Walsh, A.C.J:— The attack on this award is really an attack upon the substance which the arbitrators have decided. They may be right, they may be wrong, it is no business of the court. Judges cannot be reminded too often that an arbitration in substance, ousts the jurisdiction of the Court, except for the purpose of controlling the arbitrators and preventing misconduct, and for regulating the procedure after the award. So far as the hearing of the merits is concerned and the decision contained in the award, the court has nothing to say, good, had or indifferent. It has no right to review it or to consider it and in substance what the court below has done in this case, has been to hear an appeal from the arbitrator and to delete from the award something with which it did not agree. The court had no jurisdiction to do that. We must, therefore, allow the appeal, and direct the award to be filed. The appellant will have his costs in this Court on the higher scale.
2. Appeal allowed.