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Arbitration
( 24 )
by the Judge in Ordinary in matter of law, or misdirection respecting
evidence, or misdecision upon.
Misdecision J. B. Word
Award may
be set aside if
it exceed the
terms of reference.
6. Reinquiry 6.
by Westm.
Hall Court
Motion
LXXXIII. Provided always, and be it Enacted, That if the said Judge
in Ordinary in his award shall arbitrate upon any matter or thing not
referred to him, it shall and may be lawful for the party against whom he
shall have made such award, to apply, by way of 6 motion, within Ten days
if the award be made and notified, to the party in Term time, and if in vacation, within the first Ten days of the next ensuing Term, to one or other of the Courts of Westminster Hall, according to the course of such Court, to set aside such award; which Court shall dispose of such motion according to such course, and according to law.
Execution
upon award
Motion Affidavit
none to name
Not by the Judge
Registrar like
a Judge
Attachment
none &c.
Time for removing the
goods
LXXXIV. And be it Enacted, That no matter of law shall be
stated by the Judge Ordinary in his award, and if no motion shall be
made within the time hereinbefore specified, upon the group of thea ward
being beyond the terms of the reference, execution shall be issued by
the Registrar for any sum ordered to be paid, in like manner as upon the
judgment in any action to be bought by virtue of this act: Provided
always, That the said Judge may specify by his award, that the sums
ordered to be paid shall be paid by installments, and then in that
case such execution shall not be issued until default shall be made in the
payment of some instalment ordered: Provided always, That if there
be any act or thing, other than the payment of money, ordered to be
done by the said award, an attachment shall be issued by the said Judge
against the person refusing to do such act or thing, upon proof to the
satisfaction of the said Judge of such refusal, and of the personal service
upon such party of an examined copy of the said award, and the said
party so refusing shall be committed to the gaol of the county within
which the said Judge is hereby empowered to act: Provided always,
That no such execution or attachment shall be issued until Two weeks
after the filing of the award, if it be filed in term time, or two weeks
after the beginning of the next ensuing Term if the award be filed in
vacation time.
Costs on
award.
LXXXV. And be it Enacted, That the said Judge shall award the
costs to be paid by either party to the other, as he shall think fit, unless
it shall be otherwise agreed upon by the parties in their memorandum
aforesaid; and if any costs are awarded, they shall be added to the sum
awarded, if any, and included in the execution to be issued; and if
nothing is awarded to be paid, execution shall be issued for the costs, as
in the case of actions tried before the said Judge.
Notice and
inspection of
documentary
evidence.
LXXXVI. And be it further Enacted, That if either party in any
action or plaint, or claim of legacy before any Judge in Ordinary, shall
intend to give in evidence any paper writing whatever, he shall give notice
thereof to the other party or his attorney, Four days at the least, before
the sittings at which such actions or claim is to be tried; and the said
judge
Delay day. 4
the elicitation of the evidence as per §. notwithstanding
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Identifier: | JB/004/021/002 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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004 |
lord brougham displayed |
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021 |
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002 |
[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
44 |
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recto |
(2-43) |
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1942 |
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