CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1259
544.-(1) The arbitrators or umpire acting under a submission shall, unless the submission expresses a contrary intention, have power-
Powers of arbitrator or umpire and procedure on reference.
(a) to administer oaths to the parties and witnesses appearing; [52 & 53 Vict.
(b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and
(c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
(2) The arbitrators or umpire acting under a submission shall also have such authority, and shall conduct the reference in such manner, as is hereinafter mentioned; that is to say,-
c. 49 s. 7.]
(a) they may hold the proceedings on the reference at or adjourn them to any place which they may deem most convenient, and have any inspection or view which they may deem expedient for the better disposal of the controversy before them;
O. 36 r. 48.
(b) evidence shall be taken on the reference, and the attendance of witnesses may be enforced by subpœna, and the proceedings on the reference shall be conducted in the same manner, as nearly as circumstances will admit, as trials are conducted before the Court;
Ib. r. 49.
(c) they shall have the same authority with respect to discovery and production of documents, and in the conduct of the reference, as the Court.
Ib. r. 50.
(3) Nothing in this section shall authorise them to commit any person to prison or to enforce any order by committal or otherwise.
Ib. r. 51.
(4) When they make an award, they shall immediately thereafter cause notice thereof to be given in writing to all the parties to the reference before them.
Ib. r. 53.
545. Any party to a submission may sue out a writ of subpœna ad testificandum or a writ of subpœna duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.
Suing out of subpœna.
[52 & 53 Vict. c. 49 s. 8.]
546. The time for making an award may from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.
Enlargement of time for making award.
[ib. s. 9.]
* As amended by No. 2 of 1912 and No. 43 of 1912 Supp. Sched.