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ARBITRATION.

CLAUSES.

Agreement to submit Future Differences to Arbitration.

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And it is hereby agreed and declared that if at any time hereafter any dispute, difference, or question shall arise between the said parties hereto, or their respective heirs, executors, administrators, or assigns, or any of them, touching the construction, meaning, or effect of these presents, or any clause or thing herein contained, or the rights or liabilities of the said parties respectively, or their respective heirs, executors, or administrators, or any of them, under these presents, or otherwise howsoever in relation to the premises, then every such dispute, difference, or question shall be referred to the arbitration of two indifferent persons, one to be appointed by each party to the reference, or an umpire to be appointed by the arbitrators in writing, before entering on the business of the reference; and if Failure of either party shall refuse or neglect to appoint an ar- point arbitrabitrator within days after the other party shall tor. have appointed an arbitrator, and shall have served a written notice upon the first mentioned party requiring such party to make such appointment, then the arbitrator appointed as aforesaid shall, at the request of the party appointing him, proceed to hear and determine the matters in difference as if he were an arbitrator appointed by both parties for that purpose; and the award or determination which shall be made by the said arbitrators, arbitrator, or umpire shall be final, and binding upon the said parties hereto respectively, and their respective heirs, executors, administrators, and as provided it signs: provided the award shall be made in writing in limited days next after the reference to them time. or him, or on or before any later day to which the said arbitrators or arbitrator, by any writing signed by them or him, shall enlarge the time for making their or his award, and provided such umpire shall make his award or determination in writing within days next after the original or extended time ap

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pointed for making the award of the said arbitrators shall have expired, or on or before any later day to which the umpire shall, by any writing signed by him, enlarge the time for making his award.

Recital of Partnership Matters referred.

Whereas the said parties have carried on the business of in partnership, and the accounts between them have become involved, and differences have arisen among them relating thereto, it is hereby agreed that the copartnership accounts and all matters in difference between the parties, or any of them, or between any one or more of them, and any other one or more of them, shall be referred, etc.

Statement of Matters intended to be referred.

The solicitor of each of the said parties shall state in writing all the matters and things intended to be referred by his client to the arbitrator, and shall, at least ten days before the day appointed by the arbitrator for his first sitting on the arbitration, deliver a copy of such statement to the solicitor of each of the other parties respectively; and only those matters and things which shall be comprehended in such respective statements shall be taken into consideration by the arbitrator.

Provision regarding Legal Proceedings.

And it is also hereby agreed and declared that no action or legal proceedings shall be commenced or prosecuted by either of the said parties hereto, or his executors, administrators, or assigns, against the other of them, his executors, administrators, or assigns, touching any of the said matters in difference, unless the party to be made defendant to such action or proceedings shall have refused or neglected to refer such matters to arbitration pursuant to the provisions herein before contained, or unless the time limited for making such award as aforesaid shall have expired without any such award being made.

Power to Arbitrators to proceed ex parte.

The said arbitrators or umpire shall be at liberty to proceed ex parte in case of the non-attendance of either of the said parties, or of their witnesses, after clear days' previous notice in writing, under the hand of the said arbitrators or umpire, given to the said parties respectively, or their respective solicitors or

agents, or left or sent by post to their respective offices or places of business, notifying the time and place of meeting to proceed with the said reference.

Parties to be examined.

And it is also hereby agreed and declared that the respective parties to such references, and all persons claiming through them respectively, shall submit to be examined by the said arbitrators, arbitrator, or umpire, upon oath or affirmation, in relation to the matters in dispute, and shall produce before the arbitrators, arbitrator, or umpire all books, deeds, papers, accounts, writings, and documents which may be required or called for, and do all other things which, during the proceedings on the said reference, the said arbitrators, arbitrator, or umpire may require; and that the witnesses on the reference shall, if the arbitrators, arbitrator, or umpire shall think fit, be examined on oath or affirmation.

Each Party may inspect Books, etc.

Each of the parties shall in the mean time be at liberty to inspect, peruse, and have copies of all or any of the books, papers, and writings in the hands, custody, or power of the other or others of them the parties respectively, relating to the matters in reference.

Power to employ Accountant.

The said arbitrators or umpire shall be at liberty to appoint and employ an accountant to assist them or him, at the expense of the said parties, who shall be liable to such accountant for his reasonable remuneration, and as between the said parties the fees of such accountant shall be borne and paid as the said arbitrators or umpire shall direct; and such accountant may be required to make his solemn declaration, according to the statute in that behalf, of the truth of the account or statement to be made out by him.

Evidence taken by Arbitrators may be acted on by Umpire.

The said umpire shall be at liberty to act upon all or any part of the evidence taken before the said arbitrators as reported by them to him, and to make his award thereupon (unless either of the parties to the reference shall require any witnesses to be reheard, or any other evidence to be retaken, or shall tender any

fresh evidence, in which case the said umpire shall hear or examine such witnesses or evidence).

Death of Party does not affect Reference.

And it is further agreed that the submission hereby made shall not be defeated or affected by the death of the said parties, or any of them, pending the same, but shall or may be proceeded in, and the matters in difference determined in the same manner as if the award of the said arbitrators had been made or determined in the lifetime of the party or parties so dying; and the executor or executors, administrator or administrators, of the party or parties so dying shall be, and be deemed and considered to be, a party or parties to the reference or submission hereby made, any rule of law or equity to the contrary notwithstanding.

Disabilities not to affect Reference.

The power or authority hereby given to the said arbitrators shall not be revoked or determined by either of the said parties, or by the death, bankruptcy, insolvency, legal incapacity, or disability of either of them; but the said arbitrators shall, notwithstanding any or either of such events, proceed in the business of the said reference as if no such event had happened; and the decision of the said arbitrators or umpire in the premises shall, notwithstanding such events, be as binding and conclusive upon the said parties, and the heirs, executors, or administrators of the parties so dying, becoming bankrupt or insolvent, or subject to any legal incapacity or disability; but so far only as to affect any assets which may be applicable by law to the satisfaction of any sum which may be awarded by the said arbitrators or umpire to the other or survivor of them, the said parties hereto, or to the representatives of the other of them.

General Power to direct what shall be done.

The said arbitrators or umpire shall have full power in all respects to award and direct what shall be done by the said parties respectively in relation to the matters in difference.

Power to direct Execution of Deeds.

The said arbitrators or umpire shall have power to award and direct that the said parties hereto, or any one or more of them, or their respective heirs, executors, administrators, or assigns,

shall execute and do such releases, conveyances, assurances, and things as the said arbitrators or umpire shall think fit, and such releases, conveyances, assurances, and things shall be executed and done accordingly.

Power to make Submission and Award a Rule of Court.

And it is hereby agreed and declared that this submission to reference, and any award made in pursuance thereof, may, at the instance of either of the parties to the reference, and without any notice to the other of them, be made a rule or order of the court.

Power to direct Entry of Judgment.

The said arbitrators or umpire shall be at liberty to direct judgment to be entered for the plaintiff or defendant in the said action, or to direct all further proceedings in the said action to be discontinued or stayed, or to direct the said action to be dismissed with or without costs, or to direct such proceedings to be taken in or with respect to the said action as the said arbitrators or umpire shall deem fit.

Costs to abide Event.

The costs of the said action, and of this reference and the award, shall abide the event of the award.

Costs between Attorney and Client.

The arbitrator shall be empowered to award costs to be paid as between attorney and client.

Commencement of Award reciting Submission by Agreement or Deed. Whereas by a certain agreement in writing or indenture, bearing date the -, A. D. 18-, made between

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of of the first part, and of of the second part, reciting that (state matters submitted) it was agreed that the same (or that all matters in difference) should be referred to the award and final determination of of, and of Now we the said arbitrators, having taken upon ourselves the burden of the said arbitration, and having heard and duly considered all the allegations and evidence of the said respective parties of and concerning the said matters in difference, and so referred as aforesaid, do make and publish this our award, in

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