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or persons by whom it may be made, together with all the proceedings, depositions and exhibits in the suit.
10. It shall be lawful for the arbitrator or arbitrators, or umpire, upon any reference, by an order of Court, if he or they shall think fit, and if it is not provided to the contrary, to state his or their award as to the whole or any part thereof in the form of a special case for the opinion of the Court.
11. The Court may, on the application of either party, modify or correct an award where it appears that a part of the award is upon matters not referred to the arbitrators, provided such part can be separated from the other part and does not affect the decision on the matter referred; or where the award is imperfect 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 respecting the costs of the arbitration, if any question arise respecting such costs and the award contain no sufficient provision concerning them.
12. In any of the following cases, the Court shall have power to remit the award or any of the matters referred to arbitration to the re-consideration of the same arbitrator or arbitrators, or umpire, upon such terms as it may think proper, that is to
say:--
If the award has left undetermined some of the matters referred to arbitration,
or if it determine matters not referred to arbitration.
If the award is so indefinite as to be incapable of execution.
If an objection to the legality of the award is apparent upon the face of the
award.
13. No award shall be liable to be set aside except on the ground of corruption or misconduct of the arbitrators or umpire. Any application to set aside an award shall be made within ten days after the same has been submitted to the Court.
14. If the Court shall not see cause to remit the award or any of the matters referred to arbitration for re-consideration in manner aforesaid, and if no application shall have been made to set aside the award, or if the Court shall have refused such application, the Court shall proceed to pass judgment according to the award or according to its own opinion on the special case if the award shall have been submitted to it in the form of a special case; and upon the judgment which shall be so given, decree shall follow and shall be carried into execution in the same manner as other decrees of the Court.
15. When any persons shall by an instrument in writing agree that any differences between them or any of them shall be referred to the arbitration of any person or persons named in the agreement or to be appointed by any Court having jurisdiction in the matter to which it relates, application may be made by the parties thereto or any of them that the agreement be filed in such 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 applicants, as it may think necessary, requiring such parties to show cause, within a time to be specified, why the agreement should not be filed. The application shall be numbered and registered as a suit between some or one of the parties interested or claiming to be interested as plaintiff's or plaintiff, and the others or other of them as defendants or defendant, if the application have been presented by all the parties or, if otherwise, between the applicant as plaintiff and the other parties as defendants. If no sufficient cause be shown against 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 an order of reference made by the Court and to the award of arbitration and to the enforcement of such award.
16. When any matter has been referred to arbitration without the intervention of any Court of Justice, and an award has been made, any person interested in the award may within six months from the date of the award make application to the Court having jurisdiction in the matter to which the award relates, 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 shall be filed and may be enforced as an award made under the provisions of this Chapter.
5. R. 274.
1. R. 275.
S. B. 276.
8. R. 268-271.
$.R. 262.
L.C. 187-188.
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CHAPTER XX.
MISCELLANEOUS PROVISIONS.
Adjournment.
LXXXVII. Nothing in this Code shall affect the power of the Court (for reasons to be recorded in the minutes of proceedings) to defer or adjourn the hearing or deter- mination, of any suit, matter, proceedings, or application, for such time and on such term (if any) as justice requires.
Amendment.
LXXXVIIL Nothing in this Code shall affect the power of the Court (for reasons to be recorded in the minutes of proceedings) to order or allow any amendment of any petition, answer, notice, or other document whatever, at any time on such terms (if any) as justice requires.
Power of Court as to Time.
LXXXIX. Nothing in this Code shall affect the power of the Court (for reasons to be recorded in the minutes of proceedings) to enlarge or abridge the time appointed or allowed for the doing of any act, or the taking of any proceeding on such terms (if any) as justice requires.
2. Where the Court is by this Code or otherwise authorized to appoint the time for the doing of any act, or the taking of any proceedings, or to enlarge the time appointed or allowed for that purpose by this Code, or otherwise, the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, whether the application for further enlargement be made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the Court (for reasons to be recorded in the minutes of proceedings) to be required for the purpose of justice, and not to be sought merely for delay.
Computation of Time.
XC. Where by this Code, or any special order or the course of the Court, any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, and such time is not limited by hours, the computation of such limited time does not include the day of such date or of the hap- pening of such event, but commences at the beginning of the next following day, and the act or proceeding must be done or taken at the latest on the last day of such limited time according to such computation.
2. Where the limited time so appointed or allowed is less than six days, the following days shall not be reckoned in the computation of such time; namely:-Sundays Good Friday, Monday and Tuesday in Easter week, Christmas Day and the day next before and the day next after Christmas Day.
3. Where the time for the doing of any act or the taking of any proceeding expires on one of the days last mentioned, the act or proceeding shall be considered as done or taken in due time if done or taken on the next day afterwards that is not one of the last-mentioned days.
4. The day on which an order that a plaintiff do give security for costs is served, and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of the time allowed to a defendant for putting in his answer.
Power of Court as to Costs.
XCI. The costs of the whole suit and of each particular proceeding therein, and of every proceeding before the Court are in the discretion of the Court; and the Court shall have full power to award and apportion costs in any manner it may deem
proper.
2. Under the denomination of costs are included the whole of the expenses neces- sarily incurred by either party on account of the suit, and in enforcing the decree passed therein, such as the expense of summoning the parties and witnesses, and of other processes, or of procuring copies of documents, law costs, charges of witnesses, and expenses of commissioners either in taking evidence or in investigations into accounts.
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