SUBMISSION (Lat. submissio,— sub, under, mitten, to put,--a putting under. Used of persons or things. A putting one's person or property under the control of another). A yielding to authority. A citizen is bound to submit to the laws, a child to his parents, a guardian to his ward. A victor may en force the submission of his enemy.
In Maritime Law. Submission on the part of the vanquished, and complete posses sion on the part of the victor, transfer pro perty as between belligerents. 1 Gall. C. C. 532.
In Practice. An agreement, parol (oral or written) or sealed, by which parties agree to submit their differences to the decision of a referee or arbitrators. It is sometimes termed a reference. Encycl. Am. Arbiter ; Kyd, Arb. 11; Caldwell, Arb. 16; 17 Ves. Ch. 419; 6 Bingh. 596; 3 Mees. & W. Exch 816; 6 Watts, Penn. 359 ; 16 Vt. 663 ; 4 N. Y. 157 ; 2 Barb. Ch. N. Y. 430.
2. It is the authority given by the parties to the arbitrators, empowering them to in quire into and determine the matters in dis pute.
It may be in pais, or by rule of court, or under the various statutes. Dev. No. C. 82.
It may be oral, but this is inconvenient, because open to disputes- by written agree ment not under seal (in I:ouisiv,na and Cali fornia the submission must be in writing, 5 La. 133; 2 Cal. 92) • by indenture, with mu tual covenants to ah'ide by the decision of the arbitrator; by deed-poll, or by bond, each party executing an obligation to the other conditioned to be void respectively upon the performance of the award. Caldwell, Arb. 16 ; 6 Watts, Penn. 357. If general in terms, both law and fact are referred, 7 Ind. 49; if limited, the arbitrator cannot exceed his au thority. 11 Cush. Mass. 37.
3. W. hen to be made. A submission may be rnade at any time of causes not in court; and at common law, where a cause was de pending, submission might be made by rule of court before the trial, or by order of nisi prius after it had commenced, which was afterwards made a rule of court. 1 Mann. & G. 976; 2 Barnew. & Ald. 395; 3 Sera% & R. Penn. 262; 1 Dall. Penn. 145, 355 ; N. J. 198.
Who may make. Any one capable of making a disposition of his property or re lease of his right, or capable of suing or being sued, may make a binding submission to arbitration; but one under civil or natural incapacity cannot be bound _by his submis sion. Watson, Arb. 65; Russell, Arb. 20; 2
P. Will. Ch. 45-50; 9 Yes. Ch, 350 ; 1 Dowl. & L. 145 ; 8 Me. 315 ; 11 id. 326; 2 N. H. 484; 8 Vt. 472; 16 Mass. 396; 5 Conn. 367; 1 Barb. N. Y. 584; 14 Johns. N. Y. 302; 5 Wend. N.Y. 20; 5 Hill, N. Y. 419; 2 Rob Va. 761; 6 Munf. Va. 458; Paine, C. C. 646; 1 Wheat. 304; 5 How. 83.
4. In general, in cases of incapacity of the real owner of property, as well as in many cases of agency, the person who has the legal control of the property may make submission, INCLUDING a husband for his wife, Strange, 351; 5 Ves. 846; a parent or guardian for an infant, Latch, 207; March, 111, 141; Freem. Ch. 62, 139: 1 Wils. 28; 11 Me. 326; 12 Conn. 376; 3 Caines, N. Y. 253; but not a guardian ad Mem, 9 Humpbr. Tenn. 129; a trustee for his cestui que trust, 3 Esp. 101; 2 Chitt. Bail. 40; 1 Lutw. 571; an attorney for his client, Wils. 28, 58; 1 Salk. 70 ; Ld. Raym. 246 ; 12 Mod. 129 ; Dy. 217 b ; 12 Ala. 252 ; 9 Penn. St. 101 ; 19 id. 418 ; 23 id. 393; 1 Park. Crim. N. Y. 387 ; 2 Hill, N. Y. 271; 4 T. B. Monr. Ky. 375; 7 Cranch, 436; but see 6 Weekl. Rep. 10; an agent duly authorized for his principal, 4 Taunt. 378, 486; 8 Barnew. & C. 16 ; 5 id. 141; 8 Vt. 472; 11 Mass. 449; 5 Green, N. J. 38; 29 N. H. 405 ; 8 N. Y. 160; an executor or administrator at his own peril, but not thereby neoessarily admitting assets, 2 Strange, 1144; 5 Term, 6; 7 id. 453 ; 5 Mass. 15 ; 20 Pick. Mass. 584; 6 Leigh, Va. 62 ; 5 T. B. Monr. Ky. 240; 5 Conn. 621; see 5 Bingh. 200; 1 Barb. N. Y. 419 ; 3 Harr. N. J. 442 ; assignees under bankruptcy and insolvency laws, under the statutory restric tions, stet. 6 Geo. IV. c. 16, and state statutes; the right being limited in all cases to that which the person acting can control and legally dispose of, 6 Mass. 78 ; 6 Munf. Va. 453 ; 4 T. B. Mora. Ky. 240 ; 21 Miss. 133 ; BUT NOT INCLUDING a partner for a partner ship. 3 Bingh. 101 ; Holt, 143 ; 1 Crompt. M. St R. Exch. 681 ; 1 Pet. 221 ; 19 Johns. N. Y. 137 ; 2 N. H. 284 ; 5 Gill & J. Md. 412 ; 12 Serg. & R. Penn. 243; Collyer, Partn. N 439 —470 ; 3 Kent, Comm. 49.