1923_CODE_OF_CIVIL_PROCEDURE — Page 139

1252

No. 3 of 1901.

O. 36, г. 55 B.

Judgment to

be entered by

referee. 0. 40, r. 2.

Setting aside judgment of

referee, O. 40, r. 6.

Effect of report or award.

CODE OF CIVIL PROCEDURE.

award, or to remit the cause or matter or any part thereof for re-trial or further consideration to the same or any other special referee, arbitrator, or officer of the court; and

(9) he may, subject to any directions in the order of reference, exercise the same discretion as to costs as the court could have exercised.

554. Where at the trial a special referee, arbitrator, or officer of the court abstains from directing any judgment to be entered, the plaintiff may set down a motion for judg- ment. If he does not set down such a motion and give notice thereof to the other parties within ten days after the trial, any defendant may set down a motion for judgment, and give notice thereof to the other parties.

555. Where at the trial a special referee, arbitrator, or officer of the court directs that any judgment be entered, any party may move to set aside such judgment, and to enter any other judgment, on the ground that, upon the finding as entered, the judgment so directed is wrong.

556. The report or award of any special referee, arbitrator, or officer of the court on any such reference shall, unless set 52 & 53 Vict. aside by the court, be equivalent to the verdict of a jury.

c. 49, s. 15 (2).

Remunera-

tion of

referee, etc.

557. The remuneration to be paid to any special referee, arbitrator, or officer of the court to whom any matter is 52 & 53 Vict. referred under an order of the court shall be determined by c. 49, s. 15 (3). the court.

Powers of the court as to

558. The court shall, as to any reference under an order of the court, have all the powers which are by this Chapter 52 & 53 Vict. Conferred on the court as to a reference by consent out of

reference.

c. 49, s. 16.

Compelling attendance of witness before

referee, etc. 52 & 53 Vict. c. 49, s. 18.

court.

General.

559.-(1) The court may order that a writ of subpoena ad testificandum or of subpoena duces tecum shall issue to compel the attendance before a special referee, or before any arbitra- tor, umpire, or officer of the court, of a witness wherever he may be within the Colony.

(2) The court may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before a special referee or before any arbitrator, umpire, or officer of the court.