1901_CODE_OF_CIVIL_PROCEDURE — Page 110

AD. 1901.] CODE OF CIVIL PROCEDURE.

[No. 3.

761

648.(1.) Where an arbitrator or umpire has misconducted himself, Misconduct the Court may remove him.

of arbitrator or umpire.

o. 49 s. 11.

(2.) Where an arbitrator or umpire has misconducted himself, or an 52 & 53 Vict. arbitration or award has been improperly procured, the Court may set aside the award.

to set aside award. 0.64 r. 14. Enforcement of award.. 62 & 63 Vict.

549. An application to set aside an award may be made within one Application month after such award has been made and published to the parties.

550.-(1.) An award may, by leave of the Court, be enforced in the same manner as a judgment or order of the Court to the same effect.

(2.) An award may, by leave of the Court and on such terms as may just, be enforced at any time, though the time for applying to set it aside has not elapsed.

Reference under Order of Court.

551.-(1.) Subject to the provisions of this Code and to any right to may refer any question have particular cases tried by a jury, the Court arising in any cause or matter (other than a criminal proceeding by the Crown) for inquiry and report to a special referee.

(2.) The report of a special referee may be adopted wholly or partially by the Court, and, if so adopted, may be enforced in the same manner as a judgment or order of the Court to the same effect.

552. In any cause or matter (other than a criminal proceeding by the Crown),-

(1.) if all the parties interested who are not under disability consent;

or

(2.) if the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot, in the opinion of the Court, conveniently be made before a jury or conducted by the Court through its other ordinary officers; or (3.) if the question in dispute consists wholly or in part of matters of account,

the Court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties or before an officer of the Court.

c. 49 s. 12. 0.42 r. 31 A.

Reference of question arising in cause or matter for inquiry and report by referee, etc. 52 & 53 Vict.

c. 49 s. 13.

Reference of cause or matter, or of question therein, for trial before referee, etc.

Ib. s. 14.

referee, and procedure on

553. In every case of reference to a special referee or arbitrator or Powers of to an officer of the Court under an order of the Court in any cause or matter, the special referee or arbitrator shall be deemed to be an officer of the Court, and such special referee, arbitrator, or officer shall have such authority, and shall conduct the reference in such manner, as is hereinafter mentioned; that is to say,-

reference.

Ib. s. 16 (1.)

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