CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

833

(a) they may hold the proceedings on the reference at or O. 36, r. 48. 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;

(b) evidence shall be taken on the reference, and the attendance of witnesses may be enforced by subpoena, 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;

(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.

(3) Nothing in this section shall authorize them to commit O. 36, r. 51. any person to prison or to enforce any order by committal or otherwise.

(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.

545. Any party to a submission may sue out a writ of Suing out of subpoena ad testificandum or a writ of subpoena duces tecum, 52 & 53 Vict. c. 49, s. 8. 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.

546. The time for making an award may from time to time Enlargement be enlarged by order of the court, whether the time for making of time for the award has expired or not.

52 & 53 Vict. c. 49, s. 9.

547. (1) In all cases of reference to arbitration the court Remitting may from time to time remit the matters referred, any to the reconsideration of the arbitrators or umpire.

(2) Where an award is remitted the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order.

52 & 53 Vict. c. 49, s. 10.

548. (1) Where an arbitrator or umpire has misconducted Misconduct himself the court may remove him.

(2) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the court may set aside the award.

52 & 53 Vict. c. 49, s. 11.

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