REVOCATION-continued. by common law at the will of a party-continued. only under special clause in submission, 107. judge's order made rule of court after, 107. justification may be pleaded, 155. misconduct of arbitrator or party, 155. marriage of female party by consent, 155. court not restrain arbitrator from awarding after, 155. 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. when submission did not state that it might be made no right if it embodied Common Law Procedure Act, 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. arbitration clause will not be revoked, 158. arbitrator admitting evidence objected to, 158. 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. of submission by order of county court, 161. not of submission under the Lands, Railways, and Companies nor of arbitrator appointed by Local Government Board, 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. 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. REVOCATION-continued. by the refusal to act or death of the arbitrator, 164. by disagreement of arbitrators, 164. or refusal to act of one of several arbitrators, 165. of arbitrator, under Lands and Railways Clauses Acts, under the Companies Clauses Act not a, 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. death of one of several parties with separate interests, 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 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. 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. 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. 552. Order XXXVI. r. 7, power to refer cause, matter or issue, 88. rr. 45, 46, 47, distribution of business among 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 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- setting aside judgment, 695. r. 52a, rules to apply to official referee, 178, r. 53, notice of report, 368. r. 54, adoption or variation of report when 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 r. 6a, application of rules to officer of court, r. 7, motion for judgment after issues tried, 369. Order XLII. r. 16, execution, 650. r. 31a, enforcing award before expiration of r. 32, examination of judgment debtors before 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 r. 5, length of notice of motion, 677. Order LIV. r. 12a, powers of master under Arbitration Act, Order LVII., interpleader, 499. Order LIX. r. 3, appeal from award on compulsory reference, 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, 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. 15, taxing costs of award before time for Order LXX. r. 1, irregularity, 677. r. 3, objections to irregularity to be stated, 696. 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. 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 SCIRE FACIAS, to revive rule to pay money not requisite, 630. 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. SEPARATE ESTATE, in equity, wife may refer concerning, as feme SEPARATION, terms of, referable, 10. on failure of arbitration, when court will settle, 712. bad part of award alone set aside, 689. SERVICE, of documents for an attachment, 599. See ATTACHMENT. of award before enforcing in equity, 576. 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. 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. time for moving to set aside, 654. before last day of term after award made, under 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. |