Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
REFER, v. Also Sc. forms refar (Abd. 1871 W. Alexander Johnny Gibb xiv.; Ags. 1921 D. H. Edwards Fisher Folk 169), reffarr, refaar (Abd. 1880 W. Robbie Yonderton xxiii.). Sc. usages. [rə′fɛr; ‡rə′fɑr]
1. tr. Sc. Law, in a civil action: to submit a fact at issue to proof by the oath of the opposing party in a case, now gen. the defender in a case of debt; also to appeal to (the oath of the party). Hence reference, referrer, the act of submitting, the one who submits, the question to the defender's oath. See Oath, 5. and 6.Sc. 1703 Morison Decisions 13205:
By and attour the sums contained in these receipts, which, with other articles, he refers to oath.Sc. 1752 Bankton Institute II. iv. § xxxii.:
This Reference to the defender's oath will not be allowed, if it is done invidiously or fraudulently.Sc. 1773 Erskine Institute iv. ii. § 8:
The pursuer confiding in the defender's veracity, or perhaps sensible that he can bring no other evidence, refers the point in controversy to his oath.Sc. 1797 Encycl. Brit. IX. 714, 724:
Crimes cannot, like debts, be referred to the defender's oath.Sc. 1838 W. Bell Dict. Law Scot. 371:
It appears even to be doubtful whether the deposition of the bankrupt on reference to his oath . . . will be admitted as good evidence in favour of the referrer.Sc. 1896 W. K. Morton Manual 474:
Oath on Reference — Where a party fails to prove his case either by writing or by witnesses, he has still the right to refer the question in dispute to the oath of the other party (provided that other party has not already given evidence as a witness), but only on the footing of his standing or falling by the result of such oath.Sc. 1930 Encycl. Laws Scot. X. 396:
A reference to oath, when the Court has interponed authority and when the party whose oath is referred has appeared and deponed, forms a judicial contract between the parties.
2. intr. or absol. To defer, delay, hold a matter over, put off making a decision (Sc. 1825 Jam.). Obs. in Eng.Sc. 1748 Chrons. Atholl and Tullibardine Families III. 379:
As to the particulars of this I shall reffarr till my next.Ags. 1957:
I was i' the mind o buying ane mysel but I think I'll refar for a bit yet.
