ACTION-continued. ON AN AWARD, 539. an award a ground of action, 539. under Lands Clauses Act, 540. when it will lie, 540. costs of reference need not be taxed before action, 540. action for costs of award, 540. enforcing award by action, 541. statement of claim, 541. old forms, assumpsit, debt, 541. covenant, 542. case, 542. points of practice in actions to enforce awards, 542. as to change of venue, and affidavit of debt, 542. interest recoverable on sum awarded, 542. reference to the master to compute principal and interest, 543. writ of inquiry, 543. pleadings in an action on an award, 543. See PLEADING. ADJUSTMENTS between counties and boroughs, reference of, 8. ADMINISTRATION ACTION, referee not bound by ordinary practice of chief clerk, 368. ADMINISTRATOR. See EXECUTOR. ADMISSION, of mistake by arbitrator, setting aside award for, 308, 676. remitting back award for, 484. by arbitrator of bribery not received, 310. made by party before arbitrator, when evidence, 507. ADMITTED DEMAND, a matter in difference, 124, 268. ADULTERY, receiving evidence of, though not pleaded, 201. ADVOCATES, arbitrators acting as, improper, 215. AFFECTED DELAY, moving for costs for, 107. AFFIDAVIT, form of. See APPENDIX, 781. of arbitrator, admitting mistake in award, 307, 311. to explain intention, not receivable, 313, 509. barrister not usually make, 510, 680. verifying award on summons, to enforce, 630. on motion for attachment, 602. See ATTACHMENT. to enforce or set aside award, 677. See EXECUTION ; SETTING ASIDE. copy to be served with notice of motion, 677. irregularity of service of, may be condoned, 677. to show matter not awarded on, 268. entitling on motion to set aside award in equity, 704. AFFIRMATION, form of. See APPENDIX, 754. of Quaker, &c., attachment granted on, 606, AGENT, reference by, 23. what sufficient authority to refer, 23. arbitrator acting as, improper, 215. demand by, of thing awarded, 597. See ATTACHMENT, 862. AGREEMENT of reference, termed a submission, 40. verbal, 52. by writing not under seal, 53. requires stamp, 54. not valid till all parties execute, 136. under the Statute of William. See STATUTE OF WILLIAM III. revocation of, 152. See REVOCATION. to refer future disputes, effect of, as a submission, 60. when arbitrator not named in, 60. when arbitrator named in, 61. when specified, how arbitrator to be appointed, 61. whether assent, after difference arisen, necessary, 61. in partnership deed, not revocable, 153. effect in law of agreement to refer future disputes, 61. whether action for breach, 62. governing principle, 62. liquidated damages, 62. damages for breach, 62. no plea in law to bar action, 62. when condition precedent to action, 62, 63, 64. ground for application to stay action, 64. effect in equity of agreement to refer future disputes, 64. no specific performance of agreement where parties refuse to appoint, 64. no plea of, in equity, 64. how useful in equity, 65. no ground for injunction, 65. distinguished from a covenant not to sue, 65. under Railway Companies Arbitration Act binding, 65. agreement not to proceed at law or equity, 65. effect of the Arbitration Act, 1889..66. provisions implied in submissions, 66. single arbitrator, 66. arbitrator's power to appoint umpire, 66. appointment by court, 66. court cannot compel appointment, 67. nor appoint third arbitrator, 67. nor where reference not strictly an arbitration, 67. effect in law of agreement not to sue, 68. agreement enforced by action, 68. by setting aside proceedings, 68. discretion in enforcing it, 69. no plea on equitable grounds, 69. agreement precluded motion to arrest judgment, 69. or on a special case, 70. not prevent motion to set aside award, 70. effect in equity of agreement not to sue, 70. AGREEMENT-continued. to make submission a rule of court, 58. enlarging time by, 147. See ENLARGEMENT. AGRICULTURAL HOLDINGS ACT, 1883. See STATUTES, 827. award under, specific items to be stated, 478. reference of matters under, with other matters, 478. ALLOTMENTS ACT, 1887 (50 & 51 Vict. c. 48). See STATUTES, 832. arbitrator to determine costs, 380. ALLOTMENTS, &c. (COMPENSATION FOR CROPS) ACT, 1887 (50 & 51 Vict. c. 26). See STATUTES, 830. compensation to be settled by arbitration, 8. appointment of arbitrator under, 114. award, how enforced, 631. ALLOWANCE ordered by arbitrator on goods, 414. ALTERATION of order of reference by way of amendment, 79. striking out clause not to file bill in equity or bring error, amending compulsory order as to costs, nunc pro tunc, 81. amending clerical error, 81. damages not allowed to be increased, 73. no amendment of material mistake of officer, 81. of terms of reference without altering submission, 82. allowing particulars of set-off after reference, 82. enlarging particulars of demand, 82. no new plea allowed, 83. allowing plea to further maintenance, 83. of submission, error in account delivered, 81. of the record, power of the arbitrator on the reference, 202. of award, arbitrator could not make, 141, 529. may make to correct clerical error, 529. court cannot make, 528. by party, may destroy award, 529. by a stranger, effect of, 529. on reference back arbitrator may make, 489. of verdict, not made according to arbitrator's notes, 635. ALTERNATIVE AWARD, 280. See AWARD, 868. A. or B. to do an act, 295. defendant or his executors to release, 295. 80. AMENDMENT. See ALTERATION. AMENDMENT OF THE LAW (3 & 4 Will. IV. c. 42), 804. See STATUTES. AMENITIES, loss of, no ground of compensation, 458. See LANDS CLAUSES CONSOLIDATION ACT. AMOUNT awarded, certainty as to, 288. See AWARD, 869. ANIMUS ARBITRANDI necessary in award, 255. ANNUITY, matters relating to, reference of, 133. release of, awarding, 433. ANSWER, to support plea of award to bill in equity, 572. See EQUITY. APPEAL, against compulsory order of reference, 91. under Lands Clauses Act, 320. at quarter sessions referable, 9, 97. See QUARTER SESSIONS. attorney may refer, 27. against award, though equivalent to verdict, not to Court of Appeal, 370. against report of referee, 371. against judgment directed by referee, in Chancery Division, 371. against award on compulsory reference, to Divisional Court, 371. whose decision is final, 664, 692. from order of referee, 372. did not lie to House of Lords on award in Chancery, 704. from refusal of judge in Chancery Division to set aside award, 704. accepted by arbitrator, 112. by judge under Arbitration Act, 66. not when reference to three arbitrators, 67. by party, cannot be compelled, 67. under Allotments, &c. Compensation for Crops Act, 1887.. 114. by Board of Trade or Local Government Board irrevocable, 115, 161. under the Lands Clauses Act, 99. should be in duplicate, 585. making rule of court, 585. where one party makes default, 100. of new arbitrator on death, &c., 101. under Railways Clauses Consolidation Act, 102. Railway Companies Arbitration Act, 1859.. 102. APPOINTMENT-continued. of arbitrator-continued. under Companies Clauses Consolidation Act, 1845.. 103. Local Government Act, 1888.. 104. Housing of the Working Classes Act, 105. of umpire, 231. See UMPIRE. of third arbitrator, recital in award no evidence of, 554. form of. See APPENDIX, 752. APPORTIONING tithe rent-charge, 434. costs of the cause and issues, 638. APPRAISEMENT not an award, 254. APPRENTICESHIP INDENTURES, awarding cancellation of, 411, 414. ARBITRATION ACT (9 & 10 Will. III. c. 15). See STATUTES, 803. ARBITRATION ACT, 1889 (52 & 53 Vict. c. 49). See STATUTES. application of, to arbitration, doubtful if to awards on submissions by parol, 57. what inconsistent, 319. under Building Societies Act, 1875..319. not to Scotland or Ireland, 41. to any arbitration commenced after Act under submission before, 378. to old submission, 378. arbitrator or referee under, may enlarge term for award, 143. appointment of, by court, 165. how to conduct reference, 177. authority of, cannot be revoked without leave of court, 153. may be removed for misconduct, 116. when officer of court, 203, 495. effect of being, 203, 496. may state special case, 206. by the Crown, 39. may give costs, 383. award under, to be made in three months, 138. time for making, may be enlarged by arbitrator, 138. by court, 150. when remitted, to be made in three months, 139. clerical mistake in, may be corrected, 142, 267, 310, 529, 668. not if reference by order of court, 310. to be in writing, 248. may be enforced as judgment, 622. execution on, 630. setting aside, 653. whether on parol submission, 653. "improperly procured," 676. |