action for the same matters: (Kill v. Hollister, 1 Wills. 129; Thompson v. Charnock, 8 T, R. 139.) This section not only aims at the breach of faith of the parties to the agreement, but any person or persons claiming through or under either party, will commence an action or suit in respect of the matters agreed to be referred against the other party to the agreement at the peril of having the proceedings stayed, on such terms as the court may think fit. parties or may appoint single arbi trator or umpire. 12. If in any case of arbitration the document on failure of authorising the reference provide that the refer- arbitraence shall be to a single arbitrator, and all the tors, judge parties do not, after differences have arisen, concur in the appointment of an arbitrator; or, if any appointed arbitrator refuse to act, or become incapable of acting, or die, and the terms of such document do not show that it was intended that such vacancy should not be supplied, and the parties do not concur in appointing a new one ; or if, where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator, such parties or arbitrators do not appoint an umpire or third arbitrator; or if any appointed umpire or third arbitrator refuse to act, or become incapable of acting, or die, and the terms of the document authorising the reference do not show that it was intended that such a vacancy should not be supplied, and the parties or arbitrators respectively do not appoint a new one; then in every such instance any party may serve the remaining parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator respectively; and if within seven clear days after such notice shall have been served no arbitrator, umpire, or third arbitrator be appointed, it shall be lawful for any judge of any of the Superior Courts of Law or Equity at Westminster, upon summons to be taken out by the party having served such notice as aforesaid, to appoint an When reference is to two arbi one party fail to appoint, other party may appoint act alone arbitrator, umpire, or third arbitrator, as the case may be, and such arbitrator, umpire, and third arbitrator respectively shall have the like power to act in the reference and make an award as if he had been appointed by consent of all parties. 13. When the reference is or is intended to be to two arbitrators, one appointed by each trators and party, it shall be lawful for either party, in the case of the death, refusal to act, or incapacity of any arbitrator appointed by him, to substitute a new arbitrator, unless the document authorising arbitrator to the reference show that it was intended that the vacancy should not be supplied; and if on such a reference one party fail to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party shall have appointed an arbitrator, and shall have served the party so failing to appoint with notice in writing to make the appointment, the party who has appointed an arbitrator may appoint such arbitrator to act as sole arbitrator in the reference, and an award made by him shall be binding on both parties, as if the appointment had been by consent; provided, however, that the court or a judge may revoke such appointment, on such terms as shall seem just. Two arbitra trators may appoint ampire. Award to be made in three months, 14. When the reference is to two arbitrators, and the terms of the document authorising it do not show that it was intended that there should not be an umpire, or provide otherwise for the appointment of an umpire, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award, unless they be called upon by notice as aforesaid to make the appointment sooner. 15. The arbitrator acting under any such document or compulsory order of reference as aforesaid, or under any order referring the ties or court award back, shall make his award under his enlarge time. hand, and (unless such document or order re unless par spectively shall contain a different limit of time) within three months after he shall have been appointed, and shall have entered on the reference, or shall have been called upon to act by a notice in writing from any party, but the parties may by consent in writing enlarge the term for making the award; and it shall be lawful for the Superior Court of which such submission, document, or order is or may be made a rule or order, or for any judge thereof, for good cause to be stated in the rule or order for enlargement, from time to time to enlarge the term for making the award; and if no period be stated for the enlargement in such consent or order for enlargement, it shall be deemed to be an enlargement for one month; and in any case where an umpire shall have been appointed it shall be lawful for him to enter on the reference in lieu of the arbitrators, if the latter shall have allowed their time or their extended time to expire without making an award, or shall have delivered to any party or to the umpire a notice in writing stating that they cannot agree. The Court had power under the 3 & 4 Will. 4, c. 42, s. 39, to enlarge the time for making an award where the arbitrator had inadvertently omitted to do so (Parbery v. Newnham, 1 M. & W. 378; Leslie v. Richardson, 6 C. B. 378.) These decisions are applicable to sect. 15 of this act, but a condition is attached "that good cause shall be stated in the rule or order for enlargement." Should, however, no rule be obtained for the enlargement of the time, the last clause of sect. 15 provides that the umpire may enter on the reference in lieu of the arbitrators after the expiration of the limited time for making the award. This shows the expediency of parties seeing to the appointment of an umpire in the first instance. One of the first steps of some arbitrators used to be to enlarge the time for a considerable period, to obviate any failure that might arise from inadvertence or otherwise; now it will be equally prudent to appoint an umpire at an early stage. In order to exclude the appointment of an umpire, the submission G Rule to deliver posses award to be in ejectment. must show that it was intended that there should not be one (sect. 14.) If there is not this prohibition in the submission, or if the submission does not point out the mode in which the umpire is to be appointed, the parties are to proceed under sect. 12, by service of written notice to appoint an umpire, and upon default after such notice, by summons at Judges' Chambers. 16. When any award made on any such subsion of land mission, document, or order of reference as aforepursuant to said, directs that possession of any lands or enforced as a tenements capable of being the subject of an judgment action of ejectment shall be delivered to any party, either forthwith or at any future time, or that any such party is entitled to the possession of any such lands or tenements, it shall be lawful for the court of which the document authorising the reference is or is made a rule or order, to order any party to the reference who shall be in possession of any such lands or tenements, or any person in possession of the same claiming under or put in possession by him since the making of the document authorising the reference, to deliver possession of the same to the party entitled thereto, pursuant to the award; and such rule or order to deliver possession shall have the effect of a judgment in ejectment against every such party or person named in it, and execution may issue, and possession shall be delivered by the sheriff, as on a judgment in ejectment. The submission to arbitration must be made a rule of court under sect. 17, before proceedings can be taken under this section, and in addition there must be service of a copy of the award on the party in possession of the lands or tenements, and a demand and refusal of possession, before the rule or order of the court contemplated by this section can be obtained. The section introduces a practice similar to that under 1 & 2 Vict. c. 110, s. 18, giving to rules and orders the effect of judgments, as to the practice in reference to arbitration, see Chit. Arch. 1428, and 1508, 8th edit. For disobedience to the rule or order of court, the party in possession may be proceeded against by attachment for the contempt. As to the effect of a judgment in ejectment, see Common Law Procedure Act, 1852, 15 & 16 Vict. c. 76, ss. 187, 207, 214. or sub may be made a contrary appear. 17. Every agreement or submission to arbi- Agreement tration by consent, whether by deed or instru- mission in ment in writing, not under seal, may be made a writing rule of any one of the Superior Courts of Law or rule of Equity at Westminster, on the application of court, unless any party thereto, unless such agreement or sub- intention mission contain words purporting that the parties intend that it should not be made a rule of court; and if in any such agreement or submission it is provided that the same shall or may be made a rule of one in particular of such Superior Courts, it may be made a rule of that court only; and if when there is no such provision a case be stated in the award for the opinion of one of the Superior Courts, and such court be specified in the award, and the document authorising the reference have not, before the publication of the award to the parties, been made a rule of court, such document may be made a rule only of the court specified in the award; and when in any case the document authorising the reference is or has been made a rule or order of any one of such Superior Courts, no other of such courts shall have any jurisdiction to entertain any motion respecting the arbitration or award. An oral submission is not within this section: (Ansell v. Evans, 7 T. R. 1.) The submission is made a rule of court upon the motion of counsel. The motion should be made upon the original submission: (see the practice, Chit. Arch. 1508, 8th edit.) 18. Upon the trial of any cause the ad- Speeches to dresses to the jury shall be regulated as follows: the jury. the party who begins, or his counsel, shall be |