PART I. New trial. New Trial.]-A new trial in pursuance of the order of the court of appeal must be entered for trial at the court which is held next after twelve clear days from the time when the order or office copy has been deposited with the registrar, unless the parties agree that it shall take place sooner, or the judge otherwise orders, and it must be conducted in the same manner as any new trial granted by the county court itself (m). (m) Rule 196. THE cases in which security is required to be given in the In what cases. county court are as follow: 1. Upon a defendant objecting to a cause being tried in the county court (a). 2. Upon application for a warrant to return goods to a replevisor (b). 3. Upon obtaining leave to defend an action brought under the "Summary Procedure on Bills of Exchange Act, 1855" (c). 4. On application for a new trial to stay or suspend a judgment, order or execution, where security is ordered to be taken by the court (d). 5. Upon a party proposing to appeal (e). 6. Upon its appearing, on application for the entry of a plaint, that the plaintiff does not reside in England (ƒ). The security in any case may be either by bond, or by a deposit of money. If by Bond.]-The party intending to take the pro- If by bond. ceeding must find sureties to join with him in the bond (g), and must serve, by post or otherwise, on the opposite party and the registrar at his office, notice of the persons whom he proposes as his sureties, according to a form in (a) 19 & 20 Vict. c. 108, s. 39, p. 399, ante, p. 84. (b) Ib. ss. 65, 66, p. 425, ante, p. 208. (c) 18 & 19 Vict. c. 67, s. 4, ante, p. 214. (e) 13 & 14 Vict. c. 61, s. 14, (f) Rule 36, ante, p. 68. p. 431. PART I. Action on. the schedule to the rules. The registrar must forthwith give notice to both parties of the day and hour on which he proposes that the bond shall be executed, and must state in the notice to the obligee that if he have any valid objection to make to the proposed sureties or either of them that he must make it at that time (g). The sureties must make an affidavit of their sufficiency before the registrar, in the form in the schedule to the rules, unless the opposite party shall dispense with it (h). The bond must be given at the cost of the party giving it, and must be made to the other party or intended party in the action or proceeding (i). It is to be executed in the presence of the judge, registrar, a commissioner of a court of law or equity, or a justice of the peace. If executed in the presence of the judge or registrar, it need not be attested (j). It is to be deposited with the registrar until the cause be finally disposed of (k). In cases of objection to the trial in the county court the bond must be in a sum not exceeding 150l., and the security must be approved by the registrar (1). The registrar cannot decline to approve of the bond upon the ground that the defendant is by law incompetent to execute it (m). In cases of replevin the bond must be in a sum sufficient to cover the alleged rent or damage, and the probable costs of the cause in the superior or county court, according to the court in which the replevisor elects to sue (n). In cases of appeal the bond is to be taken in a sum equal to 201., and the amount of the judgment of the county court (o). In other cases it is to be the amount fixed by the court or registrar. Action on.]-If any action be brought on the bond, the court in which the action is brought may, by rule or order, give such relief to the obligors as may be just, and such (g) Rule 181. Form 15, App. (j) Rule 183. (k) Rule 185. (1) 19 & 20 Vict. c. 108, s. 39, p. 399. (m) Re Young v. The Brompton Waterworks Company, 1 B. & S. 675: S. C., 31 L. J., Q. B. 14. In this case it was held that an incorporated joint-stock company, limited, could properly execute such a bond. (n) 19 & 20 Vict. c. 108, ss. 65 and 66, p. 425. (o) See Forms 97 and 98, App. rule or order is to have the effect of a defeasance of the CHAP. XXI. bond (p). If Security by Deposit.]-Where a party is required to If security by deposit. give security, he may, in lieu of giving a bond, deposit with the registrar a sum equal in amount to the sum for which he would otherwise give security, together with a memorandum, to be approved of by the registrar, and to be signed by the party, his attorney or agent, setting forth the conditions on which the money is deposited, and the registrar must give a written acknowledgment of the deposit (q). The party, upon making the deposit, must give notice to the opposite party by post or otherwise, of the deposit having been made (r). The failure to deposit a written memorandum, setting forth the conditions, is no objection to the hearing of an appeal, in respect of which it was deposited (s). deposit. Payment out of Court of Deposit.]-The judge of the Payment out of court in which the money has been deposited may, on the court of same evidence as would be required to enforce or avoid a bond, given by way of security, order the sum deposited to be paid out to such party or parties as to him shall seem just (1). courts. In Superior Courts.]—Where security is required by In superior any of the county court acts to be given in a superior court, it may be by bond or deposit, the same as if it were required to be given in a county court (u); and the court in which an action on the bond is brought has the same powers, as to giving relief to the obligors, and to the disposal of the money deposited, as are above stated to be possessed by the county court (x). Reference to arbitration. Revocation of reference. CHAPTER XXII. ARBITRATION. Reference to Arbitration. Reference to Arbitration.]-The judge may, with the consent of both parties, order the suit with or without other matters in difference (within the jurisdiction), to be referred to arbitration, to a person or persons, in such manner and on such terms as he thinks reasonable and just (a). Where a plaint is entered, the judge may, with the consent of the parties, in cases within the ordinary jurisdiction of the court, and also in cases of enlarged jurisdiction by consent under sect. 23 of the 19 & 20 Vict. c. 108, make an order for a reference before, upon or after the return-day of the summons, and all the provisions as to references apply to a proceeding under such an order; and the same fees must be paid on making the order as if it were made on the hearing of the cause (b). The judge has no power to refer a cause except by consent of the parties; therefore, in pleading such an order of reference, it is sufficient to state that the parties mutually agreed to refer, without mentioning that it was done by order of the judge (c). An order of reference, when once made, cannot be revoked by either party, except by consent of the judge (d). The act to amend the law of evidence (14 & 15 Vict. c. 99) provides, by sect. 16, that "every court, judge, justice, officer, commissioner, arbitrator or other person, now or hereafter having by law or by consent of parties authority to hear, receive and examine evidence, is hereby empowered to administer an oath to all such witnesses as are legally called before them respectively " (e). (a) 9 & 10 Vict. c. 95, s. 77, (b) Rule 222. Form 120, App. 621; S. C., 21 L. J., Exch. 28. p. 397. (e) Before this act, an arbitrator appointed by a county court had no power to administer an oath, and, consequently, a witness swearing |