41 & 42 Vict. c. 32. SS. 24, 26, 27. Exceptions from Metropolis Management Acts extended to this Act. by summary proceeding under the Metropolis Management Act, 1855, and the Acts amending the same provided always, that in any proceedings against any person for more than one penalty in respect of one or more breach or breaches of any provision of this Act or of any byelaw made in pursuance of this Act, it shall be lawful to include in one summons all such penalties, and the charge for such summons shall not exceed two shillings. Note.-Penalties recoverable summarily under the Metropolis Management Act, 1855, are by sect. 227 of that Act recoverable before any justice in manner provided by the Summary Jurisdiction Act, 1848 (11 & 12 Vict. cap. 43). And penalties recoverable summarily under the Metropolis Management Act, 1862, are, by sect. 102 of that Act, recoverable in the same manner. A right of appeal to quarter-sessions from the adjudication or determination of such justice is given by sect. 231 of the Act, the procedure in which appeal is now regulated by the Summary Jurisdiction Act, 1884 (47 & 48 Vict. cap. 43), which repeals so much of sect. 231 as prescribed the mode of appealing. See also as to summary proceedings the note to sect. 166 of the Act of 1894, ante, p. 254. 24. Her Majesty's royal palaces, and all buildings, works, and ground excepted from the operation of the Metropolis Management Act, 1855, and the Acts amending the same, or of any of the said Acts, shall be excepted from the operation of the provisions of this Act which are to be construed with such Acts, and all exemp18 & 19 Vict. tions from the provisions of any of the said Acts shall extend to such of the provisions of this Act as are to be construed as aforesaid with such Acts. c. 120. Act not to apply to the Inner and Temple, &c. Saving rights of the Crown and the Duchy of Lancaster. Note. For the buildings, works, and ground excepted from the operation of the Act of 1855, see sects. 240–246 of that Act. 26. Nothing in this Act . shall apply to the Inner Temple, the Middle Temple, Lincoln's Inn, Gray's Inn, Staple Inn, Furnival's Inn, or the close of the collegiate church of Saint Peter, Westminster. 27. Nothing contained in this Act . . . shall apply to or shall authorise or empower the Board, or any vestry, district board, or district surveyor, to take, use, or in any manner interfere with any land, soil, tenements, or hereditaments, or any rights of whatsoever nature, belonging to or enjoyed or exercisable by the s. 27. Queen's most Excellent Majesty in right of her Crown, 41 & 42 Vict. or in right of her Duchy of Lancaster, without the con- c. 32. sent in writing of the Commissioners for the time being of Her Majesty's woods, forests, and land revenues, or one of them, on behalf of Her Majesty, in right of her Crown, first had and obtained for that purpose (which consent such Commissioners are hereby respectively authorised to give), or without the consent in like manner of the Chancellor of the said Duchy, on behalf of Her Majesty, in right of her said Duchy; neither shall anything contained in this Act, or in any byelaw thereunder made, extend to divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority vested in or enjoyed or exercisable by the Queen's Majesty, her heirs or successors, in right of her Crown, or in right of her said Duchy; and nothing contained in Part I. of this Act shall apply to the extension of Savoy Street or the bridge which the chancellor and council of the said Duchy are by the Metropolitan Board of Works (Various Powers) Act, 1875, empowered 38 & 39 Vict. to make and construct, or to any house or building c. 65. within the precinct of the Savoy, or upon the land mentioned in section six of the last-mentioned Act, constructed or extended after the passing of this Act, in or abutting upon any road, passage, or way existing, formed, or laid out at the time of the passing of this Act. Note. The Act under which the Metropolitan Board of Works was empowered to extend Savoy Street, and which was no doubt intended to be referred to in this section, is the 38 & 39 Vict. c. clxxix. which is intituled, 'An Act for authorising improvements in and near the precinct of the Savoy, near Charing Cross, with a view to the opening of better connection with the Victoria Embankment, and for conferring powers on the Metropolitan Board of Works with reference to Tooting Graveney Common, and for other purposes.' Submission to be irrevo THE ARBITRATION ACT, 1889. 52 & 53 VICT. C. 49. An Act for amending and consolidating the enactments BE it enacted by the Queen's most Excellent Majesty, References by Consent out of Court. 1. A submission, unless a contrary intention is cable, and to expressed therein, shall be irrevocable, except by leave of the Court or a judge, and shall have the same effect in all respects as if it had been made an order of Court. have effect as an order of court. Provisions implied in 2. A submission, unless a contrary intention is expressed therein, shall be deemed to include the prosubmissions. visions set forth in the First Schedule to this Act, so far as they are applicable to the reference under the submission. Power to there is a 4. If any party to a submission, or any person claimstay proceeding through or under him, commences any legal proceedings where ings in any court against any other party to the submissubmission. sion, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and that court or a judge thereof if satisfied. that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings. 7. The arbitrators or umpire acting under a submis- 52 & 53 Vict. sion shall, unless the submission expresses a contrary c. 49. intention, have power Ss. 7-9, 12, 18-20. (a.) to administer oaths to or take the affirmations of Powers of the parties and witnesses appearing; and (b.) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and (c.) to correct in an award any clerical mistake or error arising from any accidental slip or omission. arbitrator. 8. Any party to a submission may sue out a writ of Witnesses subpoena ad testificandum, or a writ of subpoena duces may be sumtecum, but no person shall be compelled under any such moned by writ to produce any document which he could not be compelled to produce on the trial of an action. 9. The time for making an award may from time to time be enlarged by order of the Court or a judge, whether the time for making the award has expired or not. subpoena. Power to enlarge time for making award. 12. An award on a submission may, by leave of the Enforcing Court or a judge, be enforced in the same manner as a award. judgment or order to the same effect. General. tendance of witness in any part of the United Kingdom, 18. (1.) The Court or a judge may order that a Power to writ of subpoena ad testificandum or of subpoena duces compel attecum shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever he may be within the United Kingdom. (2.) The Court or a judge may also order that a writ and to order of habeas corpus ad testificandum shall issue to bring up pus to issue. a prisoner for examination before an official or special referee, or before any arbitrator or umpire. habeas cor arbitration. 19. Any referee, arbitrator, or umpire may at any Statement of stage of the proceedings under a reference, and shall, if case pending so directed by the Court or a judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of reference. 20. Any order made under this Act may be made on Costs. such terms as to costs, or otherwise, as the authority making the order thinks just. сс 52 & 53 Vict. C. 49. SS. 21-30. Exercise of powers by masters and other officers. Penalty for perjury. Application of Act to references under statu 21. Provision may from time to time be made by Rules of Court for conferring on any master, or other officer of the Supreme Court, all or any of the jurisdiction conferred by this Act on the Court or a judge. 22. Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open court, and may be dealt with, prosecuted, and punished accordingly. 24. This Act shall apply to every arbitration under any Act passed before or after the commencement of this Act as if the arbitration were pursuant to a subtory powers. mission, except in so far as this Act is inconsistent with the Act regulating the arbitration or with any rules or procedure authorised or recognised by that Act. Definitions. Short title. 27. In this Act, unless the contrary intention appears- Rules of Court' means the rules of the Supreme 30. This Act may be cited as the Arbitration Act, 1889. SCHEDULES. THE FIRST SCHEDULE. PROVISIONS TO BE IMPLIED IN SUBMISSIONS. a. If no other mode of reference is provided, the reference shall be to a single arbitrator. b. If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award. c. The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any |