Refer in United Kingdom

Concept of Refer

The following is an old definition of Refer [1], a term which has several meanings:1. To send to a person specially selected, for examination and report, a question or issue raised in a pending suit. Referee. The person so designated: an auditor, master, register in bankruptcy, or like officer. As used in Rev. St. § 824, which allows a docket fee to be taxed on a trial “before referees,” – a class of officers who are appointed in pursuance of State statutes, to hear and determine all or a portion of the issues that arise on the final hearing of a cause. It does not refer to or include masters in chancery, how- ever they may hold their places. Reference. The act, order, or paper by which a matter is committed to one or more persons for investigation and report. Refer bade; reference back. Import a second or new return of a matter to the referee (auditor, master, etc.) for an additional or amended report. When a case is referred, not by a submission in pais, but by a rule of court, the referee derives his authority from the court, not from the consent of the parties. The case remains in court subject to its power, and a judgment must be entered by the court. The procedure is a substitute for a trial by jury. See Arbitration; Audit; Award; Finding, Special; Master, 4; Report, 1 (1)

Alternative Meaning

A reference in one instrument to another incorporates the latter. See further Veebum, Verba illata, etc.

Resources

Notes and References

1. Meaning of Refer provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)