Power to direct execution of deeds. Power to direct entry of judgmt of the - Division of the High Court of Justice may be had or taken thon. VIII. THE sd arbitrators or umpire shall have power to award and direct that the sd pties hto or any one or more of them or their respive hrs, exs, ads, or assigns, shall execute and do such releases, conveyances, assurances, and things as the sd arbitrators or umpire shall think fit, and such releases, conveyances, assurances, and things shall be executed and done accordingly. IX. THE sd arbitrators or umpire shall be at liberty to direct judgmt to be entered for the plaintiff or defendant in judgment. the sd action, or to direct all further proceedings in the sd General power to direct what shall be done. Power to rate awards. action to be discontinued or stayed, or to direct the sd action to be dismissed with or without costs, or to direct such proceedings to be taken in or with respect to the sd action as to the sd arbitrators or umpire shall seem fit. X. THE sd arbitrators or umpire shall have full power in all respects to award and direct what shall be done by the sd pties resply in relation to the matters in difference. XI. THE sd arbitrators or umpire may from time to time make sepa- make one or more separate or interim award or awards as to any of the matters in difference, which separate or interim award or awards shall be observed and performed without waiting for any other award or awards, or the final award of and concerning the matters in difference, and notwithstanding such other matters in difference shall not be determined, and may make their or his award or awards without any limitation as to time. Power to arbitrators ex parte. XII. THE sd arbitrators or umpire shall be at liberty to to proceed proceed ex parte in case of the non-attendance of either of the sd pties or of their witnesses after clear days' previous notice in writing under the hand of the sd arbitrators or umpire, given to the sd pties resply or their respive solors or agents, or left at or sent by post to their respive offices or places of business, notifying the time and place of meeting, to proceed with the sd reference. XIII. THE Costs of the sd action and of this reference and Costs to the award shall abide the event of the award. abide event. ment of trators. XIV. IN case the sd K., one arbitrator, shall die, or Provision neglect, or refuse, or become incapable to act as arbitrator for appoint before an award shall have been made as to all the matters new arbireferred as afsd, then the sd A., his [hrs] exs, ads, or assigns, shall forthwith nominate some other pson to be arbitrator in the place of the sd K., and so in like mner upon the decease, or neglect, or refusal to act, or incapacity of any arbitrator from time to time succeeding to the place of the sd K. AND the sd B., his [hrs] exs, ads, or assigns, shall in any of the like events nominate an arbitrator in the place of the sd L., or of any arbitrator succeeding to his place, and every arbitrator so appointed shall have the same powers and authorities as the arbitrator in whose place he shall have been appointed. VII. REVOCATION of SUBMISSION to ARBITRATION. TO ALL TO WHOM, &c., A., of, &c., sends greeting. Recite provision in articles of agreement between A. and the tion. Company, to refer disputes between A. and the Company to B. and C., or one of them: NOW THESE PRESENTS RevocaWITNESS that the sd A. doth hby revoke and make void. the sd agreemt for a reference of any disputes or differences to the award of the sd B. and C., or one or either of them, by or in the sd articles of agreemt contd, and also all and every authorities and authority which under or by virtue of the sd articles of agreemt would or might have otherwise been vested in the sd B. and C., or one or either of them or any other pson or psons whomsoever, to determine or decide any disputes or differences whatsoever between him, the sd VOL. I. M Declara tion that A., and the sd Co.: AND THE sd A. doth hby declare that award shall he, the sd A., will not be concluded by or be a pty to any not be binding. award which the sd B. and C., or one or either of them or To Mr. VIII. APPOINTMENT of an ARBITRATOR. I hby appoint you arbitrator to act on my behalf in respect of certain disputes and differences which have arisen between me and arising out of certain provons in an indre dated, &c. And I hby inform you that by a notice in writing, bearing even date hwith, I have called upon the sd -to nominate and appoint an arbitrator to act on his behalf in respect of the before mentd disputes and differences existing between us. day of IX. NOTICE to go to ARBITRATION, and of APPOINTMENT of an ARBITRATOR. To Mr. TAKE NOTICE that disputes and differences concerning certain matters and things arising out of an indre dated, of &c., having arisen between us, I desire to have the same alone. AGREEMENT for reference to a SOLE ARBITRATOR to is required. AGREEMENT made, &c., between A. and B. (hinafter called the vendors), of the one pt, and The School Board for, (hinafter called the Board) of the other pt. Recite Recitals. vendors' title subject to leases. AND WHAS by virtue of the That land Elementary Education Acts, 1870 and 1873, and of the public Acts incorporated thwith, the Board require to purchase and take of the vendors the sd land and premes coloured on the sd plan as the same are partarly described in the (a) See, as to the purchase of land by a School Board, the Elementary Purchase Education Act, 1870, ss. 19, 20 (which incorporates the Lands Clauses of land for Consolidation Act), and see the Elementary Education Act, 1873, s. 15. As school, &c. to the purchase of land by the managers of a public elementary school, see the Elementary Education Act, 1870, s. 21. tory recital. Witness. Introduc- schedule hto: AND WHAS the vendors are willing to sell the sd land and premes to the Board, subject to a right of preemption in their favour should the same land and premes, or any part thof, at any time hereafter cease to be required by the Board, and it has been agrd that the question of the amount to be paid by the Board to the vendors in respect thof shall be referred to the sole arbitration of X., of, &c., an able practical surveyor. NOW THESE PRESENTS WITNESS that, in psuance of the powers and provons contd in the sd Elementary Education Acts and the Acts incorporated thwith as afsd, and of any other power enabling them resply in that behalf, and in Appoint- psuance of the sd agreemt, the vendors and the Board do ment of arbitrator. resply hby nominate and appoint the sd X. to be the sole arbitrator according to the provons of the sd Acts, to settle and determine by his award the amount of the pchase money and compensation to be paid by the Board for the pchase of the freehd free from incumbrances of the sd piece or parcel of land and premes so required as afsd, subjt only to the leases hinbefore mentd, and to any derivative leases or tenancies, and for the damage (if any) to be sustained by the vendors by reason of the severing of the sd land and premes from the other lands and premes of the vendors, or in any other mner whatsoever by reason of the exercise of the powers of the sd Acts. As witness the hands of the sd pties. The Schedule. [Parcels.] |