Reference

the capability or character of alluding to or bearing on or directing attention to something," and is the equivalent of "relation" and "respect." Id., at 1907.

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.

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.

In contracts. An agreement to submit to arbitration; the act f parties fu submitting their controversy to chosen referees or arbitrators.

In practice. The act of sending a cause pending in court to a referee for his examination and decision. See Reeeb.

In commercial law. The act of sending or directing one person to another, for information or advice as to the character, solvency, 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 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 ;" i. 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 plaintiff, 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.

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.