Page:United States Statutes at Large Volume 31.djvu/416

364 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. _ _ Third. By oral consent in open court, entered in the minutes. e c0§§€‘§}g§},S mgfk, ,f,’}§ Sec. 209. Upon the trial of an issue of fact by the court, its decision when hled- shall be given in writing and filed with the clerk during the term o1· within twenty days thereafter. The decision shall state the facts found and the conclusion of law separately, without argument or reason therefor. Such decision shall be entered in the journal and judgment entered thereon accordingly. The court may deliver any argument or reason in support of such decision, either orally or in writing, sejéarate from the decision, and file the same with the clerk. mgsfdegmff ,,1,;*;,*;;****3; nc. 210. The order of proceedings on a trial by the court shall be endings. the same as provided in trials by jury. The finding of the court upon the fact shal be deemed a verdict, and may be set aside in the same manner and for the same reasons, as far as applicable, and a new trial granted. CHAPTER Twnrrrr. TRIAL BY nnnnnnns. Sec. Sec. 211. The trial of any issue may be re- 216. Proceedings sameasintrialbycourt. ferred by consent. 217. What report to contain; evidence 212. When reference may be ordered by to accompany it. the court. 218. Motion to set aside report or for 213. Number of referees, and how chosen. judgment thereon. 214. When chosen by the court, qualifi- 219. Proceedings thereon. 5 R_cations of. 21 1 ht and mode of challenge to · g I referees when chosen by the court. mggegéiejgfgrgggegg Sec. 211. All or any of the issues in the action, whether of fact or consent. law, or both, may be referred to a referee or referees upon the written consent of thpvplarties. bWhe¤*ef€*°¤°°m¤Y Sec. 212. en the parties do not consent in an action at issue and e ordered by the . . . court. to be tried by the court without a jury, the court may, upon the application of either, or of its own motion, direct a reference in the following cases: First. When the trial of an issue of fact shall require the examination of a long account on either side, in which case the referees may be directed to hear and decide the whole issue or to report upon any specific question of fact involved therein; or, Second. When the taking of an account shall be necessary for the information of the court, before judgment upon an issue of law, or for carryirjg qijudgment or order into effect; or, Thir . hen a question of fact other than upon the pleadings shall arise, upon motion or otherwise, in any stage of the action; or, Fourth. When it is necessary for the in ormation of the court in a special proceeding. Qlulpherlgf referees. Sec. 213. A reference may be ordered to any person or persons, not M °w° °m` exceeding three, agreed upon by the parties. If the parties do not agree, the court or judge may appoint Ane or more, not exceeding three. Wheh eheeeh by the Sec. 214. When the a pointment of referees is made by the court or court, qualifications · lf) nr. jucige, each referee sha_ beirst. Qualified as a juror as provided bit; statute; Second. Competent as a juror between the parties: Provided, That in a reference to take and report testimony only, the same may be made to any competent disinterested person, regardless of the foregoin qualifications. Right Mid mode of {Sec. 215. When the referees are chosen by the court each party shall chal en e to referees . when cliosen by the have the same 1‘1g`l1t of challenge as to such referees, to be made and °°“"‘ determined in the same manner and with like effect as in the formation