1250
referee, etc.
52 & 53 Vict. c. 49, s. 13.
Reference of
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
(2) The report of a special referee may be adopted wholly or partially by the court, and, if so adopted, may be enforced in the same manner as a judgment or order of the court to the same effect.
552. In any cause or matter (other than a criminal proceeding by the Crown),—
cause or
question
therein, for trial before referee, etc. 52 & 53 Vict. c. 49, s. 14.
Powers of referee, and procedure on reference.
(a) if all the parties interested who are not under disability consent; or
(b) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the court, conveniently be made before a jury or conducted by the court through its other ordinary officers; or
(c) if the question in dispute consists wholly or in part of matters of account,
the court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties or before an officer of the court.
553. In every case of reference to a special referee or arbitrator or to an officer of the court under an order of the court in any cause or matter, the special referee or arbitrator shall be deemed to be an officer of the court, and such special referee, arbitrator, or officer shall have such authority, and shall conduct the reference in such manner, as is hereinafter mentioned:
52 & 53 Vict. c. 49, s. 15 (1).
O. 36, r. 48.
O. 36, r. 49.
(1) he may, subject to the order of the court, hold the trial at or adjourn it to any place which he may deem most convenient, and have any inspection or view which he may deem expedient for the better disposal of the controversy before him. If he is appointed by an order of the court, he shall, unless otherwise directed by the court, proceed with the trial de die in diem, in a similar manner as in an action tried with a jury;
(2) subject to any order to be made by the court, evidence shall be taken at the trial, and the attendance of witnesses may be enforced by subpoena, and the trial shall be conducted in the same manner, as nearly as circumstances will admit, as trials are conducted before the court;