5. What may be included in a submission. Generally, any matter which the parties might adjust by agreement, or which may be the subject of an action or suit at law, except perhaps actions (qui tam) on penal statutes by common informers; for crimes cannot be made the subject of adjustment and composition by arbitration, this being against the most obvious policy of the law, Caldwell, Arb. 12 ; Comyns, Dig. Arb. (D 3, 4); 5 Wend. N. Y. 111; 2 Cow. N. Y. 638 ; 3 Caines, N. Y. 320 ; 9 Johns. N. Y. 38; 13 Serg. & R. Penn. 319 ; 2 Rawle, Penn. 341 ; 7 Conn. 345 ; 6 N. H. 177; 16 Miss. 298 ; 16 Vt. 450 ; 10 Gill & J. Md. 192; 5 Munf. Va. 10 ; 4 Dall. Peun. 120; including a debt cer tain ou a specialty, any question of law, the construction of a will or other instrument, any personal injury on which a suit will lie for damages, although it may be also indictable. 2 Madd. Ch. 6; 7 Taunt. 422; 9 Ves. Ch. 367; 10 Mod. 59; 1 Lev. 592; 8 Me. 119, 288 ; 6 Pick. Mass. 148.
6. An agreement to refer future disputes will not be enforced by a decree of specific performance, nor will an action lie for re fusing to appoint an arbitrator in accordance with such an agreement. 6 Yes. Ch. 815 ; 2 Sim. & S. Ch. 418; 2 Bos. & P. 135 ; 2 Stor.
C. C. 800; 15 Ga. 473. It is considered against public policy to exclude from the tribunals of the state disputes the nature of which cannot be foreseen. 1 Wils. Ch. 129; 4 Brown, Ch. 312, 315 ; 2 Ves. Ch. 131; 19 id. 431; 1 Swanst. Ch. 40. See 31 Penn. St. 306.
Effect of. A submission of a case in court works a discontinuance and a waiver of de fects in the proe lss, 2 Penn. St. 868; 18 Johns. N. Y. 22 . 12 Wend. N. Y. 403; 3 bandf. N. Y. 4 10 Yerg. Tenn. 439 ; 2 Humphr. Tenn. 5.16; 10 Mass. 253 : 5 Gray, Mass. 492; 4 Hen. & M. Va. 363 ; 5 Munf. Va. 10; 5 Wisc. 421 ; 4 N. J. 647; 41 Mo. 355; 30 Vt. 610; 2 Curt. C. C. 28; see 20 Barb. N. Y. 262; 9 Tex. 44; and the bail or sureties on a replevin bond are discharged. 17 Mass. 591; 1 Pick. Mass. 192; 4 Green, N. J. 277; 7 id. 348 ; 1 Ired. No. C. 9; 3 Ark. 214 ; 2 Barnew. & Ad. 774; Russell, Arb. 88. But see 6 Taunt. 379; 10 Bingh. 118. But this rtile has been modified in Eng land by statute. Stat. 17 & 18 Viet. c. 125, 11; 8 Exch. 327.
7. The submission which defines and limits as well as confers and imposes the duty of the arbitrator must be followed by him in his conduct and award ; but a fair and liberal construction is allowed in its interpretation.
1 Wins. Saund. 65; Croke Car. 226; 11 Ark. 477; 3 Penn. St. 144; 13 Johns. N. Y. 187; 2 N. H. 126; 2 Pick. Mass. 534; 3 Halst. N. J. 195 ; 1 Pet. 222. If general, it submits both law and fact, 7 Ind. 49; if limited, the arbitrator cannot exceed his authority. 11 Cush. Mass. 37.
The statutes of many of the states of the United States provide for submissions by the parties before a justice of the peace, in which case the award will .be enforced as if it had been made under rule of court; and statutes also regulate submissions made under rule of court.
S. Revocation of a submission may take place al any time previous to the award, though it be expressed in the agreement to be irrevocable. The remedy of the injured party is by an action for breach of the agree ment. 2 Kebl. 64; 8 Coke, 81 ; 5 Taunt. 402; 7 East, 608 ; 6 Bingh. 443; 4 Barnew. & C. 103 ; 10 id. 483 ; 16 Johns. N. Y. 205 ; 1 Cow. N. Y. 235 ; 12 Wend. N. Y. 578 ; 1 Hill, N. Y. 44; 12 Mass. 49 ; 20 Vt. 198; 28 id. 532; 26 Me. 251, 459; 3 Day, Conn. 118 ; 23 Penn. St. 393 ; 4 Sneed, Tenn. 462 ; 6 Dan. Ky. 307. A submission by deed must be revoked by deed. 8 Coke, 72, and cases above.
A submission under rule of court is gene rally irrevocable, by force of statutory pro visions, both in England and the United States. Stat. 3 & 4 Will. IV. c. 42 ; 5 Burr. 497 ; 12 Mass. 47 ; 4 Me. 459 ; 1 Ashm. Penn. 45 ; 1 Binn. Penn. 42 ; 3 Yeates, Penn. 42 ; 6 N. H. 36 ; 4 Conn. 498 ; 5 Paige, Ch. N. Y. 575 ; 11 id. 529 ; 3 Halst. N. J. 116 ; 3 Ired. No. C. 333; 19 Ohio, 245.
9. A submission at common law is gene rally revoked by the death, of either party (unless it be stipulated otherwise), or of the arbitrator, or his reftisal to act, 1 Marsh. 366 ; 7 Taunt. 571 ; 1 Moore, 287 ; 2 Barnew. & Ald. 394 ; 3 Barnew. & C. 144 ; 3 Dowl. & R. 608 ; 3 Biugh. N. c. 20 ; 6 id. 158 ; 8 Mees. & W. Exch. 873 ; but see 15 Pick. Mass. 79 ; 3 Halst. N. J. 116 ; 3 Gill, Md. 192 ; 2 Gill & J. Md. 479 ; 3 Swan, Tenn. 90 ; 15 Ga. 473 ; by marriage of a feme sole, and the husband and wife may then be sued on her arbitration bond. 2 Kebl. 865 ; Rolle. 331 ; 5 East, 266. It is not revoked by the bank ,ruptcy of the party or hy the death of the arbitrator after publication of the award. 4 Barnew. & Ald. 250 ; 2 Chitt. Bail, 43 ; 2 Mann. & G. 55 ; 1 C. B. 131 ; 9 Barnew. & C. 629 ; 29 Eng. L. & Eq. 362 ; 21 Ga. 1.