his or their clerk for the residue of the sd term, the sums of money following, that is to say, in case such retirement or death shall happen before the expiration of the first year of the sd term, the sum of £- and in case the same shall

happen after the first year and before the expiration of the second year thereof, the sum of £, &c.]

IN WITNESS, &C.

III.

ASSIGNMENT of INDENTURE of APPRENTICESHIP by

the MASTER or his Executor.

years, to be in-, upon the terms

apprentice

THIS INDRE, made, &c., BETWEEN A., old master or Parties. his executor, of the first pt; B., apprentice, of the second pt; C., father, of the third pt; and D., new master, of the fourth pt: WHAS by an indre of apprenticeship, dated, &c., and Recital of expd to be made, &c., the sd B. was bound apprentice ship deed. to the sd, old master, for the term of structed in the trade or business of and condons therein expd. [Death of old master, will appointing executor, and probate]: AND WHAS the sd B. has served two years of his sd apprenticeship with the sd, old master, and it has been agrd between the sd pties hto that he shall be assigned over to the sd D. for the residue of the sd term of - years. NOW THIS INDRE WITNETH Assignthat, in psuance of the sd agreemt, the sd A., with the consent of the sd B., and at the request (hby testified) of the sd C., doth hby assign and transfer unto the sd D. THE SD of apprenticeship indre of apprenticeship, and all the benefit and advantage thereof, and all the right and interest of the sd A. to and in the sd indre, and the service of the sd B. thereunder: To HOLD the same UNTO the sd D., for all the residue now to new unexpired of the sd term of years, in as ample and

VOL. I.

L

ment

master.

Covenant by new master

beneficial a mner as the sd, old master, [if living] could or ought to have had or enjoyed the same: AND THE sd D. doth hby covenant with the sd C., his exs and ads, and also with the sd A., his exs and ads, in mner following, that is to say, that he, the sd D., will during the residue now to come of the sd term of years to the best of his power, knowledge, and ability, instruct the sd B. in the sd to instruct, trade or business of and in all things incident or relating thto in such mner as the sd D. doth now or shall hereafter during the residue of the sd term use or practise the same, and will perform and observe all and every the covenants and agreemts in the sd indre of apprenticeship contd on the pt of the sd, old master, so far as the same covenants. remain to be performed and observed, and will keep indemnified the sd A., his exs and ads, from the same and every of them: AND THE sd C. doth hby covenant with the sd D., his exs and ads, that the sd B. shall faithfully, honestly, and diligently serve the sd D. as his apprentice during all the residue of the sd term, according to the true intent and meaning of the sd indre of apprenticeship, and that he, the sd C., his exs and ads, will perform and observe all and every to perform the covenants and agreemts on his pt contd in the sd indre so far as the same remain to be performed and observed, in like mner as if the same were herein repeated.

to perform old master's

Covenant by father for son's service,

old cove

nants.

Parties.

IV.

AGREEMENT enabling an APPRENTICE to transfer or determine his APPRENTICESHIP.

ARTICLES OF AGREEMENT made, &c., BETWEEN A., of, &c., master, of the one pt, and B., of, &c., apprentice, Recital of of the other pt: WHAS by an indre, bearing date, &c., the

the

to give

sd B. bound himself apprentice to the sd A., to learn his apprenticeship. business of from the day of the date thof for the term of seven years: AND WHAS it has been agrd between the sd Agreement pties hereto that the sd B. shall have power to require an power. assignmt of, or to determine the sd service and apprenticeship as hinafter mentd: NOW THESE PRESENTS WITNESS that, in psuance of the sd agreemt, it is hby decld and agrd, and partarly the sd A. doth hby covenant with the sd Covenant B. in mner following (that is to say), that in case he, by master sd B., shall at any time hereafter, during the sd term of seven years, be desirous of serving the remr of the sd term, or of learning the sd business of, with some pson other than the sd A., who shall be a resident in England, and shall give notice in writing of such his desire to the sd A., on notice then the sd A. shall and will on the rect of such notice, at to assign, the cost of the sd B., assign, transfer, and set over unto such pson being a resident in England, as the sd B. shall, by any such notice as afsd, nominate or appoint for that ppose, all the residue which shall be then to come of the sd term of seven years, and all right and title to the service of the sd B., during such residue of the same term: AND ALSO to deterthat in case the sd B. shall at any time hereafter during the sd term of seven years be desirous of determining the service or apprenticeship in the sd recited indre mentd, or thby contracted to be performed, and give notice in writing of such desire as last afsd to the sd A., then and in that case immediately after any such notice as last afsd shall have been given, the sd indre of, &c., and the apprenticeship and service thby contracted to be served and performed, and every covenant, agreemt, and thing therein expd or contd shall cease and become void, but without prejudice to any right of action which may have arisen in respect of any breach thtofore committed of any of such covenants or agreemts.

IN WITNESS, &c.

mine.

ARBITRATION. (a)

For reference to

trators or

an umpire

CLAUSES for referring FUTURE DISPUTES to ARBITRA-
TION (b).

I. AND IT IS HBY AGRD AND DECLD that if at any time two arbi- hereafter any dispute, difference, or question shall arise between the sd pties hto, or their respive [hrs] exs, ads, or assigns, or any of them, touching the construction, meaning, or effect of these presents, or any clause or thing hin contd, or the rights or liabilities of the sd pties resply or their

to be appointed by them.

Full form

(c).

(a) As to the law on this subject, see Russell on Arbitration, Redman on Arbitration. As to the power of executors and trustees to refer to arbitration, see the Conv. Act, 1881, s. 37.

(b) This and the three following forms of clauses are intended for insertion in deeds or agreements not under seal; and may be used, with the verbal alterations indicated, where there are more than two parties; and also, with little if any alteration, where a company or corporation is a party. The word "heirs" is of course only required in the case of real estate, and the word "assigns" will not always be appropriate. With respect to the proceedings, &c., on voluntary references, see 9 & 10 Will. 3, c. 15; 3 & 4 Will. 4, c. 42, ss. 39-41; the Common Law Procedure Act, 1854, 17 & 18 Vic., c. 125, ss. 11 to 17; and 14 & 15 Vic., c. 99, s. 16. The proceedings consequent on a reference by consent where no action is pending are not affected by the Judicature Acts, 1873 and 1875; Cruikshank v. Floating Baths Co., 1 C. P. D. 260. Special provisions as to arbitrations are contained in many acts relating to companies and public bodies, which must be conformed to where they apply; such as the Lands Clauses Act, 1845, the Railways Clauses Act, 1845, the Railway Companies' Arbitration Act, 1859, the Companies Clauses Act, 1845, the Companies Act, 1862, and the Public Health Act, 1875.

(c) The subsidiary clauses in this form are for the most part provided for

trator to

appointed.

respive [hrs] exs, or ads, or any of them, under these presents, or otherwise howsoever in relation to the premes, then every such dispute, difference, or question shall be referred to the arbitration of two indifferent psons, one to be appointed by each pty to the reference, or an umpire to be appointed by the arbitrators in writing [before entering on the business of the reference]: AND IF either pty shall One arbirefuse or neglect to appoint an arbitrator within twenty-one proceed if days after the other pty shall have appointed an arbitrator, second not and shall have served a written notice upon the first mentd pty requiring such pty to make such appointmt, then the arbitrator appointed as afsd shall, at the request of the pty appointing him, proceed to hear and determine the matters in difference as if he were an arbitrator appointed by both pties for that ppose (d): AND THE award or determination Award to which shall be made by the sd arbitrators, arbitrator, or umpire, shall be final and binding upon the sd pties hto resply, and their respive [hrs] exs, ads, and assigns, so as such arbitrators or arbitrator shall make their or his award

by statute (see 9 & 10 Will. 3, c. 15, and the subsequent acts referred to at the beginning of the last note); and the short form, No. II., is therefore usually sufficient and equally effectual. But where the deed or agreement may have to be performed or sued upon abroad, it may be proper to insert the full form or some modification of it.

(d) The following proviso is sometimes inserted :—

"Provd always that no such dispute, difference, or question as afsd shall be so referred, unless within ten days next after the same shall arise the pty requiring such reference shall give notice in writing to the other pty of his intention to refer, and also in such notice nominate an arbitrator, and also require the other pty to nominate an arbitrator on his behalf, and if the latter pty fail to appoint an arbitrator for ten days after such notice shall have been given, the pty who has appointed an arbitrator may appoint such arbitrator to act as sole arbitrator in the reference, and an award made by him shall be binding on both pties, as if the appointmt had been consented to by both pties."

be final.