Then, in order to provide for the contingency of
the reference going oif either by the death of the
arbitrator or fix)m any other cause, the 14th section



Introduction, xi

provides, that when the reference proves aboi*tive, the
court of Queen's Bench may order the Quarter Sessions
to enter continuances, and hear the appeal. In all of
these cases, however, a doubt might exist whether, after
entering into a recognizance conditioned for the trial of
the appeal before the court of Quarter Sessions, such a
statement of a special case or agreement of reference
would not be a forfeiture of the recognizance, inasmuch
as the appeal in such cases would not be tried by the
court to which the condition relates. To prevent the
chance of such injustice, the 16th section provides that
the recognizance shall not be forfeited by such agree-
ment or submission, and thus disposes of any question
which might otherwise arise regarding to the effect
of such a proceeding in this respect.
The value of these provisions when applied to
matters before the superior courts is so well known,
that little doubt can be entertained of their proving
eqbally useful with regard to those which come
before courts of Quarter Sessions. In the many com-
plicated cases which so frequently arise with respect
to the rating of railways and other public under-
takings they can scarcely fail to be of the greatest
advantage, whilst even in the more ordinary cases
which come before those courts for their decision on
appeal, not a few of them could be settled with far
more satisfaction to the parties themselves, and with
an infinite saving of the public time, by a reference to
arbitration.
The Act then goes on to assimilate the proceedings



xii Introduction.
