Arbiter

A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who way proceed wholly at his own discretion, so that it be according to the judgment of B sound man.

Cowell.

According to Mr. Abbott, the distinction js ag follows: “Arbitrator” is a technical name of a person selected with reference to an establishad system for friendly determination of controver sies, which, though not judicial, is yet regulated by law; sothat the powers and duties cf the ar bitrator, when ouce he is chosen, are prescribed by law, and his doings may be judicially revised if ha has exceeded itis authowty. “Arbiter” is an untechnical designation of a person to whom a controversy is referred, irrespective of any law ta govern the decision; and is the proper word to aig: nify a referee of a question outside of or above municipal law. But itis elsewhere said that the distinction be In the Roman law. A judge invested with a diseretionary power. <A person appointed by the prastor to examine and decide that class of causes or actions termed “tone fidei,” and who had the power of judging aczorling to the principles of equity, (ex equo at bonoy) distinguished from the judea, (q. d.,) who was bound to decide according to strict law.

Inst. 4, 6, 30, 31,