INDEX.

[Note. Throughout the Index the Arbitration Act, 1889, is
referred to as "A. A., 1889."]

ABORTIVE REFERENCE,
costs of, 231.

fatal to specific performance of conditional contract, 51.
of an appeal at sessions, 27.

ACCOUNT,

matter of, in an action, referred. See COMPULSORY REFER-

ENCE.

mode of taking, by referee, 328.

ACCOUNT STATED,

award not evidence of, 272.

ACCOUNTANT,

acting as, not arbitrator, 5.

arbitrator employing, 159.

costs of, costs of reference, 228.

expenses of, qualifying to give evidence, 247.

ACQUIESCENCE. And see WAIVER.

in award, may bind stranger, 265.

may prevent party from moving to set it aside, 288.

ACTION,

reference of, by consent,

may be at any stage, 23, 69.
includes counterclaim, 211.
court or judge may order, 69.
on "usual terms," 70.

stranger made party to, 23, 70.

and directed to pay costs, 239.

amending order of, 88.

reference of, is of the cause as it stands, 83.

powers of arbitrator on, 211.

pleadings in, need not be set out in award, 211.

awarding on, in words of the issue, 211.

costs of several issues respectively follow the event, 212.
finding on each issue, when costs abide the event, 212.
specific finding when not necessary, 213.

not if arbitrator is to tax costs, 216.
or if costs do not abide the event, 216.
or if issues have not been joined, 216.

ACTION-continued.

reference of, by consent-continued.
awarding a general verdict, 215.
awarding entry of a verdict, 217.
award should assess damages, 217.

unless a plea found for defendant answers the whole claim, 218.
damages awarded in, not to exceed verdict taken on reference,
219.

nor amount claimed in plaintiff's particulars, 219.

damages not limited when all matters in difference referred,

219.

when plaintiff may be ordered to pay a sum of money, 220.
awarding a stet processus, 207, 213, 220.

a nonsuit, 220.

an entry of judgment, 221.

costs of, 231. And see CoSTS.

compulsory reference of. See COMPULSORY REFERENCE.
discretion of judge in ordering, 320.

in what cases, 72.

at what stage, 73, 320.

when part only "matter of account," 334.
when questions of fraud involved, 333.

whether of whole, allowed, 333.

for breach of agreement to refer, 51.

submission no bar to, for same matter, 50.

stayed, after agreement to refer, 50, 56.

PROCEEDINGS.

for revocation of submission, 109.

against arbitrator, 137.

when an award a defence to, 269, 271.

And see STAYING

entering judgment in, in pursuance of award, 310.

on an award for a money claim,

when it will lie, 311.

when the only remedy, 28, 312.

-for interest on sum awarded, 269, 312.

-for costs awarded, 312.

is upon the contract in submission, 313.

indorsement of writ in, 313.

statement of claim, 313.

defence to, 314.

as to part, 316.

set-off and counter-claim to, 316.

for specific performance,

of agreement to refer, 50.

of contract when terms conditional on reference, 51.
after part performance, 52.

of award, 316.

defences to, 317.

ADMINISTRATOR. See EXECUTOR.

ADMISSION,

by party before arbitrator, when evidence, 139.
of mistake by arbitrator, award remitted back on, 257.
award not set aside on, 278.

AFFIDAVIT,

not receivable by arbitrator, 149.
of mistake by arbitrator, 258, 278.
of execution of award, 290, 294, 309.
of lost award, 309,

on motion to set aside an award, 289.
to enforce award, 294, 309.

how entitled, 294, 309.

AFFIRMATION,

instead of oath, 149.

AGENT,

duly authorized, may refer, 20.

when, and not principal bound by submission, 20.
authority of, to refer arising out of employment, 20.
of the parties, arbitrators not to act as, 118.

award of payment of money to, 177.

demand by, of performance of award, 306.
may not be appointed arbitrator, 104, 113.

AGREEMENT. See SUBMISSION, SPECIFIC PERFORMANCE.
submission, means written, 2.

reference by, 47.

to refer, by what law governed, 7.

no bar to action, 50, 58.

action for breach of, 51.

specific performance of, 50, 52.

making award condition precedent to action, 53.

future differences, 52. See FUTURE DIFFERENCES, STAYING
PROCEEDINGS.

when it ousts the jurisdiction of the court, 36, 38, 68.
conditional, on an award, 51.

AGRICULTURAL HOLDINGS ACT, 1883, reference under,
38, 110.

submission under, irrevocable, 110.

AGRICULTURAL HOLDINGS ACT, 1900, excludes A. A., 1889,
subject to any agreement, 42.

"ALL MATTERS IN DIFFERENCE,"
by what words referred, 79.

referred, arbitrator must decide, 183.

do not include a matter existing but not in difference, 82, 267.
stamp on submission of, 49.

ALLOTMENTS ACT, 1887,

reference under, 32.

ALLOTMENTS COMPENSATION FOR CROPS ACT, 1887,
reference under, 38.

ALTERATION,

of submission, 87-91.

by consent of parties, 87.

amounts to a new submission, 49, 87.

ALTERATION-continued.

of submission-continued.

by an instrument of as high a nature as submission, 87.
arbitrator no power to make, 87.

of orders of reference, when court can make, 88.
of an award, when can be made, 40, 167, 255.

AMENDMENT. See ALTERATION.

APPEAL,

at quarter sessions, reference of, 25, 244. See QUARTER
SESSIONS.

from an award, 263.

on a compulsory reference, 262, 275.

from judgment on special case, 171.

against compulsory order of reference, 321.

against report of a referee, 337.

APPOINTMENT,

of arbitrator under an agreement to refer, 111, 118, 120, 123.
by court, 121.

mode of application for, 123.

of third arbitrator, no power of court as to, 2, 127.

meetings in a reference, 142.

umpire or third arbitrator, 125-128.

by court, 127.

to proceed before referee, 322.

ARBITRATION,

defined, 1.

and valuation, distinguished, 3.

compulsory reference, not an, 319.

valuation when an, 4.

incidents of, attached to what is not an, 6.

who may be parties to an, 13—22.

what may be referred to, 23-38.

points to be observed in framing submission to, 7.

amount of purchase money determinable by, 24.

what is an, within A. A., 1889, 2.

what amounts to submission to, 2, 47.

submission to, a contract, 48, 313.

proceedings at, same as at nisi prius, 144.

quasi, person adjudicating in, not liable for want of skill, 138.

ARBITRATION ACT, 1889,

repeals general arbitration statutes, 40.

a statute of procedure, 39.

amends as well as consolidates, 40.

binding upon the Crown, 42.

except as to costs, 42.

retrospective, 8.

applies to all submissions whenever made, 8, 40.

to every statutory reference, 41.

except so far as inconsistent, 41.

test of inconsistency, 41.

Acts which incorporate, 41.

exclude, 42.

partially exclude, 42.