JUDGMENT : KNOX, J. This appeal must succeed. The learned Subordinate Judge appears to have overlooked the fact that the umpire, after stating that he had visited the spot and had become ill and that he was returning the papers, nevertheless signed the award. We cannot therefore take this as a refusal or neglect on his part to act. It is urged that the fact that the award does not bear the signature of the third arbitrator, shows that he refused to act. We cannot: so hold. 2. The mere fact that an arbitrator declines to sign the award which has been arrived at by a majority of the arbitrators, does not show that he refused to act as arbitrator. Under the circumstances we are of opinion that the decree having been in accord with the award, no appeal lay to the court below. We allow this appeal with costs, set aside the order of the court below with costs, and restore the decree of the court of first instance.