0. LXI, rr. 4-8. 767 Appearance to summons. 4. The parties served with an originating summons shall, except as hereinafter provided, before they are heard, appear thereto as to an action commenced by a writ of summons. A originating party so served may appear at any time before the hearing of the summons. If he appears at any time after the time limited by the summons for appearance he shall not, unless the Court or a Judge shall otherwise order, be entitled to any further time for any purpose, than if he had appeared according to the summons. O. 54, r. 4, (E), um. 768 under origin mons. 5. The day and hour for attendance under an originating Attendance summons to which an appearance is required to be entered ating sumshall after appearance be fixed by notice. Such notice shall be in Form No. 4, Appendix K. The notice shall be served on the defendant or respondent by delivering a copy thereof to the solicitor of the defendant or where the defendant or respondent appears in person at the address for service named in the memorandum of appearance of such defendant or respondent, and shall be served not less than six clear days before the return day. The day and hour and place for the hearing of an ex parte summons shall be fixed by the Judge before whom the matter is to be heard. O. 54, r. 4d., (E), am. 6. Every summons, not being an originating summons to which an appearance is required to be entered, shall be served six clear days before the return thereof, unless in any case it shall be otherwise ordered. Provided that in case of summonses for time only, the summons may be served two clear days previous to the return thereof. O. 54, r. 4e., (E). ap 770 Proceeding ex to attend. 7. Where any of the parties to a summons fail to attend, parte where whether upon the return of the summons, or at any time any party fails pointed for the consideration or further consideration of the matter, the Judge may proceed ex parte, if, considering the nature of the case, he think it expedient so to do; no affidavit of non-attendance shall be required or allowed, but the Judge may require such evidence of service as he may think just. O. 54, r. 5, (E). 771 tion of ex parte 8. Where the Judge has proceeded ex parte, such proceed- Reconsideraing shall not in any manner be reconsidered in the Judge's proceedings. Chambers, unless the Judge shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence; D. LXI, rr. 9-14. 772 Costs where non-attendance of any party. 773 Further attendance where sum disposed of. and in such case the costs occasioned by his non-attendance shall be in the discretion of the Judge, who may fix the same at the time, and direct them to be paid by the party or his solicitor before he shall be permitted to have such proceeding reconsidered, or make such other order as to such costs as he may think just. O. 54, r. 6, (E). 9. Where a proceeding in Chambers fails by reason of the non-attendance of any party, and the Judge does not think it expedient to proceed ex parte, the Judge may order such an amount of costs (if any) as he shall think reasonable to be paid to the party attending by the absent party. O. 54, r. 7, (E), am. 10. Where matters in respect of which summonses have mons not fully been issued are not disposed of upon the return of the summons, the parties shall attend from time to time, without further summons, at such time or times as may be appointed for the cor deration or further consideration of the matter. O. 54, r. 8, (E), 774 What matter to be included in summons. 11. In every cause or matter where any party thereto makes any application at Chambers, either by way of summons or otherwise, he shall be at liberty to include in one and the same application, all matters upon which he then desires the order or directions of the Court or Judge; and upon the hearing of such application it shall be lawful for the Court or Judge to make any order and give any directions relative to or conseAdjournment quential on the matter of such application as may be just; any such application may, if the Judge thinks fit, be adjourned from Chambers into Court, or from Court into Chambers. O. 54, r. 9, (E). into Court or into Chambers. 775 Form of Judge's summons. 776 Judge may require distinct solicitor 12. A summons other than an originating summons shall be in the Form No. 1 in Appendix K., with such variations as circumstances may require. O. 54, r. 10, (E), am. 13. Whenever in any proceeding in Chambers the same solicitor is employed for two or more parties, the Judge may to represent require that any of said parties shall be represented by a distinct solicitor, and adjourn such proceedings until such party is so represented. O. 55, r. 41, (E). parties. 777 Assistance of experts. 14. The Judge in Chambers may in such way as he thinks fit, obtain the assistance of accountants, merchants, engineers, actuaries, and other scientific persons the better to enable any matter at once to be determined, and he may act upon the certificate of any such person. O. 55, r. 19, (E). 0. LXI, rr. 15-19. 778 Chambers. 15. An appeal from the decision of a Judge at Chambers Appeal from shall be to the Court of Appeal. See O. 54, r. 23, (E). 779 by motion days. 16. Every appeal from any decision at Chambers shall be Appeal to be by motion, and shall be made within twenty days after the within twenty decision appealed against, or, if no Court to which such appeal can be made shall sit within such twenty days, then on the first day on which any such Court may be sitting after the expiration of such twenty days. O. 54, r. 24, (E), am. 780 17. An order shall be in the Form No. 6, in Appendix K., Form of order. with such variations as circumstances require. O. 54, r. 29, (E), am. 781 be adjourned Chambers and 18. The Court may adjourn for consideration in Chambers Matters may any motion or matter brought before it which should have from Court to been brought on in Chambers or which, though properly vice versa. brought on in Court, may, in the opinion of the Court, be disposed of more conveniently in Chambers; and any motion or matter brought on in Chambers may similarly be adjourned into Court from Chambers by the Judge before whom the same is brought on; and any such adjournment shall be subject to such order as to costs or otherwise as may seem just. R. 367, (O). 782 Chambers powers of 19. A Judge sitting in Chambers may exercise the same Judge in power and jurisdiction in respect to all business as is exercised may exercise by the Court; all orders made by a Judge in Chambers shall Court. have the force and effect of orders of the Court. R. 368, (0), ат. ORDER LXII. 0. LXII. CONSOLIDATION OF ACTIONS. 783 of causes or Causes or matters may be consolidated by order of the Consolidation Court or a Judge in the manner in use in Superior Courts at matters. common law. O. 49, r. 8, (E), am. [Cf. R. 435, (O)]. O. LXIII, rr. 1-3. 784 Leave to compound penal actions. [Cf. R. 436, (O)]. 785 Order for compounding. [R. 437, (O)]. 786 Crown's proportion of composition. ORDER LXIII. COMPOUNDING PENAL ACTIONS. 1. Leave to compound a penal action shall not be given in cases where part of the penalty goes to the Crown, unless notice shall first have been given to the proper officer. 0.50, r. 13, (E), am. 2. The order to compound a penal action shall expressly state that the defendant undertakes to pay the sum for which the Court has given him leave to compound the action. O. 50, r. 14, (E), am. 3. Where leave is given to compound a penal action, the [Cf. R. 438, (O)). proportion of the Crown in the composition shall, unless otherwise ordered, be paid to the Receiver-General for the use of His Majesty. O. 50, r. 15, (E), um. O. LXIV, rr. 1. 2. 787 be irrevocable and to have effect as an ORDER LXIV. ARBITRATION AND REFERENCES Submission to 1. A submission, unless a contrary intention is expressed therein, shall be irrevocable, except by leave of the Court or order of Court. a Judge, and shall have the same effect in all respects as if it had been made an order of Court. 52 & 53 Vict. c. 49, s. 1, (Imp.). 788 Provisions implied in submission. 2. A submission, unless a contrary intention is expressed therein, shall be deemed to include the following provisions, so far as they are applicable to the reference under the submission: : (a) If no other mode of reference is provided, the reference 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; (c) 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, (d) If the arbitrators have allowed their time or extended (e) The umpire shall make his award within one month (g) The witnesses on the reference shall, if the arbitra- (h) The award to be made by the arbitrators or umpire 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 O. LXIV, r. 2-Con. |