Registration of Colonial Vessels. Common Law Procedure. ment, upon the Payment of a Fee of Twenty-five Dollars to the Colonial Secretary, the requisite Declaration of Ownership and Bond herein-before in this Ordinance mentioned and directed being first duly made and executed: Provided always, that any Change of Master be endorsed upon the Register by the Colonial 'Secretary, and that a Fee of Five Dollars be charged for the said Endorsement. X. Any Colonial Register granted under this Ordinance shall Duration of Cobe in Force and Effect for One Year from the Date of such Re- lonial Register. gister and no longer, and such Register shall be renewable by Endorsement on the same, under the Hand of the Governor, Lieutenant Governor, or Officer administering the Government, on the Payment of a Fee of Ten Dollars: Provided always, that such Register be deposited in the Office of the Colonial Secretary One Week before the Expiration of the Year for which the Register has been granted, or if the registered Ship or Vessel be at Sea, then on her Return to the Waters of the Colony. Ordinance. XI. Any Infringement of the Provisions of this Ordinance Penalty for shall render the Colonial Register ipso facto void, and shall render Violation of the Ship or Vessel sailing under such Register forfeit to the Crown, in addition to the Penalty of the Bonds herein-before set forth. XII. All Fees payable or Penalties imposed under this Ordi- Application of nance shall be paid into the Colonial Treasury, and shall be Fees. recoverable in a summary Manner before any Magistrate or Justice of the Peace. XIII. Has had its Effect. No. 6. of 1855. An Ordinance for the Amendment of the Civil Adminis- Title. .P. A. 185 tration of Justice. 6 WE [25th August, 1855.] HEREAS it is expedient that the Practice and Proce- Preamble. ' certain Provisions of" The Common Law Procedure Act, 1852," 15 & 16 Vict. c. 76. Be it therefore enacted by His Excellency the Governor of 17 & 18 Vict. Trial without Jury.—Arbitration. Consent, try I. The parties to any Cause may, by Consent in Writing, Court may, by S.. signed by them or their Attornies or Agents, as the Case may be, leave the Decision of any Issue of Fact to the Court, provided that the Court, upon a Rule to show Cause, shall, in its Discretion, think fit to allow such Trial; and such Issue of Fact may thereupon be tried and determined, and Damages assessed where necessary, in open Court, either in Term or Vacation, by the Court; and the Verdict of such Court shall be of the same Effect as the Verdict of a Jury, save that it shall not be questioned upon the Ground of being against the Weight of Evidence; and the Proceedings upon and after such Trial, as to the Power of the Court, Power to Court tration before Trial. Common Law Procedure. Court, the Evidence, and otherwise, shall be the same as in the II. If it be made appear, at any Time after the Issuing of a to direct Arbi- Writ, (Commencement of Action,) to the Satisfaction of the Court, upon the Application of either Party, that the Matter in Dispute consists wholly or in Part of Matters of mere Account which cannot conveniently be tried in the ordinary Way, it shall be lawful for such Court, upon such Application, if it think fit, to decide such Matter in a Summary Manner, or to order that such Matter, either wholly or in Part, be referred to an Arbitrator appointed by the Parties, or to an Officer of the Court, upon such Terms as to Costs and otherwise as such Court shall think reasonable; and the Decision or Order of such Court, or the Award or Certificate of such Referee, shall be enforceable by the same Process as the Finding of a Jury upon the Matter referred. Special Case Arbitrator may Power to Court to direct Arbi- Proceedings be- III. If it shall appear to the Court that the Allowance or Disallowance of any particular Item or Items in such Account depends upon a Question of Law fit to be decided by the Court, or upon a Question of Fact fit to be decided by a Jury, or by the Court upon the Consent of both Parties as herein-before provided, it shall be lawful for such Court to direct a Case to be stated, or an Issue or Issues to be tried; and the Decision of the Court upon such Case, and the Finding of the Jury or Court upon such Issue or Issues, shall be taken and acted on by the Arbitrator as conclusive. IV. It shall be lawful for the Arbitrator upon any compulsory Reference as herein-before provided, or upon any Reference by Consent of Parties where the Submission is or may be made a Rule of Court, if he shall think fit, and if it is not provided to the contrary, to state his Award, as to the whole or any Part thereof, in the Form of a Special Case for the Opinion of the Court, and when an Action is referred, Judgment, if so ordered, may be entered according to the Opinion of the Court. V. If upon the Trial of any Issue of Fact by the Court, it shall appear to the Court that the Questions arising thereon involve Matter of Account which cannot conveniently be tried before it, it shall be lawful for it, at its Discretion, to order that such Matter of Account be referred to an Arbitrator appointed by the Parties, or to an Officer of the Court, upon such Terms as to Costs, and otherwise, as such Court shall think reasonable; and the Award or Certificate of such Referee shall have the same Effect as hereinbefore provided as to the Award or Certificate of a Referee before Trial; and it shall be competent for the Court to proceed to try and dispose of any other Matter in Question, not referred, in like Manner as if no Reference had been made. VI. The Proceedings upon any such Arbitration as aforesaid shall, except otherwise directed hereby, or by the Submission or Document authorizing the Reference, be conducted in like Manner, and subject to the same Rules and Enactments, as to the Power of the Arbitrator, and of the Court, the Attendance of Witnesses, the Production of Documents, enforcing or setting aside the Award, and otherwise, as upon a Reference made by Consent under a Rule of Court or Judge's Order. VII. In Common Law Procedure. trator. VII. In any Case where Reference shall be made to Arbitration Power to send 5.9. as aforesaid, the Court shall have Power at any Time, and from back to ArbiTime to Time, to remit the Matters referred, or any or either of them, to the Reconsideration and Redetermination of the said Arbitrator, upon such Terms, as to Costs and otherwise, as to the said Court may seem proper. VIII. All Applications to set aside any Award made on a com- Application to pulsory Reference herein-before provided for, shall and may be set aside the made within the first Seven Days of the Term next following the Award. Publication of the Award to the Parties, whether made in Vaca- [See Ord. No.3. tion or Term; and if no such Application is made, or if no Rule of 1858. s. 1.] is granted thereon, or if any Rule granted thereon is afterwards discharged, such Award shall be final between the Parties. IX. Any Award made on a compulsory Reference herein-before Enforcing provided for, by the Authority of the Court, on such Terms as to Award within it may seem reasonable, may be enforced at any Time after Seven Period for setDays from the Time of Publication, notwithstanding that the Time ting same aside. for moving to set it aside has not elapsed. menced by one have agreed to Court may stay 8.9. 5.10. X. Whenever the Parties to any Deed or Instrument in Writing If Action com- S. //. to be hereafter made or executed, or any of them, shall agree that any then existing or future Differences between them or any of them shall be referred to Arbitration, and any one or more of the Parties so agreeing, or any Person or Persons claiming through or under him or them, shall nevertheless commence any Action at Proceedings. Law or Suit in Equity against the other Party or Parties, or any of them, or against any Person or Persons claiming through or under him or them in respect of the Matters so agreed to be referred, or any of them, it shall be lawful for the Court, on Application by the Defendant or Defendants, or any of them, after Appearance and before Plea or Answer, upon being satisfied that no sufficient Reason exists why such Matters cannot be or ought not to be referred to Arbitration according to such Agreement as aforesaid, and that the Defendant was at the Time of the bringing of such Action or Suit, and still is, ready and willing to join and concur in all Acts necessary and proper for causing such Matters so to be decided by Arbitration, to make a Rule or Order staying all Proceedings in such Action or Suit, on such Terms as to Costs and otherwise as to such Court may seem fit: Provided always, that any such Rule or Order may at any time afterwards be discharged or varied as Justice may require. bitrators Court may appoint XI. If, in any case of Arbitration, the Document authorizing On Failure of S.12. the Reference provide that the Reference shall be to a single Arbi- Parties or Artrator, and all the Parties do not, after Differences have arisen, concur in the Appointment of an Arbitrator; or if any appointed single ArbitraArbitrator refuse to act, or become incapable of acting, or die, and tor or Umpire. the Terms of such Document do not show that it was intended that such Vacancy should not be supplied, and the Parties do not concur in appointing a new one; or if, where the Parties or two Arbitrators are at Liberty to appoint an Umpire or third Arbitrator, such Parties or Arbitrators do not appoint an Umpire or third Arbitrator; or if any appointed Umpire or third Arbitrator refuse to act, or become incapable of acting, or die, and the Terms of 5.13. When Refer- Arbitrators, and to appoint, other Party Common Law Procedure. of the Document authorizing the Reference do not show that it was intended that such a Vacancy should not be supplied, and the Parties or Arbitrators respectively do not appoint a new one ; then in every such Instance, any Party may serve the remaining Parties or the Arbitrators, as the Case may be, with a written Notice to appoint an Arbitrator, Umpire, or third Arbitrator respectively; and if within Seven clear Days after such Notice shall have been served, no Arbitrator, Umpire, or third Arbitrator be appointed, it shall be lawful for the Court, upon Summons to be taken out by the Party having served such Notice as aforesaid, to appoint an Arbitrator, Umpire, or third Arbitrator, as the Case may be, and such Arbitrator, Umpire, and third Arbitrator, respectively shall have the like Power to act in the Reference and make an Award as if he had been appointed by Consent of all Parties. XII. When the Reference is, or is intended to be, to two Arbitrators, one appointed by each Party, it shall be lawful for either One Party fail Party, in the Case of the Death, Refusal to act, or Incapacity of any Arbitrator appointed by him, to substitute a new Arbitrator, unless the Document authorizing the Reference show that it was intended that the Vacancy should not be supplied; and if on such a Reference one Party fail to appoint an Arbitrator, either originally or by Way of Substitution as aforesaid, for Seven clear Days after the other Party shall have appointed an Arbitrator, and shall have served the Party so failing to appoint with Notice in Writing to make the Appointment, the Party who has appointed an Arbitrator may appoint such Arbitrator to act as sole Arbitrator in the Reference, and an Award made by him shall be binding on both Parties, as if the Appointment had been by Consent; provided, however, that the Court may revoke such Appointment, on such Terms as shall seem just. 5.14. Two Arbitra 5.15. tors may ap XIII. When the Reference is to two Arbitrators, and the Terms of the Document authorizing it do not show that it was point Umpire. intended that there should not be an Umpire, or provide otherwise for the Appointment of an Umpire, the two Arbitrators may appoint an Umpire at any Time within the Period during which they have Power to make an Award, unless they be called upon by Notice as aforesaid to make the Appointment sooner. Award to be Parties or XIV. The Arbitrator acting under any such Document or compulsory Order of Reference as aforesaid, or under any Order referring the Award back, shall make his Award under his Hand, and (unless such Document or Order respectively shall contain a different Limit of Time) within Three Months after he shall have been appointed, and shall have entered on the Reference, or shall have been called upon to act by a Notice in Writing from any Party; but the Parties may by Consent in Writing enlarge the Term for making the Award; and it shall be lawful for the Court for good Cause to be stated in the Rule or Order for Enlargement, from Time to Time to enlarge the Term for making the Award; and if no Period be stated for the Enlargement in such Consent or Order for Enlargement, it shall be deemed to be an Enlargement for One Month; and in any Case where an Umpire shall Common Law Procedure. have been appointed, it shall be lawful for him to enter on the Reference in lieu of the Arbitrators, if the latter shall have allowed their Time or their extended Time to expire without making an Award, or shall have delivered to any Party, or to the Umpire, a Notice in Writing stating that they cannot agree. be enforced as a XV. When any Award made on any such Submission, Docu- Rule to deliver . 16 ment, or Order of Reference as aforesaid, directs that Possession Possession of Land pursuant of any Lands or Tenements capable of being the Subject of an to Award, to Action of Ejectment shall be delivered to any Party, either forthwith or at any future Time, or that any such Party is entitled to the Possession of any such Lands or Tenements, it shall be lawful for the Court to order any Party to the Reference who shall be in Possession of any such Lands or Tenements, or any Person in Possession of the same claiming under or put in possession by him since the Making of the Document authorizing the Reference, to deliver Possession of the same to the Party entitled thereto, pursuant to the Award, and such Rule or Order to deliver Possession shall have the Effect of a Judgment in Ejectment against every such Party or Person named in it, and Execution may issue, and Possession shall be delivered by the Sheriff as on a Judgment in Ejectment. XVI. Every Agreement or Submission to Arbitration by Consent, whether by Deed or Instrument in Writing not under Seal, may be made a Rule of Court, on the Application of any Party thereto, unless such Agreement or Submission contain Words purporting that the Parties intend that it should not be made a Rule of Court. Trial. XVII. It shall be lawful for the Court, at the Trial of any Cause where it may deem it right for the Purpose of Justice, to order an Adjournment for such Time, and subject to such Terms and Conditions as to Costs, and otherwise, as the said Court may think fit. XVIII. If any Person, not being a Native of China, called as a Witness, or required or desiring to make an Affidavit or Deposition, shall refuse, or be unwilling from alleged conscientious Motives, to be sworn, it shall be lawful for the Court or other presiding Officer, or Person qualified to take Affidavits or Depositions, upon being satisfied of the Sincerity of such Objection, to permit such Person, instead of being sworn, to make his or her solemn Affirmation or Declaration in the Words following; videlicet: 4.B. do solemnly, sincerely, and truly affirm and declare, that the taking of any Oath is, according to my religious Belief, unlawful; and I do solemnly, sincerely, and truly affirm and ' declare, &c.' which solemn Affirmation and Declaration shall be of the same Force and Effect as if such Person had taken an Oath in the usual Form. Agreement or Writing, may tention appear. Power to adjourn Trial. Affirmation in- XIX. If any Person, being a Native of China, called as a Statement inWitness, or required or desiring to make an Affidavit or Deposition, stead of Oath shall refuse or be unwilling to be sworn, it shall be lawful for the by Chinese. Court H 5.17. S. 19. 19. .20. See Jay 60.201. |