, 1854-07-01

StulCu. JuuSlH'uL "a lOu Ahe utCiSlOu Sudl
be entered accordingly.
TRIAL By REFEREES.
Sec 206. All or any of the issues il
the action, whether Of fact or law, or both
may be referred upon the written consen
of the parties.
Sec 207. When the parties do no
consent, the court may, upon the npplica
tion of either, or of its own motion, direc
a reference in the following cases:
1. When the trial of an issue of fact shal
require the examination of long account
on either side in which case the referees
may be directed TO hear and decide thu
whole issue, or 10 report any specific ques
ton of fact involved therein or
2. When the taking-of en- account shal
be necessary for the information of the
court, before judgment upon an issue al
law, or for carrying a judgment or ordel
into effect or
3. When a question of fact, other than
upon the pleadings. shall arise, upon mo.
ton or otherwise, in any stage Of the ac'
tipn; or
4. When it ia necessary for the informa,
tion Of the court in special proceeding.
Sec. 20S. A reference may be ordered
to any person or persons, not exceeding
three, agreed upon by the parties. If the
parties do no, agree, the court or judge
may appoint one or more, not exceeding
three, who reside in the county in which
the action is brought, or the proceeding is
triable.
Sec. 209. When the appointment oi
referees is made by the court or Judge,
each referee shall be:
l. Qualified as juror as provided by
statute;
2. Competent as q juror between the
parties. ... .....
Sec. 2l0. The trial by referees shall
be conducted in the same manner as trial
by the court They shall first be sworn
well and faithfully to discharge their duties
as snch referees, aud shall have the same
power to administer oaths. to witnesses,
and to grant continuances as the court
upon such trial They shall state the facts
found, and the conclusions of law, sepa-
rately, and their decision shall be given,
and may be excepted to and reviewed, in
like manner. The report of the referees
upon the whole issue shall stand as the de-
cison Of the court, and judgment may be
entered thereon at the next term Of the
court after the decision is made, in the
same manner as If the action had been
tried by the court. When the reference is
to report the fact, the report shall have
the effect Of special verdict.
EXCEPTIONS.
Sec. 2ll. An exception is an objection
taken at the trial to a decision upon mat
ter of law, whether such trial be by jury,
court or referees, and whether the decision
be made during the formation of jury, or
in the admission of evidence, or in the
charge to the jury, or at any. other time
from the calling of the action for trial TO
the rendering of the verdict or decision
But no exception shall be regarded on a
motion for new trial, or on an appeal,
unless the exception be material, and affect
the substantial rights Of the parties.
Sec. 2l2. The point of exception shall
be taken at the time when the decision is
made, be particularly stated in writing,
and may be signed by the judge and fled
with the clerk, or may, by the order Of the
court, be entered at large upon the journal.
Sec. 2l3. No particular form of excep-
ton shall be required. The objection shall
be stated, with SO much Of the evidence or
other matter as is necessary to. explain it,
but no more.
Sec. 2l4. When a, cause has been
tried by the court, or by referees, and the
decision or report is not made Immediately
after the closing Of the testimony, the de-
cision or report shall be deemed accepted
on q motion for new trial or on appeal,
without any special notice that an excep-
tion is taken thereto.
Sec. els. A new trial is a re-examina-
ton of an issue, in the same court after a
trial and decision by a jury, court or ref
erces.
Sec. ZIG. The former verdict or other
decision may be vacated and a new trial
granted on the application Of the party
aggrieved for any Of the following causes,
materially affecting the substantial rights
of such party:
|. Irregularity in the proceedings of the
court, jury or adverse party, or any order
of the court, or abuse of discretion by
which such party was prevented from hav'
ing fair trial
2. Misconduct of the jury or prevailing
party; s
3. Accident or surprise, which ordinary
prudence could not have guarded against
4. Newly discovered evidence, material
for the party making the application, which
he could not with reasonable diligence have
discovered and produced at the trial.
s. Excessive damages, appearing to
have been given under the influence oI
passion or prejudice.
6. Insuficiency of the evidence to JUS
tify the verdict or other decision, or thai
it is against law.
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