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in the said action, and that the costs of the further reference and award should be in my discretion.

Now I, the said X. Y., having taken upon myself the burthen of this further reference, and having heard and duly considered the allegations and proofs further made and adduced by the said parties, and having, in pursuance of the said rule, reconsidered the amount of the said damages; do hereby award and declare, that I see no reason to alter the amount of the said damages, and I do therefore hereby confirm my former award, and direct it to stand as to the said damages.

And I further award and order, that the said C. D. shall pay and bear the costs of this my second award, and also pay to the said A. B. his costs of and incidental to this second reference.

In witness whereof, &c.

LXIX.

In the High Court of Justice.

[ ], 18. No. .

Queen's Bench Division.

[

Between A. B., Plaintiff,

and

C. D., Defendant.

referee appointed to inquire and report.

Whereas by an order of reference hereunto annexed, made by Report of ], bearing date the [ ] day of [ ], in a certain action pending between A. B., plaintiff, and C. D., defendant, it was ordered that the questions arising therein [or "the question whether," as in the order of reference] should be referred to me for inquiry and report, pursuant to the Arbitration Act, 1889, s. 13.

Now I, the said X. Y., having duly heard and considered the evidence given before me relating to the said questions [if there has been a view, add, "and having viewed the premises mentioned in the statement of claim,"] do hereby report to the judges of the aforesaid division of the High Court of Justice, as follows: [Here set out the report on the particular matters referred].

In witness whereof I have hereunto set my hand, this [ of [

], A.D. [

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] day

X. Y.

LXX.

Report of referee appointed to try.

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[Commence as in the preceding form down to "it was ordered"]-that the issues of fact and account in this action [or “the following questions of fact' or 'account,' viz.," here state the questions as in the order of reference, or "the whole cause"] should be tried before me, pursuant to s. 14 of the Arbitration Act, 1889.

66

Now I, the said X. Y., having duly heard and considered the evidence given before me relating to the said questions [or "cause"], and having tried the said questions [or "issues of fact," or cause"], do hereby report. [Here set out findings on each question and issue referred.]

In witness whereof I have hereunto set my hand, this [

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] day

X. Y.

Signed and published this [

[], in the presence of [

] day of
1.

PROCEEDINGS ON THE AWARD.

LXXI.

In the High Court of Justice.

Queen's Bench [or Chancery] Division.

I, O. P., of [

], make oath and say:—

1. On the [

] day of [

], A.D. [

Affidavit of execution of

], I was present bond of

and did then see C. D. duly execute the bond or obligation hereunto submission. annexed; and the said C. D. did then sign, and as his act and deed deliver, the said bond or obligation in the presence of me, this deponent; and the name C. D. at the foot thereof is of the proper handwriting of the said C. D.; and the name O. P. subscribed to the said bond as the witness thereof is of the proper handwriting of me, this deponent.

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O. P.

In the High Court of Justice.
Queen's Bench Division.

[Year, letter, and number, if any.]

[When there is no cause in court omit all title of the parties, or say, "In the matter of the arbitration between A. B. and C. D."]

I, O. P., of [

Between A. B., Plaintiff,

-

and

C. D., Defendant.

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], make oath and say :] day of [ 1. I, this deponent, did, on the [ see X. Y. "sign and publish" [or "sign, seal, and case may be], "the award in writing hereto annexed" [or in writing, between A. B., of [ ], and C. D., of [ date the day and year aforesaid"].

], bearing

2. The name X. Y. set and subscribed to the said award as the party executing the same is of the proper handwriting of the said X. Y.

execution of

an

award.

3. The name O. P., set and subscribed thereto as witness attesting the execution of the said award, is of the proper handwriting of me, this deponent (g).

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of award on motion to set aside award.

Between W. B., Plaintiff,
and

The C. D. Railway Company, Defendants. ], solicitor for the above W. B., make oath

1. I, on the [ ] day of [ ], received from M. T., the solicitor for the above-named company, a copy of the award made by M. P., in the matter above-mentioned, and which said copy of the said award is hereunto annexed, and which said award was taken up, and is now in the possession of the said M. T. as such solicitor as aforesaid, or of the said company, as I, this deponent, verily believe (h).

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3. The name of the said X. Y. set and subscribed to the said indorse

ment is of the proper handwriting of the said X. Y.

4. The said award was made and published on the [

], A.D. [

] day

], and within the enlarged time for

of [
making and publishing the same.
This affidavit is filed on behalf of [

(g) See P. III. ch. 9, s. 4, d. 1, p. 677, as to verifying the award.

].

(h) See P. III. ch. 9, s. 4, d. 1, p. 677, as to sufficiently verifying the award.

In the High Court of Justice.

Queen's Bench Division.

In the matter of an arbitration between A. B. and C. D.

LXXV.

] day of [

The [ ], A.D. 1890. Upon reading the affidavit of [ ] Order making and the agreement thereunto annexed, reference an agreement of dated [ ], between [ ] and [ ]. order of court. It is ordered that the said agreement be entered and made an order of the High Court of Justice, Queen's Bench Division, which said agreement is in the words following, to wit [here copy the agreement verbatim]. Upon the motion of Mr. [

].

By the Court.

LXXVI.

In the High Court of Justice.

Queen's Bench Division.

Rule making

order of

Wednesday, the twenty-third day of November, A.d. 1890. Lancashire.] It is ordered that an order made at the General Quarter Sessions of the Peace, held by adjournment at Preston, in and for the reference by County Palatine of Lancaster, on the fifth day of April, 1890, be entered Quarter and made a rule of this court, which said order is as follows, that is Sessions a rule

to say.

[Here set out the order of Sessions, referring the matters of appeal verbatim. See Form XXXVII.]

of court.

LXXVII.

In the High Court of Justice.

Queen's Bench Division.

Monday, the [

In the matter of the arbitration between the London and NorthWestern Railway Company under the Lands Clauses Consolidation Act, 1845, and O. P.

under the

Lands Clauses
Consolidation

Act rule of the

Queen's Bench

Division.

] day of July, A.D. 1890. Upon reading the affidavit of K. L. Rule making [verifying appointment of arbitrator submission by the company], and the appointment of arbitrator or submission to arbitration on the part of the London and North-Western Railway Company, under the Lands Clauses Consolidation Act, 1845, and bearing date the [ of appointment], and duly executed "by A. B. and C. D., two of the directors of the said company" [or by "E. F., secretary to the said company"], thereto annexed, the affidavit of L. M. [verifying appointment of arbitrator by the landowner], and the appointment of arbitrator or submission to arbitration on the part of the said O. P., bearing date the [ ] day of [date of appointment], thereto annexed, it is ordered.

] day of [date

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