submit

To place before arbitrators, jury or court for a finding or a decision.

^ 1. To place before a court for decision or determination; as, to submit a cause without argument. Compare 3. 2. To place before a jury for their verdict. Thus, a judge may not submit a question when the state of the testimony forbids it. See Nonsuit. 3. To leave to a referee or arbitrators for a finding or an award. A " submission " is a contract between two or more parties whereby they agree to refer the subject in dispute to others and to be bound by their award." Parties " submit " a cause when they refer it to the court or a referee. The word is sometimes applied to evidence, though not with the same accuracy. Where in an equity case evidence is brought forward and placed at the disposal of the court, to be admitted or excluded, it is in some sense submitted, and it is certainly offered.' See Abbitbation. Compare Refer, 1. > Borst V. Corey, 15 N. Y. 509 (1857). 2 Jaeobson v. Miller, 41 Mich. 93 (1879), Cooley, J. 8 Conaughty v. Saratoga County Bank, 92 N. Y. 401, 404 (1883). < Eespublica v. Chapman, 1 Ball. *60 (IIBI), M'Kean, Chief Justice. 5 L. sub-mittere, to put or place under. « Witcher v. Witcher, 49 N. H. 180 (1870), Foster, J.; 9 Wend. 661; 17 How. Pr. 21.

Applied to a controversy, means to place it before a tribunal for determination. Submission: the act or agreement of parties placing a controversy before a tribunal for its determination. Thus, counsel sometimes agree to submit a cause without argument; the New York code provides for a submission of controversies without action. These words are particularly used of agreement of parties to a question of difference, that they will leave it to arbitrators for determination. That an agreement " to submit " a creditor's claim on a decedent estate imports, presumably, an arbitration rather than a Submission bond. The bond by which the parties agree thus to submit their matters to arbitration, and by which they bind themselves to abide by the award of the arbitrator, is commonly called a submission bond.