Directory_and_Chronicle_1900 — Page 325

IN CHINA AND JAPAN

265

The Court shall consider and deliver judgment on such case, and shall be at liberty to draw inferences of facts 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. 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, signed by the arbitrators or Form and umpire making the same.

It must contain a conclusive finding, and may not find on the con- tingency 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 makə 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 sward.

225. The arbitrators or umpire making an award shall within the time Deposit of limited deposit the award in the Court, enclosed in a sealed envelope, and award. 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 Notice thereof. 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 Application award apply to the Court by motion to prevent the award, or any specified against award, part of it, being carried into effect.

227. If no such motion is made the Court shall proceed, on reasonable Order of Court. 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 seem just.

228. The Court shall have power at any time, and from time to time, Remitting of to remit the matters referred, or any of them, to the reconsideration and matter referred redetermination of the arbitrators or umipre, on such terms as to costs

and other things as seem just.

229. The Court shall not refrain from carrying an award into effect Irregularity. merely on the ground of irregularity in the submission, or during the reference, where such irregularity has not been substantially prejudicial to the party applying against the award.

XI.-AFFIDAVITS AND OTHER EVIDENCE Affidavits

230. Every affidavit used in the Court must be either in English or Language. in the usual and familiar language of the witness swearing it.

An affidavit in any language other than English must be accompanied by a sworn translation into English, procured by and at the expense of the person using the affidavit.

231. Every affidavit, sworn before any British judicial or Consular Form. officer in China or Japan, in the matter of any suit or other proceeding in Her Majesty's Courts in China and Japan, must be headed in the Court, and in the suit or proceeding in which the affidavit is to be used.

It must state the full name, trade or profession, address, and nationality, of the witness.

It may be in the first or in the third person, and may be divided into convenient paragraphs, numbered consecutively.