X. RELEASE AND REDEMPTION. Release and Redemption.]-Money not paid -Fraud of agent-Double agency-Incidence of loss. Vandaleur v. Blagrave, lxiii. 180.

Wife's annuity-Annuity secured by deed of trust-Release by husband-Mistake. Hore v. Becher, lvi. 95.

Parol agreement-Death of annuitant -Evidence. Haynes v. Hare, ii. 810.

Express trust-Stale demand-Statute of Limitations-Receivership deed-Laches Constructive notice-Right of annuitant to be redeemed by subsequent incumbrancer-Offer by plaintiff to redeem-Champerty-Purchase by solicitor. Knight v. Bowyer, cxix. 184.

Charge on real estate-Power of repurchase-Securities for loans-Tenant for life -Liability to keep down interest only. Bulwer v. Astley, lxv. 416.

Redemption of rent-charge-Assignment of policy of insurance effected by Law v. Warren, grantee on grantor's life. Ixvii. 179.

Redemption-Right to policy of insurance effected on grantor's life as security for annuity granted. Gottlieb v. Cranch, cii. 197.

Redemption-Delivery up of securities-Policy of insurance on life of grantor. Courtenay v. Wright, cxxviii. 139.

XI. SALE OF ANNUITY.

Debt

Sale of Annuity.]-Consideration-AgentDeduction of part of purchase-moneydue from grantor-Grantee without notice that money retained by agent-Annuity set aside. Gorton v. Champneys, Coventry v. Champneys, xxv. 627.

Setting aside security-Failure of consideration Recovery of purchase-money Statute of Limitations. Huggins v. Coates, lxiv. 540.

Doubt as to power of redemptionDescription in particulars of sale-Statutory power of grantors. Coverley v. Burrell, xxiv. 350.

Covenant to teach-Refusal of apprentice to be taught - Condition precedent Pleading. Rayment v. Minton, exliii. 661.

Premium, recovery of-Void indenture. Stokes v. Twitchen, xx. 527.

Sunday work-Apprentice cannot be lawfully required to attend his master's shop on Sundays for the purpose of shaving customers. Phillips v. Innes, xlii. 19.

Termination of service-Apprenticeship for five years Covenant by father for due service of apprentice-Avoidance of indenture by leaving service-Avoidance against father also. Guppy v. Jennings, iii. 585.

Right to discharge at twenty-one Apprentice of seventeen bound for seven years. Ex parte Davis, ii. 690.

Avoidance of indenture on attaining majority-Liability of father on covenant for definite term of service. Cuming v. Hill, xxii. 305.

Articled clerk-Dismissal-Justification-Misconduct-Conspiracy to entice away clients. Mercer v. Whall, lxiv. 544.

I. SUBMISSION TO ARBITRATION. Submission to Arbitration.]-Authority to refer-Reference-Motion to rescind order for reference Denial of solicitor's authority to refer. Filmer v. Delber, xii. 688.

Arbitration clause in deed Ouster of jurisdiction of Court-[Arbitration Act, 1889, s. 4]. Earl of Mexborough v. Bower, lxiv. 34. Injunction Proceedings restrained pending result of action impeaching agreement to refer. Mylne v. Dickinson, xiv. 243. Authority to refer - Appearance for railway company-Authority to refer not under seal-Order of Court-Consent of solicitor for company. Faviell v. Eastern Counties Rail. Co., lxxvi. 615.

Solicitor on record has authority to consent to reference on behalf of his client. Smith v. Troup, lxxviii. 824.

Submission, execution of Award, action on-Proof of execution of submission. Ferrer v. Oven, xxxi. 239.

Parties Objection as to parties Objection not made until after award. Jones v. Powell, xlix. 728.

Reference abortive-Neglect of plaintiff's solicitor to deliver order of referenceSecond trial-Irregular attempt to try cause again-Waiver. Hall v. Rouse, li. 449.

Submission to Arbitration.]-Verdict in action-Point of law reserved-Reference as to damages Withdrawal of arbitrator from reference-Refusal of party to concur in appointment of another arbitrator-Judgment and execution against party refusing to concur. Woolley v. Kelly, xxv. 312.

Order of reference-Validity-Consent of parties-Power of attorney-Authority to take proceedings in another's name. Hancock v. Reid, xci. 855.

Agreement to refer-Covenant not to sue-Submission to be made a rule of CourtArbitrators named-Suit in equity with view of withdrawing case from arbitrators, whether sustainable. Dimsdale v. Robertson, Ixix. 239.

Agreement to refer differences to arbitration Breach of contract What is a difference Cause of action. Livingston v. Ralli, ciii. 406.

66

Reference agreeing that arbitrator I shall or may award a certain matter with a proviso Imperative direction. Crump v. Adney, xxxviii. 617.

Reference agreeing to be bound by award" of the said two arbitrators and their umpire "-Award by two arbitrators onlyTwo issues found for plaintiff and one for defendant-Direction as to costs-Validity. Hetherington v. Robinson, li. 737.

Agreement to refer subject-matter of action-Release of other matters in disputeConsideration-Estoppel. Williams v. London Commercial Exchange Co., cii. 715.

Agreement to refer by bankrupt before bankruptcy-Assignees not bound-Stay of proceedings Common Law Procedure Act. 1854, s. 11. Pennell v. Walker, cvii. 444. Agreement to refer-Unlawful agreement-Repair of highway-Indictment-Submission made a rule of Court-Costs. Blakemore, lxxx. 297.

R. v.

Reference of criminal matters Assaults-Defendant already indicted and convicted of one assault-Award of costs of indictment and previous and subsequent proceedings. Baker v. Townsend, xviii. 521.

Poor rate-Reference of questions concerning assessment to poor rate. Thorp v. Cole, xli. 733.

66

Reference in compliance with clause in articles of partnership-Award to be made rule of Court Award' whether mistake for submission - Power of Judge to order attendance of witnesses-Revocation of submission where no misconduct. In re Woodcroft, lxi. 820.

Damages-Reference, amendment of order of Verdict for damages subject to reference of all matters in dispute-Application to increase damages-Discretion of arbitrator as to damages. Pearse v. Cameron, xiv. 545.

Power of Judge to remit matters referred to reconsideration of arbitrator under C. L. P. Act Application to reference authorised by submission containing clause that it may be made rule of Court and not expressly excluding power to remit. Morris's Arbitration, cvi. 636.

In re

ARBITRATION-continued.

Submission to Arbitration.]-Order of reference-Rule nisi to rescind order to refer-Cause referred by order of Court-Refusal by party to Chancery suit (who was not party to action arising out of it) to become party to referenceHeld no ground for allowing another party to reference to rescind order. Wilson v. Morrell, c. 567.

Submission agreeing that award should not be impeached except for fraud or collusion-Illegality on face of award

Estoppel. In re Mackay, xli. 456.

Submission by trustee does not impose on him personal liability. Davies v. Ridge, vi. 817.

Court will not make submission rule of Court where part of matter referred subject of indictment. Watson v. M'Cullum, v. 433. Order of reference Third party interested in subject-matter - Submission order-Estoppel-Summary jurisdiction. Williams v. Lewis, cx. 896.

to

Submission bond-Condition as to time -Whether imperative or directory. Stephens v. Lowe, xxxv. 512.

Partnership Joint and several bond by partners for performance of awardRecovery of sum awarded-Action to set aside award. Winter v. White, xxi. 636.

Reference to Master Matters of account-Question of fraud-Duty of referee. Insull v. Moojen, cxi. 688.

Agreement to refer all matters in difference- -Application to stay action subsequently brought. Mason v. Haddan, cxx. 256.

Reference by consent-Amendment of declaration-Order not reserving power to arbitrator to amend - Revocation of submission. Smurthwaite v. Richardson, cxxxvii. 604.

Power to revoke submission to arbitration before award made Revocable and irrevocable parts of agreement to refer. Mills v. Bayley, cxxxiii. 579.

Reference of matter involving point of law-Parties bound by decision of arbitrator in precisely same way as if matter referred had been question of fact. Doe d. Stimpson V. Emmerson, cxlix. 767.

Railway company Cost of altering gauge-Statutory provision for settling differences-Railway Commissioners-Jurisdiction of Court to set aside award. Newry and Enniskillen Rail. Co. v. Ulster Rail. Co., cxiv. 213.

Reference Charterparty-Agreement to refer future differences - Action against surety for freight-Cross-claim for breach of warranty-Charterer only entitled to sue on subject-matter of cross-claim. Daunt Lazard, cxiv. 1055.

V.

Submission to Arbitration.] Friendly society-Dispute-Reference to arbitrationRules of society. See FRIENDLY SOCIETY.

II. ARBITRATOR.

(a) Appointment.

Appointment of Arbitrator.]-Appointment of arbitrator-Notice-Condition precedentAppointment not complete until notified to other party. Tew v. Harris, lxxv. 270.

Appointment of arbitrators, validity of.

In re Haddan, cxxvii. 843.

Appointment of arbitrator-Agreement to appoint arbitrator held not to imply undertaking that arbitrator appointed shall act in arbitration. Cooper v. Shuttleworth, cv. 346.

-Appointment of third arbitrator by lotAgreement to decide by lot anterior to choice of possible persons. Young v. Miller, xxvii. 387.

Third arbitrator chosen by other two by lot-Action to set aside award. Neale v. Ledger, xiv. 283.

Death of arbitrator before award-Objection to substituted arbitrator. Harper v. Abrahams, xxi. 732.

Agreement to refer-Specific performance-Matters of account-Death of arbitrator Refusal to concur in naming new arbitrator. Cheslyn v. Dalby, xlvii. 384.

Fitness of arbitrator-Bias-Arbitrator indebted to one party-Proceedings to set aside award. Morgan v. Morgan, xxxvi. 825. Friendly society-Rules-Appointment of arbitrator Award Estoppel. See FRIENDLY SOCIETY.

Authority of Arbitrator.]—Powers of arbitrator Extent of matters referred Crossdemands between parties-Costs. Malcolm v. Fullarton, i. 567.

Procedure of arbitrators-Objection to, when it must be notified. Hewlett v. Laycock, xxxi. 695.

Arbitrator General discretion as to conduct of inquiry-Award not set aside on ground that arbitrator declined to permit attendance of stranger to assist defendant's solicitor. Tillam v. Copp, lxxv. 720.

Order of reference Arbitrator at liberty to raise any point of law for the opinion of the Court - Discretion - Clause enabling merely, and not compulsory. Wood v. Hotham, lii. 876.

Award-Power to state special caseLetter of arbitrator after award. In re London Dock Co., cxxxix. 722.

A rule to set aside the certificate of an arbitrator ought to specify the objection to it. Whatley v. Morland, xxxix. 790.

ARBITRATION-continued.

Authority.]-Delegation of authority-Reference to three arbitrators or any two of themDelegation of authority by two to third arbitrator. Little v. Newton, lviii. 436.

Portion of account in dispute remitted to third party for adjustment-Report of third party to be binding on arbitratorImproper delegation of authority. Sharp v. Nowell, lxxvii. 316.

Delegation of authority-Difference as to accounts-Award that party pay creditor's bills and execute indemnity bond, and that both parties give releases Delegation of authority to settle releases-Motion to set aside award-Void part of award separable. Goddard v. Mansfield, lxxxvii. 522.

Dispute as to depth of weir— Direction that such marks be placed in adjoining land as B. may direct "-Void part of award not separable. lxxxvii. 528.

Johnson v. Latham,

Excess of authority - Delegation of power of arbitrator-Award that work be performed to satisfaction of third party. Tomlin v. Mayor of Fordwich, xliv. 382.

Time for making award - Power of arbitrator to proceed ex parte-Non-attendance

of party- Reasonable excuse- Costs arising from delay. Gladwin v. Chilcote, lxi. 825. Arbitrator to award within five months-Exclusion of day of appointment. In re Higham, lxi. 808.

Authority of arbitrator, objection toWaiver Attendance before arbitrator under protest. Davies v. Price, cxlvi. 741.

(ii.) By Bankruptcy.

Revocation by Bankruptcy.]-Bankruptcy of party before award-Revocation of submission -Validity of award. Andrews v. Palmer, xxiii. 267.

Bankruptcy does not revoke submission. Hemsworth v. Brian, lxviii. 689.

Verdict subject to reference Award of gross sum - No apportionment of sum between award in cause and in respect of other matters in difference. Taylor v. Shuttleworth, liv. 784.

Submission by order of Court Sum of money placed in hands of arbitrator by one party to abide event-Bankruptcy of party depositing money Submission, whether revoked by bankruptcy-Right of assignees to demand stakes from arbitrator-Costs where no damages awarded. Taylor v. Marling, lviii. 370.

(iii.) By Death.

Revocation by Death.]-Death of party before award-Determination of authority. Cooper v. Johnson, xx.; 483; s. p. Rhodes v. Haigh, xxvi. 376; Potts v. Ward, xv. 680.

Award against estate - Promise by executor to pay sum awarded-Provision in reference Authority to refer-Infant plaintiffs -Want of mutuality. Dowse v. Coxe, xxviii. 565.

Award without executor of deceased party being made party to proceedings Refusal to set aside award. In re Hare, liv.

Award made after revocation of submission by plaintiff - Injunction. Pope v. Lord Duncannon, xlvii. 202.

Arbitrator appointed by order of Court -Power of parties to revoke authority. Aston v. George, xxii. 803.

Revocation of submission-Stat. 3 & 4 Will. 4. c. 42, s. 39 (see now 52 & 53 Vict. c. 49, ss. 1, 14), which takes away the power of revoking a submission to arbitration, does not extend to a reference agreed to on the trial of an indictment. Rex v. Bardell, xliv. 520.

Death of party after execution, but before notice that award was ready, effect ofPublication-Award published when executed in presence of witnesses. Brooke v. Mitchell,

lv. 699.

Clause in submission to prevent revocation by death-Refusal of executor to attend proceedings-Court has no jurisdiction to compel arbitrator to proceed with reference. Lewin v. Holbrook, lxiii. 526.

-

Award of right of way-Provision in submission-Liability of surety. M'Dougal v. Robertson, xxix. 592.

Award-Authority of arbitrator-Revocation Reference providing for delivery of award to parties or their executors. Clarke v. Crofts, xxix. 527.

Award against trustees of infant tenant for life-Death of infant before award. Bristow v. Binns, xxvi. 607.

Equity suits pending-Infant parties -Death of party to suit-Revocation of arbitrator's authority. Wrightson v. Bywater,

xlix. 570.