A Practical And Concise Manual of the Procedure of the Chancery Division of the

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Ap. '. 34. Finally the above rule shoidd be 1'. L 146 TRTAL OF THE ACTION, OR OF ISSTTES OF FACT IN IT.
consent, questions of law cannot be so referred (a) (unless of course the action is regularly referred to arbitra- tion) .
Compulsory Reference. Where the parties do not consent, and there are any issues requiring a pro- longed examination of documents or accounts, or re- quiring any scientific or local investigation which cannot in the opinion of the court or a judge conveniently be made bef
...ore a jury or conducted by the coui't through its ordinary officers, all the issues of fact may be compul- sorily referred to an official or special referee (b).
Limited to Trial of Issues. The powers of trial before official or special referees are limited to the above. In spite of the R. S. C. (many of which contemplate the trial of actions before official or special referees), no such trial can be had before them. They are merely to act as the eyes of the court, to investigate facts, and to report those facts to the comi, and upon that report the court gives judgment on the action being set down on motion for judgment.


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