CAUSE continued. REFERENCE FAILING PROCEEDING WITH THE CAUSE REFERRED, 706. action proceeds, unless cause terminated, 706. juror withdrawn on reference, effect of, 707. when verdict taken, a new trial must be had, 707. trial by proviso, infant plaintiff repudiating award, 707. award set aside, first verdict falls with it, 707. when no award made, first verdict must be set aside, 707. award set aside, costs of first trial not follow second trial, 708. when only amount of damages referred, 708. when cause referred altogether, 708. held in Queen's Bench, court had power to allow execu- discretionary when to grant it, 709. held in Exchequer, court had no power, 709. court cannot order verdict for defendant, plaintiff refusing to in equity, reference failing, suit proceeds, 709. reserved liberty to apply, 710. CAUSE, SHOWING, against motion for attachment, 609. See ATTACHMENT, 864. rule to set aside award, 686. See SETTING ASIDE, 941. CERTAIN, award must be, 286. See AWARD, 869. CERTIFICATE, arbitrator to make, instead of award, 259. not require stamp, 259. two certificates forming one award, 260. entering verdict pursuant to, 351. may be set aside as an award, 679. in award, cause proper for superior court, 407. CERTIFYING, for costs, 404. See COSTS. for speedy execution, 360. award referred back when certificate for costs defective, 486. CHAMBERS, judge at, no power to set aside award, 653. See JUDGE. CHANCE, appointing umpire by, bad, 231. See UMPIRE. CHANCELLOR, arbitrator sometimes as, 118. CHANCERY, submission and award in. See SUBMISSION; EQUITY. CHARGES, of arbitrator, whether action lies for, 493. See ARBITRATOR, 859. CHARITY, suit, consent of Attorney-General to reference necessary, 22, so to proceeding on award in equity, 580. corporation compelled to renew lease, 580. awarding as to lands of, 429. CHARTER-PARTY, clause in, for reference, not affect disputes on CHATTEL, of wife, husband might bind by reference, 17. deposited with arbitrator to abide award, 498, 499. whether arbitrator may award, 411. CHOSES IN ACTION of wife, award reduces into possession, 18, 520. CIVIL INTERESTS. See SUBJECT-MATTERS OF REFERENCE. CIVIL LAW will compel arbitrator to award, 203. CLAIM, admitted, is a matter in difference, 124, 268. abandoned, is not a matter in difference, 124, 268. for compensation under the Lands Clauses Act, 453. See LANDS to attorney, no power to consent to appointment of umpire by lot, to senior official referee, to distribute business, 93. CLIENT, when bound by reference by his solicitor, 25. or his counsel, 27. CLIENT AND ATTORNEY, awarding costs as between, 332, 383. under Arbitration Act, 1889..383. taxing costs as between, 641. COAL, award to dig for, performance of, 532. COAL MINES REGULATION ACT, 1887, arbitrator to be mining engineer, 114. award under, 440. CO-DEFENDANTS, mutual claims of, referred by general reference, 132, 264. COLLEGE, reference by master and fellows, 21. COLLUSION of arbitrator not pleadable. See PLEA. COLOURABLE AWARD, effect of, 517. COMMENCEMENT of arbitrator's authority, 136. See ARBITRATOR, 851. of umpire's, 234. See UMPIRE. of period limited for setting aside award, 655. COMMISSION to take evidence granted in aid of arbitration, 96, 181. COMMISSIONERS OF PARTITION, powers of, 442. COMMISSIONERS OF RAILWAYS, powers transferred to Board of Trade, 228. COMMITTAL to Queen's prison of party not performing award in equity, 577. COMMITTEE OF LUNATIC, power of, to refer, 32. See LUNATIC. COMMON LAW, submission of a cause by judge's order at, 71. COMMON LAW PROCEDURE ACT, 1854 (17 & 18 Vict. c. 125), 805. repeal of, 5. reference of action under, 89. judge at Nisi Prius could not order, 89. but might discharge jury and then order, 89. in what cases ordered, 89. when part only matter of account, 89. cause still remained in court, 91. order of reference usually provided for the costs, 89. arbitrator no implied power over costs, 89, 380. same powers and duties as in other references, 177. action stayed after agreement to refer, 47. though made rule of Chancery, discovery not compelled, 60. no reference to county court judge, 91, 203. court or judge might enlarge time for award, 151. power to refer back (s. 8) general, 480. parties could not compel arbitrator to state a case, 318. pleadings to be awarded on distributively, 348. doubtful whether award could be enforced by attachment, 591. or by rule to pay, 622. signing judgment on compulsory reference, 647. COMMONS, inclosure of, by award, 6. See INCLOSURE ACT. COMMONS, HOUSE OF, no attachment on award against member of, 590. COMPANIES CLAUSES CONSOLIDATION ACT, 821. STATUTES. reference under, 103. See matters concerning incorporated joint stock companies to be appointing arbitrator, 103. submission not revocable by death of party, 170. on death, incapacity, refusal, or neglect of one of two arbitrators, arbitrators to appoint umpire before entering on reference, 226. effect, if they cannot agree as to an umpire, 103, 226. probably may, under Arbitration Act, 1889..227. submission to be made rule of court, 585. costs of arbitration in discretion of arbitrators or their umpire, arbitrators and umpire may administer oath, 184, 190. COMPANY, may examine on oath parties and witnesses, may call for documents, 190. mandamus against, to enforce award, 591, 650. reference by, under statute, 38. dissentient member no right to inspect books of, 181. manager of, may show cause against rule on company to pay, 626. COMPENSATION, for future damage, reference of, 134. may be awarded for lands taken for public undertakings, 6. apportionment of, under the Lands Clauses Act, 456. See LANDS under Public Health Act, 1875..456. inquiry, costs of, 402. payment of, before possession taken by Drainage Board in COMPLAINT for setting aside, notice of motion sufficient, 659. COMPROMISE of action by counsel, 28. COMPULSORY REFERENCE, 5, 87, 370. See ARBITRATION ACT. decision of Queen's Bench Division on final, 692. COMPUTATION of time for making award, 136. COMPUTING principal and interest on award, 543. CONCEALMENT, fraudulent, ground for setting aside award, 673. CONDITION, arbitrator imposing on party improper, 117. CONDITION PRECEDENT, to arbitrators entering on reference, 176. making declaration under Lands Clauses Act, 176. awarded must be performed before attachment, 598. CONDITIONAL AWARD, 277. See AWARD. of a verdict, 634. CONDITIONAL DIRECTION in award as to stranger, 450. CONSENT, of creditors to reference by assignee of bankrupt, 33. to reference binds stranger, 22. to award binds stranger, 569. of parties to appointment of umpire by lot, 232. See UMPIRE. cures irregularity in proceedings, 195, 665, 686. to marriage, plea to action for revocation by marriage, 155. 100. CONSEQUENCES of the award, 514. See AWARD, 871. CONSISTENT, award must be, 300. See AWARD, 870. finding on inconsistent pleas for same party, when valid, 301. CONSPIRACY, indictment for, referable, 12, 133. CONSTRUCTION, of terms in submission, 123. See SUBMISSION, 949. CONTEMPT, of court, breach of submission made rule is a, 68, 86. disobedience to award is a, 586. See ATTACHMENT. CONTINGENT CLAIMS, reference of, 134. CONTRACT, enforcing, though reference fail, 710. See EQUITY. CONTRADICTORY AWARD, 301. See AWARD, 870. CONVEYANCE, arbitrator making partition should award, 267, 520. should award to pass title to land, 428. must specify nature of, 428. need not draw it, 429. reserving power to settle, when good, 286. See AWARD, costs of preparing, 535. award to execute, enforced in equity, 563. of charity estates, 429. |