JUDGMENT

Piggott, J. - This is a second appeal by a plaintiff whose suit has been dismissed by both the Courts below, on the ground that ho is debarred from maintaining it by reason of the fact that he is bound by an agreement with the defendants to allow the matter in dispute to be settled by arbitration. It is an admitted fact that an agreement to refer this matter to arbitration was entered into between the parties on the 18th of June 1909, and that nothing had been done by way of enforcing that agreement when the plaintiff filed the present suit on the 11th of August 1911. The suit was brought independently of the agreement : that is to say, the plaintiff did not ask the Court to take action in the direction of constituting an arbitration tribunal in accordance with the agreement. He gave the agreement the go by altogether, and brought his suit upon his alleged title. When the defendants objected on the ground of the agreement, one or two objections were taken by the plaintiff with respect to the same which have been decided against him by the Court below and need not be further considered.

2. I must take it as settled that the agreement to refer to arbitration is valid and bindi