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REVOCATION-continued.

by common law at the will of a party-continued.
motion for costs for affected delay for, 107.

only under special clause in submission, 107.
refused if good cause shown for, 107.

judge's order made rule of court after, 107.
action lies for, 154.

justification may be pleaded, 155.

misconduct of arbitrator or party, 155.
bankruptcy of opponent, 155.

marriage of female party by consent, 155.

court not restrain arbitrator from awarding after, 155.
when submission made rule without consent clause, 157.

by leave of the court, 155.

attempted, arbitrator may proceed ex parte, 156.

stat. 3 & 4 Will. IV. c. 42, s. 39.. 156.

to what submission it applied, 157.

not to submissions by order of equity, 157.

nor to indictment, 157.

submission irrevocable without leave by Arbitration Act, 156.
former right to revoke, 156.

when submission did not state that it might be made
rule of court, 157.

no right if it embodied Common Law Procedure Act,
157.

until arbitrator complete authority, 157.

court no power after award made, 157.

not grant ex parte application, 157.

when leave to revoke will be granted, 158.
matter also pending in Chancery, 158.

arbitration clause will not be revoked, 158.

arbitrator admitting evidence objected to, 158.
examining witness ex parte, 159.

judgment recovered pending reference, 159.

party becoming bankrupt, 159.

arbitrator mistaking the law, 159.

umpire appointed by lot, 160.

arbitrator refusing to act, 160.

arbitrator about to decide wrongly, 160, 206.

leave refused when arbitrator will correct his error, 160, 206.
court has discretion, 160.

of submission by order of county court, 161.

not of submission under the Lands, Railways, and Companies
Clauses Acts, 161.

nor of arbitrator appointed by Local Government Board,
161.

in equity at the will of a party, 161.

submission sometimes subsisting after, 162.

made rule not revocable in Ireland, 162.

bankruptcy, no revocation, 162.

bankruptcy not a, 162.

arbitrator as stakeholder, 163.

award against bankrupt enforced, 163.
insolvency, 163.

by marriage of a female party, 163.

marriage a, as to all parties, 163.

no notice to arbitrator requisite, 163.

action for, against husband and wife, 164.
plea, marriage by consent of plaintiff, 155.

REVOCATION-continued.

by the refusal to act or death of the arbitrator, 164.
change of character of arbitrator not a, 164.
arbitrator refusing to proceed, 164.

by disagreement of arbitrators, 164.
death of arbitrator a, 164.

or refusal to act of one of several arbitrators, 165.
Arbitration Act, 1889, appointing new, 165.

of arbitrator, under Lands and Railways Clauses Acts,
not a, 165.

under the Companies Clauses Act not a, 166.
Railway Companies Arbitration Act, 166.

by the death of a party, 166.

death generally a revocation, 166.

Arbitration Act, 1889.. 166.

foreign laws, whether death a, 166.

death of one of several parties on same side, 167.

action not abating by death, 167.

though verdict taken, death a, 167.

no notice to arbitrator necessary, 154.

death no revocation when arbitrator to state a special case, 167.
not by Scotch law, 168.

death of one of several parties with separate interests, 168.
death of infant as to guardian a, 168.

no relief in equity on, 168.

clause to prevent death being a, 169.

effect of the clause, 169.

executors bound by award, 169.

none in action for tort, 169.

enforcing award against survivors, 170.

death not a, under the Lands, Railways, and Companies

Clauses Acts, 100, 170.

plea of, 551. See PLEA.

may be shown as cause against motion for attachment, 610.

RIFLE RANGE, loss of, compensation for, 466. See LANDS CLAUSES
CONSOLIDATION ACT.

RIGHT OF WAY,

awarding, 438.

under inclosure award, 441.

RIOT, indictment for, not referable, 12.

RULE NISI abolished for applications as to awards, 676.

RULE OF COURT,

submission by, 72. See CAUSE.

a reference in writing, containing agreement to make it, 58.
cannot alter recognizance, 96, 542.

embodying submission not a rule to pay, 619.

no evidence to prove agreement of reference, 553.

evidence of judge's order of reference, 553.

for attachment, 607. See ATTACHMENT.

to pay, 634.

not rule nisi, 676.

RULE TO PAY sum awarded, 618. See EXECUTION.

RULES AND ORDERS,

Rule K. B. M. T. (36 Geo. III.), time setting aside award, 685.
Reg. Con. H. T. 1853, r. 169, grounds for setting aside award, 682.
under the Judicature Acts, Rules of 1875,

Order XXX. rr. 1, 3, 4, paying money into court, 644.

Rules of 1883. See Appendix of Statutes, 799.

Order XVI. r. 11, joinder of parties, 23.

Order XXV. r. 1, demurrers abolished, 352.

r. 2, party raising points of law in pleading, 552.
Order XXXIV. r. 2, decision of point of law by special case,

552.

Order XXXVI. r. 7, power to refer cause, matter or issue, 88.
r. 39, entering judgment after trial, 645.

rr. 45, 46, 47, distribution of business among
official referees, 93.

r. 47a, transfer of business, 94.

r. 47b, Lord Chancellor's directions, 94.

r. 48, place of trial and view, 177.

r. 49, witnesses, 177, 179.

r. 50, power to conduct reference and to
order discovery, 177.

to direct judgment, 365, 371, 645.

r. 51, referee no power to commit, 178.

r. 52, referee stating case, 207, 318.

court reviewing his decision, and judg-
ment entered thereon, 318, 370, 371.
remitting, 480.

setting aside judgment, 695.

r. 52a, rules to apply to official referee, 178,
365.

r. 53, notice of report, 368.

r. 54, adoption or variation of report when
consideration adjourned, 368, 480, 487.

r. 55, when not adjourned, 368, 480, 487.

r. 55a, 800.

r. 55b, costs when whole cause referred to

official referee, 371, 378, 400.

r. 55c, rules to apply to arbitrator, 178, 365,

369, 378, 480, 695.

sittings de die in diem, 177.

Order XXXVIII. r. 2, affidavits, how intituled, 602, 677.

r. 12, alterations in, 678.

r. 15, stamp on, 677.

Order XL. r. 1, motion for judgment, 645.

r. 2, motion where no judgment directed, 366, 371,

645.

r. 6, setting aside judgment as wrongly entered
on findings, 372, 695.

r. 6a, application of rules to officer of court,
referee or arbitrator, 366, 371, 372, 695.

r. 7, motion for judgment after issues tried, 369.

Order XLII. r. 16, execution, 650.

r. 31a, enforcing award before expiration of
time for setting aside, 627.

r. 32, examination of judgment debtors before
official referee, 94.

Order XLIV. r. 1, writ of attachment, 608, 615.

Order LII. r. 2, motion on notice not rule nisi for applica-

tions, 676.

to set aside award, 676, 704.

to remit award, 486.

RULES AND ORDERS-continued.

Rules of 1883-continued.

Order LII. r. 2, for attachment, 608.

to enforce award, 624.

r. 3, notice of motion, 677.

r. 4, grounds of motion to be stated and affidavits
served, 486, 608, 624, 682, 704.

r. 5, length of notice of motion, 677.

Order LIV. r. 12a, powers of master under Arbitration Act,
1889..88, 497.

Order LVII., interpleader, 499.

Order LIX. r. 3, appeal from award on compulsory reference,
371, 664, 692.

remitting matters on, 488.

Order LXIII. r. 16, sittings of referees, 178.

Order LXIV. r. 7, court enlarging time, 657, 661.

r. 14, time for setting aside award, 477, 654,
660, 663.

dates from publication to parties, 655.

r. 14a, enlargement one month, 802.

Order LXV. r. 2, costs of issues to follow event, 343, 380.
r. 12, county court costs, 379.

r. 15, taxing costs of award before time for
setting aside expired, 640.

Order LXX. r. 1, irregularity, 677.

r. 3, objections to irregularity to be stated, 696.
Orders of 1884 and 1887, reference fees, 94.

SALE, CONTRACT OF, enforcing, reference as to terms of failing,

710.

SALVAGE of goods burnt, award as to, 411.

SAVINGS BANK,

disputes concerning, to be settled by arbitration, 34.
to whom to be referred, 35.

SCALE,

of taxation of costs, 640. See EXECUTION.

lower scale not applicable to costs of reference, 641.

SCIENCE, matter of, duty of arbitrator in awarding as to, 439.

SCIENTIFIC INVESTIGATION, question requiring, compulsory
reference, 88.

SCIRE FACIAS,

to revive rule to pay money not requisite, 630.
on submission by recognizance, 567.

SCOTCH LAW,

reference by counsel, 29.

submission must name arbitrator, 41.

SCOTCH REFERENCE, colourable decreet arbitral, 517.

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

SEAL,

award to be under, when submission so provides, 248.
under, no deed, 254, 517.

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SEPARATE ESTATE, in equity, wife may refer concerning, as feme
sole, 16.

SEPARATION,

terms of, referable, 10.

on failure of arbitration, when court will settle, 712.
of good from bad part of award, 325. See AWARD.

bad part of award alone set aside, 689.

SERVICE,

of documents for an attachment, 599. See ATTACHMENT.
for rule to pay, 623.

of award before enforcing in equity, 576.

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SETTING ASIDE,

forms relating to. See Appendix, 788.

submission in a cause, 77.

for fraud, mistake, or bad faith, 77.

agreement to refer, when unnecessary, 79.

proceedings contrary to agreement not to sue, 68.

SETTING ASIDE AN AWARD ON MOTION, 652.

jurisdiction of the courts to set aside an award on motion, 652.
only when submission can be made or is equivalent to a
rule, 652.

in other cases, bill in equity only remedy for misconduct

of arbitrator, 653.

power under statute Will. III., 653.

power under Arbitration Act, 1889..653.

motion had to be in court of which submission a rule, 653.

not before judge at chambers, 653.

not on county court reference, 654.

award made in cause in Court of C. P. of Lancaster, 654.
may be set aside by judge at chambers, 654.
within what period the motion to set aside an award must be
made, 654.

time for moving to set aside, 654.

before last day of term after award made, under
Will. III., 654.

Rules of 1875 did not alter the time, 654.

time under Arbitration Act, 1889, and rules of

court, 654.

before last day of next sittings after award, 654.

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