Before making such an Order the Court shall require the Person applying for it to enter into a recognizance (with or without a surety or sureties as the court thinks fit), signed by the party applying (and his surety or sureties if any), as a security for his being answerable in Damages to the Person against whom the Order is sought, or to give such other security for that purpose by deposit or otherwise as the court thinks fit.
Any such Order shall not remain in force more than 24 hours, and shall at the end of that time wholly cease to be in force, unless within that time a Suit is regularly instituted by the Person obtaining the Order.
Any such Order shall be dealt with in the Suit as seems just.
An Order to hold to bail shall state the amount (including costs) for which bail is required.
It shall be executed forthwith.
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.
X.--Arbitration.
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 intend that it should not be made a rule of court.
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.
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.
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.
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.
The authority of an arbitrator or umpire is not revocable except by the court.
Where it appears to the arbitrators or umpire that any 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 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.
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, including the remuneration (if any) of the arbitrators and umpire, or any of them, 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.
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.
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.
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.
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Before making such an Order the Court shall require the Person applying for it to enter into a recognizance (with or without a surety or sureties as the court think it), signed by the party applying (and bis surety or sureties if any), as a security for his heing answerable in Damages to the Person against whoin the Order is sought, or to give such other security for that pur pose by deposit or otherwise as the court thinks fit.
Any such Order shall not remain in force more than 24 hours, and shall at the end of that time wholly cease to be in force, unless within that time a Suit is regularly instituted by the Person obtaining the Order.
seems just.
+
Any such Order shall be dealt with in the Suit as
An Order to hold to bail shall state the amount (in- cluding costs) for which bail is required.
+
It shall be executed forthwith.
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 insti- tated, 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 be will abide by and satisfy any decree or Order of the court in any Suit instituted, or ou 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.
X.--Arbitration.
Every agreement or submission to Arbitration by con- sent, 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 pur- porting that the parties intend that it should not be made a rule of court.
The following rules respecting arbitration apply ex- clusively to cases where the agreement for reference to arbitration or submission to arbitration by consent has been made a rule of court.
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.
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 enlarge- ment being recorded in the minutes of proceedings.
th
fi Au umpire may enter on the reference in lie 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 agrec.
The authority of an arbitrator or ampire is not revoca-- ble except by the court.
Where it appears to the arbitrators or umpire that any difficult question of Law is involved in or rised by the Facts us finally ascertained by then or him, they or he may, if it seems fit, state the award (as to the whole or any part thereof) in the Form:
fr of 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.
. 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 Re gistrar to tax the costs; and on such application the costs, includ- ing the remuneration (if any) of the arbitrators and umpire, or any of them, shall be taxed at a reasonable rate by the Registrar and the costs of taxation shall be or the same scule as in other procedings.
Every award must be in writing signed by the arbitra- tors 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 sub- stantiated or deposed to.
It must comprehend a finding ou 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.
The arbitrators or umpire making an award shall with- 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.
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.
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