to sue the party with whom he has contracted for any damages which he may have sustained by reason of a breach of contract by the latter."

3. The right of the agent to sue in his own name exists when, by the usage of trade, or the general course of business, he is authorized to act as owner, or as a principal contracting party, although his character as agent is known.*

4. Where the agent has made a contract in the subject-matter of which he has a special interest or property, he may enforce his contract by action, whether he held himself out at the time to be acting in his own behalf or not: for example, an auctioneer who sells the goods of another may maintain an action for the price, although the sale be on the premises of the owner of the goods, because the auctioneer has a possession coupled with an interest."

But this right of an agent to bring an action in his own name is subordinate to the rights of the principal, who may, unless in particular cases where the agent has a lien or some other vested right, bring a suit himself, and suspend or extinguish the right of the agent."

An agent may maintain an action against third persons for injuries affecting the possession of his principal's property; and when he has been induced by the fraud of a third person to sell or buy goods for his principal, and he has sustained a personal loss, he may maintain an action against such third person for such wrongful act, deceit, or fraud.b But his remedy for mere torts is confined to cases like the foregoing, where his right of possession is injuriously invaded, or where he incurs a personal responsibility, or loss, or damage in consequence of the tort.

SIGNATURE BY AN AGENT. If A. signs "A. for B.," this is the signature of A., and he is the contracting party, although he makes the contract at the instance and for the benefit of B. But if he signs "B. by A.," then it is the contract of B., made by him through his instrument A. In the first case A. is the principal; in the second, B. is the principal, and A. his agent. But with whatever technical inaccuracy the signature is made, it may be determined in each instance from the facts and the evidence, that a party is an agent or a principal, in accordance with the intention of the parties to the contract, if the words are sufficient to bear the construction. But it is still requisite that the name of the principal appear as such in the signature of a deed. Parol evidence may always be admitted to charge an unnamed

w-Russell Fact. & B. 243, 244; 2 B. & Ald. 962. XStory Ag. 393. y-1 Liverm. Ag. 215-219: Story Ag. 2 393; 27 Ala. (N. Š.) 215. Z-2 Esp. 493; 1 H. Bl. 81, 84, 85. a-1 Liverm. Ag. 221; Story Ag. 403; 3 Hill (N. Y.) 72, 73: 6 S. & R. 27; 4 Campb. 194. b-Paley Ag. 363; Story Ag. 22 414, 415; 9 B. & C. 208; 3 Campb. 320; 1 H. B1.81; 1 B. & Ald. 50. e-Story Ag. 329, 331; 1 C. & P. 384; 4 Id. 289: 7 Bingh, 99: 16 Ohio, 412. d-5 Wheat. 326, 337; 11 Mass. 197: 6 Cush. 54; 7 Id. 217; 2 East. 154; 3Blackf. 55; 6 B. Mon. 612; 12 Ired. L. 95; 1 Busb. L. 422; 8 Texas, 98; 12 Id. 75; 21 Conn 627; 33 Me. 106; 3 Flor. 262; 9 Barb. 528; 4 Comst. 208; 32 E. L. & E. 127; 1 Duer. 89. e-Bac. Abr. Leases 1. 14:5 Pet. 319, 350; 9 M. & W. 79. f-12 Q. B. 310, 8 M. & W. 834; 11 A. & E. 594; 9 M. & W. 79; 11 Mass. 97; Id.

principal; but not to discharge the actual signer.

SUB-AGENTS. An agent can do for his principal only that which his principal authorizes, and if the principal appoint an agent to act for him as his representative in any particular business, this agent has not thereby a right to make another person the representative of his principal. A mere agent cannot generally appoint a sub-agent, so as to render the latter responsible to the principal, but may when such is the usage of trade, or is understood by the parties to be the mode in which the particular business may be done. The principal may, if he chooses, give this very power to his agent. A substitute of an agent who has no power to employ him, cannot be held as the agent of the original principal; but is only the agent of the agent. who employs him, and who is accordingly his principal, and the person so employed is bound only to his immediate employer, and can look only to him for compensation. But a substitute, appointed by an agent who has this power of substitution, becomes the agent of the original principal, and may bind him by his acts, and is responsible to him as his agent, and may look to him for compensation. If the agent has either express or implied authority to appoint a sub-agent he will not, ordinarily, be responsible for the acts or omissions of the substitute, and this is especially true of public officers; but the subagent will himself be directly responsible to the principal for his own negligence or misconduct. The agent of an agent is generally accountable only to his own principal, and not to the principal of the party for whom he acts; that is, only his immediate employer can call him to account."

Where sub-agents are employed without the knowledge or consent of the principal, their remedy is against their immediate employer only, with regard to whom they will have the same rights, obligations, and duties as if the agent were the sole principal. But where subagents are ordinarily or necessarily employed in the business of the agency, the sub-agent can maintain his claim for compensation both against the principal and the immediate employers, unless the agency be avowed, and exclusive credit be given to the principal, in which case his remedy will be limited to the principal.

A sub-agent will be clothed with a lien against the principal for services performed and 27; 16 Pick. 350; 9 N. H. 263: 7 Wend. 68; 10 Id. 87: 6 Whart. 79; 10 B. Mon. 347: Paine C. C. 252; 8 Met. 348; 1 Cal. 481; 10 B. & C. 671; 2 Cranch. 419; 7 Cush. 371; 5 Sanf. 101. g-Story Ag. 13: 9 Co. 75; 3 Mer. 237: 2 Maule & S. 298, 301; 1 Y. & J. Exch. 387; 4 Mass. 597: 12 Id. 241; 1 Hill, 501; 13 B. Mon. 400; 12 N. H. 226; 2 Story C. C. 411. h-9 Ves. Ch. 234: Maule & S. 484; 2 Id. 301; 6 S. & R. 386; 1 Ala. (N. S.) 249; 3 Johus. 167. i-Bunb, 166; 1 Vent. 338-339; 1 Freem. 476. j-6 Q. B 930: 11 Id. 248. K-33 Me. 341. 1-2 Bos. & P. 438; 2 Maule & S. 301; 1 Wash. C. C. 479; & Cow. 198. m-Story Ag. 201, 217 a; 2 Gall. C. C. 565; 8 Cow. 198. n-3 B. & Ald. 354: 5 Taunt. 447: Mad. & G. 360. 0-1 Liverm. Ag. 64-66; Story Ag. 386, 387; Paley Ag. 49; 6 Taunt. 147.

disbursements made by him on account of the sub-agency, whenever a privity exists between them." He will acquire a lien against the principal if the latter ratifies his acts, or seeks to avail himself of the proceeds of the subagency, though employed by the agent without the knowledge or consent of the principal. He may avail himself of his general lien against the principal by way of substitution to the rights of his immediate employer, to the extent of the lien of the latter.P And there are cases in which a sub-agent, who has no knowledge or reason to believe that his immediate employer is acting as an agent for another, will have a lien on the property for his general balance.

Arbitrators are private extraordinary judges, to whose decision matters in controversy are referred by consent of the parties. REFEREE is used as a synonym of arbitrator, but is in its origin of broader signification, and less accurate than arbitrator.

Appointment. Usually a single arbitrator is agreed upon, or the parties each appoint one, with a stipulation that, if they do not agree, another person, called an UMPIRE, named or to be selected by the arbitrators, shall be called in, to whom he matter is to be referred. The jurisdiction of the umpire and arbitrators cannot be concurrent; if the arbitrators make an award it is binding; if not, the award of the umpire is binding. If the umpire sign the award of the arbitrators, it is still their award, and vice versa. Arbitrators may appoint an umpire after their term of service has expired, if the time has not gone within which the umpire was to make his award." Subsequent dissension of the parties without just cause will have no effect upon the appointment; but they should have notice. If an umpire refuse to act, another may be appointed as often as the thing shall happen." In general, any objection to the appointment of an arbitrator or umpire will be waived by attending him. Any per

n-2 Liverm. Ag. 87-98; Paley Ag. 148, 149; Story Ag. 2388; 2 Campb. 218, 597; 2 East. 523; 6 Wend. 175. O-Story Ag. 389; 2 Campb. 218, 597, 598; 4 Id. 348, 353 p-Story Ag. 389; 1 East. 335; 2 Id. 523, 529: 7 Id. 7; 6 Taunt. 147. q-2 Liverm. Ag. 87-92; Paley Ag 148, 149; Story Ag. 390; 4 Campb. 6, 349; 353- r-Caldw. Arb. 99; 2 Vern. 485; 16 East. 51: 9 arn. & C. 624; 3 Barn, & Ald. 248; 5 Barn. & Ad. 488; 7 Scott, 841; 9 Ad. & E. 699: 6 Harr. & J. 403; 17 Johns. 405; 1 Barb. 325; 2 M'Cord, 279; 4 Rand. 275; 15 Vt. 548; 2 Bibb. 88; 4 Dall. 471; 9 Ind. 150. S-T. Jones, 167. 1-6 Harr. & J. 403. u-2 Johns. 57. V-11 East. 367; 12 Met. (Mass.) 293; 1 Harr. & J. 362, n. w-See 2 Saund. 1133, a. note. X-2 Eng. L. & Eq. 284 9 Ad. E. 679; 8 East. 344; 1 Jac. & W. 511; 1 R. & M. 17: 3 Ind. 277; 9 Penn. St. 254, 487; 10 B. Mon. 536. y-Watson Abr. 71; Russel Abr. 107: Viner. Abr. Arb. A. 2; 8 Dowl. 879; 1 Pet. 288; 7 W. & S. 142; 26 Miss. 127, contra Com. Dig. Abatement B. C. West. Symb. Compr. p. 164, 223, 26; Brooke Abr. 10 Ad. & E. 775: 10 Q B. 7. Z-9 Bingh. 672; 2 Vern. 251; 1 Dowl. 611; 5 Id. 247; 4 Mod. 226; 1 Jag. & W. 511; 1 Cai. 147; 1 Bibb. 148; Hardin. 318; 14 Conn. 26: 26 Miss. 127; 27 Me. 251; 2 E. D. Smith, 32. a-2 Atk. Ch. 401; Cro. Eliz. 726; 9 Dowl. Parl. Cas. 1944; 6 C. B. 258; 4 Dall. 71: 7 S. & R. 228; 1 Wash. C. C. 448. b-g Mo. 30. C-21 Ga. I d-Story Eq Jur. ? 1457: Kvd. Aw.; 2 Ed. 100. e-3 Atk. 644; 7 S. & R. 448 5 Md. 253; 19 Mo. 373- f-8 East. 12: 4 rs. 47: 2 Mann. & G. 847, 870; 3 Q. B. 466, 928; but see 1 B.

son selected may be an arbitrator, notwith standing natural incapacity, or legal disability, as infancy, coverture, or lunacy, or disqualification on account of interest, provided it be known to the parties at the time of making the submission."

Duties and powers. Arbitrators cannot delegate their authority; it is a personal trust. The power ceases with the publication of the award; and death after publication and before delivery does not vitiate it. They cannot be compelled to make an award, or disclose the grounds of their judgment. An arbitrator may retain the award till paid for his services, but cannot maintain an action for them without a promise, which may be implied from circum

stances.

Proceedings. Arbitrators proceed on the reference as judges, not as agents of the parties appointing them. They should give notice of the time and place of proceeding to the parties interested. They should all conduct the investigation together, and should sign the award in each other's presence; but a majority is sufficient. In investigating matters in dispute, they are allowed the greatest latitude. They are Judges both of law and fact, and are not bound by the rules of practice adopted by courts.1 They may decide in justice and honesty, and need not follow the law; the award will be set aside only when it appears that they meant to be governed by the law but have mistaken it.m

Revocation of powers of arbitrators may occur at the pleasure of either party at any time before final award." It is not competent for the parties to deprive themselves of this power by any form of contract. But when the submission releases the original cause of action, and the adversary revokes, the party so releasing may recover the amount so released by way of damages caused by the revocation.P Where the submission is made a rule of court it becomes practically irrevocable, since such an act & P. 93; Contra 1 Denio, 188; 29 N. H. 48. g-1 Ves. Ch. 226; 9 Id. 69. h-3 Atk. 529; 8 Md. 208; 6 Harr. & J. 403; 3 Gill, 31; 7 Id. 488; 24 Miss. 346; 23 Wend. 628; 6 Cow. 103; 12 Met. (Mass.) 293; 1 Dall. 81, 4 Id. 432; 1 Conn. 498; 17 Id. 309; 2 N. H. 97; 6 Vt. 666; 3 Rand. 2; Hardin, 46; 32 Me. 455, 513. 1-4 Me. 468. j- Wash. C. C. 448; 11 Johns. 402; 3 R. I. 192; 30 Penn. St. 384; 2 Dutch, 175; 9 Ind. 150; 7 Id. 669; 14 B. Mon. 292; 21 Ga. 1. K-13 East. 251; 9 Bingh. 679: 1 Bos. & P. 91; 7 Beav. Rolls, 455; 14 M. & W. 264; 5 C. B. 211, 581; 6 Cow. 103; 1 Hill, 319; 1 Sandf. 681; 1 Dall. 161; 6 Pick. 148; 10 Vt. 79; 2 Bay. 370; 1 Bail. 46; but see 1 Halst. 386; 1 Wasli. 193; 4 Cush, 111; 7 Hill, 463; 3 Johns. Cas. 224; 1 Binn. 458. 1-3 Atk. Ch. 486; 1 Ves. Ch. 369; 1 Price, 81; 11 Id. 57; 13 Ld. 5331 1 Swanst. 28; 1 Taunt. 52, n.; 6 Id. 255; 13 East 358; 9 Bingh. 681; 2 Barn. & Ald. 692; 3 Id 239; 4 Ad. & E. 347; 7 Id. 601; 1 Dowl. & L. 465; 1 Dowl. & R. 366; 17 How. 344: 2 Gall. C. C. 61; 7 Met. (Mass.) 316, 486; 36 Me. 19, 108; 2 Johns. Ch. 276, 368; 3 Duer, 69; 1 E. D. Smith, 85, 265; 5 Md. 353; 19 Penn. St. 431; 21 Vt. 99, 250; 25 Conn. 66; 16 II. 34, 99: 12 Gratt. 554 7 Ind. 49; 2 Cal. 64, 122; 23 Miss. 272; thus, the witnesses were not sworn; Hill & D. 110; 28 Vt. 776. m-9 Ves. 364; 14 Id. 271; 3 East. 18; 13 Id. 351: 4 Tyr. 997; 2 C. B 705; 3 Id. 705: 2 Gal. C. C. 61; 1 Dall. 487; 6 Pick. 148; 6 Met. (Mass.) 131; 7 Id. 486; 6 Vt. 529; 21 Id. 250; 4 N. H. 357; 1 Hall, 598; see 19 Mo. 373. n-20 Vt. 198. 0-8 Co. 80; 16 Johas. 205. p-13 Vt. 97.

would be regarded a contempt of court and punishable by attachment. This is the only mode of making a submission irrevocable. A submission by rule of court is made irrevocable by the express provisions of the statutes of most of the States, and the referee is required, after due notice, to hear the case ex parte where either party fails to appear. See GENERAL STATUTES.

The form of the revocation is not important if it be in conformity with the submission; or if, when it is not, it be acquiesced in by the other party. The revocation should, in genral, be of as high a grade of contract as the submission. Where the submission is in writing the revocation ought to be in writing; and however the form of revocation is expressed it must be distinct and intelligible."

A party may revoke the submission by any act which renders it impracticable for the arbitrators to proceed.

Where the arbitrators decline to act it will operate as a revocation of the submission."

Bankruptcy of a party does not operate to revoke a submission to arbitration, though it may justify the other in revoking.

The death of either party, or of an arbitrator, or of one of them, will operate as a revocation of the submission. It is competent to make provision in the submission for the completion of the award notwithstanding the death of one of the parties, by proceedings in the name of the personal representative. Where the submission is by rule of court, and the cause of action survives, this provision is not necessary, it may be revived and prosecuted in the name of the personal representative.a

The power of the arbitrator is determined and destroyed by the occurrence of any fact which incapacitates the party from proceeding with the hearing.

Insanity in either party, or in an arbitrator, will determine and destroy the authority to proceed.

The marriage of a single woman is a revocation of the arbitrators' power.b So, also, if she is joined with another in the submission her marriage is a revocation as to both. The exceptions to this rule are purely statutory.

The bringing of a suit upon the same cause of action embraced in the submission, at any time before the award, is an implied revocation.d

125.

q-12 Mass. 47: 1 Com. 498; 3 Halst. 116; 4 Me. 459; Bingh. 42; 5 Penn. St. 497; 3 Ired. 333; see also 19 Ohio St. 245; 5 Paige Ch. 575; 11 Id 529 r-7 Vt. 237. S-Caldw. Arb. 79; 8 Co. 82; Brownl. 62; 8 Johns. t-18 Vt. 91; see 7 Vt 237, 240; 15 N. H. 468; and 8 Ired. 74; 26 Me. 251. U-I Cow. 325. V-1 Salk. 73: 7 Mod 8; Story Ag. 2474. w-Caldw. Arb. 90; I Marsh. 366: 17 Ves. Ch. 241; 4 Monr. 3; 3 Swanst Ch. 90; 1 B. & C. 66. x-Caldw. Arb. 89. y-9 B. & C. 659; but see a Chitty Bailm. 43: 1 C. B. 131. Z-3 B. & C. 144 Bingh. 20; 4 Id 143, 435: 6 Bingh. N. C. 158; 8 M. & W. 873. a-15 Mass. 79: 3 Halst. 116: 3 Gill, 190; 2 Gill & J. 475. b-2 Keble, 865; 11 Vt. 575. e-W. Jones, 338; Rolle Abr. Authority. d-6 Dana, 107: Caldw. Arb. (Smith's Ed. 1860), 80 Am. notes. e-Caldw. Arb. 77, 78; 1 Brownl. 62 Ralle Abr. Authority (H.); 12 Wend. 578; but see Russel Arb. 147: Chitty Bailm. 542. f-Caldw. Arb. 80; 5 B. & Ald. 507; 8 Co. Ro. g-1 Rolle Abr. Authority (I. 4.); 11 Vt.

When one party to a submission consists of several persons one cannot revoke without the concurrence of the others, though his death would operate as a revocation on the part of the party of which he was one, but if the cause of action survived, his personal representative might be substituted in his stead.

Where the revocation is by the express act of a party it will be effectual when notice reaches the arbitrator. But in case of death, insanity, or marriage, either of these events of themselves terminates the power of the arbitrator at once, and all acts done by him thereafte: are absolutely void.s

Submission is the agreement, oral or written, by which parties agree to submit their differences to the decision of a referee or arbitrators. It is sometimes termed a reference.h

Any matter may be determined by arbitration, which the parties may adjust by agree ment, or which may be the subject of a suit at law. Crimes, however, and, perhaps, acticra on penal statutes by common informers, can. not be made the subject of arbitration and coinposition by arbitration.1 Disputes respecting rent, or tithes, charges of slander, breaches of contract, matters of account, trespass to person or property, etc., etc., may be submitted to arbitration. Parties may by parol submit any matters in controversy between them, to arbitration; and this is the common law of the land.k And, notwithstanding the statutes, parties may submit to arbitration as at common law.! When a statute provides a new, and does not abrogate the old mode, and parties may adopt either mode at their own election, but they cannot pursue both at the same time.' Any one capable of making a disposition of his property, or release of his right, or capable of suing or being sued, may make a binding submission to arbitration; but one under civil or natural incapacity cannot be bound by his submission. In general, in cases of incapacity of the real owner of the property, as well as in many cases of agency, the person who has the legal control of the property may make the submission; including a husband for his wife;" a parent or guardian for an infant; but not a guardian ad litem; P a trustee for his cestui que trust; an attorney for his client; an 525; 5 East. 266. h-Enclyc. Am. Arb. Kyd. Arb. 11; Caldw. Arb. 16: 17 Ves. Ch. 419; 6 Bingh. 506; 3 M. & W. 816; 6 Watts, 359; 16 Vt. 663; 4 N. Y. 157; 2 Barb. Ch. 430. i-Caldw. Arb. 12; Com. Dig. Arb. (D. 3, 4): 5 Wend. 111; 2 Cow. 638; 3 Caines, 320; y Johns. 38; 13 S. & R. 319; 2 Rawle, 341; 7 Com. 345; 4 N. H. 177; 16 Miss. 298; 16 Vt. 450; 10 Gill & J. 192; 5 Munf. 10; 4 Dallas, 120. j-7 Kas. 349. k-Id. P. 350. 1-3 Wis. 249; 1 Chand. 219. m-Watson Arb. 65: Russell Arb. 20; 2 P. Wms. 45-50; 9 Ves. Ch. 350; 1 Dowl. & L. 145; 8 Me. 316; 11 Id. 326; 2 N. H. 484; 8 Vt. 472; 16 Mass. 396; 5 Conn. 367; 1 Barb. 584; 14 Johns. 302; 5 Wend. 20: 5 Hill, 419; 2 Rob. 761; 6 Munf. 458; Paine C. C. 646; 1 Wheat. 304: 5 How. 83. n-Str. 351; 5 Ves. 846. o-Latch. 207; March, 111, 141; Freem. Ch. 62, 139; 1 Wils. 28: 11 Me. 326; 12 Conn. 376; 3 Caines, 253. p-9 Humph. (Tenn.) 129. 4-3 Esp. 101; 2 Chitt. Bail. 40; 1 Lutw. 571. r- Wils. 28, 58; 1 Salk. 70; 1 L. Raym, 246; 12 Mod. 129; Dy. 217, b; 12 Ala. 252; 9 Penn. St. 101; 19 Id. 418; 23 Id. 393: 1 Park. Cr. Cas. 387; 2 Hill, 271; 4 Monr. 375; 1 Cranch. 476; but see 6 Weekly R. 10.

u

agent duly authorized for his principal; an executor or administrator at his own peril, but not thereby necessarily admitting assets: assignees under bankruptcy and insolvency laws under statutory restrictions, the right being limited in all cases to that which the person acting can control and legally dispose of, but not including a partner for a partnership.w

The submission which defines and limits, as well as confers and imposes the duty of the arbitrater, must be followed by him in his conduct of the award: but a fair and liberal construction is allowed in its interpretation. If general, it submits both law and fact. If limited, the arbitrator cannot exceed his authority.

The award is the judgment or decision of arbitrators, or referees, or umpires, on the matter submitted to them. The writing containing such judgment." A court has no power to alter or amend an award.

Enforcement. An award may be enforced by an action at law, which is the only remedy for disobedience when the submission is not made a rule of court, and no statute provides a special mode of enforcement.

Form. The award should, in general, follow the terms of the submission, which frequently provides the time and manner of making and publishing the award. It may be oral or written, or by deed. It should be signed by all the arbitrators in the presence of each other. An award will be sustained by a liberal construction, that it may be supported sooner than be lost.e

Effect. An award is a final and conclusive judgment between the parties on all the t4 Taunt. 378, 386; 8 Barn. & C. 16; 5 Id. 141; 8 Vt. 472: 1 Mass. 479: 5 Green (N. J.) 38; 29 N. H. 405; 8 N. Y. 160. u-2 Str. 1144; 5 T. R. 6; 7 Id. 453: 5 Mass. 15 20 Pick. 584; 6 Leigh. 62; 5 Monr. 240; 6 Conn. 621; see 5 Bing. 200; 1 Barb. 419; 3 Harr. N. J. 442. V-6 Mass. 78; 6 Munf. 453: 4 Monr. 240; 21 Miss. 133. W-3 Bing. 101; Holt, 143; 1 Cr. M. & R. 681; I Pet. 221; 19 Johns. 137; 2 N. H.; 5 Gill & J. 412; 12 S. & R. 43; Coll. Part. 439, 470; 3 Kent Comm. 49. X-1 Wms. Saund.; 95 Cro. Car. 226; 11 Ark. 477: 3 Penn. St. 114; 13 Johns. 187. y-7 Ind. 49. Z-11 Cush. 37. a-Cowel, Jenk. Cent. Cas. 137; Billings Aw. 119 Watson Arb. 174; Russel Arb. 234; 3 Bouv. Inst. n. 2402, et seq. b-1 Dutch. 130: 5 Cal. 179; 12 N. Y. 9; 41 Me. 355. e-6 Ves. 815; 17 Id. 232; 19 Id. 431; 1 Swanst. 40; 2 Chitt. 316; 5 East. 266; 5 Barn. & Ald. 507: 4 Barn, & C. 103; 1 Dowl. & R. 106; 3 C. B. 475. d-3 Bulstr. 311; 20 Vt. 189. e-2 N. H. 126; Pick. 534; 4 Wis. 181; 8 Md. 208; 8 Ind. 310; 17 Ill. 477; 29 Penn. St. 251; Reed. Aw. 170. f-3 Bl. Comm. 16; 1 Freem. Ch. 410; 4 Ohio, 310; 5 Cow. 383; 15 S. & R. 166; 1 Cam. & N. 93. -37 Me. 72; 15 Wend. 99; 27 Vt. 241; 16 Ill. 34; 5 Ind. 220; 1 Ala. 278; 6 Litt 264: 2 Coxe, 369; 7 Cranch. 171; h-2 L. Raym. 115; 3 East. 15: 6 Pick. 148: 4 Dall. 120; 16 Vt. 450, 592; 15 Johns. 197: 5 Wend. 268; 2 Cai. 320; 4 Rawle, 411, 430; 7 Watts. 311; 11 Conn. 240; 18 Me. 251; 28 Ala. (N. S.) 475. i-Watson Arb. 256; 12 N. Y. 9:41 Me. 355. j-23 Barb. 187; 28 Vt. 81, 776; contra 9 Cush. 560 k-Lutw. 530: Str. 903; 1 Ch. Cas. 186; Rep. temp. Finch. 141; 24 Eng. L. & Eq. 346; 8 Barb. 361; 5 Barn. & Ad. 295; 13 Johns, 27, 268; 13 Id. 1333 17 Vt. 9; 3 N. H. 82; 13 Mass. 396; 11 Id. 447; 22 Pick. 144: 11 Cush. 37; 18 Me. 251: 40 Id. 194; 25 Conn. 71; 3 Harring. (Del.) 22; 1 Binn. 109: 5 Penn. St. 274; 12 Gill & J. 156, 456; Litt. Sel. Cas. 83; 13 Miss. 172: 25 Ala. 351: 7 Cranch. 599; see 7 Sim. 1; 2 Q. B. 256; 11 Johns. 61; 1 Call. 500; 7 Penn. St. 134. 1 Burr. 275; 5 Ad. & E. 147; 2 Sim. & S. 130; 2 Vern. 514; 2 Bulstr. 260; 3 S. & R. 340; 1 Id. 395: 9 Johns. 43; 13 Id. 187; 22 Wend. 125; 23 Barb. 187; 3 Sandf

matters referred by the submission. It transfers property as much as the verdict of a jury, and will prevent the operation of the statute of limitations. A verbal or written award following a verbal or written submission will have the same effect as an agreement of the same form directly between the parties. The right of real property cannot thus pass by mere award; but no doubt an arbitrator may award a conveyance or release of land, and require deeds, and it will be a breach of the agreement and arbitration bond to refuse compliance; and courts will sometimes enforce this specifically.

Arbitrament and award may be pleaded to an action concerning the same subject-matter, and will bar the action. To an action on the award nothing can be pleaded against the award; not even fraud.

To be conclusive, the award should be consonant with, and follow the submission, and affect only the parties to the submission; otherwise, it is an assumption of power, and not binding. It must be final and certain,' conclusively adjudicating all the matters submitted, and stating the decision in such language as to leave no doubt of the arbitrator's intention, or the nature and extent of the duties imposed by it on the parties." It must be possible to be performed, and must not direct anything to be done which is contrary to law." It must be without palpable or apparent mistake.P An award may be in part good, and in part void; in which case it will be enforced so far as valid, if the good part is separable from the bad.a

405; 7 Met. (Mass.) 316; 4 Cush. 17, 396; 1 Gray, 418; 13 Vt. 53; 40 Me. 194; 2 Green. N. J. 333; 2 Halst. 90; 1 Dutch. 281; 2 Id. 175; 3 Harr. & J. 383; 2 Harr. & G. 67; 6 Md. 135; 4 Md. Ch. 199; 1 Gilm, (Va.) 92; 2 Patt. & H. 442: 3 Ohio, 266; 5 Blackf. 128; 4 Id. 489; 1 Ired. 466; Busb. 173; 3 Cal 431; 1 Ark. 206; 4 Ill. 428; 2 Fla. 157; 13 Miss. 712: Charlat, 289; 2 M'Cord, 279; 5 Wheat. 394; 11 Id. 446; 12 Id. 337; and see 4 Conn, 50; 6 Johns. 39; 6 Mass. 46. m-6 Md. 135; 1 McMull. 305; 2 Cal. 209. n-2 Cal. 299, and cases above; an award reserving the determination of future disputes, 6 Md. 135; or directing a bond without naming a penalty, 5 Co. 77; Roll. Abr Arb. 2, 4; or that one shall give security for the performance of some act or payment of money, without specifying a kind of security, are invalid, Vin. Abr. Arb. 212; Bac. Abr. Arb. E. 11, and cases above. 0-1 Ch. Cas. 87: 5 Taunt. 454; 12 Mod. 585; 2 Barn. & Ald. 528; Kirb. 253; 1 Dall. 364; 4 Id. 298; 4 Gill & J. 298; it will be void if it direct a party to pay a sum of money at a day past, or direct him to commit a trespass, felony, or an act which would subject him to an action; 2 Chitt. 594; 1 M. & W. 572; or if it be of things nugatory and offering no advantage to either of the parties, 6 J. B. Moore, 713. p-2 Gall. C. C. 61; 3 B. & P. 371; 1 Dall. 487: 6 Met. (Mass) 131; for if the arbitrator acknowledges that he made a mistake, or if an error (in computation for instance) is apparent on the face of the award, it will not be good, 4 Zab. 647; 2 Stockt. 45; 2 Dutch. 130; 32 N. H. 289; 11 Cush. 549; 18 Barb. 344; 2 Johns. Ch. 399; 27 Vt. 241; 8 Md. 208: 4 Call. 345; 5 Id. 430; for although an arbitrator may decide contrary to law, yet if the award attempts to follow the law, but fails to do so from the mistake of the arbitrator, it will be void, 3 Md. 353; 15 Ill. 421; 26 Vt. 416, 630; 4 N. H. 647: 17 How. 344. q-10 Mod. 204; 12 Id 587; Cro. Jac. 664; 2 Leon, 304; 3 Lev. 413; Godb, 164; 8 Taunt. 697; 1 Wend. 326; 5 Cow. 197: 13 Johns. 264; 2 Cai. 235 1 Me. 300; 11 Cush. 37: 6 Green (N. J.) 247: 1 Dutch. 281; 1 Rand. 449: Hen. & M. 67; Hardin, 318; 5 Dana. 492; 26 Vt. 345: 2 Swanst. 213; 2 Cal. 74; 4 Ind. 248; 6 Harr. & J. 10; 5 Wheat. 394.

Setting aside. An award will not be It disturbed except for very cogent reasons. will be set aside for misconduct, corruption, or irregularity of the arbitrator, which has, or may have, injured one of the parties. For error in fact, or in attempting to follow the law, apparent on the face of the award; for uncertainty or inconsistency; for an exceeding his authority by the arbitrator; when it is not final and conclusive, without reserve; when a party or wit ness has been at fault, or has made a mistake; or when the arbitrator acknowledges that he has made a mistake or error in his decision.

ARBITRATION FORMS.

For additional forms see PLEADINGS. Arbitration–Submission Agreement. A General Form-Of all matters in difference, etc. Where the parties intend to refer all disputes, the terms of the reference should be," of all matters in difference between the parties;" but where the reference relates to matter in a particular cause only it should be, "of all matters of difference in the cause.”

Know all men by these presents:

That we, the undersigned, do hereby mutually agree to submit all the matters in difference between us, of every name, kind, and nature, to the determination and award of A. R., (oi arbitrator, [or A. R., B. I., and T. R. (all of as arbitrators].

), as

That said arbitrator (or arbitrators, or any two of said arbitrators) shall hear and determine the same [insert if desirable, and award the payment of the costs (and expenses) incurred in such arbitration). That said arbitrator shall make his (or their) award in writing, on or before the day of A. D.

Witnesses.]

(Signed)

A. B. C. D. Arbitration-Submission Agreement. General Form-Of all matters in variance. Know all men by these presents:

That divers disputes and controversies have arisen and are now depending between A. B., of and C. D., of, touching and concerning (state what).

That, for the deciding and ending the same, it is hereby mutually agreed, by and between said parties, that all matters in variance between them, touching and concerning all and every matter and thing above mentioned and specified, shall be referred to the arbitrament and determination of A. R., B. I., and T. R., or any two of them.

That said award shall be made on or before the day of, and a copy thereof delivered to either or both of said parties desiring the same. Witnesses.j (Signed)

A. B. C. D. Arbitration-Submission Agreement. General Form-Of all suits, controversies, etc. Know all men by these presents:

That we, the undersigned, A. B. (of,) and C. D., (of,) do hereby mutually agree to and with each other, to submit all and all manner of actions, cause and causes of actions, suits, controversies, claims and demands whatsoever, now pending, existing or held by and between us, to A. R., (of) as arbitrator, who shall [or to A. R., B. I., and T. R., (all of, who, or any two of whom, shall] arbitrate, award, order, judge, and determine of and concerning the same [insert if desired, with power to award the payment of the costs (and of the expenses) incurred in such arbitration. I

That we do mutually agree to and with each other, that the award to be made by the said arbitrator (or arbitrators, or any two of said arbitrators) shall in all things by us, and each of us (and our respective heirs, executors, administrators, and assigns), be well and faithfully kept and performed.

That such award shall be made in writing, under the hand of said arbiter (or arbiters, or any two of said

r-2 Eng. L. & Eq. 184; 5 Barn. & Ad. 488; 1 Hill & D. 103; 13 Gratt. 535; 14 Tex. 56; 28 Penn. St. 514;

Arbitration-Submission Agreement. General Form-Of all matters, differences, etc. Know all men by these presents:

That differences have for a long time existed, and are now existing and pending, between A. B., of, and C. D., of, in relation to divers subjects of controversy and dispute.

That we, the said A. B. and C. D., do hereby submit said differences to the arbitrament of A. R. B. I., and T. R., or any two of them, to arbitrate award, order, judge and determine of and con cerning all manner of actions, suits, bills, bonds, specialties, executions, quarrels, controversies trespasses, damages, debts, claims, demands, and all and every other subject of difference whatsoever, at any time heretofore had, possessed, instituted, sued out, prosecuted, made, began, pending, existing, done, or suffered to be done, committed, or pending, by and between said parties, directly or indirectly.

That said award shall be made in writing, under the hands of said arbitrators, or any two of them, ready to be delivered to said parties, or such of them as shall desire the same, on or before the day of

That said award shall, in all things, by us, and each of us, be well and faithfully kept, observed and performed.

Witness our hands (and seals) this

W. T., N. S., Witnesses.

day of

A. B. (Seal.)
C. D. (Seal.)

Arbitration—Submission Agreement. General Form, by Administrators, Corporations, etc. Know all men by these presents:

That A. D. and M. R. are administrators of the estate of D. D., deceased.

That the R. C. is a railway corporation create 1 and existing under the act of the legislature (o General Assembly) of the State of

That (here insert the matters or thing in contro versy).

That said administrators and said corporation, by A. A., its agent, hereunto lawfully authorized, do by these presents nominate and appoint A. R., B. I., and T. R. arbitrators between them, and to whom they refer the consideration of said differences, to hear and determine the same, etc. (as in other cases).

That said A. B. and C. D. do hereby mutually agree to and with each other to submit all and all manner of actions, cause and causes of action, suits, controversies, claims and demands whatsoever, now pending, existing, or held by and between them to (A. R., of as arbitrator, who

shall, or to A. R., B. I., and T. R., all of ——, as arbitrators), who (or any two of them) shall arbitrate, award, determine, judge, and order of and concerning the same.

That said arbitrators shall have power to award payment of the costs and expenses in curred in said arbitration.

That said award shall be made in writing, under the hands of said arbitrators, ready to be delivered to us, or either of us, on or before the→→→→ day of

That in case said arbitrators do not make their award on or before said day, then the matters and things above submitted shall be, and are by these presents submitted to the decision of such third person as shall be then, or shall theretofore have been appointed (in writing and indorsed hereon) by said arbitrators to act and arbitrate of and concerning said premises, and make his award

29 Vt. 72. S-22 Pick. 417; 4 Den. 191. t-3 T. R 628; Chitty Bl. 17, n.

2