CO129-109 - Public Offices - 1865 — Page 127

AST

Executor

dying without proving, or not appearing.

Notice to next of kin.

Administration

hond.

Assignment of and suit on bond.

In what cases these rules apply.

Time for

award.

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213. Where an executor appointed in a will survives the testator but either dies without having taken probate or being summoned or called on by the Court to take probate does not appear, his right in respect of the executorship wholly ceases, and the representation to the testator and the administration of his effects without further renunciation go, devolve, and may be committed in like manner as if he had not been appointed

executor.

214. Where administration is applied for by one or some of the next of kin only, there being another or other next of kin equally entitled thereto, the proper officer shall require proof by affidavit that notice of the application has been given to the other next of kin.

215. Every person to whom administration is granted shall give bond (Forms 18., 19.) with two or more responsible British subjects as sureties, to the Judge of the Supreme Court, to enure in favour of the Judge for the time being, conditioned for duly collecting, getting in, and administering the personal estate of the deceased.

Where, however, the property is under the value of 250 dollars, one such surety only need be taken.

The bond shall be in a penalty of double the amount under which the personal estate of the deceased is sworn, unless the proper officer in any case thinks it expedient to reduce the amount, for reasons to be forthwith certified by him to the Judge of the Supreme Court.

The proper officer may also in any case direct that more bonds than one shall be given, so as to limit the liability of any surety to such amount as the officer thinks reasonable.

216. The Judge of the Supreme Court may, on applica tion, in a summary way, and on being satisfied that the condition of any administration bond has been broken, assign the same to some person, who shall thereupon be entitled to sue on the bond in his own name, as if the same had been originally given to him instead of to the Judge of the Supreme Court, and shall be entitled to recover thereon, as trustee for all persons interested, the full amount recoverable in respect of

any breach of the condition of the bond.

X-ARBITRATION,

217. The following rules respecting arbitration apply exclusively to cases where the agreement for reference to arbitration or submission to arbitration by consent is made a rule of Court.

218. Arbitrators shall make their award within one calendar month after they have entered on the reference or been called

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on to act by a notice in writing from any party, unless the document authorizing or making the reference contains a different limit of time.

Enlargement

219. The Court may, if it thinks fit, on reasonable notice to all parties, from time to time enlarge the time for making of time. the award for such time as it thinks fit, the reasons for such enlargement being recorded in the minutes of proceedings.

220. An umpire may enter on the reference in lieu of the When umpire arbitrators, if the latter have allowed their time or their extended may enter on time to expire without making an award, or have filed in the reference. Court a notice in writing that they cannot agree.

221. The authority of an arbitrator or umpire is not revo- Revocation of cable except by the Court.

authority.

222. Where it appears to the arbitrators or umpire that any Special case. difficult question of law is involved in or raised by the facts

as finally ascertained by them or him, they or he may, if it seems fit, state the award (as to the whole or any part thereof) in the form of a special case for the opinion of the Court having juris- diction in the matter or of the Supreme Court.

The Court shall consider and deliver judgment on such case, and shall be at liberty to draw inferences of fact from the facts stated, and to amend the case or remit it for amendment by reason of any irregularity, mistake, or imperfection.

223. The arbitrators or umpire shall have power to award Costs. how the costs of the reference shall be borne, in the whole or in part; but any award as to costs shall not preclude the party or parties against whom costs are awarded from applying to the Court to tax the costs; and on such application the costs, including the remuneration (if any) of the arbitrators and umpire, or any of them, shall be taxed at a reasonable rate by the Court, and the Court shall make such order regarding the costs of tax- ation as justice requires.

224. Every award must be in writing signed by the arbi- Form and trators or umpire making the same.

It must contain a conclusive finding, and may not find on

the contingency of any matter of fact being afterwards substan- tiated or deposed to.

It must comprehend a finding on each of the several matters referred.

Arbitrators or an umpire may, however, from time to time make several awards on several parts of a matter or on several matters referred, so as the latest of the awards is made within the time limited.

contents of award.

225. The arbitrators or umpire making an award shall within Deposit of the time limited deposit the award in the Court, enclosed in a award. sealed envelope, and indorsed with the names of the parties to

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