IN CHINA AND JAPAN

237

The Court shall consider and deliver judgment on such case, and shall be at liberty to draw inferences of fact from the facts stated, and to amend the case or remit it for amend uent by reason of any irregularity, mistake, or imperfection.

223. The arbitrators or umpire shall have power to award how the Costa. costs of the reference shall be borne, in the whole or in part; but any award as to costs shall not preclude the party or parties against whom costs are awarded from applying to the Court to tax the costs; and on such application the costs, incl iding the remuneration (if any) of the arbitrators and umpire, or any of them, shall be taxed at a reasonable rate by the Court, an 1 the Court shall make such order regarding the costs of taxation as justice requires.

224. Every award must be in writing, signed by the arbitrators or Form and umpire making the same.

It must contain a conclusive finding, an may not find on the con- tingency of any matter of fact being afterwards substantiated or deposed

to.

It must comprehend a fiuling on each of the several matters referred. Arbitrators or an umpire may, however, from time to time make several awards on several parts of a matter or on several in itters referred, so as the lat st of the awards is made within the time limited.

contents of award.

225. The arbitrators or umpire making an award shall within the time Deposit of hmited deposit the award in the Court, enclosed in a sealed env lope, and award. in lorsed with the names of the parties to the reference, an the amount claimed by the arbitrators and umpire for remuneration.

Notice of the award having been deposited sh ll be given by the Court Notice thereof, to the parties, who shall be at liberty to read the award, and to have copies of it on payment of the proper fees.

226. Any person interested my within seven days after notice of the Application award apply to the Court by motion to prevent the award, or any specified "gainst award. part of it, being carried into effect.

227. If no such motion is made the Court shall proceed, on r asonable Order of Court, notice to all parties, to make such order for carrying into effect the award

or any part thereof, and as to costs and other things as seem just.

228. The Court shall have power at any time, and from time to time, Remitting of

to remit the matters referred, or any of them, to the reconsideration and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seem just.

matters refertod

229. The Court shall not refrain from carrying an award into effect Irregularity. merely on the ground of irregularity in the submissioa, or during the reference, where such irr gularity has not been substantially prejudicial to the party applying against the award.

XI.-AFFIDAVITS AND OTHER EVIDENCE. Affidavits.

230. Every affidavit used in the Court must be either in English or Language. in the usual and familiar language of the witness swearing it.

An affidavit in any language other than English must be accompanied by a sworn translatiou into English, procured by and at the expense of the person using the affidavit,

231. Every affidavit, sworn before any British judicial or Consular Form. officer in China or Japan, in the matter of any suit or other proceeding in Her Majesty's Courts in China and Japan, must be beaded in the Court, and in the suit or proceding in which the affidavit is to be used.

It must state the full name, trade or profession, address and nationality, of the witness.

It may be in the first or in the third person, and may be divided into convenient paragraphs, numbe ed consecutively.

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