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. (a) [Amendment, approved April 2, 1866; 1865-6, 843.

[Findings not disturbed, 1 Cal. 186; 4 Cal. 214.

Want of findings under old laws, 2 Cal. 305, 474; 19 Cal. 101; 22 Cal 667.

Defect or want of findings, 5 Cal. 192; 8 Cal. 445; 18 Cal. 447; 22 Cal. 160; 23 Cal. 65; 24 Cal. 228; 25 Cal. 225; 27 Cal. 433; 28 Cal. 151, 238, 591; 29 Cal. 139; 30 Cal. 419; 31 Cal. 211, 240, 591.

Nature of findings, 7 Cal. 258; 8 Cal. 445; 15 Cal. 375; 18 Cal. 447; 19 Cal. 101; 22 Cal. 160; 27 Cal. 119, 433; 28 Cal. 238, 301, 591; 29 Cal, 160; 30 Cal. 227; 31 Cal. 95, 154, 211.

A provision against the reversal of judgment for the want of findings or for defective findings, was contained in the Act of May 20, 1861, 589, which provision was repealed--and the above broader provisions substituted in its place-by the Act of April 2, 1866, containing the foregoing amendment, see post, 685 and note.]

Reference after judgment on issue of law.

$181. 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.

(a) Original section:

§ 180. Upon the trial of an issue of fact by the court, its decision shall be given in writing, and filed with the clerk, within ten days after the trial took place. In giving the decision, the facts found, and the conclusions of law, shall be separately stated. Judgment upon the decision shall be entered accordingly,

CHAPTER VI.

OF REFERENCES, AND TRIAL BY REFEREES.

References by consent.

§ 182. A reference may be ordered upon the agreement of the parties filed with the clerk, or entered in 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 the case. (a) [Amendment, ap

proved April 2, 1866; 1865-6, 843.

[1 Cal. 336, 362; 2 Cal. 72, 92, 122, 195, 261, 322, 517; 3 Cal. 406, 408; 4 Cal. 122; 5 Cal. 90, 228, 430; 7 Cal. 50; 9 Cal. 353; 20 Cal. 92.]

References without consent.

§ 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:

First. 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.

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.

(a) The original section was the same as the text, except that it did not contain the words "finding and."

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.

[2 Cal. 245; 19 Cal. 140; 24 Cal. 424; 27 Cal. 376; 28 Cal. 301.]

Referees, who may be.

§ 184. 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 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.(a) [Amendment, approved April 2, 1866; 1865-6, 843.

Objection to referees.

§ 185. 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, employer and clerk, or principal and agent to either party; or being a member of the family of

(a) The original section was the same as the text, except that it did not contain the last clause, "or the reference may be made to a court commissioner of the county where the cause is pending."

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 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. Having 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.

Hearing of objections.

§ 186. The objections taken to the appointment of any person as 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.

Report of referee, how made, and effect.

§ 187. The referee or commissioner 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 conclusions of law shall be separately stated therein. The finding of the referee 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 referee 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.(a) ̧ [Amendment, approved April 2, 1866; 1865-6, 843.

[2 Cal. 322; 3 Cal. 406; 9 Cal. 213; 22 Cal. 471; 23 Cal. 447; 30 Cal. 280; 31 Cal. 333; 32 Cal. 397.]

CHAPTER VII.

GENERAL PROVISIONS RELATING TO TRIALS.

ARTICLE I.

EXCEPTIONS.

Exceptions, to be taken at trial.

§ 188. An exception is an objection taken at a 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 exception shall be regarded on a motion for a new trial, or on an appeal, unless the exception be material, and affect the substantial rights of the parties.

[5 Cal. 339; 26 Cal. 263; 32 Cal. 304.

As to the manner of taking bills of exceptions, see post, 687.]

(a) Original section:

§ 187. The referees shall make their report within ten days after the testimony before them is closed. Their report upon the whole issue shall stand as the decision of the Court, and upon filing the report 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 decision of the referees may be excepted to and viewed in like manner as if made by the court. When the reference is to report the facts, the report shall have the effect of a special verdict.