1912_CODE_OF_CIVIL_PROCEDURE — Page 130

CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1261

(c) 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.

Powers of procedure on referee, and

553. In every case of reference to a special referee or arbitrator or 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 reference. 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 :—

(1) he may, subject to the order of the Court, hold the trial at or adjourn it to any place which he may deem most convenient, and have any inspection or view which he may deem expedient for the better disposal of the controversy before him. If he is appointed by an order of the Court, he shall, unless otherwise directed by the Court, proceed with the trial de die in diem, in a similar manner as in an action tried with a jury;

c. 49 s. 15 [52 & 53 Vict.

(1).]

*

0.36 r. 48.

(2) subject to any order to be made by the Court, evidence shall ib. r. 49. be taken at the trial, and the attendance of witnesses may be en- forced by subpoena, and the trial shall be conducted in the same manner, as nearly as circumstances will admit, as trials are con- ducted before the Court;

(3) subject to any such order as last aforesaid, he shall have the ib. r. 50. same authority with respect to discovery and production of docu- ments and in the conduct of the trial or reference, and the same power to direct that judginent be entered for any or either party, as the Court;

(4) nothing in this section shall authorise him to commit any ib. r. 51. person to prison or to enforce any order by committal or otherwise;

(5) he may, before the conclusion of the trial before him, or by ib.r.52, his report or award under the reference made to him, submit any question arising therein for the decision of the Court, or state any facts specially, with power to the Court to draw inferences there- from, and in any such case the order to be made on such submission or statement shall be entered as the Court may direct; and the Court shall have power to require any explanation or reasons from him and

* As amended by No. 50 of 1911.

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