the

noon, and so from day to day until the above matter is tried, to give evidence on behalf of the above-named C. D. WITNESS, &c.

No. XXXV. (b).

Subpoena duces tecum.

[Heading as in last form.]

EDWARD THE SEVENTH, by the grace of God, &c., to [the names of three witnesses may be inserted], greeting.

command you to attend before

day, the

the

day of

We

at

on

noon, and so from day to day until the above

matter is tried, to give evidence on behalf of the above-named and also to bring with you and produce at the time and place aforesaid [specify documents to be produced]. WITNESS, &c.

No. XXXVI.

Summons for Enlargement of Time for making Award. [Formal parts according to No. XXVII., or No. XXVIII., as the case may require.] Upon the hearing of an application on the part of for an order that the time limited for the arbitrator making his award between the parties may be enlarged until the day of

19-.

No. XXXVII.

Enlargement of Time by Arbitrator under a Power in

the Submission.

I, the within-named A. B., hereby [if a second enlargement "further"] enlarge the time for making my award concerning the matters comprised in the within-written submission until

No. XXXVIII.

Enlargement of Time by the Parties.

WE, the within-named A. B. and C. D., do hereby agree to allow the within-named arbitrators further time for making their award of and concerning the several matters within referred to them, namely, until the

next ensuing.

IN WITNESS, &c.

[NOTE.

day of

now

This must be by an instrument of as high a nature as the submission.]

No. XXXIX.

Form of Oath to be Administered to Witnesses (a). THE evidence which you shall give touching the matters in difference between the parties to this reference shall be the truth, the whole truth, and nothing but the truth; so help you God.

No. XL.

Form of Affirmation by a Witness.

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

No. XLI.

Oath in Scotch Form.

[To be uttered by the witness with the right hand uplifted.] I swear by Almighty God I will speak the truth, the whole truth, and nothing but the truth.

(a) In the case of a Jew the oath ends "So help you, Jehovah"; and he is sworn with his hat on, and on the Old Testament.

No. XLII.

Notice to the Parties of the Award made.

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

Gentlemen,

day of

19-.

I hereby give you notice that I have this day made and published my award of and concerning the above matter, and that the same now lies at my chambers ready for delivery upon payment of my charges, amounting to £

To A. B. and his solicitor,

and to C. D. and his solicitor.

X. Y. [Arbitrator].

No. XLIII.

Award by a Single Arbitrator determining Cross Claims and ordering Payment of a Sum by one Party to the other.

TO ALL TO WHOм these presents shall come, I, G. L., of the Middle Temple, Esquire, barrister-at-law, send greeting. WHEREAS by an agreement in writing dated the

day of , and made between A. B., of &c., of the one part, and C. D., of &c., of the other part, the said parties agreed to refer all matters in difference between them [if necessary add "relative to," &c., stating the specific matters] to me, the said G. L., so that I should make my award thereon ready to be delivered to the said parties on or before the

day of

then next. NOW KNOW YE that I, the said G. L., having taken upon myself the burthen of the said reference, do make and publish this my award, of and concerning the matters so referred to me as aforesaid, in manner following, that is to say, I AWARD and determine that the said C. D. has a just and valid claim against the said A. B. to the extent of £and that the said A. B. has a just and valid claim against the said C. D. to the extent of £

[a less sum],

so that, after deducting the latter sum from the former, there remains justly due to the said C. D. from the said A. B. the

AND I direct the said A. B., on the next, to pay the said sum of £

to the

sum of £day of said C. D. [AND I direct that the said sum of £shall be paid and accepted, as and for full satisfaction and discharge, and as a final end and determination of the said differences in the matters so referred as aforesaid, and all demands upon or in respect of the same by either of the said parties against the other of them.] AND I further award that the said A. B. shall bear and pay his own costs of and attending the said arbitration, and shall pay to the said C. D. his costs of and attending the said arbitration, and shall pay the costs of this my award. [AND I determine the costs of the said C. D. to amount to £—

IN WITNESS whereof I have hereunto set my hand this

day of

Signed in the presence of

19-.

G. L.

The testimonium clause to the duplicate copy of the award will be, "IN WITNESS whereof I have set my hand to this duplicate of my award this

day of

19-."

No. XLIV.

Award by three Arbitrators, on a Submission by several Persons, respecting Claims under three Wills.

TO ALL TO WHOM, &c., We [three arbitrators] send greeting. WHEREAS by an agreement in writing dated the day of -- , and made between J. H., of &c., of the first part, J. M., of &c., and Jane his wife (late Jane H., spinster) of the second part, the Reverend J. S., of &c., claiming in right of his late wife, C. S., now deceased, of the third part, C. H., of &c., spinster, of the fourth part, and T. H., of &c., of the fifth part; the said parties agreed to refer all claims which they or any of them had, or pretended to have, by, from, or under the several wills of T. T., G. H., and J. H. respectively, deceased, to the award and final determination of us, the said [three arbitrators], so as, &c. [recite time within which the award to be

:

made, power to direct what shall be done, &c.]. NOW KNOW YE that we, the said [three arbitrators], having taken upon ourselves the burthen of the said arbitration, Do FIND, that the said T. T., by his said will, among other specific legacies, gave and bequeathed to his nephew J. T., who is yet living, the yearly interest of the sum of two hundred pounds, during his natural life and that after the decease of the said J. T. the said testator gave and bequeathed the said principal sum of two hundred pounds unto and amongst all and every the child and children of his said nephew J. T., who should be living at the time of the decease of the said testator, to be equally divided between them, share and share alike; and that the said T. T., by his said will, gave, devised, and bequeathed all the rest and residue of his estate, both real and personal (subject nevertheless to the payment of his debts, legacies, and funeral expenses, with which he charged as well his real as his personal estate), to the said G. H., deceased, his heirs, executors, and administrators, whom he appointed sole executor of his said will. AND we further find that the estate of the said T. T., which came to the hands and possession of the said G. H., deceased, was fully sufficient to satisfy and discharge all the debts, legacies, and funeral expenses of the said T. T., and the expenses attending the execution of his said will; and that a certain freehold house, with a close of land adjoining and thereto belonging, with the appurtenances, situate, lying, and being at now in the possession or

in the said county of

occupation of the said C. H., was part of the estate of the said T. T., and charged by him in and by his said will with the payment of his debts, legacies, and funeral expenses, as aforesaid; and remains subject to and chargeable with the bequest hereinbefore mentioned to the said J. T. and his children: and further, that the said T. H., as surviving executor of the will of the said G. H., is entitled to the sum of one hundred pounds, secured by mortgage on a certain freehold house, with the appurtenances, situate at aforesaid, and known by the sign of the White Lion, in the occupation of W. E. AND we further find that all claim, interest, and demand which the said J. H., Jane M., or the said J. M. in her right, and the said