AWARD-continued.

HOW THE AWARD IS TO BE MADE-continued.

the award must be certain, 286.

what certainty requisite, 286.

certainty to a common intent, 286.

award need not specify time, or place, 286.
bad, if doubtful whether matter decided, 287.
how matter decided, 287.

not finding as to assets, 287.

awarding separately on separate matters, 288.
certainty as to the amount awarded, 288.

arbitrator must fix the amount to be paid, 288.
instances of awards not specifying sums, 288.
to pay money due for task work, 288.

so much as the land is worth, 288.

arrears of rent, 288.

according to market price, 288.
sufficient to release securities, 289.

money received, if any, 289.

share of expenses, 289.

of joint damages to plaintiff and stranger to cause,

290.

of money due from A., B., and C., some or one of
them, 290.

certainty as to costs awarded, 290.

arbitrator need not ascertain amount of costs, 290.
except costs in inferior court, 290.

giving rule for computing amount, 290.

made certain by reference to other document, 291.
costs of reference taxable on rule of court, 292.
submissions, rules of court, 292.

costs under Public Health Act taxable by master,

292.

award when presumed certain,

not specifying amount, presumption no dispute about
it, 292.

to pay interest from date of last settlement, 293.
debt in proportion to shares in ship, 293.
amount of bill delivered, 293.

distributive shares, 293.

to apportion trust estate, 294.

certainty as to general directions, 294. See ARBITRATOR.
arbitrator awarding security must specify its nature,

294.

must specify property to be delivered up, 294.
reasonable precision sufficient, 295.

to pull down nuisance on defendant's land, 295.
defendant or his executors to release, 295.
not deciding which of two parties to do act, 295.
award to pay plaintiff or his solicitor good, 296.
not saying to whom costs to be paid, 296.

to pay upon proof of certain things done, 296.

the award must be mutual, 296.

must benefit both parties, 296.

compensation awarded must be in discharge of claim, 296.
old rule of construction, 297.

modern rule, 297.

award de præmissis, 297.

sum awarded presumed in satisfaction, 298.

manifestly unequal, 298.

AWARD-continued.

HOW THE AWARD IS TO BE MADE-continued.
the award must be mutual-continued.

when infants parties, 18, 298.

when married women parties, 17, 298.
the award must be possible and consistent, 300.
will be upheld if possible, 300.

impossible, unintelligible, bad, 300.
contradictory, repugnant, bad, 300.

finding for defendant on inconsistent pleas, 301.
whether must be reasonable, 302.

AWARD, HOW FAR AFFECTED BY MISTAKE OF ARBITRATOR, 303.
See MISTAKE.

award when arbitrator empowered to raise a point of law, 320.

See ARBITRATOR, 859.

should state facts, not evidence, 321.

should find positively, 321.

stating abstract legal propositions, 321.

point intended to be left for court's decision, 321.

should provide for the events of the court's opinion, 322,
323.

raising point as to validity of custom, 322.

as to judgment non obstante veredicto, 323.

deciding case first, then raising point for court, 323.

awarding hypothetically, 324.

AWARD, THOUGH BAD IN PART, WHEN GOOD FOR THE REST, 325.
when the bad part of the award is separable, 325.

may be good if all matters well decided, 325.

bad in part for excess, 325.

excess as to costs, 325.

entry of verdict, 326.

entry of judgment, 326.
strangers, 326.

releases, 326.

suits, 327.

directions what to be done, 327.

future repairs, 327.

hypothetical provisions for the future, 327.

reservation of authority, 328.

who may complain, award wholly bad for excess, 329.

bad as to illegal subject-matter, 329.

poor rate and costs, 329.

whether bad when faulty direction what to be done, 432.

when excess a condition precedent, 329.

bad part separable, though no excess, 330.

uncertain as to part, 330.

alternative, one alternative bad, 330.

when the bad part of the award is inseparable, 331.

award wholly void, 331.

excess inseparable, award void, 331.

award of one sum including matters not referred, 331.
lease for too long a term, 331.

price to be paid at a future day, 332.

costs as between attorney and client, 332.
making unauthorised deductions, 332.

direction depending on the excess, 333.

difficulty in separating bad and good parts, 333.
old rule, award good if something well awarded to each,

modern rule, award bad, if reciprocity altered, 334.

AWARD-continued.

AWARD, THOUGH BAD IN PART, WHEN GOOD FOR THE REST-contd.
when the bad part of the award is inseparable-continued.

costs affected by void part, 335.

excess affecting decision as to residue, 335.

WHAT DIRECTIONS MAY BE GIVEN IN THE AWARD, 409. See ARBI-

TRATOR, 857.

how to award under the Lands Clauses Act, 452. See LANDS

CLAUSES CONSOLIDATION ACT.

how to award on the cause referred, 336. See CAUSE.

how to award as to costs, 373.

what are costs of the award, 375.

when costs to be taxed, 635.

costs of award, action for, 540.

EFFECT OF THE AWARD, 514.

See COSTS.

the award a final judgment in law and equity, 514.

certificate equally final, 514.

award changing nature of claim, 514, 546.

award when not an estoppel, 515.

effect of award on a judgment, 515.

reductio in possessionem of wife's choses in action, 520.
in equity as a decree, 515.

sometimes effective in equity, though made after time,
162, 516.

parol valid, 248, 516.

under Public Health Act, 1875..516.

under seal no deed, 517.

cannot be made a record at law, 576.

may be made order of equity, 574.

but not necessary, 574.

on appeal entered as judgment of quarter sessions, 649.
on county court reference entered as judgment of court,

97.

effect of a colourable award, 517.

agreement in Scotland put into form of a submission and
decreet arbitral, 517.

effect of an award on matters in difference not brought forward,
517.

no action lies for matters within submission, 517.

arbitrator concluded by former award, 517.

effect of award on demand rejected by arbitrator, 518.

not set up, 518.

whether suit will lie in equity for matter omitted, 518.
accidental omission, 518.

party made to account for item omitted, 518.
not conclude matters not in difference, 519.
no waiver of extrinsic objections, 519.

effect of an award on some special matters, 519.
on a cause referred, 336, 519.

See CAUSE.

on costs, 338, 373, 520. See COSTS.
on the rights of a married woman, 18, 520.
on matters not referable, 5, 520.

on matters criminal, 11, 520.

effect of an award to transfer property, 520.
cannot transfer right to land, 520.
may decide title as between parties, 521.

not give title as against a stranger, 521.
cannot transfer personal property, 522.

transferring title to chattel deposited to abide award,

AWARD-continued.

EFFECT OF THE AWARD-continued.

effect of an award to transfer property-continued.
award by statute may operate as a conveyance, 522.
award under Inclosure Act, 522. See INCLOSURE ACT.
under Artizans' Dwellings Act, 523.

award to deliver land enforceable as a judgment in eject-
ment, 521.

effect of an award on the parties and strangers, 524.

on infants, 18. See INFANTS.

corporations, 21. See CORPORATIONS.

parties added, 524. See PARTIES TO THE REFERENCE.
agents, 23. See AGENTS.

solicitors, 25.

executors, 29.

trustees, 32.

See ATTORNEY.

See EXECUTOR.
See TRUSTEE.

assignees, 524. See ASSIGNEE.

public officer, 32. See PUBLIC OFFICER.

strangers to submission, 525. See STRANGER.
award no discharge of defendant from arrest, 525.

proceeding with cause after award, 525.

assigning contingent right before award, 525.

effect of the award on the arbitrator, 525. See ARBI-

TRATOR.

effect of an award on a party bankrupt, 526. See BANKRUPT.
effect of an award on the solicitor's lien for costs, 527. See
ATTORNEY.

enforcing award by action, 539. See ACTION.

under the Lands Clauses Acts, 540.

by attachment, 586. See ATTACHMENT, 863.
by execution under the statute of Victoria,
618. See EXECUTION.

under Judicature and Arbitra-
tion Acts, 630.

under the Railway Companies Arbitration
Act, 631.

by judgment and execution in the cause
referred, 632. See EXECUTION.

in equity, 562. See EQUITY.

by motion and petition in equity, 574. See
EQUITY.

by mandamus against company, 650.

pleading an, 543. See PLEADING.

effect of, in evidence, 553. See EVIDENCE.

under Lands, Railways, and Companies Clauses
Acts, 453. See LANDS CLAUSES CONSOLIDATION
ACT; RAILWAYS CLAUSES CONSOLIDATION ACT;
COMPANIES CLAUSES CONSOLIDATION ACT.
effect of altering an award, 141, 528. See ALTERATION.
taking advantage of defects in award,

by plea, 546. See PLEA.

by demurrer, 552, 570.

See PLEADING; EQUITY.

by evidence, 559. See EVIDENCE.

by motion to set aside award, 652. See SETTING
ASIDE.

by motion to set aside judgment in cause referred,

693. See SETTING ASIDE.

referring back award, 479.

See REFERRING BACK.

-impeaching award in equity, 697.
how award should be performed, 530.

See EQUITY.
See PERFORMANCE.

BAIL,

discharge of, by reference of action, 85.

indulgence to, on execution against defendant, 708.

BALANCE not awarded to defendant, setting aside award for, 670.

BANKERS' BOOKS copies of evidence, 180.

BANKRUPT,

cannot make a valid reference concerning his estate, 33.
submission by, binds himself, 33.

reference by assignees and trustees, 34.

whether valid, without creditors' consent, 34.

such consent need not be averred in action on the award, 34.

no stamp on submission or award, 252.

personal liability of assignee, 34.

reference when admission of funds in hand, 33, 34.

assignee adopting previous reference by bankrupt, 34.

when liable to attachment on the award, 163, 590.

may move to set aside award, 679.

recent appointment no excuse for not moving in time, 663.
bankruptcy no revocation of submission, 162. See REVOCA-

TION.

may be ground for court to allow revocation, 163.
of opponent, plea of, to action for revocation, 155.
leave to revoke for bankruptcy of opponent, 159.
plea of, 551. See PLEA.

award not avoided by subsequent bankruptcy, 526.
sum awarded good petitioning creditor's debt, 526.

so penalty in arbitration bond, on breach, 527.
no bar to claim for costs not proveable, 526.
when ground of discharge from attachment, 611.

no ground for setting aside judgment in cause referred, 695.

lien of attorney of, on sum awarded, 527.

depositing chattel to abide award, liability of arbitrator, 499. See
ARBITRATOR, 859.

BANKRUPTCY, no revocation, 162.

BARRISTER,

See BANKRUPT.

as counsel, power to refer, 27. See COUNSEL.

arbitrator not make affidavit, 510. See ARBITRATOR, 8C0.

not on motion to set aside award, 680.

notes of, not to be used on the motion, 680.

letter of, whether receivable by the court, 313, 511.
charges of, 375.

BENEFIT BUILDING SOCIETIES,

when reference compulsory, 31.

where standing arbitrators not appointed, action not stayed, 36.
"disputes" defined, 37.

equity cannot question award good on face unless arbitrators are
corrupt, 38.

interest awarded to member of, 421.

distinguished from friendly societies, 37.

rights under mortgage not referable, 37.

award must be enforced, 38.

arbitrators compellable to state cașe, 319.

BENEFIT BUILDING SOCIETIES ACT, 1884. See STATUTES, 827.