(6.) Any witness may be summoned to prove the means of a judgment debtor in the same manner as witnesses are summoned to give evidence at a trial.

188. When on the return day of a judgment summons the judgment debtor shall satisfy the Court that he has been adjudicated a bankrupt, and that the debt was provable in the bankruptcy, or that, in respect of the debts, resolutions have been duly registered under any bankruptcy law for the time being in force, no order of commitment shall be made.

Where, after commitment, the judgment debtor shall file in Court an affidavit to the same effect, and at the same time give notice to the judgment creditor of the filing of the affidavit, the order of commitment shall not issue, or, if issued, shall be recalled.

189.-(1.) An order of commitment under Article 89 of the principal Order shall bear date on the day on which it was made, and shall continue in force from one year from such date and no longer, unless the Court thinks fit to enlarge the time by an extension indorsed on the order of commitment.

(2.) When an order of commitment for non-payment of money is issued, the defendant may

(a.) Before being delivered into the custody of the gaoler pay to the Marshal the amount indorsed on the order, on receipt of which the Marshal shall discharge the defendant, and shall, within twentyfour hours, pay over to such person as the Court may from time to time appoint the amount received.

(b.) After being delivered into the custody of the gaoler, pay the amount indorsed on the order of commitment into Court or to the gaoler in whose custody he is. When the money is paid into Court, the Registrar shall sign and seal a certificate of payment, upon receipt of which the gaoler shall forthwith discharge the judgment debtor; and when it is paid to the gaoler he shall sign a certificate of payment, and forthwith discharge the judgment debtor, and shall pay over the amount so received to the proper officer within twenty-four hours.

190. If a judgment debtor appears on the return day of a judgment summons, but the judgment creditor fails to appear, the Court may award costs to the judgment debtor.

191. All costs incurred by a plaintiff in endeavouring to procure or enforce an order or judgment shall be deemed to be due in pursuance of such order or judgment, unless the Court shall otherwise order.

192. No warrant against the goods or judgment summons shall issue on a judgment more than six years old, unless some payment has been made by the judgment debtor into Court within twelve calendar months previously, or unless by leave of the Court; but no

notice need be given to the debtor before applying for such leave. and such leave shall be expressed on the warrant or judgment summons under the seal of the Court.

Interpleader.

193. Where any claim is made to, or in respect of, anything taken in execution under the process of the Court, or in respect of the proceeds or value thereof, the Marshal shall apply to the Court for an interpleader summons, and the Registrar shall issue such summons without leave of the Court.

An interpleader summons shall be served in the same time and mode as has been directed for the service of a summons in an action, and the case shall proceed as if the claimant were the plaintiff, and the execution creditor the defendant.

194. Two clear days before the return day of the summons the claimant shall deliver to the Marshal, or leave at the office of the Registrar, particulars of the goods or chattels he alleges to be his property, and the ground of his claim, or, in case of a claim for rent, of the amount of such rent, and for what period, and in respect of what premises the rent is claimed to be due; and the name, address, and description of the claimant shall be fully set out in such particulars, and any money paid into Court under the execution shall be retained by the Registrar until the claim has been adjudicated upon; but by order of the Court, or with the consent of all parties, an interpleader claim may be tried, although this Rule has not been complied with.

195. Where a claimant to goods taken in execution claims damages from the execution creditor or from the Marshal for, or in respect of, the seizure of the goods, he shall, in the particulars of his claim, state the amount he claims for damages, and the ground upon which he claims such damages. And where he claims damages from the Marshal arising out of the execution of any process, he shall, three clear days before the return day, deliver to the Marshal a notice of his claim, stating the grounds for, and the amount of such claim.

196. Where a claim for damages is made against the Marshal and execution creditor, or either of them, they, or either of them, may pay into Court an amount in full satisfaction of such claim, and such payment into Court shall be made in the same manner, and have the same effect, and the parties respectively shall have the same rights and remedies as they would have by the practice of the Court if the proceedings had been an action in which the claimant was plaintiff, and the Marshal and judgment creditor defendants.

197. Where the claim under any interpleader summons shall be decided against the claimant, the costs of the Marshal allowed by the Court shall be retained by the Marshal out of the amount levied, unless the Court shall otherwise order, but without prejudice to the right of the execution creditor against the claimant for the sum so retained.

198. Where the defendant in an action brought by the assignee of a debt or chose in action has had notice that the assignment is disputed by the assignor or any one claiming under him, or has had notice of any other opposing or conflicting claim to such debt or chose in action, he may, within five days after service of the summons, apply to the Registrar for a summons against the assignor, or the person making such conflicting claim; and the Registrar shall thereupon issue an interpleader summons, returnable as soon as conveniently may be, and upon the return day the Court shall hear the case of the defendant and of the plaintiff in the action, and also of the assignor disputing such assignment, or of the person making such opposing or conflicting claim, and shall give such judgment therein as shall finally determine the rights and claims of all parties as if the same had been an ordinary action into which a third party had been introduced by counter-claim.

199. Where the defendant in an action brought by the assignee of a debt or chose in action has had notice as in the last preceding Rule mentioned, and thinks fit to pay the debt and costs into Court to abide its decision, he shall, upon such payment into Court, give to the Registrar the name of the person against whose dispute of the assignment or conflicting claim he desires to be protected; and the Registrar shall thereupon give notice to such person, and on the return day the Court shall determine the rights of the parties, and may, if it thinks fit, order the defendant to pay all or any part of the costs.

Arbitration.

200.—(1.) Unless the submission otherwise provides, the reference shall be to a single Arbitrator.

(2.) 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.

(3.) When the parties do not concur in the appointment of a single Arbitrator, or when one party makes default in appointing one of two Arbitrators, or when an Arbitrator or Umpire refuses to act, or becomes incapable of acting, or dies, any party may serve the other parties or the Arbitrators (as the case may be) with notice to make such appointment or supply such vacancy; and if the appoint

ment is not made within seven clear days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an Arbitrator or Umpire, who shall act in like manner as if he had been appointed by consent of all parties.

(4.) The parties to the reference, and all persons claiming under them, shall, subject to any legal objection, submit to be examined by the Arbitrators or Umpire in relation to the matters in dispute, and shall, subject as aforesaid, produce all such books, papers, and other documents as may be required of them.

201.-(1.) The Arbitrators shall make their award within three months after entering on the reference, or being called on to act by a notice in writing, unless the order for reference contains a different limit of time.

(2.) The Court may, if it thinks fit, on application, enlarge the time for making award, the reasons for enlargement being on each occasion entered in the Minutes.

(3.) If the Arbitrators have allowed their time to expire without making an award, or cannot agree, an Umpire may enter on the reference in lieu of the Arbitrators.

(4.) The Umpire shall make his award within one month after the expiration of the time fixed for the making of award at the time when he entered on the reference. The award shall be in writing, signed by the Arbitrators or Umpire making it.

(5.) It shall contain a conclusive finding, and not find on the contingency of any matter of facts afterwards substantiated or deposed to.

(6.) It shall comprehend a finding on each of the several matters referred.

(7.) The award shall be final and binding on the parties and the persons claiming through them respectively.

202.-(1.) Where it appears to the Arbitrators or Umpire that any difficult question of law is involved in, or raised by, the facts as finally ascertained by them or him, they or he may, if it seems to them or him fit, state the award as to the whole or any part thereof, in the form of a case for the opinion of the Court.

(2.) The Court shall consider and deliver judgment on the case as with any other special case.

203.-(1.) The Arbitrators or Umpire shall have power to award the costs of the reference in the whole or in part.

(2.) But an award respecting costs shall not preclude a party against whom costs are awarded from applying to the Court to tax the costs, and on that application the costs, including the remuneration (if any) of the Arbitrators and Umpire, or any of them, shall be taxed at a reasonable rate by the Court, and the Court shall make such order respecting the costs of taxation as the Court thinks fit.

204.-(1.) The Arbitrators or Umpire making an award shall, within the time limited, deposit the award in the proper office of the Court, inclosed in a sealed cover, and indorsed with the names of the parties to the reference, and with a note of the amount claimed by the Arbitrators and Umpire for remuneration.

(2.) Notice of the award having been deposited shall be served by the Court on the parties, who shall be at liberty to read the award, and to have copies of it.

(3.) Any person interested may, within seven days after notice of the award, apply to the Court to prevent the execution of the award, or of any specified part of it.

(4.) In default of any such application, the award shall be entered as the judgment in the cause, and shall be as binding and effectual to all intents as if given by the Court, and execution may issue and all things be done thereupon as upon a judgment of the Court.

205. The Court may at any time remit the matters referred, or any of them, to the reconsideration and redetermination of the Arbitrators or Umpire, or may, in case of the Arbitrators refusing or neglecting to act, or with the consent of both parties, revoke the reference, or order another reference to be made in the same manner, on such terms as to costs and other matters as the Court thinks fit. 206. The Court shall not refuse to execute an award merely on the ground of irregularity in the submission, or during the reference, where the irregularity has not been substantially prejudicial to any party objecting.

Attachment of Debts.

207. Where a plaintiff is desirous that the defendant shall be orally examined after judgment has been given against him as to what debts are due and owing or accruing to him, the plaintiff' shall, before such examination, give the Registrar a statement in writing of the name, address, and description of the person or persons within the jurisdiction of the Court whom he considers to be indebted to the defendant.

208. When such a statement has been lodged, the defendant, after judgment has been given against him, may be examined before the Court as to any debts due, owing, or accruing to him from any persons mentioned in the statement; and if any such person be then present, he may be required forthwith, if he admits the debt, to show cause why he should not be ordered to pay into Court, for the benefit of the judgment creditor, the amount of such debts, or such portion of it as will satisfy the judgment debt; and the Court may make an order for the payment of such debt, or such portion as will satisfy the judgment debt; and such order shall be entered in the [1899-1900. XCII.]

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