horse  race  for  a  sum  of  money  to  be  paid  to  the  winner  upon
the  decision  of  the  stewards,  no  claim  can  be  made  by  tho
winner,  without  showing  a  decision  in  his  favour  [h).  Where
a  tenant  of  house  and  furniture  covenanted  to  deliver  them
up  in  good  order,  and  in  the  event  of  loss  or  damage  to  pay
for  the  same  the  amount  to  be  settled  by  two  valuers,  it  was
held  that  no  action  for  dilapidations  was  maintainable  until
the  sum  was  ascertained  by  the  valuers  {i).  In  the  event  of
the  arbitration  failing  a  party  may  be  entitled  to  claim  upon
the  original  consideration  ;  as  in  the  case  of  goods  sold  and
delivered  at  a  price  to  be  fixed  by  valuers,  who  are  duly
appointed  by  the  parties,  but  fail  to  act  (li). — Upon  the  same  Statutory
priuciple,  arbitration  clauses  in  Acts  of  Parliament  presump-  clauses,
tively  do  not  oust  the  jurisdiction  of  the  Court ;  but  they
may  be  obligatory  by  the  express  enactment,  or  impliedly  by
the  objects  which  they  are  intended  to  serve;  as  in  the
Friendly  Societies  Acts,  with  respect  to  differences  between
the  society  and  its  members  as  to  the  management  and
internal  affairs  of  the  society  (/)  ;  and  in  the  Building
Societies  Acts  (m).  The  arbitration  provided  by  the  Railway
Companies  Arbitration  Act,  1859,  is  compulsory;  but  it  does
not  oust  the  jurisdiction  of  the  Court  unless  one  of  the  parties
insists  upon  the  arbitration  (m).
An  action  lies  upon  a  submission,  or  agreement  to  refer  Eemedyty

[g)  Scott  Y.  Liverpool,  3  D.  &  J.  {Ic)  Cooper  v.  Shtittleworth,  25  L.  J.
334  ;    28  L.  J.  0.  230  ;   ante,  p.  558  ;  Ex.  114  ;  Dinham  v.  Bradford,  L.  R.
