J. S. in right of his said late wife, or either of them, ever had in or upon the estate or effects or under or by virtue of the wills of the said T. T., G. H., and J. H., or of either of them, have been fully satisfied and discharged. AND we hereby award, that the said C. H., her heirs, executors, or administrators shall, within one calendar month from the day of the date hereof, deliver into the hands of the said T. H., or of his solicitor, all deeds and other writings in her custody, possession, or power, relating to, or in any way affecting, the said freehold house and premises known by the sign of the White Lion: AND shall also, within one calendar month from the day of the date hereof, execute a conveyance of the fee simple, and deliver possession of the said freehold house and close, with the appurtenances, situate at aforesaid, and all deeds and other writings relating to or in any way affecting the same, or the title thereof, to the said T. H. AND we further award, that the said C. H. shall retain for her own use and benefit all other the effects which came, or which may hereafter come, to her hands or possession as executrix of the last will and testament of J. H. (save and except any rents which she may have received since the decease of the said J. H. for or on account of the said estate at aforesaid) in full satisfaction of all claim, interest, and demand which she has or ever had in or upon the estate and effects or under or by virtue of the said several wills of the said T. T., G. H., and J. H., or of either of them. AND we hereby further award that the said T. H. shall, out of the said mortgage on the said house, with the appurtenances, at called the White Lion, and out

of the said freehold house and close at pay, satisfy, and discharge the bequest to the said J. T. and his children, according to the direction of the said will of the said T. T. AND we further award and order that the said C. H. shall account for and pay to the said T. H., his executors or administrators, within one calendar month from the date hereof, all rents which she may have received for or on account of either of the estates at aforesaid, since the decease of her said brother J. H. AND we do also award and order that the said T. H. shall pay and refund to the said C. H., her

and

executors or administrators, all sum and sums of money which she may have advanced or paid the said J. T., for and on account of the interest of the said sum of two hundred pounds mentioned in the will of the said T. T., since the decease of her said brother J. H. AND we do likewise award, order, and direct, that the said T. H. shall within one calendar month from the date hereof pay or cause to be paid to the said C. H. the sum of twelve pounds twelve shillings, for and in full discharge of all expenses which she has been at in the repairs of the said houses at and- aforesaid, or otherwise howsoever. AND we do further award, that the said C. H. shall give and execute to the said T. H. a release of all demands for or on account of any claim or interest in or upon the estate and effects, or under or by virtue of the wills of the said T. T., G. H., and J. H., or of either of them: and further, that the said C. H. do and shall within one calendar month from the date hereof deliver unto the said T. H., his executors or administrators, all books, accounts, discharges, releases, and writings whatsoever respecting only the estates of the said T. T. and G. H., deceased, or either of them, and which are now in her custody, possession, or power: and that when the said C. H. shall have fully complied with this our award in all things hereby ordered to be done by her, then the said T. H. shall give and execute to her a similar release: and that the said J. H. and J. M. in right of his said wife, and the said J. S. in right of his said late wife, shall give and execute similar releases to the said T. H. and C. H. AND we also award and order that the said T. H. do and shall execute to the said C. H. a bond in the penal sum of eight hundred pounds under a condition to indemnify her the said C. H. against all demands of the said J. T. and his children who were living at the time of the decease of the said T. T., or any person or persons claiming through them; and also against all and every other person or persons whomsoever claiming under the will and wills of the said T. T. and G. H., deceased, or either of them. AND lastly, we do hereby award and order that the said T. H. shall pay or cause to be paid all charges and expenses attending the present arbitration. IN WITNESS, &c.

A.

B B

No. XLV.

Award by two Arbitrators of Compensation for Land taken under the Lands Clauses Consolidation Act (a).

TO ALL TO WHOM, &c., we, A. B., of &c., and C. D., of &c., send greeting. WHEREAS I, the said A. B., have been duly appointed an arbitrator on the part of R. P., of &c., and I, the said C. D., have been duly appointed an arbitrator on the part of the Railway Company (hereinafter referred to as "the Company "), for the purpose of settling by way of arbitration, in pursuance of the Lands Clauses Consolidation Act, 1845, the amount of compensation to be paid by the company for the purchase of all the estate and interest of the said R. P. in the lands and hereditaments specified in the schedule to a certain notice in writing under the hand of the secretary of the company, dated the day of and described in a map or plan annexed to the said notice (of which schedule and map or plan the schedule and map respectively hereunder written and hereunto annexed are copies), and also for the damage (if any) that may be sustained by the said R. P. by reason of the execution of the works of the company. AND WHEREAS the said R. P., by a notice in writing dated the

day of

and given by him to the company, described his interest in the said lands and hereditaments as an estate of inheritance in fee simple, and claimed the sum of £

for the purchase of his interest in the said lands and hereditaments, and the further sum of £ as compensation for injury which would be sustained by him by reason of the severing of the same lands from his other lands and otherwise injuriously affecting such other lands. AND WHEREAS the company offered to pay to the said R. P. the sum of £ as and for the

purchase of the said lands and hereditaments, and for compensation as aforesaid, and have not offered to pay any larger or other sum whatever in respect of the same. NOW KNOW YE, that we, the said A. B. and C. D., having taken upon ourselves the burthen of the said reference, and having, before entering into the consideration of any of the matters so referred to (a) For another precedent see Browne and Allen on Compensation, p. 824.

us as aforesaid, respectively made and subscribed, in the presence of a justice authorized in that behalf, the declaration required by the said Lands Clauses Consolidation Act, 1845 (which said declarations are hereunto annexed), and having viewed the lands and hereditaments herein before mentioned or referred to, and having heard, examined, and considered the allegations, witnesses, and evidence of the respective parties, and duly weighed and considered all and singular the matters and things to us referred as aforesaid, Do make and publish this our award in writing of and concerning the same as follows, that is to say: WE AWARD AND DETERMINE that the sum of £ be paid by the company to the said R. P. for the purchase of the inheritance in fee simple of the said lands and hereditaments, and that the further sum of

be paid by the company to the said R. P. for or in respect of the damage to be sustained by him by reason of the severing of the same from the other lands of the said R. P., or otherwise injuriously affecting such other lands by the exercise by the company of the powers of their Act, or any Act incorporated therewith (a).

IN WITNESS, &c.

No. XLVI.

Award on a Reference of an Action by Order of the King's Bench Division.

day of

by the

TO ALL TO WHOM, &c., I, G. J. N., of &c., send greeting. WHEREAS, by an order made in the High Court of Justice, King's Bench Division, on the Honourable Mr. Justice ; in a certain action, wherein A. B. was plaintiff and C. D. was defendant, it was ordered by consent that the said action should be referred to the award of me, the said G. J. N., and that I should have all the powers as to certifying and amending of a Judge of the High Court of Justice, and that I should make and publish my award in writing of and concerning the matters referred ready to be delivered to

(a) No direction as to costs is necessary (ante, p. 243).

day of

the parties in difference, or such of them as might require the same (or their respective personal representatives if either of the said parties should die before the making of the award) on or before the day of then next, or on or before such further day as I might from time to time appoint and signify in writing signed by me and indorsed on the said order; and it was also ordered that the costs of the cause and the costs of the reference and award should be in my discretion. AND WHEREAS I, the said arbitrator, did, by two several indorsements on the said order, enlarge the time for making my said award until the instant. Now KNOW YE, that I, the said G. J. N., 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 FIND that the plaintiff had a good cause of action against the defendant in respect of the matters alleged in the statement of claim, and I assess and award the damages which the plaintiff is entitled to recover in the said action at the sum of £. I FURTHER AWARD that the defendant do bear and pay his own and the plaintiff's costs of the cause, reference, and award. AND I direct that judgment be entered for the plaintiff for the said sum of £- and costs as aforesaid (a).

IN WITNESS, &c.

No. XLVII.

Commencement of an Award on a Reference by an Order of Nisi Prius made at the Assizes.

of

Sir

WHEREAS at the assizes held at

-, knight, one of the Justices of His Majesty's High Court of Justice, on the trial of an action wherein A. B. was plaintiff, and C. D. was defendant, it was ordered by the court, &c. [proceeding as in the last precedent].

(a) The award should direct how the judgment is to be entered (ante, p. 310).