to set aside Award-When Award to be delivered by stated Time-Lands Clauses Consolidation Act as to delivery of Award -Stamping of Awards - What Awards Exempt - No par- ticular Form necessary for Awards-Must convey Decision- Recital of Submission-Of Enlargement Of View-Irregu- Award must decide all Matters submitted-Must give Direc- tion for carrying Decision into Effect-Must decide the precise Question submitted- Must not leave the result conditional -May impose Alternative-Must be certain in its Terms- Award when bad in Part Award dealing with Matters not submitted-Employment on Award of Attorney to Party- TABLE VI.-Matters which will invalidate an Award-Arbi- trator's Authority ended by making of Award-May not correct even slight Error in Award When Award set aside "Referring back" an Award-Duties of Arbitrator when Award referred back-Limit of Time when Award referred back Enforcement of Award Suggestions- Collateral OF COSTS AND CHARGES-Arbitrator cannot sue for Remuneration -Usual Method of satisfying Arbitrator's Claim-Arbitrator's Power to detain Documents until paid- Costs of drawing up Award by Attorney-Remedy if Arbitrator's demand exor- bitant-When Costs of Award should be named therein- When Costs "abide the Event "-Effect of Arbitrator impro- perly dealing with Questions of Costs-When Costs "in Discretion of Arbitrator, who shall ascertain the same Fees of Arbitrators part of Costs of Umpirage-Costs of Three Kinds of the Cause, of the Reference, of the Award- Definitions Taxing Costs - Provisions as to Costs under Lands Clauses Consolidation Act-Under Railways Clauses ADVICE TO PLAINTIFFS AND DEFENDANTS — Getting up Case - mentary" and "Rebutting" Evidence-Surprises-Disadvan- tages of Arbitrations-Arbitrator an uncertain Judge-More ready to admit imperfect Evidence than to refuse good- Possible Discourtesy- Value of Plans - Effect of numerous Witnesses Case for the Defence — Advantage of hearing ARBITRATIONS. CHAPTER I. INTRODUCTION -THE AGE OF ARBITRATION-ARBITRATION NOW USED IN SETTLEMENT OF ALL CLASSES OF DISPUTES WHAT ARCHITECTURAL PROFESSION HAS DONE TO QUALIFY ITS MEMBERS AS ARBITRATORSPAPER READ AT INSTITUTE OF ARCHITECTS OBJECTS OF PRESENT VOLUME-TABULATION-HOW ARBITRATIONS MAY ARISE-BY ORDER OF JUDGE OR COURT-UNDER SPECIAL ACT-BY CONSENT OF PARTIES -ARBITRATION PENDING FORMERLY NO BAR TO SUIT-EXCEPTIONSWHAT MATTERS MAY BE SUBMITTED TO ARBITRATION - TABLE I. FUTURE DIFFERENCES WHEN SUBJECT-MATTER ILLEGAL WHEN RAILWAY ABANDONED-MASTERS AND WORKMEN-WHO MAY REFERTABLE II. THIRD PARTY CONSENT PRECLUDING OBJECTION EXAMPLE- ATTORNEY'S ACTS BINDING ON CLIENT -NOT SO THOSE OF CONFIDENTIAL CLERK EFFECT OF SUBMISSION BY BANKRUPT SAVINGS BANKS-FRIENDLY AND BUILDING SOCIETIES. HE present might, I think, with great propriety, be termed "the Age of Arbitration." The recommendations of the principle are such that we find it every day more generally adopted as the means of settlement of every class of difference, from the "burning questions" of international importance, to the dispute as to the halfpenny per hour, more or less, in the wages of the artisan. And in the operations of no calling, has the spread of this system been wider or more rapid than in those of the architect and surveyor. This being so, the questions will arise, "What has the architectural profession done to educate or to qualify its members for the parts they are likely to be called upon to perform? What works have eminent members of the profession contributed to the B literature of the subject, or what public discussions have taken place for the mutual interchange of ideas?" I fear the answers to these questions would be unsatisfactory indeed. I know of no work that can be in any way considered as a text-book on the subject. Legal works there are, of great authority and value, but none treating the matter in a simple and practical way, or looking at it, in point of fact, rather from the surveyor's than from the lawyer's point of view. As to discussion, I think the first attempt to bring the subject before our profession in that form was made by myself in a paper read before the Royal Institute of British Architects, in January, 1873. Of course, within the compass of a paper it is only possible to touch, and that but slightly, upon the leading points of a topic, and I did not profess to do more. My principal object was to show the advantages which would accrue to the public from the employment of properly trained surveyors as arbitrators in technical matters, and the probability that this branch of practice would nevertheless fall entirely into the hands of our legal friends, unless our profession bestirred itself to provide for its own members means of obtaining the training necessary to enable them to cope with lawyers on more equal terms. In the result, as some of my readers may be aware, a motion, recommending the establishment of a professional tribunal, was proposed by Mr. J. E. Saunders, supported by Professor Kerr, and carried. It is in the hope of supplying this want of some volume, containing in a simple and easily accessible form useful information as to the duties of arbitrators and the conduct of arbitrations, that I have prepared this book, in which I have, where it has seemed advantageous, continued that system of "tabulated" information, which formed a novel feature in my works on 'Dilapidations,' and Compensations,' and which I am pleased to find has been so generally approved. In order to assist the reader in arriving at a clear understanding of our subject, I propose to consider, first, the modes in which arbitrations may arise. These may be divided into three classes : By order of a judge, or of the Court, before or in the course of trial. Under one of the especial Acts of Parliament which provide for the settlement by arbitration of disputes arising under them. By consent of the parties. Nothing is more common in an action involving technical questions, after the judge, jury, witnesses, counsel, and solicitors are assembled, the pleadings opened, and the first few introductory sentences spoken by the counsel for the plaintiff, than for the judge to suggest that it is really a matter for arbitration. Usually, after this expression of opinion from the Bench, the case is at once referred, and the arbitrator not unfrequently nominated by the judge. A reference may also arise under an order made by a judge at Chambers, on the application and by consent of the opposing parties, without going to trial. The principal Acts which make special provision for arbitration in the event of dispute, are— The Lands Clauses Consolidation Act, 1845. The Metropolitan Buildings Act, 1855. The nature of the provisions in the first five of these may be shortly stated to be that, if a party interested in property proposed to be affected by any undertaking shall signify to the promoters thereof a desire to have the compensation settled by arbitration, it shall be so settled. Such desire must be signified by notice in writing before the promoters have issued their warrant to the sheriff for the summoning of a jury, and must state the interest in |