}
ORDINANCE No. 6 of 1855 . 309
Common Law Procedure.
8. All applications to set aside any award made on a compulsory Application
to set aside
reference hereinbefore provided for, shall and may be made within the the award.
[See Ord.
first seven days of the term next following the publication of the award No. 3 of 1858
8. 1.]
to the parties, whether made in vacation or term ; and if no such application
is made, or if no rule is granted thereon , or if any rule granted thereon is
afterwards discharged, such award shall be final between the parties .
9. Any award made on a compulsory reference hereinbefore provided Enforcing
award within.
for, by the authority of the Court, on such terms as to it may seem period for
setting same
reasonable, may be enforced at any time after seven days from the time aside.
of publication, notwithstanding that the time for moving to set it aside
has not elapsed .
If action
10. Whenever the parties to any deed or instrument in writing to commenced
be hereafter made or executed , or any of them , shall agree that any then by one party
after all have
existing or future differences between them or any of them shall be agreed to
arbitration,
referred to arbitration and any one or more of the parties so agreeing, or Court may
stay proceed
any person or persons claiming through or under him or them, shall ings.
nevertheless commence any action at law or suit in equity against the
other party or parties, or any of them, or against any person or persons
claiming through or under him or them in respect of the matters so agreed
to be referred, or any of them , it shall be lawful for the Court, on appli
cation by the defendant or defendants , or any of them , after appearance
and before plea or answer, upon being satisfied that no sufficient reason
exists why such matters cannot be or ought not to be referred to arbitra
tion according to such agreement as aforesaid, and that the defendant was
at the time of the bringing of such action or suit, and still is, ready and
willing to join and concur in all acts necessary and proper for causing
such matters so to be decided by arbitration , to make a rule or order
staying all proceedings in such action or suit , on such terms as to costs
and otherwise as to such Court may seem fit ; provided always, that any
such rule or order may at any time afterwards be discharged or varied as
justice may require.
11. If, in any case of arbitration , the document authorizing the re On failure of
parties or
ference provide that the reference shall be to a single arbitrator, and all arbitrators,
Court may
the parties do not, after differences have arisen , concur in the appoint appoint single
arbitrator or
ment of an arbitrator ; or if any appointed arbitrator refuse to act, or umpire.
become incapable of acting, or die, and the terms of such document do
not shew that it was intended that such vacancy should not be supplied,