may be served by the same being left at or transmitted through the post directed to the principal office of the company, or one of their principal offices where there shall be more than one, or being given personally, to the secretary, or in case there be no secretary, then by being given to any one director of the company.

The Common Law Procedure Act, 1854.

17 & 18 VICT. c. 125. (a)

3. If it be made to appear at any time after the issuing of Power to court the writ to the satisfaction of the court or judge upon the appli- direct arbitraor judge to cation of either party, that the matter in dispute consists wholly tion before trial or in part of matters of mere account which cannot conveniently be tried in the ordinary way, such court or judge may upon such application, if they or he think fit, decide such matter in a summary manner, or 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 or judge shall think reasonable; and the decision or order of such court or judge, 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.

of fact tried.

4. If it shall appear to the court or a judge that the allowance Special case may or disallowance of any particular item or items in such account be stated or issue 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 a judge upon the consent of both parties as herein before provided, such court or judge may 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 judge upon such issue or issues, shall be taken and acted upon by the arbitrators as conclusive.

case.

5. The arbitrator upon any compulsory reference under this Arbitrator may Act, or upon any reference by consent of parties where the sub-state special mission is or may be made a rule or order of any of the superior courts of law or equity at Westminster, if he shall think fit, and if it is not provided to the contrary, may 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.

6. If upon the trial of any issue of fact by a judge under this Power to judge Act, it shall appear to the judge that the questions arising trial to drect

(a) For other sections of this Act, see post, title "Statutes Relating to Evidence and Witnesses."

at the time of

arbitration.

Proceedings upon arbitration.

Power to remit.

Application to set aside award.

Enforcing award.

Where action brought by one party after all

have agreed to arbitration.

thereon involve matter of account which cannot conveniently be tried before him, he may, at his discretion, 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 judge shall think reasonable; and the award or certificate of such referee shall have the same effect as herein before provided as to the award or certificate of a referee before trial; and it shall be competent for the judge to proceed to try and dispose of any other matters in question, not referred, in like manner as if no reference had been made.

7. The proceedings upon any such arbitration as aforesaid shall, except otherwise directed hereby, or by the submission or document authorising 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.

8. In any case where reference shall be made to arbitration as aforesaid, the court or a judge may at any time, and from time to time, remit the matters referred, or any or either of them, to the reconsideration and redetermination of the arbitrator, upon such terms as to costs and otherwise as to the said court or judge may seem proper.

9. All applications to set aside any award made on a compulsory reference under this Act, shall and may be made within the first seven days of the term next following the publication of the award to the parties, whether made in vacation or term (a); and if no such application is made, or if no rule is granted thereon, or if any rule granted thereon is afterwards discharged, such award shall be final between the parties.

10. Any award made on a compulsory reference under this Act, may, by authority of a judge, on such terms as to him may seem reasonable, be enforced at any time after seven days from the time of publication, notwithstanding that the time for moving to set it aside has not elapsed.

11. Whenever the parties to any deed or instrument in writing to be hereafter made or executed, or any of them, shall agree that any then existing or future difference 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 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

(a) See, however, now, O. LXIV., r. 14.

agreed to be referred, or any of them, the court in which action or suit is brought, or a judge thereof 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 or concur in all acts necessary and proper for causing such matters so to be decided by arbitration, may make a rule or order staying all proceedings in such action or suit, on such terms as to costs or otherwise as to such court or judge may seem fit. Proviso: Any such rule or order may at any time afterwards be discharged or varied as justice may require.

parties or arbi

arbitrator or

12. If in any case of arbitration the document authorising On failure of the reference provides that the reference shall be to a single trators, judge arbitrator, and all the parties do not after differences have arisen may appoint concur in the appointment of an arbitrator, or if any appointed umpire. arbitrator refuse to act, or become incapable of acting, or die, and 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 the document authorising 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, any judge of a Superior Court may, on summons being taken out by the party having served such notice, appoint an arbitrator, umpire, or third arbitrator, as the case may be, who shall respectively have the like power to act in the reference and make an award as if appointed by consent of all parties.

trators and one

13. When the reference is or is intended to be to two arbitra- Where reference tors, one appointed by each party, either party may in case of is to two arbithe death, refusal to act, or incapacity of any arbitrator appointed party fails to by him, substitute a new arbitrator, unless the document autho- appoint. rising 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

FF

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. Proviso: The court or a judge may revoke such appointment on such terms as shall seem just. 14. When the reference is to two arbitrators, and the terms appoint umpire. of the document authorising it do not show that it was 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.

Arbitrators may

Time for making award.

Rule to deliver possession of land.

15. 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 time for making the award; and the Superior Court of which such submission, document, or order is or may be made a rule or order, or any judge thereof, may, for good cause to be stated in the rule or order for enlargement, from time to time enlarge the time 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 have been appointed he may 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.

16. When any award made on any such submission, document, or order of reference as aforesaid, directs that possession of any lands or tenements capable of being the subject of an 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, the court of which the document authorising the reference is or is made a rule or order, may order any party to the reference who shall be in possession of any such lands or tenements, or any person in possession thereof claiming under or put in possession by him since the making of the document authorising 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.

submission in

court, unless

tion appear

17. Every agreement or submission to arbitration by consent, Agreement or whether by deed or writing not under seal, may be made a rule writing may be of any one of the Superior Courts of law or equity on the applica- made rule of tion of any party thereto, unless such agreement or submission contrary intencontain words purporting that the parties intend that it should not be made a rule of court; and if in any such agreement or submission it is provided that the same shall or may be made a rule of one in particular of such Superior Courts, it may be made a rule of that court only; and if when there is no such provision a case be stated in the award for the opinion of one of the Superior Courts, and such court be specified in the award, and the document authorising the reference have not, before the publication of the award to the parties, been made a rule of court, such document may be made a rule only of the court specified in the award; and when in any case the document authorising the reference is or has been made a rule or order of any one of such Superior Courts, no other of such courts shall have any jurisdiction to entertain any motion respecting the arbitration or award.

The Common Law Procedure Act, 1860.

23 & 24 VICT. c. 126.

forfeiture.

1. In the case of an ejectment for a forfeiture brought for Relief against non-payment of rent, the court or a judge shall have power upon rule or summons to give relief in a summary manner, but subject to appeal, upon the same terms and conditions as the [Chancery Division].

22. The provisions of the 19 & 20 Vict. c. 108, relating to Replevin. replevin, shall apply to all cases of replevin in like manner as to the cases of replevin of goods distrained for rent or damage feasant.

STATUTES RELATING TO THE PROBATE AND

DIVORCE COURTS.

PROBATE ACTS.

The Court of Probate Act, 1857.

20 & 21 VICT. c. 77.

4. The voluntary and contentious jurisdiction and authority in Testamentary relation to the granting or revoking probate of wills and letters jurisdiction to be

FF 2

exercised by Court of Probat