Page images

or by a receiver, to be named by the arbitrator. He may award which if either of the partners shall be entitled to continue to carry on the business and upon what terms as to price, mode of payment, indemnity and otherwise, and in that case shall determine what restrictions (if any) as to trading shall be imposed on the other partner, and in that case also in the event of the payment of the consideration being by instalments, he shall determine what security shall be given for the due payment thereof. And he may direct the execution by each of the parties hereto of all notices, deeds and documents whatsoever necessary or proper for giving full effect to his award.

THE submission to reference hereby made shall not be deemed or taken to be an admission by the said A. B. that he has assets of the said [deceased]; but the said A. B. shall be at liberty to deny before the said arbitrator at any time before the case is closed that he has at the time of such denial assets in

(2.) In a submission by an

executor or


-reference not to be an admission of

his hands lawfully liable to the demands of the said C. D.; assets.
and if the said A. B. shall make such denial as aforesaid, the
said arbitrator, if requested by the said C. D., shall inquire
whether or not the same be true. If the said arbitrator shall
by his award find any sum of money to be due to the said
C. D., he shall, if he shall find that the said A. B. had at the
time to which the said inquiry referred, assets liable to the
demands of the said C. D., direct the said A. B. to pay to the said
C. D. the said sum awarded to be due, or so much thereof as
the assets so found to be liable shall be sufficient to satisfy.
And if the said arbitrator shall find that the said A. B. had no
such assets or not sufficient to pay the whole amount so awarded
to be due to the said C. D., he shall be at liberty to award that
the said A. B. shall pay to the said C. D. the said amount (or
so much thereof as the assets in hand do not avail to satisfy as
aforesaid) out of any assets which may have come into the
hands of the said A. B. since the time included in the said
inquiry as aforesaid, or which may thereafter come into them.
And if the said arbitrator shall find any sum of money to be
due from the said C. D. he shall direct the latter to pay the
same to the said A. B.



(3.) Particu

lars of claims, &c., to be

furnished by each party.

(4.) Evidence.

(5.) Arbitrator may decide without



EACH of the said parties within

days from the date of these presents, shall deliver to the other of them, and to the said arbitrator, a full and particular account in writing of all his claims, and of all the items thereof, giving credit for all payments, counterclaims, and deductions, and leaving a margin of at least two inches and a half on each page, and shall at the same time deliver all contracts, writings, maps, plans, and drawings, or copies thereof, that may be necessary to illustrate the said account.

days after receiving

Each of the said parties, within the said accounts from the other of them, shall state in writing against each item, either actually or by reference in the margin of the said account, or of a copy thereof, whether he admits such item in the whole, or in any and what amount; and in case he objects to such item shall so state whether he objects to the whole, or to any and what part thereof, and, as far as possible, the grounds of such objection, with reference to maps, plans, or drawings where necessary to illustrate such objection; and each of the parties shall deliver such statement to the other of them and to the said arbitrator.

The same course shall be adopted concerning any set-off or counterclaim adduced by either of the parties against the demands of the other of them.

THE arbitrator may, in his absolute discretion, admit as evidence any affidavit or statutory declaration concerning the matters in difference (and whether the same may have been made in any other proceeding or in contemplation of this reference), a copy thereof having been given three days previously to the party against whom the same is offered; but the person whose evidence is so taken shall (if living) be subject at any time to cross-examination by such party, if he shall think fit to bring him or her before the said arbitrator.

THE arbitrator having been appointed on account of his expert knowledge, shall view the premises and may inspect any plans and drawings and peruse any documents, but he shall not

be required to take the evidence of any witnesses, though he may do so if he think fit.


To save expense the umpire may sit and take the evidence with (6.) Umpire the arbitrators, and may from time to time examine the witnesses to sit with and decide any questions as to the admissibility of evidence upon which the arbitrators differ or are in doubt, but save as aforesaid, he shall not interfere until the matters stand referred to him.

taken by arbitrators

THE said umpire shall be at liberty to act upon all or any (7.) Evidence part of the evidence taken before the said arbitrators as reported by them to him, and to make his award thereupon [unless may be acted either of the parties to the reference shall require any witnesses on by umpire. 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].

THE costs of the reference and award shall abide the event (8.) Costs to of the award.

THE Costs of the action shall abide the event of the award as to the action, and the costs of the reference and award shall be in the discretion of the arbitrator.

EACH of the said parties shall bear and pay his own costs of and attending the reference, and the costs of the award shall be borne and paid by the said parties in equal proportions.

THE arbitrator shall have the same power as to certifying and otherwise as a judge of the High Court of Justice.

THE arbitrator shall be at liberty to employ an accountant to whose examination he may submit such accounts connected with the matters hereby referred as he shall think fit. And the said arbitrator may act upon any statement of accounts given by such accountant without being obliged to verify the same.

abide event of award.

(9.) Costs of action abide event; other costs in discretion of arbitrator.

(10.) Each party pay reference;

own costs of

award to be
paid in
(11.) Power to

(12.) Power to employ accountant.

THE arbitrator may have a legal assessor to sit with him, and (13.) Legal may act under the advice of such assessor.


(14.) Opinion of counsel.

(15.) Power to
have maps,
&c., made.

(16.) Power to fix price of land and

employ a sur

veyor in a submission between a vendor and purchaser.

(17.) Power to make several awards.

THE arbitrator shall be at liberty at any stage of the proceedings to state a case for the opinion of counsel upon any question arising in the course of the reference, and may act upon the opinion so taken.

THE arbitrator shall have power to cause such maps, plans, and admeasurements to be made and taken as he shall deem necessary or expedient, and the costs and expenses thereof shall be in the discretion of the arbitrator.

THE arbitrator shall have power to fix the price and terms upon which the said, &c., shall be sold by the said E. F. to the said G. H., and to and for that end or for any other purpose in relation to the premises he may, if he shall think fit so to do, require the aid and take the opinion of any surveyor or surveyors or other person or persons, and adopt such other measures and give all such directions as shall to the arbitrator appear advisable or expedient.

THE arbitrator may from time to time make his award upon any question or questions in dispute between the said parties that may have arisen, and he shall not by so doing be deemed or taken to have determined his authority until all matters relating to the premises shall have been finally disposed of. Any separate award shall be observed and performed without waiting for another award.

No. XX.

Appointment of a Third Arbitrator by the two others pursuant to the Submission.

We, the within-named E. F. and G. H., by this memorandum in writing under our hands made before entering upon the consideration of the matters within referred, do hereby nominate and appoint J. K., of &c., to be the third arbitrator to act with us according to the provisions of the within-written indenture [or other instrument], provided that he do, within days from the date hereof, consent to act.

As witness our hands this

day of

[ocr errors][merged small]

No. XXI.

Appointment of Umpire.

We, the within-named, &c., do hereby appoint J. K., of &c., to be the umpire pursuant to the provisions contained in the within-written agreement of reference, provided that he do within days from the date hereof consent to act.

As witness our hands this

day of



Appointment of an Umpire in the Place of one who Dies or Refuses to Act.

In the matter of an arbitration between, &c.

Whereas we the undersigned A. B., of &c., and C. D., of &c., duly appointed E. F., of &c., to be the umpire in the above matter: And whereas the said E. F. has since died [or refuses to act or is incapable of acting]: Now THEREFORE, in pursuance of the provisions of the Arbitration Act, 1889 [or of the submission under which we are acting], we hereby appoint G. H., of &c., to be an umpire in the above matter in the place of the said E. F.

As witness our hands the

day of



Notice calling upon the Arbitrators to Act.

In the matter of an arbitration between, &c.

Take notice that I, the above named [party giving notice], hereby call upon you to act in the above matter and proceed in the reference. And further take notice that if for seven days after service upon you of this notice you fail to act I shall treat such failure as a refusal to act in the matter of such reference.

As witness my hand the- day of

To A. B., of &c., and C. D., of &c., the arbitrators appointed in the above matter.


[ocr errors]

N. 0.

« EelmineJätka »