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justice of peace or parish officer, it is proposed, in order not to increase the work unnecessarily, merely to insert in the present edition so much as may be requisite to shew what things may be submitted to arbitration; and to add only the form of a common award, referring the reader for further information to the excellent treatise upon the subject published by Mr. Caldwell.
It is also considered advisable to append the recent provisions of the stat. 3 & 4 W. 4. c. 42. respecting arbitrations. I. cahat Things may be submitted to Arbitration.
All matters of controversy, either of fact or of a right in things, Actions perand actions personal and uncertain, may be submitted to arbi- sonal. tration. 9 Rep. 78.
All civil matters may be submitted to reference, as well as all costs incident thereto. Per Gibbs C. J., Baker v. Townshend, 1 Moore, C. P. 124.
Matters of freehold, or any right and title to a freehold, cannot Matters of freebe submitted to arbitrament; for a freehold is not transferable hold. from one to another, without livery and seisin. Yet if there be a submission concerning the right, title, or possession of lands and tenements, and the parties enter into mutual bonds to stand to the award made relating to them, they forfeit their bonds unless they obey it. 1 Roll. Abr. 242. 244. Wood. b. 4. c. 3.
At the present day it is quite clear that any disputes respecting land may be referred to arbitration, and that one party may be directed to execute all the necessary conveyances to the other, and to perform all such acts as may be requisite to confer the right and the possession. Caldw. on Arbit. 2.
In no criminal case, where it would be a public offence to com- Criminal ofpound an injury, can the matter be referred to arbitration ; indeed, fences. it seems that parties would be punishable who should enter into such bonds. Caldw. on Arbit. 4.
But in cases of minor grievance, such as assault, libel, conspiracy, nuisance, maintenance, and the like, wherever the party injured has a remedy by action as well as by indictment, nothing can deter such party from referring the adjustment of the reparation which he is to receive to arbitration, although a criminal prosecution might have been commenced. Caldw. on Arbit. 4, 5. Baker v. Townshend, 1 Moore, 120. Per Gibbs C.J. S. C. p. 124. 7 Taunt. 422. S.C.
But it seems that, if an indictment have been already preferred, the express leave of the court must be obtained, to sanction a subsequent reference. Caldw. on Arbit. 5.
A mere question of law may be referred to an arbitrator ; as may the construction which shall be put upon any particular instrument, will, or lease ; nor will the court, under such circumstances, set aside the award, upon a suggestion that the arbitrator has mistaken the law. Caldw. on Arbit. 6.
By stat. 55 G.3. c. 184. the former stamp duties on awards are, 55 G. 3. c. 184. amongst others, repealed; and there is imposed
* s. d. Upon every award a duty of
1 15 0 And where the same, together with any schedule or
other matter put or indorsed thereon, or annexed
. 1 5 0 If it be by deed, it must have the stamp appropriated to deeds.
II. Provisions of stat. 3 & 4 W. 1. c. 42, respecting
3&4 W.4. c.42. By stat. 3 & 4 W.4. c. 42. ģ 39., after reciting that it is expeSubmission to dient to render references to arbitration more effectual, it is arbitration by
enacted, “ That the power and authority of any arbitrator or umrule of court, &c. not to be
pire appointed by or in pursuance of any rule of court, or judge's revocable with- order, or order of nisi prius, in any action now brought or which out leave of shall be hereafter brought, or by or in pursuance of any subthe court. mission to reference containing an agreement that such submission
shall be made a rule of any of his majesty's courts of record, shall not be revocable by any party to such reference without the leare of the court by which such rule or order shall be made, or which shall be mentioned in such submission, or by leave of a judge; and the arbitrator or umpire shall and may and is hereby required to proceed with the reference notwithstanding any such revocation, and to make such award, although the person making such revocation shall not afterwards attend the reference; and that the court, or any judge thereof, may from time to time enlarge the
terın for any such arbitrator making his award.” Power to com- $ 40. “When any reference shall have been made by any such pel the attend- rule or order as aforesaid, or by any submission containing such ance of wit.
agreement as aforesaid, it shall be lawful for the court by which
$ 41. “When in any rule or order of reference, or in any sub- 3& 4W.4. c. 42. mission to arbitration, containing an agreement that the submission shall be made a rule of court, it shall be ordered or agreed that Power for the the witnesses upon such reference shall be examined upon oath, it under a rule of shall be lawful for the arbitrator or umpire, or any one arbitrator, court to admiand he or they are hereby authorized and required, to administer nister an oath. an oath to such witnesses, or to take their affirmation in cases where affirmation is allowed by law instead of oath; and if upon such oath or affirmation any person making the same shall wilfully and corruptly give any false evidence, every person so offending shall be deemed and taken to be guilty of perjury, and shall be prosecuted and punished accordingly."
III. Form of an award, To all to whom these presents shall come, we A. B. of and C. D. of
send greeting: Whereas there are several accounts depending, and divers controversies have arisen, between
yeoman, of the one part, and of
yeoman, of the other part : And whereas, for putting an end to the said differences, they the said
and - by their several bonds or obligations bearing date
last past, are reciprocally become bound each to the other in the penal sum of
-, to stand to, abide, perform, and keep the award, order, and final determination of us the said
so as the said award be made in writing, and
shall deliver or cause to be delivered to the said
&c. And further, we do hereby award and order that the said
shall, on or before ", pay or cause to be paid unto the said the sum of
We do also award and order, &c. And lastly, we do award and order that the said
and payment of the said sum of -, shall, in due form of law, execute each to the other of them, or to the other's use, general releases, sufficient in the law for the releasing by each to the other of them, his heirs, executors, and administrators, of all actions, suits, arrests, quarrels, controversies, and demands whatsoever, touching or concerning the premises aforesaid, or any matter or thing thereunto relating, from the beginning of the world until the
day of (a) If it be without seal, as it may be, “and seals” must be omitted.
last past (viz. the day of the date of the arbitration bonds). In witness whereof we have hereunto set our hands and seals (a) the day of
A. B. Witnesses hereof,
(Criminal Law,) p. 952.
Banks for Savings. (6)
I. Regulations of stat. 9 G. 4. c. 92.
chase of Annuities, by stat. 3 W. 4. c. 14.
I. Regulations of stat. 9 G. 4. c. 92. 9G. 4. c. 92. BY stat. 9 G. 4. c. 92., intituled An act to consolidate and
amend the laws respecting Savings Banks, after reciting that it is expedient to amend the laws relative to savings banks in England and Ireland, and to consolidate the same in one act, and
to make other provisions respecting savings banks; and after reWhat institu- . pealing all the previous acts, it is enacted, “That if any number tions shall be of persons have formed or shall form any society in any part entitled to the
of England or Ireland, for the purpose of establishing and mainbenefits of this taining any institution in the nature of a bank to receive deposits
of money for the benefit of the persons depositing the same, to accumulate the produce of so much thereof as shall not be required by the depositors, their executors or administrators, at compound interest, and to return the whole or any part of such deposit and the produce thereof to the depositors, their executors or administrators, (deducting out of such produce so much as shall be required for the necessary expenses attending the management of such institution,) but deriving no benefit whatsoever from any such deposit, or the produce thereof, and shall be desirous of having the benefit of the provisions of this act, such persons shall cause the rules and regulations established or to be established for the management of such institution to be entered, deposited, and filed in manner herein-after directed, and thereupon shall be deemed to be entitled to and shall have the benefit of the pro. visions contained in this act: Provided always, that the privilege of paying money into the banks of England or Ireland, and of receiving receipts for the same, shall be and the same hereby declared to be extended to such institutions as may
(a) See nole (a), p. 279.
(6) See tit. Friendly Societies. A valuable history of Savings Banks has been published by Mr. Tidd Pratt, the barrister at law appointed io certify the rules of Savings Banks and Friendly Societies in England and Wales.
have formed or may hereafter form their rules and regulations 9G. 4. c. 92. according to the provisions of this act; and it shall and may be lawful for the trustees of such institutions respectively to invest any funds already accumulated by such institutions, and which shall not have been invested at the time of the passing of this act, and to receive receipts for the same in manner authorized by this act : Provided nevertheless, that no such institution to be hereafter Banks not to formed shall have or be entitled to the benefits of the provisions be formed unin this act contained, unless the formation of the same shall have less approved been sanctioned and approved of by the justices of the county,
by justices at
sessions and riding, division, or place where such institution is intended to be commissioners held, at the general quarter sessions, and by the commissioners of national for the reduction of the national debt, or, on their behalf, by the debt. comptroller general or assistant comptroller acting under the said commissioners."
$ 3. “ No such institution as aforesaid shall have the benefit of Rules of instithis act, unless the rules and regulations for the management tution to be thereof shall be entered in a book or books to be kept by an officer entered in a of such institution to be appointed for that purpose, and which book, and be book or books shall be open at all seasonable times for the in- spection of despection of the persons making deposits in the funds of such in- positors ; and a stitution, and unless such rules and regulations shall be fairly copy thereof transcribed on parchment, and such transcript deposited with the deposited with
clerk of the clerk of the peace for the county, riding, division, or place wherein such institution shall be established; which transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, and a certificate of the enrolment thereof shall be signed by such clerk of the peace on a duplicate copy, to be provided by and returned to such institution, on payment of a fee of 10s. in respect thereof, provided the same be returned to such institution as aforesaid within the space of ten days then next following, and not otherwise ; but nevertheless, nothing herein Not to prevent contained shall extend to prevent any alteration in or amendment alterations. of any such rules or regulations, so entered and deposited and filed as aforesaid, or repealing or annulling the same or any of them, in the whole or in part, or making any new rules or regulations for the management of such institution, in such manner as by the rules and regulations of such institution shall from time to time be provided, but such new rules or regu- Alterations to lations, or such alterations in or amendments of former rules or be entered and regulations, or any order annulling or repealing any former rule deposited in
like manner. or regulation, in the whole or in part, shall not be in force until the same respectively shall be entered in such book or books as aforesaid, and a transcript or transcripts thereof deposited with such clerk of the peace as aforesaid, who shall file and certify the same as aforesaid, on payment of a fee of 5s."
$ 4. “Before a transcript of the rules and regulations, or alter. Rules and reations in or amendments of former rules or regulations, for the gulations before management of any institution requiring the benefit of this act, clerk of the shall be deposited with the clerk of the peace for the county, peace, to be riding, division, or place wherein such institution shall be esta- submitted to a blished, pursuant to the directions of this act, such transcript barrister. shall be submitted by the trustees or managers for the time being of each respective institution, and at the expense of the said institution, to a barrister at law to be appointed by the commissioners for the reduction of the national debt, for the purpose of ascer.