ARBITRATION CLAUSE-continued. lease, in, 315. partnership articles, in, 316. policy of insurance, in, 317. submission by, 364. unfair terms in, 98. ARBITRATOR, acceptance of office by, 366. act done by, when functus officio, 433. action by, for fees, 196. adopting opinion of another person as his own, 269. appointment of, agreement to refer, in, 49. Companies Clauses Act, 1845, under, 48. Court's power as to, 100, 116-128. duty to see that in order, 366. executor of deceased party, by, 31. failure of party as to, 100, 397, 407. Lands Clauses Act, 1845, under, 48. mode of, 324, 325. mutual agreement, by, 131. new, on death, &c., 63, 129, 134. none named in submission, where, 364. notification of, 126, 133, 363-365. parol, 323. person in official position, by, 120. Railway Companies Arbitration Act, 1859, under, 48. Railways Clauses Act, 1845, under, 48. reference out of Court, in, 424. refusal to nominate, procedure on, 51. "arbitrators" includes single arbitrator, 335. authority of, commencement of, 338. delegation of, 199, 221, 399-406, 409. excess of, 57, 59, 60, 67, 229, 233-235, 274, 289, 415-417. implied, 369. irrevocability of, 49, 324. limitation of, 63, 81. matters accruing before and after submission, as to, 83. submission defining, 76, 371. termination of, 38, 179, 232, 342, 368, 398. award as evidence for, 481, 482. barrister as, 11, 246. bias of. See Bias; Interest; Partiality. breach of contract by, 197. bribery of, 248. "called on to act," meaning of, 336. calling witness on own account, 388. collusion of party with, 110. concealed interest, disqualified on account of, 37. condemned in costs, when, 254, 255. conduct of reference by. See Conduct of Reference. conferring with party appointing him, 408. consultation of Court on question of law by, 55, 305. contract of employment, acts under, 196. ARBITRATOR-continued. corruption of, 68, 197, 204. costs, power over. See Costs. Court without power to appoint, jurisdiction of, 98, 100. debtor to party, effect of, 39, 68, 69. definition of, 33. delegation by, 199, 221, 399-406. to one another, 409. of duties of, 394. departing from judicial rules, 199, 362. difference of opinion among, deference to one in case of, 409. discretion of, 362, 375, 376. scrutiny of, 276. disqualification of, 33, 34, 57, 62. during proceedings, 62. disregard of law by, 199, 362. duty of, commencement of, 366. enlargement of time, as to, 157, 342, 368. enlargement of time, duty as to, 157, 342, 368. evidence, duty as to, 377, 380-382. receiving inadmissible, 57-59, 70. excess of jurisdiction by, 57, 59, 60, 67, 229, 233-235, 274, 289, 415-417. excluding person entitled to be present, 199. ex parte, proceeding, 199, 395. explanations as to award by, 246. failure or neglect of, act, to, 63, 123. time for award, as to, 63, 353. incapacity of, 63, 397. insulting conduct towards, 378. interested party as, 37, 42, 62, 414. joint action by, required, 410. duties of, 406-411. separate action by, 408, 409. judge as, 35, 206, 209, 212. compared with, 33. judicial character of functions of, 318, 358-360, 362, 406-408. procedure, bound to follow, 380. jurisdiction of. See Jurisdiction. law, question of, power over, 53. lawyer as, consultation of other lawyers by, 404. lay, professional assistance to, 405. legal as distinguished from lay, 207, 209. liability for breach of contract by, 197. ARBITRATOR-continued. lien of. See Lien. limited powers of, as a ground for refusal to stay proceedings, 98. inember of particular association as, 203. misconduct of. See Misconduct. misleading or deceiving, 204. mistake of. See Mistake. mutually agreed upon, as distinguished from separate choice, 131. new, appointment of, 123, 129, 130, 134, 333, 334. remission of award to, 179, 180. non appointment of, procedure on, 51. none named in submission, procedure in case of, 324, 364. number usually appointed, 123. officer of Court, as, 366, 425. . omission of, to deal with matters brought to his attention, 269. opinion of counsel, stating case for, 142. of Court, acting on, 55, 305. of third person, adopting, 269. parol appointment of, 323. partiality, guilty of. See Partiality. powers and duties of, 135-151, 216, 400. implied, 358, 369. remitted award, in, 187-190. time, as to, 157, 342, 368. presence of all at hearing, required, 410. privilege of, judicial, 275, 276. professional assistance to, 403-405. property of, benefiting by award, 41. Public Health Act, 1875, s. 150, jurisdiction under, 10. question submitted to, must deal with, 132, 216, 386. referee under order of Court, distinguished from, 365. refusal of, act, to, 57, 117, 118, 120, 121, 123, 125, 333, 334, 386, 411. concur in award, to, 411. hear evidence, to, 58, 59, 62, 398. relationship to party, effect of, 37, 202. removal of. See Removal. remuneration of. See Fees; Remuneration. reservation by, on stating special case, 148. revocation of authority of, 46, 57, 60. marriage of female party, on, 19. same subject-matter to be dealt with by each, 132. secretly informed by one side, 361. several, all must concur where, 433. shareholder in interested company as, 38. signing at different time or place, 270. single, reference to, 117-119, 324, 335. sitting with umpire, 347, 412, 413. skill and knowledge required of, 105, 373. award by, 129, 130. some only acting, effect of acts of, 341. special case, power to state, 53, 55, 302-308. referee, distinguished from, 425, 426. specially qualified, reference to, 105. ARBITRATOR-continued. stakeholder, as, 47. statement by, subsequent to award, 248. statutory, Common Law Procedure Act, 1854, s. 13, under, 51. statutory declaration by, 367. steward of race as, 36. substitution of new, on death, &c., 333, 334, 397. taken by parties for better or for worse, 206, 209, 212. third, appointment of, by arbitrators, 408, 410. by Court, 116, 118, 126, 127. distinguished from umpire, as, 420. duties of, 125. refusal to act by, 125, 411. three, reference to, 123, 130, 408-410. treating, 205. trustee as, 38. two and a third, reference to, 131, 408, 410. same subject-matter to be dealt with by all, 132. umpire, sitting with, 347, 412, 413. unanimity of, required, 270. unfairness on part of, 199. usage giving latitude to, 361. valuer, distinguished from, 52, 318, 319, 360. view by, 373. who may act as, 33. witness, acting as, 41, 275, 276. arbitrator, of, for refusing to hand award over, 196. collusive non-performance of award, in case of, 470. costs, payment of, enforced by, 440. relative to, 295, 296. cross motions for, 295. discharge from, 295. dismissal of proceedings for, 296. enforcement of award after proceedings for, 265, 266, 274, 287, 295. by, 5, 262, 281-296, 448. enlargement of time, after, 290, 293. ATTACHMENT-continued. grounds of opposition to, 284-289. party outside jurisdiction, in case of, 282. performance, when not enforceable by, 408. practice in regard to, 291-296. public officer, of, 32. referee, by, 553. refusal of, does not decide validity of award, 286. in what cases justifiable, 282-289. revocation of submission made rule of Court, for 46. second application for, 293, 295. service of documents on motion for, 290, 291, 294. setting aside of, 295. special referee's powers as to, 428. specific performance, as a defence to action for, 278. statutory provisions as to, 281. stay of proceedings for, 295. submission not a rule of Court, where, 282 sum awarded, of, by third party, 274. ATTESTATION, award, of, 436. ATTORNEY. See Solicitor. ATTORNEY-GENERAL, reference by consent of, as to charity, 3. ATTORNEY, POWER OF. See Power of Attorney. amount due, ascertaining, but not the liability to pay, 261. applicability of, scope of, 465. appraisement, distinguished from, 318, 320, 440. arbitrator, as evidence for, 481, 482. attestation of, 294, 436. bad direction in, effect of, 458. excess of jurisdiction, for, 76, 93. face, on, setting aside of, 210, 211. lump sum given in respect of distinct injuries, where, 270. |