Page:United States Statutes at Large Volume 31.djvu/417

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 365 of juries, except that neither party shall be entitled to a peremptory challen e. ‘ Sec. $2.16. Subject to the limitations and directions prescribed in the ,uI;{§§1°§)‘}i‘g§;§§m°“S order of reference, the trial by referee shall be conducted in the same I manner as a trial by the court. They shall have the same ower to grant adjournments, administer oaths, to preserve order, and) to punish all violations thereof upon such trial, and to compel the attendance of witnesses- and to punish them for nonattendance or refusal to be sworn or testify, as is possessed by the court. Sec. 217. The report of the referee shall state the facts found, and m}XP*§v§*gg$1*ge°Q0°ggj when the order of reference includes an issue of law it shall state the comimyiz. ·. conclusions of law separately from the facts. The referees shall Hle with their report the evidence received upon the trial. If evidence offered by either party shall not be admitted on the trial, and the party offerin the same except to the decision rejecting such evidence at the time, the exception shall be noted by the referees, and they shall take and receive such testimony and iile it with the report. Whatever judgment the court may give upon the report, it shal, when it appears that such evidence was frivolous or inadmissible, require the arty at whose instance it was taken and reported to pay all costs and dlisbursements thereby incurred. Sec. 218. The report shall be filed with the clerk. If it be filed in m§0‘}§}°‘gr‘°fg§* }§f,‘;‘j term time, either party may, within such time as may be prescribed mentthereonby the rules of the court, or by special order, move to set the same aside or for judgment thereon, or such order or proceedings as the nature of the case may require. If the report be filed in vacation, the like proceedin s. may be had at the next term following. Sec. 219. T§e court may aiiirm or set aside the report either in 0nP’°°°°d*¤8¤ there whole or in part. If it aflirm the report, it shall g1VB judgment ` accordingly. If the report be set aside either in whole or in part, the court may make another order of reference as to all or so much of the report as is set aside to the original referees or others, or it may find the facts and determine the law itself and give judgment accordin ly. Upon a motion to set aside a report, the conclusions thereof shall be deemed and considered as the verdict of a jury. { CHAPTER TWENTY—ONE. · or rzxcrzrcrrorrs. Sec. Sec. 220. Definition of exception; must be i 223. To be signed by the judge and filed. material. When exceptions need not be taken 221. Exceptions, how stated and settled. l or allowed. 222. No particular form required. 1 224. \Vhat deemed excepted to. Sec. 220. An exception is an objection taken at the trial to a deci- ug1q¤¤i¤i¤g€f exc? sion u on a matter of law, whether such trial be by jury or court, mif mus ° ma B` and whether the decision be made duringxthe formation of a jury, or in the admission of evidence, or in the c arge to the jury, or at any other time from the calling of the action for trial to the rendering of the verdict or decision. But no exception shall be regarded on a motion for a new trial, or on an appeal, unless the exception be material and affect the substantial rights of the parties. _ Sec. 221. The point of the excepltion shall be particularly stated, and mIj§§"§’,§}{’§§;t]e(§{°W 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. 222. No particular form of exception shall be required. The ,,,§{,’,g$,{"°“‘“’ f°““ objection shall be stated with so much of the evidence or other matter as is necessary to explain it, but no more.