The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-08-18
CODE OF PROOEDURE--Cortin
CHAPTER V,
TRIAL BY REFER


Sec. 294. All issues reserable by con-
sent.
SEC. 205. When q reference may be
compulsorily ordered.
SEC. 296. Modo of trial. Effect of re-
port. Review.
SEC. 297. Referees, low chosen. Re-
port.
Sec 294. All or any of the issues in
the action, whether Of fact or of law, or
both, may be referred upon the written
consent of the parties.
Sec. 295. Where the parties do not
consent, the Court may, upon the ap-
plication of either, or of it's own motion.
except where the investigation will re-
quire the decision of difficult questions
of law, direct reference in the following
cases:
l. Where the trial Of MI issue Of fact
shall require the examination Of q long
account on either side; in which case the
referees may be directed to hear and de-
eide the whole issue, Or to report upon
any specific question of fact involved
therein; or,
2. Whero the taking of On accout shall
be necessary for the information of the
Court, before judgment, or for carrying
q Judgment or order into effect; or,
O'. w LULU u 1uS6tlOu VI luCC, OCQCc
than.upon the pleadings, shall arise, upon
motion or otherwise, in any stage of the
action.
Sec. 29G. The trial by referees shall be
conducted in tho snme manner, and on
similar notice, as trial by the Court.
They shall have the same power to grant
adjournments, and to allow amendments
to any pleadings and to the summons, as
the Court upon such trial, upon the same
terms, and with tho like effect. They
shall have the same power to preserve
order and punish oil violations thereof
upon such trial, and to compel the at
tendance of witnesses before them by at
tachment, and to punish them as for con-
tempt for non-attendance or refusal to be
sworn or testify, as is possessed by the
Court. They must state the facts found,
and the conclusions of law separately;
and their decision must be given, aud
may be excepted to and reviewed in like
manner, and with like effect in all re-
spects rs in cases of appeal under Section
Two hundred and ninety-two; and they
may IN like manner settle case or cxcep-
tions. The report of the referees upon
tho whole issue shall stand rs the dcci-
sion of the Court, and Judgment may be
entered thereon in the same manner as if
the action had been tried by the Court.
When the reference is oreport the facts,
the report shall have the effect of spe-
ciAl verdict.
When the case shall have been heard
and decided upon the report OF the re-
feree and exceptions, the decision mag
be reviewed, on appeal to Supreme Court
SEC. 297. In ali cases of reference. the
parties to whom issues nre formed in the
action Except when the defendant is m
infant or an absentce) may agree in writ
ing upon person or persons, not ex-
ceedinS three, and reference shall he
ordered to him or them, aud to no other
person or persons. And if such parties
do not agree, the Court shall appoint one
or more referees, not more than three,
who shall be free from exception. And
no person shall be appointed referee to
whom all parties in the action shall OBJ
lcct. except III actions for divorce. Aud
no Judge or Justice OF any Court shall sit
rs referee IN any action pcntiing in the
Court Of which lie is Judge or Justice,
and not already referred unless the partie,
otherwise stipnlute. Tie referee or refe-
rces Shall mako and deliver report within
sixty days from tho time the action shall
be finally submitted; aud in default
thereof, and before the report is deliver
ed, either party may serve notice upon
the opposite party that he elects 70 end
the reference; and thereupon the action
shall proceed rs though no reference had
been ordered, and the referees shall not
III such case be entitled to any fees.
CHAPTER VI.
MANNER OF ENTERING JUDGMENT.
SEC. 20S. Judgment may be for or
against any of the parties to the action :;
may grant defendant affirmative relief.
Complaint may be dismissed for neglect
TO prosecute the action. judgment
against married women.
SEC. 800. The relief to be awarded to
the plaintiff
Sec. 800. Rate Of damage where
damages arc recoverable.
SEC. 3Ol. Judgment in action for re-
covery Of personal property.
SEC. 3O2. Judgment, how directed.
SEC. 303. Clerk to keep Judgment
| book.
SEC. 3O4 Judgment to be entered in
judgment-book.
SEC. 3O5. Judgment-roll. Transcript
OF judgment fled in any other County
effect of.
SEC. 20S. l. Judgment NAV be pivon