great injustice. Our courts, on the contrary, have in several cases laid down the true rule to be observed by the arbitrators in such cases, namely, that each arbitrator should deem himself appointed by both parties jointly. Arbitrators should, in fact, comport themselves as the judges in our courts of justice, whose unbiassed fairness in their decisions between parties is the admiration of every country in Europe and elsewhere.

The advantages of arbitration are deemed so great that the Legislature has interfered in favour of it, and by the "Common Law Procedure Act, 1854," (a) have introduced many valuable improvements. By that Act a court or a judge may actually compel an arbitration in all actions where the matter in dispute, wholly or in part, consists of matters of account (b). The same authority is given to the judge at nisi prius, where the action appears to involve matters of account (c). Where the reference is intended to be to one arbitrator, and the parties do not concur in the choice of him, or if such arbitrator die or refuse to act,or if the parties or two arbitrators are to appoint an umpire or third arbitrator, and they neglect to do so, or if such umpire or third arbitrator die or refuse to act,-in every such case a judge upon application may appoint an arbitrator, umpire, or third arbitrator, in place of the one who died or

(a) 17 & 18 Vict. c. 124.

(b) Id. s. 3.

(c) Id. s. 6.

refused to act (a). So when the reference is to two arbitrators, and one dies or refuses to act, if the party who appointed him do not appoint another in his stead, the other party, after notice, may proceed in the arbitration before his own arbitrator, and the award shall be binding on both (b). When two arbitrators are appointed, and there is no mention of an umpire in the reference, the arbitrators may notwithstanding appoint an umpire of their own authority (c). These improvements I have stated here concisely, but the reader will find them fully developed in the course of the work. They show clearly the anxiety of the Legislature to render the remedy by arbitration as perfect and complete as possible.

This little work is designed as a pocket companion for all persons engaged in an arbitration, where they will find the law upon any particular subject which may occur, concisely, but truly and efficiently stated. And the arrangement of the work is such as to enable them to find, in the instant, what they want. In the first page the Reader has a comprehensive view of the different parts into which the work is divided; and afterwards, prefixed to each part, he will find a programme of its contents, which will enable him in the instant to place his hand upon any portion of the work he wishes to consult. This facility of re

(a) 17 & 18 Vict. c. 124, s. 12.

(b) Id. s. 13.

(c) Id. s. 14.

ference, I think, will be found particularly useful to parties, their counsel, and attorneys, at the time of their attendance at an arbitration, as well as to the arbitrator himself. I hope, indeed, that it will be found useful at all times, as well before the arbitration, as at or after it. I seek or wish for the work no higher commendation.

12, King's Bench Walk, Temple.

J. F. A.

THE

LAW OF ARBITRATION.

I HAVE arranged the Law of Arbitration and Award under the following heads; in which order I propose to treat of it.

IV. — Setting Aside the Award, p. 53.

NOTE. The Appendix contains stat. 9 & 10 Wm. III. c. 15,-stat. 3 & 4 Wm. IV. c. 42, s. 39, and stat. 17 & 18 Vict. c. 125, s. 1, and s. 3 to 17.

and those required

The Appendix also contains a Schedule of Forms, required under a compulsory reference, under an ordinary reference.

B