of disputes which may arise, and, disputes having arisen, proceedings for the determination of them by arbitration have been commenced, and the machinery of the law has thereby been introduced, so that the disputes have been crystallised and brought for determination before an arbitrator, who is then acting in the exercise of a jurisdiction subject to the sanction and control of the Court, it seems to me that an order of the Court such as that in the present case, which does not determine any of those disputes, but leaves them where they were, and merely asserts an informality in the award which has been given, is only interlocutory. It decides none of the rights in dispute; and the Court retains its jurisdiction over the arbitration, and could send the matter back to the same or another arbitrator." An appeal lies on a question of law from a decision of a County Court judge on the hearing of an application to set aside an award under the Agricultural Holdings Act, 1908 (Williams v. Wallis, [1914] 2 K. B. 478). SECTION 12. ENFORCEMENT OF AWARD. 1. Previous legislation. 2. Effect of the section. Execution. Execution levied an act of bankruptcy. When award will not be enforced as a judgment. 3. Practice. Application for leave to enforce award. Time. Appeal. Costs. 4. Enforcement of award by action. Action after proceedings for attachment. Action upon a foreign award. Recovery of costs. Recovery of interest. Statement of claim. Defence. Pleading invalidity of award. Proof of appointment of umpire. Reference to several arbitrators. Misconduct or mistake of arbitrator. Disputes as to facts on which award based. Statute of Limitations. Revocation of submission. Excess of jurisdiction. Disobedience not purged by imprisonment for a term. 7. Enforcement of award by rule to pay amount awarded. Discretion of Court. When rule refused. Set-off. Lands Clauses and Public Health Acts. Rule to pay no longer of advantage. Practice. 8. Enforcement of award by mandamus. 9. Enforcement of part of award. Bad part separable. Bad part inseparable. 10. Enforcement of award after bankruptcy of party. Penalty in arbitration bond a good petitioning creditor's debt. 12. An award on a submission may, by leave of the Court or a judge, be enforced in the same manner as a judgment or order to the same effect. 1. Previous legislation. By s. 1 of 9 Will. III. c. 15, it was provided, inter alia, that "in case of disobedience to such arbitration or umpirage, the party neglecting or refusing to perform and execute the same, or any part thereof, shall be subject to all the penalties of contemning a rule of Court when he is a suitor or defendant in such Court, and the Court on motion shall issue process accordingly. . . unless it shall be made appear on oath to such Court that the arbitrators or umpire misbehaved themselves and that such award, arbitration, or umpirage was procured by corruption or by undue means." By the Common Law Procedure Act, 1854, s. 17, it was provided that "every agreement or submission to arbitration by consent, whether by deed or instrument in writing, not under seal, may be made a rule of any one of the superior Courts of law or equity at Westminster, on the application of any party thereto, unless such agreement or submission contain words purporting that the parties intend that it should not be made a rule of Court. . . ." The above provisions were repealed by the Arbitration Act, 1889. Ss. 17 and 18 of the Judgments Act, 1838 (1 & 2 Vict. c. 110), which still remain in force so far as material, are as follows: 17. That every judgment debt shall carry interest at the rate of £4 per centum per annum from the time of entering up the judgment, or from the time of the commencement of this Act in cases of judgments then entered up and not carrying interest, until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment. 18. That all decrees and orders of Courts of equity, and all rules of Courts of common law, and all orders of the Lord Chancellor or of the Court of review in matters of bankruptcy, and all orders of the Lord Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses, shall be payable to any person, shall have the effect of judgments in the superior Courts of common law, and the persons to whom any such monies, or costs, charges, or expenses, shall be payable, shall be deemed judgment creditors within the meaning of this Act; and all powers hereby given to the judges of the superior Courts of common law with respect to matters depending in the same Courts shall and may be exercised by Courts of equity with respect to matters therein depending, and by the Lord Chancellor and the Court of review in matters of bankruptcy, and by the Lord Chancellor in matters of lunacy; and all remedies hereby given to judgment creditors are in like manner given to persons to whom any monies, or costs, or expenses, are by such orders or rules respectively directed to be paid. This Act, which gives to a rule of Court for the payment of money the effect of a judgment, afforded, before the Arbitration Act, a simple and summary method of obtaining execution as on a judgment for the amount awarded, whenever the submission had been or could be made a rule of Court. The application of the Act is dealt with later, but it is no longer of the value that it was before the Arbitration Act, s. 12 of which affords a readier method of arriving at the same result. 2. Effect of the section. In In re Willesden Local Board and Wright, [1896] 2 Q. B. 412, at p. 417, A. L. Smith, L.J., said: "I read that section [s. 12], coupled with s. 24 of the same Act, to mean that where an award has definitely settled the rights and liabilities of the parties so that they cannot be further litigated, in such a case either party may ask, under s. 12, that judgment may issue on the award." The section, however, gives no power to the Court to direct judgment to be entered in accordance with an award. Illustration. In arbitration proceedings by agreement between A. and B. an award was made in favour of A., who applied under s. 12 of the Arbitration Act that the award might be enforced. The Master directed that the award be enforced and "that judgment be entered in accordance therewith." By a judgment in accordance with this order it was adjudged that B. should pay the amount of the award to A. An application to a registrar in bankruptcy to issue a bankruptcy notice was refused on the ground that the judgment was not a final judgment. in an action within s. 4 (1) (g) of the Bankruptcy Act, 1883. On appeal, it was held by the Court of Appeal that this decision was right, since s. 12 gave no power to turn an award into a judgment, but merely gave to an award the same status as a judgment for the purpose of enforcement (In re a Bankruptcy Notice, [1907] 1 K. B. 478). At p. 482, Fletcher Moulton, L.J., said: "That section .. gives no power to turn an award into a judgment. It gives to the award the same status as a judgment for the purpose of enforcement, but it leaves it what it was before, viz. an award. Therefore, in my opinion, the insertion in the Order of the direction that judgment should be entered was without jurisdiction." The fact that leave to enforce an award as a judgment under the section has been obtained does not prevent the applicant bringing an action on the award. Illustration. The successful party under an award obtained leave to enforce the award as a judgment under s. 12 of the Arbitration Act. He subsequently brought an action upon the award. Held that the action lay (China Steam Navigation Co. v. Van Laun (1905), 22 T. L. R. 26). Execution. When an order under this section has been obtained, execution thereon may be enforced in the manner provided by Order XLII. (see especially rr. 1, 2, 3, 5, 6, 7, 9, 19, 22, 31, 31▲, 33, and also Table of Official Requirements (Executions) (1916), No. 72 (h)). The Court, when dealing with similar words in the Workmen's Compensation Act, 1897, in reference to the enforcement of the memorandum of compensation, held that a committal order against the employer was a proper means for the purpose. Illustration. The Workmen's Compensation Act, 1897, Schedule II. (8), provided that a memorandum of the compensation awarded by the arbitrator, |