1906 (2) TMI 1

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..... s, when the Court of first instance, where the award was filed, made a decree in accordance with it. It appears that the matter was referred to three arbitrators. Two of them agreed in making an award, but the third arbitrator did not agree, the result being that he did not sign the award. But notwithstanding this, the award was filed in Court and received. Subsequently the dissentient arbitrator .....

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..... g upon the matter; and we think, upon consideration that there is no just reason to interfere with the judgment of the lower Appellate Court in these cases. It seems to us that as soon as the award was made and filed in Court, the powers of the arbitrators came to an end; they became functus officio, and it was not open to the dissentient arbitrator to come in afterwards and sign the award, nor ha .....

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