380. Western Suburban, &c. Building Society v. Martin, 37. Westlake v. Collard, 507. Weston v. Faulkner, 582. Westwood v. Cape of Good Hope, 375, 495, 640. v. Secretary for India, 63. Whaley v. Laing, 397, 638. Whalley, In re, 601. Wharton v. King, 268, 270, 280, 331, 540. Whatley v. Morland, 173, 665, 682. Wheatley v. Westminster Brymbo Coal and Coke Co., 51. Whitburn v. Staines, 542. White v. Gifford, 164. v. Sharp, 220, 258, 554. Whiteacre v. Pawlin, 33. Whitehead v. Firth, 325, 383, 599, 602, 603, 677. v. Tattersall, 256, 555, 559. Whitehouse v. Birmingham Canal Co., 461. R. v. Wakeley, 493. Willoughby v. Willoughby, 6, 105, 222, 442. Wills v. Maccarmick, 497, 550, 560. Wilmhurst v. Barrow Ship Building Co., 89, 378. Wilmot v. Allen, 592. Wilson v. Blythe and Tyne Rail. Co. See Thompson v. Blythe and Tyne Rail. Co. v. Conde d'Eu Rail. Co., 203. v. Constable, 544. v. Foster, 620, 624. v. Green, 42. v. Hinckley, 506. v. King, 200, 304. v. Morrell, 158. v. Thorpe, 75, 693. v. Wilson, 251, 544. Wilts, &c. Rail. Co. v. Fooks, 234, 473. Winch v. Saunders, 281, 284, 334. Winn v. Nicholson, 81. Winter v. Garlick, 290, 381. 541. v. Lethbridge, 304, 328, 433, 435, 436. v. Munton, 22, 260, 669. v. White, 55, 117, 132, 539, Winterflood v. Stoveld, 107. Winteringham v. Robertson, 148, 216, 228, 234, 242. e OBJECT OF THE TREATISE. treatise. THE principal object of this treatise is to assist an arbi- Object of the trator in ascertaining what are his particular powers and relative duties, and how he may best exercise the one and perform the other. As ancillary thereto, the nature of a submission to arbitration, and the effect of an award, are fully considered. R.-C. B Statement of the object and contents of the first part. PART THE FIRST. The Submission. THIS first part, which is introductory to the main object of this work, namely, the exposition of the duty of an arbitrator, is occupied with the consideration of the agreement by which parties agree to submit their differences to the decision of an arbitrator. An agreement of this sort is termed a submission to arbitration; or, more simply, a submission. A preliminary inquiry into its nature is necessary, since it is the submission alone that invests the arbitrator with authority, defines his duties, and is the foundation of all his proceedings. The several chapters, therefore, of this part, are employed in investigating what matters may form the subject of a submission, who may be the parties to that contract, and what are the various modes of effecting it. It is necessary here to observe that by several acts of parliament a party may be compelled to submit to arbitration; in such cases the submission cannot strictly be termed the agreement of the parties. CHAPTER I. WHAT MATTERS MAY BE REFERRED TO THE DECISION OF PART I. CH. I. Subject of In this chapter it is proposed to consider what are the subjects SECTION I. MATTERS AFFECTING THE CIVIL INTERESTS OF THE PARTIES. PART I. CH. I. S. 1. All matters chattels or I. Civil rights of the parties.]-All matters in dispute concerning any personal chattel or personal wrong may be referred to the decision of an arbitrator (a). Thus breaches concerning of contracts generally, breaches of promise of marriage (6), personal trespass, assaults, charges of slander (c), differences respecting personal partnership transactions (d), or the purchase price of property (e), and questions relating to tolls (ƒ), or the right to tithes (g), may all be the subjects of a reference. wrongs. According to the old authorities, debts which were termed Debts certain. certain, such as debts on bond, or arrears of rent under a (a) Bac. Ab. Arb. A.; Blake's case, 6 Rep. 43; Black. Comm. iii. 15, 15th ed.; Baker v. Townshend, 1 Moore, 120; S. C. 7 Taunt. 422. (b) 16 Ed. IV. 2, pl. 6. 110; Wilkinson v. Page, 1 Hare, (ƒ) Allen v. Milner, 2 C. & J. (g) Prosser v. Goringe, 3 Taunt. 425. 3 |