Page:United States Statutes at Large Volume 31.djvu/1307

 FIFTY-SIXTH CONGRESS. SEss. Il. Ch. 854. 1901. 1255 Sec. 415. DEros1T1oNs.—In suits in equity the referee shall have D€P°*“‘°“”· power to take depositions in cases where they are now taken before an examiner in chancery, and in all suits shall receive and consider all depositions and other evidence in like manner as where the trial or hearing is by the court. He may allow amendments to process or pleadings, pass interlocutory orders, award costs, and hear and determine all questions arising in the cause, with like eifect as if done by order of the court. , Sec. 416. AWARD, WHEN TO BE EILE1>.—Within sixty days after H1g*g*¤¤d·Wh€¤ *0 be the reference is made, unless a longer time is agreed upon by both ` parties or allowed by the court, the referee shall file with the clerk a written award and give notice thereof to each party interested; otherwise either party may notify the adverse party, or his attorney o1· solicitor, that he elects to end the reference, and the cause shall proceed as if no reference had been made. Sec. 417. Form OF AWARD.·—Th€ linal award of the referee shall F°"¤ °f*“"*“d· state separately the facts found by him and his conclusions of law, and direct the judgment or decree to be entered thereu on, including a determination as to costs, and in common—law cases the finding as to the facts shall have the effect of a verdict of a jury. ` Sec. 418. SETTING ASIDE.—~OH motion filed within twenty days after Setting aside. notice of the filing of the award.to the parties or their attorneys, the court may set aside his award because of corruption or misconduct of the referee, or because he exceeded his powers or so imperfectly executed them that a iinal award was not made, or may modify his award in case of an evident miscalculation of figures, or if it relates to matter not submitted, or is imperfect in form. Sec. 419. J UDe1IExT.——J udgment or decree, if no such motion is ~l“d€m€¤‘· made, or it is overruled, or the award is only modified as aforesaid, shall thereupon be entered by the clerk as in the award directed, and shall stand as the judgment of the court. Sec. 420. APPEALS IN EQUITY CAUSES.—;hl1 appeal may be taken to Cajggals in equity the court of appeals from such final deeree in equity causes in like manner as from decrees rendered by the court. Sec. 421. EXCEPTIOXS.—U1)OH the trial of issues of fact in an action EX°°P“°“*‘· at law exceptions may be taken to the rulings of the referee upon the admissibility of evidence or upon questions of law arising during the hearing; and a refusal to make a finding upon a question of fact, upon sufficient evidence in law to sustain it, or making a finding of fact without sufficient evidence in law to sustain it, shall be deemed such a ruling upon a question of law., ` Sec. 422. Such exceptions must be taken at the time the rulings —*°b€i¤‘Vmi¤8»€*¤- excepted to are made, and must be reduced to writing by the exceptant, or they may be noted ‘on the minutes of the referee and afterwards stated in a bill of exceptions, which shall be settled in the same manner as where the trial is by a jury, as directed by the rules of court, the referee exercising the same power therein as the trial justice in case of a jury trial. Sec. 423. ;hPPEALS IX COMMON-LANV CAsEs.—An appeal may be taken Appealsin common to the court of appeals from a final judgment in a common-law case, rw c&S€S‘ entered upon the award of the referee, in the same manner and with like effect as from a judgment rendered by the court on the verdict Of a jury. Sec. 424. RECORD.—·Th€ exceptions taken as aforesaid shall consti- Recordtute a part of the record upon which an appeal from the judgment shall be heard. It shall not be necessary, however, to take exceptions to the conclusions of law appearing upon the face of the referee’s award; but any error therein shall be considered on appeal as if presented in a formal bill of exceptions. Sec. 425. FAILURE OF REFEREE TO ACT.-Ill case of the disability M_§**=““”° °f">f€*€€*° of the referee, or his failure or refusal to proceed with the reference, `