26. Affidavit to obtain Subpæna for a Witness from Scotland or Ireland (m). [plaintiff], make oath and say as follows: 1. On - [&c., here state shortly the mode by which the action or matter was referred, which, if by an agreement, may be thus: the said A. B. and C. D., by an agreement in writing signed by them respectively, agreed to submit certain matters in difference between them to the award of A. A., to be made on or before the of—, the fact.] day of next, or such [If the time has been enlarged, state 2. The said A. A. has taken the burthen of and is proceeding upon the reference, and he has made and signed an appointment for a meeting thereupon, now produced and shown to me and marked A. in the county of in that part 3. W. W. is now residing at of the United Kingdom called Scotland [or Ireland]. [The said W. W. has in his possession, custody or power an indenture (&c., here fully describe the document required)]. 4. The said W. W. is a material and necessary witness for the said A. B., touching the matters so referred as aforesaid, and it is material and necessary that the said W. W. should attend and be examined and give evidence before the said arbitrator [and should produce in evidence the said document to and before the said arbitrator], and the said W. W. has not any just reason for refusing to attend and be examined [or for refusing to produce and have the said document read in evidence aforesaid]. 5. [Here state shortly what the evidence is required to prove.] 6. The said A. B. cannot, as I am advised [or instructed] and believe, safely proceed in the said arbitration without the evidence of the said. W. W. [and the production and reading of the said documents] before the said arbitrator. Sworn [&c., ante, p. 749]. A. B. (m) By the Arbitration Act, 1889, s. 18, "(1.) The Court or a Judge may order that a writ of subpana ad testificandum or of subpœna duces tecum shall issue to compel the attendance before an official or special referee, or before any arbitrator or umpire, of a witness wherever he may be within the United Kingdom. "(2.) The Court or a Judge may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an official or special referee, or before any arbitrator or umpire." (See ante, p. 332). (n) If no action be pending, instead of the year, letter and number, and title of action, say, "In the matter of the Arbitration Act, 1889, and In the matter of an arbitration between A. B. and C. D." 27. Order for Subpana to attend before Arbitrator, where Witnesses in Scotland or Ireland (0). In the High Court of Justice. King's Bench Division. Master —, Master in Chambers. In the matter of the Arbitration Act, 1889; and In the matter of a reference between A. B. and C. D. Upon hearing [&c., as usual] : It is ordered that a writ of subpoena ad testificandum [or subpoena duces tecum] do issue, commanding G. H., of, in that part of the United Kingdom called [Scotland], wherever he shall be in the United Kingdom, to attend before the arbitrator appointed in the above-mentioned reference, at day of 19-, at the hour of in the onday, the -noon [and so from day to day during the hearing of the said reference], to give evidence on behalf of the above-named [and also to bring with (him) and produce at the time and place aforesaid (specify documents)]. Dated, &c. 28. Enlargement of Time for making Award. I [or we] enlarge [if a second enlargement, further enlarge] the time for making my [or our] award respecting the matters referred to me [or us] by the within order of reference [or other submission as the case may be], until the day of A.D. Dated A. B. under the 29. Application to enlarge Time for making Award (p). [Title and formal parts as in form No. 16, unte, p. 852.] For an order that the time for making the award of reference to arbitration between A. B. and C. D. before him under the submission dated -, may be enlarged for [a month], and that the costs. of the application be costs in the said reference. of Dated [&c., conclude as in form No. 16, ante, p. 852]. 30. Application to substitute an Arbitrator. [Title and formal parts as in form No. 16, ante, p. 852.] For an order that as one of the arbitrators to whom this action, and all matters in dispute between the parties, were by an order of dated Dated [conclude as in form No. 16, ante, p. 852]. referred. , (0) This order is not, as a rule, drawn up (Ord. LII., r. 14). The subpoena itself may be easily framed from that given ante, p. 327. (p) By the Arbitration Act, 1889, s. 9, "The time for making an award may from time to time be enlarged by order of the Court or a Judge, whether the time for making the award has expired or not." 31. Oath to be administered by an Arbitrator to a Witness. The evidence which you shall give before me touching the matters in difference in this reference shall be the truth, the whole truth, and nothing but the truth. So help you God. 32. The like, in another Form. You shall true answer make to all such questions as shall be asked of you by or before me touching or relating to the matters in difference between A. B. and C. D. referred to me, and therein speak the truth, the whole truth, and nothing but the truth. So help you God. 33. Affirmation instead of an Oath (q). I, A. B., do solemnly, sincerely and truly affirm and declare that the evidence which I shall give before you touching the matters in difference in this reference shall be the truth, the whole truth, and nothing but the truth. Gentlemen, 34. Notice to the Parties of the Award being made. 19-. I have made and published my award respecting the matters referred to me by A. B. and C. D. It is at my chambers at [or elsewhere, as the case may be] ready to be delivered. The charges for it are £ To Mr. A. B. and Mr. X. Y., his solicitor. Yours obediently, A. A. 35. General Form of an Award (r). of send greeting To all to whom these presents shall come, I, A. A., [&c., proceed to recite the instrument by which the parties referred to arbitration, and so much of its terms as may be essential to show the authority of the arbitrator or umpire with respect to the subject-matter of reference, and the time, power of enlargement and manner of making the award. Thus, if it be by agreement, the recital may be thus: Whereas by an agreement bearing, &c., and made between, &c., after reciting that various differences had arisen, &c., so stating all that may be material to warrant the award. Recite the enlargements, if any. Then proceed thus:] Now know ye that (g) See ante, p. 756. (r) 2 Pr. 14th ed. 1617 to 1638. An award professing to be "of and concerning ali the matters referred" is sufficient, even though some of the particular questions referred are specifically disposed of, and another is not (Harrison v. Creswick, 13 C. B. 399; Jewell v. Christie, L. R. 2 C. P. 296). And, unless it is clear from the submission that the intention of the parties was that he should deal with each question specifically, the arbitrator may award a lump sum in respect of several distinct claims submitted to him (In re Whitworth v. Hulse, L. R. 1 Ex. 251). I, the said A. A., having taken upon myself the burthen of the said arbitration, and having heard and duly considered all the allegations and evidence of the said respective parties of and concerning the said matters in difference and so referred as aforesaid, do make and publish this my award in writing of and concerning the said matters so referred to me, and do hereby award that [&c., conclude with a distinct statement of the arbitrator's decision on all the points referred to him]. In witness whereof I have hereunto set my hand the Witness, W. W., of day of 19-. A. A. send 36. Award under an Order of Nisi Prius, where a Verdict was taken subject to the Award, and the Reference was of the Action only. To all to whom these presents shall come, I, A. A., of greeting: Whereas by an order, made by Prius held at the Royal Courts of Justice, fact], on at the sittings of Nisi London [according to the in an action wherein A. B. was plaintiff, and C. D. was defendant, it was ordered by and with the consent of the said parties, their counsel and solicitors, amongst other things that [let this agree with the order] the jury should find a verdict for the plaintiff with £ damages, subject to the award of me, A. A., of the [Inner Temple], Esquire, barrister-at-law, to whom the said action [as in the order] was thereby referred, so that I, the said arbitrator, should make and duly publish my award in writing of and concerning the matters referred, ready to be delivered to the said parties or to either of them who should require the same, on or before the day of next ensuing, or on or before any other day to which I, the said arbitrator, should by any writing under my hand from time to time enlarge the time for making my award, and that the costs of the said action should abide the event of the said award, and that the costs of the reference and award should be in the discretion of me, the said arbitrator [any other material portions of the order had better be also recited, if they relate to the operative part of the award]: And whereas I, the said arbitrator, did by an [or two several] indorsement[s] on the said order, by writing under my hand, enlarge the time for making my said award until instant [or next] [omit this if there has been no enlargement] Now I, the said A. A., having taken upon myself the burthen of the said reference, and having duly weighed and considered the evidence and matters laid and produced before me, do make and publish this my award of and concerning the premises and matters so referred to me as aforesaid; and I do award [&c., here state the award, which, if in favour of plaintiff, may be as follows:] that the said plaintiff had good cause of action against the said defendant in the said action, and was and is entitled to a verdict therein, and on each and every of the issues in the said action, and I award and direct that the said verdict so found as aforesaid do stand: And I assess and award the damages which the said plaintiff is entitled to recover in the said action at the sum of £ [and I award and direct that the said verdict be reduced to that sum]: And I do further award that the said defendant shall bear and pay his own costs of the said reference, and that he shall also pay the costs of the said A. B. of the said reference, to be taxed by the proper officer of the said Court: And I do further award that the costs of this my award shall be borne and paid by the defendant; and in case the plaintiff shall pay such last-mentioned costs, then I award and direct that the defendant do forthwith repay to the plaintiff the amount which he shall so pay. In witness whereof I have hereunto set my hand the day of A.D. 37. The like, where the Reference was of the Action and all Matters in Difference. [Proceed as in the preceding form to the *, and then thus:] and I do hereby award that the verdict so entered as aforesaid be vacated, and that instead thereof a verdict be entered for the plaintiff on the issues joined in the said action on the first, second and third paragraphs of the defendants' defence, and that a verdict be entered for the defendants on the issues joined in the said action on the third and fourth and fifth paragraphs of the said defence: And I award and direct that the said verdict be entered for the plaintiff with £ damages on the causes of action in the first, second and third paragraphs of the plaintiff's statement of claim mentioned [or as the case may be], which sum of £, and no more, I find to be due to the plaintiff in respect of the matters and causes of action in the said action: And with respect to all other the matters in difference referred to me I award that there is due and owing by the said plaintiff to the defendants the sum of £- and that, save the said sum, there is nothing due from the plaintiff to the defendants, or from the defendants or any of them to the plaintiff: And I award and direct that one moiety of the costs of this my award be borne and paid by the plaintiff, and that the other moiety thereof be borne and paid by the defendants: And I award and direct that, except the costs hereinbefore specifically provided for, the said defendants do bear and pay all the costs of this reference: And I direct that the sums due to the said parties respectively in respect of the said £and the costs of this reference and award, when taxed, shall be set off and deducted the one from the other, and that the balance shall be paid on demand; and that if the said balance be in favour of the plaintiff, then I direct that the same be paid to Mr. X. Y., the solicitor of the plaintiff, at his office at : but if the said balance be in favour of the defendants, then I direct that the same be paid to Mr. D. Z., the solicitor of the defendants, at his office at In witness whereof A.D. 19—. I have hereunto set my hand this day of |