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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].

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releases if required.

AND I further award that upon payment of the said sum (4.) Mutual 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.

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.

(16.) Award

to deliver up a bond to be cancelled.

(17.) Award

of a wall to be built.

(18.) Award

of a wall to

be pulled down.

hereby directed to be paid by the said C. D. to the said A. B. upon the execution of the deed of assignment hereinafter mentioned, the said A. B. shall, on the

day of

day of

at

the office of— the solicitor for the plaintiff in the said
action, situate at, &c., execute a valid deed of assignment to
C. D. of all his right, title, and interest, in the unexpired
residue of a term of 99 years, granted by a lease, dated the
-, by one H. G. to the said A. B., of
certain premises heretofore occupied by the said A. B. and
T. T. as a smith's shop and wareroom, situate and being at,
&c., subject, nevertheless, to the rent, covenants, and conditions
by and in the said lease reserved and contained. And I further
award and direct that the said C. D. shall pay and satisfy all
arrears of rent and taxes which have arisen, accrued, or become
due, for or on account of the said premises, since the
day of
[Award costs of preparing the assignment.]

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I AWARD that a certain bond or obligation for the sum of -, dated the day of —, 19—, and given by the said A. B. to the said C. D., be delivered up by the said C. D. to the said A. B. to be cancelled, or that a proper release be given for the same in case such bond or obligation should appear to have been lost or mislaid.

I AWARD that the said A. B. shall, within one calendar month from the date hereof, at his own expense, erect and make a sufficient fence or wall of brick of the thickness or breadth of nine inches at least, and of the height of six feet, extending from that corner of his garden marked with the letter "A" on the plan appended to and intended to form part of this my award to that corner of the stable in the occupation of the said C. D., which is marked with the letter "C" on the said plan, according to a line drawn in red ink on the said plan.

I AWARD and determine that the wall of brick, intended to form the gable end of a building now being erected and built by the said C. D., extends six inches beyond the property of

And I

the said C. D. on to the property of the said A. B.
further award and direct that the said C. D. do and shall,
within one calendar month from the date hereof, pull or take
down the said brick wall; and that he shall and may, at any
time thereafter, erect a fresh wall, in a line parallel with the
said existing wall, but so that the outside thereof shall be at
least six inches to the north-east of the outside of the said
existing wall.

(19.) Award of manner in which a weir

maintained

in future.

I AWARD and determine that the defendant is entitled to keep and maintain his said weir of the depth of fourteen inches and no more; and for the purpose of defining, denoting, and is to be perpetuating the limit of the said depth at which the defendant is entitled to keep and maintain his said weir as aforesaid, I have caused to be placed certain marks and erections near the said weir, and I declare that the said marks and erections correctly denote and define the depth at which the defendant is entitled to maintain the said weir. And I further award and declare that the map or plan hereunto annexed and signed by me defines and describes the depth of the said weir, and the said marks and erections so caused to be placed by me, as aforesaid, for perpetuating, denoting, and defining the same. And I further award and order that the costs and charges incurred by placing the said marks and erections be borne by the defendant, and that they be for ever hereafter kept in repair and maintained by the defendant.

of no interest.

I AWARD that the said C. D. has not, nor at any time when- (20.) Award soever had, any interest, right, title, claim, or demand whatsoever in, to, or in respect of the said ship or vessel.

I AWARD that the said passage, yard, and pump are the property of the said A. B., subject to the right of the said C. D. to the free use of water from the said pump in common with the said A. B., and of ingress and regress into and out of the said yard by and over the said stile for the purpose of fetching water therefrom, and for all other purposes, at his

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own free will and pleasure. And I also award that the said pump shall in future be repaired at the joint expense of the said A. B. and C. D.

(And see Boodle v. Davies, 3 A. & E. 200, for similar forms.)

No. LVIII.

Certificate of an Arbitrator when a Verdict is taken
subject to his Certificate.

In the High Court of Justice.

King's Bench Division.

A. B. v. C. D.

I hereby certify that the verdict which has been entered for the plaintiff do stand, but that the damages be reduced to

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Award on a former Award being sent back to the
Arbitrator for his Reconsideration.

TO ALL TO WHOM, &c. WHEREAS by an order of the High Court of Justice, King's Bench Division, made the

day of

day of

it was ordered that my award dated the

should be referred back to me to reconsider and

amend the same. Now I, the said A. B., having reconsidered my said award [or, where further evidence has been adduced, having taken upon myself the burthen of this further reference, and having heard and duly considered the allegations and evidence further made and adduced by the said parties], do hereby award and direct that the following amendments be made in my said award dated the that is to say [stating the amendments to be made]. AND in all other respects I confirm my said award made in the matter of this reference and dated the

IN WITNESS, &c.

day of

day of

No. LX.

Indorsed Memorandum correcting a Slip in the award pursuant to Section 7 of the Arbitration Act, 1889.

Memorandum.

WHEREAS since the execution of my within-written award I, the within-named [arbitrator], have discovered that by reason of a clerical mistake [or accidental slip or an omission] the same does not represent my intention at the time of making my award: Now THEREFORE, I award and direct that clause 2 of the award shall read as follows [state the correction] and that clause 4 shall read as follows [state the correction].

AND I direct that the said award shall operate and take effect as if the clauses above written had been originally contained in the said award instead of clauses 2 and 4 thereof.

IN WITNESS, &c.

No. LXI.

Indorsed Memorandum correcting a Clerical Error in the Christian Name of one of the Parties.

Memorandum.

WHEREAS since the execution of the within-written award, I, the within-named arbitrator, A. B., have discovered that the name James Charles Howett has therein been inserted by mistake instead of the name Joseph Charles Howett, and Joseph Charles Howett is the person meant and intended by me: Now THEREFORE, I direct that the within-written award be corrected by substituting the name Joseph Charles Howett for the name James Charles Howett wherever such name occurs in the said award, and that such award be read and construed as if the name Joseph Charles Howett had originally stood therein instead of the name James Charles Howett in every instance where such name occurs in the said award.

IN WITNESS, &c.

A.

сс

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