ARBITRATION ACT, 1889 (52 & 53 Vict. c. 49)—continued. award on reference for trial equivalent to verdict, 370. for purposes of enforcement, 370. not for appeals, 370. costs, orders as to, 378. arbitrator may fix, 381, 384. may give, as between solicitor and client, 384, 641. but not in arbitration under submission before the Act, 384. authority making order, power over, 691. court, definition of, 151, 223. powers of, under, 224. Court of Appeal, 224. power to refer cause or question thereon, 87. to appoint arbitrator if no appointment made, 66, 223. if arbitrator fails to act, 66, 223. not to compel party to appoint, 67. not to appoint when reference to three arbitrators, 67. powers of court and judge under, may be exercised by master, 72. but not as to attachment, 606. to enlarge time for award, 150. to determine remuneration of referee, 386. to remit matters to arbitrator, 480, 485. from time to time, 487. to remove arbitrator for misconduct, 497. to enforce award as a judgment, 622. over costs, 691. same, over references by order of court as over refer ences by consent out of court, 224, 622. Crown may refer under, 39. not compellable to, 39. master, powers of court under, 72, 606. not to make order of attachment, 606. reference of matters under, 5. for inquiry and report, 87. trial, 87, 370. by consent, 87. of parties not under disability, 15, 19. when prolonged examination necessary, 6, 88. matters of account, 88. not criminal matters, 59, 75. of cause or question in, not of cause and all matters, 88. question arising in cause, what is, 89. time for, 88. conduct of, 177. witnesses' attendance at, how enforced, 179. swearing of, 182. giving false evidence, guilty of perjury, 183. remitting award, 480. repeal by, of Common Law Procedure Act, 5. of Judicature Acts, 6. of stat. 9 & 10 Will. III. c. 15..477, 654. does not affect right acquired before commencement of Act, report of referee may be adopted wholly or partially, 367. how adopted or varied, 368. ARBITRATION ACT, 1889 (52 & 53 Vict. c. 49)—continued. single arbitrator unless otherwise provided, 66. two arbitrators may appoint umpire, 214, 223. umpire so appointed has full powers, 235. umpire's award within a month, 238. costs of reference and award to be in discretion of arbitrator, 378. as between solicitor and client may be given, 378, 384. this deemed included in submissions before the Act, 378, 384. special case under, 318. court may order arbitrator to state, 320. but parties cannot compel, 320. in arbitration under Building Societies Act, 1875..319. staying proceedings contrary to reference, 46. submission under, 41, 53. not parol, 53. any agreement, whether arbitrator named or not, 53, 60. who may be arbitrator, 111. any person, 111. not interested, or partial, 112. person interested, 112. architect, who has guaranteed price of building, 112. known interest not disqualify, 112. architect to superintend builder, 112. company's valuer, 113. surveyor and shareholder of railway, 113. ARBITRATOR-continued. who may be arbitrator-continued. known interest not disqualify-continued. party arbitrator in his own cause, 113. stewards of a horse-race, not arbitrators, 114. foreigner not good arbitrator by French law, 114. county court judge may not be for reward, 115. mining engineer, 114. manufacturers and workmen, 114. barrister, 114. barrister to certify rules of savings banks, 115. the master to settle costs of compensation-jury, 115. on a compulsory reference, 115. official and special referees, 115. under Arbitration Act, officers of court, 115. made trustee to convey lands pursuant to award, 43. moral qualities requisite in an arbitrator, 116. incorruption and impartiality, 116. for misconduct court may remove arbitrator, 116. imposing terms on a party, 117. principles by which the arbitrator should be guided, 117. judge of law and fact-jury-judge at Nisi Prius-Court in Master in Chancery-Lord Chancellor-Attorney-Generaldictator, 118. principles of decision generally, 118. when all matters referred, 119. power according to law, 119. legal and equitable authority, 119. reforming a deed, 119. arbitrator not bound by rule of practice, 120. moral considerations, 120. power beyond law, 121. aimiables compositeurs," 122. OVER WHAT MATTERS THE SUBMISSION GIVES THE ARBITRATOR JURISDICTION, 123. See SUBMISSION. DURATION OF THE ARBITRATOR'S AUTHORITY, 136. duration when not enlarged or revoked, 136. when the submission provides no time within which the ARBITRATOR-continued. DURATION OF THE ARBITRATOR'S AUTHORITY-continued. when the submission prescribes a limited time for making award must be within time limited, 138. time for awarding under Arbitration Act, 138. within three months, unless enlarged, 138. within one month when award remitted, 139. "within" includes the last day, 139. limit "until" a certain day, 139. months formerly lunar, not calendar, 139. periodical limits, 140. limit under the Lands Clauses Act, 140. two arbitrators acting, 142. one of two acting, 142. single arbitrator, 142. limit under Railway Companies Arbitration Act, 141. in local Act held directory, 141. authority of arbitrator determined by making the award, 141. arbitrator cannot alter award, when made, 141. may correct clerical error, 142. cannot make new, when award set aside, 142. power to make several awards, 142. making new award under a statute, when first void, 142. enlarging the time for making the award, 143. See ENLARGE MENT. revoking the arbitrator's authority, 152. See REVOCATION. notice to arbitrator of revocation, necessary, 154. mistake of arbitrator in law, ground for application for leave to revoke, 160. corrected on motion to revoke, 206. when award made after revocation effective, under 3 & 4 Will. IV. c. 42..156. bankruptcy no revocation, 162. death, or refusal to act, of the arbitrator, a revocation, 164. See REVOCATION. supplying vacancy, 66, 165. POWER AND DUTY OF THE ARBITRATOR BEFORE MAKING THE AWARD, 171. proceedings in the reference, 171. serving the submission on the arbitrator, 171. procuring order of reference, 172. power of the arbitrator to regulate the proceedings in the reference, 172. arbitrator to decide how reference to be conducted, ARBITRATOR-continued. POWER AND DUTY OF THE ARBITRATOR, &c.-continued. excluding son of party and shorthand writer, 174. examining sick witness at his own house, 175. arbitrator must perform condition precedent, 176. power under Railway Companies Arbitration Act, 176. under the Common Law Procedure Act, 177. power of referee under Judicature Acts and Rules of copies of bankers' books evidence, 180. examination of the witnesses on oath, 182. under Arbitration Act, 1889.. 182. old practice, swearing witnesses, 183. before the court or a judge, 183. not before commissioners for taking affidavits, 183. arbitrator formerly no power to administer oath, 183. new practice, arbitrator may administer oath, 183. witnesses sworn at the meeting, 183. false evidence, perjury, 183. arbitrator empowered to administer oath under Lands, Railways, and Companies Clauses Acts, 183. no power formerly on county court reference, 184. evidence by affidavits, when admissible, 184. attempt to mislead arbitrator a misdemeanor, 184. duty of the arbitrator to hear the evidence, 185. arbitrator should hear all the evidence, 185. how arbitrator may be set right, 160, 185, 206. when arbitrator may refuse to hear evidence, 186. when peculiarly skilled, 186. where usage to value on inspection, 187. if deciding on inspection of samples, 187. government board, arbitrators, 187. view discretionary, 187. rejecting evidence of want of assets, 188. misleading party, awarding before case closed, 188. closing case too hastily, 188. party asking to be heard, 188. |