a Court or Judge, conveniently be conducted by the Court through its ordinary officers; or

(c) if the question in dispute consists wholly or in part of matters of account;

the Court or Judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before an official or special referee or arbitrator agreed on by the parties, or, failing agreement, before any official referee or officer of the Court appointed by the Court.

21. (1) In all cases of reference to an officer of the Court, or to an official or special referee or arbitrator under an order of 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 or officer of the Court on any such reference shall, unless set aside by the Court or a Judge, be equivalent to a finding of fact by the Court.

(3) The remuneration to be paid to any official or special referee or arbitrator or officer of the Court to whom any matter is referred by order of the Court or a Judge shall be determined by the Court or a Judge or by Rules of Court.

22. The report or award of any officer of the Court or official or special referee or arbitrator may, upon motion by any party after due notice to the other parties, be made a judgment or order of the Court.

23. 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 Ordinance conferred on the Court or a Judge as to references by consent out of Court.

GENERAL.

24. The issue of a subpoena or summons on a witness to compel his attendance and the production of things or documents before an arbitrator, arbitrators, umpire, officer of the Court, and official or special referee, as the case may be, may be procured in

the same way and subject to the same conditions as if the matter were an action pending in the Court;

(a) by any party to a submission
arbitrators, or umpire thereunder ;

or any arbitrator,

(b) by the parties to any reference under any order of Court; or

(c) by any officer of the Court, official or special referee hearing any reference under order of Court;

provided always:

(1) that no person shall be compelled on such subpoena to produce any document or thing, the production. of which would not be compellable on trial of an action;

(2) that the Clerk of the Court of any Resident Magistrate may issue such subpoena in the name and on behalf of the Registrar of the Court upon payment of the same fees as are chargeable for the issue of a subpoena in the Magistrate's Court.

25. The Court or a Judge may order the process of the Court to issue to compel the attendance before a special or official referee or officer of the Court, or before an arbitrator or umpire, of a witness wherever he may be within the jurisdiction of the Court, or may order any prisoner to be brought up for examination before such officer, referee, arbitrator or umpire.

26. Any such officer, referee, arbitrator or umpire may at any stage of the proceedings under a reference, and shall, 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.

27. Any order made under this Ordinance may be made on such terms, as to costs or otherwise, as the authority making the order thinks just.

28. Any person who wilfully or corruptly gives false evidence before any such officer, referee, arbitrator or umpire shall be guilty

of perjury in the same way as if the evidence had been given in open Court, and may be dealt with, prosecuted and punished accordingly.

29. This Ordinance shall not affect any arbitration pending at the date of the taking effect of this Ordinance, but shall apply to any arbitration commenced after such date of this Ordinance under any agreement or order made before such date.

30. Nothing in this Ordinance shall apply to any arbitration under the Expropriation of Lands and Arbitration Clauses Proclamation, 1902, unless all the parties to the arbitration shall otherwise agree in writing, and then the said Proclamation and this Ordinance shall be read together.

31. This Ordinance may be cited as the Arbitration Ordinance, 1904.

SCHEDULE.

Provisions to be Implied in Submission.

(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, then for the decision of any question they must both agree, but if to more than two, then the decision of the majority of arbitrators shall determine all questions.

(c) 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.

(d) 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 if the latter be the earlier date, 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, provided that such further period shall not exceed four months.

(e) 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.

(f) 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 dav to which the umpire by any writing signed by him may from time to time enlarge the time for making his award, provided that such further time shall not exceed three months.

(9) 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, accounts, papers, writings and documents within their possession or power respectively which may be required or called for, and to do all other things which during the proceedings on the reference the arbitrators or umpire may require.

(h) The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath or affirmation.

(i) 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.

(3) The cost 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 so paid as between solicitor and client; provided always, that if no direction be given as to the scale on which such costs are to be taxed they shall be taxed on the tariff allowed in Magistrates' Courts from time to time if the award is such as a Magistrate might have pronounced as a judgment in his Court, but otherwise such costs shall be taxed on the tariff in force from time to time in the Supreme Court.

(k) The oral evidence of witnesses shall be recorded by the arbitrator or arbitrators or umpire before whom it may be given in such manner as may be by him or them from time to time directed, if not recorded by the arbitrator, arbitrators, or umpire themselves.

(1) The umpire shall be at liberty to act upon the evidence recorded before the arbitrators, and to make his award without hearing any witnesses or receiving any fresh evidence; provided nevertheless that he shall be entitled, if he so think fit, to re-hear the witnesses or any of them or to call for further evidence.

(m) The umpire shall be at liberty to sit together with the arbitrators, and to hear the evidence given from time to time, and shall be entitled then and there to decide any interlocutory matter upon which the arbitrators disagree; provided however that the umpire shall not, unless called upon to give an award or unless the parties have requested him so to sit, be entitled to demand remuneration from the parties in respect of his attendance on the reference with the arbitrators.

(n) If the arbitrators, where there is more than one, or a majority of them, cannot agree as to any matter of procedure or any interlocutory question, they may refer such matter or question forthwith to the umpire for decision, and he shall give his decision thereon forthwith.

(0) The arbitrator, arbitrators, or umpire shall be at liberty to proceed ex parte in case any party after reasonable notice shall at any time neglect or refuse to attend on the reference without having shown previously to them what they may consider good and sufficient cause for omitting to attend.

(p) If any party to the arbitration die, the arbitration shall be stayed, subject to any order that the Court may make, until the appointment of an executor or other proper representative of such deceased party, and the time for making an award shall be extended for the same period as may elapse between the death of the party and the appointment of an executor or other proper representative, and such executor or other proper representative shall, when called upon by the other party or parties to the submission to proceed with the arbitration, be subject to the same rules, provisions and conditions as the deceased party.