to do, shall have power to call for the production of any document which is in the possession of either party, or which either party can produce, and which to the arbitrator seems necessary for determination of the difference referred to him, and to take the examination of the parties and witnesses on oath and to administer oaths and take affirmations, and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. 12. Power to proceed in absence of either party.] The arbitrator may proceed in the absence of either party after notice given to both parties. Form of notice.-Form 57, post, Chap. IV. 13. Form of award and time for its delivery.] The award shall be in writing signed by the arbitrator, and shall be ready for delivery within fourteen days after his appointment, or within such extended time not exceeding in the whole twenty-eight days after his appointment as the parties may agree upon in writing. Form of award.—Form 32, post, Chap. IV. 14. Costs of Arbitration.] The costs (if any) of and attending the arbitration including the remuneration (if any) of the arbitrator shall be borne and paid by the parties in such proportion as to the arbitrator appears just, and the award may direct the payment of the whole or any part of the aforesaid costs by the one party to the other, or may declare that no costs shall be payable. 15. Day for payment.] The award shall fix a day not sooner than fourteen days after the delivery of the award for the payment of the money awarded for compensation, costs, or otherwise. 16. Award to be final.] The award shall be final and conclusive in every case; and neither the submission to arbitration nor the award shall be made a rule of any court, or be removable by any process into any court. The meaning of the section is merely that a submission or award shall not be brought up to the High Court to be quashed, but that an award under the Act shall be conclusive (In re Lloyd and Tooth, [1899] 1 Q. B. 559). The award may, of course, be set aside if improperly procured, or if there has been misconduct on the part of an arbitrator or umpire (Arbitration Act, 1889 (52 & 53 Vict. c. 49, s. 11 (2)). 17. Recovery of compensation money.] Where any money agreed or awarded to be paid for compensation, costs, or otherwise, is not paid within fourteen days after the time when it is agreed or awarded to be paid, it shall be recoverable upon order made by the judge of the county court within the district of which the holding is situated, as money ordered to be paid by a county court under its ordinary jurisdiction is recoverable. As to procedure to recover compensation money. See s. 24 of the Agricultural Holdings (England) Act, 1883, supra, p. 23, and County Court Rules, Ord. XL., rr. 7, 8, infra, pp. 101, 102. 18. No claim to be made under the Agricultural Holdings (England) Act for any matter or thing for which a claim is made under this Act.] No claim for compensation shall be made under the Agricultural Holdings (England) Act, 1883, for any matter or thing in respect of which a claim for compensation is made under this Act, and in any case in which the provisions of that Act and of this Act conflict the provisions of this Act shall prevail. G.-Statutory Rules and Orders. THE COUNTY COURT RULES, 1903.-ORDER XL. 1. Appointment or change of guardian.—(1) An application for the appointment or change of a guardian of an infant or person of unsound mind not so found by inquisition for the purposes of the Agricultural Holdings (England) Acts, 1883 to 1900 (in this Order referred to as the said Acts), shall be intituled in the matter of the Acts and of the arbitration or intended arbitration, and shall be made in accordance with the rules for the time being in force as to interlocutory applications. See s. 25 of the Act of 1883, supra, p. 24. Application.-Form 58, post, Chap. IV. Order XII., r. 11. Practice on interlocutory applications.— Where by any statute or by these rules any interlocutory application is expressly or by reasonable intendment directed to be made to the court, or to the judge, or to the judge or registrar, or to the registrar, then, subject to the provisions of the particular statute or of the particular rule applicable thereto, and so far as the same shall not be inconsistent therewith, the following provisions shall apply : (1) The application may be made either in or out of court, and either ex parte or on notice in writing; when made on notice, the notice shall be served on the opposite party two days at least before the hearing of the application, unless the judge or registrar gives leave for shorter notice; (2) No affidavit in support shall be necessary, but the judge or registrar, as the case may be, may, if he thinks fit, adjourn the hearing of the application and order affidavits in support to be filed; (3) The judge or registrar upon the hearing or adjourned hearing of the application may make an order absolute in the first instance, or to be absolute at any time to be ordered by him, unless cause be shown to the contrary, or may make such other order or give such directions as may be just; (4) The allowance of the costs of and incident to the application shall be in the discretion of the judge or registrar; and no such costs shall be allowed on taxation without special order; (5) The taxation of costs, when allowed, shall not take place until the general taxation of the costs of the action or matter in which the application is made, or the action or matter is determined, unless the judge or registrar on the hearing of the application for good cause otherwise orders; (6) When an earlier taxation is ordered, the word "recovered," wherever it occurs in the scales, shall be deemed for the purposes of taxation to mean 66 claimed," and column B. shall apply to all cases exceeding twenty pounds to the exclusion of column C. ; When the application may under the particular statute or rule be made to the registrar, and is so made, the following additional provisions shall apply : (7) The registrar may, if in doubt as to the proper order to be made, refer the matter to the judge forthwith or at the next court day or at the trial; (8) The judge may vary or rescind any order made by the registrar, and may make such order as may be just, and if necessary adjourn the trial. (2) Affidavit.—Any such application shall be supported by affidavit, and accompanied by a written consent of the proposed guardian to act as such. Affidavit.-Form 59, post, Chap. IV. (3) Applications ex parte.-An application on behalf of an infant or person of unsound mind for the appointment of a guardian may be made ex parte. (4) Applications on notice.-An application by any other person interested for the appointment of a guardian of an infant or person of unsound mind shall be made to the judge on notice in writing; and such notice, together with a copy of the affidavit in support of the application, shall three clear days at least before the day in such notice named for hearing the application be served on the person with whom or under whose care such infant or person of unsound mind is residing, and also, in the case of an infant not residing with or under the care of his father or guardian, on the father or guardian (if any) of such infant: Provided that the registrar may dispense with such last-mentioned service. Service may be effected in accordance with the provisions of section 28 of the Agricultural Holdings (England) Act, 1883. (5) An application for the removal or change of a guardian shall be made to the judge on notice in writing, which shall be served on the guardian proposed to be removed or changed, or his solicitor, in accordance with the last preceding paragraph. 2. Application for order to state case.-(1) An application to the judge under the said Acts for an order directing an arbitrator to state in the form of a special case for the opinion of the court any question of law arising in the course of the arbitration shall be made in court on notice in writing, which shall be intituled in the matter of the Acts and of the arbitration, and shall state concisely the question of law which the applicant desires to be stated for the opinion of the court, and shall be supported by an affidavit setting forth the facts of the case and the question of law arising thereon. Application.-Form 61, post, Chap. IV. (2) The application and affidavit shall be filed with the registrar, and shall be marked by the registrar with a reference number, and all subsequent proceedings shall bear the reference number. (3) Copies of the application and affidavit shall be served by the applicant on the parties to the arbitration, and on the arbitrator, or on their respective solicitors (if any), ten clear days at least before the hearing of the application, unless the judge or registrar shall give leave for shorter service, in which case a copy of the order giving such leave shall be served with the copy of the application. Such service may be effected in accordance with the provisions of section 28 of the Agricultural Holdings (England) Act, 1883; and service on any party who does not appear on the hearing of the application shall be proved before an order is made. (4) Any affidavit intended to be used by any party in opposition to the application shall be filed and a copy thereof shall be served on the applicant or his solicitor four clear days at least before the hearing of the application, or, if leave has been given for short service of the notice of the application, in such reasonable time before the hearing as the date of service of such notice will allow. (5) A deponent to an affidavit shall on notice from the other side served in accordance with paragraph 3 attend the hearing for cross examination; and witnesses may be orally examined on the hearing of the application in the same manner as on the hearing of an action. (6) The order of the judge on the application shall be settled and signed by the registrar, and shall be sealed and filed, and signed copies thereof shall be served on the arbitrator in accordance with the provisions of section 28 of the Agricultural Holdings (England) Act, 1883, and on all other persons affected thereby in accordance with Rule 7 of Order XXIII. Order XXIII., r. 7. Mode of service of judgments and orders. -Any judgment or order for the payment of money or costs or both, or any other order, shall, subject to any special order by the court, and subject to the provisions of these rules, be prepared by the registrar and delivered to the bailiff, who shall within twenty-four hours send the same, by post or otherwise, to the party on whom service has to be made: Provided that it shall not be necessary |