applicant was at the time when the proceedings were 6. In any of the following cases: of arbitrator (a) Where a submission provides that a reference shall be Appointment (b) If an arbitrator refuses to act or is incapable of acting (c) Where the parties or two arbitrators are at liberty to (d) Where an appointed umpire or arbitrator refuses to any party may serve the other parties or the arbitrators as the cases of arbitrators 7. Where a submission provides that the reference shall be Appointment to two arbitrators one to be appointed by each party then where two unless the submission expresses a contrary intention 1. If either of the appointed arbitrators refuses to act or is incapable of acting or dies the party who appointed him may appoint a new arbitrator in his place; 2. If on such a reference one party fails to appoint an arbi trator either originally or by way of substitution as aforesaid for seven clear days after the other party having appointed his arbitrator has served the party making default with notice to make the appointment the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference and his award shall be binding on both parties as if he had been appointed by consent; Provided that the Court or a judge may set aside any appointment made in pursuance of this section. C.O., c. 35, 8. 7. required Powers of arbitrator Summoning of witnesses Enlargement of time for award Reconsideration by arbitrator Misconduct of arbitrator Setting aside award Enforcement of award Attendance of witness before referec or arbitrator 8. The arbitrators or umpire acting under a submission shall unless the submission expresses a contrary intention have power: 1. To administer oaths to or take the affirmations of the parties and witnesses appearing; and 2. To state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and 3. To correct in an award any clerical mistake or error arising from any accidental slip or omission. C.O., c. 35, s. 8. 9. For the purpose of procuring the attendance of a witness at an arbitration any party to a submission may sue out a writ of subpoena ad testificandum or a writ of subpoena duces tecum but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action. (2) Such writs may be obtained from any clerk of the Court or deputy clerk of the Court on payment of the fees prescribed in The Judicature Ordinance. C.O., c. 35, s. 9. 10. The time for making an award may from time to time be enlarged by order of the Court or a judge whether the time for making an award has expired or not. C.O., c. 35, s. 10. 11. In all cases of reference to arbitration the Court or a judge may from time to time remit the matters referred or any of them to the reconsideration of the arbitrators or umpire. (2) Where an award is remitted the arbitrators or umpire shall unless the order otherwise directs make their award within six weeks after the date of the order. C.O., c. 35, s. 11. 12. Where an arbitrator or umpire has misconducted himself the Court or a judge may remove him. (2) Where an arbitrator or umpire has misconducted himself or an arbitration or award has been improperly procured the Court may set the award aside. C.O., c. 35, s. 12. 13. An award on a submission may by leave of the Court or a judge be enforced in the same manner as a judgment or order to the same effect. C.O., c. 35, s. 13. GENERAL. 14. The Court or a judge may order that a writ of subpœna ad testificandum or of subpoena duces tecum shall issue to compel the attendance before an official or special referee or before any arbitrator or umpire of a witness wherever he may be within the Territories. (2) The Court or a judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee or before any arbitrator or umpire. C.O., c. 35, s. 14. for opinion of Court 15. Any referee, arbitrator or umpire may, at any stage of Special case the proceedings under a reference, and shall if so directed by the Court or a judge state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference. C.O., c. 35, s. 15. 16. Any order made under this Ordinance may be made on such terms as to costs or otherwise as the authority making the order thinks just. C.O., c. 35, s. 16. Costs arbitration to submission 17. Whenever it is directed by any Ordinance that any Directions for party or parties shall proceed to the appointment of arbitrators be deemed or appoint arbitrators as provided by this Ordinance or that any party or parties shall proceed to arbitration under this. Ordinance or any similar direction shall be made with respect to arbitration under this Ordinance such direction shall be deemed a submission. C.O., c. 35, s. 17. SCHEDULE. (a) If no other mode of reference is provided the reference arbitrator shall be to a single arbitrator. (b) 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. Umpire manner of (c) The arbitrators shall make their award in writing with- Time and in six weeks after entering on the reference or after having award 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. not agreeing, (d) If the arbitrators have allowed their time or extended Arbitrators time to expire without making an award or have delivered to umpire to act 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. umpire's award (e) The umpire shall make his award within one month Time for 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. of parties (f) The parties to the reference and all persons claiming Examination through them respectively shall subject to any legal objection submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute and shall sub Production of papers Oath or affirmation Finality of award Costs of reference ject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within 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. (g) The witnesses on the reference shall if the arbitrators or umpire think fit be examined on oath or affirmation. (h) The award to be made by the umpire or arbitrators shall be final and binding on the parties and the persons claiming under them respectively. (i) 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 the costs or any part thereof shall be paid and may tax or settle the amounts of costs to be so paid or any part thereof. CHAPTER 36. An Ordinance respecting the Investigation of Accidents by Fire. THE HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: Magistrate cause of fires 1. Any justice of the peace may subject to the provisions empowered to hereinafter contained institute an inquiry into the cause or inquire into origin of any fire and whether it was kindled by design or was the result of negligence or accident and act according to the result of such inquiry. C.O., c. 36, s. 1. be held except suspicion 2. No justice of the peace shall institute an inquiry into the No inquiry to cause or origin of any such fire until a sworn statement in on reasonable writing has been made before him that there is reasonable suspicion that such fire was the result of culpable or negligent conduct or design or occurred under such circumstances as in the interests of justice and for the due protection of property require an investigation nor until such statement having been received by him he has reported the same to the Attorney General and received from the Attorney General authority to make such inquiry. C.O., c. 36, s. 2. of witnesses 3. For the purpose of any inquiry under this Ordinance Examination such justice of the peace shall summon and bring before him all persons whom he deems capable of giving information or evidence touching or concerning such fire and shall examine such persons on oath and shall reduce their examinations to writing and return the same to the Attorney General. C.O., c. 36, s. 3. not attending as witness 4. If any person having been duly summoned as a witness Penalty for to give evidence upon any such inquiry does not after being openly called three times appear and give evidence at such inquiry the justice of the peace shall be empowered to impose upon the person so making default such fine as he thinks fit not exceeding $10; and such justice of the peace shall make out and sign a certificate containing the name, residence, trade or calling of such person together with the amount of the fine imposed and the cause of such fine and shall cause a copy of such certificate to be served on the person so fined personally or by leaving it at his residence within seven days after holding such inquiry and if the same is not paid within the space of seven days after such certificate has been served as aforesaid a warrant of distress shall be issued by the justice of the peace to |