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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
LXXXIII. Provided always, and be it Enacted, That if the said Judge in Ordinary in his award shall arbitrate upon any matter or thing no 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 6. cant motion 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
use by the Judge
Register to the Judge
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 Attachment you to 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, Term for the goods 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
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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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lord brougham displayed |
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021 |
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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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