Foster v. Bryan

The referee failed to deliver his report within sixty days from the time the action was 'finally submitted to him; but no step was taken by either party to proceed in the action as though no reference had been ordered, until after the report was made and delivered. The defendant, against whom the referee has"reported, now insists that the report is void, and that the referee had lost all right to make any report in the action by his neglect to report within the time prescribed by section 273 of the Code.

The clause in question was added to this section in 1862. It is remedial in its character,…