Hoover v. . Neighbors

Settle, J. No objection- is made to the award, save as to that part which disposes of the costs of the reference. It is contended that in this particular, the arbitrators exceeded their authority. If the terms of the submission are broad enough to clothe them with power over this question, then they have but discharged their duty. If it be conceded that they had no such power, then the .law disposes of the costs by fixed rules: Russell on Arb. 63, Law Lib. 290. The question then arises, did not his Honor exceed his authority, in altering the award and entering a judgment contrary to its terms, and not warranted by law, even if the 'award had been silent as to costs. The practice of entering judgments on awards was adopted in cases where the reference was by rule of Court, as a milder manner of enforcing the awards than the process of attachment for contempt. If they are not set aside for some good cause, the practice has always been to follow the awards strictly in entering these quasi judgments. *431 Here, tlie parties submitted to arbitrament and award all their suits and all matters of dispute between them, of every description. These terms are very broad, but whether they are sufficiently comprehensive to embrace the costs of the reference or not, we need not consider, as our opinion is based upon another ground, to-wit: that his Honor had no discretion in awarding costs. He had nothing to do with the matter, for the reference was not by rule of Court, but by the agreement of the parties ; they had selected their own Judges, and if either party was dissatisfied with their award or the manner in which it was being carried out, his remedy was by an action on the submission bond or upon the award, whereby all questions as to the power of the arbitrators and the proper disposition of the costs, could be determined; There was error. Let this be certified, &c. Pee Curiam. Beversed.