778 THE HOME, FARM AND BUSINESS CYCLOPAEDIA. 



matter which the parties may adjust by agreement, or which may be made 

 the subject of a suit at law, may be determined by arbitration. Crimes 

 cannot be made the subject matter of an arbitration. 



Questions may be submitted for arbitration in the following ways : 



1. By paroL 



2. By writing. 



3. Under the statute, which must be done if the parties are desirous of 

 availing themselves of its provisions. (This is, where a suit is pending.) 



4. By ride of court, which occurs when an action is pending in court 

 and the parties agree to take it before arbitrators, in accordance with an 

 order of the court. 



5. By deposit of notes. 



A person may be selected as arbitrator, notwithstanding his natural in- 

 capacity or legal disability to make contracts, 



The arbitrators must fix the time and place of hearing, and give due 

 notice of the same to the parties. They must be sworn, if the statute re- 

 quires an oath, unless such oath is waived by the parties themselves. In 

 the matter of hearing evidence the statute must be followed. 



The arbitrators may adjourn from time to time, provided the time does 

 not extend beyond the period appointed for the delivery of the award. 



In arbitrations the parties are entitled to the aid of counsel, the same 

 as they would be in court. 



After a fair submission and a legal award, the matter submitted cannot 

 be litigated on, any more than if it had been settled by a judgment. 



An award may be impeached where it has been procured by corruption, 

 fraud, or other undue means ; by misconduct, corruption or irregularity 

 on the part of the arbitrators when the arbitrators acknowledge they have 

 made a mistake in their decision ; where the arbitrators have exceeded their 

 powers ; where pertinent and material evidence was rejected, etc. If 

 either party revokes the submission, he will be liable for an action for 

 breach of contract, and the payment of damages to the other party. 



ARKEST. 



The defendant in a civil action may be arrested under Revised Statutes 

 (Ont.) cap. 67, also in an action wherein the judgment requires the perfor- 

 mance of an act, the neglect or the refusal to perform which would be 

 punishable by the court as contempt. 



The defendant, when arrested, may give bail. 



