Directory_and_Chronicle_1868 — Page 353

Page 353 Page 353

Enlargement of time.

When umpire may enter on reference,

Revocation of authority,

Special case.

Costs.

Form and contents of award,

Deposit of award.

Notice thereof.

Application against

award.

Order of Court.

Bemitting of matters referred.

70

RULES OF SUPREME COURT

219. 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.

220. An umpire may enter on the reference in lieu of the arbitra- tors, 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.

221. The authority of an arbitrator or umpire is not revocable except by the Court.

222. 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 a special case for the opinion of the Court having jurisdiction 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 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 taxation as justice requires.

224. Every award must be in writing sigued 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.

225. 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 Court to the parties, who shall be at liberty to read the award and to have copies of it on payment of the proper fees.

226. 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.

227. 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.

228. The Court shall have power at any time, and from time to time, to remit the matters referred, or any of them, to the reconsidera- tion and redetermination of the arbitrators or umpire, on such terms as to costs and other things as seem just.

Page 353 Page 353

Digitized by

Google