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such action or other proceeding so to be commenced as aforesaid, in pursuance of the authority hereby given to the said A. B. Fourthly, I award and direct that the said C. D. shall at any time or times, upon the request of the said A. B., deliver up to the said A. B. all and every the books, papers and writings which may be in the custody, power, or possession of him the said C. D. in anywise relating to or concerning the business of the said co-partnership. Fifthly, I award and direct that the said A. B. shall on the

of

day

next, at the office of Messrs. R. & T., solicitors, at aforesaid, pay unto the said C. D. the sum of £which sum the said C. D. shall accept as the purchase consideration for and in full satisfaction of his share and interest in the said partnership business and the assets thereof, and of all claims against the said A. B. in relation thereto, and thereupon the said C. D. shall execute to the said A. B., if required, an assignment and release of all his share and interest in the said partnership, stock-in-trade and effects, goodwill and business premises. [Directions as to costs.]

IN WITNESS, &c.

No. LVI.

Award on a Reference between Landlord and Tenant, finding that certain Covenants have been broken, and ordering Payment of a Sum in respect thereof.

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 adjudge and award that the said A. B. [lessee] has not performed and fulfilled the several covenants contained in the lease of the said farm for laying a certain quantity of lime and bone manure thereupon, for scouring and ditching, for repairing the farm buildings, hedges, and fences, and for managing certain portions of the said farm according to the four years' course of husbandry. Secondly, I adjudge and award that the said A. B. has not performed and fulfilled the covenants in the said lease for keeping in repair a

fence separating a field called the Higher Lea, part of the said farm from the park lands of the said C. D. [lessor], in consequence whereof cattle being depastured in the said Higher Lea have strayed into the said park lands. Thirdly, I adjudge and award that the said C. D. has sustained damages to the extent of £- by reason of the breaches herein before mentioned of the several covenants contained in the said lease. [Add direction to pay that amount, and award as to costs.]

IN WITNESS, &c.

No. LVII.

Special Clauses in Awards.

I AWARD that each of the said parties shall and do bear and pay his own costs of this reference; and that the costs of this my award be paid in equal moieties between them.

I AWARD that the costs and charges of this reference and the charges of making this my award shall be paid and borne by the said A. B. and C. D. in equal moieties.

I CERTIFY that this cause was proper to be tried before a special jury [or before a judge of the superior court, and not before a judge of an inferior court or that the action was brought to try a right other than the mere right to recover damages].

AND I further award that upon payment of the said sum of £ to the said A. B., as aforesaid, they, the said A. B. and C. D., if required, shall respectively, at the costs and charges of the party requiring the same, execute, each unto the other of them, mutual general releases of all manner of actions, causes of action, claims and demands whatsoever.

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to execute a release on

AND I further award and order that, upon payment of the (5.) One party said sum of £ to the said A. B. as aforesaid, the said A. B. shall at his own expense prepare and execute a proper release to the said C. D. of all claims and demands of the said

payment of money by the other party.

(6) Release

at the cost of the party released.

(7.) Award on the several issues in an action.

(8.) The like.

(9.) Award

on a plea of non est factum.

(10.) Award

of verdict for the defendant.

(11.) Award on action, counterclaim, and set-off.

A. B. at the date of the said submission against the said C. D. for or on account of all or any of the matters and things thereby submitted to my award as aforesaid.

AND that upon payment of the said sum, the said A. B. shall, if required so to do by, and at the cost of, the said C. D., execute and deliver to him the said C. D. a valid and effectual release of, &c.

I FIND for the plaintiff on all the issues raised, except that of special damage, which I find for the defendant. I also find that the sum paid into court was sufficient to satisfy the plaintiff's claim. I direct that judgment be entered, &c.

of the state

I FIND for the plaintiff in respect of the claim for rent for £. I also find for the plaintiff in respect of the breaches of covenant alleged in paragraph ment of claim, and I assess the damages at £for the defendant on all the other issues in the action. I direct that judgment be entered, &c.

-. I find

And

As to the issue joined in this action, I award and find, that the indenture is the deed of the defendant in manner and form as the plaintiff has alleged; and I assess the damages of the plaintiff by reason of the breaches of covenant alleged in the statement of claim at £ for which sum and the costs of, &c., I direct that judgment be entered for the plaintiff.

I AWARD and order that the verdict entered for the plaintiff shall be set aside, and a verdict be entered for the defendant on all the issues [or for the plaintiff on the for the defendant on the

issue].

issue and

I FIND that the plaintiff is entitled to recover from the defendant the sum of £- in respect of the matters alleged in the statement of claim, and I find that the defendant is entitled to recover from the plaintiff the sum of £- in respect of the matters alleged in the counterclaim, and I hereby direct that judgment be entered for the plaintiff for the

sum of L

of £

being the difference between the said sums and £

I AWARD and find that the plaintiff was and is entitled to (12.) The like. recover in this action, from the defendant, the sum of £

.

in respect of the matters alleged in paragraphs 3 and 4 of the
statement of claim, and the sum of £- -, over and above
the amount paid into court, in respect of the matters alleged in
paragraph 5 of the statement of claim. I direct the defendant
to pay to the plaintiff the said two sums, making together the
sum of £-
I find that the plaintiff has no cause of
action in respect of the matters mentioned in paragraphs 7 and
8 of the statement of claim. I find that as to the sum of
money claimed in paragraph 10 of the statement of claim the
defendant is entitled to a set-off as to the whole, in respect of
the matters mentioned in paragraph 5 of the defence. I direct
judgment, &c.

I AWARD and adjudge, that the plaintiff in this action is (13.) Award entitled to the possession of the lands sought to be recovered in ejectment. in this action [or that the plaintiff in this action is entitled to the possession of a certain parcel of the lands sought to be recovered in this action, that is to say [description], which said parcel is delineated and coloured pink in the map annexed to and intended to form part of this my award. And I further award and adjudge, that the plaintiff is not entitled to the possession of the residue of the said lands, consisting of [description], which residue is delineated and coloured green in the said map. And I further award and adjudge that the defendant is entitled to the possession of the said residue].

(14.) Award

of a conveyance of free

I AWARD and direct that the said C. D. shall, within one calendar month from the date hereof, execute a conveyance, in fee simple, of all, &c. [describing the parcels], unto the said holds. A. B., and that the said A. B. shall, at his own cost, prepare and tender the said conveyance for execution by the said C. D.

I AWARD and direct that, in consideration of £ tofore paid by the said C. D. to the said A. B., and of £

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such action or other proceeding so to be commenced as aforesaid, in pursuance of the authority hereby given to the said A. B. Fourthly, I award and direct that the said C. D. shall at any time or times, upon the request of the said A. B., deliver up to the said A. B. all and every the books, papers and writings which may be in the custody, power, or possession of him the said C. D. in anywise relating to or concerning the business of the said co-partnership. Fifthly, I award and direct that the said A. B. shall on the

of

day

next, at the office of Messrs. R. & T., solicitors, at aforesaid, pay unto the said C. D. the sum of £which sum the said C. D. shall accept as the purchase consideration for and in full satisfaction of his share and interest in the said partnership business and the assets thereof, and of all claims against the said A. B. in relation thereto, and thereupon the said C. D. shall execute to the said A. B., if required, an assignment and release of all his share and interest in the said partnership, stock-in-trade and effects, goodwill and business premises. [Directions as to costs.]

IN WITNESS, &c.

No. LVI.

Award on a Reference between Landlord and Tenant, finding that certain Covenants have been broken, and ordering Payment of a Sum in respect thereof.

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 adjudge and award that the said A. B. [lessee] has not performed and fulfilled the several covenants contained in the lease of the said farm for laying a certain quantity of lime and bone manure thereupon, for scouring and ditching, for repairing the farm buildings, hedges, and fences, and for managing certain portions of the said farm according to the four years' course of husbandry. Secondly, I adjudge and award that the said A. B. has not performed and fulfilled the covenants in the said lease for keeping in repair a

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