Page:Halsbury Laws of England v1 1907.pdf/706

 — Arbitration.

484 Sect.

Sect. 2.

2,

References for Inquiry or Report.

References for

Inquiry or Report.

Wheu

order

made.

1000. Subject to the right of any party to a trial by jury (o), any question arising in a cause or matter (other than a criminal proceeding by the Crown) may be referred for inquiry or report but the power to order such a reference is only exercised in cases where the question cannot conveniently be decided in the usual way by the Court, as, for instance, where a prolonged examination of documents or of accounts (^), or some scientific or local investigation (g), is necessary, or where, as may be the case when damages have to be assessed, the inquiry involves questions of detail

which would occupy too much time in Court

(r). The Court will only refer for inquiry such questions as must necessarily arise, and not such as are dependent upon the determination of other

issues

An

(s).

order of reference for inquiry or report

Master To

whom

reference

made.

Powers of referee.

may

be

made by

a

(i).

1001. The reference may be made either to an official referee or to a special referee, who may be any person approved by the Court or judge ordering the reference, and may be appointed without the consent of the parties {u). The referee, whether he be an official or a special referee, is deemed to be an officer of the Court {x), and has such authority as is prescribed by the rules of Court {y), and, subject thereto, as the Court or judge directs. In the absence of direction to the contrary, he may fix the place for holding the inquiry {z), and may make a peremptory appointment for the hearing (a). He may have any inspection or view which he may deem expedient (&), and may make an order for the inspection of property (c). He has the same authority as a judge of the High Court with respect to the discovery

and production

(o)

S.

documents

C, Ord. 36

Be

Taijlor (1890), Ch. 196, at p. 213. Ir)

1

See E.

of



4:4^

title

Ch.

{cl).

Practice and Procedure. D. 128; Jlochefoucauld v.

Boiistead, 11S91]

Badisclie Anilinund Soda (q) Broder v. Saillard (1876), 2 Ch. D. 692, at p. 694 Fahrik v. Levindtin (1883), 24 Ch. D. 156, 167. (r) Rust Y. Victoria Graving Bock Co. (1887), 36 Ch. D. 113, at p. 114; Wallis;

V.

Sayers (1890), 6 T. L. E. 356. Weed v. Ward (1889), 40 Ch. D. 555. (t) Arbitration Act, 1889 (52 & 53 Vict. (s)

r.

c.

49), ss. 13, 21; E. S.

C, Ord.

54,.

12a. [u)

Per Pearson,

J.,

Badische Anilin itnd Soda Fahrik

v.

Levinstein, supra,

at p. 167. (x) Arbitration Act, 1889 (52 & 53 Yict. c. '49), s. 15 (1). In Be Palmer (1890), 63 L. T. 302, it was apparently assumed by the judge that this section applies^ to a reference for inquiry. {y) See E. S. C, Ord. 36, rr. 48— 55d. (z)

Ibid.,

(a)

Baroness Wenlock v. Biver Dee Co. (1883), 53 L. J. (q. b.) 208. E. S. C, Ord. 36, r. 48. E. S. C, Ord. 36, r. 50; Macalpine & Co. v. Calder & Co., [1893]

(6) (c)

r.

48.

1

Q. B..

545. (d) Barnett v. AJdridge Colliery Co. (1887), 4T. L. E. 16; Macal;pine Calder & Co., supra.

&

Co.

v..