the-ordinances-of-the-legislative-counci-1890 — Page 347

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ORDINANCE No. 6 of 1855 . 311


Common Law Procedure.


14. The arbitrator acting under any such document or compulsory Award
made intothree
be
order or reference as aforesaid , or under any order referring the award months unless
parties or
back, shall make his award under his hand , and (unless such document Court enlarge
time.
or order respectively shall contain a different limit of time ) within three
months after he shall have been appointed , and shall have entered on the
reference, or shall have been called upon to act by a notice in writing
from any party ; but the parties may by consent in writing enlarge the
term for making the award ; and it shall be lawful for the Court for good
cause to be stated in the rule or order for enlargement, from time to time
.

to enlarge the term for making the award ; and if no period be stated for
the enlargement in such consent or order for enlargement , it shall be deemed
to be an enlargement for one month ; and in any case where an umpire shall
have been appointed , it shall be lawful for him to enter on the reference
in lieu of the arbitrators , if the latter shall have allowed their time or their
extended time to expire without making an award, or shall have deliver
ed to any party, or to the umpire, a notice in writing stating that they
cannot agree.



15. When any award made on such submission , document , or order Rule to
deliver posses
of reference as aforesaid , directs that possession of any lands or tenements sion of land
pursuant to
capable of being the subject of an action of ejectment shall be delivered award, to be
enforced as a
to any party, either forthwith or at any future time, or that any such party judgment in
ejectment.
is entitled to the possession of any such lands or tenements , it shall be
lawful for the Court to order any party to the reference who shall be in
possession of any such lands or tenements, or any person in possession of
the same claiming under or put in possession by him since the making of
the document authorizing the reference , to deliver possession of the same
to the party entitled thereto, pursuant to the award , and such rule or
order to deliver possession shall have the effect of a judgment in ejectment
against every such party or person named in it, and execution may issue,

and possession shall be delivered by the sheriff as on a judgment in
ejectment.


16. Every agreement or submission to arbitration by consent, Agreement or
submission in
whether by deed or instrument in writing not under seal, may be made writing may
be made rule
a rule of Court , on the application of any party thereto , unless such of Court, un
less a contrary
agreement or submission contain words purporting that the parties intend intention
appear.
that it should not be made a rule of Court.