matter (other than a criminal proceeding by the Crown) for inquiry or report to any official or special referee. (2.) The report of an official or special referee may be adopted wholly or partially by the Court or a Judge, and if so adopted may be enforced as a judgment or order to the same effect. 14. In any cause or matter (other than a criminal proceeding by the Crown), (a.) If all the parties interested who are not under disability consent: or, (b.) If the cause or matter requires any prolonged examination of documents 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: JUN Powers and remuneration of referees and arbitrators. or, (c.) If the question in dispute consists wholly or in part of matters of account; the Court or a Judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the Court. 15.—(1.) In all cases of reference to an official or special referee or arbitrator under an order of the Court or a Judge in any cause or matter, the official or special referee or arbitrator shall be deemed to be an officer of the Court, and shall have such authority, and shall conduct the reference in such manner, as may be prescribed by Rules of Court, and subject thereto as the Court or a Judge may direct. (2.) The report or award of any official or special referee or arbitrator on any such reference shall, unless set aside by the Court or a Judge, be equivalent to the verdict of a jury. (3.) The remuneration to be paid to any special referee or arbitrator to whom any matter is referred under order of the Court or a Judge shall be determined by the Court or a Judge. 16. The Court or a Judge shall, as to references under order of the Court or a Judge, have all the powers which are by this Act conferred on the Court or a Judge as to references by consent out of Court. 17. Her Majesty's Court of Appeal shall have all the powers conferred by this Act on the Court or a Judge thereof under the provisions relating to references under order of the Court. General. 18.-(1.) The Court or a Judge may order that a writ of subpoena ad testificandum or of subpœna duces tecum shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever he may be within the United Kingdom. Power to compel at- of witness and to order (2.) The Court or a Judge may also order that a writ to issue. of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee, or before any arbitrator or umpire. Statement of case pending 19. Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall, arbitration. if so directed by the Court or a Judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference. 20. Any order made under this Act may be made on Costs. such terms as to costs, or otherwise, as the authority making the order thinks just. powers by masters and 21. Provision may from time to time be made by Exercise of Rules of Court for conferring on any master, or other officer of the Supreme Court, all or any of the jurisdiction conferred by this Act on the Court or a Judge. other officers. Penalty for perjury. Crown to be bound. Application of Act to references under statutory powers. Saving for pending arbitrations. Repeal. 22. Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open Court, and may be dealt with, prosecuted, and punished accordingly. 23. This Act shall, except as in this Act expressly mentioned, apply to any arbitration to which Her Majesty the Queen, either in right of the Crown, or of the Duchy of Lancaster or otherwise, or the Duke of Cornwall, is a party, but nothing in this Act shall empower the Court or a Judge to order any proceedings to which Her Majesty or the Duke of Cornwall is a party, or any question or issue in any such proceedings, to be tried before any referee, arbitrator, or officer without the consent of Her Majesty or the Duke of Cornwall, as the case may be, or shall affect the law as to costs payable by the Crown. 24. This Act shall apply to every arbitration under any Act passed before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as this Act is inconsistent with the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act. 25. This Act shall not affect any arbitration pending at the commencement of this Act, but shall apply to any arbitration commenced after the commencement of this Act under any agreement or order made before the commencement of this Act. 26.-(1.) The enactments described in the Second Schedule to this Act are hereby repealed to the extent therein mentioned, but this repeal shall not affect anything done or suffered, or any right acquired or duty imposed or liability incurred, before the commencement of this Act, or the institution or prosecution to its termination of any legal proceeding or other remedy for ascertaining or enforcing any such liability. (2.) Any enactment or instrument referring to any enactment repealed by this Act shall be construed as referring to this Act. 27. In this Act, unless the contrary intention Definitions. appears, "Submission " means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not. "Court" means Her Majesty's High Court of Justice. "Judge" means a Judge of Her Majesty's High Court of Justice. "Rules of Court" means the Rules of the Supreme Court made by the proper authority under the Judicature Acts. 28. This Act shall not extend to Scotland or Ireland. Extent. 29. This Act shall commence and come into operation Commenceon the first day of January one thousand eight hundred ment. and ninety. 30. This Act may be cited as the Arbitration Act, Short title. 1889. SCHEDULES. THE FIRST SCHEDULE. PROVISIONS TO BE IMPLIED IN SUBMISSIONS. 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, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award. d. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators. e. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award. f. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire, all books, deeds, papers, accounts, writings, and documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require. g. The witnesses on the reference shall, if the arbitrators or umpire thinks fit, be examined on oath or affirmation. 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 discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client. 3 & 4 Will. 4, An Act for the further Sections thirty-nine to fortyc. 42. 17 & 18 Vict. amendment of the law and the better ad vancement of justice. one, both inclusive. The Common Law Sections three to seventeen, 66 The Supreme Court of Section fifty-six, from "SubJudicature Act, 1873. ject to any Rules of "Court" down to "as a "judgment by the Court," both inclusive, and the words " special referees or." Sections fifty-seven to fifty-nine, both inclusive. 47.& 48 Vict. The Supreme Court of Sections nine to eleven, c. 61. Judicature Act, 1884. | both inclusive. |