No. XLVIII.

Commencement of an Award on a Submission by Order of the Chancery Division.

WHEREAS by an order of the Chancery Division of the High Court of Justice, made on the by

day of

Mr. Justice -, in a certain action, in which A. B. and C. D. were plaintiffs, and E. F. and others were defendants, it was, by the consent of the said parties and their counsel, ordered, amongst other things, that, &c. [reciting the material parts of the order].

No. XLIX.

Commencement of an Award on a Submission by mutual

Bonds.

WHEREAS, by a certain bond bearing date the

day of

A. B., of &c., became bound to C. D., of &c., in the penal sum of £ ; and by another bond bearing even date therewith, the said C. D. became bound to the said A. B. in the like penal sum, with conditions written under the said several bonds for making the same void if the said A. B. and C. D. respectively, and their respective heirs, executors, and administrators, should observe, perform, and keep the award of me, &c. [reciting such of the provisions as will justify the award].

No. L.

Commencement of an Award under a Clause for referring future Differences in a Building Contract.

TO ALL TO WHOM, &c. We, R. M., of &c., and G. H., of &c., send greeting. WHEREAS by articles of agreement, bearing date, &c., and made between A. B., of &c., gentleman, of the one part, and C. D., of &c., builder, of the other part, C. D., in consideration of the sum of £- to be paid to him as hereinafter is mentioned, covenanted with A. B., that he, C. D., would at his own expense, on or before the

day of

in a complete and workmanlike manner and with good and substantial materials of all sorts, make the several alterations,

reparations, and improvements to a messuage situate, &c., and in such manner as therein is more particularly mentioned and set forth in consideration whereof A. B. covenanted with C. D., that he would pay unto C. D. the sum of £manner following, that is to say, the sum of £

thereof, on the the sum of £

day of

in

part

then next ensuing, and

residue thereof, within fourteen days next after the said messuage should be completely repaired and improved in manner as therein is mentioned; and it was thereby mutually agreed, that if any dispute should arise between the said parties relating to the performance of the said articles, then the same should be left to the decision of two indifferent persons as arbitrators, the one to be named by A. B. and the other by C. D., or to an umpire to be chosen by the said arbitrators. AND WHEREAS C. D. has completed the said alterations and improvements, and received the said first payment of the sum of £ AND WHEREAS disputes have arisen touching the said alterations and improvements, and the same have been referred to us, the said R. M. and G. H. NOW KNOW YE, that we, the said R. M. and G. H., having taken upon ourselves the burthen of the said reference, do make and publish this our award of and concerning the premises in manner following, that is to say, &c.

No. LI.

Commencement of an Umpirage.

TO ALL TO WHOM, &c., I, X. Y., of &c., send greeting. WHEREAS by an agreement in writing, dated the

of

day

and made between A. B., of &c., of the one part and C. D., of &c., of the other part; after reciting that certain disputes and differences had arisen and were then depending between the said parties, it was agreed that the said disputes and differences should be referred to the award and final determination of E. F., of &c., and G. H., of &c., and in case they should not agree to the award of such person as the said arbitrators should by writing under their hands appoint as umpire, and that the decision of such umpire on the matters referred

should be final, so that, &c. [recite time for making award, the power to enlarge, and other powers justifying the subsequent recitals and directions]. AND WHEREAS the said arbitrators took upon themselves the burthen of the said reference, and by writing under their hands duly appointed me, X. Y., to be an umpire in accordance with the said agreement. AND WHEREAS the said arbitrators differed and were unable to agree upon the matters so referred to them as aforesaid, and thereupon the said disputes and differences stood referred to me for my award and determination thereon as umpire. AND WHEREAS I, the said X. Y., did, by two several memoranda in writing under my hand, indorsed on the said agreement, enlarge the time for making my umpirage and award until the

day of next. Now KNOW YE, that I, the said X. Y., having taken upon myself the burthen of the said reference and umpirage, do make and publish this my umpirage and award of and concerning the premises in manner following, that is to say, &c.

No. LII.

Recital of Enlargement of Time by Consent of the

Parties.

day of

AND WHEREAS by an indorsement on the said agreement, bearing date the and under the hands of the said A. B. and C. D. [or of all the said parties to the said agreement], the time limited in the said agreement for us to make our award was enlarged until the

next ensuing.

day of

No. LIII.

Recital of Enlargement of Time by several Orders of

Court.

AND WHEREAS the time for making and publishing my award, in pursuance of the said recited order, has, by several orders of the said court made from time to time, by and with the consent of the said parties, been and the same now stands enlarged, until the day of — next.

No. LIV.

Award on a general Reference by a Mortgagor and Mortgagee-Mortgagor to pay a Sum in full of all Demands-Estates to be re-conveyed and Mortgagor to be let into Possession and receive Arrears of Rent -Mortgagee to give a general Release.

on

between the

NOW KNOW YE, that we the said [two arbitrators], having &c., do order and award THAT the said C. D. shall pay, or cause to be paid, unto the said A. B. the sum of £the -day of now next, at the office of solicitor, at in the said county of hours of ten and twelve in the forenoon, in full satisfaction of all her claims and demands on account of principal, interest, and other moneys, costs, charges, and expenses whatsoever owing, or that have accrued to the said A. B. under or by virtue of her said mortgage security or otherwise. AND we hereby further award, order and declare, that on payment of the said sum of £- by the said C. D. to the said A. B., on the day and at the time and place aforesaid, she the said A. B. shall, at the expense of the said C. D., execute unto the said C. D. a re-assignment of all the mortgaged hereditaments for and during all the residue of the said term of years, or other her estate and interest therein; and also shall, on the day and at the time and place aforesaid, deliver or cause to be delivered unto the said C. D. all deeds, evidences, and writings whatsoever in her custody, power, or possession which relate to or concern the mortgaged premises, or any part or parcel thereof. AND we do hereby further order and award that the said C. D., his heirs, executors, administrators, or assigns, shali be thereupon let into the quiet and peaceable possession of all and singular the said mortgaged premises. And that the said C. D. shall be entitled to all such arrears of rent of the mortgaged premises as now are or shall be on the said.

day of next in the hands of the present tenants thereof. AND we hereby further order and award that she the said A. B. shall, upon receiving the said sum of £

at

the expense of the said C. D., execute to the said C. D. a good and sufficient release of all claims and demands and causes of action which she the said A. B. shall or may or can have, claim, or demand against the said C. D. [Directions as to costs.]

IN WITNESS, &C.

No. LV.

Award that a Partnership be dissolved, A. B. to receive all Co-partnership Debts and use C. D.'s Name in any Action; A. B. to pay all Demands on the Copartnership and indemnify C. D. therefrom; C. D. to deliver up all Co-partnership Books and accept a certain Sum in full of all Demands.

day of

NOW KNOW YE, that I, &c., having, &c., do make this my award of and concerning the matters so referred to me as aforesaid, in manner following, that is to say-First, I award that the said co-partnership shall be taken to have determined on the as from which date the said A. B. shall be taken to have carried on the said business on his own account. Secondly, I value and ascertain the assets of the said partnership business, including the leasehold business premises, and after making allowance for bad and doubtful trade debts, at £, I find that the trade liabilities amount to £- leaving a balance of £- divisible between the partners in equal shares. Thirdly, I award and direct that the said A. B. shall and may get in and receive to his own use, without the interference of the said C. D., all debts due and owing to the said co-partnership from any person whomsoever, and may use the name of the said C. D. in any action or other proceeding to be commenced for the recovery of any such debt or demand; and the said A. B. shall pay and discharge all debts owing by and all claims whatsoever, against the said co-partnership; and shall indemnify the said C. D. against all such debts and claims and any loss or damage that may be incurred or sustained. by the said C. D. by reason of his name being used in any