office) shall be brought, to order, with consent of the Sect. 13. parties or their attornies, that the matter or matters of such appeal be referred to arbitration to such person or persons, and in such manner and on such terms as the said court shall think reasonable and proper; and such order may be made a rule of the Court of Queen's Bench, on the application of either party; and the award of the arbitrator or arbitrators, or umpirage of the umpire, may, on motion by either party, at the sessions next or next but one after such award or umpirage shall have been finally made and published, or after the decision of the Court of Queen's Bench on any motion for setting aside the same, be entered as the judgment of the court of general or quarter sessions in the appeal, and shall be as binding and effectual to all intents as if given by the said court: Provided always, that the Court of Queen's Bench may, if it think fit, on application within the term next after the making and publication of such award or umpirage, either refer the case back again to the same arbitrator, arbitrators, or umpire, or wholly set aside the award or umpirage already made, and may in the latter event order the court of general or quarter sessions to enter continuances and hear the appeal. reference Queen's order 14. If upon any reference to arbitration under Where this Act it shall be made to appear to the Court of abortive, Queen's Bench that, either from the death of the Bench may arbitrator or arbitrators or umpire, or from any sessions to other cause, it has become impossible that an award or umpirage can be made, it shall be lawful for the said court to order the court of general or quarter sessions of the peace to enter continuances and hear the appeal. hear the appeal. Sect. 15. 3 & 4 Will. 4, references under this Act. 15. The several provisions relating to arbitrations contained in an Act of the fourth year of c. 42, to be King William the Fourth, intituled, “An Act for applicable to the further Amendment of the Law, and the better advancement of Justice," shall be deemed and taken to be applicable to arbitrations under this Act; and Arbitrators in every such arbitration the arbitrator or arbitrators or umpire shall have the same powers of amendment which the court of general or quarter sessions of the peace would have had on the trial of the appeal. to have power of amendment. Recog nizances for prosecution and trial of appeal. 3 Geo. 4, c. 46. and amer See 3 & 4 Will. 4, c. 42, post, p. 194. 16. No recognizance entered into pursuant to any statute or statutes for the prosecution and trial of any appeal shall be deemed to be forfeited by such agreement as aforesaid for the statement of a special case without previously going to the court of general or quarter sessions, or by any submission to arbitration under the provisions of this Act. 17. And whereas by an Act passed in the third year of the reign of King George the Fourth, intituled, "An Act for the more speedy Return and levying of Fines, Penalties, and Forfeitures and Levying and Recognizances estreated," provision is made for recovery of fines, issues, authorizing the levying and recovery of fines, issues, amerciaments, and forfeited recognizances set, imposed, lost, or forfeited by or before any justice or justices of the peace in England: And whereas it is expedient that the subsequent proceedings in such cases should be uniform: Be it enacted, that the proceedings subsequent to such authority given for so levying and recovering as aforesaid shall and may ciaments. be the same in all respects in the case of such Sect. 17. fines, issues, and amerciaments as are by the said Act provided, permitted, and required in the case of such forfeited recognizances. See 3 Geo. 4, c. 46, post, p. 191. orders of 18. In all cases where any order shall be made by Enforcing " any court of general or quarter sessions of the peace sessions. it shall be lawful for the Court of Queen's Bench, or for any judge of that court at chambers, either in term or vacation, upon the application of any person entitled to enforce such order, and upon the production of a copy of such order under the hand of the clerk of the peace or his deputy, and upon proof of refusal or neglect to obey such order, to order and direct such order of the court of general or quarter sessions to be removed into the said Court of Queen's Bench, and thereupon such order shall be of the same force and effect, and may be enforced in the same manner, as a rule made by the said Court of Queen's Bench; and all the reasonable costs and charges attendant upon such application and removal shall be recoverable in like manner as if the same were part of such order. 19. Nothing in this Act contained shall extend to Not to Scotland or Ireland. extend to Scotland or Ireland. Note.-By the "Arbitration Bill" introduced into the House of Lords by Lord Bramwell, and ordered to be printed on 24th July, 1884 (No. 210), it was proposed to repeal sections 12 to 15inclusive of this Act, and to make other provisions in lieu thereof. However, the bill was not passed. references made by rule of court have contributed to the The following are the enactments referred to in sections 10, 12, 15, and 17 respectively of the preceding statute 12 & 13 Vict. c. 45. 9 WILL. 3, CAP. 15. An Act for determining Differences by Arbitration. [22nd November, 1698.] Recital that WHEREAS it hath been found by experience that references made by rule of court have contributed much to the ease of the subject in determining of controversies, because the parties become thereby obliged to submit to the award of the arbitrators under the penalty of imprisonment for their contempt in case they refuse submission. Now, for promoting trade and rendering the awards of arbitrators the more effectual in all cases for the final determination of controversies referred to them [by (a)] merchants and traders, or others concerning matters of account or trade or other matters: case of the subject. Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by authority Merchants, of the same, that from and after the eleventh day of May, &c., where remedy only by personal action or suit in equity, may agree that award may be made a rule of court, and may insert the same in their which shall be in the year of our Lord one thousand six hundred and ninety-eight, it shall and may be lawful for all merchants and traders, and others, desiring to end any controversy, suit, or quarrel, controversies, suits, or quarrels (for which there is no [other (a)] remedy, but by personal action or suit in equity) by arbitration, to agree that their submission of their suit to the award or umpirage of any person or persons should be made a rule of any of his Majesty's courts of record which the parties shall choose, and to insert such their agreement in their submission or the condition of the bond or promise, whereby they oblige themselves respecsubmission. tively to submit to the award or umpirage of any person or persons which agreement being so made and inserted in their submission, or promise, or condition of their respective bonds shall or may upon producing an affidavit thereof made by the witnesses thereunto or any one of them in the court of which the same is agreed to be made a rule, and reading and filing the said affidavit in court be entered of record in such court, and a rule shall thereupon be made by the said court that the parties shall submit to and finally be concluded by the arbi (a) Interlined on the roll. tration or umpirage which shall be made concerning them by the arbitrators or umpire pursuant to such submission. And in case of disobedience to such arbitration or umpirage the party neglecting or refusing to perform and execute the same, or any part thereof, shall be subject to all the penalties of contemning a rule of conrt when he is a suitor or defendant in such court, and the court on motion shall issue process accordingly, which process shall not be stopped or delayed in its execution by any order, rule, command, or process of any other court either of law or equity unless it shall be made appear on oath to such court that the arbitrators or umpire misbehaved themselves, and that such award, arbitration, or umpirage was procured by corruption or other undue means. And be it further enacted by the authority aforesaid, that Arbitration any arbitration or umpirage procured by corruption or undue unduly means shall be judged and esteemed void and of none effect, void. and accordingly be set aside by any court of law or equity, so as complaint of such corruption or undue practice be made in the court where the rule is made for submission to such arbitration or umpirage, before the last day of the next term after such arbitration or umpirage made and published to the parties, anything in this Act contained to the contrary notwithstanding. procured, 3 GEO. 4, CAP. 46. An Act for the more speedy return and levying of Fines, shall be 2. And be it further enacted, that from and after the Sect. 2. twenty-ninth day of September, one thousand eight hundred and twenty-two, all fines, issues, amerciaments, forfeited re- Fines, &c., cognizances, sum or sums of money paid or to be paid in lieu imposed by or satisfaction of them or any of them (save and except the any justices same shall by virtue of any Act or Acts of parliament made certified or to be made, be otherwise directed to be levied, recovered, by them appropriated, or disposed of), which already are or hereafter clerk of the shall be set, imposed, lost, or forfeited by or before any peace, &c.; justice or justices of the peace in that part of the United Kingdom called England, shall be and are hereby required to to the |