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referee in rotation [or "Mr. X. Y. of K., as special referee"], to take the following accounts [here specify the accounts], and that in taking the said accounts no settled account may be disturbed. And that what, upon taking the said accounts, may be reported to be due from either of the said parties to the other of them, may be ordered to be paid by the party from whom to the party to whom the same shall be reported to be due, within one calendar month after the date of the report of such referee.

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To the plaintiff [or "the defendant," or "Mr. A. B., solicitor for the plaintiff," or "defendant," or "petitioner," or "respondent."]

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Order of reference

under s. 13 of

the Arbitration Act, 1889.

As to a nuisance.

[Commence as in Form XIV.]

It is ordered, pursuant to the Arbitration Act, 1889, s. 13, that it be referred to Mr. X. Y. of [ ], as special referee, to survey and inspect the premises of the plaintiff and of the defendant respectively, and the premises adjoining thereto respectively, and to report whether or not the plaintiff's premises are affected by noise arising or coming from the defendant's stables as ordinarily used by the defendant, and if so, then in what manner, and to what extent, and how the same is caused and arises: and also to report, whether the plaintiff's premises are or are likely to be injuriously affected by the drainage coming from the defendant's stables, as at present used, and if so, to what extent, and in what manner the same is caused or arises. Dated the [ ] day of [ ], A. D. [ ].

(c) This form is taken from the form given by the Rules of the

Supreme Court of December, 1889,
Appendix K., No. 32.

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It is ordered that the cause (or matter or the [state whether all or the Arbitration some, and, if so, which of the questions are to be tried] in this cause or Act, 1889. matter) be tried by [ ], who shall have all the powers as to certifying and amending of a judge of the High Court of Justice, and shall make his report of and concerning the matters ordered to be tried as aforesaid, pursuant to the Statute [or direct judgment to be entered and otherwise deal with the whole action pursuant to Order XXXVI., r. 50].

And it is further ordered, that the said [ ] may, if he think fit, examine the parties to this action, and their respective witnesses, upon oath or affirmation, and that the said parties shall produce before the said [ ] all books, deeds, papers, and writings in their or either of their custody or power relating to the matters so ordered to be tried. And it is further ordered, that neither the plaintiff nor the defendant shall bring or prosecute any action against the said [ Jor against each other, of or concerning the matters so ordered to be tried, and that if either party, by affected delay or otherwise, wilfully prevent the said [ ] from making his report, he or they shall pay such costs to the other as the Court, or a Judge, may think reasonable and just.

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And it is further ordered, that in the event of the said [ declining to act, or dying before he has made his report, the said parties may, or if they cannot agree, one of the Judges of the High Court may, upon application by either party, appoint a new [ And it is ordered that the costs of this application be [ Dated the [

] day of [

], 189 (d).

].

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XVII.

Upon hearing the solicitors on both sides, and upon reading the Order of affidavit of [

] filed herein.

It is ordered that the whole of this cause be tried by an official referee who shall have all the powers of certifying and amending of a

(d) This form is taken from Appendix K., R. S. C., December, 1889, No. 33.

(e) This is the latest form prescribed under Ord. LXI., r. 33, by the practice masters. Appendix K., No. 33 (a).

reference under s. 14 of

the Arbitration Act, 1889. Later form (e).

judge of the High Court of Justice, and shall direct judgment to be
entered, and otherwise deal with the whole action pursuant to Order
XXXVI., r. 50.
Dated the [

] day of [

], 18.

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reference at

18

Nisi Prius on

the usual

terms.

Power to

direct judgment.

Power to enlarge the time.

To certify.

To receive evidence.

Costs of action abide event.

At a sitting held at [the Guildhall] on the [

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C. D.,

Defendant.

] day of [

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before Sir L. M., Knight, one of the justices of Her Majesty's High Court of Justice;

It is ordered by the court, by and with the consent of the parties, their counsel and solicitors, that the jury find a verdict for the plaintiff for the amount claimed, subject to the award or certificate, order, arbitrament, final end, and determination of X. Y., Esq., barrister-atlaw, of the Inner Temple, who is hereby empowered to direct that judgment shall be entered for the plaintiff or for the defendant, or a nonsuit entered, as he shall think proper, and to whom this action "is" [if the reference is of all disputes, add, instead of "is" "and all matters in difference between the said parties are"] hereby referred, so as the said arbitrator do make and publish his award or certificate in writing of and concerning the matters hereby referred, ready to be delivered to the said parties, or to either of them, or if they or either of them shall be dead before the making of the said award or certificate, to their respective personal representatives, requiring the same, on or before the [ ] day of [ ], sitting next ensuing the date of this order, with liberty to the said arbitrator, under his hand in writing, to enlarge the time for making his said award or certificate.

It is also ordered, that the said arbitrator shall have all the power as to certifying and otherwise of a judge of the High Court of Justice. It is also ordered, by the like consent, that the said arbitrator shall have authority to hear, receive, and examine evidence touching the matters hereby referred, and that the said parties shall produce before the said arbitrator all such books, deeds, papers, and writings, in their or either of their custody or power, relating to the matters in difference, as the said arbitrator shall think fit to require.

It is likewise ordered, by and with the like consent, that the costs of the action shall abide the event and determination of the said award, Costs of refer- and that the costs of the reference and award or certificate shall be in the discretion of the said arbitrator.

ence and

award in discretion.

It is likewise ordered, by and with the like consent, that the said General findarbitrator may find generally for the plaintiff or for the defendant, ing sufficient. and need not find on any specific issues, unless required to do so: the costs of any such specific issues (if found) to abide the event.

It is likewise ordered, by and with the like consent, that the said Parties to obey award. parties do and shall on their respective parts in all things stand to, abide by, obey, perform, fulfil and keep the award or certificate, order, arbitrament, final rule, and determination of the said arbitrator so to be made and published; and that neither of the said parties do or shall Not to sue. proceed in or prosecute any action or suit against the said arbitrator,

or against each other respectively, for any matter relating to the arbitration or the award or certificate to be made in pursuance of this order.

parte.

It is further ordered, by and with the like consent, that if either of Power to proceed ex the said parties shall by affected delay or otherwise wilfully prevent the said arbitrator from making his award or certificate, or shall not attend after reasonable notice, and without such excuse as the said arbitrator shall be satisfied with, and adjudge to be reasonable, then the said arbitrator may proceed ex parte, and the parties occasioning Party prethe delay shall pay to the other such costs as the court shall think venting award to pay costs. reasonable and just. And it is ordered, by and with the like consent, that in the event of Court may any other application to the court on the subject of this order, the reference, or the award or certificate, the court may (if it shall think fit) at any time, and from time to time, refer back to the said arbitrator the whole or any part of the matter of this order, upon such terms as the court shall think proper.

refer back.

It is also ordered, that in the event of the said arbitrator declining Power to to act, or dying before he shall have made his award or certificate, the appoint new arbitrator. said parties may, or if they cannot agree, the court may, on application by either side, appoint a new arbitrator.

By the Court.

O. P.,
Associate.

XIX.

When the cause and all matters in difference are referred the follow- Reference of ing clause may be added:

And it is ordered by and with the like consent, that either party shall give four days notice in writing of any matter beyond the cause intended to be set up, and that unless restrained by any order of the court or a judge, the party or parties in whose favour the award shall be made shall be at liberty seven days after service of a copy of the award on the solicitor or agent of the other party to sign final judgment in accordance with the award, and for all costs that he or they may be entitled to under this order and under the award, together with the costs of the said judgment.

cause and all matters.

XX.

[Commence as in the preceding forms.]

It is ordered by the court, by and with the consent of the parties, their counsel and solicitors, that the last juryman sworn and imD. panneled in this cause be withdrawn out of the panel, and that this cause and all matters in difference be referred, &c.

Order of reference, a juror with

B.

v.

drawn.

Order of reference to state a special

case.

Death no revocation.

Power to enlarge time.

Power to examine on oath.

B.

v.

D.

}

XXI.

[Commence as in the preceding forms.]

It is ordered by the court, by and with the consent of the parties, their counsel and solicitors, that the jury find a verdict for the plaintiff, damages £4 48., and costs forty shillings; subject to the statement of the facts in a special case by X. Y., Esq., barrister-at-law, for the opinion of the Queen's Bench Division of the High Court of Justice; so as the said X. Y. do publish the special case ready to be delivered to the said parties, or either of them; or if they, or either of them, shall be dead before the making of the said special case, to their respective personal representatives, requiring the same; on or before the fourth day of Hilary sitting next; with liberty for the said X. Y., under his hand in writing at the foot hereof, to enlarge the time for making the said special case.

And it is also ordered, by the like consent, that the said X. Y. shall be at liberty, if he shall think fit, to examine the witnesses to the facts in this suit upon oath; and for that purpose the said witnesses to be examined before the said X. Y. touching the matters to be stated shall be sworn before the said X. Y.; and that the said parties shall profor documents. duce before the said arbitrator all such books, deeds, papers, and writings in their or either of their custody or power relating to the matters in difference as the said X. Y. shall think fit to require.

Power to call

Costs of special jury.

Costs for preventing special case.

Power to proceed ex parte.

It is likewise ordered, by and with the like consent, that the costs of the special jury shall abide the event.

It is further ordered by the like consent, that if either of the said parties shall, by affected delay or otherwise, wilfully prevent the said X. Y. from drawing up the said special case, or shall not attend after reasonable notice, and without such excuse as the said X. Y. shall be satisfied with, and adjudge to be reasonable, then the said X. Y. may proceed ex parte, and the party occasioning the delay shall pay to the other such costs as the said court shall think reasonable and just. T. D.,

By the Court.

Clerk at the sittings of Nisi Prius.

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