12358. Within Time.—It is essential that every award should be made within the time originally provided, or within the time specified (if any) in the enlargement (12333).

12359. Previous Evening.-It has been decided that if the award is to be made ready to be delivered before a day named, it will suffice if it is executed before nine on the previous evening.

12360. Unstamped Certificate.-When an arbitrator is acting under the instructions of court, his award may be in the form of what is called a certificate, which needs no stamp ; but,

12361. Document Equal to Appointment.—When an award is made under the provisions of a private arbitration, it should be made in the form of a document of equal rank to that of the original appointment; and

12362. Stamps.—An award of an arbitrator is liable to a stamp duty at the rate of 3d. for every £5 of the amount or value awarded, up to a duty of £1 155., which is the maximum for any amount of award.

MANNER.

12363. Lawyers' Awards.-When an award is drawn by a lawyer, he usually contrives to repeat therein the whole, or nearly the whole, of the original appointment, so as to make as much to charge for as possible; but

12364. Recitation Needless.-There is no necessity for reciting the original appointment, nor any extract from it; for

12365. Intelligible Statement.—Any intelligible statement is perfectly binding as an award; for instance,

12366. Dilapidations.-"I have surveyed and estimated the several works necessary to be done in repairing the dilapidations to a house, and find the same amount to £55 5s.," was appealed against, and decided to be a sufficiently formal award; and

12367. Breach of Contract.—"I am of opinion that A is entitled to claim of B £134 for non-performance of his contract" was sanctioned on appeal; but,

ESSENTIALS.

12368. Important Points.-There are certain very important points which must not be forgotten in making an award, however simple the words may be; thus,

12369. Entire.-An award must be entire in itself.

12370. Different Documents.-If it be made in more than one document, both documents are void, unless the arbitration is on wo confessedly distinct subjects,

12371. Consistent.-It must be distinctly in accordance with the subject-matter of the arbitration.

12372. Extraneous Matter.—If it deals with extraneous matter, or rambles into reflections upon other subjects, it is void.

CONDITIONAL AWARDS.

12373. Necessary Distinctness.-If the award is conditional, the condition must be very distinctly stated as such; for,

12374. Fatal Qualifications.—If no condition is distinctly expressed, and the words are in the least degree open to qualification, the award is void; thus,

12375. Inoperative Words.-"To meet the circumstances of the case in a liberal manner, I propose that B should pay A £10,” was declared invalid; for,

12376. Proposals Inadmissible.—To "propose" is not to decide, which it is the arbitrator's business to do; and

12377. Liberal Mistakes.—An arbitrator has no right to decide in a "liberal" manner against either party.

ESSENTIAL CERTAINTY.

12378. An award, to be binding, must be certain; for instance, 12379. Self-Nullification.—To decide that a bond must be given without mentioning the amount is a fatal uncertainty, which will nullify not only the letter, but the spirit of the award.

12380. Mutual Satisfaction.—It is held, with apparent inconsis tency, that an award must be a mutual satisfaction to both parties. a condition apparently impossible; but the meaning of the rule is that

12381. Utmost Advantage.-One of the parties must be awarded all he is entitled to get; and

12382. Utmost Disadvantage.-The other must pay or suffer all he can ever be called upon to pay or suffer; for

12383. Final.—Every award of arbitration, to be valid, must be final.

12384. Holding Over.—Anything held over to be done after the award is fulfilled vitiates the award altogether.

PUBLICATION.

12385. Every award must be published, or served upon the parties in accordance with the appointment; thus,

12386. On Application.-If the appointment provides that the ward shall be made ready for delivery by a certain day, there

must be a copy ready by that time for each and every party who applies (12359); and

12387. Delay in Stamping.—In a case where it was admitted on all hands that the award was ready on application, all but stamping, the delay in the stamping was held to vitiate the award (12969).

12388. Delivery.-If the appointment provides that the award shall be delivered by a certain day, it must be delivered by that day, whether applied for or not.

UPSETTING OF THE AWARD.

12389. Grounds.—An award may be upset or set aside on any of the grounds previously set forth; and also,

12390. Hidden Reason.-Though an award may, on the face of it, fulfil all the conditions of a valid award, it may for some hidden reason be liable to be set aside; thus,

12391. Irregularity.—An award may be set aside by reason of irregularity of proceedings not acquiesced in by the appealing party; or,

12392. Fraud or Misconduct.-By any fraud or misconduct proved against the arbitrator (12444-6); or,

12393. Mistake of Fact.-By proving that the arbitrator has made a mistake as to fact; or,

12394. Misconception.-By showing that the arbitrator has acted under a misconception of some essential point of law; or,

12395. Bias. By evidence that the arbitrator has been unduly biassed; though,

12396. Horse-Racing Case.—In a horse-racing case, the proved fact that one of the arbitrators had backed the horse arbitrated upon was not considered fatal to the award.

PROCEEDINGS FOR UPSETTING.

12397. Application for Time.-When an award goes against a party to an arbitration, and he thinks he has good ground for objection, and proceedings are taken to enforce the award, he may, by proceedings before a judge of any of the courts recognized in the appointment (12143), stay proceedings so as to give him time to appeal.

12398. Time for Appealing.-Appeals against an award may be made any time until the last day of the next term after the award is published; but,

12399. Lapse of Time.--If the term next after the publication

of the award is suffered to elapse without making an appeal, it can never afterwards be made at the motion of the party interested.

ENFORCEMENT OF AWARDS.

12400. Subsequent Action.—When an award is made under a private arbitration which has not been made a rule of court, there is no means of enforcing it but by a subsequent action, the award being produced as evidence; but

12401. Confirmatory Evidence.—A private award, if not made a rule of court, is, of itself, worthless, unless it can be sustained by confirmatory evidence; though

12402. Leaning in Favour.-There is no doubt that when a private award needs to be taken into court, the leaning of the court will always be in favour of the award as against the defendant, unless he can produce very strong evidence against it.

ORDER OR RULE OF COURT.

12403. Seven Days.—When an award is made under an arbitration by order of court, or which has been made a rule of court, proceedings to enforce it may be taken any time after the award has been published seven days; and

12404. Exhibition of Award.-All that the plaintiff need do is to exhibit and prove the award, independently of the evidence which led to it; for

12405. Reopening Impossible.—The court will not reopen the

case:

12406. New Evidence Inadmissible.-New evidence on the merits of the case will not be taken :

12407. Only Defence.-The only defence which the court will entertain is an objection to the award itself on any of the grounds upon which an award can be vitiated (12389) or upset; and,

12408. Immediate Process.—If there is no good case made out against the validity of the award, the court will issue immediate process to enforce the performance of the award; and,

12409. Peremptory Execution.—If the award is for the payment of a sum of money, peremptory execution may be obtained against the property of the defendant; and

12410. Including Costs.-Process against the defendant will include the costs of the arbitration and proceedings, and the incidental

expenses,

H

1

EXPENSES.

TEES OF ARBITRATORS.

12411. The most conspicuous expenses in the process of arbi tration are the fees to arbitrators.

12412. Fatal Silence.—If an arbitrator accepts office and nothing is said about his remuneration, he cannot recover the subsequent charges which he may think it right to make; for,

12413. Option of Payment.-When there is no express understanding for the remuneration of an arbitrator, and he has already published his award, his remuneration rests entirely with the option of the party or parties; hence,

12414. Condition for Payment.—It is considered only reasonable for an arbitrator to make it a condition that if he accepts office he is to be paid; and

12415. Recovery of Fees.-A distinct stipulation for payment, either verbal or written, duly witnessed, is sufficient to entitle the arbitrator to an action for the recovery of his fees, though the amount be not mentioned or hinted at; but,

12416. In Advance.-If the arbitrator is a barrister, his fee must be paid or provided for in advance.

LIEN

12417. Whether there is a stipulation for remuneration or not arbitrators have a lien (5511) on their awards; so that,

12418. Subject to Fees.-If an arbitrator gives notice that the award is ready for publication as soon as his fees are paid, any condition in the appointment requiring the making of the award by a particular date is thereby fulfilled and satisfied; though,

12419. Disclosure.—He is not bound to disclose, and he ought not to disclose, the nature of the award; and

12420. Satisfaction Essential.—He cannot be compelled to take any further action until his demand is satisfied.

EXORBITANT FEES.

12421. Taxation.-When the claim for remuneration on the part of an arbitrator is exorbitant, the party aggrieved may submit the amount to a taxing-master; and

12422. Prevalent Opinion.-There is an opinion current that an