Page:The American Cyclopædia (1879) Volume I.djvu/673

ARBITRATION AEBLAY 637 states. In several of the states it is also pro- vided that an award may be vacated by the courts for any legal defects appearing on its face. The chief vice or weakness in the pro- ceeding by arbitration is the power which either party has to revoke the authority given by him to the arbitrators. The only practical penalty for such a breach of the agreement, and even when there are bonds fixing precise sums by way of liquidated damages, is that the party who revokes must pay the expenses incurred by the other up to the revocation. In some of the states, as in Massachusetts and Maine, the statutes provide that neither party shall revoke the submission without the consent of the other. But in other states, as in New York and Missouri, the only restraint is, that no revocation shall be made after the cause is finally submitted to the arbitrators upon the evidence. The death of a party pending the proceedings operates as a revocation, unless it be expressly provided otherwise by the sub- mission, or, as is the case in some of the states, by statute. A submission suspends, and an award bars, the right of suit on the original cause of action. The award must be made within the time directed by the agreement, and it is a nullity if made after that time, unless the parties consent to an extension of the time. The power of the arbitrators is exhausted by delivery of the award, and though hi making it they have exceeded their powers or otherwise erred, they cannot recall it or make another one. The courts have repeatedly held that when not limited by the terms of the submis- sion, the decisions of the arbitrators upon law and fact alike, provided that they act within the scope of their authority, are conclusive. If the award is within the submission, and contains an honest and fair decision, a court of equity will not set it aside for error either in law or in fact. Judge Story and other high judicial authorities have further declared that arbitrators are not bound to award upon the mere dry principles of law applicable to the case before them, but may make their award upon principles of equity and good conscience. On the other hand, if the submission expressly provides that the case shall be decided accord- ing to the law, and the arbitrators make a mis- take in that respect, this will subject the find- ing to revision by a court. In Pennsylvania, under a statute enacted in 1836, either party to a civil action may compel a submission of it to arbitrators by filing a rule in the prothono- tary's office calling for such a reference, and by serving a copy of the rule on his opponent. The number of the arbitrators, three or five or one, is fixed by the parties, or, if they cannot agree, by the prothonotary. The parties then by alternate nominations select the arbitrators; but if they cannot agree upon these, the pro- thonotary makes up a list containing five names for each of the number of the arbitra- tors, from which the parties alternately select the requisite number. In England a statute of 1867 provides for councils of conciliation and arbitration, which may be formed by mas- ters and their workmen. These councils exer- cise powers grafted by former statutes of simi- lar tenor (1 Victoria, ch. 67, and 8 and 9 Vic- toria, ch. 77, 128), and by the present statute are authorized to hear and determine all ques- tions of dispute and difference between the workmen and their masters ; and their awards are final and not subject to review or challenge in any court. No attorneys, solicitors, or counsel are allowed to attend any hearing before the councils, without the consent of both sides. The courts of prudhommea are courts of a similar sort in France. They are established in Paris and Lyons and some of the other large cities, and take cognizance of disputes between master manufacturers and their work- men, and between workmen and their appren- tices. The court is composed of master work- men or manufacturers and of foremen, six of each, one half of the number going out each year. The court acts first as a court of conciliation ; and if it fails to bring the parties to an agree- ment, it has jurisdiction to the amount of 200 francs without appeal, and to any higher amount subject to appeals to a tribunal of commerce. IHs said that almost all the cases brought before these courts are settled by con- ciliation. ARBLAT, Madame d' (FRANCES BUKNEY), an English novelist, daughter of Charles Burney, born at Lynn in June, 1752, died Jan. 6, 1840. In her childhood she was silent and timid, and was considered uncommonly dull. In 1760 her father removed to London, and was much sought as a music teacher. After her mother's early death Frances was left to educate herself. Dr. Johnson was her father's friend, and Garrick his frequent guest, and the brilliant social cir- cle in which he moved afforded rich material for genius to work upon. Miss Burney soon gave evidence that she rightly appreciated her privileges. In 1778 her novel "Evelina" was published, under an assumed name, by a Mr. Lowndes, who gave her 20 for the copyright. Though the author of the book was unknown, and the publisher was not eminent, its suc- cess was marvellous, and Miss Burney was at once classed among the first writers of fiction. "Evelina" was followed by a comedy, "The Witlings," which was never acted, nor even printed, and hi 1782 appeared the novel of " Cecilia," which was successful. Three years after this she was appointed keeper of the queen's robes. After five years' service she resigned this post on account of her failing health, and in 1793 married Alexandre Richard d'Arblay, a French artillery officer, whom the revolution had made an exile. In 1796 " Ca- milla " was published in five volumes, bringing the author a handsome sum of money, but no increase of fame. Ten years, 1802-'12, she passed in Paris, her husband having given in his allegiance to Napoleon's government. At the expiration of this term she returned alone