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29. An order made under this Act may be made on Order for such terms as to costs, or otherwise, as the authority making the order thinks just. R.S.S. 1909, c. 70, s. 16.

costs

exhibits

30. An arbitrator or an umpire, where no special Copies as reason appears to him to exist for filing an original book, paper or document as an exhibit, as herein before provided, may allow a copy thereof or of such portion thereof as he may deem material to be substituted as an exhibit in the place of the original book, paper or docuNew.

ment.

on appeal

31. Upon an appeal from or motion to set aside an Production award any party may by notice require any other party to produce, and the party so required shall produce upon the hearing of the appeal or motion any original book, paper or document in his possession which has been used as an exhibit or given in evidence upon the reference, and which has not been filed with the depositions. New.

to set aside

32.-(1) Unless by leave of the court or a judge, an Application application to set aside an award, otherwise than by way of appeal, shall not be made after six weeks from the publication of the award.

(2) Such leave may be granted before or after the expiration of the six weeks.

(3) In the computation of time for appealing against, or applying to set aside an award, the vacations shall not be reckoned.

(4) When an award is set aside the court or a judge setting aside the same may give directions as to the costs of the reference and award.

New.

court

33. Rules of court may be made for better carrying Rules of out the purposes of this Act and regulating the practice thereunder. New.

VALUATORS.

34. (1) The court or a judge shall have power to Appointment appoint a valuator, valuer or appraiser, where it is provided by a written agreement that a valuation or appraisement shall be made by a valuator, valuer or appraiser.

(2) The power may be exercised in the like cases and the proceedings shall be the same as provided by section 8. New.

REPEAL.

35. The following enactment is hereby repealed:

The Revised Statutes of Saskatchewan 1909, c. 70.

36. This Act shall come into force on the first day of May, 1920.

SCHEDULE A.

(Section 6)

Provisions to be implied in submissions:

1. If no other mode of reference is provided, the reference shall be to a single arbitrator.

2. If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.

3. If any arbitrator or umpire or third arbitrator refuses to act, or is incapable of acting or dies the party or parties, or the arbitrators by whom he was appointed, may appoint an arbitrator, umpire or third arbitrator, as the case may be, in his stead, and this power may be exercised from time to time as vacancies occur.

4. The submission shall not be revoked by the death of the parties or either of them.

5. The award shall be delivered to any of the parties requiring the same; and the personal representatives of any party deceased may require delivery of the award.

6. The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

7. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire, a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

8. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

9. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the

arbitrators or umpire, on oath in relation to the matters in dispute, and shall subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings, documents and things in their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require.

10. The witnesses on the reference shall be examined on oath.

11. The award to be made by the arbitrators or by a majority of them or by the umpire shall be final and binding on all the parties and the persons claiming under them respectively.

12. The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may award costs to be paid as between solicitor and client.

SCHEDULE B.

(Section 18)

Fees chargeable by nonprofessional arbitrators:

For every meeting where the reference is not proceeded with, but a postponement is made at the request of any party, not less than..

$2.00

Nor more than.

4.00

For every day's sittings, to consist of not less than

six hours, not less than.

6.00

Nor more than....

12.00

Where a day's sittings consists of more than six hours:

For each additional hour, not less than
Nor more than...

For every sittings not extending to six hours (fractional parts of hours being excluded) where the reference is actually proceeded with, for each hour occupied:

Not less than..

Nor more than.

1.00

2.00

1.00 2.00

SCHEDULE C.

(Section 19)

Fees chargeable by professional arbitrators:

For every meeting where the reference is not proceeded with, but a postponement is made at the request of any party:

Not less than..

$4.00

Nor more than.

8.00

For every day's sittings, to consist of not less than

[blocks in formation]

For each additional hour, not less than....
Nor more than...

For every sittings not extending to six hours (frac-
tional parts of hours being excluded) where the
reference is actually proceeded with, for each
hour occupied:

Not less than..

Nor more than.

2.50

5.00

2.50

5.00

HIS

CHAPTER 21

An Act to amend The Companies Act.

[Assented to February 4, 1920.]

IS Majesty, by and with the advice and consent of the
Legislative Assembly of Saskatchewan, enacts as

follows:

1. The Companies Act, being chapter 14 of the statutes The Act of 1915, is amended in the manner hereinafter set forth. amended

2. The first subsection of section 6 is amended by Section 6 (1) adding thereto the following clause:

"(f) that the company does or does not intend to
invite the public to subscribe for its shares or
debentures."

amended

3.-(1) Subsection (2) of section 22, as enacted by Section 22 section 42 of chapter 34 of the statutes of 1917, is amended amended by striking out the words "members and" in the fourth

line.

(2) The said section 22 is further amended by adding thereto the following subsection:

"(3) Regulations made by the Lieutenant Governor in Council under the preceding subsection shall apply to all companies falling within the terms of the first subsection of this section, whether incorporated under this or any former Act of Saskatchewan, or under an ordinance of the North West Territories."

4. Subsection (2) of section 34, as enacted by section 5 Section 34 (2) of chapter 23 of the statutes of 1917 (second session), is amended amended by adding thereto the following:

"The company may also be struck off the register by the registrar in accordance with the provisions of section 30a."

5. The following section is inserted immediately after New section section 92:

92a

"92a. A company which is restrained from in- Private viting the public to subscribe for its shares or debentures companies may, subject to the provisions of the following subsection, become entitled so to do by:

"(a) passing a special resolution to that effect;

"(b) filing with the registrar a certified copy of such resolution;

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