absenting yourself"], I shall, at the request of "the other party" [or "C. D."] if present, go on with the reference ex parte.

The [

] day of [

To Messrs. A. B. and C. D.

[or to Mr. A. B.]

Form of oath

to be administered by the arbitrator.

XLIV.

The evidence which you shall give before me, the arbitrator, touching the matters in difference in this reference, shall be the truth, the whole truth, and nothing but the truth; so help you God.

Another form of oath.

XLV.

You shall true answers make to all such questions as shall be asked of you touching the matters in difference in this reference; so help you God.

Form of affirmation.

XLVI.

I, A. B., being [or "having been "] one of the people called Quakers [or "one of the united brethren called Moravians," or "being a Separatist"], do solemnly, sincerely, and truly affirm and declare, that the evidence which I shall give before you, the arbitrator, touching the matters in difference in this reference, shall be the truth, the whole truth, and nothing but the truth.

Another form

XLVII.

I solemnly promise and declare that the evidence given by me on of affirmation. this reference shall be the truth, the whole truth, and nothing but the truth.

XLVIII.

Another form

of affirmation.

I solemnly, sincerely, and truly affirm and declare that I will true answers make to all such questions as shall be asked of me touching the matters in difference in this reference.

XLIX.

In the Matter of the Arbitration before A. B., C. D., and E. F.

Sir,

In pursuance of the power given to me by the "order of reference" Demand by arbitrator of [or other submission, as the case may be], I require you to produce before production of me, on Monday, the third day of January next, at the hour of eleven documents. o'clock in the forenoon, at my chambers, Farrar's Buildings, Inner Temple, the following documents relating to the matters in this reference, that is to say [here enumerate the books, deeds, papers, and writings demanded, specifying and describing each with a reasonable degree of particularity as far as is practicable. It may often also be advisable to add, " and also all other books, deeds, papers, and writings, concerning the matters in difference referred to my decision"] (ƒ). Dec. 22, 1847.

To Mr. A. B. (g).

X. Y.
Arbitrator.

L.

Gentlemen,

arbitrator of a ment of the matters in

written state

In order that in forming my award I may not omit duly to estimate Request by every matter which is deemed of importance, I request you respectively to furnish me with a statement in writing of the particular matters (other than those included in the cause referred) which you desire me to take into my consideration as matters in difference in this reference (h). The [ ] day of [

], A.D. [

].
Yours truly,

X. Y.

To Mr. A. B. [or "Mr. G. H., solicitor to Mr. A. B.”], and to Mr. C. D. [or "Mr. I. K., solicitor to Mr. C. D."].

difference.

Sir,

LI.

We hereby give you notice that we cannot and shall not be able to agree in making an award, but have finally disagreed about the same,

(f) See P. II. ch. 4, s. 1, d. 8, p. 190, as to the arbitrator's power to call for documents.

(g) A copy of this notice should be served personally, as in the case of a demand of performance of an award, whenever there is any doubt of the party's willingness to comply with it;

for the courts, it is presumed, would
not enforce obedience by attachment,
unless there were a personal service,
with the requisite formalities.

(h) See P. II. ch. 4, s. 1, d. 14, p.
205, as to requiring statement in
writing of matters in difference.

and that you are at liberty to proceed as umpire to consider and award upon the matters referred (i).

Enlargement of time by arbitrator.

LII.

I enlarge the time for making my award respecting the matters referred to me by the (if the enlargement of time is to be indorsed on the submission, say, "within order of reference" [or other submission], if it is to be written at the foot of the submission, say, “above order of reference" [or other submission]), until the [

] day of [

Enlargement of time by the

parties.

LIII.

], A.D. [

[Enlargement indorsed on the submission.]-We, the within-named A. B. and C. D., do hereby agree to give and allow to the withinnamed arbitrator a further time for making his award, namely, until the [ ] day of [ ]; and we further declare and agree that all the provisions of the within-contained "agreement of reference" [or "bond of submission," or "order of Nisi Prius,"] shall continue of full force and effect; except that the same shall be construed and read as if the day hereby given and allowed had been given and allowed for the making of the award by the "within-contained agreement of reference" [or "bond of submission," or "order of Nisi Prius"].

In witness whereof we have hereunto set "our hands [if the submission be by bond or deed, say, our hands and seals,"] this [

A. B.
C. D.

(i) See P. II. ch. 4, s. 4, d. 4, p. 234, as to commencement of the umpire's authority.

(k) See P. II. ch. 3, s. 2, p. 143, as

to enlargement by the arbitrator.
(1) See P. II. ch. 3, s. 2, d. 2, p.
147, as to enlargement of time by the
parties.

υ.

D.

}

Upon reading [

Between A. B., Plaintiff,
and

C. D., Defendant.

], and upon hearing [

], and by Rule for en

consent of the parties; it is ordered that the time limited for the largement by arbitrator making his award between the parties be enlarged

consent.

In the High Court of Justice.
Chancery Division.

LV.

By the Court.

[ ], 18. No..

Upon motion this day made unto this court by Mr. E., of counsel Order of Chancery for the plaintiff, it was alleged that by an order dated the [ Division for day of [ ], it was, by consent, ordered that all matters in differ- enlargement ence should be referred to the arbitration, award, and final determina- by consent. tion of X. Y., Esq., barrister-at-law, who was to make his award on or before the [ ]; (if the time has been enlarged before, insert the following clause, "that by an order dated the [

] day of [

]

day of [ ], it was ordered that the time for the said arbitrator to
make his award shall be enlarged until the [ ] day of [ J");
that the said arbitrator has not yet been able to make his award; and
therefore it was prayed that the time for the said arbitrator to make
his award may be [if the order be for a second enlargement, say "further"]
enlarged to the [
].

] day of [

Which is ordered accordingly; Mr. F., of counsel for the defendant consenting thereto.

In the High Court of Justice.
[ ] Division.

LVI.

[ ], 18. No. .

Master in Chambers.

Between A. B., Plaintiff,
and
C. D., Defendant.

Summons for enlargement by a judge.

] day "after

Let all parties concerned attend the judge [or master] in Chambers at the Royal Courts of Justice, Strand, London, on the [ of [ ], at [ ] of the clock in the "forenoon" [or noon"] upon the hearing of an application on the part of [ that the time limited for the arbitrator's making his award between the parties should be enlarged until the [ Dated the [ ] day of [

This summons was taken out by [

].

], A.D. [

](m).

Judge's order for enlargement.

B.v.D. [or "In the

Upon hearing [ ], and upon reading the matter of an ar- affidavits of G. H. and I. K., it is ordered* that the bitration between (time limited for the arbitrator making his award A. B. and C. D."] between the parties "in this action" [or "in this matter"] be enlarged until [ next, on the grounds that [ J. Dated the [ ].

] day of [

Summons for leave to revoke.

LVIII.

[Commence the summons as in Form LVI., as far as the asterisk, and continue]" the plaintiff " [or "the said A. B."] should be at liberty to revoke and make void the power and authority of the arbitrator to make his award in the reference herein. [Conclude as in the Form LVI. (n).]

Judge's order for leave to revoke.

LIX.

[Commence the order as in Form LVII., as far as the asterisk, and continue]-that "the plaintiff " [or "the said A. B."] be at liberty to revoke and make void the power and authority of the arbitrator to make his award in the reference herein. [Conclude as in Form LVII.]

(m) See P. II. ch. 3, s. 2, d. 3, p. 149, as to enlargement of time by the

courts.

(n) See P. II. ch. 3, s. 3, d. 2, p. 155, as to revocation by leave of court.