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JOINT AND SEVERAL,

disputes, by what words, referred, 131.

how to award on, 131.

JOINT STOCK COMPANY, reference by, 38. See COMPANIES
CLAUSES CONSOLIDATION ACT.

JUDGE,

may compel reference, 87. See ARBITRATION ACT, 1889.
order of, reference of cause by, 72.

at Nisi Prius, power of, to refer, before Judicature Acts, 89.
discretion of appeal from, 91.

appeal to, from refusal of referee to postpone hearing, 177..
arbitrator with same power as, as to evidence, 320.

as to certifying for costs, 404, 407.

power of, to certify for costs after award, 406.

power of, to enlarge time, by the submission, 143.

by statute, 152.

application to, for enforcing award, 630.

may give leave to revoke, 156.

appoint arbitrator or umpire on disagreement, under Arbi-
tration Act, 1889..66, 214, 223.

on reference under Companies Clauses Act, 226.

no power to set aside award, 653.

except in cause in Common Pleas of Lancaster, 633.

may stay proceedings on award, 653.

JUDGMENT,

effect of award as a, 514.

award of, 362. See CAUSE.

power of arbitrator and referee to direct, 365.

not to be signed when no verdict, 633.

unless provided in submission, 648.

signing pursuant to award, 645. See EXECUTION, 902.

non obstante veredicto, whether right to, referred by referring

cause, 126.

motion for, prohibited by agreement not
to sue, 69.

excess in award, as to entry of, 326.

unauthorized entry, setting aside award for, 670.

on special case, 319.

when interlocutory, when final, 319.
appeal from, 319.

on report of official referee moving for, 371. See REFEREE.

setting aside, 693.

See SETTING ASIDE.

directed by referee and entering for other party, €95.
rule to pay sum awarded has effect of, 620. See EXECUTION.
of quarter sessions, entering award as, 649.

JUDICATURE ACTS. See STATUTES, 808.

prolonged examination of documents under, 92.
referees appointed under, 93. See REFEREE.
effect of, on term for setting aside award, 654.
execution under, 630.

appeal against judgment on compulsory reference under, 371.
to Divisional Court, whose decision final, 692.
See RULES and ORDERS.

JUDICIAL FUNCTIONS,

arbitrator delegating, before award, 207.

by award, 281.

See ARBITRATOR, 855.
See AWARD, 868.

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JUSTICE, proceeding contrary to, "undue means," 675.

JUSTICES,

order of, presumed to support award, 554.

warrant of, to enforce award under Benefit Building Societies Act,
38.

appointing umpire under Lands Clauses Act, 225.
receiving declaration of arbitrator, 176.

LACHES,

of solicitor in objecting to reference by counsel, 28.
stranger guilty of, bound by award, 23, 568.

LANCASTER COMMON PLEAS, setting aside award on cause in,
654.

LAND,

questions relating to, referable, 4.

not settled to separate use, wife could not refer as to, 16.

taking warrant of attorney to abide award as to, 44.
conveying to arbitrator upon trust to divide, 44.

may not be awarded in satisfaction for personal matters, 410.
lien on, cannot be awarded, 411.

award in ejectment should specify parcels of, 353.

of a charitable corporation, award as to, 429, 580.

where conveyance of, awarded, who to prepare, 429.

of a stranger, awarding act to be done on, 449. See STRANGer.
award as to, determines title as between parties, 521.
not convey title as against stranger, 521.

except under statute, 522. See INCLOSURE ACT.
conveyance of, should be awarded to pass title, 267, 520.
how to be awarded, 428. See CONVEYANCE.

award may direct measurement of, 284.

taken by statute, compensation for, 6. See LANDS CLAUSES CON-
SOLIDATION ACT.

reference as to price of, failing-enforcing contract in equity, 712.

LAND DRAINAGE ACTS,

references under, 7.

compulsory reference of appeal, 98.

LANDS CLAUSES CONSOLIDATION ACT,

8 & 9 Vict. c. 18. See STATUTES, 817.

32 & 33 Vict. c. 18. See STATUTES, 817.

what matters referable,

compensation for lands taken for public undertaking, 6.
taken, used, or injured by railways, 6.

markets and fairs-harbours, docks, and piers, 7.

for water works-improvements in towns-cemeteries, 7.
for injuries by drainage by statute, 7.

price of lands resold, 7.

public health-houses of working classes, 7.

railway companies, 7.

matters authorized or directed to be referred, 98.

parties to the reference,

promoters of the undertaking, and parties claiming interest in
lands, 38.

how submission to be made,

notice by promoters lands required, 98.

claim by party for compensation exceeding fifty pounds, 98, 452.
demand of arbitration by party, 98.

compulsory on promoters, 98.

should be limited to compensation, 99.

parties should try to agree on single arbitrator, 99.
unless agreeing in one, each to appoint an arbitrator, 99.
appointment of arbitrator, the submission, 100.

submission not revocable without consent, 100.

nor by death of party, 100.

submission held to be a submission by consent, 60, 101.

one side refusing to appoint, single arbitrator to act for both,
100.

signature of secretary or clerk binds promoters, 101.

on death or incapacity of sole arbitrator, matter referred de
novo, 101, 165.

of one of two, new arbitrator appointed, 101, 165, 221.
or remaining arbitrator acts alone, 101, 165, 221.

on refusal or neglect to act of one of two, remaining arbitrator
may proceed alone, 101.

what not a refusal to act, 222.

arbitrators to appoint umpire before entering on matters re-
ferred, 101, 223.

appointment by, to be in writing, 225, 233.

and within three months after their own appointment,
230.

to appoint new umpire on death or incapacity, 225.

on refusal or neglect of arbitrators, two justices to appoint
umpire, 225.

when railway company party, Board of Trade to appoint,

226.

submission to be made a rule of court, 584.

costs of arbitration, how to be borne, 101, 379.

rule to pay costs of award not granted, 622.

costs of inquiry settled by master as arbitrator, 115.

declaration by arbitrators and umpire before entering on
reference, 176.

wilfully acting contrary to, a misdemeanor, 498.
may be made before any justice, 176.

arbitrators and umpire may administer oath, 184, 190.
examine on oath parties and witnesses, 184, 190.
call for documents, 190.

LANDS CLAUSES CONSOLIDATION ACT-continued.

time for award,

within twenty-one days, unless time enlarged, 141, 147.
arbitrator may enlarge to three months from appointment, 147.
sole arbitrator has three months to award in, 141.

same limit on reference under s. 68. . 141.

umpire, authority of, when it commences, 240.

duration of power of, three months from duty devolving,
240.

duty of, to rehear case, 244.

how award to be made, 452.

must be in writing, 475.

notice to treat, 452.

service of, 452.

claim must state nature of interest, 453.

arbitrators cannot go beyond claim, 453.

arbitrators not to try title, 453.

party failing to make title deposit of compensation in bank,

453.

on deposit estate to vest in promoters, 454.

title to be assumed when claim under s. 68. .454.

promoters may contest that claimant is damaged, 455.

award no evidence only legal claims considered, 455.
party claiming greater title than he has, 455.

amount may be settled before liability, under Public Health
Act, 456.

apportionment by equity of compensation, 456.

arbitrator not empowered to try whether claim to easement
well founded, 456.

though claim doubtful, arbitrator should assess compensation,

457.

test when land injuriously affected, none being taken, 458.
compensation, none for injury to amenities or annoyance, 458.
for special damage from obstruction of high-
way, 459.

interference with ancient lights, 460.
abstraction of water, 461.

injury from use of railway, 461.

damage foreseen, 461.

vibration, noise and smoke, 461.

when land taken, larger elements of, 462.

for danger from fire, 462.

for cutting off springs, 462.

depreciation for substituting highway for river
frontage, 462.

goodwill, trade profits, 463.

not for injury from works on other land, 463.
for sewers, 464, 469.

compensation should be for necessary and probable damage,
464.

no future claim sustainable, if unforeseen damage arise, 465.
action, not arbitration, for damage by negligence, 466.
compensation, from time to time, 466.

for severance of rifle range, 466.

depreciation of reservoir, 466.

severance of accommodation works, 467.

arbitrator has no right to set out approaches, 467.

no right to order works, 467.

damages contingent on company's option, 467.
no right to order payment, 468.

LANDS CLAUSES CONSOLIDATION ACT-continued.

how award to be made-continued.

one compensation for stream to be taken from time to time,
468.

awarding no compensation due, 468.

awarding no damage by severance, 468.

whether a sewer a benefit or not, 469.

arbitrator may not consider excuse for not paying damages,

469.

nor possible claims by tenants, 469.

land of yearly tenant injuriously affected, 469.
verbal award by justices to yearly tenant, 470.

award under Artizans and Labourers Dwellings Improve-
ment Act, 470, 523.

special case, power of arbitrator to state, 470.
under Arbitration Act, 470.

appeal from decision on, 320.

costs of reference and award, 471.

when lands taken under Public Health Act, 472.

and consequent on reference under Public Health Act, 471.

under Local Act, incorporating, 471.

no offer by promoters, 472.

costs when lands taken under Public Health Act, 1875..471.
how late promoters may offer compensation, 472.

whether to settle costs in award, 472.

costs of separate claims, 473.

no lien on land for costs, 473.

claim for costs on fund in court, 473.

right to costs before conveyance of lands, 474.

taxation by master under Lands Clauses Act, 1869..474.

no costs if solicitor uncertificated, 474.

what recitals advisable in award, 474.
misdescription of subject-matter, 475.
delivery of award to promoters, 475.
declaration to be annexed to award, 476.

compelling promoters to take up award, 475.
award not void for defect of form, 476.
not enforceable summarily, 622.

enforcing award by action, 476.

before taxation, 477.

time for moving to set aside award, 663.

moving to set aside award not bar right to costs of title, 477.
award not prevent deviation, 477.

enforceable in equity as a contract, 477.

how submission to be made a rule of court, 584.
if Arbitration Act does not affect it, 584.
entitling affidavits for, in Chancery, 584.
appointments of both arbitrators made rule, 584.

in equity order drawn up upon one only under special
circumstances, 584.

advisable to make the appointments of the arbitrators in
duplicate, 585.

appointment of umpire not rule, 585.

settling compensation by jury in default of arbitration, 710.

LAPSE OF TIME, whether bar to bill to enforce award, 566.

LAST DAY OF TERM,

no attachment granted on, 606.

no cause shown on, against attachment, 607.

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