to hold

good.

of reference within contd, or, "by an agreemt," or, " order," &c., as in Precedent XII., further time for making his award, Agreement namely, until the day of : AND WE FURTHER DECLARE and agree that all the provons of the sd agreemt, or, "order," of reference shall continue in full force and effect, and be construed and read in the same mner as if the day hby given and allowed for making the award of the sd arbitrator, or, "umpire," had been given and allowed by the sd agreemt, or, "order."

IN WITNESS, &c.

Recital.

Award.

XVII.

AWARD by ARBITRATORS under an Agreement or order of REFERENCE, settling a Balance of ACCOUNTS (a).

TO ALL TO WHOM THESE PRESENTS SHALL COME, A., of, &c., and B., of, &c., send greeting: WHAS divers disputes and differences have arisen between M., of, &c., and N., of, &c., concerning, &c., [and an action has been instituted by the sd M. against the sd N., in the Division of the High Court of Justice, touching the premes, and the same is now pending]. Recite agreement or order of reference and enlargement of time for making award. NOW WE, the sd arbitrators, having taken upon ourselves the burthen of the sd reference, and having duly weighed and considered the allegations of the sd pties, and the proofs, vouchers, and documts, which have been given in evidence before us, do hby make and publish our award in writing of and concerning the matters referred to us in mner follow

(a) As to the stamp on an award, see the Stamp Act, 1870, Sched. tit., AWARD

due.

ing, that is to say, WE FIND and award that the balance due Balance from the sd N. to the sd M. upon the settlemt of the accounts between them which have been referred to us as afsd is £—————, which we award and direct to be paid by the sd N. to the sd M. on demand: AND WE further award and direct, award as to dismissal or discontinuance and costs of action (if any), and costs of reference and award, and mutual releases, see below.

AWARD by UMPIRE under Agreement or Order of
REFERENCE.

TO ALL, &c., I, X., of, &c., send greeting. Recite agree- Recital. ment or order of reference. Appointment of umpire. AND No award by arbiWHAS the sd, arbitrators, did not make any award of and trators. concerning the premes within the time limited by the sd agreemt, or, "order"; or, as the case may be, in lieu of the last two recitals: "AND WHAS the sd arbitrators have not made any award concerning the matters referred to them as afsd, but have finally and altogether disagreed respecting the same, and have accordingly by a writing under their hands, dated the- day of [endorsed on the sd

agreemt], appointed me, the sd X., to be the umpire relative to the matters so referred, psuant to the sd agreemt [order]:" NOW I, the sd X., having taken upon myself Award. the charge of the sd reference, and having heard, examined, and considered the allegations, witnesses, and evidence of both the sd pties concerning the premes, do make this my award and umpirage in writing of and concerning the premes in mner following, (that is to say), I AWARD and adjudge, &c.

Award of damages for nonperformance of agreement.

Award of

sum in full of all

CLAUSES IN AWARDS.

1. I AWARD and adjudge that the plaintiff has sustained damages by reason of the non-performance by the defendant of the agreemt in the statemt of claim mentd to the amount of £ —, or, “I ASSESS the damages sustained by the plaintiff in respect of the cause of action in the statemt of claim mentd at the sum of £- -," which sum I direct the defendant to pay to the plaintiff on or before the day of

II. I AWARD that the sd A. shall pay to the sd B. on demand the sum of £- in full satisfon of all claims and demands. demands whatsoever [relative to the matters referred to me, or, "in the above-mentd action."]

Sums, &c.,

awarded to

of all demands.

III. I AWARD and order that the sd damages and the sd be in full several sums of money awarded and directed by me to be paid and the several matters and things awarded and directed by me to be done by or with regard to the respive pties to this reference as afsd, shall resply be paid, received, done, accepted, and taken, in full satisfon and discharge and as a final end and determination of the several matters in difference between the sd pties which have been referred to me, or, "of all matters in difference between the sd pties up to the time of the submission to arbitration."

Award of mutual releases.

Award of

release by

one party.

IV. AND I further award and adjudge that the sd A. and B. shall each, on the requisition of the other of them [such other having first performed the award], and at the costs and charges of the pty requiring the same, execute and deliver unto the other of them a full and sufficient rele of all [actions, causes of action, and] debts, damages, claims, and demands whatsoever, from the beginning of the world until the time of the sd submission to arbitration, or, "of all claims and demands in respect of the matters in difference between the sd pties which have been referred to me as afsd," excepting anything by the award provd to be done or suffered.

V. AND I further award, &c., that upon paymt of the sum

awarded by me as afsd, the sd A. shall, if required by and at the costs of the sd B., execute and deliver to him, the sd B., a full and sufficient rele, &c., as in the last clause.

of action

with costs.

VI. I AWARD, &c., that the plaintiff has no title to the Dismissal relief sought by his above-mentd action in the Division of the High Court of Justice, and that the sd action be dismissed with costs, to be taxed by the proper officer and paid by the plaintiff to the defendant.

action to

VII. I AWARD, &c., that the sd action shall cease and be Proceedno further prosecuted, or, "that all proceedings in the sd ings in action shall cease, and that the same shall be no further be stayed. prosecuted."

tiff has no

VIII. I AWARD, &c., that the plaintiff has been fully paid That plainall demands which he had against the sd defendant, and has no cause of action against him.

cause of

action.

IX. I AWARD, &c., that judgment be forthwith entered for Judgment the plaintiff [defendant] in the sd action.

to be entered.

good cause of action

sd on two

claims

none on

x. I AWARD, &c., that the plaintiff has good causes of Plaintiff action against the defendant on the facts stated in the first and second paragraphs in his statemt of claim in the action for the sum of £- which sum I direct the de9 fendant to pay to the plaintiff on demand: And I further 3rd. award that the plaintiff has no cause of action against the defendant on the facts stated in the third paragraph in the sd statemt of claim.

ages gene

XI. I AWARD and find that the plaintiff has sustained of damdamages from the defendant occasioned by the cause of rally. action for which the sd action was brought to the amount of £, and I assess the plaintiff's damages at the sd sum of £ and direct the defendant to pay the same to the

plaintiff on demand.

to be

XII. I AWARD, &c., that the sd B. shall, at the request Conveyance and costs of the sd A., by a proper and effectual assurance, executed. convey, parcels, with the appurtenances unto and to the use of the sd A. and his hrs, or as he or they may direct, such assurance to be prepared by the sd A.

XIII. I AWARD, &c., that the sd B. shall forthwith deliver Delivery up

of deeds.

That one party has no claim

against the other.

As to other

difference.

to the sd A. or his hrs all deeds and writings in the custody or power of the sd B. relating to the sd freehd premes.

XIV. I AWARD, &c., that the sd A. has no claim or demand against the sd B. in respect of any of the matters in difference between them.

xv. I AWARD, &c., that there are no matters in difference matters in between the pties other than those in the sd action, or, “AND As to the matters in difference between the sd pties other than those in the sd action, I award, &c., that the defendant do pay to the plaintiff the sum of £ in full satisfon and discharge of all claims and demands by the plaintiff against the defendant in respect of the same."

Payment of costs of action. Judgment to be

entered for

XVI. I AWARD, &c., that the sd A. do pay to the sd B. the costs of the sd action, to be taxed by the proper officer.

XVII. I AWARD, &c., that judgmt be forthwith entered in the sd action for the defendant, with the costs of the sd defendant. action, and of the reference and of this my award, to be taxed by the proper officer of the sd Court.

Each party to pay his

own costs

of action.

Costs of

action to be borne equally.

Execution

XVIII. I AWARD, &c., that each pty bear his own costs of the action.

XIX. I AWARD, &c., that the costs of both pties of the sd action when taxed shall be added togr, and that one moiety thof shall be paid and borne by the plaintiff, and the other moiety by the defendant, and that if either pty shall have paid more than his just share, the excess shall be paid to him by the other pty.

XX. I AWARD, &c., that execution may issue in the sd to issue for action for the sd damages and costs forthwith, or, "at any time not sooner than the

damages

and costs.

All costs of reference

and award

to be paid by one party (b).

Each party to bear his own costs

of reference

and half costs of award.

day of next."

XXI. I AWARD, &c., that the sd A. do pay to the sd B. his costs of and incidental to the reference, and the costs of the award, and that the sd A. do bear his own costs of the

same.

XXII. I AWARD, &c., that each of the sd pties shall bear his own costs of the reference, and pay one-half of the costs

(b) As to awarding costs, see Harland v. Mayor of Newcastle, L. R. 5 Q. B. 47.