SUBMISSION-continued.

over what matters the submission gives the arbitrator jurisdic-

tion, 123.

effect of particular terms to refer particular matters, 123.

all matters in difference, 123.
demand in auter droit, 124.
demand admitted, 124.

within former submission, 124.

not claim abandoned, 124.

all suits, controversies, and demands, 124.

all debts, trespasses, and injuries, 124.

all demands due and owing, 124.

all actions and complaints, 124.

matters in difference between the parties in the cause, 125.
in the cause between the parties, 125.

cause and all questions, in Scotland, 125.

cause, or all matters in the cause, 125.
whether issue at law referred, 126.
whether demurrer, 126.

not right to judgment non obstante veredicto, 126.
when cause and all matters referred, 127.

costs of reference, 127.

usual terms as to costs, 77.

wool in process of woolling, &c., 127.

dispute as to quality of goods, 127.

money laid out on request, 128.

all disputes, 128.

disputes on contract with brokers, 128.

dispute arising out of contract, 128.

disputes between partners, 128.

mining lease, construction thereof, 128.

to assess damages, 129.

effect of recital in, 129.

as to settled account, 129.

as to suit in Chancery, 130.

paving expenses under Public Health Act, 130.

damage from railway works, 130.

subject-matter whether joint or several, 131.

all suits "between them two," 131.

between A. and B. on one part, and C. on the other, 131.
adverse rights of defendants in equity, 131.

all matters "between the parties or any of them," 132.
up to what date matters in difference may arise, 132.

no claim in cause arising after writ, 132.

by special provisions, claim after writ, 132.

matters relating to annuity in the cause, 133.
indictment, clause for compensation, 133.

all matters in difference, means up to time of reference,
133.

re-executing at a later day, 134.

parties may submit future claims, 134.

money not due till after reference, 134.

mesne profits, 134.

periodical award of damages, 135.
money not due at date of award, 135.

effect of the submission,

no bar to action for matters referred, 45.

arbitration pending no plea, on equitable ground, 45.

except under Railway Companies Arbitration Act, 46.
agreement to refer when accord and satisfaction, 45.

SUBMISSION-continued.

effect of the submission-continued.

action by assignees after reference by insolvent, 46.
proceedings stayed in action brought after, 46, 84.
STAYING PROCEEDINGS.

in a cause.

in a suit.

See CAUSE.

See EQUITY.

alteration and amendment of, 79, 82. See ALTERATION.
setting aside, 77. See SETTING ASIDE.
preventing award, a breach of, 106.

a forfeiture of arbitration bond, 106.
ground of action, 106.

punishable by attachment, 106.

revocation, a breach of, 106, 154. See REVOCATION.
effect of particular clauses in the submission,

recitals in, 129.

clause, how award to be made, 247. See AWARD.
preventing death revoking, 169. See REVOCATION.
limiting time for award, 138. See ARBITRATOR.

See ENLARGEMENT.

giving power of enlargement, 143.
giving power over costs, 377. See COSTS.

costs to abide event, 389. See COSTS; CAUSE.

power to certify for costs, 404. See COSTS.

giving costs for affected delay, 107.

wilfully preventing award ground of motion, 107.
revocation, unless justified, ground, 107.

party may justify, 107.

court cannot give costs without clause, 108.

no power when award made, 108.

See

consent clause, to make submission rule of court, 58. See

STATUTE OF WILLIAM III.

power to order what to be done, 430. See ARBITRATOR.

power to examine parties, 189.

to administer oath, 182, 190.
to call in a valuer, 209.

to proceed ex parte, 197.

See ARBITRATOR.

See ARBITRATOR.

See ARBITRATOR.
See ARBITRATOR.
See AWARD.

to state a case in award, 318.

to amend the record, 202. See ARBITRATOR.
parties to abide by award, 106.
not to proceed at law or equity, 68.

See ACTION; EQUITY.
See AGREEMENT.

to refer back, 479. See ARBITRATOR; REFERRING BACK.
referring to joint arbitrators, 214.

See ARBITRATOR.

for appointment of umpire, 223. See UMPIRE.

to award entry of verdict, 350. See CAUSE.

of judgment, 362. See CAUSE.

to sign judgment for amount awarded, 645.

liquidated damages for refusing to refer, 63. See AGREE-

MENT.

making the submission a rule of court, 581.

making the submission a rule of a court of law, 581.

summary enforcement of award, 581.

submissions to have effect as if made rules, 581.

may be made rule at any time, 582.

submissions in actions, 582.

practice making submissions rule, 582.

dating rule, 583.

making submissions rules under statutes, 583.

necessary to make, before motion to set aside award, 703.
making the submission a rule under the Lands Clauses Act, 584.
See LANDS CLAUSES CONSOLIDATION ACT.

award of payment on, 416.

no arrest on, under attachment for non-performance, 614.

SUPREME COURT OF JUDICATURE ACT, 1890 (52 & 53 Vict.
c. 44).

court power over costs of all proceedings, 319.

award not equivalent to a verdict of jury for appeal purposes, 370.

SURRENDER,

copyhold, award to, performance of, 534.
award of, 448.

SURVEYORS and their successors, award of herbage to, 441.

SURVIVOR,

of two co-parties, when death no revocation as to, 167.
enforcing award against opponent, 170.

TAKING UP award compulsory under Lands Clauses Act, 475.

TAXATION OF COSTS, 635.

delegating to the master, 283.

See COSTS.

by master, under Lands Clauses Act, court no power to review,

474.

of the cause and reference, 635. See EXECUTION.

party to pay should procure, 385, 533.

not necessary before commencement of action, 540.

of quarter sessions reference, 97.

TELEGRAPHS of railway companies, purchases by arbitration, 226.

TENDER

of money awarded should be made, 533.
for execution of deed awarded, 534.

TERMINATION of arbitrator's authority, 137. See ARBITRATOR, 851.

TERMS,

abolition of, 654.

old law terms, 655.

TESTATOR, award respecting estate of, 418. See EXECUTOR.

TESTIMONY by arbitrator, 503. See ARBITRATOR.

THIRD ARBITRATOR. See ARBITRATOR.

TIME,

computation of, in submission, "months," 139.

for making award, when none specified in submission, 136.
a year by Scotch law, 138.

arbitrator cannot limit, 138.

three months, under Arbitration Act, 1889, unless contrary
intention appears, 138. See ARBITRATOR; UMPIRE.

under Inclosure Act directory only, 141.

twenty-one days under Lands Clauses Act, 140.

thirty days under Railway Companies Arbitration Act, 141.
twenty-one days under Public Health Act, 1875..240.
may be enlarged to two months, 240.

to appoint umpire, 228. See UMPIRE.

third arbitrator, 219.

party to reference asking arbitrator for further time, 188.
elapsed, compelling defendant to refer again, 708.
for doing act directed, award need not fix, 286.

award to pay at specified, attachment on, 598.

for setting aside award, 654.

See SETTING ASIDE.

judgment, 372, 695.

for motion to refer back, 480.

for application to vary report of official referee, 368, 371.

TITHES,

dispute as to composition for, awarding on, 414.

submission by statute as to commutation of, 6, 105.

award extinguishing right to, 523.

apportioning rent-charge, 442.

awarding undivided moieties of, 434.

TITLE

of affidavits. See AFFIDAVIT.

to property, award may decide, 521.

cannot give, 521.

TOLERATION ACT, indictment under, not referable, 12.

TORT, action for, reference of, determined by death of plaintiff, 169.

TOSSING UP for choice of umpire, bad, 231.

TOWN AGENT of solicitor binds client by reference, 26.

TRADE, restraint of, awarding, 424.

TRAMWAYS ACT, 1870, what a "dispute" under, 105.

TRANSFER property, award cannot, 520. See AWARD.

TREASURER of building society may be sued by member for retain-
ing money, 38.

reference by, personal liability, 32.

liability to attachment on award, 590.

of savings bank, reference by, 34. See SAVINGS BANK.

of friendly society, 35. See FRIENDLY SOCIETY.

of wife, and husband, reference between, 17.

of infant, death of infant revokes reference as to, 168.

UMPIRAGE, arbitrator's fees may be costs of, 245. See UMPIRE.

UMPIRE,

by whom to be appointed, 214, 223.

mode of appointing, 214.

office of, 223.

power of arbitrators to appoint under Arbitration Act, 1889.. 66,
214, 223.

of court, on death, incapacity, or refusal of umpire, parties
or arbitrators failing to agree, 223.

under Common Law Procedure Act, 1854.. 215, 224, 226.
appointing, to decide between arbitrators, bad, 224.
when limited to points on which arbitrators differ, 225.
appointment to act in futuro, 229.

appointment under the Lands Clauses Act, 101, 225.

by arbitrators, 225. For Forms, see Appendix, 746.
by Board of Trade, 225.

when one arbitrator acts ex parte not required, 225.

need not be made rule of court on motion to set aside award,
585.

under the Railways and Companies Clauses Acts, 225.
under Railway Companies Arbitration Act, 1859..226.
under the Act for purchase of railway telegraphs, 226.

at what period the arbitrators should appoint, 228.
at time prescribed by submission, 228.

when appointment condition precedent to acting, 228.
when no time prescribed, 228.

better course to appoint before hearing case, 229.

under Arbitration Act, 229.

when appointment to be made under the Lands, Railways,

and Companies Clauses Acts, 229.

appointment under Lands Clauses Act to be within first three
months, 230.

under Public Health Act, 1875..230.

by quarter sessions, 231.