INDEX.

ACCOUNT,

Debt on arrears of, cannot be referred alone, 51.
Whether together or with other things, 54.
Action of, may be referred, 52.

ACQUIESCENCE-See TIME.

ADMINISTRATOR-See EXECUTOR.

AFFIDAVIT OF SUBMISSION,

Witness to submission may be compelled to make,
23, 24.

What is necessary to ground the application,

24.

To ground an attachment, 313, 314, 317.

AGENT See ATTORNEY.

AGREEMENT,

To refer, no bar to an Action, 14.

nor to bill of discovery, 19, 20.

AGREEMENT,

To make submission a rule of court, not necessary to be
inserted in the condition of the bond, 25.

nor to be signed, 25.

not rigidly construed, 25.

To make the award a rule of court, not sufficient to found
an application to make submission a rule of

court, 25, 314.

ARBITRIUM BONI VIRI, 73, 74, 230.

ARBITRATORS,

Description of, 6.

Who may be, 70, 72.

Two kinds of, 73.

Not the agents of the parties, 75.

Their authority does not cease by nominating an umpire
before the expiration of their own time, 83-

87.

See UMPIRE.

Proceedings by, 96, 350.

may be adjourned, 96.

Must make their award within the time limited, other-
wise void, 96.

Where not limited as to time, may make an award at
any time unless submission revoked, 96.

Cannot be compelled to make an award, 100.

May proceed ex parte, on due notice to the parties,
100, 101.

In what cases they must all join, or not, 106.
Whether bound to give to the parties notice of the
award, 107-115.

How far they may make their award by parts, 118–121.
Cannot reserve an authority to themselves, 121–123.
See RESERVATION.

Cannot delegate their authority, 125-127, 128.
See DELEGATION.

ARBITRATORS,

Their power over costs, 134, 135, 398.

See COSTS.

Their power on reference by order of Nisi Prius, 149.
How far bound to follow the rules of law, 185, 351.
May be witnesses to prove what is laid before them,
138, 180.

Cannot be compelled in equity to discover the grounds
of their award, 332.

Have a greater latitude of discretion than judges either
at law or in equity, 356, 357.

Are examined in Pennsylvania, to disclose the grounds
of their award, 333.

How their power is limited in Pennsylvania, 380 a. et

seq.

How chosen in that state, 34 d.

Whether the court will instruct them upon points of
law, 380 m.

ASSIGNEES-See BANKRUPT.

ASSIGNMENT-See BREACH.

ASSUMPSIT,

Action of, on the award, 276, 277.

ATTACHMENT,

ATTORNEY,

where, the only action, 277.

What the declaration must shew, 278-279,
284.

Several breaches may be assigned in, 279.

For nonperformance, when first introduced, 311-313.
How obtained, 313, 315, 317.

In what cases granted, 315, 316, 336.

In the discretion of the court, 317, 318, 333.
Whether allowed in Pennsylvania, 326 b.

May submit for his principal, 45.

See PRINCIPAL, RELEASE, 220.

When he shall be personally bound, 45, 165.
Performance by, 265.

May agree to a rule of reference in Pennsylvania, 34 d.

AVERMENT,

Uncertainty in an award, how far helped by, 195-197,

201-205.

Of tender and refusal, 301.

Of performance, 301, 302.

AWARD,

What, 6.

Who shall be bound by, 42.

See ATTORNEy, Bankrupt, Parties,

PARTNERS, PRINCIPAL.

Who shall take advantage of, 48.

See BANKRUPt, Parties, Partners.

In writing,

must be on a suitable stamp, 139.

When to be made, 137, 138.

Must be according to the submission, 140.
not beyond the submission, 141.

Out of the submission, no bar in equity, 167, 168.
What shall be construed to be within or beyond the
submission, 141, 142, 145-148, 150, 170,
236, 237, 238.

May be of money by way of recompense, 143.

but not of a thing collateral, 143, 144, 145.

See COSTS.

How far it may extend to strangers, 156-160, 188.
May extend to persons in contemplation of the sub-
mission, though not directly parties to it, 160—
164, 166.

May comprehend strangers, as mere instruments, 166,
167.

See STRANGER.

Must not be of parcel only of the things submitted, 171.
This rule how to be limited, 172, 173-176, 181.
how construed. when the submission is spe-
cific, 176, 181, 182.

AWARD,

Must not be of parcel only of the things submitted.
This rule how construed in a court of equity, 183.

184.

when the submission is gene-

ral, 176, 177, 179.

When the submission is general, the award is no bar
to an action for a cause subsisting at the time,

but not laid before the arbitrator, 179, 180.

How far it must extend to all parties, 182, 183.
Must not order any thing illegal, 184.

How far it must pursue the rules of law, 351.
Must not be of a thing impossible, 185, 186, 191.
Distinction in this respect between a bond
and an award, 187.

Must be reasonable, 189-191.

Must be advantageous, 186, 187, 191, 192.
Whether it must give a recompense, 193.
Must be certain, 123, 124, 128, 194, 196, 197.

but certainty to a common intent sufficient, 132.
What shall be considered as sufficiently certain,

197-203.

Must not plainly err either in law or fact in Pennsyl-
vania, 380, et seq.

See AVERMENT.

May be conditional, 203.

in the alternative, 203.
with a penalty, 203.

Must not be repugnant, 217.

Must be final, 123, 124, 208.

What shall be considered as final or not,
210-215.

Whether and how far it must be mutual, 218-228,
259-261.

How construed, 228.

formerly with great strictness, 228, 229.

now more liberally, 230, 231.

so that it may, if possible, be supported,
233-243.