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 court refused to stop the arbitration on the mere ground that he was the client of a firm of solicitors, the conduct of one of whom was in question (Bright v. River Plate Construction Co., 1900, 2 Ch. 835).

Under the law prior to the act of 1889 (a) an agreement to refer disputes generally, without naming the arbitrators, was always irrevocable, and an action lay for the breach of it, although the court could not compel either of the parties to proceed under it; (b) an agreement to refer to a particular arbitrator was revocable, and if one of the parties revoked that particular arbitrator’s authority he could not be compelled to submit to it; (c) when, however, the parties had got their tribunal fixed, and were proceeding to carry out the agreement to refer, the act 9 and 10 Will. III. c. 15 provided that the submission might be made a rule of court, a provision which gave the court power to assist the parties in the trial of the case, and to enforce the award of the arbitrators; (d) the statute 3 and 4 Will. IV. c. 42 (s. 39) put an end to the power to revoke the authority of a particular arbitrator after the reference to him had been made a rule of court; and—a liability which existed also under the act of 9 and 10 Will. III. c. 15—any person revoking the appointment of an arbitrator after the submission had been made a rule of court might be attached. The Arbitration Act 1889 provides that a submission, unless a contrary intention is expressed in it, is irrevocable except by leave of the court or a judge, and is to have the same effect in all respects as if it had been made an order of court. The object of this enactment was to save the expense of making a submission a rule of court by treating it as having been so made, and it leaves the law in this position, that while the authority of an arbitrator, once appointed, is irrevocable, there is no power—any more than there was under the old law—to compel an unwilling party to proceed to a reference, except in cases specially provided for by sections 5 and 6 of the act of 1889. The former of these sections deals with the power of the court, the latter with the power of the parties to a reference, to appoint an arbitrator in certain circumstances. Section 5 provides that where a reference is to be to a single arbitrator, and all the parties do not concur in appointing one, or an appointed arbitrator refuses to act or becomes incapable of acting, or where the parties or two arbitrators fail, when necessary, to appoint an umpire or third arbitrator, or such umpire or arbitrator when appointed refuses to act, or becomes incapable of acting, and the default is not rectified after seven clear days’ notice, the court may supply the vacancy. Under section 6, where a reference is to two arbitrators, one to be appointed by each party, and either the appointed arbitrator refuses to act, or becomes incapable of acting, and the party appointing him fails, after seven clear days’ notice, to supply the vacancy, or such party fails, after similar notice, to make an original appointment, a binding appointment (subject to the power of the court to set it aside) may be made by the other party to the reference. The court may compel parties to carry out an arbitration, not only in the above cases by directly appointing an arbitrator, &c., or by allowing one appointed by a party to proceed alone with the reference, but also indirectly by staying any proceedings before the legal tribunals to determine matters which come within the scope of the arbitration. Where the agreement to refer stipulates that the submission of a dispute to arbitration shall be a condition precedent to the right to bring an action in regard to it, an action does not lie until the arbitration has been held and an award made, and it is usual in such cases not to apply for a stay of proceedings, but to plead the agreement as a bar to the action (Viney v. Bignold, 1887, 20 Q.B.D. 172). The court will refuse to stay proceedings where the subject-matter of the litigation falls outside the scope of the reference, or there is some serious objection to the fitness of the arbitrator, or some other good reason of the kind exists.

An arbitrator is not liable to be sued for want of skill or for negligence in conducting the arbitration (Pappa v. Rose, 1872, L.R. 7 C.P. 525). When a building contract provides that a certificate of the architect, showing the final balance due to the contractor, shall be conclusive evidence of the works having been duly completed, the architect occupies the position of an arbitrator, and enjoys the same immunity from liability for negligence in the discharge of his functions (Chambers v. Goldthorpe, 1901, 1 Q.B. 624). An arbitrator cannot be compelled to act unless he is a party to the submission.

An arbitrator (and the following observations apply mutatis mutandis to an umpire after he has entered on his duties) has power to administer oaths to, or take the affirmations of, the parties and their witnesses; and any person who wilfully and corruptly gives false evidence before him may be prosecuted and punished for perjury (Arbitration Act 1889, sched. i. and s. 22). At any stage in the reference he may, and shall if he be required by the court, state in the form of a special case for the opinion of the court any question of law arising in the arbitration. The arbitrator may also state his award in whole or in part as a special case (ib. s. 19), and may correct in an award any clerical mistake or error arising from an accidental slip or omission. The costs of the reference and the award—which, under sched. i. of the act, must be in writing, unless the submission otherwise provides—are in the arbitrator’s discretion, and he has a lien on the award and the submission for his fees, for which—if there is an express or implied promise to pay them—he can also sue (Crampton v. Ridley, 1887, 20 Q.B.D. 48). An arbitrator or umpire ought not, however, to state his award in such a way as to deprive the parties of their right to challenge the amount charged by him for his services; and accordingly where an umpire fixed for his award a lump sum as costs, including therein his own and the arbitrators’ fees, the award was remitted back to him to state how much he allotted to himself and how much to the arbitrators (in Re Gilbert v. Wright, 1904, 20 Times L.R. 164). But in the absence of evidence to show that the fees charged by arbitrators or umpire are extortionate, or unfair and unreasonable, the courts will not interfere with them (Llandrindod Wells Water Co. v. Hawksley, 1904, 20 Times L.R. 241).

If there is no express provision on the point in the submission, an award under the Arbitration Act 1889 must be made within three months after the arbitrator has entered on the reference, or been called upon to act by notice in writing from any party to the submission. The time may, however, be extended by the arbitrator or by the court. An umpire is required to make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or any later day to which he may enlarge it. The court may by order remit an award to the arbitrators or umpire for reconsideration, in which case the reconsidered award must be made within three months after the date of the order.

An award must be intra vires: it must dispose of all the points referred; and it must be final, except as regards certain matters of valuation, &c. (see in Re Stringer and Riley Brothers, 1901, 1 K.B. 105). An award may, however, be set aside where the arbitrator has misconducted himself (an arbitrator may also be removed by the court on the ground of misconduct), or where it is ultra vires, or lacks any of the other requisites—above mentioned—of a valid award, or where the arbitrator has been wilfully deceived by one of the parties, or some such state of things exists. An award may, by leave of the court, be enforced in the same manner as a judgment or decree to the same effect. Under the Revenue Act 1906, s. 9, a uniform duty of ten shillings is payable on awards in England or Ireland, and on decreets arbitral in Scotland.

Provisions for the arbitration of special classes of disputes are contained in many acts of parliament, e.g. the Local Government Acts 1888, 1894, the Agricultural Holdings (England) Acts 1883 to 1906, the Small Holdings and Allotments Act 1907, the Light Railways Act 1896, the Housing of the Working Classes Act 1890, the Workmen’s Compensation Act 1906, &c.

The Conciliation Act 1896 provides machinery for the prevention and settlement of trade disputes, and in 1892 a chamber of arbitration for business disputes was established by the joint action of the corporation of the city of London and the London chamber of commerce. At the time when the London chamber of arbitration

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A penny dreadful (also called penny horrible, penny awful, penny number and penny blood) was a type of British fiction publication in the 19th century that usually featured lurid serial stories appearing in parts over a number of weeks, each part costing one penny. The term, however, soon came to encompass a variety of publications that featured cheap sensational fiction, such as story papers and booklet "libraries". The penny dreadfuls were printed on cheap pulp paper and were aimed primarily at working class adolescents.

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is a practical work on practical handicrafts, and it is published in the confident belief that it is by far the most exhaustive book on these subjects hitherto produced. Throughout this book actual practice is recorded; mere discussion of theory has been excluded, except where it is essential in explaining the principles underlying a method, a process, or the action of a tool. The tools and processes described are those commonly found in daily use in the workshop. The expert and well-informed reader will of course make due allowance for the great diversities of trade practice in different localities.

Much of the matter appearing in these pages has been written and illustrated by eminent authorities such as Mr. C. W. D. Boxall, Prof. Henry Adams, Mr. F. W. Loasby, and several other well-known practical contributors to "Building World." The names of these experts are a guarantee of competency and thoroughness.

Students preparing for examinations in which Carpentry and Joinery are involved will welcome this as a text book of the utmost value and importance; and its intensely practical character—in every possible instance the information is imparted by investigating, describing, and illustrating cases that have occurred in actual experience—renders the work extremely useful as a guide to everyday practice, as the volume includes virtually everything that relates to the materials, processes, principles, and practice of Carpentry and Joinery.

The comprehensive scope of the work is evident from a glance at the list of contents. Each of the various sections is dealt with in exhaustive detail, some of the sections extending to nearly 100 pages ; and the studiously plain language used throughout the book is further assisted by the use of skilfully drawn diagrams, which are supplemented by twelve full-page coloured plates.

P. N. HASLUCK.


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Encyclopædia Britannica, Ninth Edition/Connecticut

CONNECTICUT (Indian, Quonektacat, i.e., Long River), one of the six New England, and one of the thirteen original, States of the American Union, lies between 41° and 42° 3' N. lat., and 71° 55' and 73° 50' W. long.

Sketch Map of Connecticut.

Physical Description.—It is bounded N. by Massachusetts about 88 miles; E. by Rhode Island, 45 miles; S. by Long Island Sound, 100 miles; W. by New York about 68 miles (in a direct line). The S.W. corner projects along the Sound under New York for about 13 miles. The area is 4750 square miles, or one-tenth of that of New York. The State lies on the S. slope of the hilly regions of New England, with a general surface much diversified; there is, however, no land above 1000 feet in elevation. Besides the Connecticut, two other large rivers flow from the N. into the Sound—the Housatonic and the Thames. The Connecticut is the largest river in New England, rising on the N. border of New Hampshire, 1600 feet above the sea, flowing S.S.W., separating Vermont and New Hampshire, crossing the W. part of Massachusetts, and central part of Connecticut, flowing S.S.E. below Middletown, and falling into the Sound at Say brook. Its length is more than 400 miles, with a width in Connecticut varying from 500 to 1000 feet. It is navigable to Middletown (30 miles) for vessels drawing 10 feet, and to Hartford (50 miles) for those drawing 8 feet. Its principal tributary in Connecticut is the Tunxis, or Farmington, which flows S.E. from the slopes of the Green Mountains in Massachusetts, then abruptly N., and, breaking through the trap range, S.E. again to the Connecticut River at Windsor, instead of taking its seemingly natural course to New Haven, whither a part of its waters were formerly carried by the Farmington Canal. The E. part of the State is drained by the Thames, which is formed by the Yantic and Shetucket,—the Quinnebang joining tho latter about two miles above. It is navigable to Norwich for the Sound steamers and West India trading vessels. In the W. part of the State is the Housatonic, with its main branch—the Naugatuck—which joins it at Derby. To this place it is navigable for small vessels. Besides these large streams there are very many smaller ones, affording, in their rapid descent from the hills, an immense, amount of water power. Geologically the State

is chiefly Eozoic, excepting the Triassic Sandstone and post- Tertiary terraces of the Connecticut River valley. There are several well-defined ranges of hills. Of these the Housatonic Hills are the most westerly, and extend along that river to the coast. The Green Mountain range, running S. from Vermont, terminates near New Haven. The Blue Hills of Southington—the highest in the State—are a part of the Mount Tom range of Massachusetts, and lie between the Green Mountain range and the Connecticut River. On the E. side of the river is a fourth range which the river crosses at Chatham. While the hills run N. and S., it is noticeable that the three main rivers bend (and on about the same parallel) to the S.E. The ridges and dikes of trap are exceedingly numerous through the centre of the State, having been forced up through the red sandstone which is found underlying and on the borders of the trap. These ridges have abrupt columnar W. fronts and gentle E. slopes. The mineral wealth of the State is considerable. Copper is found in the Simsbury mines at Granby, and at Bristol; but these mines have lost their former importance since the working of the abundant and purer ores of Lake Superior. Iron ore is found in great quantities in Salisbury, Kent, Sharon, Cornwall, and Canaan, and has been worked for 125 years. Limestone and marble of the very best quality are found at Canaan, Washington, and Milford. At Portland and Cromwell, on both sides of the Connecticut River, are the well-known immense quarries of freestone largely in demand for building. The excellent slate flagging from Bolton and Haddam is abundant in supply, and in great demand. Granite, gneiss, hydraulic lime, tiling slate, clay (fire, potters', and porcelain), and sulphate of barytes are found in great quantities. There were twenty extensive quarries and mines in the State in 1870. There are over 100 miles of deeply indented coast on the Sound (which measures 140 miles by 24 miles), affording excellent harbours. The chief of these are Stonington, New London, Saybrook, New Haven, Bridgeport, and Fairfield. The harbour at New London is one of the best in the country, capacious, and never frozen over. The climate of the State, while very changeable, is very healthful,—the mortality being below the average of the other States. There is scarcely any spring season, but summer opens abruptly about May 3, and the cold weather begins in November. The winters, with their keen N.W. winds, are severe, but the serenity of the sky and dryness of the air make some compensation. The mean temperature for the year is 48° Fahr. Consumption is the most fatal disease, causing 16 per cent. of all the deaths. The vegetation is rich and varied. The most abundant trees are chestnut, walnut, birch, oak, elm, maple, beech, and ash. The forests have been recklessly cut away, and only patches of woodland remain; but the people are waking up to the importance of tree-planting. As for zoology, songbirds of all sorts are plentiful, and the grouse and woodcock are increasing under the game laws, after having been nearly killed out. The Sound abounds in the best qualities of fish and shell-fish, while the freshwater varieties of the former are found in great quantities in the rivers and ponds, Aside from these there are few animals of importance save the domestic ones.

''Population. Divisions''.—The State is divided into 8 counties:—Hartford, New Haven, New London, Fairfield (all incorporated in 1666), Windham (1726), Litchfield, (1751), Middlesex, and Tolland (1785). New London, Middlesex, New Haven, and Fairfield occupy the lower half of the State, bordering on the Sound; the others occupy the other half, adjoining Massachusetts. The number of towns in 1876 was 167; and there were ten cities:—Hartford, the capital (population in 1870, 37,180), New Haven (50,840), Bridgeport (18,969), Norwich (16,653),

(10,826), Middletown (6923), Meriden (10,521), New London (9576), New Britain (9480), and South Norwalk. There were also 17 boroughs largely engaged in industry, of which the chief are Birmingham, Danbury, Danielsonville, Fairfield, Stamford, Stonington, Willimantic, and Winsted. The population of the State in 1679 was 12,535; in 1774 it had risen to 197,856; and from 1790 it was as follows (the last column showing its place among the other States as regards population):

In 1870 there were about 7000 more females than males. About one-fifth of the population were foreign born, chiefly Irish, German, English, French, Canadian, and Scotch. It is the third State in the density of its population (113.15 to the square mile), Massachusetts (186) and Rhode Island (208) exceeding it, while New York follows next (87). In 1875 the births were 14,328 (141 illegitimate); marriages, 4385 (below the average for the last 11 years); deaths, 9833 (25 per cent. from diseases of the respiratory organs); divorces, 476 (one for every 9.21 marriages solemnized; the average for 12 years is 455). The laws regarding divorce are very lax.

Industry and Finances.—Of the total population over ten years of age in 1870 (425,896), there were engaged in all occupations, 193,421; chiefly classed as—in agriculture, 43,653; in professional and personal service, 38,704; in trade, 24,720; and in manufactures, 86,344. There is very little soil that can be called good, except in the river valleys, and agriculture is as backward as in other parts of New England. The hills through the State furnish excellent pasturage and cheap fuel. The chief cultivated fruits are apples, pears, grapes, and the numerous kinds of berries. The principal crops are hay, oats, rye, corn, potatoes, and tobacco; and in the Connecticut River valley (extending, in this State, 30 miles N. of Middletown, and 20 miles wide) farming is very productive. The tobacco raised in the valley is said to be superior to any other. In the uplands dairy products and cattle raising are the chief resources of the farmer. There were in 1870, 25,508 farms, having 1,646,752 acres of improved land, and 717,664 acres unimproved, of which 577,333 were woodland. The value of these farms was 124,241,382. Though the number of farms has increased since 1850 and 1860, yet the acreage devoted to them has decreased, as has also the cultivated farm land in proportion to the uncultivated. The farms are passing into the hands of the Irish and Germans, who do their own work and live with few comforts. Pisciculture is receiving much attention, commissioners having been appointed in 1866, who have well stocked the ponds and rivers. Black-bass, trout, and shad have been very successfully cultivated, and it is hoped as much can be done with salmon. Notwithstanding the extensive sea coast and fine harbours, the foreign commerce is not heavy, the coast trade and fisheries being more important. There are in the State five custom districts, of which the ports of entry are Fairfield, Middletown, New Haven, New London, and Stonington. The imports from foreign countries and domestic exports for the year ending June 30, 1875, were as follows:—

The chief articles of export were grain, fire-arms, provisions, and manufactures of wood. Of the total number of enrolled, registered, and licensed vessels (820), 718 were sailing vessels, with a tonnage of 53,329, and 78 were steam vessels, with a tonnage of 26,550. The fisheries are carried on from New London and Stonington. In 1875, there were 173 vessels engaged in the cod and mackerel fisheries, with a tonnage of 3756; and in the whale fishery 14, with a tonnage of 2050—a great reduction on the decade from 1850 to 1860. Engaged in coastwise trade and fisheries, there entered 2257 vessels and cleared 1678. In foreign trade there entered 161 and cleared 102. In 1870, 1001 persons were engaged in fisheries, and the annual product was $769,799. Ship-building is a considerable industry. In 1875, 34 vessels were built of 5915 tons. The great industry of the State is in manufactures. These are exceedingly numerous and very productive, and most of them such as require ingenuity and intelligence on the part of the workmen. The chief industries and some of their statistics in 1870 were:—

Government.—Connecticut is represented in the National Congress by two senators and four representatives, and

has now six votes in the Presidential electoral college. The State constitution provides distinct executive, legislative, and judicial powers. The chief officer, or governor, must be over thirty years of age. A majority vote in each house of the legislature carries a bill over his veto. His salary is $2000. The legislature, or General Assembly, consists of a senate and house of representatives, and meets annually on the Wednesday after the first Monday in January. The senate consists of not less than 21, or more than 24, members from districts determined by the General Assembly according to population. The representatives are two from each town incorporated before 1785 or having over 5000 inhabitants, and one from every other. The senators now number 18, the representatives 244. Each legislator is paid $300 a year. There is much special and excessive legislation. All elections are by ballot. Representatives are elected annually, and the general State officers and senators biennially, on the Tuesday after the first Monday in November. Any male citizen of the United States, aged twenty-one, who shall have resided in the State one year, and in the town where he offers to vote, six months, and who can read any article of the constitution, is entitled to vote. The pardoning power is vested in the Assembly. The judicial power is vested in the following courts:—A supreme court of errors, consisting of a chief and four associates; a superior court, consisting of six judges, together with the five of the court of errors. These are all chosen for eight years by the Assembly, but are disqualified on attaining the age of seventy. They may be removed by impeachment, or by the governor on a two-thirds address of each house. Their salary is $4000 each. There are also five courts of common pleas, presided over by a single judge, chosen for four years by the Assembly, with a salary of $2500. There are inferior courts in certain cities and boroughs, with judges chosen biennially by the Assembly. Numerous justices of the peace are elected biennially by the people of the towns where they live. Probate courts are held in each district, of which there are 113; the judges are elected biennially by the people. A somewhat faulty revision of the General Statutes of the State was made in 1875. A peculiarity of the State is that, when cities are formed, they still remain (frequently) parts of towns, and have a double government. The State militia embraced, in 1875, 2636 men, though those liable to serve (viz., between the ages of eighteen and forty-five) numbered 62,103. The governor is commander-in-chief, and under him are a brigadier-general and staff and field officers. The brigade comprises four regiments of infantry (one from each congressional district) and one section of light artillery. Two regiments go into encampment for a week, and the other two have a full parade each year. The arms of the State are—three vines in fruit—2 and 1, all proper—with the motto, “Qui transtulit sustinet.”

History.—The Dutch first explored the country in 1620, but made no settlement till 1633. Then they settled at Hartford, buying of the Pequot Indians, but selling soon after to the English. James I. granted the first English patent to all New England, in 1620, to Lord Say-and-Seal and others. In 1634-36 permanent settlements were made at Hartford, Wethersfield, and Windsor by companies from Massachusetts under a patent from the Plymouth colony, covering the present State and also portions of Rhode Island, Massachusetts, Long Island, and an undefined territory to the west. In 1637 these towns organized an independent government, declared war against the Pequots, and, under Captain J. Mason, nearly destroyed the tribes. In 1638 New Haven and vicinity was settled by an English company under Rev. J. Davenport and Governor Eaton. This colony was united to Connecticut in 1662,

as was Saybrook in 1644. In 1639 Connecticut, chiefly through the influence of the Rev. J. Hooker of Hartford, adopted a constitution. This was “the first one written out, as a complete form of civil order, in the New World, and embodies all the essential features of the constitutions, of the American States, and of the Republic itself, as they exist at the present day. It is the free representative plan which characterizes the country.” In this constitution, and during the administration of it (till 1661), the only authority recognized was the “supreme power of the commonwealth,” and the people were practically independent. When Charles II. came to the throne, J. Winthrop, jun., succeeded, in 1662, in obtaining a most liberal charter, which constituted Connecticut so completely a self-governed colony that no changes were needed in the instrument when she became one of the American States. Nor was it altered till 1818. From 1685 to 1687 James II. made strenuous efforts to take away all the New England charters; and in the latter year, Sir E. Andross, the royally appointed governor, came to Hartford while the Assembly was sitting, and demanded the charter. It was, however, concealed in the famous charter oak; and, at the dethronement of James II. in 1689 (after a year and a half of oppressive rule by Andross), the colonial Government resumed its functions as if nothing had happened. From the union of the colonies, Hartford was the seat of Government till 1701, from which date it shared the honour with New Haven until 1874, when it became the sole capital. The code, commonly called the Blue Laws of Connecticut, is now generally considered to have been a forgery by the Rev. Samuel Peters. The early statutes were not peculiarly severe or intolerant, and no case of execution for witchcraft is known. During the French and Indian wars Connecticut supplied her full quota of soldiers; and, during the revolt of the colonies, she furnished more men in proportion to her population, and more aid in proportion to her wealth, than any other colony. A few days before the Declaration of Independence she instructed her delegates to propose such a measure. The efficient and wise governor at the time, whom Washington used to call Brother Jonathan (Trumbull), has bequeathed his nickname to the country. Connecticut ratified the U.S. Constitution, January 9, 1788, being the fifth colony to do so. She took an active part in the war of 1812, though it cost the ruin of her West India and coasting trade. The present constitution was adopted in 1818, doing away with slavery, and being otherwise remarkable for its liberality and wisdom. It has been considerably amended to meet the needs of increased and differently distributed population, and of industrial progress. Under Governor Buckingham the State took a very prominent part in the civil war of 1861-65. She furnished 54,882 men, mostly for three years; and the war expenses, not only of the State and towns, but of private individuals, were enormous. The administration of the government since has been unusually honest and cautious, owing to the even balance of the political parties who alternate in its conduct. There is no just and complete history of the State, but its records from 1636 are preserved, and furnish the best source of information. The general histories of Bancroft and Palfrey, and the special ones of Trumbull, Hollister, and Barber, present the history very fairly down to the present century. There is a bulky history of Connecticut during the War of 1861-65, by Crofut and Morris. In Hartford is an enterprising Historical Society with some published collections. The Reports of the Board of Education are valuable in this connection. (W. G. A.)


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 was established, there was considerable dissatisfaction among the mercantile community with the delays that occurred in the disposal of commercial cases before the ordinary tribunals. But the special provision made by the judges in 1895 for the prompt trial of commercial causes to a large extent destroyed the raison d’être of the chamber of arbitration, and it did not attain any great measure of success.

(2) The court or a judge may refer any question arising in any cause or matter to an official or special referee, whose report may be enforced like a judgment or order to the same effect. This power may be exercised whether the parties desire it or not. The official referees are salaried officers of court. The remuneration of special referees is determined by the court or judge. An entire action may be referred, if all parties consent, or if it involves any prolonged examination of documents, or scientific or local examination, or consists wholly or partly of matters of account.

United States.—The common law and statute law of the United States as to arbitration bear a general resemblance to the law of England.

All controversies of a civil nature, and any question of personal injury on which a suit for damages will lie, although it may also be indictable, may be referred to arbitration; but crimes, and perhaps actions on penal statutes by common informers may not. The submission may be effected sometimes by parol, sometimes by written instrument, sometimes by deed or deed poll. Capacity to refer depends on the general law of contractual capacity. The law of England as to the capacity to act as an arbitrator and as to objections to an arbitrator on the ground of interest has been closely followed by the American courts. The same observation applies as to the requisites of an award, the mode of its enforcement and the grounds on which it will be set aside. The arbitrator has a lien on the award for his fees; and—a point of difference from the English law—he may sue for them without an express promise to pay (cf. Goodall v. Cooley, 1854, 29 New Hamp. 48). At common law, a submission is generally revocable at any time before award; and it is also, in the absence of stipulation to the contrary, revoked by the death of one of the parties. Provision has been made in Pennsylvania for compulsory arbitration by an act of the 16th of June 1836 (see Pepper and Lewis, Pennsylvania Digest, tit. “arbitration”).

The rules of court also of many of the states of the United States provide for reference through the intervention of the court at any stage in the progress of a litigation. Such submissions are usually declared irrevocable by the rules providing for them.

In addition to voluntary submissions and references by rules of court there are in America, as in the United Kingdom, various statutes which provide for arbitration in particular cases. Most of these statutes are founded on the 9 and 10 Will. III., c. 15, and 3 and 4 Will. IV. c. 42, s. 49, “by which it is allowed to refer a matter in dispute (not then in court) to arbitrators, and agree that the submission be made a rule of court. This agreement, being proved on the oath of one of the witnesses thereto, is enforced as if it had been made at first a rule of court” (Bouvier, Law Dict. s.v. “Arbitration”).

Ample provision is made in America for the arbitration of labour disputes.

Law of France.—Voluntary arbitration has always been recognized in France. In cases of mercantile partnerships, arbitration was formerly compulsory; but in 1856 (law of the 17th of July 1856) jurisdiction in disputes between parties was conferred on the Tribunals of Commerce (as to which see Code de Commerce, arts.

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The New International Encyclopædia/Ass

ASS (A. S. assa, Goth. asilus, Rus. oselŭ, Lat. asinus, probably of Eastern origin; cf. Heb. āthōn, she-ass) or, when domesticated. A member of the family Equidæ, and genus Equus, of horses, zebras, etc. Two species are recognized by Blanford and other specialists—one Asiatic and the other African. Asses resemble zebras rather than horses, in their less size, the presence of callosities on the forelegs alone, and the shortness of the hairs of the mane and tail, the latter (rather long) bearing mainly a terminal tuft. They differ from the zebras in color, in not having stripes (except as hereafter mentioned) and in having somewhat longer ears—but never so long as in the donkey. Both species roam desert regions in small bands, and are extremely hardy, agile, and swift. Their colors are pale, harmonizing with their surroundings, and their voices are between the neighing of the horse and the braying of a donkey. Both are killed for food, and occasionally captured, but are intractable.

. The Asiatic ass (Equus hemionus) is distributed over all the arid interior of Asia, from Syria to eastern Mongolia and northern India, although more restricted now

than formerly by the encroachments of civilization. It was well known to the ancients, who called it onager, hemionis, etc., to which more recent writers have added confusing native names. There appear to be three local varieties of this wild ass. One is the kiang, koulan, or dziggettai, of Tibet and Mongolia, which is the largest, reaching 4 feet in height at the shoulders. It is dark-reddish in color, and has a narrow black stripe from (and including) the mane along the spine to the top of the tail; it inhabits mountains up to the snow-line. The second is the ghorkhar, or onager, frequenting the plains of northwestern India, Afghanistan, and Beluchistan, which is smaller and paler, sometimes silvery white, and has a comparatively broad dorsal stripe. The third variety, less well marked, is that of Persia and Syria. All are white underneath, and are likely to show obscure bars on the lower legs. This last-named variety, no doubt, is that known to the writers of the Old Testament, who use it as a type of wildness and freedom—“Whose house I have made the wilderness, and the barren land his dwellings. . . . The range of the mountains is his pasture” (Job xxxix. 6, 7, 8). It is, indeed, one of the freest, most agile, and perhaps the swiftest of wild quadrupeds. The kiang will rush over broken, rocky ground in an astonishing manner, and those of the plains are beyond the power of a single horseman to overtake. “In the Bakanir Desert the foals are captured during the summer by parties of mounted Baluchis, who, by relieving one another, hunt them till they fall from sheer exhaustion, when they are taken and bound.” These foals bring high prices in India, but are kept more as curiosities than for service. Another plan is to lie in wait at night by a drinking-place, and then run the animals down when heavy with water; but their keen scent and wariness make this difficult. Among the Persians, the pursuit of asses with greyhounds is a favorite sport, and their flesh is esteemed by many and said to resemble venison. The kiangs of the mountainous wilderness of Tibet are less shy, and will often approach one closely, with manifest curiosity, and even mingle with the horses of a train, or enter the camp. “The food of these wild asses,” says Lydekker. “consists in the lowlands of different kinds of grasses, which are frequently dry; but in Tibet it is chiefly composed of various woody plants, which form the main vegetation of these arid regions. In the hills to the west of the Indus these animals are to be found wandering pretty well throughout the year; but in the early summer, when the grass and the water in the pools have dried up from the hot winds, the greater number, if not all, of the ghorkars migrate to the hills for grass and water.”

. The African wild ass (Equus asinus) is very distinct. It is larger than the Asiatic species, reaching 4 feet 8 inches, or 14 hands, in height, and in color is always bluish or else creamy, with no tinge of red; the muzzle, throat, and belly are white; and a dark stripe extends from the shoulders along the spine to the tail, and also down the withers, while the legs are barred; but the last two markings vary greatly. The ears are very long, and the mane and tail-hairs are comparatively short and indistinct in color. This species ranges

the open regions of northeastern Africa, from Somaliland to the Ked Sea, and westward throughout the Desert, where its food and habits are much like those of the ghorkhar, except that its small troops do not congregate into herds. Sir Samuel Baker describes them in western Abyssinia as follows:

“Those who have seen donkeys in their civilized state have no conception of the wild and original animal. Far from the passive and subdued appearance of the English ass, the animal in its native desert is the perfection of activity and courage; there is a high-bred tone in the deportment, a high-actioned step when it trots freely over the rocks and sand with the speed of a horse. When it gallops freely over the boundless desert, no animal is more difficult to approach; and although they are frequently captured by the Arabs, those taken are invariably the foals, which are run down by fast dromedaries, while the mothers escape.”

. The domestic ass is undoubtedly, in its origin, the tamed African species. Its prevailing color is gray, varying to pure white or full black, and with the shoulder stripes and leg-bars more or less preserved. It was known in Egypt long before the horse, and probably was first domesticated in that region, where it is still a favorite animal, not only for riding, but for its milk; nevertheless, it is said to have been hated and abused by the ancient Egyptians in their flourishing period, and the prejudice against it was carried among the Romans. From Judges iv. 10 we learn that at a very early period the great were accustomed to ride upon white asses, and a preference is given to white asses in the East to this day. Fine large breeds exist in Syria and Turkey now. In Europe, choice breeds are to be found in Italy, Malta, and especially in Spain. The animal seems not to have come into general use in Great Britain until after the time of Elizabeth, and now is chiefly employed there by pedlars and the poor, or for children's carriages. Its price is scarcely one-twentieth that of a good horse, and it call be kept at one-fourth of the expense, delighting in the coarse herbage which other animals reject, and satisfied with comparatively scanty fare. The obstinacy ascribed to the ass seems to be very generally the result of ill treatment; and proverbial as it has become for stupidity, it is probably quite equal in intelligence to the horse. It was early brought to America, and the finest donkeys in the world are now said to be those in the United States, where some 60,000 are owned upon farms, chiefly in the Southern Central States, and used for the propagation of mules and hinnies (see ), the useful hybrids between the ass and the horse. Consult: V. Hehn, Wanderings of Plants and Animals. English translation by Stallybrass (London, 1891).

The milk of the ass contains more sugar of milk and less caseine than that of the cow, and is therefore recommended as a nutritious diet in cases of weak digestion. Its usefulness in cases of consumption has long been known, and it was often prescribed as a kind of specific when that disease was treated on principles very different from those which regulate its treatment now. In some parts of the Sudan, large herds of she-asses are kept for milking alone.

The leather called shagreen (q.v.) is made by a peculiar process from the skin of the ass, which also affords excellent leather for shoes and the best material for drums. The bones of the ass, which are very solid, were used by the ancients for making flutes. See colored plate of , and Plate of.

title: The New International Encyclopædia/Ass


text:
The New International Encyclopædia/Ass, Feast of the

ASS,. A burlesque ceremony highly popular in northern France during the Middle Ages. It was of the nature of a parody on the service of the Church, but seems to have been instituted in good faith and without any intentional irreverence. It degenerated, however, into scurrilous indecency, and was prohibited by the ecclesiastical authorities in the Fifteenth Century. It was variously celebrated in different places; thus, e.g. at Rouen it occurred shortly before Christmas, and consisted in the representation of a little farce, in the principal scene of which Balaam's ass appeared before the altar of the cathedral and uttered a prophecy of the early coming of Christ. See .


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Page:Laws of Hammurabi, King of Babylonia.djvu/12

70 might be adjudged proper to inflict upon a person guilty of the offence for which such trial was being conducted.

5. Any judge conducting a trial and rendering a written decision therein shall receive 12 fold the punishment administered by reason of his decision, if the decision is subsequently proved to be erroneous.

6. Any person convicted of the offence of selling property stolen either from the city or the temple shall be put to death and the person who receives the stolen goods from such offender shall likewise be put to death.

7. Any person purchasing silver, gold or a slave, either male or female, a beef or an ass or any other personal property from another person or from the slave of another person, without witnesses to the transaction or agreement, shall be adjudged to be a thief and shall be put to death.

8. Any person who without right sells a beef, a sheep, an ass or swine or other personal property, if it be the property of the temple or of the city, shall make restitution thereof 30 fold, if it be the property of a freedman, 10 fold; in event such person has nothing with which to make restitution in accordance with the foregoing provision, he shall be deemed to be a thief and shall suffer the death penalty.

9. If anyone has lost an article of personal property and discovers it in the possession of some other person and that person excuses his possession by the statement that still another person sold it to him in the presence of witnesses and that he has paid therefor, and thereupon the owner of the article declares that he is able to bring witnesses to identify his property; it then becomes incumbent upon the possessor to produce the one whom he alleged sold him the article and likewise a witness to the transaction of purchase. The owner shall likewise produce witnesses to substantiate his ownership and all the witnesses shall proceed before a judge and all the witnesses being duly put upon their oaths, shall testify to the facts before the judge. In event the owner proves his property the seller of the article shall be deemed to be a thief and shall suffer the death penalty. The purchaser shall make restitution of the property to the owner and shall receive back from the seller the purchase price.

10. In event of a failure on the part of the purchaser, vendor and the witnesses before whom he alleges he consummated the transaction to appear in the case, and the owner does produce witnesses to establish his ownership in said property, the purchaser, in failing to produce his witnesses to the transaction and the vendor as aforesaid, shall be adjudged to be a thief and shall suffer the death penalty. The property shall be restored to the owner.

11. In event of a failure, however, on the part of the claimant of the lost property to produce at the hearing competent witnesses to establish his ownership, he shall be deemed guilty of having slandered the purchaser and shall suffer the death penalty.

12. In event the vendor of property which he has sold without right, shall die prior to a hearing upon the claim of the owner of the property, then the vendee shall receive from the estate of the vendor 5 fold the purchase price of the article disposed of to him by the decedent.

13. In event of inability to produce witnesses in such a case at the first hearing thereon, the judge shall continue the trial of the cause for a period not to exceed 6 months. In event of failure of either party to produce witnesses for their respective claims within that period, the one failing so to do shall be deemed guilty and shall receive such punishment as is herein-before provided for in such cases.


text: Category:Sharks

title: Category:Sharks


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title: Category:Oysters


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Page:EB1911 - Volume 02.djvu/342

 615 et seq.), and arbitration at the present time is purely voluntary. The subject is very fully dealt with in the Code de Procédure Civile (arts. 1003-1028). The submission to arbitration (compromis) must, on pain of nullity, be acted upon within three months from its date (art. 1007). The submission terminates (i.) by the death, refusal, resignation or inability to act of one of the arbitrators; (ii.) by the expiration of the period agreed upon, or of three months if no time had been fixed; (iii.) by the disagreement of two arbitrators, unless power be reserved to them to appoint an umpire (art. 1012). An arbitrator cannot resign if he has once commenced to act, and can only be relieved on some ground arising subsequently to the submission (art. 1014). Each party to the arbitration is required to produce his evidence at least fifteen days before the expiration of the period fixed by the submission (art. 1016). If the arbitrators, differing in opinion, cannot agree upon an umpire (tiers arbitre), the president of the Tribunal of Commerce will appoint one, on the application of either party (art. 1017). The umpire is required to give his decision within one month of his acceptance of the appointment; before making his award, he must confer with the previous arbitrators who disagreed (art. 1018). Arbitrators and umpire must proceed according to the ordinary rules of law, unless they are specially empowered by the submission to proceed as amiables compositeurs (art. 1019). The award is rendered executory by an order of the president of the Civil Tribunal of First Instance (art. 1020). Awards cannot be set up against third parties (art. 1022), or attacked by way of opposition. An appeal against an award lies to the Civil Tribunal of First Instance, or to the court of appeal, according as the subject-matter, in the absence of arbitration, would have been within the jurisdiction of the justice of the peace, or of the Civil Tribunal of First Instance (art. 1023). In the manufacturing towns of France, there are also boards of umpires (Conseils de Prud’hommes) to deal with trade disputes between masters and workmen belonging to certain specified trades.

Other Foreign Laws.—The provisions of French law as to arbitration are in force in Belgium (Code de Proc. Civ., arts. 1003 et seq.); and a convention (8th of July 1899) between France and Belgium regulates, inter alia, the mutual enforcement of awards. The law of France has also been reproduced in substance in the Netherlands (Code of Civil Procedure, arts. 620 et seq.). The German Imperial Code of Procedure did not create any system of arbitration in civil cases. But this omission was supplied in Prussia by a law of the 29th of March 1879, which provided for the appointment, in each commune, of an arbitrator (Schiedsmann) before whom conciliation proceedings in contentious matters might be conducted. The procedure was gratuitous and voluntary; and the functions of the arbitrator were not judicial; he merely recorded the arrangement arrived at, or the refusal of conciliation. This law was followed in Brunswick by a law of the 2nd of July 1896, and in Baden by a law of the 16th of April 1886. In Luxemburg, compulsory arbitration in matters affecting commercial partnerships was abolished in 1879 (law of the 16th of April 1879). A system of conciliation, similar to the Prussian, exists in Italy (laws of the 16th of June 1892, and the 26th of December 1892) and in some of the Swiss cantons (law of the 29th of April 1883). Spain (Code of Civil Proc., arts. 1003-1028; Civil Code, arts. 1820-1821) and Sweden and Norway (law of the 28th of October 1887) have followed the French law. In Portugal, provision has been made for the creation in important industrial centres, on the application of the administrative corporations, of boards of conciliation (decrees of the 14th of August 1889, and the 18th of May 1893).}

.—Russell, Arbitration (London, 1906); Annual Practice (London, yearly); Redman, Arbitration (London, 1897); Crewe, Arbitration Act of 1889 (London, 1898); Pollock, On Arbitrators (London, 1906). As to Scots law: Bell, On Arbitration (2nd ed., Edinburgh, 1877); Erskine, Principles (20th ed., Edinburgh, 1903). As to American law: Morse, Law of Arbitration (Boston, 1872). As to foreign law generally: the texts of the laws cited, and the Annuaire de législation étrangère.

ARBITRATION, INTERNATIONAL. International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise expressed, that the judgment shall be in accordance with the law by which civilized nations have agreed to be bound, whenever such law is applicable. Some authorities, notably the eminent Swiss jurist, J. K. Bluntschli, consider that unless this tacit condition is complied with, the award may be set aside. This would, however, be highly inconvenient since international law has never been codified. A fresh arbitration might have to be entered on to decide (1) what the law was, (2) whether it applied to the matter in hand. Arbitration differs from (q.v.) in so far as it is a judicial act, whereas Mediation involves no decision, but merely advice and suggestions to those who invoke its aid.

Arbitral Tribunals.—An international arbitrator may be the chief of a friendly power, or he may be a private individual. When he is an emperor, a king, or a president of a republic, it is not expected that he will act personally; he may appoint a delegate or delegates to act on his behalf, and avail himself of their labours and views, the ultimate decision being his only in name. In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority. The analogy between the two fails to hold good in another respect also. In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property. An international award cannot be enforced directly; in other words it has no legal sanction behind it. Its obligation rests on the good faith of the parties to the reference, and on the fact that, with the help of a world-wide press, public opinion can always be brought to bear on any state that seeks to evade its moral duty. The obligation of an ordinary treaty rests on precisely the same foundations. Where there are two or any other even number of arbitrators, provision is usually made for an umpire (French sur-arbitre). The umpire may be chosen by the arbitrators themselves or nominated by a neutral power. In the “Alabama” arbitration five arbitrators were nominated by the president of the United States, the queen of England, the king of Italy, the president of the Swiss Confederation, and the emperor of Brazil respectively. In the Bering Sea arbitration there were seven arbitrators, two nominated by Great Britain, two by the United States, and the remaining three by the president of the French Republic, the king of Italy, and the king of Sweden and Norway respectively. In neither of these cases was there an umpire; nor was any necessary, since the decision, if not unanimous, lay with the majority. (See separate articles on and .)

Arbitral tribunals may have to deal with questions either of law or fact, or of both combined. When they have to deal with law only, that is to say, to lay down a principle or decide a question of liability, their functions are judicial or quasi-judicial, and the result is arbitration proper. Where they have to deal with facts only, e.g. the evaluation of pecuniary claims, their functions are administrative rather than judicial, and the term commission is applied to them. “Mixed commissions,” so called because they are composed of representatives of the parties in difference, have been frequently resorted to for delimitation of frontiers, and for settling the indemnities to be paid to the subjects of neutral powers in respect of losses sustained by non-combatants in times of war or civil insurrection. The two earliest of these were nominated in 1794 under the treaty negotiated by Lord Grenville with Mr John Jay, commonly called the “Jay Treaty,” their tasks being (1) to define the boundary between Canada and the United States which had been agreed to by the treaty signed at Paris in 1783; (2) to estimate the amount to be paid by Great Britain and the United States to each other in respect of illegal captures or condemnation of vessels during the war of the American Revolution.

Although arbitrations proper may be thus distinguished from “mixed commissions,” it must not be supposed that any hard or fast theoretical line can be drawn between them. Arbitrators strictly so called may (as in the “Alabama” case) proceed to award damages after they have decided the question of liability; whilst “mixed commissions,” before awarding damages, usually have to decide whether the pecuniary claims made are or are not well founded.

Awards.—International awards, as already pointed out, differ from civil awards in having no legal sanction by which they can be enforced. On the other hand, they resemble civil awards in that they may be set aside, i.e. ignored, for sufficient reason, as, for example, if the tribunal has not acted in good faith, or has not given to each party an opportunity of being heard, or has exceeded its jurisdiction. An instance under the last head occurred in 1831, when it was referred to the king of the Netherlands as sole arbitrator to fix the north-eastern boundary of the state of Maine. The king’s representatives

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The New International Encyclopædia/Assab

ASSAB, ȧs-säb', or, sä'bȧ. An inlet of the Red Sea, on the African coast, near Bab-el-Mandeb (Map: Africa, J 3). It is about 16 miles long by 5 miles wide, and about 50 feet deep at Busna, the main anchoring-place. Together with two small islands in front of it, Assab was ceded to the Italian Government, in 1881, by an Italian steamship company, which had acquired it in 1869. The town of Assab is situated at the entrance to the bay, and has a population of 500.


text: Category:Bivalves

title: Category:Bivalves


text: Category:Crustaceans

title: Category:Crustaceans


text: 1911 Encyclopædia Britannica/Arbitrage

title: 1911 Encyclopædia Britannica/Arbitrage


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The New International Encyclopædia/Assai

ASSAI, ȧs-sī' (from the native Brazilian name of the palm-tree). A beverage much used at Pará and other places on the Amazon. It is prepared from the fruit of certain species of palm nearly allied to the cabbage palm of the West Indies. (See ; and .) The assai palms are remarkably slender trees, the most common species (Euterpe edulis) rising to the height of 60 or 80 feet, with a smooth stem only about 4 inches in diameter. The fruit is small, but is produced in great quantity upon branched spadices, which are thrown out horizontally beneath the crown of leaves. It consists of a hard seed, with a very thin covering of a firm pulp or flesh. The tree grows in swamps flooded by the high tides. Warm water is poured upon the fruit; and by rubbing and kneading, a liquid is procured, consisting simply of the pulp of the fruit and water, which is constantly sold in the streets of Pará, and of which the inhabitants are extremely fond. This is assai. It is a thick, creamy liquid, of a purplish color, and a flavor like that of a freshly gathered nut. It is commonly used with the bread made from ../Manioc/ (q.v.), called farina, and either with or without sugar. The stem of the assai palm is sometimes used for poles and rafters, and its terminal bud as a cabbage or as a salad with, oil and vinegar; but it is too much valued upon account of its fruit to be often cut down for these purposes. Another species, Euterpe catinga, is found in forests of a dry, sandy soil and very peculiar vegetation, known as catinga forests. The beverage made from it is sweeter than the common kind, but the product of the tree is much smaller.


text: Category:Salmon

title: Category:Salmon


text: Category:Marine mammals

title: Category:Marine mammals


text: Category:Jellyfish

title: Category:Jellyfish


text: Category:Cnidarians

title: Category:Cnidarians


text: Category:Corals

title: Category:Corals


text: 1911 Encyclopædia Britannica/Arbitration


text: Category:Hydrozoa

title: Category:Hydrozoa


text: Category:Anguilliformes

title: Category:Anguilliformes


text: Category:Echinoderms

title: Category:Echinoderms


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Chapter 1
doctrine, and all intellectual discipline, arise from pre-existent knowledge. Now this is evident, if we survey them all, for both mathematical sciences are obtained in this manner, and also each of the other arts. It is the same also with arguments, as well those which result through syllogisms, as those which are formed through induction, for both teach through things previously known, the one assuming as if from those who understood them, the other demonstrating the universal by that which is evident as to the singular. Likewise also do rhetoricians persuade, for they do so either through examples, which is induction, or through enthymems, which is syllogism. It is necessary however to possess previous knowledge in a twofold respect; for with some things we must pre-suppose that they are, but with others we must understand what that is which is spoken of; and with others both must be


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 known, as for instance, (we must pre-assume,) that of every thing it is true to affirm or deny that it is, but of a triangle, that it signifies so and so, and of the monad (we must know) both, viz. what it signifies and that it is, for each of these is not manifest to us in a similar manner. It is possible how ever to know from knowing some things previously, and receiving the knowledge of others at the same time, as of things which are contained under universals, and of which a man possesses knowledge. For he knew before that every triangle has angles equal to two right angles, but that this which is in a semi-circle is a triangle, he knew by induction at the same time. For of some things knowledge is acquired after this manner, nor is the extreme known through the middle, as such things as are singulars, and are not predicated of any subject. Perhaps however we must confess that we possess knowledge after a certain manner before induction or the assumption of a syllogism, but in another manner not. For what a man is ignorant about its existence at all, how could he know at all that it has two right angles? But it is evident that he thus knows because he knows the universal, but singly he does not know it. Still if this be not admitted, the doubt which is mentioned in the Meno will occur, either he will learn nothing, or those things which he knows,


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 intellect will belong to principles, and to those who consider from these it is evident also, that as demonstration is not the principle of demonstration, so neither is science the principle of science. If then we have no other true genus (of habit) besides science, intellect will be the principle of science: it will also be the principle (of the knowledge of the principle, but all this subsists similarly with respect to every thing.


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The New International Encyclopædia/Assal

ASSAL, ȧs-säl'. An important salt-lake in the east of Africa, near the head of the Bay of

Tajura. It is over 8 miles in length, and 4 miles broad, and its surface is over 530 feet below the sea-level. Its shores are covered with salt, which is exported in considerable quantities to Abyssinia.