Rules IX.-XII. IX. The arbitrator or referee shall within one week of making his report or award transmit the same. under sealed envelope to the Prothonotary, and shall at the same time send notice thereof to the parties. The arbitrator is bound to inform the parties of the closing of the case. [Peterson v. Ayre.] X. The arbitrator or referee shall, when so transmitting his report or award, also send under separate cover to the Prothonotary a statement showing exactly the time occupied and the amount expended by him in connection with the hearing of the matter so referred. In England where official referees are attached to the Supreme Court, the rate of payment is equal to £5 for every reference, and if reference lasts over two days, about £3 a day for every subsequent day, with hotel and travelling expenses. XI. The Prothonotary shall forthwith bring the said statement before the Court or a Judge, and so soon as the Court or a Judge shall have determined the amount of remuneration to be paid to the arbitrator or referee, the Prothonotary shall inform the parties thereof. This course rendered necessary by wording of s. 13 (iii). XII. Upon payment by the parties, or either of them, of any amount that may be determined by the Court or a Judge as payable to the arbitrator or referee in excess of the sum deposited under Rule 7, the envelope containing the report or reward shall be opened by the Prothonotary, who shall give notice thereof to the parties. This can only apply to appointments made under s. 12. An arbitrator has a lien on the submission and award; he can withhold the notes of evidence taken, although he has no lien on documents given. in evidence. [Roberts v. Eberhardt, Re Coombs.] As to arbitrators' charges and right to recover payment. [Deane v. Nicol & Another; Morell v. Dixson; Poole v. Dixson & Another; McSharry v. Commissioner of Railways; Hoggins v. Gordon; Crampton & Holt v. Ridley & Co.] XIII. After receipt of the notice in the last Rule mentioned, either party may move the Court or a Judge to direct that a verdict may be entered in accordance with the finding of the arbitrator or referee, or that such order may be made as to the Court or a Judge may seem fit. This application ought to be on notice to the other side. XIV. If either party be dissatisfied with the report or award of the arbitrator or referee, he shall, within fourteen days from service of the notice mentioned in Rule 12, move the Court or a Judge for a rule nisi to show cause why the report or award should not be set aside, referred back, or amended, and the grounds upon which the rule nisi is asked for shall be set forth in an affidavit upon which the motion shall be made. E Rules XII.-XIV. Rules XIV.-XVI. The award must be the joint judgment of the arbitrators (if two or more), must be final, certain, possible, reasonable, consistent and legal. [Nichols v. Hancock; Thursby v. Helbart; Lewis v. Rossiter; Booth v. Davis; Turner v. Swainson.] Several awards may be made if authorised by the submission. [Wrighton v. Bywater] XV. All notices to be given under these Rules may be served upon the solicitor of a party, or if not represented by a solicitor they may be left at the address which a plaintiff or defendant is required to give in compliance with the Rule of Court relating to plaintiffs and defendants appearing in person. See s. 26, C.L.P. Act, 1853. XVI. Whenever the practice shall not be provided for by these Rules, then the practice of the Supreme Court in its Common Law Jurisdiction shall be followed so far as applicable. FREDK. M. DARLEY, C.J. W. C. WINDEYER, J. J. GEO. LONG INNES, J. M. H. STEPHEN, J. WM. OWEN, J. W. J. FOSTER, J. C. J. MANNING, J. INDEX. ACCEPTANCE, Of office by arbitrator, 13 by umpire, 14 ABATEMENT, Of matter referred, 4 By bankruptcy of either party, 5 assignment of estate, 5 marriage, 5 ADOPTION, By executors, 5 By marriage, 5 ACCORD AND SATISFACTION, When a bar, 10 ACCOUNT, Matter of compulsory reference under s. 12, 25 ACCOUNTANT, Costs of, 9 Power to employ, 9 ACTION, For breach of agreement, 4 To refer, 4 For revocation, 4, 63 For matters referred, 10 Pending reference, 10 When stayed, 11, 12, 13 Against arbitrator, 22 Attachment on award, 3, 25 66 AFTER," Agreement to pay arbitrator, Preface "ALL MATTERS IN DIFFERENCE," ALTERATION, Of submission, 18 In law by Arbitration Act, 3 APPEAL, By case stated, 16, 18, 28, 63 Setting aside award, 21, 22 ARBITRATOR, Appointment by Court, 13, 14 Authority of, 16 Charges of, 27, 64 Duties of, 17, 27, 62 Judicial impartiality, 17, 62 Power on reference back, 20, 21 Clause in partnership articles, 7, 63 ATTACHMENT, 3, 25 ATTENDANCE, Of witnesses compelled, 28 ATTORNEY, Costs of, 30 Power of, 3 AWARD, Between all parties, 23 Certain, 24 Conclusive, consistent, 24 Final, 24 Legal, 24 Form of, 34 In form, special case, 17, 28 How and when made, 19, 21, 31, 61, 63 Part good, part bad, 15, 21 Possible, reasonable, consistent, 24 Publication of, 33, 64 Requisites of, valid, 23, 24 BANKRUPT, Submission by, Award not avoided by subsequent bankruptcy, 5 Assignee adopting reference, 5 BOND, Submission by, 3 |