1937_CODE_OF_CIVIL_PROCEDURE_ORDINANCE — Page 142

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836

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

O. 36, r. 54.

O. 36, r. 55.

O. 36, r. 55B.

Judgment to be entered by referee.

Setting aside judgment of referee.

Effect of report or award.

15 & 16 Geo. 5, c. 49, s. 90 (2).

Remuneration of referee, etc.

(7) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the court to adopt the report or award, or without leave of the court to give not less than four days' notice of motion, to come on with the further consideration, to vary the report 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;

(8) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an eight days' notice of motion, to apply to the court to adopt and carry into effect the report or award, or to vary the report or 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 judgment. 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 aside by the court, be equivalent to the verdict of a jury.

557. The remuneration to be paid to any special referee, arbitrator or officer of the court, to whom any matter is referred

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836 No. 3 of 1901. CODE OF CIVIL PROCEDURE. O. 36, r. 54. O. 36, r. 55. O. 36, r. 55B. Judgment to be entered by referee. Setting aside judgment of referee. Effect of report or award. 15 & 16 Geo. 5, c. 49, s. 90 (2). Remuneration of referee, etc. (7) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the court to adopt the report or award, or without leave of the court to give not less than four days' notice of motion, to come on with the further consideration, to vary the report 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; (8) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an eight days' notice of motion, to apply to the court to adopt and carry into effect the report or award, or to vary the report or 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 judgment. 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 aside by the court, be equivalent to the verdict of a jury. 557. The remuneration to be paid to any special referee, arbitrator or officer of the court, to whom any matter is referred
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836 No. 3 of 1901. CODE OF CIVIL PROCEDURE. O. 36, r. 54. 0. 36, r. 55. O. 36, r. 55B. Judgment to be entered· by referee. Setting aside judgment of referee. Effect of report or award. 15 & 16 Geo. 5, c. 49, s. 90 (2). Remunera- tion of referee, etc. (7) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the court to adopt the report or award, or without leave of the court to give not less than four days' notice of motion, to come on with the further consideration, to vary the report 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; (8) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an eight days' notice of motion, to apply to the court to adopt and carry into effect the report or award, or to vary the report or 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 refer- ence, 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 judgment. 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 aside by the court, be equivalent to the verdict of a jury. 557. The remuneration to be paid to any special referee, arbitrator or officer of the court. to whom any matter is referred
2026-05-03 13:52:22 · Baseline
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836

No. 3 of 1901.

CODE OF CIVIL PROCEDURE.

O. 36, r. 54.

0. 36, r. 55.

O. 36, r. 55B.

Judgment to be entered· by referee.

Setting aside judgment of referee.

Effect of

report or award.

15 & 16 Geo. 5, c. 49, s. 90 (2).

Remunera- tion of referee, etc.

(7) where a report or award has been made in a cause or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice of motion or summons, to apply to the court to adopt the report or award, or without leave of the court to give not less than four days' notice of motion, to come on with the further consideration, to vary the report 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;

(8) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an eight days' notice of motion, to apply to the court to adopt and carry into effect the report or award, or to vary the report or 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 refer- ence, 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 judgment. 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 aside by the court, be equivalent to the verdict of a jury.

557. The remuneration to be paid to any special referee, arbitrator or officer of the court. to whom any matter is referred

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