PART I. Transfer. Rule 47B. "The Lord Chancellor and the Lord Chief CH. III. S. 6. Justice of England, or either of them, shall have power to order the transfer of any causes or matters from any one or more of the official referees to any other or others of them whenever in his opinion it shall be expedient so to do, having regard to the state of the business pending before the referees.” Which official case. It is provided, as to references by consent out of court, by referee to try the Arbitration Act, 1889, s. 3, "Where a submission provides that the reference shall be to an official referee, any official referee to whom application is made shall, subject to any order of the court or a judge as to transfer or otherwise, hear and determine the matters agreed to be referred." Directions of Lord Chancellor. Fees of official Outside. When payable. How. The Lord Chancellor directed (February 4, 1889) that all references of causes, other than those involving questions of costs or questions of retainer, and all references to assess damages, except those under writ of inquiry, should in future be made to the official referees, and that the examination of judgment debtors and witnesses under Order XLII. r. 32, should be ordered to be taken before an official referee. The Orders of 1884, and December 1887, as to Supreme Court fees on proceedings before an official referee, provide that in proceedings before an official referee in London or Middlesex the fee on every reference shall be, for every hour or part of an hour the referee is occupied, including examination of witnesses (if any), 10s. As to references not in London or Middlesex: On every reference the fee is £5; and for every hour or part of an hour the official receiver is occupied beyond two full days, 10s.; with a further fee for every night that he be absent from London of £1 11s. 6d. ; and for his clerk, 158. The fees become due and payable by the party conducting the proceedings on the report of the result of the reference, or, when no such report is made, and no certificate or order, on the completion of the proceedings. If the proceedings are not completed, a due proportion shall be payable on so much of the proceedings as shall have taken place, the amount to be fixed by the officer. The fees are to be paid by stamps impressed upon or affixed to a memorandum, stating on what account such fees are paid. A deposit of stamps on account may be required before the proceeding is commenced (e). PART I. CH. III. S. 6. SECTION VII. OF JUDICIAL AND STATUTABLE SUBMISSIONS NOT MADE IN A PART I. CH. III. S. 7. 1. Submission by order of equity.]-In like manner as an action in the courts of law, so a suit in equity, and all matters in difference, might have been referred by order of a court of Submission by equity, and obedience to it was enforced by the usual process equity. of the court for compelling obedience to its orders (ƒ). They would sometimes be so referred though one of the parties were beyond the jurisdiction of the Court (g). order of out A stay of On proceedings in equity. In equity, the submission of a suit, even when made of court, prevented a party afterwards proceeding in it. the trial of an action in the Queen's Bench the cause and suits in equity were referred. Notwithstanding the reference, the plaintiff in one of the equity suits served a subpoena to hear judgment, and set down the cause in the registrar's book for hearing; but the court of equity, on motion, set aside the subpoena with costs, and struck out the cause from the list (h). If after a suit had been instituted, it was agreed between the parties that the suit be dismissed on certain terms, some of which were to be settled by arbitration, though it seems this agreement could not have been pleaded to the further maintenance of the suit, in the nature of a plea puis darrein continuance, yet the whole benefit of it might have been obtained on a motion to stay the proceedings in the cause (i). When the Court of Chancery directed an issue to be tried Submission at (e) See Appendix of Statutes. (f) Haggett v. Welsh, 1 Sim. 134; Prior v. Hembrow, 8 M. & W. 873; Dowse v. Coxe, 3 Bing. 20. (g) Duxberry v. Isherwood, 12 N. R. 821. (h) Ambler v. Tebbutt, 2 Beav. 442. (i) Rowe v. Wood, 1 J. & W. 315, S. C. 2 Bligh, P. C. 595; Daniell's Chanc. Pract. by Headlam, 637. Nisi Prius of PART I. issue from Chancery. before a jury, as the judge at Nisi Prius had no authority to CH. III. S. 7. refer it, if on the trial of the issue the parties agreed to submit to arbitration, it seemed like a reference out of court. The effect of such submission was to abandon not merely the direction to try the issue, but the whole proceedings in the suit; and the jurisdiction of the Court of Chancery was at an end just as much as if there had been a consent to dismiss the bill and stay further proceedings (k). Bill of discovery in aid tion. A court of equity would not entertain a bill for a discovery of the arbitra- in order to assist parties who had sought their relief by voluntary submission to arbitration. The reason assigned by Lord Eldon, C., was, that it was beneath the dignity of the Court of Chancery to be ancillary to the domestic forum of an arbitrator (1). That reason, however, was held not to operate, when the reference was compulsory under the provisions of the Common Law Procedure Act, 1854. On such a reference a bill of discovery in aid of the proceedings of the arbitrator was held to lie (m). Commission to take evidence. Submission by recognizance, by rule of court. not alterable The same reasoning applies to an arbitration under the 162nd section of 25 & 26 Vict. c. 89, which provides for arbitration as the only tribunal for ascertaining the value of a dissentient member's share on a winding up of a company. On such a reference the court will assist and grant a commission to obtain evidence in India (»). II. Submission by record.]-Proceedings on the revenue side of the Court of Exchequer might sometimes give rise to a submission by matter of record. Where a person's goods were seized under an extent, a reference of all matters in difference between him and the prosecutor of the extent might have been effected by a recognisance conditioned to abide the award of an arbitrator. Such a recognisance, when returned and filed as of record, could not be altered by a rule of court, which was not matter of record. And when a rule of court was drawn up by consent, changing the arbitrator, the award of the substituted arbitrator could not be enforced by a (k) Woodley v. Johnson, 1 Molloy, 394. (1) Street v. Rigby, 6 Ves. 815; Wellington v. Mackintosh, 2 Atk. 569; Brown v. Brown, 1 Vern. 157, and the cases cited in the note thereto. (m) British Empire Shipping Co. . Somes, 26 L. J. Ch. 759, S. C. 3 K. & J. 433. (n) In re Mysore West Gold Mining Co., 37 W. R. 794. scire facias on the recognisance, though possibly an attachment would issue on the rule of court embodying the terms of the original recognisance (o). PART I. CH. III. S. 7. county court. III. Submission by order of a county court.]-An order of a Submission by judge of a county court may, by consent of parties, be obtained order of a to refer an action before him with or without other matters within the jurisdiction of the court. The submission is not revocable without leave of the judge, and the award is to be entered as the judgment in the action (p). quarter IV. Submission by order of Quarter Sessions.]-By the statute Submission by 12 & 13 Vict. c. 45, s. 13, a Court of General or Quarter order of Sessions may order with consent of parties matters of appeal sessions. (with few exceptions) before it to be referred to arbitration, in such manner and on such terms as it shall think proper, and the award may be entered as the judgment of the court (g). The order of reference may be made a rule of the Court of Queen's Bench. The order of reference may give the arbitrator power over costs, and possibly the Court of Quarter Sessions may in the order reserve to itself power over the costs of the appeal; but if the order of reference is silent as to costs, no subsequent Court of Quarter Sessions can order them to be paid, even though the appeal have been respited from sessions to sessions. In entering the award as the judgment of the Quarter Sessions, the court is performing only a ministerial act, and cannot vary the terms of the award (r). out of An appeal to the Quarter Sessions against a rate was Taxing costs referred by consent under the statute 12 & 13 Vict. c. 45, sessions. s. 13. By the order of reference the costs of the appeal and reference were to be in the discretion of the arbitrators. The arbitrators awarded in favour of the respondents. The award was thereupon entered under the provisions of that section (0) R. v. Bingham, 3 Y. & J. 101. See also Carter v. Carter, 1 Vern. 259; Anon. Dyer, 242, a. (p) 51 & 52 Vict. c. 43, s. 104; County Court Rules, 1889, Order XX. See the Appendix of Statutes. (7) See ante, ch. 1, s. 1, d. 4, R. p. 9. See the Appendix of Sta- (r) R. v. West Riding Justices, H as the judgment of the Quarter Sessions, and the costs having been taxed after the sessions, an order of sessions was subsequently drawn up confirming the rate, and ordering the appellants to pay the taxed costs. The appellants objected that the order was made without jurisdiction, because the costs had not been taxed during the sessions. It was held that it was implied in the terms of the reference that the costs should be taxed out of sessions, and that the order was therefore valid (8). On appeals under the Highway Act, 1864 (t), and under the Land Drainage Act, 1861 (u), the Court of Quarter Sessions, if it appears that the matters in question consist wholly or in part of matters of account, and cannot satisfactorily be tried by the court, may order the matters wholly or in part to be referred to arbitration, the award to be enforceable by the same process as an order of court; and the provisions of the Common Law Procedure Act, 1854, as to compulsory references, are made applicable to such arbitrations. The Arbitration Act, 1889, will apparently apply to these references. See s. 24. v. Submissions under the Lands and Railways Clauses Consolidation Acts.]-When the promoters of an undertaking sanctioned by act of parliament have given notice of their intention to take lands authorised by their special act to be taken for the purposes of the undertaking [s. 18], and a party interested in the lands claims more than fifty pounds compensation [s. 22], and desires to have the amount of such compensation settled by arbitration, the Lands Clauses Consolidation Act, 1845 (x), enacts that (unless the special act provides otherwise) [s. 1], "if the party signify such desire by notice in writing to the promoters of the undertaking before they have issued their warrant to the sheriff to summon a jury in respect of such lands under the provisions" contained in the general act, “stating in such notice the nature of the interest in respect of which such party (8) Southampton Gas, &c. Co. v. Southampton Union, 2 Q. B. D. 371. (t) 27 & 28 Vict. c. 101, ss. 40, |