Page:United States Statutes at Large Volume 47 Part 1.djvu/984

 960 72d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . to the action at least five days before findings shall be signed by the court, and the court shall not sign any findings therein prior to the expiration of such five days. t Proceedings after de- SEC. 307. PROCEEDINGS AFTER DETERMINATION OF ISSUE OF LAW: termining issue of law. On a judgment for the plaintiff upon an issue of law, he may proceed in the manner prescribed by the first two subdivisions of section 269, upon the failure of the defendant to answer. If jud gment be for the defendant upon an issue of law, and the taking of an account, or he proof of any fact, be necessary to enable the court to complete the judgment, a reference may be ordered, as i n that section p rovided. References and trials by referees. Reference ordered upon agreement of par- ties, in what cases. Orde red on motlo q in what cases. Objection to appoint. ment of referee. Wh en may offer; grounds of. How disposed of. REF ERE NC ES AND TRIALS BY REFERE ES SEC. 308. REFER ENCE ORDERED UPON AGREEMENT OF PARTIES IN WHAT CASES .- A reference may be ordered upon the agreement of the parties filed with the clerk, or entered in the minutes 1. To try any or all of the issues in an action or proceeding, whether of fact or of law, and to report a finding and judgment thereon ; 2 . To ascertain a fact necessary to enable the court to determine an action or proceeding. SE C. 309. REFERENCE ORDERED ON MOT IO N, IN WH AT CASES .-When the part ies do n ot conse nt, the court ma y, upon t he appli cation o f either, or of its own motion, direct a reference in the following cases 1 . When the trial of an issue of fact requires the examination of a long a ccount o n either side ; in which case the referees may be directed to hear and decide the whole issue, or report upon any specific question of fact involved therein ; 2 . When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect ; 3. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the action ; 4. When it is necessary for the information of the court in a special proceeding. SEC. 310. A P ARTY MAY OBJECT ; GROUNDS OF OBJECTION .-A par ty may object to the appointment of any person as referee, on one or more of the following grounds 1 . A want of any of the qualifications prescribed to render a per- son competent as a juror ; 2 . Consanguinit or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to the judge of the court in which the appointment shall be made ; 3. Standing in the r elati on of guard ian a nd war d, ma ster and servant, employe r and clerk, or principal and ag ent, to either pa rty or being a member of the family of either party ; or a partner in business with either party ; or security on any bond or obligation for either party ; 4. Having served as a juror or been a witness on any trial between the same parties for the same cause of action ; 5 . Interest on the part of such person in the event of the action, or in the main question involved in the action ; 6 . Having formed or expressed an unqualified opinion or belief asto .the merits of the action ; 7. The existence of a state of mind in such person evinci ng enm ity against or b ias to either pa rty. SEC. 311. OBJECTIONS, HOW DISPOSED OF.-The objections taken to the appointment of any person as referee must be heard and dis-