1912_CODE_OF_CIVIL_PROCEDURE — Page 126

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1257

to the submission or to the umpire a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators;

(5) the umpire shall make his award within 3 months after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire, by any writing signed by him, may from time to time en- large the time for making the award;

(6) the parties to the reference, and all persons claiming through or under them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, upon oath, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings, and documents in their possession or power respectively which may be required or called for, and do all other things which, during the proceedings on the reference, the arbitra- tors or umpire may require;

(7) the witnesses on the reference shall, if the arbitrators or umpire think fit, be examined upon oath;

(8) the award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming through or under them respectively; and

(9) the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may award costs to be paid as between solicitor and client, and such costs shall be taxed by the Registrar.

Power of Court to stay legal pro-

where there

mission. [52 & 53 Vict. c. 49 s. 4.]

541. If any party to a submission, or any person claiming through or under him, commences any legal proceedings in the Court against any other party to the submission, or any person claiming through ceedings or under him, in respect of any matter agreed to be referred, any is a sub- party to such legal proceedings may, at any time after appearance and before filing any pleading or taking any other step in the pro- ceedings, apply to the Court to stay the proceedings, and the Court, if it is satisfied that there is not sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were com- menced, and still remains, ready and willing to do all things neces- sary to the proper conduct of the arbitration, may make an order staying the proceedings accordingly.

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