may award to be erected or exted, shl be erected or exted under the supervision or diron of such surveyor as they or he shl appt in that behalf, & to determine in what mner the fees of such surveyor shl, as betn the sd pties, be borne & pd.

take

opinion of

VII. THE sd arbitrors or umpire shl be at liberty to take Power to the opinion of counsel upon any question arisg in the sd referce, & to state a case for such ppose, & the expse thof counsel. shl as betn the sd pties be borne & pd as the sd arbitrors or umpire shl direct.

state case

VIII. THE sd arbitrors or umpire may state any special Power to case, facts, or circes, previous to makg their or his award, for opinion or in the award, or in any septe paper or writg accompanying of Court the award, so that the opinion or judgmt of the Divon of the High Ct of Justice may be had or taken thron.

(c).

direct

IX. THE sd arbitrors or umpire shl have power to award Power to & direct that the sd pties hto or any one or more of them or execution their respive hrs, exs, ads, or assns, shl exte & do such reles, of deeds. convces, assurces, & things as the sd arbitrors or umpire shl think fit, & such reles, convces, assurces, & things shl be exted & done accdly.

direct

X. THE sd arbitrors or umpire shl be at liberty to direct Power to judgmt to be entd for the pltff or deft in the sd action, or to entry of direct all further pcdgs in the sd action to be discontinued judgment. or stayed, or to direct the sd action to be dismissed with or witht costs, or to direct such pcdgs to be taken in or with respt to the sd action as to the sd arbitrors or umpire shl seem fit.

power to

shall be done.

XI. THE sd arbitrors or umpire shl have full power in all General respts to award & direct what shl be done by the sd pties direct what resply in relon to the mres in diffce. XII. THE sd arbitrors or umpire may from time to time Power to make one or more septe or interim award or awards as to any of the mres in diffce, wch septe or interim award or awards awards (d). shl be observed & pformed witht waitg for any other award

(c) See the Arbitration Act, 1889, s. 7.

make

separate

(d) The condition that only one award shall be made is implied in all One award cases, unless the contrary is expressed or implied in the submission: Gould to be made. v. Staffordshire, &c., Co., 5 Ex. 214, 223.

K.E.-VOL. I.

M

Power of arbitrators to proceed ex parte (a).

Provision

for appointment of new arbi

or awards, or the final award of & concerng the mres in diffce, & notwg that such other mres in diffce shl not be determined, & may make their or his award or awards witht any limiton as to time.

XIII. THE sd arbitrors or umpire shl be at liberty, in case of the non-attendce of eir of the sd pties or of their witses after clear days' previous notice in writg under the hand of the sd arbitrors or umpire, given to the sd pties resply or their respive solors or agents, or left at or sent by post to their respive offices or places of business, notifying the time & place of meetg, to pceed ex parte with the sd referce.

XIV. IN case the sd K., one arbitror, shl die, or neglect, or refuse, or become incapable to act as arbitror bfe an award shl have been made as to all the mres refd as afsd, then the trators (b). sd A., his [hrs] exs, ads, or assns, shl forthwith nominate in writg some other pson to be arbitror in the place of the sd K., & so in like mner upon the dece, or neglect, or refusal to act, or incapacity, of any arbitror from time to time succeedg to the place of the sd K. AND the sd B., his [hrs] exs, ads, or assns, shl in any of the like events nominate in writg an arbitror in the place of the sd L., or of any arbitror succeedg to his place, & every arbitror so apptd shl have the same powers & authorities as the arbitror in whose place he shl have been appted.

Award not to be set

aside (c).

:

XV. AND no award or decision of the sd arbitrors or umpire shl be set aside or attempted so to be by reason or on acet of any technical or legal defect therein, or any informality, omission, delay, or error of law or fact or of pcdg in or about the same or in relon thto, or on any other ground, or for any pretce, suggestion, chge, or allegon of fraud, collusion, or confederacy.

(a) See Wood v. Leake, 12 Ves. 412.

(b) This clause is probably superfluous.

(c) A clause in this form (in a building contract) was upheld in Tullis v. Jacson, [1892] 3 Ch. 441.

VII.

REVOCATION of SUBMISSION to ARBITRATION (d).

TO ALL TO WHOM, &c., A., of, &c., sends greetg. Recite provon in articles of agrmt betn A. & the

Co to refer

tion.

disputes betn A. & the Co to B. & C., or one of them: NOW RevocaTHESE PSNTS WITS that the sd A. doth hby revoke & make void the sd agrmt for a referce of any disputes or diffces to the award of the sd B. & C., or one or eir of them, by or in the sd articles of agrmt contd, & also all & every authorities & authority wch under or by virtue of the sd articles of agrmt wd or might have orwise been vested in the sd B. & C. or one or eir of them or any other pson or psons whomsr, to determine or decide any disputes or diffces whatsr betn him, the sd A., & the sd Co: AND THE sd A. doth hby declare that Declaration he, the sd A., will not be a pty to or be concluded by any shall not be award wch the sd B. & C., or eir of them or any other pson or binding. psons whomsr, shl make or attempt to make of or concerng such disputes, diffces, or mres, or any of them in anywise howsr. IN WITS, &c.

that award

I hby appt you arbitror to act on my behalf in respt of certn disputes & diffces wch have arisen betn me & under the provons of an indre dated, &c.; AND I hby inform you that by a notice in writg, bearing even date hwith, I have called upon the sd to nominate & appt an arbitror to act on his behalf in respt of the bfe mentd disputes & diffces existg betn us. AS WITS my hand this day of

(d) In cases coming within the Arbitration Act, 1889, the submission would now be irrevocable; see s. 1, ante, p. 150. See another form of revocation, together with a notice thereof to the arbitrator, in Fraser v. Ehrensperger, 12 Q. B. D. 311.

IX.

NOTICE to go to ARBITRATION, and of APPOINTMENT
of an ARBITRATOR (a).

To Mr.

of

TAKE NOTICE that disputes & diffces havg arisen betn us concerng certn mres under the provons of an indre, &c., I desire to have the same settled by arbitron, accordg to the provon in the sd indre in that behalf contd: AND further, that I have apptd Mr. to be the arbitror on my behalf: AND further, that I call upon you, within seven days from the service of this notice on you, to name an arbitror to act on your behalf in the mre of the sd disputes & diffces: AND further, that if you shl neglect to name an arbitror to act on your behalf within such seven days, then the afsd disputes & diffces betn us will, accdg to the provon in the sd indre in that behalf contd, stand refd to the sd alone. As WITS, &c.

X.

NOTICE to CONCUR in the Appointment of a SOLE
Arbitrator (b).

In the mre of an arbitron betn A. & B.

TAKE notice that you are hby required to concur with me the undersigned in the appmt of a sole arbitror to act in the above mentd mre for the pposes of the submission to arbitron made by certn articles of agrmt, dated, &c. & made, &c., psuant to & in accordce with clause of such agrmt.

AS WITS, &c.

(a) See the Arbitration Act, 1889, s. 6.

(b) See the Arbitration Act, 1889, s. 5, ante, p. 151; Re Eyre, [1892] 1 Q. B. 136.

XI.

AGREEMENT for reference to a SOLE ARBITRATOR to
settle the amount to be paid by a SCHOOL BOARD for
PURCHASE-MONEY, &c., under the LANDS CLAUSES
CONSOLIDATION ACT, 1845 (c).

AGRMT made, &c., betn A. & B. (hinafter called the vendors), of the one pt, & The School Board for (hinafter called the Board), of the other pt. Recite vendors' title subjt to leases: AND WHAS by virtue of the Elementary Educon Acts, Recitals. 1870 & 1873, & of the public Acts incorpd thwith, the Board That and is required. require to pchase & take of the vendors the sd land & premes coloured on the sd plan as the same are parlarly descd in the schdle hto: AND WHAS the vendors have agrd with the IntroducBoard to sell the sd lands & premes to the Board, & to refer cital. the question of the amt to be pd by the Board to the vendors in respt thof to the sole arbitron of X., of, &c., an able practical surveyor: NOW THESE PSNTS WITS that, in Witness. psuance of the powers & provons contd in the sd Elementary Educon Acts & the Acts incorpd thwith as afsd, & of any other power enablg them resply in that behalf, & in psuance of the

tory re

ment of

sd agrmt, the vendors & the Board do resply hby nominate & Appointappt the sd X. to be the sole arbitror accdg to the provons of arbitrator. the sd Acts, to settle & determine by his award the amt of the pchase-moy & compenson to be pd by the Board for the pchase of the freehd free from incumbces of the sd pce of land & premes so required as afsd, subjt only to the leases hinbfe mentd, & to any derivative leases or tenancies, & for the damage (if any) to be sustained by the vendors by reason of the severg of the sd lands & premes from the other lands & premes of the vendors, or in any other mner whatsr by reason. of the exercise of the powers of the sd Acts in respt of the premes. As WITs the hands of the sd pties.

Schdle. [Peels.]

(c) See, as to the purchase of land by a School Board, the Elementary Purchase Education Act, 1870, ss. 19, 20 (which incorporates the Lands Clauses Con- of land for solidation Act); and see the Elementary Education Act, 1873, s. 15. As to school, &c. the purchase of land by the managers of a public elementary school, see the Elementary Education Act, 1870, s. 21.