Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1888-11-09

now This Useful and Advsnts eeop. an,
Custom Ort~inat tea -

S0f ~
now This Useful and Advanta eeou. reva,
Custom Originated.
"How did the practice OF sending
legal cases to referees begin?r repeat.
ed Mr.. Morris Cooper, the author ~
leading works on the subject of rel.
erees and references, to the ino,,;,v
made by reporter. ut is 4 very
Old custom. know it is extensively
employed now and that MANY eases
are sent TO referees without consent ~
the parties at issue. But the object
Is TO save the time of the court and
the Jury We have the authority Of
that learned jurist Chief Justice Dalv
Tor the statement that the practice
came into use when New York was a
colony under the Dutch. The Dutch
as was the usage in Amsterdam, re-
ferred the settlement of matters of
account to three persons called arbi-
traitors. The English found the Gus
tom here and esteemed it more sat-
isfactory method Of procedure for the
investigation OF matters of account
Imam trial by jury.
"Ihe Charter of Liberties and Priv
iieges enacted in 1858, sanctioned only
Trials by jury. AS a consequence
there was no method OF trying actions
involving the examination of long ac-
counts except by the tedious and ex-
pensive common law action of account.
That was SO dilatory an affair that it
feel into disuse, and jury trials in as
sumpsit were resorted to. The juries
complained of the burdens to which
they were subjected in being Obliged
to unravel long and intricate accounts.
In 1868 the first statute we had in
this country on the subject was en-
acted 1t was entitled AN act for
the better determination of per-
sonal actions depending upon
accounts This statute authorized the
Supreme Court, with or without the
consent OF the parties, to refer actions
requiring the examination of long &C.
counts on either side. Actions brought
| by or against executors or admins
traitors were excluded from the effect
OF the provisions.
care the courts acting under that
old law now?"
Virtually, yes; but actually, no.
IN 1888 an act was passed for the
amendment of the law and the better
advancement of justice, which provid-
ed that. If it should appear in any
cause that the trial would require the
examination of long account, the
court, after issue had been Joined,
| could, with or without consent, refer
the cause to referees. In 1913 the act
was amended by providing for COM
| pulsory reference of the issues to three
persons in actions involving long ac-
| counts. Again in 1929. 1886 and 1916
the Revised Statues provided the same
| thing. At the last date, however, a
further provision was made, so that
by consent of the parties the matter
could be sent to single referee in
stead of three, as required where
the reference was compulsory. The
Code of Procedure of 184S gave
the court power. but did not make
it obligatory, to refer such cases in
| vOlving long accounts, and direct the
referees to hear and decide the whole
issue or to report on any specific ques-
ton of fact involved therein, the TAX
| ing of an account or questions of fact
arising in any stage of the action. This
| saved much of the time of the court.
This was slightly amended by the Code
of Procedure of 1S49, which remained
in force until September, 1877, when
the present Code of Procedure went
into effect. Section 1,013 of the last
named code promises that the court
may, of it's own motion, or upon the
application of either party, without
the consent of the other, direct a trial
of the issues of fact by referee where
the trial will require the examination
OF long account on either side, and
will not require the decision of diff
cult questions of law. In an action
triable by the court without a jury
reference may be made to decide the
whole issue, or any of the issues, or to
report the referees finding upon one
or more specific questions of fact in
volved in the issue. This is the law
| now, and it shows no substantial
change since 1S49. We're it not for
the power OF reference the courts OF
the present time would not be able to
get through their business, and many
cases would be Unfortunately long, to
the detriment of other suitors. IN Y.
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