Arbitration.
486 Sect.
2.
References for
Inquiry or Report. Costs of reference.
In taking accounts, it is sometimes advisable that the report should set out the items respectively allowed or disallowed (?•), but in complicated cases this is not necessary (s). The report should, however, provide the materials to enable the parties to question it, and for this purpose the notes of the evidence taken may be considered with the report (t). The referee has no power to make any order as to the costs of the inquiry unless such power is expressly given by the order appointing him. The costs of the inquiry are part of the costs in the cause or matter, and must be dealt with according to the order The remuneration of the Court or judge by whom it is referred. to be paid any special referee to whom any matter is to referred under order of the Court or a judge is to be determined by the Court or judge (u), and after such determination the referee can sue the parties for the amount allowed {x) .
Adoption of report.
1004. The Court or judge may adopt the report of the referee wholly or partially. If and so far as the report be adopted, it may be enforced as a judgment or order to the same effect (y) but until it has been adopted no effect can be given to it (z). The Court or judge may decide the question referred on the evidence taken before the referee, either with or without additional evidence {a), but will not go into the evidence with a view to varying the report at the instance of a party who has not given notice of motion to vary (b). The Court may also require any explanation or reasons from the referee, or may remit the question for further consideration to the same or any other referee (c). If the further consideration of the cause or matter has been adjourned, while the inquiry is pending, any party after the rejDort has been made may apply to the Court or judge to adopt it without notice of motion or summons, but if the party desires to have the report varied or remitted, four days' notice of motion must be given to come on with the further consideration (d). If the further consideration has not been adjourned, any party may apply to the Court by an eight days' notice of motion to adopt or vary or remit the report (e). The time within which the application is to be made is not limited by the rules or otherwise (/).
Variation or remission of report.
(s)
Burrard v. Call slier (1882), 19 Ch. D. Re Taylor (1890), 44 Ch. D. 128.
{t)
Ibid.
(r)
644.
Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (3). Willis V. WakeJey Brothers (1891), 7 T. L. E. 604. In this case the reference was under an order made by the consent of the parties, but the right to recover would seem to be independent of such consent. {y) Arbitration Act, 1889(52 & 53 Vict. c. 49), s. 13(2). (z) Guardians of Mansfield Union v. WHylit (1882), 9 Q.. B. D. at p. 686 (decided under the Judicature Act, 1873 (36 & 37 Vict. c. 66), s. 56). (a) 11. S. C, Ord. 36, r. 52. [h) Re Fitton (1893), 70 L. T. 397. (c) R. S. C, Ord. 36, r. 52. {d) E. S. C, Ord. 36, r. 54 Burrard y. Calisher (1882), 19 Ch. D. 644. (e) E. S. C, Ord. 36, r. 55. In Larldn. />%cZ(1891), 64 L. T. 507, anaction for an injunction to restrain a nuisance, the referee found that there was no nuisance. On' a motion to dismiss the action under Ord. 40, r. 7, it was held that Ord. 36, r. 55, did not apply. (/) Walker v. Bunhell (1882), 31 W. E. 138. {u) x)
.
