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17 & 18 Vict. c. 125 (Common Law Procedure Act, 1854)

s. 14.. s. 15..

s. 16...
s. 17..

PAGE

127

92, 97, 131 .268, 293 43

18 & 19 Vict. c. 120 (Metropolis Local Management Act, 1855), s. 225 20 & 21 Vict. c. 85 (Matrimonial Causes Act, 1857), ss. 21, 25, 26... 22 & 23 Vict. c. 59 (Railway Companies Arbitration Act, 1859)

s. 2
s. 11.

ss. 14-16
s. 21..
s. 26.

23 & 24 Vict. c. 125 (Metropolis Gas Act, 1860), s. 38
24 & 25 Vict. c. 133 (Land Drainage Act, 1861), ss. 48, 49
25 & 26 Vict. c. 89 (Companies Act, 1862), ss. 72, 73

33

15

29, 68, 77

110

128

199

68

34

s. 82
s. 161.
s. 162.

26 & 27 Vict. c. 87 (Trustee Savings Banks Act, 1863), s. 48
27 & 28 Vict. c. 101 (Highway Act, 1864), ss. 40, 41..
31 & 32 Vict. c. 119 (Regulation of Railways Act, 1868)
33 & 34 Vict. c. 78 (Tramways Act, 1870), s. 33..
34 & 35 Vict. c. 113 (Metropolis Water Act, 1871), s. 43
36 & 37 Vict. c. 48 (Regulation of Railways Act, 1873), s. 8
c. 66 (Judicature Act, 1873), s. 24..

74

30

268

30, 269

30, 269

38

74

32

30

34

29 314

37 & 38 Vict. c. 40 (Board of Trade Arbitration, &c., Act, 1874)—

[blocks in formation]

39 & 40 Vict. c. 52 (Savings Bank (Barrister) Act, 1876), s. 2
42 & 43 Vict. c. 11 (Bankers' Books Evidence Act, 1879), s. 5
45 & 46 Vict. c. 75 (Married Women's Property Act, 1882), s. 1...

[blocks in formation]

31

38

149

15

s. 13 s. 18

109

15

.128, 400

19

38

35

262

40, 72 40, 72

40

50 & 51 Vict. c. 26 (Allotments and Cottage Gardens Compensation

[blocks in formation]

PAGE

38

32

33

33

32

6, 32

227, 236

72

72

233, 245

39, 42, 44, 45, 75, 102, 273, 298

8, 39, 127, 223, 263

48, 322, 326

50, 51, 56, 59, 238

121, 124, 127

122, 123

40, 149, 168, 170, 255, 279

40, 147

97

168, 173, 250, 251, 253, 261

40, 116, 273

269, 293, 297, 299

72, 73, 319, 320, 326, 327, 330

.69, 72, 73, 319, 320, 331, 333, 336, 337

s. 15...71, 211, 221, 237, 248, 263, 310, 319, 326, 335

s. 16...

s. 18..

s. 19.....

s. 20.....

s. 21.

s. 22..

s. 23..

s. 24.....

8. 25.....

s. 26....

s. 27..

71, 250, 273, 293

40, 148

105, 170, 171, 172, 255, 279 .68, 171, 223, 230, 261, 291, 334

[blocks in formation]

54 & 55 Vict. c. 39 (Stamp Act, 1891)

s. 14

c. 63 (Interpretation Act, 1889), s. 1...

53 & 54 Vict. c. 5 (Lunacy Act, 1890), s. 244...
c. 39 (Partnership Act, 1890), s. 5

c. 70 (Housing of the Working Classes Act, 1890), s. 41
c. 71 (Bankruptcy Act, 1890), s. 1

56 & 57 Vict. c. 53 (Trustee Act, 1893), s. 21.

c. 63 (Married Women's Property Act, 1893), s. 1..
c. 73 (Local Government Act, 1894), s. 68

57 & 58 Vict. c. 13 (Arbitration (Scotland) Act, 1894)..
c. 16 (Judicature Act, 1894), s. 1

57 & 58 Vict. c. ccxiii. (London Building Act, 1894), s. 91.

9, 93

[blocks in formation]

c. 47 (Building Societies Act, 1894), s. 20......... 37, 42, 172

34

A.

57 & 58 Vict. c. cexiii. (London Building Act, 1894), s. 107
58 & 59 Vict. c. 11 (Lands Clauses (Taxation of Costs) Act, 1895)-

s. 1.....

c. 27 (Market Gardeners' Compensation Act, 1895)... 59 & 60 Vict. c. 9 (Local Government (Determination of Differences)

Act, 1896)
s. 1...

c. 25 (Friendly Societies Act, 1896), s. 68..

c. 30 (Conciliation Act, 1896), s. 3

c. 43 (Coal Mines Regulation Act, 1896), s. 2..

PAGE

34

243 38

6

32

38, 42, 172

42

33

41

28, 42

42

.38, 110

42

34

c. 45 (Stannaries Court Abolition Act, 1896), s. 4......
c. 48 (Light Railways Act, 1896), s. 13.....

60 & 61 Vict. c. 37 (Workmen's Compensation Act, 1897)
63 & 64 Vict. c. 50 (Agricultural Holdings Act, 1900)

s. 2

2 Edwd. VII. c. 41 (Metropolis Water Act, 1902), ss. 2, 23...

THE LAW

OF

ARBITRATIONS AND AWARDS.

CHAPTER I.

INTRODUCTORY-DEFINITIONS-FRAMING SUBMISSIONS.

common law.

Ar common law any agreement by which parties refer CHAP. I. an existing or possible future matter in dispute between Definitions. them to the judicial and final determination of a third Submission at person, who is named, is called a submission; the person to whom the reference is made, an arbitrator; when the reference is made to more than one, and provision is made that, in case they shall disagree, another shall decide, that other is called an umpire; the judgment pronounced by an arbitrator or arbitrators, an award; that by an umpire, an umpirage, or, less properly, an award. By statute, in particular cases, certain defined notices Under special and proceedings are made equivalent to a submission by agreement. Thus section 25 of the L. C. C. Act, 1845 (8 & 9 Vict. c. 18), enacts that an appointment of an arbitrator thereunder "shall be deemed a submission to arbitration on the part of the party by whom the same shall be made." (Rhodes v. Airedale Drainage Commissioners, 1 C. P. D. 402; 45 L. J., C. P. 861; Bidder v. North Staffordshire Railway Co., 4 Q. B. D. 412; 48 L. J., Q. B. 248.) Similar provisions are contained in

A.

B

statutes.

СНАР. І.

Under the
Arbitration
Act, 1889.
"Written
agreement."

Agreement in form not

by Act.

the Public Health Act, 1875 (38 & 39 Vict. c. 55, s. 180), and in other statutes.

66

In the Arbitration Act, 1889 (52 & 53 Vict. c. 49), submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not (s. 27). An agreement means the assent of both parties to the same set of terms. It may be contained in more documents than one, provided they express a common intent to submit the same matters to the same person, or refer to each other so as to make one supply missing terms in the other. But where the parties signed two separate documents, one of which contained a clause for reference and the other did not, there was held to be no submission; there was in fact no complete agreement. (Caerleon Tinplate Co. v. Hughes, 60 L. J., Q. B. 640; 65 L. T. 118; and see Davies v. Price, 10 W. R. 865.) It is not, however, necessary that the agreement should be signed by both parties, provided it is binding upon both. (Baker v. Yorkshire Fire and Life Assurance Co. [1892] 1 Q. B. 144; 61 L. J., Q. B. 838.) The indorsement on their briefs by counsel representing litigant parties, of an agreement to refer, is a written agreement within the section. (Aitken v. Batchelor, 62 L. J., Q. B. 193; 68 L. T. 530.)

The Act does not contemplate a reference to three contemplated arbitrators, and in the case of a mere agreement to refer which does not appoint the arbitrators and provides for a reference to three arbitrators, one to be appointed by each party and the third by the two so appointed, as distinguished from two arbitrators and an umpire, the Act does not enable the court to compel one of the parties to appoint an arbitrator. (Re Smith and Nelson's Arbitration, 25 Q. B. D. 545; 59 L. J., Q. B. 533.)

References

which are not

to arbitration.

The first element of a submission to arbitration is, that it should show an intention of the parties to be

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