submitted to popular vote after they have been prepared by a convention of delegates elected by the people. See Initiative, Referendum and Recall; Local Option; Constitutionality; Oberholtzer, The Referendum in America; Delegation; Legislative Power.