Page:Halsbury Laws of England v1 1907.pdf/707

 — Part

II.

Eeferences under Order of Court.

485

1002. Unless otherwise directed by the Court or judge, he is to de die in diem {e), but this rule is not imperative, and disregard

sit

Sect

2.

References

for not invalidate the proceedings (/). which the referee is to make is a judicial inquiry Inquiry or Report. by examination of witnesses (g). Evidence is to be taken, and the attendance of witnesses may be enforced by subpoena; and the Conduct of inquiry is to be conducted in the same manner, as nearly as reference. circumstances will admit, as trials are conducted before a judge Qi) but a referee is not bound to take accounts in the exact manner which obtains before Masters in the chambers of the judges of the Chancery Division (i). The order for reference does not usually fix any time within which the referee is to make his report. If a time is fixed and necessity arises for enlarging it, the Court or a judge has power to make an order for the enlargement (/c). When the referee makes his report, he should on the same day give notice thereof to each party by letter directed to his address for service, and the notice is deemed to have been received in due course of post (/).

of

it

will

The

inquir}^



1003. The referee may at any stage of the proceedings, and must 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 {m) and any such question may be submitted for the decision of the Court, or any facts may be specially stated, with power to the Court to draw inferences therefrom, by if

Statement of special case.



the report of the referee It is not the duty of a referee to whom a question has been his referred for inquiry and report to dispose of the matter duty is to find the materials upon which the Court is to act, and his report should be so framed that the Court will be able to determine the matter in question (o). Thus a report by a referee as to damages should state the mode in which the amount has been calculated and the facts on which the calculation is based (p) ; but it is not necessary that the referee should give the reasons for his conclusions, though he may state facts or figures that w^ill assist the Court to revise the report, or to come to a different conclusion {q).

H. S. C, Ord. 36, r. 48. (/) Bobinson v. Robinson (1876), 35 L. T. 337. {(/) Baroness Wenlock v. Biver Bee Co. (1887), 19 Q. B. D. 155. {h) E. S. 0., Ord. 36, rr. 49, o5c. (0 Be Taylor (1890), 44 Ch. D. 128. {k) Arbitration Act, 1889 (52 & 53 Vict. c. 49), ss. 9, 16. (e)

(/) E. S. C, Ord. 36, r. 53. {m) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 19. See as to special case p. 489, post. {n) E. S. C, Ord. 36, r. 52. (o) Melliii V. Moiiico (1877), 3 C. P. D. per Bramwell, L.J., at p. 149 Badische Aniiin und Soda Fabrik v. Levinstein (1883), 24 Ch. D. 156, at

p. 167.

(p) (q)

Mayor of Birmingham Dunkirk

at p. 28.

v. Allen, [1877] W. Colliery Co. v. Lever (1878), 9 Ch.

N. 190. D. 20, per Bramwell, L.J.,

Keferee's report.