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AMENDMENTS IN THE LAW OF ARBITRATION—continued.
such order to have the effect of a judgment in ejectment
(16), p. 12.

every agreement or submission to arbitration by consent, may
be made a rule of court (17), p. 12.

unless agreement or submission express otherwise (17), p. 12.
if agreement or submission provides that it may be made a rule
of any particular court, the same to be a rule of that court
only (17), p. 13.

so where a case is stated in the award for the opinion of
one of the courts (17), p. 13.

so where document is made a rule of one court, no other
court to have jurisdiction respecting it (17), p. 13.

APPEAL:

right of, where rule to enter a verdict or nousuit upon a point
reserved, is refused, discharged, or made absolute (34), p 28.
so on motion for a new trial, if one of the judges dissent
from the ruling of the majority (35), p. 29.

or if the court think fit that an appeal be allowed (35), p. 29.
but no such appeal where the application for a new trial is
upon matter of discretion only (35), p. 29.

Court of Error, Exchequer Chamber, and House of Lords, to
be courts of, (36), p. 30.

Court of Queen's Bench to be the court of appeal from the
Palatinate Courts (102), p. 72.

notice of (37), p. 30.

to be a stay of execution (38), p. 30.

form of (39), p. 30.

rule nisi granted on, how disposed of (40) p. 31.

judgment of court of (41), p. 31.

powers of court of, as to costs and otherwise (42), p. 31.

ARBITRATION-(See also ' ARBITRATOR' and ' AWARD':

power to court or judge to direct, before trial (3), p. 3.
power to judge to direct, at time of trial, when issues of fact left
to his decision (6), p. 6.

staying proceedings where action commenced by one party, after
all have agreed to (11), p. 9.

ARBITRATION-continued.

proceedings in case of, on failure of parties to appoint arbitrator
or umpire (12, 13), p. 10.

power to make agreement or submission to, a rule of court (17).

ARBITRATOR: Appointment of :

power to court or judge, before trial, to direct cause to be
referred to (3), p. 3.

decision of, how enforced (3), p. 3.

power to judge, on trial of any issue of fact by him under Act, to
direct matters of account to be referred to, (6), p. 6.

power to send back matters to (8), p. 6.

power of judge, on failure of parties, to appoint (12), p. 10.
or on arbitrator refusing to act (12), p. 10.

or becoming incapable of acting (12), p. 10.

or dying (12), p. 10.

or on failure of parties or arbitrators to appoint an umpire,
when at liberty to do so (12), p. 10.

power of one party to appoint, to act alone when reference is to
two arbitrators, and one party fails to appoint (13), p. 11.

Power and Duties of:

decision of the court and finding of the jury upon the allowance

or disallowance of any particular item binding upon (4), p. 5.
power of, to state special case (5), p. 5.

proceedings before and power of, on reference of matters of
account by judge at trial of any issue of fact under act (7), p. 6.
power of, when appointed by judge, on failure of the parties or
arbitrators, &c. (12), p. 10.

power of two arbitrators to appoint an umpire (14), p. 11.
within what time award must be made (15), p. 11.

unless a different limit of time is appointed (15), p. 11.

or time is enlarged by consent (15), p. 11.

or by order of the court or a judge (15), p. 11.
may state a special case, p. 5.

Award of, see' AWARD.'

ASSESSMENT OF DAMAGES:

on trial of issues of fact by judge (1), p. 1.

ASSETS in futuro:

proceedings against executors on judgment of (91), p. 60.

ASSOCIATE:

appointment by, of proper persons to attend trial of causes
when two courts sitting at the same time (2), p. 2.

ATTACHMENT:

of debts due to judgment debtor (61), p. 46.

order for, to bind debts (62), p. 46.

proceedings to levy amount due from garnishee to judgment
debtor (63), p. 46.

power to judgment creditor to sue where debt disputed (64),
p. 46.

discharge of garnishee (65), p. 47.

attachment book to be kept by the masters of each court (66),
p. 47.

costs of application for (67), p. 47.

enforcement of writ of mandamus by (73), p. 49.

enforcement of injunction by (81, 82), p. 52.

against witnesses disobeying special writs of subpoena, p. 71.

ATTENDANCE OF WITNESSES:

power to courts of law in England, Scotland, and Ireland to
issue process to compel, p. 77.

ATTESTATION:

to what instruments necessary, p. 22.

ATTESTING WITNESS:

need not be called to prove any instrument, to the validity of
which attestation is not requisite (26), p. 22.

necessity for calling may be dispensed with by express admis-
sions, p. 22.

or by admission in the pleadings, p. 23.

ATTORNEY:

delivery of written interrogatories to (51), p. 41.

AUDITA QUERELA :

setting up equitable defence by way of (84), p. 57.

AWARD: When to be made:

to be made in three months (15), p. 11.

unless document or order of reference contains a dif-
ferent limit of time (15), p. 11.

or unless the time is enlarged by consent (15), p. 11.

or by court or judge, (15), p. 11.

Enforcement of:

within period for setting aside (10), p. 8.

rule or order to deliver possession of land pursuant to award,
how enforced (16), p. 12.

power to make agreement or submission to arbitration by con-
sent or rule of court (17), p. 12.

Setting Aside:

application for, on a compulsory reference (9), p. 7.
notwithstanding time for, has not elapsed, award may be en-
forced (10), p. 8.

AWARD OF A TRIAL de novo:

error may be brought upon (43), p. 32.

BAIL:

to be given on appeal (38), p. 30.

writs of execution to fix, may be tested and returnable in vaca-
tion (90), p. 59.

BILL OF EXCHANGE:

in action on, court or judge may order loss of, not to be set
up (87), p. 58.

BODY CORPORATE:

to disclose documents and answer interrogatories by officer on
their behalf (50, 51), pp. 37, 41.

BOOK:

of entries of monies received by officer of court at trials, of
stamp duties and penalties (29), p. 24.

inspection of, of adverse party, p. 40.

kept by the keeper of a lunatic asylum, not privileged from
production, p. 41.

BOOK-continued.

order for the production of, by judgment debtor on his exami-
nation (60), p. 45.

debt-attachment book to be kept at the Master's Office (66),
p. 47.

BREACHES OF CONTRACT:

injunction to restrain (79), p. 51.

CAPIAS AD SATISFACIENDUM:
Writ to fix bail, p. 59.

CASE:

statement and determination of, as to a particular item, where

the cause is referred to arbitration (4), pp. 4, 5.

appeal to be upon, stated by the parties (39), p. 31.
special power of arbitrator to state (5), p. 5.

CAUSES, TRIAL OF:

power for two judges to sit at the same time for (2), p. 2.

CERTIFICATE:

of referee of matters of account, enforceable by the same pro-
cess of the finding of a jury (3), pp. 3, 4.

effect of such certificate, p. 4.

of conviction of witness for felony or misdemeanour (25),
p. 21.

CERTIORARI:

question whether indictments removed by, are within the
regulations as to the speeches of counsel, p. 14.

CHARACTER OF WITNESS:

cannot be impeached by general evidence of bad character (22),
P. 16.

nor by particular instances unless material to the issue, p. 17.
but a conviction for felony or misdemeanor may be proved if
the witness denies the fact or refuses to answer (25), pp. 17,

21.

CHATTELS:

specific delivery of, in actions for the detention of (78), p. 50.
inspection of, by the jury, parties or witnesses (58), p. 44.

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