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Paet

II.

References under Order of Court.

491

Sect. 3. could have exercised (a). If no order as to the costs is made by the referee it has been held that they follow the event, by reason References for Trial, of the statutory provision which makes the report or award equivalent to the verdict of a jury {h). Where the whole of an action has been referred, the order of the referee as to costs cannot be appealed against except by leave (c). Official referees are paid by salary, but on proceedings before them Remuneracertain fees have to be paid according to regulations made by the Lord Chancellor with the consent of the Treasury (d). As regards the remuneration of a special referee, provision is made by the Arbitration Act for its determination by the Court or a judge (^'). The amount is usually fixed by agreement between the referee and the parties, and paid in the first instance, as in arbitrations under a submission out of Court, by the party who takes up the report or award. If there has been no agreement, the referee can apply by summons to have the amount determined, and sue the parties to the reference for the amount fixed by the Court or judge (/).

Sub-Sect. 9, Appeals from the Decision of a Referee or Arbitrator. 1013. The decision of a referee or arbitrator on a reference held Grounds pursuant to an order made under the Arbitration Act, 1889, being ^PP^^^equivalent to the verdict of a jury (g), can be set aside on the same grounds as the verdict of a jury may be set aside (/<). The Court may set aside the judgment directed by the referee or arbitrator if it has been wTongly entered, and enter judgment as it ought to have been entered (?').

An

of

application to set aside findings of the referee or arbitrator Application, to enter some other judgment or to remit the cause or matter to the same or some other referee, is made in the King's Bench Division to a Divisional Court (k), and in the Chancery Division to the judge to whom the action was assigned (/). The application is made by notice of motion. motion to set aside the findings of the referee or arbitrator may be made at any time before judgment is entered {m). After judgment

and the judgment entered thereon, and

A

(a) E. S. C, Ord. 36, rr. o5b, ooc. A Master to whom a cause is referred byconsent under Ord. 14, r. 7, lias the same jurisdiction as to costs (Haycocks, Ltd. V. MidJwlland, [1904] 1 K. B. 145). Carr Brothers v. (6) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (2) Dougherty (1898), 67 L. J. (q. b.) 371. (c) Minister & Co. v. Apperley, [1902] 1 K. B. 643. (d) See Order as to Supreme Court Fees, 1884, Schedule, Nos. 88 91, as amended by order of February 10, 1903. (e) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (3). See Mason, Ltd. v. Lovatt (1907), 23 T. L. E. 486. (/) Willis y. Wakeley Brothers (1891), 7 T. L. E. 604. {g) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 15 (2). (A) L.g., that the finding was against the weight of the evidence [Miller v. Pilling (1882), 9 Q. B. D. at p. 739), or that evidence was improperly admitted or rejected {Be The Maplin Sands (1894), 71 L. T. 594). (/) Clark V. Sonnenschein (1890), 25 Q. B. D. 226. The Goiuer v. Tohitt (1891), 39 "W. E. 193. (^) _E. S. C, Ord. 40, r. 6; Divisional Court may in a proper case order an appellant to give security for costs {J. H. Billington, Ltd. v. Billington, [1907] 2 K. B. 106). (l) Wynne-Finch v. Chaytor, [1903] 2 Ch. D. 475. (m) Bedhorough v. Army and Navy Hotel Co. (1884), 50 L. T. 173. The party moving should give two clear days' notice of the motion (Ord. 52, rr. 1,5).

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