that the said two several appointments of arbitrators, or submissions to arbitration, be respectively entered and made a rule of this court: which two several appointments of arbitrators, or submissions to arbitration, are in the words following, to wit [copy of the appointments verbatim]. Upon the motion of Mr. [ ](i). LXXVIII. By the Court. and a submission to arbitration, bearing date, Plymouth [ In the High Court of Justice. LXXIX. [Year, letter, and number.] Order making award order of Chancery Division by consent. Upon motion this day made unto this court by Mr. E., of counsel for the plaintiff, it was prayed that the writing of award, bearing date the ], under the respective hands and seals of [ ] day of [ X. Y. and U. V., Esquires, and by them sealed and delivered, being first duly stamped, in the presence of [ ], may be made an order (i) See P. III. ch. 5, s. 2, p. 584, as to making a submission under the Lands Clauses Act a rule of court. (k) See Reg. Lib. A. 1847, fol. 70, E. D. C. of this court: Whereupon, and upon hearing Mr. F., of counsel for the defendant, who consented thereto :-This court doth order, that the said award be made an order of this court; and that the same be observed and performed by all parties thereto, according to the tenor and true meaning thereof (1). Upon motion this day made unto this court by Mr. E., of counsel for And in the matter of the Arbi- ( the said A. B., it was prayed that the [ LXXXI. [Entitle the affidavit as an affidavit of an execution of an award, Form LXXII.]-I, A. B. of [ ], one of the parties to the said arbitration, make oath and say : 1. A submission of me and of C. D., X. Y., was made in writing on the [ Affidavit of service of submission, allocatur and award, and of [ ], to the award of ] day of [ ], A.D. demand of sum and costs 2. I personally served the said C. D. with a true copy of the said submission, and of the master's allocatur given for costs, taxed pursuant to the said award, and also with a true copy of the award of the said X. Y. hereto annexed; and at the same time showed the said C. D. the said original submission, allocatur, and award, and demanded of him the payment of the sum of £ [ by the said award; and also the sum of £ [ ], awarded to me master for costs, pursuant to the said award; but the said C. D. did (7) In the case of Stanley v. Blundell, V.-C. E., 21st Dec., 1846; and Fradley v. Haslam, M. R., 19 Ap. 1847, the awards were made orders awarded. Notice of enlargement. not then, or at any time afterwards, pay the said sums, or either of them, or any part of either of them, to me or to any person on my behalf; and both the said sums now remain wholly due and owing to me. 3. At the time of making the demand of the said sums, the said C. D. had notice, and I then gave him notice, that the time for making the said award had been duly enlarged, and that the same award had been made and published within the said enlarged time (»). LXXXII. ], for Know all men by these presents, that I, A. B., of [ divers good causes and considerations me hereunto moving, have made, ordained, authorized, constituted, and appointed, and by these presents do make, ordain, authorize, constitute, and appoint, E. F., of [ gentleman, my true and lawful attorney, for me, and in my name, and to my use, to ask, demand, and receive, of and from C. D. of [ ], the sum of £[ ], awarded to be paid to me by the award of X. Y., made under the submission between me and the said C. D., dated the [ ] day of [ ], A.D. [ ], and also the sum of £ [ ], for costs, allowed to me by the allocatur of the master, pursuant to the said award, and under and by virtue of an order of the Queen's Bench Division of the High Court of Justice, bearing date the ]; and on payment thereof, acquittances, or other sufficient discharges for the same for me, and in my name, to make, seal, and deliver, and to do all other lawful acts and things whatsoever concerning the premises, as fully in every respect as I myself might or could do, if I were personally present. And I hereby ratify, confirm, and allow all and whatsoever my said attorney shall in my name lawfully do, in and about the said premises, by virtue of these presents. In witness whereof I have hereunto set my hand and seal this [ ] day of [ ], A.D. [ ] (0). A. B. (L.S.) Sealed, signed, and delivered, in the presence of O. P. [ ] day of [ ], A.D. [ (n) See P. III. ch. 6, s. 2, p. 595, as to the proceedings for an attachment; P. III. ch. 7, s. 2, p. 623, as to the proceedings for a rule to pay the sum awarded. (0) See P. III. ch. 6, s. 2, p. 595, as to the demand necessary before an attachment. [If the reference is in a cause, say "Between A. B., Plaintiff, and C. D., Defendant." If there is no cause, say, "In the matter of the arbitration between A. B. and C. D."] Upon hearing the solicitors or agents [or counsel] on both sides, and upon reading the affidavits of G. H. and I. K., it is ordered that the defendant [or the said C. D.] do pay to the plaintiff [or to the said A. B.] the several sums of £ [ ][the sum awarded] and £ [ [the amount of taxed costs], pursuant to [the order made in this cause or "the submission"], on [date of order of reference or of the submission], the award made between the parties, and the allocatur of E. F., one of the masters of the Supreme Court, and that the defendant [or the said C. D.] do pay to the plaintiff [or to the said A. B.] the costs of and occasioned by this application. Judge's order for payment of sum awarded. after trial by a referee. The action having on the 27th November, 1881, been tried before Judgment X. Y., Esq., an official [or "special"] referee, and the said X. Y. having found [state substance of referee's certificate], [or having ordered that judgment be entered for ], it is this day adjudged that [ The questions of account in this action having been referred to Judgment ], and he having found that there is due from the [ (p) See the Rules of the Supreme Court, Appendix F 8. ]to after trial of questions of The above costs have been taxed and allowed at £ [ ], as ] day of [ LXXXVI. Notice of motion for adoption and enforcement of report. [Commence the notice of motion as in Form XIII.]—on the part of the plaintiff [or defendant"], that the report, dated [ [ ] day of ] of X. Y., Esq., the official referee [or "special referee"] in this action [or "matter"], may be adopted [if it is desired that part only of the report be adopted, continue, "so far as the same reports that the sum of £ [ is due from the defendant to the plaintiff," or as the case may be], and that the defendant may be ordered to pay to the plaintiff the sum of £ [ ], mentioned in the said report, together with the plaintiff's costs of this action to be taxed. LXXXVII. Notice of motion to set aside award. In the matter of an arbitration between A. B. and C. D. Take notice that the court will be moved on Tuesday the [ ] day of December, 1891, at 10.30 o'clock in the forenoon, or so soon after as counsel can be heard by [ ] on behalf of A. B., that the award made between the parties by X. Y. may be set aside on the following grounds:-1st [here state the grounds, e.g. (1) that the arbitrator misconducted himself in that no proper judicial investigation of the matters in dispute was held by him in the presence of the parties; (2) that no evidence was taken by the arbitrator, nor any opportunity given to the applicant of calling witnesses or cross examining the said C. D. or his witnesses, although the applicant was anxious to do so]. And take notice that the said A. B. will in support of such motion read the following affidavits filed in this matter, namely, the affidavit of W. K. sworn on the [ ], and filed on the same day, the affidavit of C. F. sworn on the [ ] day of December, and filed on the [ ] day of December, copies of which affidavits are served herewith. Dated this [ ] day of [ ]day of December, 1891. To the above C. D. Solicitors to A. B. (9) Rules of the Supreme Court, Appendix F. 9. |