Bill of Exceptions—Amendments not Proposed—Presentation fob Settlement—Construction of Code.—Where no amendments are proposed to a proposed draft of a bill of exceptions, or if proposed are acceded to, the proponent of the bill is not required, by the terms of section 650 of the Code of Civil Procedure, to present the same to the judge for settlement within ten days, and no absolute time is limited in such case in which the judge can certify the bill.

Id.—Skeleton Draft—Engrossment Before Presentation—Necessary Delay.—Where, in accordance with the practice created by the. profession, the proposed bill of exceptions was in the form of a skeleton draft, for the insertion of documents and exhibits, and the attorney proposing and serving the same by mail resided over five hundred miles distant from the court, and from the attorneys of the opposite party, a delay of forty-one days after amendments were due, during which time it is admitted that the attorney proceeded diligently to engross the proposed bill by copying into it all the exhibits referred to, making in all five hundred and twenty-five typewritten pages, and to forward the same as soon as the engrossment was completed, to be presented to the judge for his certificate, cannot be held to he unnecessary, or to have at all delayed the certification of the bill by the judge, where it does not appear that his settlement thereof would require a new engrossment.

Id.—Refusal to Settle Bill under False Construction of Code— Mandamus.—Where the refusal of the judge of the superior court to settle a bill to which no amendments were proposed was based upon an erroneous construction of the code, upon the alleged ground that the bill was not presented for settlement within the time required by law, and because the delay beyond that time was unnecessary and without excuse; and the question of reasonable delay under the true construction of the code, in view of the admitted facts, was not passed upon by him, mandamus will lie from this court to compel him, to settle the proposed bill.