New South Wales. Laws, statutes, etc. Civil proced- ure law, ARBITRATION ACT, 1892, WITH THE RULES OF 24th MARCH, 1893, FORMS AND NOTES OF CASES. BY JAMES MORIARTY, OF THE Middle Temple, Barrister-at-Law. Sydney: C. F. MAXWELL (HAYES BROTHERS), Law Bookseller and Publisher, 55 & 57 ELIZABETH STREET. 1893. AU/NES 390.4 593 To the HONOURABLE PETER FAUCETT, Who, for over twenty-two years, was a Judge of the Supreme Court in the Colony of New South Wales. A Judge courteous, wise, and learned. MAY 8 1917 IN PREPARATION. THE LAW & PRACTICE OF NEW SOUTH WALES ON Appeals from Justices' Orders and Convictions, Appeals from all inferior Courts to the Supreme AND ON Appeals to the Privy Council, Criminal Information and Writs of Habeas Corpus, WITH COPIOUS NOTES AND AN APPENDIX CONTAINING THE BY JAMES MORIARTY, MIDDLE TEMPLE, OF THE BARRISTER-AT-LAW. THE PREFACE. HE law relating to arbitration in the Colony of New South Wales is contained in three Acts of Parliament, 22 Vict. No. 18, 51 Vict. No. 37, and the 55 Vict. No. 32. The Act of 1892, while repealing the 31 Vict. No. 15, is on the same lines as the 52 & 53 Vict. c. 49, which passed into law in England in 1889. The law in England previous to the 52 & 53 Vict. c. 49 was regulated (apart from particular statutes) by the 9 Will. III. c. 15 as amended by 3 & 4 Will. IV. c. 42 and the Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), ss. 3-17, and further amended by the Judicature Acts, 1873 and 1884, and the Rules of the Supreme Court, 1883. The law in New South Wales was regulated by the 31 Vict. No. 15 (now repealed), the Public Works Act, 1888, and the District Courts Act, 1858. The Arbitration Act, 1892, may be divided into references by consent and compulsory references. As to the former, there can arise little difficulty if the parties be in earnest in their willingness to arbitrate, and independent persons-not partisans-be nominated as arbitrators. As to the latter, the Judge has power under s. 12 to order the whole matter, or any question of fact arising therein, to be tried before an arbitrator agreed on by the parties or before a referee appointed by the Court or Judge for the purpose. As to remuneration in compulsory references, the Judge (sub-s. 3 of s. 13) shall determine the remuneration to be paid to any referee or arbitrator; in reference by consent the Act is silent as to fees or payments, but Rules 7, 10, 11 and 12 provide a means which may work satisfactorily in practice. Before proceeding to arbitration it will be advisable to arrange the fees payable to the arbitrator, and, in case of any difference, that the matter of claim be taxed by the Prothonotary, as there |