1262
No. 3 of 1901.
0.36 r. 53.
ib. r. 54.
ib. r. 55.
ib. r. 55B.
Judgment to be entered by referee. 0.40 r. 2.
Setting aside judgment of referee. ib. r. 6.
CODE OF CIVIL PROCEDURE
to remit the cause or matter, or any part thereof, for re-trial or further consideration to him or to any other special referee, arbitrator, or officer of the Court; or the Court may decide the question referred to him on the evidence taken before him, either with or without additional evidence as the Court may direct;
(6) when he makes a report or award, he shall immediately thereafter cause notice thereof to be given in writing to all the parties to the trial or reference before him;
(7) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the Court to adopt the report or award, or without leave of the Court to give not less than 4 days' notice of motion, to come on with the further consideration, to vary the report or to remit the cause or matter or any part thereof for re-trial or further consideration to the same or any other special referee, arbitrator, or officer of the Court;
(8) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an 8 days' notice of motion, to apply to the Court to adopt and carry into effect the report or award, or to vary the report or award, or to remit the cause or matter or any part thereof for re-trial or further consideration to the same or any other special referee, arbitrator, or officer of the Court; and
(9) he may, subject to any directions in the order of reference, exercise the same discretion as to costs as the Court could have exercised.
554. Where at the trial a special referee, arbitrator, or officer of the Court abstains from directing any judgment to be entered, the plaintiff may set down a motion for judgment. If he does not set down such a motion and give notice thereof to the other parties within 10 days after the trial, any defendant may set down a motion for judgment, and give notice thereof to the other parties.
555. Where at the trial a special referee, arbitrator, or officer of the Court directs that any judgment be entered, any party may move to set aside such judgment, and to enter any other judgment, on the ground that, upon the finding as entered, the judgment so directed is wrong.