commencement of the action, and in cases also where there is no action parties can give an arbitrator power to decide on contingent claims or matters in dispute arising after the date of submission.

A frequent instance of this is where it is left to the arbitrator to decide as to the costs of the reference and award, all of which of course accrue after the date of the submission.

A case worthy of note is one in which a railway company had taken certain lands and held them some years. An arbitrator, appointed to settle the price to be paid, and to direct conveyances, was held entitled to consider all clains for mesne profits up to the time of making his award.

As regards the duration of an arbitration, or the time within which the award must be made, formerly, where the submission stated no time, it appears that the arbitrator could, if he so pleased, and if the circumstances permitted of his doing so, make his award on the very day on which the submission was executed; while, on the other hand, under the Common Law Procedure Act, 1854, s. 15, an arbitrator was compelled to (unless the document or order conferring his authority specify a certain limit) make his award within three months from the date at which he commenced his judicial inquiry into the case. The parties, however, by consent in writing, or the Court of which the document or order had been made a rule, could upon good cause shown, extend this time; and, if no period was stated for the extension, it was deemed to be for one month.

Where there were two arbitrators and an umpire, and the arbitrators had allowed their time, or extended time, to elapse without making an award, or shall have stated in writing that they cannot agree, the umpire then entered upon the reference in lieu of the arbitrators.

In England and Wales the above Act has been repealed

under schedule 2 of the Arbitration Act, and it is now enacted in the Arbitration Act, 52 & 53 Vict., and in the 1st schedule and clauses c, d, and e, that—

C. "The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

d. If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

e. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.”

An arbitrator cannot himself fix a limit for making his award if the submission give him no express power to do so.

When a certain limit is fixed by the submission for making the award, the expression "within " includes the last day of any given term. Thus, if an award is to be made" within three months from the 25th of March," it will be sufficient if it be made on the 25th of June. And if the time given be "until " a certain day, the award may be made at any time during that day, If the limit be expressed to be merely a certain number of "months," without anything to show an intention to the contrary, the term must be computed by lunar months.

By the Lands Clauses Consolidation Act, 1845, the award of two arbitrators, neither of whom refuses or neglects to act, must be made within twenty-one days after the appointment of the last of the two.

Under the same Act, the two arbitrators previously entioned, whose original powers are limited to twenty

one days, have a power of extension to three calendar months, but no further.

Even where the submission contains no power of enlargement of the time, or where it contains such a power, and, through it not being exercised, the time has elapsed, an extension may be made by consent of the parties. Indeed, the conduct of the parties will sometimes be taken to amount to a consent to enlargement, and a consequent revival of the arbitrator's powers. As the consent virtually amounts to a new submission, the enlargement should in every case be made by a deed of the same character as the original submission. If parties knowingly attend meetings after time has expired without proper enlargement being made, and make no objection, they cannot afterwards claim that the arbitrator's authority was at an end.

Formerly, neither the Courts nor a judge could enlarge the time when lapsed, without the consent of the parties; but by 3 & 4 Will. IV., c. 42, it was enacted, that the Court, or any judge thereof, may from time to time enlarge the term for the making of his award by an arbitrator, or umpire, appointed by or in pursuance of any rule of Court or judge's order, or order of Nisi Prius, in any action now brought, or by or in pursuance of any submission to reference containing an agreement that such submission shall be made a rule of any of His Majesty's Courts of Record."

As before mentioned, this Act has been repealed, and now in England and Wales, under the Arbitration Act, clause 9, it is provided that:

"The time for making an award may from time to time be enlarged by order of the Court or a judge, whether the time for making the award has expired or not."

It is necessary to note a difference between the enlarging powers of an arbitrator and of the Court. The arbitrator must exercise his power within the time

originally given for the making of his award; but the Court may enlarge a period at any time it thinks proper, and the effect will be to render valid any acts which would otherwise, from the lapse of the original period, have been void.

The substance of the foregoing remarks will be found in the following Table :

TABLE IV.

Arbitrator's Powers as to Limits of Arbitration.

Must not deal with matters arising after date of writ, unless by special authority.

May make his award on date of submission, if no special time stated therein.

Under the Arbitration Act must make award within three months, unless special arrangement otherwise.

Cannot extend stated time unless by special power.

CHAPTER V.

POWERS OF THE ARBITRATOR-AS TO NAMING

TIME AND PLACE WHERE SEVERAL PARTIES, ARBITRATOR NO AUTHORITY TILL ALL HAVE EXECUTED SUBMISSION-ARBITRATOR MAY REVOKE APPOINTMENT WHEN MADE-ARBITRATOR MAY INSIST ON PARTY'S ATTENDANCE THOUGH INCONVENIENT — - INTENTION ΤΟ EMPLOY COUNSEL SHOULD BE NOTIFIED-PROCEEDINGS SHOULD RESEMBLE TRIAL IN COURT-ARBITRATOR MAY REFUSE TO HEAR COUNSEL-MAY REFUSE TO ALLOW ASSISTANCE OF SKILLED STRANGER-MUST NOT RECEIVE EVIDENCE IN ABSENCE OF OPPOSITE PARTY-MUST NOT EXCLUDE PERSONS DESIRED BY PARTY WITHOUT JUSTIFICATION-MAY TAKE EVIDENCE AT HOUSE OF WITNESS UNABLE TO ATTEND-BRIEFS SOMETIMES LEFT WITH ARBITRATOR BEFORE HEARING-ADVANTAGES OF THIS COURSE-UNDER CERTAIN ACTS ARBITRATOR MUST MAKE DECLARATION ARBITRATOR MUST NOT CLOSE PROCEEDINGS HASTILYMUST GIVE PARTY TIME TO GO INTO CASE EVEN AFTER UNNECESSARY DELAY-ALSO TO INVESTIGATE UNEXPECTED CASE-SHOULD TAKE WRITTEN NOTES-HAS POWER TO CALL FOR ALL BOOKS AND PAPERSMUST NOT RECEIVE PRIVATE COMMUNICATIONS FROM EITHER SIDEDANGER OF SO DOING-IRREGULARITIES OF ARBITRATOR MAY BE CONDONED BY PARTIES-WHEN ARBITRATOR MAY PROCEED EX PARTE -WHEN ARBITRATOR IN DOUBT AS TO ADMISSIBILITY OF EVIDENCE -ARBITRATOR NOT CONFINED TO EVIDENCE ON MATTERS SUBMITTED -ARBITRATOR MAY APPLY TO COURT FOR ADVICE-ARBITRATOR'S POWER OF AMENDING ERRORS IN RECORD-ARBITRATOR MUST NOT DELEGATE DUTIES-MAY TAKE OPINIONS-LAY ARBITRATOR MUST NOT EMPLOY SOLICITOR TO SIT WITH AND ADVISE HIM IF OBJECTED TO-LAY ARBITRATORS MUST NOT SURRENDER THEIR OPINIONS TO THAT OF LEGAL ARBITRATOR.

L'

ET us now consider that the arbitration has arisen in some one of the ways indicated in our first chapter, and that the arbitrator is appointed. What will be the nature of the proceedings, and of his duties, at the first meeting?

Providing the arbitrator acts within his authority, and with due impartiality, his word is law as to the mode in

D