218
APPENDIX OP CASES.
s, 27 ; held on motion for a mandamus to the judge of one
of the county courts, to proceed and hear a plaint levied hy
one of the members against an officer of the society, that the
section of the Act and the rules providing for a cheap,
simple, and speedy decision, ousted the jurisdiction of the
ordinary courts.
In 1Reeves v. White, 16 J. P. 118 ; 17 Q. B. 995, the court
held that the summary remedy provided by the statute for
the settlement of disputes by arbitration is conclusive, and
ousts the jurisdiction of the superior courts. Per Lord
Campbell, C. J., “Where there may be, there must be, a
reference to the arbitrators.”
In Armitage v. Walker, 2 Kay & J. 211, upon the con
struction of the arbitration clause in the Benefit Building
Societies Act of 1836, Wood, Y.C., held that neither a
court of law nor equity had jurisdiction to alter the award
of arbitrators or justices unless there was error upon the
face of it, or it was shown to have been corruptly obtained.
He said :—“ The legislature intended carefully to provide
that these societies should not be dragged before courts of
law or equity, if it could possibly be avoided, and has
taken care to enact that the 'whole discussion of their
affairs shall be disposed of in a cheap and summary manner
by the decision of an arbitrator or justice as the parties
.shall choose, and when they have once made their election,
the power of the justice or of the arbitrator acting always
within the rules of the society is complete, and is not sub
ject to revision by any court of law or equity. That is the
primary matter to which attention must be drawn, and it
is necessary to be extremely careful that the jurisdiction of
this court shall not be set up to control the arbitrators so
selected, except upon a very clear and distinct case being
made out of their abuse of their office.” See also Ex parte
Long, 3 W. It. 18, and 11. v. Evans, 3 E. & B. 363.
Where, however, the rules directed that the arbitrators
should hear evidence on both sides, and their decision,
binding on all parties, shall be final, and the arbitrators
refused to hear the evidence of one side, it was held that
their award was not made according to the rules, and there
fore was not an award final and binding within 10 Geo. 4,
•c. 56, s. 27. Per Lord Denman, C. J., in B. v. Grant,
14 Q. B. 43.
In Trott v. Hughes, 16 L. T. 260, a bill was filed on
behalf of some of the members of the “ Second Borough of
.Southwark Benefit Building and Investment Association,”