Arbitration Act 1839 No 5a (NSW)

No. IV.

An Act to render References to Arbitration more

effectual. [30ft July, 1839.]

WH E R E A S t h e th i rd and four th years of t he re ign of H i s la te Majesty

by a S t a tu t e passed in t he I m p e r i a l Pa r l i amen t in

K i n g Wi l l i am the F o u r t h in t i tu led " An Act for the further amend­

ment of the Laid and the better advancement of Justice" certain pro­ visions a r e made for t h e purpose of render ing references to arb i t ra t ion m o r e effectual a n d w h e r e a s i t is expedient t h a t t h e said provisions should be adopted and b rough t in to legal operat ion in the Colony of N e w Sou th Wales Be i t therefore enacted by H i s Excel lency the

Governor thereof w i th t he advice of t he Legislat ive Council Tha t the

p o w e r and au thor i ty of any a rb i t r a to r or ump i r e appointed by or in

p u r s u a n c e of a n y ru le of Cour t or J u d g e ' s order or order of Nisi Prim

in a n y act ion now b rough t or which shall be hereafter b rough t or by or in pu r suance of any submission to reference conta in ing an agree­ m e n t t h a t such submission shall be m a d e a ru le of t he Supreme Cour t of N e w Sou th Wales shall no t be revocable b y any pa r ty to such reference w i thou t t h e leave of t he Cour t by which such ru le or order shal l be m a d e or which shall be ment ioned in such submission or by leave of a J u d g e of t he said Supreme Cour t and t h e a rb i t ra to r or arbi­ t r a t o r s or u m p i r e shal l and m a y and is or are hereby requi red to

proceed wi th t he reference no twi ths t and ing any such revocat ion and

to m a k e such award a l though t h e person m a k i n g such revocat ion shall

no t af terwards a t t end t h e reference and t h a t t h e said Supreme Cour t or any J u d g e thereof m a y from t ime to t ime enlarge t he t e r m for any

such a r b i t r a t o r or ab i t ra tors or u m p i r e m a k i n g his or the i r award.

2. A n d be i t enacted Tha t when any reference shall have been

m a d e b y any such ru le or order as aforesaid or by any submission conta in ing s u c h agreement as aforesaid i t shall be lawful for t he Cour t by which such ru le or order shall be made or which shall be ment ioned i n such agreement or for any J u d g e by ru le or order to be made for t h a t purpose to command the a t t endance and examina t ion of a n y person to be named or t h e product ion of any document to be men t ioned i n such ru le o r order and the disobedience to any such ru le or o r d e r s h a l l be deemed a con tempt of Cour t if in addi t ion to t he service of such ru le or order an appo in tmen t of t he t ime and place of a t t endance in obedience there to signed by one a t least of t he a rb i t ra to rs

or in any submission to a rb i t ra t ion conta in ing an agreement t h a t t he submission shall be made a ru le of Cour t it shall be ordered or agreed tha t t he witnesses upon such reference shall be examined upon oa th i t

o r by t h e ump i r e before w h o m the a t t endance is requi red shall also be
served ei ther toge ther wi th or after t he service of such rule or order Provided a lways t h a t every person whose a t t endance shall be so requi red shall be ent i t led to t he l ike conduct -money and paymen t of

expenses a n d for loss of t i m e as for and u p o n a t tendance at any t r ia l

Provided also t h a t t h e appl icat ion m a d e to such Cour t or J u d g e for such ru le or order shall set forth t he par t i cu la r county district or place i n said Colony where such witness is residing at t he t ime or satisfy such Cour t or J u d g e t h a t such person cannot be found P r o ­ vided also t h a t no person shall be compelled to produce unde r any such ru le or order any wr i t i ng or other document t ha t he would not be compelled to produce a t a t r ia l or to a t t end at more t h a n two consecutive days to be named in such order.

3 . A n d be it enacted That when in any ru le or order of reference

i t shal l he lawful for t he a rb i t r a to r s or ump i r e or any one arb i t ra tor

and he or they is or a re hereby author ized a n d requi red to adminis ter an oath to such witnesses or t o t ake the i r affirmation in cases where affirmation is allowed by law instead of oa th and if upon such oa th or affirmation any person m a k i n g t h e same shal l wilfully a n d cor rup t ly give any false evidence every person so offending shall be deemed and t aken to be gu i l ty of per jury a n d shal l be prosecuted and punished accordingly.