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FIXTURES,

where arbitrator may not order replacement, 411.
when award bad for not specifying quality, &c., 438.

FOREIGN ATTACHMENT,

no answer to motion for attachment, 612.

plea of, in debt on arbitration bond, bad, 551.
on award, good, 551.

FOREIGN COURT, reference to, 50.

FOREIGNER, when not good arbitrator by French law, 114.

FRAUD,

setting aside submission for, 78.

charge of, when referable compulsorily, 48, 90, 92.
proving in action submission obtained by, 561.
setting aside award for, 672.

FRAUDS, STATUTE OF. See STATUTE OF Frauds.

FRIENDLY SOCIETY,

what is, 35.

disputes concerning, settled by arbitration according to the rules,

35.

or by county court, 35.

claim on a policy, 36.

arbitrators not bound to have counsel, 35.

distinction between, and building societies, 37.

FRONTAGER,

effect of award on, under Public Health Act, 516.

loss of river frontage, 463.

FURTHER,

time for moving to set aside award, 657, 661. See SETTING ASIDE,

939.

maintenance of action, pleading award to, 548.

FUTURE,

claims, reference of, 134.

differences and use of property, 5.

GENERAL VERDICT, effect of award of, 347.

GOODWILL to be considered in value of premises taken, 463.

GROUNDS,

of award, whether arbitrator must state, 503.

for setting aside award, 664. See SETTING ASIDE, 939.

must be stated on motion, 683.

for setting aside judgment, need not, 696.

GUARDIAN,

award in equity, 703. See EQUITY.

death of infant, revocation of submission by, 168.

award to give bond for infant to convey, held unreasonable 568.

GUILTY, verdict of, should be taken on reference of indictment, 75.

HABEAS CORPUS, for bringing prisoner for examination before
referee, 179.

HIGHWAY,

indictment for non-repair of, not arbitrable, 13.

award on, not evidence of liability against stranger, 557.
of herbage to surveyors of, 524.

obstruction of, compensation for, 459. See LANDS CLAUSES CON-
SOLIDATION ACT.

HIGHWAY ACT, 1864, compulsory reference of appeal, 98.

HOSPITAL, reference by master and fellows of, 21.

HOUSE OF COMMONS, no attachment against member, 590.

HOUSE OF LORDS, no appeal to, formerly, on award under statute
of Will. III., 704.

HOUSING OF THE WORKING CLASSES ACT, 1890 (53 & 54
Vict. c. 70). See STATUTES, 833.

submission under, 7.

arbitrators under Part I., 105.

appointed by "confirming authority," 105.
appeal from award of, to jury, 105.

under Part II., 105.

repeal by, 452.

appointment by Local Government Board, 105.

HUSBAND AND WIFE,

submission between, when valid, 17.

between husband's and wife's trustee, 17.

husband, right of, to refer wife's chattels, 17.
wife's chattels as executrix, 18.

real estate, 18.

binding wife in equity, 567.

civiliter mortuus, wife may refer alone, 16. See WIFE.

award of payment to wife only, 419.

husband whether liable to attachment for default of wife, 18.

HYPOTHETICAL,

award, 323.

See AWARD, 870.

finding on pleas, for costs, 302.

ILLEGALITY,

matters tainted with, not referable, 5.

award to do illegal act invalid, 415.

arbitrator awarding illegal act liable personally, 498.

when arbitrator judge of, award not set aside, 667.

IMPEACHING,

award by motion to set it aside, 676. See SETTING ASIDE, 941.
by evidence, 559. See EVIDENCE.

in equity, 697. See EQUITY.

IMPOSSIBLE AWARD bad, 300. See AWARD, 870.

IMPRISONMENT for contempt in disobeying award, 586, 616,

IN REM, proceeding in, after award, 516.

INCAPACITY of arbitrator or umpire, supplying vacancy, 165.

INCLOSURE ACT,

objects of, effected by arbitration, 6.

powers of arbitrator under, 440.

giving allotment for right not extinguished, bad, 440.
exchanged lands should be specified, 441.

proper consents should be recited, 441.

award to surveyors of highways and their successors, 441.
good as a parliamentary declaration of parties to hold,

441.

right of way omitted in award, 441.

when unnecessary to specify lands liable to rent-charge, 442.
what a neglecting to make an award, 442.

award under, Chancery no jurisdiction to rectify, 441.

no ad valorem stamp necessary on award, 253.

award under, effect of, 523.

title not generally given by allotment before award, 523.
allotment for tithes extinguished, 523.

when title to compensation money complete, 523.

notices under, when presumed given, 554.

order of justices under, when presumed made, 554.

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arbitrator has no general power to award, 424.

only when a necessary provision, 425.

award of, against costs of action, 425.

against bills of exchange, 425.

against debts from a certain date, 425.

against costs in action where other person's name used,

426.

principle of awarding, 426.

award omitting to decide on claim for, bad, 264, 268.

INDICTMENT,

for felony not submissible, 11.

for misdemeanor, what referable, 11. See MISDEMEANOR.

before quarter sessions referable, 14.

whether consent of court to reference requisite, 14.

referable at Nisi Prius, 75.

on reference verdict of guilty should be taken, 75.

no compulsory reference of, within Arbitration Act, 59, 75.

Statute of Will. III. did not make reference of, irrevocable, 157.

costs incident to, what are, 377.

awarding compensation for injury after, 133.

moving for judgment on, pursuant to award, 659.

attachment lies to enforce award

on, 588.

award in a cause not evidence on, 554, 557.

INDORSEMENT,

enlarging time by, when necessary, 146.

appointing umpire by, when necessary, 234.

INEQUITABLE AWARD, enforcing, in equity, 567.

INFANT,

submission of, voidable, not void, 18.

when plaintiff in a suit, solicitor cannot bind by referring, 27.
party bound for, 18.

whether equity will enforce award affecting, 19, 568.*

reference to the master whether arbitration for infant's benefit, 19.

mutuality of infant's submission, 19, 298, 567.

parties referring with full knowledge of the infancy, 19.
award not set aside because infant party, 674.

plaintiff avoiding award defendant may proceed in action, 707.

INFERIOR COURT, costs of cause in, award must fix amount, 290,

382.

INJUNCTION,

to restrain arbitrator from proceeding, 203.

when not granted, 204.

party from proceeding with reference, 204.

awarding, against recovering at law, 389.

not granted to stay action after agreement to refer, 65.
equity might grant, against proceeding on award, 204, 698.
to prevent breach of award, 570.

recurrence of nuisance awarded on, 432.

INJURIOUSLY affecting land by railway works, 458.

INQUIRY,

by court of arbitrator as to grounds of award, 314. See ARBI-
TRATOR, 860.

writ of, when unnecessary in action on award, 543.

of official referee, 87. See REFEREE.

INSOLVENT,

reference by assignee of, concerning estate of, 34.
liability of assignee, 34.

consent of creditors to reference, 34.

need not be averred in action on the award, 34.
insolvency, whether revocation of submission by, 163.

when award set aside for, 678.

might move to set aside award, 673.

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right to, is a question of fact, 420.

arbitrator may allow when court cannot, 420.
awarding interest as damages, 420, 421.

in benefit building society arbitration, 421.

award of, from date of last settlement, 293.

on sum awarded, recoverable in action, 542.

not by attachment, 589.

nor formerly by execution in the cause referred, 650.
under Rules of Court, 650.

on rule to pay sum awarded, 629.

direction as to, in writ of execution, 650.

INTEREST-continued.

under Judicature and Companies Acts, 543.
Artizans' Dwellings Act, 523.

INTERESTS, PERSONAL, of arbitrator, 492.

859.

INTERLOCUTORY,

award, 205.

judgment on special case, when, 319.

See ARBITRATOR,

appeals from judge in Chancery refusing to set aside award, 692,

704.

INTERPLEADER on adverse claims to money deposited with arbi-
trator, 499.

INTERPRETATION ACT, 1890 (52 & 53 Vict. c. 53), words in singular
include plural, and vice versà, 248.

INTERROGATORIES,

filing, on attachment, 615. See ATTACHMENT.
referee answering, 369.

IRELAND, Arbitration Act, 1889, does not apply to, 41.

IRREGULARITY,

of arbitrator in conducting the reference. See ARBITRATOR.

in examination of witnesses, 191.

ground for setting aside award, 665.

no answer to motion for attachment, 609.

may be waived, 196.

improper enlargement of time, 196.

improper appointment of umpire, 196.

course to cure, 197.

setting aside judgment on award for, 695.

waiver of, in entering judgment, 694.

in service of affidavits on motion for attachment condoned, 608.

in proceedings for contempt, answer to motion for attachment, 609.
objections to be stated when moving to set aside for, 696.

ISSUE,

of law, whether referred by referring cause, 126.
directed pending reference, 206.

duty of arbitrator to award on each, 342. See CAUSE.
clause relieving from finding on each, 77.

costs of, how to be taxed, 642.

See EXECUTION.

not decided properly, setting aside award for, 669.

out of Chancery not referable by court of Nisi Prius, 75.
reference of, abandons suit, 95.

no new trial if award unsatisfactory to party, 701.

ITA QUOD, clause in submission, effect, 261. See AWARD.

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JOINT DAMAGES, awarding to plaintiff and third party, 360.

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