Page:United States Statutes at Large Volume 31.djvu/447

FIFTY-SIXTH CONGRESS. Sess. I.· Ch. 7 86; 1900.395 CHAPTER THIRTY·NINE. or THE TRIAL or ISSUES IN ACTIONS or AN EQUITABLE NATURE. Sec. Sec. 371. Certain provisions apply. a 377. Judgment of dismissal before trial 372. How an when testimony taken. and effect thereof. 373. Conduct of the trial. 378. Same after trial. 374. Objections to depositions, when and 379. Chapters 26, 27, and 28 to apply. how made. . , .. 380. W hen judgment may be gen in 375. Same subject. vacation; entry, rol , and al rec- 376. Chapters 20 and 24 shall apply. ord thereof. S Sec. 371. The provisions of chapter fifteen of this title shall apply ,,,°Q‘§§Q.{‘ p’°“°i°“’ to actions of an Equitable nature except as in this chapter otherwise or A specially provid o . Both issues of law andfact shall be tried by the court, unless referred; Whenever it becomes necessary or proper to inquire of any fact by the verdict of a jury, the court may direct a statement thereof, and that a jury be formed to inquire of the same. The statement shall be tried as an issue of fact in an action, and the verdict may be read as evidence on the trial of the action. Sue. 372. All issues of fact in actions of an e uitable nature may be Egg; egg Eben *68- ° tried by the court, and if tried by the court, (lshe evidence shall be Y ° ` resented and the trial conducted in the same manner as other actions: Iilrovided, The court may, in its discretion, refer the case to a referee pursuant to the provisions of this title. In all such actions the court, in renderi·ng its decisions therein, shall set out in writinits findings ·of fact upon all the material issues of fact presented by tie pleadings, together with its conclusions of law thereon; but such findings of fact and conclusions of law shall be separate from the judgment, and shall be filed with the clerk, and shall be incorporated in, and constitute a — part of, the judgment roll of the case; and such findings of fact shall ave the same force and effect, and be equally conclusive, as the verdict ofa jury in an action. Exce tions may be taken durin the trial to ‘ the ruling of the court, and algo to its findings of fact, and a Statement ‘ of such exceptions re red and Settled as in an action, and the same shall be filed with tge cggrk within ten days from the entering of the decree, or such further time as the court may allow. ` Sec. _37 3. When the action is called for trial, the trial shall proceed °°”d“°‘°“h°*’i“l- in the order prescribed in subdivisions one, two, three, four, and five of section one hundred and eightyeseven, unless the court for special reaésons 0tl1B1f§’VlSB directs] th - b h d f Ovémm to d Ec. 374. n the tria ei er arty may o ject to the rea ing o a sitiogsiwheuaudgw deposition, or Edy part thereof, wlgen offered by the other because the mde- Ow w'itness is incompetent, or the testimony is so, or irrelevant, and not otherwise. All other objections to depositions shall be taken by written exceptions filed with the clerk within twenty days from the filing of the testimony, and may be heard and decided by the court or judge . thereof at any time thereafter before the trial of the action. ’ Sec. 375. When it appears from the deposition that a partyl was S°m° S“*’j°°°· present at the examination of a witness, suc party shall not be 'eardj to object to anything in or concerning such deposition not excepted to at the time of taking the same, except the objections allowed to be taken on the trial as rovided in section three hundred and seventy- .two of this title. Vlyhen any part of the examination of a witness is excluded for any reason, so much of the cross-examination as relates; to the same matter is excluded also. ‘ “ ‘ ‘ Sec. 376. The provisions of chapters twenty and twenty-four of Sh§{j“§;;*§,2° and 24 this title shall apply to actions of an equitable nature, but the final . determination of the rights of the parties thereto is called a judgment, ang any intermed?te deterglmination is called an orderi; J t { dm- Ec. 377. A `u ment ismissin an action may e iven against .“*;,€m°” ° .` the plaintiff in guy if the cases spediiied in subdivisions gte, two, and glut ecegiihrgreddlal