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under no disability consent thereto, and also without such consent in any such cause or matter requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge, conveniently be made before a jury, or conducted by the Court through its other ordinary officers, the Court or a Judge may at any time, on such terms as may be thought proper, order any question or issue of fact or any question of account arising therein to be tried either before an official referee, to be appointed as hereinbefore provided, or before a special referee to be agreed on between the parties; and any such special referee so agreed on shall have the same powers and duties, and proceed in the same manner as an official referee. All such trials before referees shall be conducted in such manner as may be prescribed by rules of Court, and subject thereto in such manner as the Court or Judge ordering the same shall direct."

Sect. 58.-"In all cases of any reference to or trial by referees under this Act, the referees shall be deemed officers of the Court, and shall have such authority for the purpose of such reference or trial as shall be prescribed by rules of Court or (subject to such rules) by the Court or Judge ordering such reference or trial; and the report of any referee upon any question of fact on any such trial, shall (unless set aside by any Court) be equivalent to the verdict of a jury."

Sect. 59." With respect to all such proceedings before referees, and their reports, the Court or such Judge as aforesaid shall have, in addition to any

other powers, the same or the like powers as are given to any Court whose jurisdiction is hereby transferred to the said High Court with respect to references to arbitration and proceedings before arbitrators and their awards respectively by the Common Law Procedure Act, 1854."

distribution of

Under the Judicature Act, 1873, the Lord Chancellor had power to appoint four official referees, who are paid officers of the Court, and the power to appoint their successors vests in the Lord Chancellor for the time being. The distribution of business Provision for amongst these officers is provided for by Order 36, business. rule 29aa, and rule 29b of the same Order says that "when an order shall have been made referring any business to the official referee in rotation, such order or a duplicate of it shall be produced to the Registrar's clerk, whose duty it is to make such distribution as aforesaid, and such clerk shall, except in the case provided for by Rule 29c of this Order, endorse thereon a note specifying the name of the official referee in rotation to whom such business is to be referred; and the order so endorsed shall be sufficient authority for the official referee to proceed with the business so referred."

Rule 29c." The two last preceding rules of this Order are not to interfere with the power of the Court or of a Judge at chambers, to direct or transfer a reference to any one in particular of the said official referees, where it appears to the Court or Judge to be expedient, but every such reference shall be recorded in the manner provided."

Rule 31 provides that subject to any order to be Enforcing

attendance of witnesses.

Hours of sitting of official referees.

Order regulating

fees.

made by the Court or Judge ordering the same, evidence shall be taken at any time before a referee, and the attendance of witnesses may be enforced by subpœna, and every such trial shall be conducted in the same manner as nearly as circumstances will admit, as trials before a Judge of the High Court, but not so as to make the tribunal of the referee a public Court of Justice.

Order 36, rule 33, says, "Nothing in these Rules contained shall authorise any referee to commit any person to prison, or to enforce any order by attachment or otherwise."

Order 63, rule 14, regulates the times when the official referees shall sit. "The official referees shall sit at least from 10 A.M. to 4 P.M. on every day during the Michaelmas, Hilary, Easter, and Trinity sittings of the High Court of Justice, except on Saturdays during such sittings, when they shall sit at least from 10 A.M. to 1 P.M.; but nothing in this rule shall prevent their sitting on any other days.

The fees to be taken by official referees are now regulated by an order that came into operation in January, 1884. By that order the fees are fixed as follows:

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Every fee is to be paid in stamps, and shall be affixed to a memorandum stating the account on which such fees are paid. The party who begins the reference is primarily the party who pays for the stamp, and a deposit on account of expenses may be required before proceeding with the reference, or at any time during the course thereof.

under the

Submission
Lands Clauses
Consolidation
Act, 1845,
8 & 9 Vict.

c. 18,

The fees payable to a special referee are fixed by the Court, and vary according to circumstances. There are also sundry other methods of submission to arbitration, which it is not necessary to enter into in a work of this character. They are submissions under the Lands Clauses Consolidation Act, 1845, which usually arise when an industrial or commercial undertaking has been sanctioned by Parliament, and the promoters have notified their intention to take lands necessary for the purposes of their business, and the owner of such lands claims more than £50 as compensation, and also to have the amount of compensation settled by arbitration. The Railways Clauses Consolidation Act also contains provisions similar to the above, for the submission of matters in difference to arbitration, as do also the Railway c. 20. Companies Arbitration Act, 1859, 22 & 23 Vict. c. 59, and the Public Health Act, 1875, 38 & 39 Vict. c. 55.

There are also submissions in Bankruptcy, by record, by order of County Court Judge, by order of Quarter Sessions.

These are the principal methods by which submissions can be made, and they show the necessity that has from time to time arisen for controlling and perfecting this form of settling disputes.

and under the Railways Clauses Con

solidation Act,

8 & 9 Vict.

attendance of witnesses.

Hours of sitting of official referees.

Order regulating

fees.

made by the Court or Judge ordering the same, evidence shall be taken at any time before a referee, and the attendance of witnesses may be enforced by subpoena, and every such trial shall be conducted in the same manner as nearly as circumstances will admit, as trials before a Judge of the High Court, but not so as to make the tribunal of the referee a public Court of Justice.

Order 36, rule 33, says, "Nothing in these Rules contained shall authorise any referee to commit any person to prison, or to enforce any order by attachment or otherwise."

Order 63, rule 14, regulates the times when the official referees shall sit. "The official referees shall sit at least from 10 A.M. to 4 P.M. on every day during the Michaelmas, Hilary, Easter, and Trinity sittings of the High Court of Justice, except on Saturdays during such sittings, when they shall sit at least from 10 A.M. to 1 P.M.; but nothing in this rule shall prevent their sitting on any other days.

The fees to be taken by official referees are now regulated by an order that came into operation in January, 1884. By that order the fees are fixed as follows:

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