Determination of Valuers appointed to fix Quantum of Compensation for giving up Lease not enforceable under this Section]. - See Hammond and Waterton, In re, 1. 3, a.

e. By Judgment and Execution in the Cause, where Cause referred.

By the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 13, sub-s. 2, where the court or a judge refers any question arising in any cause or matter for inquiry or report, the report of the official or special referee may be adopted wholly or partially by the court or the judge, and, if so adopted, may be enforced as a judgment or order to the same effect. (As to mode of applying for adoption of report, see R. S. C., 1883, Ord. XXXVI. rr. 54, 55.)

By R. S. C., 1883, Ord. XXXVI. r. 50, and Ord. XL. r. 2, every referee to whom a cause or matter is referred for trial has the same power as a judge to direct judgment to be entered, and is to direct how judgment shall be entered, and the judgment is to be entered accordingly.

No Leave Necessary.]-Where a verdict is taken pro formâ at the trial for a certain sum, subject to the award of an arbitrator, the sum afterwards awarded is to be taken as if it had been originally found by the jury; and the plaintiff is entitled to enter up judgment for the amount without applying to the court for leave so to do. Lee v. Lingard, 1 East, 401. S. P., Grimes v. Naish, 1 Bos. & P. 480: Lloyd v. Lewis, 46 L. J., Ex. 81; 2 Ex. D. 7; 35 L. T. 539; 25 W. R. 102.

If a verdict is taken at nisi prius, subject to the award of an arbitrator, and the rule of reference is made a rule of court, the verdict may be entered according to his award, without any application to the court. Borrowdale v. Hitchener, 3 Bos. & P. 244.

An order of reference directed that the party in whose favour the award should be made should be at liberty to sign final judgment for the amount payable thereunder, and tax his costs, and issue execution:-Held, that the award being in favour of the defendant, he might sign judgment for his costs. Maggs v. Yorston, 6 D. P. C. 481; 1 W. W. & H. 185;

2 Jur. 744.

Award made under order of reference need not be made a rule of court. Ormond (Marquis) v. Kynnersley, 2 Sim. & S. 15; 2 L. J. (o.s.) Ch.

178.

Court will enforce awards made under order of reference by consent in cause, and it makes no difference that it is part of the order that parties should execute arbitration bonds, nor is it necessary to make such award rule of court. lb.

The court will not order the payment of a fund in court, to which petitioners are declared to be entitled by an award made under an| order of reference, until the award has been made a rule of court. Salmon v. Osborn, 3 Myl. & K. 429; 3 L. J., Ch. 237.

Entry of Verdict where no Award.]—Where a plaintiff recovered a verdict for 5l., subject to a reference at nisi prius whether such verdict should stand, or be reduced to 20s., and the arbitrator refused to make an award, the court would not allow a verdict to be entered for the

lesser sum until such order was made a rule of court. Kirkus v. Hodgson, 3 Moore, 64.

Judgment must be first Signed.]--Execution cannot issue upon an award made under a compulsory reference without first signing judgment. Kendil v. Merrett, 18 C. B. 173; 25 L. J., C. P. 251; 2 Jur. (N.S.) 523; 4 W. R. 594.

When Judgment may be Signed.]—When a verdict is taken for the plaintiff in an action, subject to a reference of the cause and all matters in difference by order of nisi prius, and an award is made directing the verdict in the action to stand for the plaintiff for a certain sum, and finding another sum to be due to the defendant in respect of the matters in difference, the plaintiff is entitled to sign judgment for the sum awarded to him in the action in fourteen days after the making of the award. O'Toole v. Pott, 7 El. & Bl. 102; 26 L. J., Q. B. 88; 3 Jur. (N.S.) 361; 5 W. R. 256.

Where a verdict has been found subject to a reference, and the award has not been made until some terms afterwards, judgment cannot be entered up as of the term next after the verdict, without a special application to the court. Brooke v. Fearns, 2 D. P. C. 144.

Where a cause and all matters in difference are referred by an order of nisi prius, which directs that the costs of the cause shall abide the event, and the costs of the reference and award to be taxed shall be in the discretion of the arbitrator, judgment cannot be signed, or the Master's allocatur for the costs obtained, until the end of the term next after the making of the award. Jones v. Ives, 10 C. B. 429; 1 L. M. & P. 689; 20 L. J., C. P. 69. Hobdel v. Miller, 2 Scott (N.R.), 163.

When a verdict is taken at nisi prius by consent, subject to the certificate of an arbitrator, the certificate dates back to the time when the verdict was pronounced by the jury. Cremer v. Churt, 3 D. & L. 672; 15 M. & W. 310; 15 L. J., Ex. 263; 10 Jur. 671.

Therefore, where such a certificate was given in vacation after more than four days had elapsed from the return-day of the distringas juratores :-Held, that the successful party was entitled to sign judgment immediately, and was not bound to wait until the expiration of the first four days of the next term. Ib.

[By R. S. C., 1883, Ord. XLII. r. 31a, an award may, by leave, be enforced, though the time for moving to set it aside has not elapsed.]

Lost Award.]-If an award is lost, the court will, nevertheless, permit judgment to be entered accordingly, upon an affidavit of its contents. Hill v. Townsend, 3 Taunt. 45; 12 R. R. 595.

Service of Award.]-Personal service of the award is not necessary to warrant the issuing of execution, if the attorney of the defendant has been served with the award. Borrowdale v. Hitchener, 3 Bos. & P. 244.

Application to set aside Judgment.]—A defendant having omitted to apply to set aside an award in the next term after it was made, and the plaintiff having afterwards signed judg. ment:-Held, that the defendant was at liberty to move to set aside the judgment in the_next term after it had been signed. Brooks v. Parson, 1 D. & L. 691; 13 L. J., Q. B. 50; 8 Jur. 81.

A defendant may move to set aside a judgment entered up on an irregular award, though the time of setting aside the award itself has elapsed, if the defect insisted on is apparent on the face of it; and an objection grounded on such defect need not be stated in the rule nisi. Manser v. Heaver, 3 B. & Ad. 295.

When judgment has been entered up under an award-Held, upon an application to set aside the judgment and restrain execution, that the defendants must be confined to objections appearing on the face of the award, as if they were showing cause in a rule for an attachment. Doe d. Madkins v. Horner, 3 N. & P. 344; 8 A. & E. 235; W. W. & H. 348; 7 L. J., Q. B. 164; 2 Jur. 417.

[By R. S. C., 1883, Ord. XL. r. 6, where, at a trial by a referee, he has directed that any judgment be entered, any party may more to set aside such judgment on the ground that upon the finding the judgment is wrong.]

Setting aside Judgment where Award not Final.]-See Wood v. Copper Miners in England, I. 3, c.

Reducing Amount of Judgment, where Sum awarded in excess of Arbitrator's Powers.]--See Prentice v. Reed, IV. 2, f.

Judgment entered for Costs of Award as well as for Costs of Cause-Waiver of Irregularity.] -See Bignall v. Gale, V. 5.

Moving for Judgment non obstante veredicto.] -See Britt v. Pushley, and Chownes v. Brown, 1. 3, c.

Where, upon Argument of a Rule, Matter referred to Barrister, his Certificate, as to Terms of Rule to be drawn up, adopted by Court.]See Brandon v. Smith, I. 3, b.

Action on Award, where Cause referred.]-See Lieresley v. Gilmore, IV. 7, a.

V. COSTS.

1. POWER AND DUTY OF ARBITRATOR
AS TO.

By s. 20 of the Arbitration Act, 1889 (52 &53 Vict. c. 49), any order made under the act may be made on such terms as to costs as the authority making the order thinks just.

By s. 2, and the First Schedule (i), unless a contrary intention is expressed in the submission, the costs of the reference and award are to be in the discretion of the arbitrator, who may settle their amount.

By R. S. C., 1883, Ord. XXXVI. r. 55b, where the whole of any cause or matter is referred to an official referee under an order of court, he may, subject to any direction in the order, exercise the same discretion as to costs as the court or a judge could have exercised.

Reference of Amount of Damages "on Usual Terms."]-When the issues in an action ar etried and found for the plaintiff, and thereupon it is agreed that the question of the amount of damages shall be referred to an arbitrator on the "usual terins," the arbitrator will have discretion over the costs of the reference; and it does not matter that, if the plaintiff had gone on at the trial to prove his damages, he would have been entitled to his whole costs as of right. Morel v. Byrne, 28 L. T. 627; 21 W. R. 673.

Reference of all Matters in Difference-Costs in the Cause.]-Where after writ in an action "all matters in difference between the parties are referred to an arbitrator, and the order of reference contains a clause that "the costs of the said cause, and the costs of the reference and award, shall be costs in the cause," the arbitrator has power to deal with all the costs, and may order the successful plaintiff to pay the defendant's costs. Hayward v. Moss, 49 J. P. 248.

Where Costs Discretionary. Successful Party may be Ordered to Pay them.]-Sec Fearon and Flinn, In re, iv. 4, c.

Limit of Discretion as to Costs of Unsuccessful Party's Special Jury.]-A special jury having been obtained by the defendant, the cause was referred, the costs of the cause were to abide the event, and the costs of the reference and of the special jury were left in the discretion of the arbitrator:-Held, that he could not, after directing a verdict for the plaintiff, award that the latter should pay the costs of the special jury. Finlayson v. M'Leod, 1 B. & Ald. 663 ; 19 R. R. 411.

Settling Amount of Costs.]-An arbitrator can only exercise his power of fixing the amount of Prebble and the costs by the award itself. Robinson, In re, [1892] 2 Q. B. 602; 67 L. T. 267; 41 W. R. 301.

the reference and award. Morgan v. Smith, 9 M. & W. 427; 1 D. (N.S.) 617; 11 L. J., Ex. 379. And see Huntley. In re, IV. 3, d.

Arbitrator Deducting his Fee out of Moneys in his Hands as Receiver-No Amount Named.] There was a partnership as traders, and also as solicitors, between A. and B. C. was appointed by deed by A. and the executrix of B., who died, to act as attorney in completing the dissolution of the partnership, and as receiver in respect of the law partnership estate, and as arbitrator in respect of all differences arising as to both partnerships. C. was empowered to dispose of the estate, money, and effects of the law partnership in such manner as he should think best for the interests of A. and of the executrix." He was authorized to make one or more awards, and the costs of the reference and awards were left in his

discretion. In the award he stated that he had received the estate and effects of the law partnership, and had disposed of them in such manner as he thought best for the interests of A. and of the executrix, and awarded that a certain sum was due to A. from the executrix, and ordered the latter to pay it. The only statement in the award, as to the costs, was this: "I certify that I have deducted and retained to myself the costs of my award out of the moneys which have been received by me as receiver. I award and determine that each of the parties shall bear and pay his and her own costs of the reference respectively" :-Held, that the award was good, although the arbitrator had stated that he had deducted the costs of his award out of the money in his hands as receiver, and had not stated what the amount of those costs was, or which party he charged with them. Roberts v. Eberhardt, 3 C. B. (N.S.) 482 28 L. J., C. P. 74; 4 Jur. (N.S.) 898; 6 W. R. 793-Ex. Ch.

In what Proportion Costs to be Paid.]-See Young, In re, IV. 2, b.

Award should Show clearly what Costs Intended.]-See Fearon and Flinn, In re, IV. 4, c.

Where Award Referred Back.]-An order of reference gave the arbitrator a discretion as to the costs of the reference and award, and contained a clause giving the court power to refer the award back to the arbitrator, in case of an application to set aside the award. The arbitrator made his award, directing each party to bear his own costs. On the application by the defendant, it was referred back to the arbitrator to find as to a specific matter not disposed of by the award. The arbitrator directed the defendant to pay the costs of the amended award :— Held, that, by virtue of the order of reference, the arbitrator had power to award as to the costs of the amended award. MRae v. M'Lean, 2 El. & Bl. 946; 2 C. L. R. 391; 18 Jur. 244; 2 W. R. 63.

An action for an illegal arrest was referred, the costs of the reference being in the arbitrator's discretion. The award directed that final judgment should be entered for the plaintiff, with damages, and gave him the costs of the reference and award. The arbitrator had no authority to direct judgment to be entered, and for this excess the award was remitted to the arbitrator, who in a second award recited that he had made a former award, that it had been referred back, and gave the plaintiff the same damages and costs of the

reference and award, and also the costs of the amended reward :-Held, that the arbitrator had a discretionary power over the costs of the second reference. Breary v. Kemp, 24 L. J., Q. B. 310. See Blair v. Jones, IV. 2, i.; Pearson v. Overell, IV. 3, b.; Morris, In re, and Johnson v. Latham, IV. 3, d.; and Macintosh v. Blyth, V. 2.

Special Case.-The costs of a special case stated by the arbitrator are costs incidental to the arbitration within the meaning of s. 34 of the Lands Clauses Consolidation Act, 1845, and are therefore costs over which the Court of Appeal has no jurisdiction. Holliday and Wakefield Corporation, In re, 57 L. J., Q. B. 620 ; 20 Q. B. D. 699; 59 L. T. 248; 52 J. P. 644— C. A.

As to Power of Court over Costs of Special Case stated under Arbitration Act.]—See Knight and Tabernacle Permanent Building Society, In re, II. 4, a, vi.

Where Order of Reference is Silent as to Costs.]-See Bullen v. King, Leggo v. Young, Taylor v. Gordon, Firth v. Robinson, Strutt v. Rogers, Wimshurst v. Barrow Shipbuilding Co., and Roe d. Wood v. Doe, V. 2.

Power to Award Costs as between Solicitor

and Client.]-See Arbitration Act, 1889, s. 2, and First Sched. (i.); Hartnell v. Hill, Mordue v. Palmer, Seckham v. Babb, and Whitehead v. Firth, V. 5.

Power to Direct Taxation by Officer of the Court.]-See Bhear v. Harradine, V. 5.

Where Action Referred, Ordering Party to Reference, who is not Party to Action, to Pay Costs of Action.]-See Stockley v. Shopland, V. 2.

Award as to Costs of making Submission a Rule of Court.] See Smith v. Wilson, and Williams v. Wilson, IV. 2, b.

On Reference of Cause after Payment into Court, no Power over Previous Costs.]-See Stratton v. Green, V. 2.

Effect of Unauthorized Direction as to Costs.] -See Aitcheson v. Cargey, IV. 2, i.

Where Submission Provides that Party Causing Delay shall be Liable to Costs. 1-See Morgan v. Williams, and Bradley v. Phelps, I. 3, a. Cf. Skee v. Coxon, II. 3, c.

Courts Act.]-See Forshaw v. De Wette, Gallati Discretion of Arbitrator not subject to County v. Wakefield, and Moore v. Watson, V. 4.

Where Costs are to Abide the Event.]See Reeves v. M'Gregor, Boodle v. Davies, Kendrick v. Davies, Hunsted v. Kidd, Cockburn V. Newton, Heatherington v. Robinson, and Jupp v. Grayson, V. 3.

2. OF CAUSE, REFERENCE, AND AWARD.

Where Order Silent as to.]—When an order of reference drawn up by consent provides that the costs of the action and of the application to refer, made at chambers, are to abide the event of the award as if it were a verdict, but is silent as to the costs of the reference, the arbitrator

has no power over the costs of the reference, but each party must pay his own costs. Bullen v. King, 36 L. T. 732.

An arbitrator under 17 & 18 Vict. c. 125, s. 3, has no power over the costs either of the cause, reference, or award, unless the rule or order appointing him gives it to him, and, where the rule is silent, the successful party is not entitled to costs. Leggo v. Young, 16 C. B. 626 ; 24 L. J., C. P. 200. S. P., Bell v. Postlethwaite, 5 El. & Bl. 695; 25 L. J., Q. B. 63; 1 Jur. (N.S.) 1167; 4 W. R. 89.

Where an order of nisi prius is silent upon the subject of the costs of the reference and award, the arbitrator has no authority to adjudicate upon them, but each party must bear his own expenses of the reference, and the half of the award. Taylor v. Gordon, 2 M. & Sc. 725; 9 Bing. 570. S. P., Grove v. Cor, 1 Tannt. 165.

A cause and all matters in difference were referred, but nothing was said about costs :Held, that the arbitrator had power over the costs of the cause, but not those of the reference.

Firth v. Robinson, 1 B. & C. 277; 1 L. J. (O.S.)

K. B. 115.

Where all matters in difference are referred, except the costs of the action, and no notice is taken of the costs of reference, the latter are not in the discretion of the arbitrator. Strutt V. Rogers, 2 Marsh. 524; 7 Taunt. 213.

An arbitrator may award costs of the action without any express authority for that purpose. Roe d. Wood v. Doe, 2 Term Rep. 644; 1 R. R.

566.

A cause having been referred to a Master, under the provisions of the Common Law Procedure Act, 1854, as a matter of account, and the order of reference being silent as to the costs, the court refused an application for an order for costs on behalf of the party in whose favour the award of the Master was made. Wimshurst v. Barrow Shipbuilding Co., 46 L. J., Q. B. 477; 2 Q. B. D. 335; 25 W. R. 557.

"Costs"-General Term.]-The general term "costs." in a rule of reference, does not include the costs of that reference. Bradley v. Tunstow, 1 Bos. & P. 34; 7 Taunt. 213.

Where, by a rule of reference, the costs are to abide the event of an award, that includes the costs of the reference as well as of the cause. Wood v. O' Kelly, 9 East, 436.

The general term "costs in an order of reference of an indictment, which stated that if the arbitrator should be of opinion that the defendant was guilty, and the prosecutor entitled to costs, the defendant agreed to pay them, does not include those of the reference and award. Rex v. Moate, 3 B. & Ad. 237; 1 L. J., K. B. 78.

"Costs of Reference"-What are.]- Power, in a submission to arbitration, over the "cost of the reference," includes power to award the costs of the award. Walker and Brown, In re, 51 L. J., Q. B. 424; 9 Q. B. D. 434: 30 W. R. 703.

A cause and all matters in difference having been referred, the costs in the cause to abide the event, and the costs of the reference and award to be in the discretion of the arbitrator, the arbitrator found all the issues in favour of the plaintiff; he also found that there were no other matters in difference than those involved in the cause, and directed the costs of the reference to be borne by each party in equal moieties:Held, that the plaintiff was not entitled to all

the costs of counsel, attorneys, and witnessesattending before the arbitrator, the same being costs of the reference and not in the cause. Brown v. Nelson 13 M. & W. 397; 2 D. & L. 405; 14 L. J., Ex. 62.

Costs of Settling Submission Allowed as Costs of the Reference."]-See Autothreptic Steam Boiler Co., In re, V. 5.

Where Costs of Cause to Abide Event of Reference.]-See Sterens v. Chapman, V. 3.

Costs of Reference or of Umpirage.]-By an agreement matters were referred to two arbitrators, and if they failed to make an award within a limited time, to an umpire. The costs of the reference and award and umpirage were to be in the discretion of the arbitrators and umpire reshould sit with the arbitrators, so that if they did spectively. The parties agreed that the umpire not make an award it would not be necessary for him to re-hear the evidence. The arbitrators did not conclude the reference within the time

limited. The parties then further agreed that the arbitrators should sit with the umpire, and assist him in taking the evidence, which they did. The award ordered the losing party to pay the other the costs "of the umpirage, and of this my award"; and that each party should "pay their own costs of the reference other than the costs of my umpirage, and of this my award." The umpire included the charges of the two arbitrators in his costs of umpirage and award, and the same were paid by the successful party on taking up the award :-Held, that the charges. of the arbitrators were costs of the umpirage, and not costs of the reference; and that the successful party was entitled to have such amount as him on taking up the award, allowed on the was duly charged by the arbitrator, and paid by taxation of costs, and to have the same repaid to him by his opponent. Ellison v. Ackroyd, 1 L. M. & P. 806; 20 L. J., Q. B. 193.

Costs Incidental to an Arbitration.] - Proceedings on a special case stated in a reference under the Lands Clauses Act are incidental to the arbitration, and the costs of such proceedings must, therefore, by s. 34, be borne by the promoters of the undertaking. Holliday and Wakefield Corporation, In re, 57 L. J., Q. B. 620; 20 Q. B. D. 699; 59 L. T. 248.

Costs of Cause-What are.]-Where a cause was referred before trial, and an arbitration bond entered into, but which could not be made a rule of court, and the reference proving abortive, the cause was afterwards tried:-Held, that the successful party was not entitled to the costs of the abortive reference as costs in the cause. Doe d. Daries v. Morgan, 4 M. & W. 171; 2 Jur. 684.

The costs in the cause are those which are incurred up to the time of the reference. Brown v. Nelson, 13 M. & W. 397; 2 D. & L. 405; 14 L. J., Ex. 62.

In an action by a carrier against a railway company, to recover back expensive and unequal charges made upon him for the conveyance of his goods, a verdict was entered for the plaintiff for 10,000Z., subject to a special case to be settled. by a barrister, who, in the event of the court deciding in favour of the plaintiff, was by the order of reference empowered to direct for what amount the verdict should be entered, and to