APPENDIX OF FORMS, AND OF THE STATUTES RELATING BY FRANCIS RUSSELL, ESQ., M.A., BARRISTER-AT-LAW. FIFTH EDITION. "Esto bonus miles, tutor bonus, arbiter idem Integer." Juv. 8 Sat. 1. 79. LONDON: STEVENS AND SONS, 119, CHANCERY LANE; Law Publishers. PREFACE TO THE FIFTH EDITION. IN preparing this work for the press great difficulty has been felt in respect to the New Judicature Acts. These statutes have much changed the law and practice in actions and suits, and so indirectly as to awards. But as the system is so new, and will require many judicial decisions before its effect on the different classes of arbitrations is made plain, it has been thought best to retain generally the statement of the old practice, where not expressly altered, and the old forms, except indeed those of pleadings in actions, which have been omitted as no longer of any value. It is hoped that the care which has been taken to embody in the text the recent enactments and decisions on arbitration will render this, the fifth edition, useful and acceptable. 5, PAPER BUILDINGS, TEMPLE. December, 1877. F. RUSSELL. EXTRACT FROM THE PREFACE TO THE FIRST EDITION. THE present treatise is divided into three parts. In the second, or principal part, the author has endeavoured to set forth an exposition of the law of arbitration, so far as it concerns the arbitrator's powers and duties, and to arrange it, so as to show him, how he may best exercise the one and perform the other. It treats also of the privileges and liabilities of an arbitrator. To these objects the inquiry was originally intended to have been confined; but as the arbitrator's functions vary materially with the varying terms of the submission to reference, it was found incumbent to enter into a more detailed investigation respecting the submission: and the result of that research, so far as it primarily affects other parties than the arbitrator, has been prefixed in the first or preliminary part, in the hope of assisting parties to select that mode of arbitration best suited to their particular circumstances. The third part, respecting the effect of awards, and the modes of enforcing and setting them aside, was added from a desire to make the work in a measure complete as a treatise on awards, as well as on arbitrators. Unfortunately, this part of the subject has far exceeded the contemplated limits. A variety of Precedents and of Forms of Proceedings relating to Arbitration has been subjoined in the Appendix of Forms. |