Referees ap- sent of par ties When par ties do not of chapter one hundred, of the revised statutes of one thousand eight hundred and forty-six, be and the same are hereby amended so as to read as follows: Sec. 3. Issues joined in any civil action at law, whether of fact or of law, may, upon the written consent of the parties, filed with the clerk, or upon their oral consent in open court, be referred to such person or such three persons as may be agreed upon by the parties, or appointed by the court in case the parties fail to agree. Sec. 4. When the parties do not consent, the court may, upon consent the the motion of either, or upon its own motion, direct a like reference in either of the following cases: court to ap point. First. Second. First When the trial of an issue of fact shall require the examination of mutual accounts, or of a long account on one side only, or where the taking of an account shall be necessary for the information of the court before judgment; but no such case shall be referred if either party shall, within ten days after the joining issue, file with the clerk a written demand for a trial by jury. Second. When a question of fact other than upon the pleadings shall arise, upon motion or otherwise, either before or after Application the judgment; and the circuit judge, in vacation, may, by an to appoint in vacation order under his hand, direct such a reference on the written erees, how Powers of referees. application of either party, which application, with notice of the time and place, within the county where the cause is pending, when and where the same will be presented, shall be served on the opposite party or his attorney, for such length of time before presentation as shall be required by the rules of the circuit courts for notices of special motions. Trial by ref- Sec. 5. The trial by such referees shall be conducted in the conducted. same manner as a trial by the court; they shall have the same power to administer oaths, to issue process to compel the attendance of witnesses, to grant continuances, to preserve order, and to punish all violations thereof, and if any witness shall fail to attend before such referee or referees, after being duly summoned or subpoenaed, according to the practice of the court, how all Referees all to meet, dede- cision of. court, or being present, shall refuse to be sworn or to testify, such referee, or referees, if in term time, may certify the facts to the court, or if in vacation, to any judge of the circuit court at chambers, and such court or judge may thereupon, if the facts certified shall appear to warrant it, punish such witness Contempt of as for a contempt of court, in the same manner as the court punished. could do if the witness had committed such contempt before such court. When more than one is appointed, they must meet to hear proofs, arguments, and to deliberate; but a cision of the majority shall be regarded as their decision. The circuit judge may, by an order under his hand, filed with the clerk, discharge any referee on cause shown by affidavit, Discharge of and may, in like manner, fill any vacancy that may occur in their Vacancy. number, or may direct the reference to proceed and be concluded without filling any such vacancy He shall, in like manner, Judge may have power, on cause shown, to make an order for expediting port. the proceedings before referees, and to compel a report or the signing of a bill of exceptions. referees. compel a re when filed. en'ered report, the tify the par Sec. 6. The referees shall report to the court in writing, Report, showing therein the facts found, and the conclusions of law separately; and such report may be filed in term time or in vacation, and shall stand as the finding of the court in term time, unless excepted to, and judgment may be entered thereon in Judgment the same manner as if the action had been tried by the court. thereon. Sec. 7. When the referees shall file their report, the clerk On filing the shall, without delay, give notice thereof, in writing, to the re- clerk to nospective parties, or their attorneys, in the manner provided for ties. the service of notices in the circuit court, and immediately endorse on said report, under his hand, his certificate of the giving Certificate of such notice, and the time when the same was given, which certificate shall have the same effect as evidence as the return Effect of. of service of an original writ by a sheriff; and either party, within ten days after receiving such notice, may file with the Exceptions clerk exceptions in writing to any conclusion of law in such served report, and shall serve a copy of such exceptions on the opposite party, and exceptions being filed and served as aforesaid, of notice. filed, copy Notice for the case may be noticed for argument before the court, on such argument exceptions, on any day in term, on same notice as shall be requisite for special motions; but it shall not be necessary for the parties to file exceptions to the report, in order to obtain a need not be review of any ruling of the referees embodied in a bill of exceptions, settled as provided by the next section. When ex ceptions taken. Exceptions to ruling of tions ed. Sec. 8. Either party, on the hearing before the referees, shall refeeres be entitled to take exceptions to any ruling of the referees, in the same manner as on trial in open court; and in case exceptions are so taken, the parties respectively shall be notified by the referees of the time and place when and where they will meet to complete their report, at which time they shall be inBill of excep formed of the conclusions of the referees; and the party so excepting, may then, or previous to such time as the referees shall then adjourn to, prepare a bill of exceptions, which shall be settled by the referees on such adjourned day, and shall then How review be annexed to and filed with their report, and a review thereof may be had in the same manner as of exceptions to the report. Report may Sec. 9. On the hearing of such bills of exceptions, or upon be confirm'd or set aside. exceptions to the report, or both, the circuit court may confirm or set aside such report, in whole or in part, and in its discretion refer the case back to the referees, or enter judgment thereon; and in case that judgment shall be entered thereon, error may be brought on such judgment as in other cases, in which case the bill of exceptions, if any, the report and the exceptions to the report, shall be considered as forming a part of the record in the case, and the finding of facts by the referees shall be treated as a special verdict. Error may be brought. Parties may be witnesses Sec 10. The referees shall be entitled to call the parties as witnesses in the case on which the court might call them, if the hearing were in open court; and in all cases where motions are referred, the referees shall be entitled, at their option, to call and examine the parties and their witnesses personally, instead Commision of hearing the motion on affidavits; and commissions may be ing testimo obtained for the taking of testimony to be used on hearings before referees, in the same manner as on trials in e's for tak ny. open court. tion of ref of time ex Sec. 11. The referees shall be allowed such compensation for Compensatheir services as the court may deem just, which shall be taxed erees. as a part of the costs in the cause, or the parties and the referees, by stipulations to be annexed to the report, may agree on the rate of compensation to be made to the referees; and in Certificate every case each referee shall append to, and return with the re-pended. port, a certificate under his hand, setting forth the time actually expended by him in the business of such reference: Provided, Proviso. That six hours shall be considered as one day, and three hours one-half day, for the purpose of fixing the time employed by any referee upon such reference; and whenever a referee shall fail to report, certify, and return, as aforesaid, the time employed Effect of failure to rep'rt by him in any reference, he shall be deemed to have waived all time expended. compensation for his services as such referee: And provided further, That whenever a stipulation in writing, as aforesaid, Stipulation shall be made between the parties and the referees, fixing the sation. compensation, such stipulation shall be attached to, and returned with the report, and the court shall allow the compensation so fixed, and no other. Approved March 11, 1861. or compen [ No. 120. ] AN ACT to amend an act entitled "an act to organize the Michigan Asylum for the Insane, and more effectually to provide for the care, maintenance and recovery of the insane. amended. SECTION 1. The People of the State of Michigan enact, That sections four and twenty-four of an act entitled an act to or. Sections ganize the Michigan Asylum for the Insane, and more effectually to provide for the care, maintenance and recovery of the insane," approved February fourteenth, eighteen hundred and fifty-nine, being act one hundred and sixty-four of session laws of eighteen hundred and fifty-nine, be and the same are hereby so amended as to read as follows: appoins offi Sec. 4. The trustees shall appoint a medical superintendent, Trustees to who shall be a well educated physician, experienced in the cors. Bonds. Indigent insane, proceeding in case of. treatment of the insane, and a treasurer, who shall give bonds for the faithful performance of his trust, in such sum and with ' such sureties as the Auditor General of the State shall approve. They shall also appoint, upon the nomination of the medical superintendent, a steward and chaplain, and also, in the same manner, an assistant physician and a matron, both of whom, and the medical superintendent himself, shall constantly reside in the asylum. Sec. 24. When a person in indigent circumstances, not a pauper, becomes insane, application may be made in his behalf to the probate judge of the county where he resides, and said probate judge shall call two respectable physicians and other credible witnesses, and also immediately notify the prosecuting attorney of his county of the time and place of meeting, whose duty it shall be to attend the examination and act in behalf of said county; and said probate judge shall fully investigate the facts in the case, and either with or without the verdict of a jury, at his discretion, as to the question of insanity, shall decide the case as to his indigence; and if the probate judge certifies that satisfactory proof has been adduced showing him insane, and his estate is insufficient to support him and his family, or if he has no family, himself, under the visitation of insanity, on his certificate, authenticated by the county clerk and seal of the circuit or district court, he shall be admitted into the asylum, and supported there at the expense of said county until he shall be restored to soundness of mind, if effected in two years, and until removed by order of the board of supervisors. The probate judge in such case shall have power to compel the attendance of witnesses and jurors, and shall file the certificates of the physicians, taken under oath, and other papers, with a report of his proceedings and decision, with the clerk of the county, and report the fact to the supervisors, whose duty it shall be, at the next annual meeting, to raise the money requisite to meet the expenses of support accordingly. Sec. 2. This act shall take effect immediately. Approved March 11, 1861. |