SPECIAL JURY, costs of, limited reference as to, 384. SPECIAL REFEREE, 318. See REFEREE. court no power to refer to, unless agreed upon, 88. SPECIFIC PERFORMANCE, not of agreement to refer, 64. of award, when enforced in equity, 563. See EQUITY. of contract, dependent on abortive reference, 710. See EQUITY. SPEEDY EXECUTION, awarding, 389. STAKEHOLDER, arbitrator as, liability of, 163. See ARBITRATOR, 859. STAMP, requisite on submission by agreement, 54. by bond, 54. many parties with common interest, 54, 253. where matter of reference not under £5 value, 54. not requisite on submission or award as to bankrupt's estates, 253. not requisite on appointment of umpire by arbitrators, 240. requisite on award, 252. informal award must have, 253. inclosure award not require ad valorem stamp, 253. award under seal no deed, 254. appraisement no award, 254. party agreeing to be bound by decision of another, 255. verdict of miners' jury, 255. no animus arbitrandi, 255. opinion of counsel, whether award, 255. "matter annexed" to award, 255. on award may be imposed at any time, 255. master may refuse to draw up rule for attachment on un- stamped award, 255. not requisite on certificate of arbitrator, 255. want of, no ground of setting aside award, 255, 668. on documents to be noticed by arbitrator, 202. STATEMENT, in writing of matters in difference, arbitrator requiring, 205. of case in award, 318. See ARBITRATOR; AWARD. by arbitrator as to grounds of award after award made, 310. See STATUTE, award under, may operate as a conveyance, 523. See STATUTE OF FRAUDS, written award on parol submission, parol contract under, 53. award on submission by bond as to price of lands valid under, 56. STATUTE OF LIMITATIONS, plea of, in action on award, 551. agreement to refer not promise to pay under, 54. STATUTE OF VICTORIA, enforcing award under, at law, 618. See EXECUTION. STATUTE OF WILLIAM III., 9 & 10 Will. III., c. 15, object and effect of the statute, 58. agreement of reference made a rule of court, 58. costs of award taxed, 58. award improperly procured set aside, 58. award enforced summarily, 58. by attachment, 587. by bill in equity, though submission rule of a court of practice making agreement a rule, 581. See SUBMIS- SION. making award under, order of equity, 576. award might be set aside on motion, if procured by corrup- what amounts to "corruption or undue means," 675. See SETTING ASIDE. of court of law, 698. See EQUITY. no appeal to House of Lords against decision of equity, 704. nor, semble, reference of cause and all matters, 59. not indictment, 59. clause that submission might be made rule of court, 59. STAY OF PROCEEDINGS, reference of a cause, when, 84. STAYING PROCEEDINGS, contrary to reference, at common law, 46. under Arbitration Act, 1889..46. Common Law Procedure Act, 1854..47. court has discretion as to, 47. in what cases granted, 47. action charging fraud, 48. not when submission properly revoked, 49. reference to foreign court, 50. not where one only of several disputes referable, 50. to the record may be added as party on reference of a cause, 22, 71. STRANGER-continued. consent to refer enforced against him, 71. added as third party without consent by official referee, 23. arbitrator refusing to allow attendance of, 174. STRANGER TO THE SUBMISSION, EFFECT OF AWARD as to, 443. direction to pay money to, generally void, 443. rest of award often good, though direction void, 444. direction valid when for party's benefit, 444. to pay party's servant, 444. to pay stranger for party's use, 444. to discharge a joint debt to a stranger, 444. payment to executor of, 445. whether benefit need appear on face of award, 445. direction generally void, 446. awarding party to execute bond with sureties, 446. wife not a party to join in conveyance, 446. to deliver up deed or house in possession of directing stranger to pay costs, 447. arbitrator to apply funds as awarded, 447. direction valid when stranger bound to obey, 447. awarding party to procure discharge of a bond, 447. when stranger merely ministerial, 448. awarding presentment by tenants of manor good, 448. arbitrators agreeing to be bound by opinion of, 217. award to levy a fine, 448. of a discontinuance, nonsuit, retraxit, 448. out of funds of, void, 449. directing act to be done on land of, 449. direction bad, unless made conditional on consent directing tenant to commit waste, void, 450. to remove property partly belonging to a stranger, 451. award should show direction as to stranger justified, 451. not obeying award, party bound for, liable, 448. cannot avail himself of the award by bill in equity, 569. attachment not lie for, for sum awarded to, 589. effect of award in evidence as to, 556. See EVIDENCE. STREAM, regulating use of a, by award, 435. SUBJECT MATTERS OF REFERENCE, civil rights of a private character, 3. all matters concerning personal chattels or personal wrongs, 3. debts certain, 3. matters concerning real property, 4. questions of law, 4. actions, judgments, and suits, 4. not matters illegal, 5. illegal items in account, 5. future use of property, 5. differences, 5. matters referred under the Arbitration Act, 1889.. 5. cause or question of fact therein, 6. where prolonged examination necessary, 6. or if matters of account, 6. matters referred under other statutes, 6. inclosing commons, commuting tithes, 6. See INCLOSURE Аст. compensation for lands taken for or injured by under- for lands taken, used, or injuriously affected, 6. for markets and fairs, harbours, docks, and for waterworks, improvements in towns, ceme- for injuries, by drainage, to mines, 7. under Public Health Act, 1875..7. Housing of the Working Classes Act, disputes between railway companies, 7. compensation for injuries to mines by railways, 7. whether mines are dangerous, 8. damage by abandoned railway, 8. adjustments, &c., under Local Government Act, 1888. .8. compensation to tenants of allotments for crops, 8. joint stock companies' affairs, 8. See COMPANIES CLAUSES county court actions, 8. civil proceedings at Quarter Sessions, 9. See QUARTER SESSIONS. matters of a criminal nature, 11. felonies not referable, 11. nor proceedings to strike attorney off the rolls, 11. what misdemeanors, 11. See MISDEMEANOR. after indictment, 11. See INDICTMENT. after conviction, 13. presentment before commissioners of sewers referable, 13. SUBMISSION, for Forms of, see Appendix, 717. no particular form of words necessary, 41. what is a reference to arbitration, 41. must show intention of parties to be bound by award, 41. unless judicial inquiry intended, 43. must be executed by all the parties, 43, 136. appointment of arbitrator to be complete must be notified, 43. when advisable to take warrant of attorney to enforce award, 43. when dispute as to possession of lands, 44. conveying lands to arbitrator on trust to abide award, 44. arbitration clause in agreements, to refer all disputes, 60. See AGREE- compulsory and other references of action under Arbitration Act, judicial and statutable submissions, not made in a cause at law, 95. by order in equity, 95. See EQUITY. by record in the Court of Exchequer, 96. by order of a county court, 97. by order of quarter sessions, 8, 97. SOLIDATION ACT. See LANDS CLAUSES CON- Railways Clauses Act, 102. See RAILWAYS CLAUSES Railway Companies Arbitration Act, 1859.. 102. Companies Clauses Act, 103. See COMPANIES Public Health Act, 1875.. 103. Local Government Act, 1888..104. See LOCAL by private Act of Parliament, 105. Lunacy Act, 1890..104. Tramways Act, 105. Housing of the Working Classes Act, 1890.. 105. |