THE QUESTION for the opinion of the Court is whether the said A. B. would have been legally entitled to erect the proposed buildings in accordance with the plans passed by the Urban District Council, notwithstanding that such buildings, if erected in accordance with such plans, would have contravened the by-laws of the said Council.

If the Court should answer the question in the affirmative, then I award and determine that there is due from the said company to the said A. B. £as and for the purchase money and compensation for the interest of the said A. B. in the said land and buildings so intended to be taken as aforesaid.

If the Court should answer the question in the negative, then I award and determine that there is due from the said company to the said A. B. £- as and for such purchase money and compensation as aforesaid. (a) [Costs. In this case under the Lands Clauses Consolidation Act, 1845, the umpire has no power over costs. In the ordinary case in which he has power over costs he should award as to costs according as the Court answers his questions.]

In the matter of an arbitration between A. B. and C. D.

And in the matter of the Arbitration Act, 1889.

(a) For the manner in which the question was answered, see Re McIntosh and Pontypridd Improvement Company, 61 L. J., Q. B. 164. (b) This is a King's Bench summons. For the formal parts of a summons in the Chancery Division, see No. XXVIII., ante, p. 359.

day of

19-, at

Let C. D., of &c., attend the Judge [or Master] in Chambers, Central Office, Royal Courts of Justice, Strand, London, on the o'clock in the noon, on the hearing of an application on the part of A. B., of &c., for leave to enforce the award dated the day of

in the above arbitration in the same manner as a judgment or order to the same effect, and for an order that the said C. D. do pay the costs of this application, to be taxed. [Conclude as in No. XXVII.]

No. LXV.

Affidavit of Execution of Award on application to enforce. [Title as in Form No. LXIV.].

day of

and saw

I, X. Y., of &c., make oath and say as follows: 1. I was present on the [arbitrator], of &c., sign and publish as his award in the above matter the paper writing now produced, and shown to me and marked X. Y.1

2. The name [arbitrator] subscribed to the said award is the proper handwriting of the said [arbitrator], and the name "X. Y." subscribed thereto as the witness attesting the execution of the said award is in my handwriting.

3. The paper writing now produced and shown to me marked X. Y. is a true copy of the said award.

SWORN, &c.

No. LXVI.

Notice of Motion to set aside or remit an Award.

In the High Court of Justice.

Division.

In the matter of an arbitration between A. B. and C. D.

And in the matter of the Arbitration Act, 1889. Take notice that the court will be moved on

- day of, 19—, at

-day, the

o'clock in the forenoon,

or so soon thereafter as counsel can be heard, by counsel on behalf of the said A. B., for an order that the award made

day of

between the parties to the above-mentioned arbitration by
X. Y., and dated the
19-, may be set
aside [or remitted to the arbitrator for his reconsideration] on
the grounds [state the grounds shortly, thus-(1) That the
arbitrator exceeded his authority in requiring the said A. B. to
accept delivery of the goods with an allowance for inferior
quality; (2) that the award is bad on the face of it for un-
certainty; (3) that the award is bad as not being final; (4)
that the award does not deal with all the matters submitted to
the arbitrator; (5) that the arbitrator has been guilty of mis-
conduct in making his award upon the matters referred without
having first fully heard the witnesses and evidence of the
parties; (6) that the arbitrator admits he has made a mistake
in his award, and is desirous of having it remitted to set it
right], and for an order that the costs of this application may
be [costs in the reference].

And further take notice that in support of such motion the said A. B. intends to read the affidavits of

copies of which affidavits are served herewith.

and

For a refer

application on the part of ["the plaintiff [or defendant] that the ence under

19-,

Another form.

For a trial under s. 14.

following questions arising in this action, viz. [state them] may
be referred to the official referee in rotation for inquiry and
report, pursuant to section 13 of the Arbitration Act, 1889 "].
Or, "that it may be referred to, Esquire, as special
referee, under section 13 of the Arbitration Act, 1889, to survey
and inspect the premises of the plaintiff and defendant re-
spectively, 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 or
arises; and also to report whether or not the plaintiff's premises
are or are likely to be affected by the drainage coming from the
defendant's stables as at present used, and if so, to what extent
and in what manner, and how the same is caused or arises."
"On the part of the
that the whole of this cause
may be tried before the official referee in rotation [or before
Esquire, as special referee, or before a special referee to
be agreed on by the parties], pursuant to section 14 of the
Arbitration Act, 1889, or that the following issues [or questions]
of fact, viz. [state them shortly], may be tried before, &c."

It is ordered that the following question arising in this be referred for inquiry and report to under section 13 of the Arbitration Act, 1889, and

action, namely

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

filed herein,

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

as the time and place at which I shall sit to proceed

(a) R. S. C., App. K., No. 33A.