« 이전계속 »
Sec. 399. In all judicial proceedings the court, justice or judge, in which, or before whom, the cause shall be pending shall have power upon such terms as shall seem best, at any stage of the case, to allow amendments of writs, pleadings, or other papers in the cause and to allow supplemental or substituted affidavits to be filed.- Act of June 30, 1902.
[Sec. 399. PROCEEDINGS.-In all actions at law the court shall have power to order and allow amendments to be made in all proceedings whatsoever, so as to have the merits of the controversy fairly tried, before the jury retire to make up their verdict, in cases of jury trial, and at any time before judgment is entered in cases of issues of law or fact tried by the court.]
Sec. 400. CONTINUANCE.- No such amendment shall entitle either party, as of course, to a postponement of the trial or to a continuance of the case to the next term of the court; but the court shall allow a postponement or continuance in case the ends of justice require it, and upon such terms as the court shall deem proper. If such amendment is ordered and a postponement or continuance is allowed after the jury have been sworn the jury shall be discharged.
Sec. 401. COSTS.--In all cases of amendment such costs shall be allowed the party against whom the amendment is made as the court may determine.
Sec. 402. By WHOM BOUND).- A minor child may be bound as an apprentice by his guardian; or, if none, by his father; or, if neither father nor guardian, by bis mother, with the consent, entered of record, of the probate court, or without such consent if the minor, being fourteen years of age, agree in writing to be so bound; or by the probate court as hereinafter provided.
Sec. 403. TERM.—The utmost term of any apprenticeship shall be until the apprentice attains the age of twenty-one if a boy, or eighteen years if a girl.
Sec. 404. CONTRACT.-The writing by which such minor is bound as apprentice shall specify his age and what art, trade, or business he is to be taught. The master shall be bound to teach the same, and also to teach him reading, writing, and common arithimetic, and to supply him with suitable clothing and maintenance, and pay such amount, if any, as may be agreed upon for his services and expressed in the contract. The writing by which any minor is bound shall be filed in the office of the register of wills, and until it be so filed the master shall not be entitled to the services of said apprentice.
Sec. 405. COMPLAINTS.— The probate court, during the term of any apprenticeship, may hear complaint of the apprentice, indentured child, or anyone in his behalf, against the master or person to whom indentured, for undeserved or excessive correction, want of instruction, insufficient allowance of food, clothing, or lodging, or nonpayment of what was agreed to be paid; or the complaint of the master or person to whom indentured against the apprentice or indentured child for desertion or other misconduct; and, after reasonable notice of the complaint to the party against whom it is made, may determine the matter in a summary way and discharge either party from the contract of apprenticeship, or make such order as the case may require.
Sec. 406. REMOVAL OF APPRENTICE.- No master of an apprentice shall send or carry his apprentice out of the District, except in the case of mariners; and the said probate court, on being credibly informed that any master designs so to remove his apprentice, may require him to give bond conditioned against such removal, and on his refusal so to do may discharge the apprentice.
Sec. 407. ASSIGNMENTS.— The contract of apprenticeship, with the approbation of said court, may be assigned by the master, or, after his death, by his personal representatives, on such terms as the court may prescribe.
Sec. 408. CONCEALMENT.-If any person shall conceal, harbor, or facilitate the running away of an apprentice, he shall be liable to an action therefor by the master, either in the said supreme court or before any justice of the peace, according to the amount of damages claimed.
Sec. 409. FORM OF CONTRACT.-The form of the contract of apprenticeship shall be the following, or to the same effect:
This indenture witnesseth, that it is mutually agreed between ......... and ......... that ........., a minor, aged ......... years shall be taken and held as an apprentice for the term of ........ years, by the said .........; and the said ......... contracts and covenants with the said ......... to faithfully and carefully instruct the said ........... in all the handicraft of a ........... (And the said
...... further contracts and covenants that the said minor shall be allowed, as compensation for his services, at the rate of ..........). Witness our hands and seals this .......... day of .........
: (Seal.] Acknowledged before me, a notary public (or justice of the peace), this .......... day of ........
A B, Notary Public. Sec. 410. To WHOM MONEY TO BE PAID.—The money which the master is to pay shall be paid to the father or other party contracting with the master, or to the minor, in whole or in part, as said probate court may direct.
Sec. 411. JURISDICTION OF PROBATE COURT.-The probate court may bind out as an apprentice, or indenture to any proper person, any orphan child, any child abandoned by its parents or guardian, any child of habitually drunken, vicious, or unfit parents, when any such child as aforesaid shall not be in the care or custody of some person who is providing for its comfortable maintenance and education, and also any child habitually begging on the streets or from door to door, and any child kept in vicious or immoral associations. The terms of such apprenticeship or of such indenture shall be such in each case as the court may deem proper, having in view the future interests and welfare of the child.
Sec. 412. IN WHAT CASES.—By consent of the attorneys or solicitors on both sides, manifested by written stipulation, any common-law or admiralty or equity cause pending in the supreme court of the District of Columbia, except suits for divorce or nullity of marriage, or suits wherein [the defendant any party to be affected by the result is an infant, idiot, or lunatic, may be referred for trial, upon the issues of law and fact therein involved, by an order of court, to some referee consented to by the parties or their counsel and named in the order.
Sec. 413. OATH OF REFEREE.-—The referee, before proceeding to hear the cause, shall be sworn faithfully and fairly to try the issues and determine the questions referred to him, as the case may require, and to make a just and true award thereof.
He shall thereupon fix a time for the hearing of said cause and notify all parties thereof.
Sec. 414. POWERS. - He shall have power to administer oaths, to cause subpænas and subpenas duces tecum to be issued to witnesses and to compel their attendance by attachment, and to punish a witness by fine and imprisonment for contempt of court, for nonattendance, or refusal to be sworn, or to testify. He shall have the same power to adjourn from time to time, and to preserve order in the trial or hearing before him, and to punish any violation thereof, as a court in regular session.
Sec. 415. DEPOSITIONS.-In suits in equity the referee shall have 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 effect as if done by order of the court.
Sec. 416. AWARD, WHEN TO BE FILED.-Within sixty days after 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 or 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.-The final award of the referee shall state separately the facts found by him and his conclusions of law, and direct the judgment or decree to be entered thereupon, 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.-On motion filed within twenty days after 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 final 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. JUDGMENT.—Judgment or decree, if no such motion is 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. —An appeal may be taken to the court of appeals from such final decree in equity causes in like manner as from decrees rendered by the court.
Sec. 421. EXCEPTIONS.—Upon the trial of issues of fact in an action 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 bearing; 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 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. APPEALS IN COMMON-LAW CASES. —An appeal may be taken to the court of appeals from a final judgment in a common-law case, 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.-The exceptions taken as aforesaid shall constitute 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.-In case of the disability of the referee, or bis failure or refusal to proceed with the reference, or his misconduct, the court which passed the order of reference may rescind the same.
Sec. 426. FEES. --The fees of the referee may be fixed by rule of court or agreement of the parties, and taxed as part of the costs of the cause.
Sec. 427. SEVERAL REFEREES. — The reference may be to more persons than one, provided they be an odd number of persons, in which