CHAPTER V. TRIAL BY THE COURT. SECTION 631. When and how trial by jury may be waived. 632. Upon trial by Court decision to be in writing and filed 633. Facts found and conclusions of law must be separately 634. Findings may be waived, how. 635. Finding, how prepared. 636. Proceedings after determination of issue of law. 631. (§ 179.) Trial by jury may be waived by the several parties to an issue of fact, in actions arising on contract, and with the assent of the Court in other actions, in the manner following: 1. By failing to appear at the trial; 2. By written consent, in person or by attorney, filed with the Clerk; 3. By oral consent, in open Court, entered in the minutes. The Court may prescribe by rule what shall be deemed a waiver in other cases. 632. Upon the trial of a question of fact by the Court, its decision must be given in writing and filed with the Clerk within twenty days after the cause is submitted for decision, and unless the decision is filed within that time the action must again be tried. Facts found and conclusions must be 633. In giving the decision, the facts found and the conclusions of law must be separately stated. of law Judgment upon the decision must be entered accordingly. separately stated. Judgment on. 634. Findings of fact may be waived by the sev- Findings eral parties to an issue of fact: 1. By failing to appear at the trial; 2. By consent in writing, filed with the Clerk; 3. By oral consent in open Court, entered in the minutes. may be waived, how. Findings, how 635. At the time the cause is submitted, the prepared. Judge may direct either or both of the parties to prepare findings of facts, unless they have been waived, and when so directed, the party must within two days prepare and serve upon his adversary, and submit to the Judge such findings, and may within two days thereafter, briefly suggest in writing to the Judge why he desires findings upon the points included within the findings prepared by himself, or why he objects to findings upon the points included within the findings prepared by his adversary. The Judge may adopt, modify, or reject the findings so submitted. If, at the time of the submission of the cause, the Judge does not direct the preparation of findings, or if none are prepared and submitted within the time prescribed, or those prepared are rejected, then he must himself prepare the findings. Proceedings after tion of issue of law. 636. On a judgment for the plaintiff upon an determina issue of law, he may proceed in the manner prescribed by the first two subdivisions of Section 585, upon the failure of the defendant to answer. If judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the Court to complete the judg ment, a reference may be ordered, as in that section provided. CHAPTER VI. OF REFERENCES AND TRIALS BY REFEREES. SECTION 638. Reference ordered upon agreement of parties, in what cases. 639. Reference ordered on motion, in what cases. 640. Number of referees, qualifications, etc. 641. Either party may object. Grounds of objection. 642. Objections, how disposed of. 643. Referees to report within ten days. SECTION 644. Effect of referee's finding. 645. How excepted to, etc. ordered 638. (§ 182.) A reference may be ordered upon Reference the agreement of the parties filed with the Clerk, or upon 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. 639. (§ 183.) When the parties do not consent, the Court may, upon the application of 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 account on 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. agreement of parties, in what cases. Reference motion, in ordered on what cases. referees, tions, etc. 640. (§ 184.) A reference may be ordered to any Number of person or persons, not exceeding three, agreed upon qualiticaby the parties. If the parties do not agree, the Court or Judge must appoint one or more referees, not exceeding three, who reside in the county in which the action or proceeding is triable, and against whom there is no legal objection, or the reference may be made to a Court Commissioner of the county where the cause is pending. Either party may object. Grounds of objection. Objections, how 641. (§ 185.) Either party 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 by statute to render a person competent as a juror; 2. Consanguinity or affinity, within the third degree, to either party; 3. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either party, or being a member of the family of either party; or a partner in business with either party; or being 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 as to the merits of the action; 7. The existence of a state of mind in such person evincing enmity against or bias to either party. 642. (§ 186.) The objections taken to the ap disposed of pointment of any person as referee must be heard and disposed of by the Court. Affidavits may be read and witnesses examined as to such objections. Referees to report within ten days. Effect of referee's finding. 643. (§ 187.) The referees or Commissioner must report their findings in writing to the Court within twenty days after the testimony is closed, and the facts found and conclusions of law must be separately stated therein. 644. The finding of the referee or commissioner upon the whole issue must stand as the finding of the Court, and upon filing of the finding with the Clerk of the Court, judgment may be entered thereon in the same manner as if the action had been tried by the Court. excepted 645. The findings of the referee or commissioner How may be excepted to and reviewed in like manner as if to, etc. made by the Court. When the reference is to report SECTION 646. Exceptions may be taken. Time when taken, etc. 647. What deemed excepted to. 648. Exception, form of. 649. Exceptions signed by Judge and filed with Clerk. 651. Exceptions after judgment, etc. 652. When exception is refused, application to Supreme 653. Proceedings where Judge ceases to hold office. may be 646. Exceptions may be taken by either party to Exceptions any ruling or decision made by a Court or Judge, taken. either before or after judgment, in any action or pro- Time when ceeding, but, except in the cases provided for in the next section, must be taken at the time the ruling is made. taken, etc. deemed to. 647. The adverse party is deemed to have excepted What to the verdict of the jury, or the final decision of the excepted Court or referee, to an order granting or refusing a new trial, sustaining or overruling a demurrer, striking |