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a criminal act.
submission, and as it did not do so, he had no power
to make such award (Pascoe v. Pascoe, 3 Bing. N. C.). Cannot award An arbitrator has no power to award the performance of a criminal act. Neither can he direct a party by his award to do anything that would make him a trespasser on the land of another; but if he direct the payment of money on a date which happens not to be a lawful day for the transaction of business, such as Sunday, the award will not thereby be invalidated (Bacon's Abr. Arb. E. 4).
Can allow interest.
tor can award in partnership disputes.
The arbitrator has a general power of allowing interest, as that is a question of fact for him to decide, and there is no binding rule of law for him to observe. Whether any interest, and if so, what amount is due, are questions of fact upon which the arbitrator can adjudicate.
In questions of partnership, as we have seen, he can award a dissolution where the reference is "of all the matters in difference," and the question whether the partnership shall be dissolved is one of them (Bacon's Abr. Arb. E.).
In references where the arbitrator is authorised to settle the terms upon which a partnership is to be dissolved, he has considerable latitude given him as to the terms of his award; and he has authority in such a case to restrain one partner from carrying on the same business within a certain distance from the particular town in which the partnership business is Award should carried on (Morley v. Newman, 5 D. & R. 317). It cannot be too strongly impressed upon the mind of an arbitrator, that his award should be so worded as to be a definite conclusion of all matters in difference.
be a final
settlement of matters referred.
He should leave nothing to be implied where any act has to be performed, but the act should be stated, and where such act is the payment of money, the time and place of such payment should be directed (Morphett, In re, 2 D. & L. 967). In the case of Stonehewer v. Farrar, 9 Jur. 203, where the arbitrator had to decide as to the pollution of a stream used by a bleacher, and he awarded that the water coming from the works "should be purified and cleansed by the ordinary and most approved process of filtering," without directing what process was to be used, the award was held bad, ambiguous, and not final on that account. L. J. Denman in his judgment observed, "The words in which an arbitrator describes what shall be done should be certain and accompanied in his own mind with an understanding of what he prescribes." The necessity for clearness and precision in the award cannot, therefore, be too strongly insisted upon, in order to prevent the possibility of a mistake as to its meaning, being made by anyone of ordinary intelligence.
CONSEQUENCES OF THE AWARD.
AN award is, or should be, a final and conclusive
judgment between the parties of the matters men
same effect as a judgment of Court.
Power of appeal from award.
tioned in the submission. It binds the parties to the submission, to the same extent as though it were a judgment of the Court, and it precludes them from again bringing before a court of justice the matters awarded upon. Where, however, the reference has been compulsory, the rules of the Supreme Court, 1883, allow of an appeal. Order LIX., r. 3, says: "Where a compulsory reference to arbitration has been ordered, any party to such reference may appeal from the award or certificate of the arbitrator or referee upon any question of law, and on the application of any party the Court may set aside the award on any ground on which the Court might set aside the verdict of a jury. Such appeal shall be to a divisional Court, who shall have power to remit all or any part of the matter in dispute to the arbitrator or referee, or to make any order with respect to the award or certificate, or all or any of the matters in dispute that may be just." It will be seen that in order to take advantage of this Order the reference must be compulsory, and the question appealed against must be one of law (Williams v. Moulsdale, When award is 7 M. & W. 134). An award is conclusive between the parties as to all matters in difference mentioned in the submission, whether they have been brought before the arbitrator or not. If one of the parties have so far neglected his own interests as to omit to bring before the arbitrator at the proper time any matter affecting him, and which was mentioned in the submission as a matter of difference, he cannot afterwards bring an action to remedy his grievance. Where a reference was of "all actions and causes of
action between the parties," and after the award was
real or personal
Solicitor's lien on award.
be altered after publication.
vested, so as to give a possessory remedy for its recovery; therefore in a dispute between two persons concerning the right to certain land, or other property, if the arbitrator ascertains to whom it belongs and awards accordingly, the award is binding upon both parties (Doe d. Morris v. Rosser, 3 East, 15). Where an award orders payment of a sum of money by one person to another, so as to give the creditor a right of action for its recovery, it creates a debt which can be proved in bankruptcy, and is a good petitioning creditor's debt, carrying interest from the day appointed for payment (Antram v. Chace, 15 East, 208). A plaintiff's solicitor has a lien on a sum awarded to the plaintiff, to the same extent as he would have in an action, and if the defendant, after having received notice, pay the money direct to the plaintiff instead of to his solicitor, repayment to himself can be enforced by the solicitor on summary application to the Court (Ormerod v. Tate, 1 East, 464). The Court has no power to alter or amend or in any way to interfere with an award; neither can the arbitrator after the award is published make any alteration therein. The parties whose duty it is to obey the award should do all acts necessary to carry out the intention of the arbitrator, and if a certain thing is directed to be done, and no time is mentioned for its performance, it should not be unnecessarily postponed, but should be carried out within a reasonable time. Where both time and place are mentioned for an act to be done, such as the payment of money, the party making the payment should be there at the time specified, even though