Page:United States Statutes at Large Volume 47 Part 1.djvu/985

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 961 posed of by the court. Affidavits may be re ad and witnesses exam- ined as to such objections. SEC. 312. REFEREES TO REPORT WITHIN TWENTY DAYS .-The referees Report of referees. or commissioner must, report their findings in writing to the court within twenty da ys after the testimony is closed and the facts fou nd and conclusions of law must be s eparately stated therein. SEC. 313. EFFECT OF REFEREE'S FINDING .-The finding of the ref- fi IIfet of referee's eree or commissioner upon the whole issue must stand as the finding of the court, and upon filing of the finding wit h the clerk of the court, judgment may be entered thereon in the same manner as if the acti on had b een trie d by the court. SEC. 314. How EXCEPTED To, AND so FORT$ .--The findings of the How excep ted to, etc . referee or commissioner may be excepted to and reviewed in like manner as if made .by the court. Wh en the reference is to report the facts, the finding reported has the effect of a special verdict. PROVISIONS RELATING TO TRIALS IN GENERAL EXCEPTIONS Provisions relating to trials in general. SEC . 315 . "EXCEPTION " DEFINED ; WH EN T AKEN .-An exception is "Exception" defined ; an objection upon a matter of law to a decision made, either before when taken. or after judgm ent, by a court, tribunal, judge, or other judicia l offi- cer, in an act ion or proceeding. The exce ptio n m ust be t aken at the ti me the decision is made, except as provided in section 316 . SEC. 316. VERDICT OR ORDER IN ABSENCE OF PARTY, DEEMED EXCEPTED Verdict or order To.-The ve rdic t of the jur y, the fina l de cisi on in an ac tion or pro- deemed absence of d toy ' ceeding, an interlocutory order or decision, finally determining the righ ts of the p arti es, or some of them , an or der or d ecis ion fro m whic h an ap peal may be tak en, an o rder sus tai ning or over rul ing a demurrer, allowing or refusing to allow an amendment to a plead- ing, striki ng out a pleadin g or a portion thereof, refusin g a con- tinuance, an order made upon ex parte application, giving an instruction, although no objection to suc h instruction was made, refusing to give an instruction, modifying an instruction requested, an orde r or de cisi on m ade in the abse nce of the part y or an orde r granting or denying a nonsuit or a motion to strike out evidence or testimon y and a ruling s ustaining or ov erruling an obje ction to evidence, are deemed to have been excepted to. S EC. 31 7. EXCEPTION, FOR M OF .-NO particular form of excep- Form of exception . tion is required, but when the exception is to the verdict or decision, upo n the ground of the ins uff icie ncy of the e vid ence to just i it, the objection must specify the particulars in which such e vince is alleged t o be insufficient. The objection mu st be st at ed, with so much of the evidence,or other matter as is necessary to explain explain it, and no more. Only the su bsta nce of the repo rter 's notes of the evidence shall be stated. Documents on fi le in the action or proceeding may be copied, or the substance thereof stated, or a reference thereto sufficient to identify th em may be made. SEC. 318. BI LL OF E XCEP TIO NS, WHEN TO BE PRE3ENTED, ETC .- A Bill of exceptions, when to be presented, bil l co ntai nin g the ex cept ion to any deci sion may be pre sent ed to etc. the court or judge, for settlement at any time after the decision is made, but the same must be presented wit hin ten days af ter written notice of making such de cision, and afte r having been s ettled must be signed by the judge and filed w ith the clerk. When the d ecision excepted to is made by a tribunal other than a court, or by a ju dici al o ffic er, the bill of exc epti ons must be pres ente d to and se ttle d and signed by such tribunal or officer. SEC. 319. BILL OF EXCEPTIONS, PREPARA TION AND SETTLE MENT ; TIME Preparation and set • OF FILING .-When a party desires to have exceptions taken at a tiement ; time of filin g. 3051 ° -33-61