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454 SUPPLEMENT TO THE HONGKONG GOVERNMENT GAZETTE, 27îп SEPT., 1873.
Power as to Costs.
Power of Court
Decision on the Matter referved; or where the Award is imper- fect in Form, or contains any obvious Error which can be amended without affecting such Decision. The Court may also, on such Application, make such Order as it thinks just respect- ing the Cost of the Arbitration, if any Question arise respecting such Costs and the Award contain no suflicient Provision con- cerning them.
10. In any of the following Cases, the Court shall have Power to remit Award to remit the Award or any of the Matters referred to Arbitration for Re-const- for Re-consideration by the Arbitrators, or Umpire, upon such
Terms as it may think proper, that is to say -
deration.
Setting aside Award.
Filing Award --Effect of.
Reference by
ment.
file.
thereon.
(a) If the Award has left undetermined some of the Matters referred to Arbitration, or if it has determined Matters not referred to Arbitration.
(b) If the Award is so indefinite as to be incapable of
Execution.
apparent
· (c) If an Objection to the Legality of the Award is
upon the Face of the Award. 11. No Award shall be liable to be set aside except on the Ground of Perverseness or Misconduct of the Arbitrator or Umpire. Any Application to set aside an Award shall be made within Fifteen Days after the Publication thereof.
12. If no Application shall have been made to set aside the Award, or to remit the same, or any of the Matters referred for Re-consideration, or if the Court shail have refused any such Application, either Party may file the Award in Court, and the Award shall thereupon have the same Force and Effect for all Purposes as a Judgment. ·
13. When any Persons shall by an Instrument in Writing private Agree- agree that any Differences between them, or any of them, shall be referred to the Arbitration of any Persons named in the Agreement, Application may be made by the Parties thereto, or Application to any of them, that the Agreement be filed in Court. On such Application being made, the Court shall direct such Notice to be given to any of the Parties to the Agreement, other than the Proceedings Applicants, as it may think necessary, requiring such Parties to show Cause, within a Time to be specified, why the Agree- ment should not be filed. The Application shall be numbered and registered as a Suit between the Parties interested as Plaintifs and Defendants. If no sufficient Cause be shown Effect thereof. against the Filing of the Agreement, the Agreement shall be filed and an Order of Reference to Arbitration shall be made thereon. The several Provisions of this Chapter, so far as they are not inconsistent with the Terms of any Agreement so filed, shall be applicable to all Proceedings under the Order of Reference and to the Award of Arbitration and to the Enforcement of such Award.
Arbitration without the
of the Court.
Application to file Award.
14. When any Matter has been referred to Arbitration with- out the Intervention of the Court, and an Award has been Intervention made, any Person interested in the Award may, within Six Months from the Date of the Award, make Application to the 'Court, that the Award be filed in Court. The Court shall direct Notice to be given to the Parties to the Arbitration other than the Applicant, requiring such Parties to show Cause, within a Time to be specified, why the Award should not be filed. The Application shall be numbered and registered as a Suit between the Applicant as Plaintiff and the other Parties as Defendants. If no sufficient Cause be shown against the Award, the Award Effect thereof, shall be filed and shall thereupon have the same Force and
Effect for all Purposes as a Judgment.
Proceedings thereon.
CHAPTER XX.
MISCELLANEOUS PROVISIONS.
General Powers of Court.
General
Powers of Court.
Adjournment.
XC. Nothing in this Code shall affect the Power of the Court to defer or adjourn the Hearing or Determination of any Suit, Matter, Proceedings, or Application, for such Time and on such Terms as Justice requires.
Amendment.
XCI. Nothing in this Code shall affect the Power of the Court to order or allow any Amendment of any Writ, Petition, Answer, Notice, or other Document whatever, at any Time on such Terms as Justice requires.