respect of which compensation is claimed, and the amount of the claim. The Metropolitan Buildings Act makes special provision for the settlement of disputes between building and adjoining owners by arbitration, and in these cases the arbitrator cannot be other than a surveyor.

The third (and certainly in my opinion the best) mode in which arbitrations may arise, is by consent of the parties. I say, advisedly, the best mode, because hereby is saved all the enormous cost of preparing for trial; which, if, as is probable, the case is after all referred, is entirely thrown away. It must, therefore, be advantageous to agree at the outset to settle any differences by arbitration.

Formerly a very remarkable point in connection with arbitrations was one the reason or justice of which I confess I did not comprehend. It was that neither at law nor in equity could the fact that an arbitration was pending be pleaded as a bar to an action or suit for the same demand, and this even though the submission be made a rule of a court of common law. The exceptions were, when there was a covenant not to sue (which will suffice to stay proceedings in equity); or, when there was an agreement that "in consideration of the defendant consenting to refer matters in dispute in an action, the plaintiff will accept such agreement in satisfaction of all damage in respect of certain other matters, and a reference thereon." This could be pleaded as satisfaction to an action in respect of the last-mentioned matters.

If, however, the submission contained an express stipulation that no action should be brought, the Court would, on application, stay proceedings in any action commenced contrary to such stipulation.

Previous to the passing of the Arbitration Act of 1889 these points applied to England and Wales, but now under the Arbitration Act, 1889 (52 & 53 Vict., c. 4) it is defined that

"If any party to a submission, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings."

Under the Railway Companies Arbitration Act, 1859 (22 & 33 Vict., c. 59), an agreement to refer between two companies may be pleaded as a bar to a suit.

I think the portion of our subject which it will be convenient to consider next is: "What matters are those which are most likely to be submitted to arbitration,” and here the tabulated form may be advantageously adopted.

TABLE I.

Matters for Submission to Arbitration.

Compensation for interests taken for, or affected by, works done under special Acts of Parliament, viz. :—

Enclosing of commons.

Rights of common.
Allotment of lands.

Setting out public roads.

Commutation of tithes.

Definition of boundaries.

Compensation for interests taken for, or affected by, work executed by a private individual, or by a company; but not under special Act of Parliament.

Compensation for dilapidations.

Under the Arbitration Act, 1889, England and Wales, it is defined in clause 14 that:

"In any cause or matter (other than a criminal proceeding by the Crown),

(a.) If all the parties interested who are not under disability consent: or,

(b.) If the cause or matter requires any prolonged examination of documents or any scientific or local investigation which cannot in the opinion of the Court or a judge conveniently be made before a jury or conducted by the Court through its other ordinary officers: or,

(c.) If the question in dispute consists wholly or in part of matters of account:

the Court or a judge may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties, or before an official referee or officer of the Court."

Among matters which may be agreed to be referred are also any "future differences" which may arise between parties, though none at present exist. Thus, parties may give the arbitrator power to determine on contingent claims, or on matters in dispute, or demands arising after the date of submission.

No difference can be referred to arbitration the subjectmatter whereof is illegal. Perhaps it would be more correct to say, if referred to arbitration, no award made on any such matter would "hold.”

We may refer to arbitration a claim for compensation where property has been injuriously affected by the works of a railway, though the railway may have been abandoned.

Amongst matters which may be referred to arbitration, and, indeed, for the settlement of which by that means, advantages are afforded by special enactments, are dis

putes between masters and workmen; but these are cases which will rarely concern the surveyor.

The next point useful to consider will be, "Who may refer;" and here another Table may be given.

TABLE II.

Who may Refer.

Any one capable of making a disposition or release of his right.
Any one who can contract.*

(It must, however, be remembered that charities must have the
consent of the Attorney-General.)

Femmes sole.

An agent (if authorised).

(The principal alone will be bound, unless the agent expressly bind himself for the performance of his principal.) Assignees of bankrupts, by consent of creditors.

Attorneys and solicitors.

Counsel.

Executors and administrators.

Trustees.

Committee (or if no committee, the wife) of a lunatic—by permission of the Court of Chancery.

Officer of a public company.

Amongst the parties to a reference may sometimes be included a "third party.” It would appear that even if not made a party to the reference, the consent of an individual to the proceedings will, in many cases, preclude him from disputing his obligations to abide by the award. A third party may be added after the reference has commenced, and the arbitration may proceed as if all three parties had been in the original order of reference.

I would here mention a peculiar case, showing how

* If a partner submit for himself and partner, it only binds himself; and further, should his partner refuse to agree, the breach of submission to the award rests with the partner who signed. The other partner is considered a stranger to the award. It must also be remembered that power to sue does not confer power to refer.

acquiescence may render a third person bound by an award. The landlords of two adjoining estates, let on lease, referred to a surveyor to determine and stake out a disputed boundary between the two properties. The tenant of one of the estates, who, though not a party to the reference, by his conduct assented to the staking out of the line by the arbitrating surveyor, was held bound by the decision as if he had been an original party to the submission. (Taylor v. Parry, 1 M. and G., 604.)

It should be noted that the acts of an attorney's town agent are as binding on a client as those of the attorney himself. This is not so with the acts of a confidential clerk. An attorney's consent to a judge's order referring a cause being made a rule of Court as to an enlargement of time, is binding on his client. Indeed no consent is necessary on the part of the client. If the attorney consent for time on any point, it is enough.

A bankrupt, by submitting to a reference, binds himself, but not his estate.

Savings banks, friendly societies, and benefit building societies, appear to be bound to refer all matters of dispute, having no other remedy under the statute.