The Sun.
London, England, 1850-08-06 00:00:00

N°. 18)055.] LONDON, TUESDAY E E ,
,
• ik

DISPUTED• LIFE POLICIES.
" A trial of considerable interest to Life Assurance Offices and the
public was concluded yesterday in the Court of Exchequer. The
Eagle Company held a policy for an assurance of 539/. In the Albion
Company as security for an advance, the payment of which policy
was now- disputed by the Albion, on the ground that at the time it
was effected the fact of the assured party having been a man of in-
temperate habits was concealed from the office. The chief evidence
turne 1 upon the question as to the degree of intemperance that had
been exhibited, and the resift was, that a verd:ct was given against
the resisting office, not only for the amount of the policy, but also for
401. Interest from the date when it became due. The circumstance
of the action I.eing brought by one office against another presents a
striking illustration of the uncertainty which may attach to all po-
licies under the present system, and shows that the only mode by
wh:ch absolute security can be obtained by the public must lie in the
general adoption by Assurance Offices of the plan of protertting them-
selves in ev, ry case by dun inquiries before the grantini.• • f each po-
licy, and of afterwards assuming the full responsibility of the com-
pleteness of such inquiries by holding themselves precluded from
raising any future question. In the present case two offices are
found to be diametrically opposed In their opinions as to what can
properly invalidate a claim, and yet the public are expecte.' to be
able to guare themselves agatast such contingences. Similar cases
have occurred before, and even If they were more rare, they would
seriously injure the progress of life assurance. The very principle
upon which the business is founded is the removal of uncertainty,
and whenever that principle is counteracted in the slightest degree,
.the people who would be the first to resort to its advantages are the
first to be deterred."—Times, July 11, 1850.

THE LONDON INDISPUTABLE LIFE
POLICY COMPANY
No. 72, LOMBARD-STREET, LONDON.
TRUSTEES.
'. Campbell Renton, Esq., M.P. Richard Spooner, Esq., M.P.
I Richard 3lalins. Esq., Q.C. James Fuller Madox, Esq.

R illiam Wilberforce, Esq.
DIRECTORS.
Robert Henry Forman, Esq.
John Hamilton, Esq.
fames Fuller Madox. Esq.
John Matthews, Esq.
C. Octavlus Parnell, Esq.
AUDITORS.
James Turner. Esq.
IDavid Henry Stone, Esq.

William Adams, Esq.
John Atkins, Esq.
Henry Augustus Bevan, Esq.
J. Thompson Bramwell, Esq.
John Dangerfield, Esq.

George Cumming, Esq.
William D. Starling. Esq.

SECRETARY—David Alison, Esq.
Barmtaa— %emirs. Spooner, Attwoods, and CC
PADDINGTON LOCAL BOARD.
24, Connaught-terrace, Edgeware•road.
Rev. James Sherbold Boone, A.M., Stanhope street, Hyde-park.

Captain Creed;fiorfolk-erescent, Oxford-square. •
Charles reinberton, Esq.,..E.astbourne-Leerace, Hyde-park, and Lin.

coin's inn-fields.
Thomas Jervis Antos, Esq., Y.rk-street, Portman-square.
George Y. Robson, Esq., Eastbourne-terrace, Hyde-park, and New.
square, Lincoln's Inn.

Secretary, Chas. Hoghton, Esq.

The POLICIES of this. Company, being -iNDISPITEABLE, form
Family Provisions and Negotiable Securities, for their validity is not
dependent, as in the case of ordinary Policies, upon the import of
previous reports and other documents.
Owing to this important improvement in the practice of Life As-
surance, the progress of this Company has been rapid from the com-
mencement of its business, and is steadily advancing.
Copies of the Report of the last Annual Meeting will be forwarded,
on application, to Solicitors, to whom Commission is allowed.
ALEXANDER ROBERTSON, Manager.

CATHOLIC LAW AND GENERAL LIFE
ASSURANCE COMPANY,
8, NEW COVENTRY-STREET, LEICESTER-SQUARE, LONDON.
The FOURTH ANNUAL GENERAL MEETING of the Proprie-
tors of this Company took place on the 25th instant, at the Head
Office, at One o'clock precisely. The following is extracted from the
report. which is too lengthy for publication :
During the past year no claims have arisen from deaths in England,
and but two in Ireland—one for 5001. and the other for 2001.—making
together 7001., which have been paid. This is far below the expected
mortality, and is especially favourable, when it is remembered how
severely the life offices generally suffered from the epidemic of last
year.
The number of lives assured between the Ist of June, 1849, and
the 31st of May, 1850, was more than double the number issued in
the twelve months preceding.
Proposals were made for 138 Policies, amounting to 52,9631.25. 6d.:
of these 123, comprising 106 lives, were accepted for 45,1251. 65.
sixteen Policies lapsed, representing 6,0481., upon which 320/. 3s.
was received by the Company in the shape of premiums.
Since the commencement of the Company to the Ist of June last,
assurances were effected to the extent of 110,9721. 12e 6d., pro-
ducing in annual premiums 3,7321. Its. 6d. Of these 54 lapsed,
amounting to 23,930/. 16s. 6d., of which the annual premiums were
7411. Is., leaving the yearly income on the Ist of June last equal to
2,9911. 15s. ltd.
Since last meeting loans were applied for to the extent of 17,7001.,
but 1,1831. Its. 10d. only was advanced.
The Directors were also highly gratified to report that within the
last four months they had considerably extended their business 011
the Continent, having appointed, as Head Agent in France, Monsieur
de l'Etang, a gentleman of high standing in Paris, distinguished for
his integrity and ability in financial and in all assurance matters,
who, under the sanction and patronage of the Archbishop of Paris,
the Cardinal Archbishop of Lyons, and Monseigneur Parisis, Eveque
de Langres, has already within the last three months effected a con•
sideraNe amount of business, not only in Life Assurances, but in An-
nuities both Immediate and Deferred.
After various resolutions, approving of the Report, and returning
thanks to the Right Reverend Chairman, 131shep Morris, the Tice-
Chairman, Actuary, Secretary, and Medical Officers of the establish-
ment, the meeting separated, highly gratified at its present results
and future prospects.

MUSIC by WILLIAM THOROLD WOOD.
VOCAL.
The People's Anthem, " God Sava the People"—Quartett, Semi-
chorus and Chorus, with Pianoforte accompaniment. Poetry by
Ebenezer Elliott. Price is.
" We are glad to see that these fine stanzas of the Corn-law
Rhymer have at last found fitting musical utterance. The composer
is not unworthy of the poet."—Tait's Magazine, May, 1850.
" Dark, Deep, and Cold."—Quartett, Semi-chorus and Chorus, with
Lithographic Illustration. Poetry by Ebenezer Elliott. A. Tribute
to the Memory of the People's Poet. Price 3s.
" Gather ye rosebuds while ye may."—Madrigal. Poetry by Mer-
rick. Price 2s.

13. Great Marlborough-street.
MR. COLBURN'S LIST
OF NEW WORKS.

THE TRUE RELIGION. Ay the celebrated JOHN EVELYN
Now First Published from the Original MS': 2 yols. 21s. bound.

GERMANIA. Its Courts, Camps, and People. By the Baroness
BLAZE DE BURY. 2 vols. (On the 12th.)

The YEAR-BOOK or the COIII4.TRY; or, the Field, the Forest,
and the Fire-side. By WILLIAM 110 WITT. With Illustrations,
10s. 6d.

LIGHTS and SHADES of MILITARY LIFE. Edited by Lieut.
General Sir CHARLES NAPIER, &c. 1 vol.

The WANDERER in ITALY, SWITZERLAND, FRANCE, and
SPAIN. By T. ADOLPIIUS TROLLOPE, Esq. 1 vol. 10s. 6d.

POPULAR NEW .NOVELS.

PETTICOAT GOVERNMENT. By Mrs. TROLLOPE.

ADELAIDE LINDSAY. Edited by the Author of " Emilia
Wyndham."

The TRAVELLERS; or Mornings at Matlock. By H. SHEL-
TON 31ACKENZIE, D.C.L.

•
Ty.
OUR COUNTY. By JOHN MILLS, Esq. Author of " The Old
English Gentleman." (Just ready.)
Henry Colburn, Publisher, 13, Great Marlborough-street.

NEW WORK BY MRS. JAMESON.

Just published, in 1 vol. square crown Bvo., illustrated with 11
Etchings by the Author, and 84 Woodcuts, price 28s. cloth,
LEGENDS of the MONASTIC ORDERS, as
represented in the Floe Arts. Forming the Second Series of
" .",at.red and Legendary Art." By MRS. JAMESON.
Also, by MRS. JAMESON, nearly ready,
SACRED and LEGENDARY ART. First Series. Illustrated with
Sixteen Etchings by the Author, and numerous Woodcuts. New Edi-
tion, in One Volume.
London : Longman, Brown, Green, and Longmans.

FREE ADMISSION to the BIRMINGHAM
EXPOSITION.

ilk Exhibition of British Art and Manufacture was Yisited by his
Royal Highness. Prince Albert, her Grace the Duchess of Sutherland,
and by all theleading members of the Nobility and Gentry, and ex-
c.ted great admiration front the progress in Meta's, Statuary, Porce-
lain, stoves, Candelabras, &c, This magnificent collection, with
many additions, have been transferred to spacious premises purposely
rebuilt and arranged for their reception.at-89 and 90, Cheapside, un-
der the superintendence of Messrs. lienetfink and Jones, and during,
the past week has been re-visited by the same Illustrious personages.
Open daily from Ten o'clock.—Admission Free.
Entrance in Ironmonger-lane.

ROYAL POLYTECHNIC INSTITUTION.
During this week the ALPINE SINGERS from Styria will
per orm several of their National Melodies, daily at Four, and in the
Evenings at Half•past Eight.—Lecture on Chemistry. by J. 11. Pep-
per, Esq., daily at a Quarter-past Three, and in the Evening at Eight,
illustrating the Ancient Fiery Ordeal and the Handling or Red Hot
Met,....;.—Lecture by Dr. Bachhoffner on Voltaic Electricity, daily at
Two, and in the evenings at a Quarter-past Nine.—New Series of
Dissolving Views illustrating some of the Wonders of Nature, daily
at Half-past Four, and in the Evenings at a Quarter to Ten ; also
a Series, exhibiting Scenes in the Arctic Regions and Ceylon, daily at
One o'clock.—Diver and Diving-bell, &c., &c.
Admission, Is.—Schools, Half-price.

CREMORNE GARDENS,
On the Banks of the Thames at Chelsea.
Open Daily at Three o'clock.
Sundays at Half-past Four. No charge for admission except by
Refreshment Card—Sixpence.
Director, Mr. T. B. Simpson, Albion, Great Russell-street, Co-
vent-garden.

APPETITE AND DIGESTION IMPROVED.

LEA and PERRINS' WORCESTERSHIRE
SAUCE imparts the most exquisite relish to Steaks, Chops,
and all Reast Meat Gravies, Fish, Game, Soup, Curries, and Salad,
and by its tonic and invigorating properties enables the stomach to
perfectly digest the food.
The daily use of this aromatic and delicious Sauce is the best safe-
guard to health.
Sold by the proprietors, Lea and Perrins, 6, Vere-street, Oxford-
street, London, and 68, Broad-street, Worcester; also by Messrs.
Ltarelay and Sons, Messrs. Crosse and Blackwell, and other Oilmen
and Merchants, London ; and generally by the principal dealers in
sauce.
N.B. To guard against imitations, see that the names of LEA
and PERRINS" aro upon the label and patent cap of the bottle.

TO EVERY FAMILY in the KINGDOM,
and the PUBLIC UNIVERSALLY. •
Dr, Ryan's Certificate of Quality.
Mr. Henry Clark,
Sir,—T have carefully examined the samples of ESSENCE of
ANCHOVIES. and of the HARVEY'S and READING SAUCE.
prepared by yourself, and have compared them with those which
have been for so many years favourites with the public, and I have
no hesitation in saying that yours are equal in quality, in every
way, to any now extant. I have also examined and tested the
strength and purity of the Vinegars manufactured by you, and to re-
mark that I highly approve of the same.
I am, Sir, your obedient servant,
JOHN RYAN, M.D.,
Professor of Chemistry to the Royal Polytechnic Institution,
Regent-street, London ; the Royal Naval College, Ports-
mouth, &c. &c. s. d.
FISH SAUCES, &c.
Clark's Harvey's and Reading Sauce, per bottle - - 0 6
„ Essence of Anchovies - - - - - - - 0 6
, Mushroom Ketchup
„ Walnut Ketchap - - - - - - -0 6
„ Chili Vinegar ------ - 0 6
French Capers
Ditto - - - ----- 010
Cayenne Pepper 0 6
The above articles are charged by most other houses from Is. 6d.
.0 2s. each.
Real Chins Soy (usually charged from 2s. to 2s. 6d. per bottle) 0 9
Real Gorgona Anchovies, per bottle
„ per lb. 1 6
Anchovy Paste, for Breakfast, Luncheon, Re., - 1 II
Fine Bloater Paste, made from real Yarmouth Bloaters, per pot 0 a
B.st London Pickles, per bottle - - - 0 7
Ditto do. in quarts --- -- - - 1 0
Mustard, in lb. bottles, each from - - 6d. to 1 4
Superior Table or Pickling Vinegar, in half-pints, 3d.;
pints, sd. ; quarts, each - - - 010
The bottles are given in at the above low prices, and there is not
a better article in the trade.
It may be had also in any sized packages, at Is. 4d. to 2s. 6d. per
4tallon‘for the finest article.
Real Danzic Spruce, as imported front Danzie, 125.'perkeg, or in
bottles at Is 4d.. 10d., 6d.c•and.-3d.--
Lemon- Juice, t, Pints, 3s, 4d, per dozen, bottles iijcluded f Pints,
6s. ; Quarts, .125., or Is. 3d. per gallon
Seville Orange Juice, in Balf-pints, Pints, and' Quarts, ditto.
Dried lemon Peel, per lb. - ----- 2 3
Dried Orange-Peel, per lb. 3 3
The finest Salad Oil, imported direct from Leghorn, in a handsome
decanter with stopper, at is. 3d. each.
Salad Cream, or prepared dressing f:.r Salads, also in decanter bot-
tles; ls. 3d. each.
As there are many spurious imitations of an inferior quality, ob-
serve the name and address, CLARK and Co., Coleman-street,
is on each bottle.
China Soy, 9s. per gallon.
Finest Salad Oil, Bs. per gallSP on.
ICES, Re.
s. d

Cinnamon - per lb. 4 6
Finest Bencoolen Cloves, 2 6
Bourbon mid Amboyna
do., Is. 6d. to - - 2 0
Finest Mace - - 8 0
A fair article of do. - - 6 0
Finest Jamaica Ginger - 2 6
Fine do do. - 2 0
Good ordinary do. - 1 8
Good Barbadoes do. - 0 6
Nutmegs - - - 6 6
MUSTARD.
In 91b. and 181 b. casks, second - - - per lb 0 5
Ditto fine
In 91b. and 181 b. casks, superior
Ditto do. double do.
Real Gorgona Anchovies, as imported from Leghorn, in double bar-
rels, also in single barrels.
Essence of Anchovies and Mushroom Ketchup can be had by the
gallon.
CLARK and Co., No. 40, COLEMAN-STREET, CITY.
Orders by post solicited and delivered free three miles from the
above address.

s. d.
Cassia - - per lb. 1 6
Pimento - - - - 010
Black Pepper - - - 1 0
White ditto - - - 1 6
Cayenne Pepper - - 2 6
Long Pepper - - - 1 3
Isinglass, from Bs. 6d. per lb. 15 6
Mixed Spice - - 3 0
IDiaccaroni, from Scl.
Vermicelli - 0 10

Terms, Cash.
A liberal allowance to shippers, emigrants, dealers, and large con.
warners.

DR. LA'MERT ON THE SECRET INFIRMITIES OF YOUTH
AND MATURITY.-WITH 48 COLOURED ENGRAVINGS ON

be had in French or English, in a Sealed
or post-free, from the Author, for forty-two
STEEL.
Just
s stamps,
published,nq Envelope,ps ,
.a and may
ELF-PRESERVATION; a
Medical Treatise on the Physiology of Marriage, and on
the Secret Infirmities and Disorders of Youth and Maturity,
usually acquired at an early period of life, Which debilitate
the physical and rental powers, diminish and enfeeble the natural
feelings, and exhaust the vital energies of Manhood; with Practical
Observations on the Treatment of Nervous Debility and Indigestion,
whether arising from these causes, close study, er the Influence of
tropical climates: Local and Constitutional Weakness, Syphilis,
Stricture, and all Diseases and Derangements resulting from Indis-
cretion. With Forty coloured Engravings, illustrating the
Anatomy, Physiology, and Diseases of the Reproductive Organs,
explaining their stractutes, uses, and functions, and the various
Injuries that are produced in them by solitary habits, excesses, and
Infection. BY SAMUEL LAWERT, M.D.,
37. BEDFORD-SQUARE. LONDON.
Doctor of Medicine. Matriculated Member of the University of Edin-
burgh, Licentiate of Apothecaries' Hall, London, Honorary Member
of the London Hospital Medical Society, Bcc.
This work contains an accurate and complete account of the
Anatomy and Physiology of the Reproductive Organs. It un-
tertunately happens that the unhappy victim of excessive indul-
gence and vicious habits, while suffering from their invariable con-
sequences, unwisely entertains a tear of applying to a qualified physi-
cian for relief. Shame and the dread so frequently, but erro-
neouslyearotn,
ealiikt4ecteacrdnhestbbhryasietchpterhroeArfauerrtagehnndodco.r pDanrilerv.enuthh4sizseuekiT ihigasrortakase
entertained that these complaints are beyond the reach of
assistance
eh
highest
medical medical honours, as his diplomas testify, and the great extent of his
le)nracceti"vr fer many years is a
52, Paternoster-row; guarantee for his professional experi-
ence,
Richards,
diseases.
street, Haymarket ; must sobeelhyatod of Kent fhtharegdse,
Published
d
390. r d C.
so
Qr nn ir Ile
'ay. 63,m may be
Starie, Tichborne-
ibe Author's Itesiderreel.l;all.4'.llBat'e 11,Gonodrodnon. , 146, Leaden-
hall-street, London; or, by poet for forty-two stamps. from

TIIE CANTERBURY SETTLEMENT..-►Among the
Parliamentary papers yesterday issued was one authorizing
the sale of land in New Zealand in connexim with the Can-
terbury pettlement.

GLASGOW, BARRREAD,
LAW INTELLIGENCE.
HOUSE OF LORDS, Aug. 5.
WAY COMPANY, APPELLANTS. •
THE NITSHILL 'COAL COMPANY, RESPONDENTS.
AND SEILSTON DIRECT RAIL-
This case arose out of the following facts:—The rail-
way company obtained their Act in the year 1845. Io
constructing their railway they entered upon and occu-
pied certain parts of the lands of Henschill, in the
county of Rentrew, the m'nerlils in which had been let
to the coal company under a lease for 21 years. Ili
particular they t possession of, and began tO fill up,
to a great extent the Nitshill quarry, which-contained
valuable caal end other minerals, lying at a small depth
and usually wrought with the free stone, which were
included in the coal company's lease, and as these
minerals were thus rendered useless and unavailable to
the coal company, a claim was made by them against the
railway company for compenbation. It was arranged
between the two companies that this claim should be
referred to arbitration in terms of the Lands Clauses
Consolidation (Scotland) Act, 1845, and the Railways
Clauses Consolidation (Scotland) Act, 1845; Accord-
ingly, a regular deed of submission was entered into, of
dates 16th and 23d October, 1846, whereby the parties
referred all claims of compensation and damages what-
soever due by the railway company to the coal company,
in mins( quence of the operations of the former, to Wil-
liam Murray, Esq., named by the railway company,
and James Drummond, Esq., named by the coal
company, or to an oversman, to be named by them
' before proceeding to act. This deed was signed
by Mr. Tennent, secretary of the railway
company, " for and on behalf; &0., as . autho-
riled by the said railway company," the secretary being
by the Lands Clauses Consolidated Act the party under
whose head " every appointment of an arbiter shall be
made on the part of the company." Nothing was done
under this submission until 25th November, 1846, when
it was for the first time laid by ths railway company
before the arbiters, and as the time within which the
arbiters could decide in terms of the Act hitalready_ex-
pired, Mr. Tennent, on behalf of the railway company,
along with the coal company, subscribed a minute on the
back of the submission of that date, whereby they renewed
and prorogated the same, and requested the arbiters to
proceed. Of the same date the arbiters accepted of the
submission, and appointed their clerk, and theyfurther
appointed William MVreath, Esq., mining engineer at
Bargeddie, as oversman or umpire. The arbiters tden
proceeded to hear parties, who both laid a long proof
before them, and on the 11th January, 1848, having
differed in opinion, they devolved the matter upon the
oversman. In the mean time, to keep the proceedings
alive under the Act, various renewals and prorogations
took place by written minutes, subscribed as before
mentioned, the last of which renewed and prorogated
the same for two months further after the 12th of Jaau-
ary, 1848. The umpire, with the full knowledge of
parties, took up the matter of the submission as devolved
upon him, and upon the 11th March, 1848, betore the ex-
piry of the two months, he issued his dtoree to arbitrate.
By this decree ho found in the whole circumstances
that the said Glasgow, Barrhead, and Neilston Direct
Railway Company were bound to make compensation
to the said Nitshill Coal Company for loss of coal
and other minerals caused by the operations of the said
railway company under the aforesaid Acts, and he
thereby found the sum of 1,4511. Bs. 2d. to be just and
reasonable compensation. The railway company re-
fused to fulfil this award, and presented a note of sus-
pension and interdict to the Court of Session. The
Lord Ordinary (Fullerton) refused this note, and the
case was carried by a reclaiming note to the Inner
House. The Judges (Ist division) were unanimous in
sustaining the judgment of the Lord Ordinary. The
railway company then presented the present appeal
to the House of Lords. Sir Fitzroy Kelly
and Mr. James Anderson appeared as counsel for
the appellants; and, the Solicitor-General for Scotland
and Mr. Stuart Wortley appeared for the respondents.
The appellants chiefly relied on the following reasons as
the grounds of upsetting the judgment of the court
below. They denied that the secretary was authorised
to bind them by his acts, and maintained that even
assuming him to have been so authoriseJ, and that by
the renewals subscribed by him a new submission bad
been entered into, still the arbiters were bound under
that new submission to have re-appoirited the oversman

before proceeding to act under it, and as they had not
done so they were not entitled to devolve the question
upon him, and he had no power to pronounce an award.
The appellants further argued, .that the arbiter had
gone beyond the natter submitted to him, by
deciding on certain claims which did not come
under his jurisdiction, even supposing him to have
been duly appointed. The argument for the respondents
was, that they were entitled to rely upon the sub-
scription of the secretary as the authorised act of the
company; that the different renewals and prorogations
kept alive the whole proceedings of the arbiters, and as
they had named the oversman at first, that nomination,
as well as anything which took place in the submission,
Ras acknowledged by the acts of the parties and bind-

ing upon them; thai the overman, therefore, had suf-
ficient powers, and was entitled to pronounce an award
as he did within the tirwlrto whioh the t,dbuii„.ion had
been prorogated. And as to the award being beyond
his powers, it was argued that, as ou the face of the de-
cree itself no excess of power was apparent, and as
his findings were strictly in conformity with
what bad been submitted to him, the ap-

pellants were not entitled to go out of the
decree to find objections against it. Other reasons
were given to show that the arbiter had kapt strictly

within the matters submitted Co him; but as.the judg-
ment of the House of Lords did not take up that part of
the case it is unnecessary to enter upon them. The
case was argued before Lord Brougham, as Deputy-
Speaker, on two successive days, viz., Friday and Satur-
day last. At the close of the reply tor the appellants,
on Saturday, his Lordship remarked that he frequently
found the judges in the court below, by overlooking sta-
tutory requisites, taking a short leap to arrive at the
justice of the case on the merits, and that he would take
time to look into the statutes applicable to this case
before ho would advise their Lordships what course they
should adopt in the present case. He would
pronounce judgment on Monday. The following
were his Lordship's observations to-day, on moving
a reversal of the judgment in the court below:—
Lord BROUGHAM—My
Lords, from the view which I
take of this case, it will not be necessary that I should
trouble your Lordships with at all stating the ultimate
proposition, namely,
was very ably 'and very fully
right of the award to with l rweist
hp etcnt
et os
utnhjee
crma dt
ra,nwd
hti
nh
ne
argued on both sides at the
bar. But, my Lords, after the best consid• ration which
I have been able to
give to this case, both during the argu-
ment and since, and after considering the Act of Parliament,
and after considering the course of proceeding of the
Pales themselves, I am clearly of ()pillion that this
judgment cannot stand. My Lords, we have here
another instance, I
as among the counsel; thrown e
written law, to the statutoryadownpraowvaisyior,
tom sorry to f, great ingenuity
and great subtlety among. the LaeaaYP -9ellJud
accurately attending to the law, especially where it is
nns withoutwhich gc
closely ys
judgeswane dl
are called upon to lister, and by which they are
bound. To say that thralls nut under the statute, to say
that the parties have
and its remedies, and tow right to repudiate the statute
go upon a common law arbitra-
tion, as if there were no statute under which they were
acting, appears to me to be wholly
impossible in this
case. They are est
opped from saying this by
their whole proceeding.
It is all under the
statute from beginning to end. For example,
if it is not under the statute why all
this prorogating of
minute after minute, time?firstt_
three
arehg then six
to enter
in the face
otheAct?hmetihont thelsixTmonths,
as-
suming that it can be cut doawnisto atshsrueme monthseuthe
three months more, and at last two months. It is' per-
fectly clear, it is perfectly self-evident from this, togethei
with the appointment by the arbitrators of an oversman,
which the parties took care should happen, or which the
arbitrators took care should happen, to have an overs-
man before they proceeded—it is perfectly clear from this,
as well as from every piece of the process. Their whole
proceedings make a distinct reference by name to the
very Acts of Parliament—the two Acts of Parliament in
question. Then it is statutory from beginning to end.
The question is, have they complied with the statute?
There is no doubt in the matter; clearly not,
because the statute requires that the' two ar-
bitrators shall appoint an °vein:tan or an
umpire before they break ground, before they
proceed to the business. Very well, they appoint one
being conscious that they are bound to do so; they ap-
point an umpire validly and legally in the first instance,
and if within the first period during the subsistence of
his appointment, and before the prorogation, the pro-
ceedings bad taken place and the award had been made,
past all doubt it would have been valid; it would have
been valid even if the party had not consented, had not
proceeded; it would have been valid altogether. But in-
stead of that they go on, the time expires, and it is pro-
rogated, or rather I should say there is a hiatus, and it
must be renewed—it is making a new submission. The
parties have a right to do that; be it 30, I will not dis-
pute that. But there is a duty, not only on the parties
but on the arbitrators, as to the appointment of an overs-
man or umpire. The parties have no more to do than
a stranger with the appointment of the oversman. It is
expressly provided that the arbitrators shall appoint the
oversman, and they do not appoint the oversman duly, but
the parties are said to appoint the oversman, because
they did what? Because they prolonged the period of
the submission. But continuing A. 8., who has the
power to execute that which I have no power to exe-
cute—continuing A. B. in possession of that power does
not continue that which he did under the submission.
He did in execution of tho power something which ex
pired when the authority of A. B. expired. Then I con-
tinue the authority of A. B. Does that revive what he
had done during his appointment and before it had ex-
pired? Past all doubt not, supposing I have no
power myself to appoint an umpire or • overs-
man, and ex consessis I have no power. And
there is a very excellent reason why it should
be the arbitrators (indeed there are so many that
I need not dwell upon them) who should have the power
of appointing the umpire, and not the parties. All that
the parties have to do is to submit to the arbitrators.
The arbitrators are to appoint the oversman, and they
are to appoint the oversman while they have the power
to appoint him. They appoint him—their power ex-
piso—sud then tluir power is renewed or nom thy