Page:United States Statutes at Large Volume 30.djvu/1341

 FIFTY-FIFTH CONGRESS. Sess. III. Ch. 429. 1899. 1303 Sec. 163. That if the defense be the insanity of the defendant the d§¤>g¢°·**¤g¤ W?*·*¤ jury must be instructed, if they find him not guilty on that ground, to 0$°.;1w:iii.¤ Tiiqiliigaig state that fact in their verdict, and the court must thereupon, if it i‘Y· deems his being at large dangerous to the public peace or safety, order him to be committed to any lunatic asylum authorized by the United States to receive and keep such persons until he become sane or be otherwise discharged therefrom by authority of law. . CHAPTER SEVENTEEN. OF EXCEPTIONS AND NEW TRIAL. Sec. Sec. 164. Definition of exception. l 168. For what causes granted. 165. Exceptions, how taken. 169. Motion for new trial. 166. When exceptions not taken or al- 170. Same, when made. lowed. 171. Motion should state grounds. 167 . Definition of new trial. 172. Counter aliidavit, when allowed. Sec. 164. That an exception is an objection taken at the trial to a Dsfinitiou of exccp decision upon matter of law, whether such trial be by jury or court, M"' and whether the decision be made during the formation of a jury, or in the admission or rejection of evidence, or in the charge to the jury, or at any other time from the calling of the action for trial to the rendering of the verdict or decision. Sec. 165. That the point of the exception shall be particularly stated, mE¤¤¤1>¤i¤¤¤» Mw and may be delivered in writing to the judge or entered in his minutes, °°` and, at the time or afterwards, be corrected until made conformable ‘ to the truth. Sec. 166. That the statement of the exception, when settled and Kh;¤ ¤¤:il¤v¤i¤¤¤ allowed, shall be signed by the judge and filed with the clerk, and there- °° ° °" " °w°d' after it shall be deemed and taken to be a part of the record of the cause. No exception need be taken or allowed to any decision upon a matter of law when the same is entered in the journal or made wholly upon matters in writing and on file in the court. Sec. 167. That a new trial is a reexamination of an issue of fact in h}:f“’“°i°¤ °‘ D"' the same court after a trial and decision or verdict by a court or jury. ' Sec. 168. That the former verdict or other decision may be set aside` F<>{°dwl¤¤¢ ·=¤¤¤¤¤ and a new trial granted, on the motion of the defendant, for any of the gm ' following causes materially aiiecting the substantial rights of such art : p Fiifst. Irregularity in the proceedings of the court, jury, or adverse party, or any order of the court or abuse of discretion, by which such party was prevented from having a fair trial. Second. Misconduct of the jury or prevailing party. Third. Accident or surprise which ordinary prudence could not have . guarded against. Fourth. Newly discovered evidence, material for the defendant, which he could not with reasonable diligence have discovered and produced at the trial. Fifth. Insufficiency of the evidence to justify the verdict or other decision, or that it is against law. Sixth. Error in law occurring at the trial and excepted to by the defendant. , Sec. 169. T.hat a motion for a new trial, with the affidavits, if any, Mmouromewu-mi. in support thereof, shall be filed within one day after the rendition of the verdict or other decision sought to be set aside. When the adverse party is entitled to oppose the motion by counter afiidavits, he shall file the same within one day after the filing of the motion. The motion shall be heard and determined during the term, unless the court continue the same for advisement or want of time to hear it. Sec. 170. That upon a trial by the court, when the decision is given Same, wuanmm. in vacation, a motion for a new trial shall be filed within twenty days from the time of filing such decision. If the next regular term of said