AMENDMENTS IN THE LAW OF ARBITRATION—continued. every agreement or submission to arbitration by consent, may unless agreement or submission express otherwise (17), p. 12. so where a case is stated in the award for the opinion of so where document is made a rule of one court, no other APPEAL: right of, where rule to enter a verdict or nousuit upon a point or if the court think fit that an appeal be allowed (35), p. 29. Court of Error, Exchequer Chamber, and House of Lords, to Court of Queen's Bench to be the court of appeal from the 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. staying proceedings where action commenced by one party, after ARBITRATION-continued. proceedings in case of, on failure of parties to appoint arbitrator 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 decision of, how enforced (3), p. 3. power to judge, on trial of any issue of fact by him under Act, to power to send back matters to (8), p. 6. power of judge, on failure of parties, to appoint (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, power of one party to appoint, to act alone when reference is to 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. proceedings before and power of, on reference of matters of power of two arbitrators to appoint an umpire (14), 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. 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 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 power to judgment creditor to sue where debt disputed (64), discharge of garnishee (65), p. 47. attachment book to be kept by the masters of each court (66), 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 ATTESTATION: to what instruments necessary, p. 22. ATTESTING WITNESS: need not be called to prove any instrument, to the validity of necessity for calling may be dispensed with by express admis- 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- 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, power to make agreement or submission to arbitration by con- Setting Aside: application for, on a compulsory reference (9), p. 7. 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- BILL OF EXCHANGE: in action on, court or judge may order loss of, not to be set BODY CORPORATE: to disclose documents and answer interrogatories by officer on BOOK: of entries of monies received by officer of court at trials, of inspection of, of adverse party, p. 40. kept by the keeper of a lunatic asylum, not privileged from BOOK-continued. order for the production of, by judgment debtor on his exami- debt-attachment book to be kept at the Master's Office (66), BREACHES OF CONTRACT: injunction to restrain (79), p. 51. CAPIAS AD SATISFACIENDUM: 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. 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- effect of such certificate, p. 4. of conviction of witness for felony or misdemeanour (25), CERTIORARI: question whether indictments removed by, are within the CHARACTER OF WITNESS: cannot be impeached by general evidence of bad character (22), nor by particular instances unless material to the issue, p. 17. 21. CHATTELS: specific delivery of, in actions for the detention of (78), p. 50. |