Sir John Sinclair, to whom, as President of the Board of Agriculture, much useful information was communicated, which he industriously compiled. (Sinclair's 'Account of Systems of Husbandry, &c., 2 vols. 8vo.) The Surveys and Reports on the agriculture of the different counties, prepared for the Board of Agriculture, are replete with useful information as to what is the actual practice; and among a multitude of agricultural publications, journals, and proceedings of societies, we may notice Loudon's Encyclopædia of Agriculture.' That of Wilson, published by Fullarton; and that of Morton, published by Blackie, are also useful as books of reference. The works of Professor Low, and Henry Stephens, of Edinburgh, may also be consulted. The Journals of the Agricultural Societies of England and Scotland, and the weekly agricultural papers, Bell's Messenger,' 'Gardeners' Chronicle,'' Mark Lane Express,' and 'North British Agriculturist,' are full of valuable agricultural information.

The French are rich in elementary works, among which the ‘Théâtre d'Agriculture,' par Olivier de Serres, is a standard work. It was written at the express desire of Henry IV. and his minister Sully, and published in 1600; the last edition, in four volumes quarto, Paris, 1804, with numerous additions, and the 'Cours Complet d'Agriculture,' by various members of the Institute of France, published in 1820, contain everything that was then known of the science of agriculture. A little work of much merit may be mentioned, called 'Le Manuel Pratique du Laboureur,' by Chambouillé Dupetitmont, Paris, 1826, two volumes, duodecimo; and also Le Calendrier du bon Cultivateur,' by C. I. A. Mathieu de Dombasle (on the plan of Arthur Young's Farmer's Calendar'), Paris, 1833, duodecimo, is a very useful work. The Journal d'Agriculture Pratique' is another more recent valuable agricultural periodical. Numerous works on particular branches, and the annals and memoirs of various agricultural societies, are constantly being published. Among the German authors we shall only mention Thaer, whose works we have quoted above, and which form a most complete body of theoretical and practical agriculture: his experiments made on a large scale at the national farm of Mögelin near Frankfort on the Oder, and repeated for many years, can be fully depended upon. We have also quoted the work of Mr. van Aelbroek, 'De l'Agriculture Pratique de la Flandre,' Paris, 1830, octavo, as a useful and interesting work. ARACHIDIC ACID (CHO). A crystalline acid found in the oil expressed from the seeds of the Arachis hypogea, a plant growing in Guinea and Brazil. It crystallises in small brilliant plates, which fuse at 167° Fahr., is very slightly soluble in cold alcohol, but easily soluble in boiling absolute alcohol and in ether. Arachidic acid forms an ether and an extensive series of salts which have recently been investigated by Goessman and Scheven ( Ann. der Chimie u. Pharm.,' xcvii. 257). It also forms a compound with glycerin termed Arachine.

ARACHINE. [ARACHIDIC ACID.]

ARACK, or ARRAC. This word is derived from the Arabic word arak, which properly signifies perspiration. Under various modes of spelling it is employed as a general name for distilled spirits along the northern coast of Africa, including Egypt, over all Asia, and even in the north and eastern parts of Europe. This spirit is prepared from different substances, from the juice of the areka palm and rice, from palm-sugar and rice, but more especially from the sweet juice (toddy) extracted from the unexpanded flowers of different species of the palm tribe. The best sorts are produced at Goa, Batavia, and Ceylon. In Ceylon, where a large quantity of arack is manufactured, it is entirely distilled from coco-nut tree toddy. The 'toddy topes,' or coco-nut tree orchards, are very extensive in Ceylon, and their produce is collected for the distillation of arack, and the manufacture of sugar, vinegar, and oil: the latter chiefly, for the production of which steammachinery is employed.

blossoms every four or five weeks, two spaths on one tree sometimes yield sweet juice at the same time. The toddy-drawer generally ascends the trees, for the purpose of collecting the sweet juice that has exuded into the toddy pots, both morning and evening, and to cut off a fresh portion of the flowering spath. The toddy is poured from the earthen vessels into the gourd, which is conveyed to the ground by means of a line. The gourd is emptied into a large vessel by a person at the foot of the tree, and drawn up by the toddy-drawer for the purpose of being refilled.

Arack may be distilled from toddy the same day it is drawn from the tree, but sometimes this operation is delayed until it becomes sour. The process of distillation is carried on in the maritime provinces in copper stills, but in the interior of the island earthen vessels are chiefly employed. Toddy yields by distillation about one-eighth part of proofspirit.

On the peninsula of India, arack is distilled from the flowers of the Bassia longifolia, Tell mee (Cingalese), the Mahwah-tree, and the Bassia latifolia. Mahwah-arack may be procured at the rate of an English pint for less than one penny.

Arack is prepared in the island of Java, where it is known by the name of kneip, from a mixture of molasses, palm-wine, and rice. The rice is first boiled, and after being cooled, a quantity of yeast is added to it and pressed into baskets. Each basket is placed over a tub for about eight days, during which time a quantity of fluid passes through the basket into the tub; this fluid is added to the molasses and toddy in large fermenting vats, where the mixture is allowed to remain until it is fit for distillation.

In most parts of Turkey, arack (raki) is made from the skins of grapes. It is flavoured with aniseed, and sometimes contains a solution of gum-mastic. The mountain Tartars distil it from sloes, elder berries, wild grapes, plums, &c., and the Calmuck Tartars distil it from milk. The chief markets for arack are the East India Presidencies, to which a large quantity is supplied by Ceylon. In Europe Amsterdam is the chief place of importation, principally if not entirely from Batavia. ARÆO'METER. [HYDROMETER.]

ARÆOSTYLE (from àpaids, rare or few, and orúλos, a column), a term used by writers on architecture, who follow the system of Vitruvius, for one of his "five species of temples." As the term itself imports, it refers rather to the arrangement of columns than to the composition or structure of a temple. The kind of temple called aræostyle is, according to Vitruvius, that in which "the columns are placed more distant from each other than in fact they ought to be." This, the commentators upon that writer say, is when the space between columns, or the intercolumniation, is from four to five diameters. The aræostyle intercolumniation is generally assigned by the same authorities to what in the Vitruvian system is called the Tuscan order; for as the remains of the more classical architectural works of the Greeks and Romans, on which the system professes to be based, exhibit no examples of either the aræostyle intercolumniation, or of the Tuscan order of columns, each could with safety be assigned to the other. [TEMPLE.]

ARÆOSYSTYLE. This term is compounded of arco and systyle, and was formed to designate an arrangement of columns not mentioned by Vitruvius. The, French architect, Perrault, is understood to have introduced the term aræosystyle to designate an alternately very wide and very narrow intercolumniation, or what is familiarly called coupled columns. This arrangement is alternately aræostyle-columns too far apart; and systyle-columns too close together. Perrault's front of the palace of the Louvre in Paris, the western portico of St. Paul's cathedral, the porticoes, pavilions, and colonnades of Buckingham palace, and many other edifices in London, exemplify the mode of arranging columns which the term aræosystyle designates.

The ordinary implements of a toddy-drawer are a large broad knife, which he carries in a coffer or basket suspended by a cord tied round his body; a mallet, consisting of a piece of hard wood about a foot in length; and the shell of a large gourd, which is suspended round his waist. When a tree is in a state fit for yielding sweet juice, the toddy-drawer ties the flowering spath in different places, by means of the white leaves of young branches. This process has the effect of preventing a bud from blowing. The spath is then bruised along its whole length by means of slight blows with the mallet or bat of hard wood. This operation occupies a few minutes, and requires to be regularly repeated every morning and evening for six or seven days. In a few days after the spath has been tied, a few inches of it is cut off by means of the broad knife. Two or three days after it is thus truncated, sweet juice exudes from the cut surface, which is received in an earthen vessel attached to the spath. The liquor issues, drop by drop, and a good healthy blossom will yield from two to four English pints in twenty-four hours, and continue to afford that quantity for a period extending from three to five weeks. As the coco-nut tree

means the Highland dialect, in contradistinction to, the language of Canaan, or the Lowland dialect. The Aramaan was thus denominated because those parts of Aram which bordered upon Palestine were higher than the territory of the Jews, and especially higher than the coast of the Mediterranean Sea inhabited by the Canaanites. Thus a designation became current which was improperly applied to the whole of Aram, many parts of which had a lower level than Canaan, but passed under the general appellation of Highlands, because Aram bordered by Mount Lebanon upon Palestine, and had a higher level in all points of immediate contact. Aramaic is spoken near Mardin and Mosul (see Niebuhr's 'Reisebeschreibung nach Arabien,' t. ii. p. 352; and its French translation of 1780, t. ii. p. 275), where it is asserted that the Syriac is also spoken in several villages of the government of Damascus. Niebuhr calls the Christian idiom Chaldee. The Christians of Mardin and Mosul write even the Arabic in Chaldee characters, and the Maronites in Syriac letters. W. G. Brown mentions in his travels that the Syriac is spoken at Malala and Wara. Compare the Journal of a Residence at Bagdad,' by Anthony Groves, 8vo, London, 1832. It is also said to be spoken in some of the dales of the mountains of Kurdistan. The Aramaan is, on the whole, the poorest and the least refined of all the Semitie

languages; yet Julius Fürst, in his 'Lehrgebäude der Aramäischen Idiome mit Berzug auf die Indo-Germanische Sprachen,' &c., published at Leipzig in 1835, has shown the great probability of the Aramaan having been the mother tongue of all the Semitic languages, and of its having had much influence on those of Indo-Germanic origin.

The Aramaan language comprises two principal dialects, the Babylonian or East-Aramaic (which is usually, but improperly, called Chaldee), and the Syriac or West-Aramaic dialects; both dialects, though nearly extinct, are yet spoken by a few tribes dwelling in the ancient Aram. This fact, mentioned by various travellers, we find also recorded in the 'Journal' of Mr. Groves. The Samaritan and Palmyrene were minor dialects of this language.

The sections in Daniel and Ezra called Chaldee, and a few words in Jeremiah and Genesis, are the most ancient remains of the EastAramaic dialect, which is called by the Jews 7, that is, the language of the Talmud, or the language of learning, because parts of the Talmud and many rabbinical writings are composed in this idiom, which is now usually written and printed in the Hebrew square characters, or 7, that is, the language of translation, because the Targums of Onkelos and Jonathan are paraphrastic translations of the Old Testament into the East-Aramaic language. The oldest specimens of the West-Aramaic are much later; they consist of some Palmyrene inscriptions, one of which has been referred to A.D. 49. The characters of the West-Aramaic or Syriac differ greatly from the Hebrew. [SYRIAC LANGUAGE.] The Aramaic is one of the Semitic dialects spoken by the descendants of Shem. Many forms of nouns and verbs, which in Hebrew and Arabic are polysyllabic, are shortened in Aramaic into monosyllables. The forms of nouns in Aramaic are less numerous than in Hebrew and Arabic. The dual is rare in the East-Aramaic. The personal pronoun of the second person singular combines both genders in one

Thus we see that the Aramaic has fewer grammatical forms than the cognate dialects, but we observe the reverse in the following instances. The Aramaic has four active and four passive modifications, under every active modification, two participles, one of which has a passive signification, although the passive modifications have their own participles. The third person plural of the preterites distinguishes the genders by means of a double formation. A present tense is formed by the combination of participles with the personal pronoun. While the Jewish community maintained its political independence in Palestine, the Hebrew continued to be the common language of the country, and, so far as we are able to judge, although not entirely pure, was, during that time, free from any important changes in those elements and forms by which it was distinguished from other languages. A few foreign words only had crept in along with the products of foreign commerce, arts, and inventions; and these, in consequence of the want of appropriate terms in the language of the country, received the right of citizenship. Even in the time of Hezekiah, the Hebrew dialect differed so much from the Babylonish-Aramaan, chiefly, it is probable, in respect of pronunciation, that the latter sounded in the ears of the common people of Jerusalem like an entirely foreign language, and was intelligible only to the principal officers of the court (comp. 2 Kings xviii. 26). But when the Assyrian and Chaldæan rulers of Babylon subdued Palestine, everything assumed another aspect. The Jews of Palestine lost, with their political independence, the independence also of their language. The Babylonish-Aramaan dialect supplanted the Hebrew, and by degrees became the prevailing dialect of the people.

The Babylonish-Aramæan language was very closely allied to the Hebrew; it stood to it in nearly the same kind of relationship as the Lower Saxon does to the High German. Both were the offspring of the original Semitic language, which was used from the Halys in Cappadocia to the regions beyond the Tigris, and from the source of the Tigris to Arabia. Both of these, as well as the other Semitic dialects, had the same stock of ancient radical words, and essentially the same grammar. The principal features of their difference were, that many words of the old primitive language remained current in one dialect, which were entirely or partially lost in the other, for example, the verb (to expose to the sun, or to dry) in Aramæan, of which only the noun (sun) remained in the Hebrew. The same word was sometimes in use in both dialects, but in different significations. The Babylonish dialect borrowed expressions from the northern Chaldæans, who made an irruption into the country. Traces of such additions are to be found in the names of the officers of state, and other terms having reference to the government. The Babylonish pronunciation was easier of utterance, and more sonorous than the Hebrew.

tranquillity, and which were composed of Aramæans and Chaldeans (2 Kings xxiv. 2); the host of foreign officers in their train, and the transactions of all public business in the Babylonish-Aramaan dialect, must have greatly tended to restrain the use of the national Hebrew dialect, since the Jews, who held public offices, or stood in any other near connection with the new rulers, were compelled to become familiar with the ordinary dialect of these rulers. There is also reason to suppose that the Babylonish had still earlier been the court language at Jerusalem (see 2 Kings xviii. 26).

Museum.

The Aramaan language derives peculiar interest from having been spoken generally by the inhabitants of Palestine, from the Babylonian captivity to the final and general dispersion of the Jews. We find that Jesus Christ, when repeating on the cross the beginning of the twenty-second Psalm, does not quote the Hebrew original, but the used in the New Testament and in the writings of Josephus Aramaic version. Many other occasional quotations and expressions indicate the prevalence of the Aramaic language in Palestine in the age of Christ. The oldest Syriac version of the New Testament, the Peshito, is stated to be contemporary with the Apostles, or, at least, not later than the 1st century; and a valuable addition to Syriac literature has been made by the Rev. Wm. Cureton, by his publications, in 1845, of the Ignatian Epistles;' in 1858, of Remains of a very Iliad of Homer,' in 1851; and Spicilegium Syriaca;' together with other Ancient Recension of the Four Gospels in Syriac;' 'Fragments of the works in the same language, chiefly from MSS. obtained by Archdeacon Tatham from the monasteries of Syria, and M. A. Pacho, in Egypt. These interesting MSS. are now in the Library of the British in Palestine, where it was first introduced by the Macedonian conThe Greek, however, had been long firmly established quests, and extended under the dynasty of the Seleucida. We know, &c., that Greek must have been as common in Palestine at this period both from positive testimony and the indirect evidence of inscriptions, as the French now is in Alsace, though it was no more the native tongue than French now is in the province just mentioned. Greek was also the language of science and learning, as it contained nearly all the knowledge which at that time existed. Concerning the language of Palestine in the age of Christ, compare the dissertations of De Rossi and Pfannkuche, and a chapter in Hug's introduction to the New Testament; which have been translated, partly in America, by Robinson, in the Biblical Repository,' for 1831, and partly in Edinburgh, in the Biblical Cabinet,' vol. i. 1833. The standard work on the Aramaic language is Andreæ Theophili Hofmanni Grammaticæ Syriaca libri tres, cum tabulis varia Scripturæ Aramaicæ genera exhibentibus,' Hale, 4to, 1827. Gesenius has since published a Thesaurus Philologico-critico' of the Hebrew and Chaldee Old Testament, in 3 vols., 1828-42; and Julius Fürst, a small Hebrew and Chaldæan Dictionary, in 1835.

English readers may compare Yates's 'Syriac Grammar; Harris's Chaldee Grammar,' 8vo, 1824; and 70, a Hebrew and English Lexicon, containing all the words of the Old Testament, with the Chaldee words in Daniel, Ezra, and the Targums, and also the Talmudical and Rabbinical words derived from them, by Selig Newman, Svo, London, 1834.

Strabo calls the Aramæans (Geogr.' i. p. 112, ed. Siebenk.) Apuevious kal Apaualovs, and Apiμovs. Comp. Stephanus Byz. under "Apua; and Gesenius, Commentar zum Jesaiah,' t. i. 688, to chap. xxii. 6. AR'BITER was a term in the Roman law signifying a judge invested with a discretionary power, and was applied to different kinds of judicial functionaries. The arbiter compromissarius answered to the arbitrator of modern jurisprudence, whose office will be treated of under the article ARBITRATION.

Another species of arbiter, peculiar to the law of Rome, partook more nearly of the character of an ordinary judge. In order to understand the nature of his office, it must be borne in mind, that all actions were commenced, and the preliminary proceedings carried on, before the prætor, technically termed (in jure); and when the altercations of the parties formally expressed had raised a question of fact disputed between them, a person was nominated in the formula to whom the adjudication of this fact was referred, whose title and powers depended on the contents of the formula. The different kinds of actions known to the Roman law were divided into three classes; actions of strict law, actions of good faith, and arbitrary actions: under the first class were comprehended all actions upon contracts called unilateral, that is, where only one of the parties is bound, as in the case of money borrowed, where the borrower is bound to repay, but no further obligation lies upon the lender. In these actions the person appointed to adjudicate was styled a judge (juder), and the only question for him to decide was, simply whether the plaintiff had completely established his case as originally stated.

enter into the merits of the case, and decide according to what seemed to him to be just and equitable between the parties. For the object of these actions was to obtain the fulfilment of such agreements as every honest man ought to be willing to execute, an object expressed in the formula, "Quidquid dari filii oportet ex fide bonâ."

To the third class, namely, that of arbitrary actions, belonged those chiefly in which the restitution of property, or some specific performance, was required of the defendant. In these cases the arbiter had authority to estimate the just claims of the plaintiff, and to condemn the defendant to some greater penalty, as, for instance, to pay fourfold in case of his not performing the judgment. Properly speaking they were actions not tied down by the strictum jus, but capable of receiving such modifications as the arbiter pleased, therefore they did not include the conditiones, or the actiones civiles ex delicto, whilst they did include those bona fidei, in rem, and prætoriæ; at the same time it is as well to bear in mind that these arbitrary actions did not embrace all unrestricted actions whatever, in spite of the modifications of which they were susceptible by means of the arbitraria formula; for though every arbitraria actio was an arbitrium, every arbitrium was not an arbitraria actio.

(Just. Institut. lib. iv. tit. 6; Heineccii, Elem. Jur. Civ. §§ 1181, 1196; Idem, Antiq. Rom. iv. 6, 36; Abdy, On the Roman Law of Civil Procedure, chaps. iii. iv.) ARBITRATION is the adjudication upon a matter in controversy by private individuals selected and appointed by the parties. This mode of settling differences is very frequently resorted to as a species of amicable litigation, and a means of avoiding the delay and expense of a lawsuit, and the publicity of a trial. It has the further advantage of providing an efficient tribunal for the decision of many causes-such, for instance, as involve the examination of long and complicated accounts, which our ordinary courts of law are, from their mode of proceeding and the want of proper machinery, incompetent to investigate.

The person appointed to adjudicate is called an arbitrator, or referee. The matter on which he is appointed to adjudicate is said to be referred or submitted to arbitration. His judgment or decision is called an arbitrament, or, more usually, an award.

Any matter actually in controversy between private persons may be referred to arbitration. By the 11th section of the Common Law Procedure Act, 1854, provision has been made in the case of prospective agreements to refer any differences which may hereafter arise. By that section, whenever, in spite of such agreement to refer, an action or a suit in equity has been commenced, power is given to the court, on the application of the defendant or defendants after appearance and before plea or answer, if satisfied that there is no reason why such reference to arbitration as agreed on should not be made, and that the defendant is ready and willing to concur in all acts necessary for causing such matters to be decided by arbitration, to make a rule or order staying all proceedings in such action or suit, on such terms as the court may think fit. No injury can be the subject of an arbitration, unless it is such as may be a matter of civil controversy between the parties: a felony, for instance, which is a wrong, not to the party injured merely but to society in general, is incapable of being referred.

There are no particular qualifications required for an arbitrator. In matters of complicated accounts, mercantile men are usually preferred. In other cases, it is generally considered advisable to appoint barristers, who, being accustomed to judicial investigations, are able to estimate the evidence properly, to confine the examination strictly to the points in question, and, in the making of the award, to avoid those informalities for which it might afterwards be set aside. Both time and expense are thus saved by fixing on a professional arbitrator. Any number of persons may be named as arbitrators: if the number is even, it is usually provided that, if they are divided in opinion, a third person shall be appointed, called an umpire, to whose sole decision the matter is then referred. [UMPIRE.]

A dispute may be referred to arbitration, either-1. When there is an action already pending between the parties relating thereto, or 2. When there is no such action.

1. In the former case, the parties to the action, if sui juris, are in general competent to submit to arbitration. The reference may be made at any stage of the proceedings; if an action is pending, it is effected by a rule of the court in which the action is brought, or by a judge's order, in which case it may be made a rule of court even after the submission has been revoked by one of the parties; if at the trial, by an order of Nisi Prius, with the consent of both parties by their counsel and attorneys. The usual mode of proceeding then is for the parties to have the jury sworn, and to consent that a verdict shall be given for the plaintiff for the damages laid in the declaration, subject to the award of the arbitrator. This is essentially necessary in bailable actions, otherwise the bail would be discharged by the reference. By the 17 & 18 Vict. c. 125, among other important alterations on the subject of arbitration, the third and sixth clauses have given extended powers to the judge engaged upon the trial of any issue of fact; by the third section the court or judge, upon the application of either party at any time after the issuing of the writ, may, if satisfied that the matter in dispute consists wholly or in part of accounts, order it to be referred to arbitration; and by the sixth clause, if it shall appear

to him that the questions arising thereon involve matter of account which cannot conveniently be tried before him, he may, at his discre tion, order it to be referred to arbitration either as to all or part of the matters in dispute.

The person named as arbitrator is not bound to accept the office, nor, having accepted, can he be compelled to proceed with it. In either case, if the arbitrator refuses or ceases to act, the reference is at an end, unless the contingency has been provided for in the submission, or unless both parties consent to appoint some other person as arbitrator in his stead.

Previously to the statute 3 & 4 Will. IV. c. 42, the authority of the arbitrator. was revocable by either party at any time before the award was made; but by that statute it is declared that the authority of an arbitrator cannot be revoked by any of the parties without the leave of the court or a judge: but it is still determined by the death of any of the parties, unless a clause to obviate this is inserted in the submission; and if one of the parties is a single woman, her marriage, being in law a civil death of all her rights, will have the same effect. The order of reference usually provides that the award shall be made within a certain period; and if the arbitrator lets the day slip without making his award, his authority ceases, but a clause has usually been inserted to enable the arbitrator to enlarge the term: and now also by 17 & 18 Vict. c. 125 § 15, where an arbitrator is acting under any document or compulsory order of reference, he is directed to make his award within three months after the period of his appointment, unless the parties themselves have by consent enlarged the term for making the award, or the court or any judge thereof have from time to time enlarged the term. The authority of an arbitrator likewise ceases as soon as he has made or declared his award; but by statute 17 & 18 Vict. c. 125 $ 8, power is given to the court or judge at any time, and from time to time, to remit the matters referred to the reconsideration and redetermination of the arbitrator.

When the arbitrator has accepted his office, he fixes the time and place for the parties to appear before him. Each of them furnishes him with a statement of his case, which is usually done by giving him a copy of the briefs on each side; and on the day appointed he proceeds to hear them (either in person, or by their counsel or attorneys), and to receive the evidence on each side, nearly in the same manner as a judge does at an ordinary trial: he is also invested by the order of reference with a power of examining the parties themselves if he think fit; but as by recent legislation the parties to suits, actions, or other proceedings in courts of law, are not merely competent, but are com pellable, to give evidence for or against each other, it would appear to be the arbitrator's duty to examine the parties if required, even, it would seem, in cases where no action is pending.

No means existed of compelling the attendance of witnesses, or the production of documents, before an arbitrator, until the statute 3 & 4 Will. IV. c. 42, authorised the court or a judge to make an order to that effect; disobedience to which order, if served with proper notice of the time and place of attendance, becomes a contempt of court. The witnesses, thus compelled to attend, are entitled to their expenses in the same manner as at a trial. And where the order requires the witnesses to be examined upon oath, the arbitrator is by the same statute authorised to administer an oath or affirmation, as the case may require; and any person giving false evidence may be indicted for perjury.

The extent of an arbitrator's authority depends on the terms of the reference: it may either be confined to the action pending between the parties, or it may include any other specified grounds of dispute, or all disputes and controversies whatever existing between them at the time of the reference. Where the matters referred to him are specified, it is his duty to decide upon them all where they are not specified, it is his duty to decide upon as many as are laid before him. In no case is an arbitrator authorised to adjudicate upon anything not in fact comprehended in the reference; such, for instance, as any claims or disputes which may have arisen after the reference was made, or, where the reference is specific, anything not expressly included in it. As nothing can be referred by the parties but the differences existing between themselves, an arbitrator can have no authority to bind any one who is not a party to the reference.

An arbitrator being a judge appointed by the parties themselves for the final settlement of their differences, his decision on the merits of the case submitted to him is conclusive; the question is set at rest, and never can be agitated between them again. But if his award be partially or illegally made, the superior courts have the power of setting it aside, upon application being made within the first seven days of the term next following the publication of the award to the parties. This happens either, 1. Where the award is not co-extensive with the arbitrator's authority; or 2. Where it appears on the face of it to proceed on mistaken views of law, or to fail in some of the qualities required for its validity [AWARD]; or, 3. Where any misconduct has been committed. This may happen in two cases: 1st, Where the arbitrators have been guilty of corruption or other misbehaviour, as, if they have proceeded to arbitrate without giving notice of the meeting, have improperly refused to receive evidence, or committed any other gross irregularity in practice; 2dly, Where it is proved that the arbitrator has been misled by fraud used by either of the parties. Where an award is absolutely void, as where it is made after the

authority of the arbitrator has ceased, it is not in general necessary to set it aside, as it is incapable of being enforced.

When the award has been made and delivered, if one of the parties refuses to comply with it, the other may bring an action against him on the award. But the most prompt and efficient remedy is to apply to the court for an attachment, grounded on the contempt of court which he has been guilty of by disobeying the order of reference. But then the award must contain an order for the arbitrator to pay the money or do the act awarded, for otherwise the not doing of it will be no breach of the rule, and the court cannot grant the attachment. [ATTACHMENT, CONTEMPT.] In opposing this application, the other party may insist on any objection apparent on the award itself; but if there were any other objections affecting its validity, and he has neglected to apply to the court to set it aside within the time fixed by them for that purpose, it is too late for him to avail himself of them. It would appear, from some recent cases, that where there is a doubt as to the validity of an award, the court will neither enforce it by attachment nor set it aside, but leave the party to his remedy by action. When, in the original action, a verdict has been taken, subject to an award or certificate, the party in whose favour the award is afterwards made, or certificate granted, may have the postea indorsed on the Nisi Prius record; and may, without any personal service of the award, sign judgment and sue out execution, without any previous application to the court, unless the reference is of the cause and all matters in difference, in which case the defendant is allowed the whole of the term after the making of the award to move to set it aside, until which time the award cannot be enforced.

2. Where no action has been commenced, the parties may refer their differences to arbitration by mutual agreement, either by mutual bonds of submission, or by deed, or by agreement not under seal, or by parol (but a parol or verbal submission cannot be made a rule of court, even with the consent of the parties). In these instruments it is of importance that the consent clause under 9 & 10 Will. III. c. 15, § 1 (referred to below) be introduced in order that the submission may be made a rule of court. Every person capable of making a disposition of his property may be party to such an agreement: no peculiar form is necessary for its validity.

Whether the submission be verbal or in writing, it is in the power of either of the parties to revoke it, and thus put an end to the authority of the arbitrator at any time before the award is made. In order to prevent this, it is usual for the parties to make it a part of their agreement, that they will abide by and perform the award; and if after this either of them should, without sufficient reason, revoke his submission, or otherwise prevent the arbitrator from proceeding with the arbitration, he will be liable to an action for the breach of his agreement.

The time for making the award may be enlarged, if there be a clause to that effect in the agreement of submission, or if all the parties consent to it, but not otherwise. But now, by 17 & 18 Vict. c. 125, § 15, the parties may, by consent in writing, enlarge the term for making the award; and if no period for the enlargement be mentioned, it shall be deemed to be an enlargement for one month. There are no means of compelling the attendance of witnesses, nor has the arbitrator the power of administering an oath; but the witnesses and-if they have agreed to be examined-the parties are sworn either before a judge, or, in the country, before a commissioner. They may, however, be examined without having been sworn, if no objection is made to it at

the time.

The courts cannot enforce performance of the award by attachment; the only remedy is an action on the award itself, or rather on the agreement of submission; unless where the submission being in writing either contains the consent clause above mentioned, or does not contain words purporting that the parties intended it should not be made a rule of court: in which case the party in whose favour the award is made may have his remedy upon it by attachment. The defendant may insist on any objection apparent on the award itself, but where there is any other ground for setting it aside, his only remedy is by a bill in equity.

Thus it will be seen that where the reference is by agreement, many inconveniences occur, particularly from the deficiency of the remedies; but the legislature has enabled parties to put such references on the same footing as those which are made where a cause is depending, by enacting, by 9 & 10 Will. III. c. 15, § 1, that they may agree that their submission (which it is held in this case must be in writing) shall be made a rule of any of her majesty's courts of record (and in practice courts of equity have long enjoyed concurrent jurisdiction), and insert such agreement in their submission; and this submission may at any time afterwards be made a rule of court, by producing the affidavit of its execution made by a witness thereto. Moreover, by the stat. 17 & 18 Vict. c. 125, § 17, there is a further provision on this subject, by which any agreement or submission in writing may be made a rule of court, unless a contrary intention appear in such agreement or submission. The provisions of the statutes 3 & 4 Wm. IV. c. 41, and 17 & 18 Vict. c. 125, apply as well to arbitrations made in pursuance of such agreements of submission, as to those made by order of court; and the law is the same in both cases, except in some few points of practice.

The settlement of disputes by arbitration seems to have enjoyed in all ages a high degree of public favour. Aristotle, to give an instance of a metaphor that is appropriate without being obvious, quotes a passage from Archytas, in which he compares an arbitrator to an altar, as being a refuge for the injured. (Arist. 'Rhetor.' lib. iii. ch. xi.) There were at Athens two modes of proceeding which passed by the name of arbitration-the Greek word for which is diæta (díaira). In the first of these the proceedings were of two kinds, first, when two parties agreed by a regular contract to refer a matter in dispute to a judge or judges selected by them; secondly, when a cause was brought before a public arbitrator in regular course of law. Except in one point, that of non appeal, which seems to have been the rule applicable to the former of these two kinds, there was no difference between them; the arbitrator in each case being subject to the same liabilities, and standing in the same relation to the parties, and the form of proceeding being the same (Dem. c. Meid.'). The arbitrators appear to have constituted what in modern jurisprudence would be called a Court of Reconcilement. A certain number of persons, of a specified age, were annually chosen from each tribe, as official referees; and from among these the arbitrators to decide upon each particular case were afterwards also chosen (Petit. Leges Atticæ,' p. 345; Dem. 'c. Meid.;' Heraldi de Rerum judicatarum auctoritate,' lib. ii. c. iv. s. iv.,) and were then bound to act under pain of infamy. They sat in a public court, and their judgments were subscribed by the archons. (Petit. p. 346.) An appeal lay from their decision to the ordinary courts; and sometimes the arbitrator referred the cause to their judgment at once, without pronouncing any sentence of his own. (Heraldi de Rer. judic. auctor.' lib. ii. c. iv. s. iv.) In either case, all the writings connected with the trial were sealed up and delivered to the court before which the cause was brought. And it is said that originally no action could be introduced into the ordinary courts without having been first carried before the Court of Arbitrators. (Petit. p. 345; Pollux, viii. 10.) Their jurisdiction, however, was confined to Athenian citizens, and they took no cognizance of suits in which the sum in dispute was less than ten drachmæ, such smaller actions being disposed of in a summary manner by a special tribunal. (Ibid.) The litigant parties paid the expenses of the arbitration. (Boeckh, Public Econ. of Athens,' i. 316, English Trans.) When their year of office expired, the arbitrators were liable to be called on for an account of their conduct, and if found guilty of corruption or misconduct, were punished with infamy.

In the other mode of proceeding, which was strictly in accordance with the definition which we have given of arbitration, the parties were at liberty to refer their differences to whomsoever they chose, and such referees were therefore distinguished by the title alpero, who were not, however, selected from the diætete of the tribes. The submission was generally made by a written agreement signed by the parties, which frequently contained an engagement by third persons to become sureties for its performance. (Demosthenes's 'Speech against Apaturius,' chap. 4.) The arbitrator was not required to adhere to a rigid interpretation of the law, but might decide according to the individual merits of the case before him. (Arist. 'Rhet.' i. 14.) There lay no appeal from his award to any other tribunal whatever. Though an instance is to be found in Demosth. (c. Apat.') of a party having persuaded his opponent to leave a matter to the arbitration of three persons, and afterwards finding that they were likely to decide against himself, going before one of the public arbitrators. (See the law quoted by Demosthenes against Meidias, chap. 26.) On the subject of the Diætetæ, see Dictionary of Greek and Roman Antiquities,' art. Diætetæ, and Hudtwalcher Ueber die öffentlichen und privat Schiedsrichter Diäteten in Athen, und den Process vor denselben.'

The Roman law upon this subject is much better understood, and is of infinitely greater importance. Its influence has extended over the whole of Europe, and even in our own country it is evident that references made by virtue of a mutual agreement-apparently the first species of arbitration known in our law-are mainly founded upon the doctrines contained in the Digests' of Justinian, lib. iv. tit. 8. The only mode of referring a matter to arbitration in the Roman law, was by an agreement called compromissum, which contained the names of the arbitrators (hence called arbitri compromissarii), the matters intended to be referred, and an undertaking by both parties to abide by the award, or in default thereof to pay to the other a certain sum of money as a penalty. The rule which forbids matters of public interest to be submitted to the judgment of a private referee, was not confined in its operation to criminal prosecutions and penal actions only, but extended to these arbitrations, by allowing the arbitrator the power of refusing to entertain (rector non compellatur sententiam dicere), any question affecting the civil condition (status) of any individual, his freedom, for instance, as well as by withdrawing from his decision all questions arising out of the actiones populares, and out of actions in which an adverse verdict would result in infamia.

The persons named as arbitrators were not bound to undertake the office, but having once done so, they might, by an application to the prætor, be compelled to go through with it. Their authority was, however, terminated by the death of either of the parties, unless his heirs were included in the submission; by the expiration of the time limited for the decision; by either party having broken the agreement, and so incurred the penalty; or by his becoming insolvent, and his property in consequence of a cessio bonorum being vested in his creditors.