the-ordinances-of-the-legislative-counci-1890 — Page 344

308 ORDINANCE No. 6 OF 1855 .


Common Law Procedure.


decided by a jury, or by the Court upon the consent of both parties as
hereinbefore provided, it shall be lawful for such Court to direct a case
to be stated, or an issue or issues to be tried ; and the decision of the

Court upon such case and the finding of the jury or Court upon such
issue or issues , shall be taken and acted on by the arbitrator as conclu
sive.

Arbitrator 4. It shall be lawful for the arbitrator upon any compulsory refer
may state
special case. ence as hereinbefore provided , or upon any reference by consent of par-
ties where the submission is or may be made a rule of Court , if he shall
think fit, and if it is not provided to the contrary, to state his award , as

to the whole or any part thereof, in the form of a special case for the opi
nion of the Court , and when an action is referred , judgment, if so ordered ,
may be entered according to the opinion of the Court.

Power to
Court to 5. If upon the trial of any issue of fact by the Court, it shall appear
direct to the Court that the questions arising thereon involve matter of account
arbitration at
time of trial, which cannot conveniently be tried before it, it shall be lawful for it , at
when issues of
fact are left its discretion, to order that such matter of account be referred to an ar
toits decision.
bitrator appointed by the parties, or to an officer of the Court, upon such
terms as to costs, and otherwise, as such Court shall think reasonable ;
and the award or certificate of such referee shall have the same effect as

hereinbefore provided as to the award or certificate of a referee before
trial ; and it shall be competent for the Court to proceed to try and dis
pose of any other matter in question , not referred , in like manner as if
no reference had been made .

Proceedings
before and 6. The proceedings upon any such arbitration as aforesaid shall ,
power of such
arbitrator. except otherwise directed hereby, or by the submission or document au
thorizing the reference, be conducted in like manner, and subject to the
same rules and enactments , as to the power of the arbitrator, and of the
Court, the attendance of witnesses , the production of documents , enfor
cing or setting aside the award, and otherwise , as upon a reference made
by consent under a rule of Court or Judge's order.

Power to send 7. In any case where reference shall be made to arbitration as
back to
arbitrator. aforesaid, the Court shall have power at any time , and from time to time ,
to remit the matters referred , or any or either of them, to the reconsider
ation and redetermination of the said arbitrator, upon such terms as to costs
and otherwise, as to the said Court may seem proper.