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shall not, for the purposes of sect. 4 of 38 & 39 Vict. c. 77 (a), be deemed to be or to have been a member of such divisional court.
12. In cases of urgency one judge may officiate for another. 13. As to judges for trial of election petitions.
15. Five or more judges of the High Court may sit to hear criminal appeals, of whom the Lord Chief Justice of England is to be one, unless prevented by illness or otherwise.
22. A solicitor of the Supreme Court of not less than five years' standing may be appointed a district registrar of the High Court.
A district registrar shall not, either by himself or his partner, be directly or indirectly engaged as solicitor or agent for a party to any proceedings whatsoever in the district registry of which he is registrar.
25. The Chief Justice of England is to have the powers of the Chief Justice of the Common Pleas and the Chief Baron of the Exchequer.
STATUTES RELATING TO THE CHANCERY
An Act to make further Provision for the Administration
5 VICT. c. 5.
4. The [Chancery Division] may, upon the application of any party interested, by motion or petition, in a summary way, without [action] restrain the governor and company of the Bank of England or any other public company, whether incorporated or not, from permitting the transfer of any stock in the public funds or any stock or shares in any public company which may be standing in the name of any person or body politic or corporate in the books of the governor and company of the Bank of England, or in the books of any such public company, or from paying any dividend due or to become due thereon. Proviso: The court may, on the application of any party interested, discharge or vary such order and award such costs as the court shall think fit.
The Court of Chancery (Officers) Act, 1867.
30 & 31 VICT. c. 87.
13. Jurisdiction in lunacy may be exercised by either of the Lords Justices alone acting or sitting separately.
(a) See page 414.
The Court of Chancery (Funds) Act, 1872.
35 & 36 VICT. c. 44.
4. On the commencement of this Act the office of the PaymasterGeneral. Accountant-General of the Court of Chancery shall be abolished, and the Paymaster-General shall perform all the duties and exercise all the powers and authorities heretofore performed by or vested in the Accountant-General.
6. All Acts of Parliament, &c., shall, subject to the provisions of this Act, be construed as if the Paymaster-General were therein named in the place of the Accountant-General.
STATUTES RELATING TO THE QUEEN'S
An Act for Determining Differences by Arbitration.
9 WILL. 3, c. 15.
made a rule of
1. Merchants, traders, and others desiring to end any con- Submission to troversy, suit, or quarrel for which there is no other remedy, but award may be by personal action or suit in equity may by arbitration agree court. that their submission of their suit to the award of any person or persons may be made a rule of court, and may insert such agreement in their submission, which agreement being so made and inserted, shall or may, upon producing an affidavit thereof made by one of the witnesses thereto in the court of which the same is agreed to be made a rule, and reading and filing the said affidavit in court, be entered of record in such court, and a rule shall thereupon be made that the parties shall submit to and be concluded by such arbitration; and the party neglecting or refusing to perform and execute the same shall be guilty of contempt of court.
2. Any arbitration procured by corruption or undue means Corrupt may be set aside on complaint being made in the court where arbitration. the rule is made for submission to such arbitration before the last day of the next term after such arbitration made and published to the parties.
An Act for the further Amendment of the Law and the better Advancement of Justice. (a)
3 & 4 WILL 4, c. 42.
39. The power and authority of any arbitrator appointed by Submission to or in pursuance of any rule of court, or judge's order, or order of arbitration not
(a) For other sections of this Act, see pp. 135, 190, 362.
to be revocable.
Sheriff may seize money, bills, notes, &c.
Service on rail
Nisi Prius, in any action, or by or in pursuance of any submission to reference containing an agreement that the same shall be made a rule of court, shall not be revocable by any party to such reference without the leave of the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge, and the arbitrator shall proceed notwithstanding such revocation.
40. The court or a judge may compel the attendance of witnesses before arbitrators, or the production of documents. Conduct money shall be paid, and witnesses need not produce documents which would be privileged on a trial.
41. Power to arbitrators under a rule of court to administer an oath to witnesses.
An Act for abolishing Arrest on Mesne Process, &c. 1 & 2 VICT. c. 110. (a)
11. Power to the sheriff to deliver the whole of the lands of a debtor to a judgment creditor under a writ of elegit instead of a moiety as formerly.
12. The sheriff may, under a fi. fa., seize any money or bank notes, and any cheques, bills of exchange, promissory notes, bonds, specialties, or other securities for money belonging to the judgment debtor, and shall pay to the judgment creditor any such money or bank notes, or a sufficient part thereof; and shall hold any such cheques, &c., as security for the judgment debt, or the balance remaining due, and may sue in the name of such sheriff for the recovery of the sums secured thereby, when the time for payment shall have arrived; and the payment to the sheriff by the party liable on any such cheque, &c., or the recovery and levying execution against him shall discharge him, to the extent thereof, from his liability on any such cheque, &c.; and such sheriff shall pay to the judgment creditor the money so recovered, or such part thereof as shall be sufficient to discharge the amount of levy. The balance (if any) after payment of the sheriff's expenses shall be paid to the judgment debtor. Proviso: The sheriff, before suing as aforesaid, may require the judgment creditor to give security for the costs of the action by bond with two sufficient sureties.
The Railway Clauses Consolidation Act, 1845.
138. Any summons or notice, or any writ or other proceeding at law or in equity, requiring to be served upon a railway company,
(a) For other sections of this Act, see p. 139.
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)
or judge to
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 arbitracation 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.
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
Power to remit.
Application to set aside 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.