It shall be executed forthwith.
ings under
to bail.
The person arrested under it shall be entitled to be discharged from custody under it on bringing into Court the amount stated in the order, to abide the event of any suit instituted, or on entering into a recognizance, (with or without a surety or sureties as the Court thinks fit), signed by him (and his surety or sureties, if any), as a security that he will abide by and satisfy any decree or order of the Court in any suit instituted, or on giving such other security for that purpose by deposit or otherwise as the Court thinks fit.
The person arrested shall be liable to be detained in custody under the order for not more than seven days if not sooner discharged; but the Court may, from time to time on evidence on oath, renew the order, so, however, that no person be kept in custody under any such order, and renewed order or orders for a longer time in the whole than thirty days.
Arbitration.
be made rule
226. Every agreement or submission to arbitration by consent, whether by deed or instrument in writing not under seal, may be made a rule of Court, on the application of any party thereto, unless such agreement or submission contain words purporting that the parties intended that it should not be made a rule of Court.
227. The following rules respecting arbitration apply exclusively to cases where the agreement for reference to arbitration or submission to arbitration by consent has been made a rule of Court.
applies.
228. Arbitrators shall make their award within one calendar month after they have entered on the reference or been called 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.
229. The Court may, if it thinks fit, on reasonable notice to all parties, from time to time enlarge the time for making the award for such time as it thinks fit, the reasons for such enlargement being recorded in the minutes of proceedings.
230. An umpire may enter on the reference in lieu of the arbitrators, if the latter have allowed their time or their extended time to expire without making an award, or have filed in the Court a notice in writing that they cannot agree.
231. The authority of an arbitrator or umpire is not revocable except by the Court.
any
232. Where it appears to the arbitrators or umpire that a 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.
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.
233. The arbitrators or umpire shall have power to award 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 Registrar to tax the costs; and on such application the costs shall be taxed at a reasonable rate by the Registrar and the costs of taxation shall be on the same scale as in other proceedings.
234. Every award must be in writing signed by the arbitrators 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 substantiated 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.
award.
235. The arbitrators or umpire making an award shall within the time limited deposit the award in the Court, enclosed in a sealed envelope, and indorsed with the names of the parties to the reference, and the amount claimed by the arbitrators and umpire for remuneration.
236. Notice of the award having been deposited shall be given by the Registrar to the parties, who shall be at liberty to read the award and to have copies of it on payment of the proper fees.
237. Any person interested may within seven days after notice of the award apply to the Court by motion to prevent the award, or any specified part of it, being carried into effect.
238. If no such motion is made, the Court shall proceed, on reasonable notice to all parties, to make such order for carrying into effect the award, or any part thereof, and as to costs and other things, as seems just.
54
It shall be executed forthwith.
ings under
to bail.
The person arrested under it shall be entitled to be order to hold discharged from custody under it on bringing into Court the amoont stated in the order, to abide the event of any suit insti- tuted, or on entering into a recognizance, (with or without a surety or sureties as the Court thinks fit), signed by him (and his surety or sureties, if any), as a security that he will abide by and satisfy any decree or order of the Court in any suit instituted, or on giving such other security for that purpose by deposit or otherwise as the Court thinks fit.
The person arrested shall be liable to be detained in custody under the order for not more than seven days if not sooner discharged; but the Court may, from time to time on evidence on oath, renew the order, so, however, that no person be kept in custody under any such order, and renewed order or orders for a longer time in the whole than thirty days.
Arbitration.
be made rule
226. Every agreement or subinission to arbitration by con- Submission to sent, whether by deed or instrument in writing not under seal, arbitration to may be made a rule of Court, on the application of any party of Court. thereto, unless such agreement or submission contain words pur- porting that the parties intended that it should not be made a rule of Court.
227. The following rules respecting arbitration apply exclu- In what eases sively to cases where the agreement for reference to arbitration or this Ordinance submission to arbitration by consent has been made a rule of Court.
applies.
228. Arbitrators shall make their award within one calendar Time for month after they have entered on the reference or been called on award. to act by a notice in writing from any party, unless the document authorizing or making the reference contains a different limit of time.
229. The Court may, if it thinks fit, on reasonable notice to Enlargement all parties, from time to time enlarge the time for making the of time. award for such time as it thinks fit, the reasons for such enlarge- ment being recorded in the minutes of proceedings.
230. An umpire may enter on the reference in lien 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.
231. The authority of an arbitrator or umpire is not revoca- Revocation of ble except by the Court.
authority.
any
232. Where it appears to the arbitrators or umpire that Special case. difficult question of law is involved in or raised by the facts as finally ascertained by them or him, they or he
if it seems fit, state the award (as to the whole or any part thereof) in the form
may, of a special case for the opinion of the 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.
233. 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 Registrar to tax the costs; and on such application the costs shall be taxed at a reasonable rate by the Registrar and the costs of taxation shall be on the same scale as in other proceedings.
234. Every award must be in writing signed by the arbitra- Form and tors or umpire making the same.
contents of
It must contain a conclusive finding, and may not find award. on the contingency of any matter of fact being afterwards sub- stantiated 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.
award.
235. The arbitrators or umpire making an award shall with- Deposit of in the time limited deposit the award in the Court, enclosed in a' sealed envelope, and indorsed with the names of the parties to the reference, and the amount claimed by the arbitrators and umpire for remuneration.
236. Notice of the award having been deposited shall be Notice thereof. given by the Registrar to the parties, who shall be at liberty to read the award and to have copies of it on payment of the proper fees.
237. Any person interested may within seven days after Application notice of the award apply to the Court by motion to prevent the against award. award, or any specified part of it, being carried into effect.
238. If no such motion is made, the Court shall proceed, on Order of Court. reasonable notice to all parties, to make such order for carrying into
effect the award, or any part thereof, and as to costs and other things, as seems just.
54
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