Reference
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
A sending or direction to a person or place. In Contracts. A statement In a writing, wherein it points to another for the ' matters therein contained. In Mercantile Law. A direction or request by a party who asks a credit to the person from whom he desires it to some other person named, in order to ascertain the character or mercantile standing of the former.. In Practice. The sending of a pending cause, or some question therein, by the court in which it is pending, to a private and report the same, with or without his opinion thereon, to the court. Distinguished from arbitration. The submission of a controversy to a private person by the parties is sometimes called "reference," but the term "reference" properly applies only to reference by a court in the exercise of its powers as such, whether it be with or without the consent of the parties. The cases in which reference may be made, and the powers and duties of referees, are governed by varying statutes. Generally speaking, any cause may be referred with the consent of the parties, and any cause in which there is no constitutional right to a jury trial may be referred, in the discretion of the court. Whether the referee merely report evidence or determine the cause, his report must be confirmed by the court appointing him, and the court has extensive power of revision on motion to confirm.