parties is to pay the other, there can be no obligation to seek for evidence; and, especially,

12302. Outgoing Tenants.-When questions of adjustments of account arise between outgoing tenants, incoming tenants, and landlords respectively, the decision of arbitrators must usually be independent of testimony; thus,

12303. Emblements.-A common case of arbitration, independent of testimony, is where the outgoing tenant of a farm elects to make over all growing crops to the incoming tenant in lieu of taking his emblements (4630); on the other hand,

EXCLUSIVE EVIDENCE.

12304. Growing Crops.-In valuing growing crops, evidence of how they were sowed or planted, the quality of the seed, and the dressing the land has received, may be of more importance than the most minute examination; and

12305. Independently of Judgment.-Whether an arbitrator be expressly skilled or not, he may elect to proceed exclusively upon evidence in preference to his own independent judgment; for instance,

12306. Building Repairs.—It has been decided that in a case of arbitration upon the value of building repairs, though one of the parties requests or demands that the arbitrator shall view the work, he is not bound to do so.

INFORMAL EVIDENCE.

12307. Remarks and Suggestions.—Though the manner of taking evidence is so much in the discretion of arbitrators (12229), they should avoid taking any remark or suggestion except during a formal hearing; for,

12308. Private Conversations. As a general rule, a private conversation with one of the parties in the absence of the other party will suffice to upset an award.

12309. Private Intercourse.-It is the duty of every arbitrator to abstain, as a general rule, from all private intercourse with the parties or either of them, lest anything they may say may be inter preted into the acceptance of informal evidence; for

12310. Fatal Irregularity.—It has been decided that, though there may be no imputation upon the character or motives of the arbitrator, the irregularity of his conduct may be fatal to the validity of the award; for,

12311. Fatal Bias.-If it can be shown that by any possibility the arbitrator's mind may have been biassed in favour of one party or against the other, the objection is fatal; but,

12312. Simple Inquiries.—If an arbitration refers to matters of account, and the arbitrator merely asks one of the parties whether he admits or denies the correctness of certain items, it has been decided that such an inquiry, simply followed by a bare negative or affirmative answer, is not an irregularity open to valid objection; and 12313. Explanations.—An arbitrator may, without compromise, ask a party privately to explain certain items of account; but,

12314. Complicated Inquiries.—When inquiries and answers concerning items of account are suffered to drift into a general inquiry into the merits of the case, they are extremely objectionable.

ASSENT OF PARTIES.

12315. Acquiescence.-If either of the parties to an arbitration discovers that irregularity is going on, and he evinces acquiescence, he cannot afterwards plead the irregularity in his favour :

12316. Ignorance of Irregularity.-Merely attending a meeting after an irregularity of proceedings will not, of itself, constitute acquiescence, if the party is at the time in ignorance that irregularity has occurred; but,

12317. Implied Acquiescence-If a party or his counsel knows that irregularity has occurred and makes no protest at the next opportunity, acquiescence will be implied; thus,

12318. Improper Exclusion.-Two joint arbitrators excluded the parties and their attorneys, and examined witnesses privately. Neither party protested at the time nor afterwards until the award was published. Then one of the parties raked up the grievance for the first time, and appealed. It was decided that, though there appeared to be no justification for the conduct of the arbitrators, the lack of protest at the time was fatal to the appeal; and

12319. Improper Examinations.—If a party attends meetings and makes no remark, though knowing that witnesses have been needlessly examined behind his back, it will be presumed, against any subsequent proceedings, that he acquiesced in or condoned the irregularity; but,

12320. Formal Protest.-If one of the parties makes formal protest against an irregularity and nothing is done to rectify the error or to satisfy his scruples, his attendance and acquiescence at subsequent proceedings will not exclude him from the right of pleading that irregularity afterwards; always provided that

12321. Protest no Evidence.-A protest against an alleged irregularity is no evidence that an irregularity has taken place; and, 12322. Irregularity Excused.-If an irregularity takes place, and a protest is duly made, yet, if everything in reason is done to remedy the grievance, it must be taken to be excused, unless it is of a very gross character; for,

12323. Objections Disarmed.—If an arbitrator has been inadvertently betrayed into an irregularity, he may, either with or without notice from either of the parties, by giving the parties full information and going over the same ground again with requisite formalities, effectually disarm subsequent objections.

NOTES OF EVIDENCE.

12324. Obligatory.-It is held that arbitrators are under an obligation to take careful notes of the evidence given before them; and

12325. Copious Memorandums.-For his own sake, as well as for the sakes of the parties, every arbitrator should be careful not to omit copious memorandums of the evidence; and

12326. At Commencement.—It is especially important that an arbitrator should avoid betraying himself into the folly of commencing an inquiry without taking notes, upon the supposition that the case will be short; for,

12327. Deceptive Appearances.-Though it originally appear that a case for arbitration is likely to be short, it may unexpectedly turn out quite the reverse; and,

12328. Unrecorded Evidence.-When an arbitration, after several hearings, for the first time threatens to be long and laborious, it will then be too late to remedy the evil of having neglected to record the earlier evidence, which may prove to be the most important of all.

DURATION OF PROCEEDINGS.

12329. Fixed Date.-When the appointment of an arbitration names a date for the making of the award (12356), it must, as a general rule, be made on or before that date; and

12330. Three Months.-When the appointment of an arbitration omits the mention of any date for the making of the award, the time presumed within which it must be made is three months from the commencement of proceedings; and

12331. From First Hearing.-The commencement of proceedings under an arbitration is upon the day when the first formal hearing actually takes place.

12332. Lunar Month.-It has been decided that if there is no express provision for calendar months in an appointment of arbitration, lunar months must be implied; but

ENLARGEMENT OF TIME.

12333. The time for the continuance of an arbitration may, in certain cases, be extended or "enlarged."

12334. As Provided.--When the appointment of an arbitration expressly provides for the enlargement of time, it may be effectually enlarged in the precise manner provided, but not otherwise.

12335. At Discretion.-In some cases the appointment empowers a sole arbitrator to enlarge at his discretion; or,

12336. Express Power.-Joint arbitrators may be clothed with express power to enlarge the time; though,

12337. Necessary Unanimity.—When the enlargement of time depends upon joint arbitrators, they must be unanimous; and,

12338. Concurrence of Umpire.—If an umpire is provided for in the appointment of an arbitration, he must concur in an enlargement of time in order that it may be effectual.

LACK OF POWER.

12339. Difficulty.—When arbitrators have no express power given to them in their appointment, a difficulty sometimes arises; in that case,

12340. By a Judge.-If the appointment of an arbitration is an order of court, any judge of the same court is empowered to enlarge the time; otherwise,

12341. By Agreement of Parties.-The parties to an arbitration are at liberty, if they can agree, to enlarge the time as they may think fit; but,

12342. No Power.—If the arbitrator has no express power given him by his appointment; and

12343. Refusal of Judge.-If a judge of the court which made the order cannot be induced to enlarge; and

12344. Refusal of Parties.—If the parties refuse to agree to an enlargement, it cannot be effected.

BEFORE EXPIRATION.

12345. By Endorsement.-When an enlargement of time for an arbitration is upon the authority of a judge or of arbitrators, an endorsement upon the original authority is sufficient; but,

12346. Special Document.-If the enlargement is effected by the

parties, it should be by means of a document of equal rank to that of the original appointment (12145); or,

12347. Formal Endorsement.—If the formal enlargement of time for an arbitration by the parties be by endorsement upon the original document, such endorsement must be executed with the like formalities as those adopted for the original.

AFTER EXPIRATION.

12348. By Judge.—Any judge of the court which orders an arbitration, or of any court made a rule of by a private arbitration, is empowered, upon application and satisfactory evidence heard, to enlarge the time, even after the original time has expired; but, 12349. Arbitrators Powerless.-Arbitrators cannot of themselves enlarge their time of authority after the original period has expired; on the contrary,

12350. Agreement of Parties.-The parties to an arbitration, if they agree to that effect, may enlarge the time when and how they think fit; and,

12351. Implied Enlargement.-If both the parties, purposely or inadvertently, attend a meeting after the original time of an arbitration has expired, and they make no mention of the lapse of the original time, an enlargement with their consent will be implied.

EFFECT OF LAPSE.

12352. End of Authority.-If an arbitrator suffers a complete lapse of the original period of his authority, and he cannot procure the order of a judge (12348), or the consent (12350) or assent (12351) of the parties to its continuance, his authority ceases: 12353. Lost Time.-All his time is lost; and

12354. Invalid Award.-Any award he may make afterwards will have no force; and,

12355. Lapse of Enlargement.-If an enlargement is duly effected for a definite period, and the enlarged time expires, without a reenlargement, the like state of things ensues as when the original time is allowed to expire without enlargement; notwithstanding,

THE AWARD.

12356. Within Term.-It may be presumed that in the majority of cases arbitrations lead to awards within the term of the arbitrator's authority; therefore,

12357. Validity. It is most important to consider the various points affecting the validity of awards.