1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 141

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

(s. 553

835

procedure on reference. 15 & 16 Geo.

any cause or matter, the special referee or arbitrator shall be contd.] 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-.

(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;

5, c. 49, s. 90 (1).

O. 36, r. 48.

(2) subject to any order to be made by the court, evidence 0. 36, r. 49. shall be taken at the trial, and the attendance of witnesses may be enforced by subpoena, and the trial shall be conducted in the same manner, as nearly as circumstances will admit, as trials are conducted before the court;

(3) subject to any such order as last aforesaid, he shall have 0. 36, r. 50. the same authority with respect to discovery and production of documents and in the conduct of the trial or reference, and the same power to direct that judgment be entered for any or either party, as the court;

(4) nothing in this section shall authorize him to commit 0. 36, r. 51. any person to prison or to enforce any order by committal or otherwise;

(5) he may, before the conclusion of the trial before him, 0. 36, r. 52. or by 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 therefrom, 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 to remit the cause or matter, or any part thereof, for re-trial or further consideration to him or to any other special referee, arbitrator or officer of the court; or the court may decide the question referred to him on the evidence taken before him, either with or without additional evidence as the court may direct;

(6) when he makes a report or award he shall immediately 0. 36, r. 53. thereafter cause notice thereof to be given in writing to all the parties to the trial or reference before him;