1924

-318
ORDERS IN COUNCIL
Coramence-
ment of
Trial by jury
in Supreme
•Court.
Trial by
assessors.
-Special case.
• Costs.
•Arbitration.
•Reference of
actions to
special
'Referees
action under this Order shall comprise and be equivalent to a suit, cause,
or petition, or to any civil proceeding, howsoever required by any such
enactment or provision to be instituted or carried on.
91. —(1) Every action shall commence by a summons issued from the
Court, on the application of the plaintiff, and served on the defendant (in
this Order referred to as an original summons); but notwithstanding
this provision, proceedings may be taken in and applications may be
made to the Court in particular classes of cases, in such manner as may
be prescribed by Eules of Court, or, where such manner is not so pre¬
scribed, in such manner as like proceedings and applications are taken
and made in England.
92. —(1) Subject to the provisions of this Order, every action in the
Supreme Court which involves the amount or value of <£150 or upwards
shall, on the demand of either party in writing, filed in the Court seven
days before the day appointed for the hearing, be heard with a jury.
(2) Any other suit may, on the suggestion of any party, at any
stage, be heard with a jury, if the Court thinks fit.
(3) Any suit may be heard with a jury if the Court, of its own
motion, at any stage, thinks fit.
93. —(1) The Supreme Court may, if it thinks fit, hear any action
with assessors.
(2) A Provincial Court shall (subject to the provisions of this
Order) hear with assessors every action which involves the amount or
value of ,£150 or upwards.
(3) In all other cases a Provincial Court may, as it thinks fit, hear
the action either with or without assessors.
94. —(1) After the issue of a summons by any Court, the decision
of that Court may be given upon a special case submitted to the Court
by the parties. .
(2) Any decision of a Provincial Court may be given subject to a
case to be stated by, or under the direction of, that Court for the opinion
or direction of the Supreme Court.
95. Subject to the provisions of this Order and the Eules of Court,
the costs of and incident to all proceedings in the Court shall be in the
discretion of the Court, provided that if the action is tried with a jury
the costs shall follow the event, unless the Court shall for good cause
(to be entered in the Minutes) otherwise order.
Arbitration.
96. —(1) Any agreement in writing between any British subjects or
between British subjects and foreigners to submit present or future
differences to arbitration, whether an Arbitrator is named therein or
not, may be filed in the Court by any party thereto, and, unless a con¬
trary intention is expressed therein, shall be irrevocable, and shall have
the same effect as an order of the Court.
(2) Every such agreement is in this Order referred to as a submission.
(3) If any action is commenced in respect of any matter covered by
a submission, the Court, on the application of any party to the action,
may by order stay the action.
97. —(1) In any action—
(a) If all parties consent, or
(5) If the matters in dispute consist wholly or partly of matters of
account, or require for their determination prolonged examina¬
tion of documents or any scientific or local examination:
the Court may at any time refer the whole action, or any question or
issue arising therein, for inquiry and report, to the Eegistrar or any
special Eeferee.