during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately or at a future. time as the court shall direct.

Sec. 210. While the jury are absent the court may adjourn from time to time, in respect to other business; but it shall be nevertheless deemed open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict at the opening of the court in case of an agreement during a recess or adjournment for the day. A final adjournment of the court for the term shall discharge the jury.

Sec. 211. When the jury have agreed upon their verdict they shall be conducted into court by the officer having them in charge. Their names shall then be called and they shall be asked by the court or the clerk whether they have agreed upon their verdict; and if the foreman answer in the affirmative, they shall, on being required, declare the same.

Sec. 212. If the verdict be informal or insufficient in not covering the whole issue or issues submitted, or in any particular, the verdict may be corrected by the jury under the advice of the court, or the jury may be again sent out.

Sec. 213. When the verdict is given and is not informal or insufficient, the clerk shall immediately record it in full in the minutes and shall read it to the jury, and inquire of them whether it be their verdict. If any juror disagree, the jury shall again be sent out; but if no disagreement be expressed the verdict shall be complete and the jury shall be discharged from the case.

CHAPTER VI.

THE VERDICT.

Sec. 214. Special verdict-what; general verdict—what.
Sec. 215. Actions for recovery of money, or specific property
either. In all other cases.

Sec. 216. Jury shall find amount when action for money.
Sec. 217. Specific property. Shall find value.

Sec. 218. Entries to be made by the clerk.

Section 214. The verdict of a jury is either general or special. A general verdict is that by which they pronounce generally upon all or any of the issues, either in favor of plaintiff or defendant; a special verdict is that by which the jury find the facts only, leaving the judgment to the court. The special verdict shall present the conclusions of fact, as established by the evidence, and not the evidence to prove them; and those conclusions of fact shall be so

presented as that nothing shall remain to the court but to draw from them conclusions of law.

Sec. 215. In an action for the recovery of money only, or specific property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing, upon all or any of the issues; and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding shall be filed with the clerk, and entered upon the minutes. Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.

Sec. 216. When a verdict is found for the plaintiff, in an action for the recovery of money, or for the defendant, when a counterclaim for the recovery of money is established, exceeding the amount of the plaintiff's claim as established, the jury shall also find the amount of the recovery.

Sec. 217. In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim à return thereof, the jury, if their verdict be in favor of the plaintiff, or if, being in favor of defendant, they also find that he is entitled to a return thereof, shall find the value of the property: (but failure to find all of the facts mentioned in this section shall not invalidate the verdict,) and may, at the same time, assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property.

Sec. 218. Upon receiving a verdict, an entry shall be made by the clerk in the minutes of the court, specifying the time of trial, the names of the jurors and witnesses, and the verdict; and where a special verdict is found, either the judgment rendered thereon, or if the case be reserved for argument or further consideration, the order thus reserving it.

CHAPTER VII.

TRIAL BY COURT.

Sec. 219. When trial by jury waived.

Sec. 220. Judgment to be entered in accordance with findings of court.

Sec. 221. When reference may be ordered.

Section 219. 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: First.

By failing to appear at the trial. Second. By written consent, in person, or by attorney, filed with the clerk. Third. 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.

Sec. 220. Upon a trial of issue of fact by the court, judgment shall be entered in accordance with the finding of the court, and the finding, if required by either party, shall be reduced to writing, and filed with the clerk. In the finding filed, the facts found and the conclusions of law shall be separately stated. In such cases, no judgment shall be reversed on appeal, for want of a finding in writing, at the instance of any party who, at the time of the submission of the cause, shall not have requested a finding in writing, and had such request entered in the minutes of the court; nor in cases tried by the court, by a commissioner, or a referee, shall the judgment be reversed on appeal, for defects in the finding, unless exceptions be made in the court below for a defect in the finding; and in cases of exceptions for defective findings, the particular point or issue upon which the party requires a finding to be made, or the particular defect to be remedied, shall be specifically and particularly designated; and upon failure of the court to remedy, or when tried by a commissioner or referee, to cause to be remedied, by such commissioner or referee, the alleged defect, the party moving shall be entitled to his exceptions, and the same shall be settled by the judge as in other cases: Provided, That such exceptions shall be filed in the court and served on the attorney of the adverse party within five days after receiving from or giving to the adverse party written notice of the filing and finding: Provided, That when any cause is tried and submitted upon a written statement of facts, agreed to by the parties or their attorneys, such statement shall have the effect of a special verdict or finding of facts; and judgment shall be pronounced thereon as upon a special verdict or finding of facts; and in such case, no finding of facts shall be made unless such statement shall fail to embrace all the facts proved and in issue; in which case any additional fact may be found upon evidence which is not repugnant to the agreed statement.

Sec. 221. On a judgment upon an issue of law, if the taking of an account be necessary to enable the court to complete the judgment, a reference may be ordered.

CHAPTER VIII.

OF REFERENCES AND TRIALS BY REFEREES.

Sec. 222. Reference-when ordered.

Sec. 223. When court may direct reference without consent of parties.

Sec. 224. Reference-to whom ordered.

Sec. 225. Objections—on what ground.
Sec. 226. Objections--how disposed of.
Sec. 227. Referees-when to report.

Section 222. A reference may be ordered upon the agreement of the parties, filed with the clerk, or entered on the minutes: First. 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. Second. To ascertain a fact necessary to enable the court to proceed and determine a case.

Sec. 223. When the parties do not consent, the court may, upon application of either, or of its own motion, direct a reference in the following cases: First. When the trial of an issue of facts 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. Second. 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. Third. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the action; or, fourth, when it is necessary for the information of the court in a special proceeding.

Sec. 224. A reference may be ordered to any person or persons, not exceeding three, agreed upon by the parties. If the parties do not agree, the court or judge shall appoint one or more referees, not exceeding three, who reside in the county where 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. Every referee, before acting as such, shall take and subscribe an oath (or affirmation), before some authorized officer, which shall be filed with the clerk of the court by which he is appointed, that he will honestly, impartially, and faithfully perform the duties of referee in the action or matter referred to him, as required by law, to the best of his knowledge and ability.

Sec. 225. Either party may object to the appointment of any person as referee, on one or more of the following grounds: First. A want of any of the qualifications prescribed by statute to render a person competent as a juror. Second. Consanguinity or affinity within the third degree to either party. Third. Standing in the relation of guardian and ward, master and servant, employee 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. Fourth. Having served as a juror or been a witness on any trial between the same parties for the same cause of action. Fifth. Interest on the part of such person in the event of the action, or in the main question involved in the action. Sixth. Hav

ing formed or expressed an unqualified opinion or belief as to the merits of the action. Seventh. The existence of a state of mind in such person evincing enmity against, or bias to, either party.

Sec. 226. The objection taken to the appointment of any person as a referee shall be heard and disposed of by the court. Affidavits may be read, and any person examined as a witness, as to such objections.

Sec. 227. The referees or commissioners shall report their findings in writing to the court, within ten days (or within such further time as may be allowed by the court) after the testimony shall have been closed and the facts found, and the conclusions of law shall be separately stated therein. The finding of the referees or commissioner upon the whole issue shall 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. The finding of the referees or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the finding reported shall have the effect of a special verdict.

CHAPTER IX.

EXCEPTIONS.

Sec. 228. Exception-what constitutes it.
Sec. 229. Point to be particularly stated.
Sec. 230. No particular form required.

Sec. 231. Special notice not necessary on motion for new trial.

Section 228. An exception is an objection taken at the trial to a decision upon a matter of law, whether such trial be by jury, court, or referees, and whether the decision be made during the formation of a jury, or in the admission of evidence, or in the charge to a jury; or at any other time, from the calling of the action for trial to the rendering of the verdict or decision. But no exceptions shall be regarded on a motion for a new trial, or an appeal, unless the exception be material and effect the substantial rights of the parties.

Sec. 229. The point of the exception shall be particularly stated, except as provided in relation to instructions, and may be delivered in writing to the judge, or, if the party require it, it shall be written down by the clerk. When delivered in writing, or written down by the clerk, it shall be made comformable to the truth or be at the time corrected, until it is made so comformable. When not delivered in writing, or written down as above, it may