ARBITRATOR-continued. POWER AND DUTY OF THE ARBITRATOR, &c.—continued. proceedings in the reference-continued. power of the arbitrator to call for documents, 190. in submission, 190. under the Lands, Railways, and Companies Clauses Acts, and Railway Companies Arbitration Act, 1858.. 190. duty of the arbitrator to receive no evidence unless both parties are present, 191. arbitrator should not receive a private statement from a party, 191. should examine witness in presence of both parties, 191. irregular examination avoids award, 191. held, in the Common Pleas,-only when party in fault, 192. in the Queen's Bench,-though party not in fault, 192. examining witness, both parties absent, bad, 193. party in private, bad on public grounds, 193. no exception in case of merchant arbitrators, 194. inquiring whether party admits or disputes items, 194. private statements to accountant, 194. meeting, nothing done in the reference, 195. waiving objection to irregular conduct of the arbitrator, 195. parties may waive irregularity, 195. improper enlargement of time, 195. appointment of umpire, examination in private, 196. rehearing by three arbitrators, 196. attending meetings under protest, 196. waiver, by lying by without objecting, 197, 216. when the arbitrator empowered to proceed ex parte, 197. arbitrator may not proceed ex parte without good cause, 198. party refusing to attend, 198. attempting to revoke, 198. notice of intention to proceed ex parte, 198. peremptory notice for each meeting, 198. whether notice requisite when authority denied, 199. Railway Companies Arbitration Act, 1859.. 199. duty of the arbitrator in deciding points of evidence, 199. arbitrator bound by the rules of evidence, 199. his decision not open to review, 200. refusing to hear evidence on a matter is not a mere determining claim for damages to be a debt, 200. receiving evidence of adultery in assumpsit, when not ARBITRATOR-continued. POWER AND DUTY OF THE ARBITRATOR, &c.-continued. rejecting evidence after accounts closed, 201. arbitrator to take notice of stamp on documents, 202. of arbitrator between counties and boroughs to state case, 202. party retaining power of objecting to evidence, 202. duty of the arbitrator when empowered to amend, 202. may correct error in description, 203. may not strike out substantial claim, 203. power of the arbitrator to make or decline to make an award, 203. court no power to compel arbitrator to award, 203. unless under Arbitration Act he is "officer of the court," 203. compelled to award by the civil law, 203. injunction to restrain arbitrator, 203. closing the case, 205. the parties, 204. arbitrator should give notice that case is closed, 205. reopening case, 205. requiring matters in difference to be stated in writing, 205. making interlocutory award, 205. when arbitrator about to award wrongly, 206. setting him right on motion to revoke, 160-206. stating case or trying issue pending the reference, 206. case stated under Arbitration Act, 1889..206. Rules of Court, 207. error did not lie on case stated, 206. delegating authority before award, 207. power of the arbitrator to adopt the opinion of another, 207. arbitrator may not delegate judicial functions, 207. may adopt opinion of another, 208. but not when he believes it wrong, 209. may take assessors, 208. calling in a valuer, 209. when objectionable to call in solicitor, 209. duty of the arbitrator in taking an opinion on matter of fact, 210. whether arbitrator should examine adviser as a witness, 211. duty of the arbitrator in taking an opinion on a point of law, 211. may consult counsel as to framing award, 211. should be in presence of parties, 213. taking counsel's opinion on a case, 211. on a case stated incorrectly, 212. power of the arbitrator to delegate a ministerial act, 213. whether accountant ministerial officer, 213. taxing costs ministerial, 213. duty of joint arbitrators, 214. appointment of joint arbitrators, 214. court cannot compel appointment, 214. appointing includes notifying to party, 214. ARBITRATOR-continued. POWER AND DUTY OF THE ARBITRATOR, &c.-continued. power of two arbitrators to appoint umpire, 214. See powers under Arbitration Act, 1889. .214. disadvantages of a reference to several arbitrators, 215. arbitrators often advocates of party appointing, 215. mistake as to nature of duty, 215. two arbitrators appointing a third, 215. judge appointing a third arbitrator under Common Law Procedure Act, 226, 227. ambiguity of submission, 216. duty of all the arbitrators to act, 216. if one refuse no award can be made, 216. waiver of objection to not acting, 216. arbitrators may not delegate to each other, 217. may adopt each other's opinion, 217. all the arbitrators must act together, 217. one cannot proceed if other merely fail to attend, 218. separate examination of witnesses, irregular, 218. absence of one arbitrator procured by a party, 218. all should execute award together, 218. appointment of umpire sometimes condition precedent to acting, 219. under the Lands, Railways, and Companies Clauses Acts, and Railway Companies Arbitration Act, 219. disagreement of joint arbitrators, 236. See UMPIRE. arbitrators' charges may be cost of umpirage, 245, 375. duty of arbitrators when award by less than all valid, 219. before commencing, two must choose a third, 219. third arbitrator not an umpire, 219. enlarging time before appointing third arbitrator, 219. recital in award no evidence of appointment of third arbitrator, 554. two may act alone, if third refuse, 219. where no refusal, third must be consulted, 220. Acts, and Railway Companies Arbitration Act, 221. what a refusal to act, 222. power and duty of an umpire, 223. See UMPIRE. DUTY OF THE ARBITRATOR IN MAKING HIS AWARD, 246. See DUTY OF ARBITRATOR STATING A CASE, 206. See CASE; AWARD. HOW TO AWARD ON THE CAUSE REFERRED, 336. See CAUSE. HOW TO AWARD AS TO COSTS, 373. See COSTS. HOW TO AWARD UNDER THE LANDS CLAUSES ACT, 452. See LANDS CLAUSES CONSOLIDATION ACT. ARBITRATOR-continued. WHAT DIRECTIONS MAY BE GIVEN IN THE AWARD, 409. directions under the general powers of the arbitrator, 410. what kind of satisfaction may be directed, 410. arbitrator no implied power over person or land, 411. power over personal estate only, 411. over apprenticeship, but not apprentice, 411. none to award lien on land, 411. or to direct two parties to marry, 411. whether arbitrator may award other satisfaction than money, 411. awarding chattel, 411. defendant to keep plaintiff's goods, 411. power to give directions, not implied, 412. none to order tenant to replace fixtures, 412. or party to take disputed title with all faults, 412. awarding power of distress invalid, unless dispute respecting right to power, 413. matter in difference necessitating special directions, 413. ordering indentures of apprenticeship to be cancelled assignment of apprentice void, 414. directing acceptance of goods at reduced price, 414. no power to direct illegal act, 415. or to order party to commit a trespass, 415. directions as to payment of money, 415. See PAYMENT. See INTEREST. See CONVEYANCE. as to allotting lands, 440. See INCLOSURE ACT. in making partition of lands, 442. See PARTITION. directions affecting strangers to the submission, 443. See STRANGER. directing a payment to be made to a stranger, 443. a stranger to do an act, 446. directions affecting a stranger's property, 449. directions under a power to award what shall be done, 432. that nothing be done, good, 431. whether award bad when faulty direction, what to be done, 432. injunction where no directions in award and nuisance recurring, 432. directions as to what shall be done held valid, 432. no objections to directions allowed as to the merits, 433. directions when presumed certain, 433. awarding release of annuity, 433. undivided shares of tithes, 434. imposing duty of repairing, 435. regulating a stream of water, 435. ARBITRATOR-continued. WHAT DIRECTIONS MAY BE GIVEN IN THE AWARD-continued. provision for possible change of course of stream, 435. directing running of trains on railway, 436. awarding too large a right of way, 437. not specifying fixtures, 438. what precautions to be taken, 438. what process of filtering to be used, 439. arbitrator should award specifically on scientific matters, 439. award not specifying capacity of drain awarded, 439. advisable to annex a plan to the award, 440. directions under Coal Mines Regulation Act, 440. the award, how far affected by a mistake of the arbitrator, 303. See MISTAKE. effect of extrinsic statements by the arbitrator showing a mistake on his part, 310. statement by arbitrator of wrong reasons for decision, 310. hearsay evidence of admissions, 310. whether admissible to impeach award, 310. old practice to act on such statements, 311. statement of reasons delivered with award, 311. case stated with award, 311. letter admitting excess of jurisdiction, 311. affidavit of mistake, 311. statement with a view to the court's opinion, 312. modern rule, statements of arbitrator not receivable, 312. letter of arbitrator rejected, 313. of barrister arbitrator, 313. affidavit to explain award, 313. letter of arbitrator to show his intention, 313. inquiry by the court of the arbitrator's grounds of award, 314. damages, up to what date, 315. inquiry in open court, 315. in equity, 315. STATING CASE UNDER ARBITRATION ACT, 1889.. 318. arbitrator may state special case, 318. court may compel it, 318. was not compulsory to do so under Common Law Procedure Act, 318. referee under Judicature Acts may state case, 318. appeal from judgment on case, 319. costs of hearing special case, 319. arbitrator under Lands Clauses Act may state a case, 319. not so Local Government Board when statutory arbitrators, arbitrators under Building Societies Act compellable to, 319. |