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Equity, before one or other of the said Judges in Ordinary, by way of reference to the arbitrament of the said Judge; and such memorandum shall set forth the matter in dispute; which memorandum being filed with the Registrar of such Judge, shall be final and binding upon both parties, and shall not be capable of being revoked or rescinded by either without the consent of the other in writing; and the Registrar shall appoint a time when the said Judge shall hear the said matter, and shall issue a summons or summonses for any witness | Equity, before one or other of the said Judges in Ordinary, by way of reference to the arbitrament of the said Judge; and such memorandum shall set forth the matter in dispute; which memorandum being filed with the Registrar of such Judge, shall be final and binding upon both parties, and shall not be capable of being revoked or rescinded by either without the consent of the other in writing; and the Registrar shall appoint a time when the said Judge shall hear the said matter, and shall issue a summons or summonses for any witness or witnesses whose attendance either party may desire to have, such summons to be according to the provisions of this Act in cases of action or plaint, and such witness or witnesses so summoned and not attending or not answering, to be dealt with in all respects as is hereinbefore directed in the case of actions or plaints. | ||
LXXX. And be it Enacted, That the said Judge shall proceed to hear the matter so to him referred as an arbitrator, and shall have power to examine the parties upon their oaths, and shall adjourn the hearing of the matter from time to time as he shall think fit, and shall direct what other evidence he may require to be brought before him, whether it be by witnesses or by documents, and after hearing the whole matter he shall make his award in writing, which award shall be final and conclusive to all intents and purposes, and shall be filed with the Registrar, and may be pleaded and given in evidence, or an examined copy thereof may be given in evidence in all courts of law or equity: Provided always, That if either party shall desire that any matter of law should be stated on the said award, or if the Judge himself shall think fit, he shall state such matter in his award for the purpose of raising the question for the decision of any Court of law or equity, upon which both parties may agree, or in the event of their disagreeing, for the decision of such Court as the Judge shall appoint. | |||
LXXXI. And be it Enacted, That it shall be lawful for the said Judge, if he thinks any part of the matter referred to him fit for being tried by a jury, to try the same in like manner as actions are directed to be tried before him by this Act; and the verdict of such jury shall be binding upon his judgment, unless he directs a new trial, which he is hereby authorized to do; and if either party shall desire him to state in his award any direction to the jury given by him in matter of law, or any decision upon admitting or rejecting any evidence before the jury, he shall state such direction or decision, and it may at the instance of either party be brought before such court of law as both may agree upon, or as the said Judge, in default of their agreeing, may appoint. | |||
LXXXII. And be it Enacted, That the decision of the court before whom such matter of law, or direction or decision shall be brought shall be final: Provided always, That such court may direct a new trial of any matter that has been tried by a jury, on the ground of misdirection by | |||
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This Page Has Not Been Transcribed Yet
Equity, before one or other of the said Judges in Ordinary, by way of reference to the arbitrament of the said Judge; and such memorandum shall set forth the matter in dispute; which memorandum being filed with the Registrar of such Judge, shall be final and binding upon both parties, and shall not be capable of being revoked or rescinded by either without the consent of the other in writing; and the Registrar shall appoint a time when the said Judge shall hear the said matter, and shall issue a summons or summonses for any witness or witnesses whose attendance either party may desire to have, such summons to be according to the provisions of this Act in cases of action or plaint, and such witness or witnesses so summoned and not attending or not answering, to be dealt with in all respects as is hereinbefore directed in the case of actions or plaints.
LXXX. And be it Enacted, That the said Judge shall proceed to hear the matter so to him referred as an arbitrator, and shall have power to examine the parties upon their oaths, and shall adjourn the hearing of the matter from time to time as he shall think fit, and shall direct what other evidence he may require to be brought before him, whether it be by witnesses or by documents, and after hearing the whole matter he shall make his award in writing, which award shall be final and conclusive to all intents and purposes, and shall be filed with the Registrar, and may be pleaded and given in evidence, or an examined copy thereof may be given in evidence in all courts of law or equity: Provided always, That if either party shall desire that any matter of law should be stated on the said award, or if the Judge himself shall think fit, he shall state such matter in his award for the purpose of raising the question for the decision of any Court of law or equity, upon which both parties may agree, or in the event of their disagreeing, for the decision of such Court as the Judge shall appoint.
LXXXI. And be it Enacted, That it shall be lawful for the said Judge, if he thinks any part of the matter referred to him fit for being tried by a jury, to try the same in like manner as actions are directed to be tried before him by this Act; and the verdict of such jury shall be binding upon his judgment, unless he directs a new trial, which he is hereby authorized to do; and if either party shall desire him to state in his award any direction to the jury given by him in matter of law, or any decision upon admitting or rejecting any evidence before the jury, he shall state such direction or decision, and it may at the instance of either party be brought before such court of law as both may agree upon, or as the said Judge, in default of their agreeing, may appoint.
LXXXII. And be it Enacted, That the decision of the court before whom such matter of law, or direction or decision shall be brought shall be final: Provided always, That such court may direct a new trial of any matter that has been tried by a jury, on the ground of misdirection by
Identifier: | JB/004/021/001"JB/" can not be assigned to a declared number type with value 4. |
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1830-06-21 |
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[[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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