Umpire

A person selected by arbitrators who cannot agree as to the subject matter referred to them for the purpose of deciding the matter in dispute. His province is to determine the issue submitted to the arbitrators on which they of the original arbitrators is required to join in the award in order to make it valid and binding on the parties. In the absence of any agreement or assent by the parties to the controversy, dispensing with a full hearing by the umpire, it is his duty to hear the whole case, and to make a distinct award thereon as the result of his judgment. He stands, in fact, in the same situation as a sole arbitrator, and he is bound to hear and determine the case in like manner as if it had been originally submitted to his determination. 75 111. 30. Sometimes the term is applied to a single arbitrator selected by the parties themselves. Kyd, Awards, 6, 75, 77; Caldwell, Abr. 38; Dane, Abr. Index; 3 Viner, Abr. 93; Comyn, Dig. "Arbitrament" (F); 4 Dall. (U. S.) 271, 432; 4 Scott, N. S. 378; Bouv. Inst. Index. UN NE DOIT PRISE ADVANTAGE DE son tort demesne. One ought not to take advantage of his own wrong. 2 And. 38. 40. UNA CUM OMNIBUS ALUS (Lat. together with all other things). A phrase in old conveyancing. Hob. 175, UNA PERSONA VIX POTEST SUPplere vices duarum. One person can scarcely supply the place of two. 4 Coke, 118. UNA VOCE (Lat.) With one voice; unanimously,

A third person appointed to decide between two orther judges or referees who differ in opinion. Ramlcl v. Canal, 1 Harr. (Del.) 200. The jurisdiction of the umpire and arbitrators cannot be concurrent; Morse, Arb. & Aw. 241; if the arbitrators make an award, it is binding; if not, the award of the umpire is binding; T. Jones 167. If the umpire sign the award of the arbitrators, it is still their award, and vice versa; Rigden v. Martin, 6 Harr. & J. (Md.) 403. He determines the issue submitted to the arbitrators on which they have failed to agree, which is his sole award; and neither of the original arbitrators is required to join in the award; Haven v. Winnisimmet Co., 11 Allen (Mass.) 384, S7 Am. Dec. 723; Ingraham v. Whitmore, 75 111. 30. Arbitrators may appoint an umpire after their term of service has expired, if the time is not gone within which the umpire was to make his award; Mc Kinstry v. Solomons, 2 Johns. (N. Y.) 57. Subsequent dissent of the parties, without just cause, will have no effect upon the appointment; but they should have notice; Crowell v. Davis, 12 Mete. (Mass.) 293. If an umpire refuse to act, another may be appointed toties quotics; 11 East 307. See Arbitration and Award. UNA VOCE (Lat.). With one voice; unanimously.

A person to whom a matter submitted to arbiti'ators is referred, in case of their disagreement, for final decision. Un, fr. One. Un bricfe fnit abatus: a writ was quashed. Un foltz: once; once upon a time. Un ne doit prise advantage de son tort demesne: one ought not to take advantage of his own wrong.

A person selected by two or more arbitrators, when they are authorised to do so by the submission of the parties, and they cannot.agree as to the subject-matter referred to them, whose duty it is to decide the matter in dispute. Sometimes the term is applied to a single arbitrator selected by the parties themselves. Kyd on Awards, 6,75, 77; Caldw. on Arb. 38; Dane’s Ab. Index, h. t.; 3 Vin. Ab. 93; Com. Dig. Arbitrament, F.