ENLARGEMENT,

forms relating to. See APPENDIX, 756.
of the time by the arbitrator, 143.

no implied power to enlarge, 143.

should be made during original period, 143.
after period under special power good, 144.
enlarging "until" a certain day, 144.
defective clause to enlarge, 144.
enlarging after death of party, 144.
judge's order for, when to be made, 145.
by two of three arbitrators, 145.

how it should be made, 145.

according to submission, 146.

under Arbitration Act, 146.

often by writing indorsed on submission, 146.
no particular form of words, 146.

from time to time, 147.

by umpire not enure for arbitrators, 147, 238.
under the Lands Clauses Act, 147.

of the time by consent of the parties, 147.
by consent, a new submission, 147.
stamp required, 147.

by deed, not to defeat action on arbitration bond, 541.
conduct of parties often a consent to, 148.

attending meetings after time expired, 148.

bringing forward new claims after time, 149.
stating future day as limit, 149.

enlarging time by consent a discharge of surety, 149.

of the time by the courts of law, 149.

no common law power to enlarge, 149.

power given by Arbitration Act, 1889...150.

for one month if not otherwise specified, 150.
court may enlarge after time elapsed, 150, 657.
after award made, 150.

rule to enlarge not granted ex parte, 151.

enlargement, quantum valeat, 151.

drawing up rule, 151.

enlarging under Common Law Procedure Act, 1854...151.
no power under Public Health Act, 1875...151, 241.

general power under rules of court, 657.

of the time by a court of equity, 151.

practical enlargement of time in equity, 152.

under the Lands Clauses Act, 152.

not an entering on the matters referred, 228.

before appointment of third arbitrator, the two cannot enlarge,
219.

by umpire before disagreement of arbitrators, 238.

notice, what sufficient for attachment, 600.

ENQUIRY. See INQUIRY.

EPPING FOREST ACT, costs of arbitration costs of purchase, 472.

EQUITY,

submission by order of court of, 95.
stay of proceedings in, 95.

revocable at will of a party, 160.

of one of several parties, 153.

would grant discovery on compulsory reference, not on voluntary,
96, 567.

whether jurisdiction to enlarge time, 151.

practical enlargement, 152.

issue from court of, not referable by court of Nisi Prius, 75, 95.
jurisdiction of, gone by such reference, 96.

effect of an award as a decree, 515.

whether suit will lie for matter omitted in award, 517.

THE AWARD AS A GROUND IN OLD TIMES OF PROCEEDINGS OR

DEFENCE IN EQUITY, 562.

enforcing an award by bill in equity, 562.

when specific performance decreed, 562.

whatever the submission action will lie, 562.

performance of award enforced as of a contract, 563.
not to enforce award for payment of money only,

563.

to enforce award of lease or conveyance of lands, 563.
under Lands Clauses Act, 564.

not to enforce award inconsistent with submission,
564.

not unless award ratified or part performed, 564.
award bad in law enforced when part performed, 565.
party not bound to take penalty in lieu of perform-
ance, 566.

proceeding at law no bar to bill, 566.

whether lapse of time a bar, 566.

scire facias on submission by recognisance, 567.
discovery when allowed, 567.

when award invalid or inequitable, 567.

no action lies to enforce award contrary to law, 567.

illegal direction not enforceable, 567.

award directing a perpetuity, 567.

unreasonable award, 567.

inequitable award, 567.

award affecting infant, whether enforced, 19, 567.

married woman's lands, 568.

enforcing award against stranger consenting to it, 569.

stranger bound through laches, 569.

stranger cannot enforce award, 569.

demurrer to action setting forth void award, 570.

award void in part, 570.

injunction to prevent breach of award, 570.

to restrain continuing nuisance not pro-
hibited by award, 570.

pleading an award in bar to an action in equity, 570.
pleading award to bill to set it aside, 570.

to open

the account, 570.

plea good to merits and discovery, 571.

whether award made after bill filed pleadable, 571.
ground of motion to stay proceedings, 572.

corruption or fraud charged in bill, 572.

must be denied by plea and answer, 572.

whether plea of, award good, when corruption denied in
answer only, 572.

answer must deny specifically charges in bill, 572.

EQUITY-continued.

THE AWARD AS A GROUND IN OLD TIMES, &c.-continued.
pleading an award in bar to an action in equity-continued.
plea of award and release, 573.

no plea for a stranger to submission, 574.

enforcing an award by summary proceedings in equity, 574.
whether the award must have been made an order of court
before enforcement, 574.

making award in suit an order in Chancery, 574.
practice since Judicature Acts, 574.

motion to make award order of court required notice,
576.

making award under the statute of Will. III. an

order of Chancery, 575.

award cannot be made a record at law, 575.

motion to enforce award, 575.

award under the statute of Will. III., 575.

award not a judgment or decree, 576.

submissions to have effect of orders of court
under Arbitration Act, 1889..576.

practice enforcing award under the statute of
Will. III., 576.

submission and award must have been made
orders of court, 576.

notice of motion to make award order, 576.
service of award and demand of perform-

award made order of court, 578.

objections to award not allowed after, 578.

notice of motion to obey award, 578.

order to perform within specified time, 578.

order enforced as order in a suit, 578.

by attachment, 579.

by leave of the court, 579.

to be applied for on notice of motion,
579.

enforcing payment of sum awarded under statute of
Victoria, 579.

fieri facias and elegit, after order, 579.

taxing costs without special order, 579.

enforcing under Arbitration and Judicature Acts, 579.
motion to pay money out of court according to award,
579.

defendant cannot move to dismiss plaintiff's bill,
submission rule of court of common law, 580.
enforcing award in a charity suit by petition, 580.
consent of Attorney-General requisite, 580.
charitable corporation compelled to renew a
lease, 580.

EQUITY-continued.

IMPEACHING AN AWARD IN EQUITY, 697.

in what cases Chancery has jurisdiction to set aside an award,

697.

jurisdiction of Chancery to set aside awards, 697.

Chancery has jurisdiction, 697.

when reference by private agreement not made rule of
court, 697.

when reference in an action at common law, 697.

not affected by the statute of Will. III., 698.
whether equity has jurisdiction when submission out
of court made a rule of a court of common law, 698.
equity no jurisdiction, 698.

jurisdiction confined to the court of which submis-
sion made rule, 698.

though submission not made rule until after
award made, 698.

or until after bill filed, 698.

though submission to be a rule of Chancery, Chancery
no jurisdiction by bill, 698.

but by motion, 698.

court in Arbitration Act, 1889..699.

on what grounds equity will set aside an award, 699.
usually same in equity as at law, 699.

evidence as to merits let in to impeach conduct of arbi-
trator, 699.

equitable proceedings under Arbitration Act, 700.

award under a statute made on a mistake, not set aside,
700.

what the modes of proceeding to set aside an award in equity,

701.

proceeding by bill to set aside an award, 701.

bill lay when submission not under statute of
Will. III., 701.

on reference of suit at trial of an issue, jurisdiction
of equity gone, 701.

grounds of objection must be stated particularly in
bill, 701.

pleading the award in bar, 701.

demurrer when grounds alleged insufficient, 702.

not that parties have proceeded at law, 702.
arbitrator charged with corruption cannot demur,
502, 703.

when arbitrator to be made a defendant, 502, 703.
proceeding by motion to set aside an award, 703.

whether submission be in a suit or under statute of
Will. III., 703.

only course when submission provided for being

made rule in Chancery, 703.

submission must have been made order of court
before motion, 703.

notice of motion must be given, 703.

motion in term or out of term, 703.

notice of motion must state grounds, 704.

how affidavits to be entitled, 704.

cross-motion to set aside, on motion to make award,

EQUITY-continued.

IMPEACHING AN AWARD IN EQUITY-continued.

ERROR,

what the modes of proceeding, &c.—continued.

order nisi to set aside award under Lands Clauses
Act, 704.

filing exceptions to an award in a suit, 704.

old practice to file exceptions to awards, 704.

present practice no exceptions, but when arbitrator,
put for the master, 704.

reference failing, suit proceeds, 709.

reserved liberty to apply to the court, 710.

enforcing in equity a contract dependent on an abortive refer-
ence, 710.

when reference of essential terms, no action will lie to
enforce contract, 710.

equity not divide an estate, or fix purchase price, 710.
death of agent appointed to approve price, 711.

party dying after award prepared, but not executed, 711.
court will fix price when submission not of essence and
part performance, 712.

will settle separation deed, 712.

though reference respecting price, when part perform-
ance, 712.

award made after time elapsed, when enforced, 713.
apportionment of compensation under Lands Clauses Act,
456.

subpoena for witnesses to give, 179.

duty of arbitrator to hear, 185.

See ARBITRATOR, 853.

arbitrator bound by rules of, 199. See ARBITRATOR, 854.

should take, in presence of parties, 191.

should take notes of, 189.

should hear, on reference back, generally, 489.

by affidavits, when admissible on reference, 184.

rejecting, no ground for setting aside award, 673.
awarding contrary to, no ground, 306.

new, discovered, whether ground, 673.

admitting improper, whether ground for revocation, 158.