The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1889-07-09
RSFERniNG LAWSUITS.
How This Useful and Adranta Seous Legal
aston Originated.


'How cid the practice of sending
legal cases 10 referees begin?" repeat
ed Mr.. Norris Cooper, the author OF
leading works on the subject of ref
ereeS and references, to the inquiry
made by a reporter. 1T is tery
old custom. | know il is extensively
employed now and that many cases
are sent to referees without consent OF
the parties at issue. But the object
is to save the time OF the court and
the jury. We have the authority OF
that learned jurist Chief Justice DAILY
for the statement that the practice
came into use when New York was a
colony under the Dutch. The Dutch,
as was the usage in Amsterdam, re-
ferred the settlement OF matters of
account TO three persons called arbi-
traitors. The English found the GUS
tom here and esteemed it more sat
isfactory method of procedure for the
Investigation of matters of account
than a trial by jury.
"The Charter OF Liberties and Priv
iieges enacted in 1855. sanctioned only
trials by jury. As a consequence
there was no method of trying actions
involving the examination OF long ac-
counts except by the tedious and ex-
pensive common law action of account.
That was so dilatory an affair that it
feel into disuse, and jury trials in as
sumpsit were resorted TO. The juries
complained of the burdens to which
they were subjected in being obliged
to unravel long and intricate accounts.
La 1863 the first statute we had in
this country on the subject was en-
acted. IL was entitled An act for
the better determination of per-
sOnal actions depending upon
accounts This statute authorized the
Supreme Court, with or without the
consent of the parties, to refer actions
requiring the examination of long ac-
counts on either side. Actions brought
by or against executors or admins
traitors were excluded from the effect
of the provisions.
care the courts acting under that
old law now?"
VIRTUALLY, yes; but actually, no.
In 1888 an act was passed for the
amendment of the law and the better
advancement of justice. which provid-
ed that, IL it should appear in any
cause that the trial would require the
examination of a long account, the
court, after issue had been Joined,
could, with or without consent. refer
the cause To referees. In 1913 the act
was amended by providing for COM
pulsory reference of the issues TO three
persons in actions involving long ac-
counts. Again in 1929, 1856 and 1916
the Revised Statues provided the same
thing. At the last date, however, a
further provision was made, so that
by consent of the parties the matter
could be sent TO a single referee in
the reference was compulsory. The
Code of Procedure of 1918 gave
the court power, but did not make
it obligatory, to refer such cases in
volving long accounts, and direct the
referees to hear and decide the whole
issue or TO report on any specific ques-
ton of fact involved therein, the TAX
ing Of an account or questions of fact
arising in any stage of the action. This
saved much Of the time of the court.
This was slightly amended by the Code
of Procedure of 1S49, which remained
in force until September, 1877, when
the present Code o. Procedure went
into effect. Section lob OF the last
named code promises that the court
may, of its own motion, or upon the
application of either party, without
the consent of the other, direct trial
of the issues Of fact by a referee where
the trial will require the examination
of long account on either side, and
will not require the decision of diff
cult questions of law. In an action
triable by the court without jury
reference may be made TO decide the
whole issue, or any OF the issues, or to
report the referees finding upon one
or more specific questions of fact in
volved in the issue. This is the law
now, and it shows no substantial
change since 1Si9. Were 1t not for
the power of reference the courts Of
the present time would not be able to
get through their business, and many
cases would be Unfortunately long, to
the detriment of other suitors. IN Y
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