38. Award in favour of Defendant.

To all to whom these presents shall come, I, A. A., of, Esquire, send greeting: Whereas an action having been commenced in the Division of the High Court of Justice, in which A. B. was the plaintiff and C. D. was the defendant, it was on last, by an order made in the said action by the Honourable Mr. Justice

:

or on or

by consent of the parties, ordered that the said action and all matters in difference [or dispute] between the said parties should be referred to the award, order, arbitrament, final end and determination of me, the said A. A., so as I should make and publish my award in writing of and concerning the matters referred ready to be delivered to the said parties in difference, or such of them as should require the same, on or before before such ulterior day as I should from time to time appoint and signify in writing under my hand to be indorsed on the said order, and it was thereby by the like consent further ordered that the said parties should in all things abide by, perform, fulfil and keep such award so to be made as aforesaid, and that the costs of the said action and of the reference and award should be wholly in my discretion [let all this agree with the order of reference] And I, having taken upon myself the burthen of the said reference, and having heard the said parties and duly weighed and considered the evidence adduced before me and all matters to be considered by me, do make and publish this my award of and concerning the matters referred to me as aforesaid; and I do award that the said A. B. had not at the time of the commencement of the said action, or at any time since, any cause of action against the said C. D., nor any claim or demand whatever against him, and that the said A. B. is not entitled to recover anything in the said action; and I award that the said A. B. at the time of the commencement of the said action was and still is indebted to the said C. D. in £- ; and I do award that the said A. B. do pay the said £ to the said C. D. on next, between the hours of and in the afternoon, at the office of Messrs. the solicitors for the said C. D. And I award that the said A. B. do bear and pay his own costs of the said action and of the said reference, and that he do pay to the said C. D. the said C. D.'s costs of the said action and of his defence thereto, and also the said C. D.'s costs of the said reference: And I further award that the said A. B. do pay the costs of this my award, and that if the said C. D. pays the same, which he is at liberty to do, then that the said A. B. do forthwith repay to the said C. D. the amount of the said costs which he shall so pay And lastly, I find that neither of the respective parties have any other demand, claim or cause of action upon or against the other of them in respect of the matters referred to me as aforesaid than the matters aforesaid by me awarded upon. In witness whereof I have hereunto set day of A.D. 19-.

my hand this

Witness, W. W., of

39. The like, where a new Arbitrator has been substituted by Order for one of those originally named.

[Commence as in the preceding form to the *]: And whereas it was afterwards, by an order dated, made by the Honourable Mr. Justice by consent of the said parties to the said reference, ordered that should be substituted in the place of the said to whom the said action and all matters in between the parties were by the said order, dated we, having taken [&c.].

as one of the arbitrators difference [or dispute] to be referred : Now

40. The like, where the Time for making the Award has been enlarged by Indorsement on the Order.

by

[Commence as in the form No. 38, supra, to the *]: And whereas the time for the making the said award by the said arbitrator has been, pursuant to the said first-mentioned order, duly enlarged by indorsement thereon until the [or And I, the said A. A., did on the an indorsement on the and publication of my award until the].

said order, appoint a further day for the making award, and did enlarge the time for making my [Proceed as in form No. 40, supra, from the *.]

41. The like, in Plaintiff's Favour in an Action for unliquidated Damages. [Commence as in the form No. 38, supra, to the *]: And I, the said A. A., having taken upon myself the burthen of the said reference, and having duly weighed and considered the several allegations, proofs and evidence of both the said parties touching the said matters so as aforesaid referred, do hereby make and publish my award of and concerning the same as follows; that is to say, I find and award that, at the commencement of the said action, the plaintiff had sustained damages to the amount of £, by reason of the matters in difference in the said action, and that the plaintiff had good cause of action against the defendant to recover the said damages in respect of the said matters in difference: And I award and direct the defendant to pay to the plaintiff the said £—. I find and award that there are no [or no other matters in difference between the said parties have been presented to or laid before me, besides those in the said action] matters in difference between the parties other than those in the said action: And I award and direct that the costs of the said action, when taxed, be paid by the said defendant to the said plaintiff, and that the plaintiff and the defendant do each bear his own costs of the reference, and that the defendant do pay the costs of this my award; and that if the said plaintiff pays the said last-mentioned costs, then that the defendant do forthwith repay him the amount which he shall so pay. Witness my hand this - day of Witness, W. W., of

A.D.

A. A.

42. Award where the Submission was by Agreement, and stating a subsequent Agreement for an Enlargement.

and

To all to whom these presents shall come, we, A. A, of send greeting: Whereas by an agreement in writing

and C. D., of

bearing date

T. A., of between A. B., of last, reciting that [&c., here set out the recital and such parts of the agreement as bear upon the award:] And whereas by an indorsement on the said agreement, bearing date last, and under the hands of the said A. B. and C. D., they, the said A. B. and C. D., mutually consented and agreed that the time for us, the said arbitrators, making our award herein should be enlarged to then next, and that they would in all other respects abide by the terms of the said agreement: Now know ye that we, the said arbitrators, having taken upon ourselves the burthen of the said reference, and having fully weighed and considered all the evidence, allegations, proofs and matters laid, made and produced before us, do award [&c.].

43. Umpirage under an Agreement of Reference.

send

To all to whom these presents shall come, I, W. T., of greeting: Whereas disputes and differences having arisen between the Company (Limited) and G. H., one of the shareholders of the said company, the said company nominated and appointed F. P., and the said G. H. nominated and appointed E. P. as arbitrators to whom the said company and the said G. H. referred the said disputes and differences, and for them to hear and determine the same and make their award thereon, and the said company and the said G. H. agreed that the said arbitrators should, before they entered upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on such matters in case they differed and could not agree on making their award, and that the decision of such umpire on the matters referred should be final And it was further agreed between them that the costs of and attending such arbitration to be determined by the said arbitrators or the said umpire should be in the discretion of the arbitrators or the said umpire as the case might be: And whereas the said arbitrators took upon themselves the burthen of the said arbitration, and before they entered into the matters referred to them nominated and appointed, by writing under their hands, me, W. T., as an umpire, according to the said agreement, in any such matters on which they differed: And whereas the said arbitrators differed and were unable to agree upon their award in respect of the matters referred to them as aforesaid, and thereupon the said disputes and differences were referred to me for my award and determination thereon as umpire as aforesaid; and I, the said W. T., having taken upon myself the burthen of the said references and umpirage, and having heard,

examined and considered the allegations, witnesses and evidence of both the said parties concerning the premises, and done and performed all things, and all things having happened and existing to enable me to make my umpirage and award of and concerning the said disputes and differences and matters referred as aforesaid, do make and publish this my umpirage and award of and concerning the same in the manner following; that is to say I award and determine of and concerning the said disputes and differences and the matters referred to me as aforesaid, that the said G. H. has a just and valid claim and demand against the said company to the extent of £————, after allowing for all claims and demands which the said company have against him upon and in respect of the said disputes and differences and matters referred as aforesaid, or any of them; and I do award that the said company do and shall, on the

day of

, pay between

the said sum of £ unto the said G. H. at his office at the hours of and of the clock in the forenoon; and I do award that the said sum shall be paid, accepted and taken as and for full satisfaction and discharge, and as a final end and determination of the said disputes and differences and matters so referred as aforesaid, and all claims and demands upon or in respect of the same by either of the said parties against the other of them; and I award and determine that the said company do and shall bear and pay their own costs of and attending the said arbitration; and I award and determine that the said company do and shall pay to the said G. H. his costs of and attending the said arbitration and the costs of this my award; and I award that the said company do and shall pay the said £—— to the said G. H. at the time and place appointed for payment; and in case the said G. H. pays me the same, then I award that the said company do repay him the amount thereof so paid. In witness whereof I have hereunto set my hand this

A.D.

day of

44. Certificate of Arbitrator of Amount of Damages in an Action for an

I certify that the damages sustained by the plaintiff on the occasion of the causes of action in the statement of claim mentioned amount to the sum of £——, for which sum I direct a verdict to be entered in this action for the plaintiff, together with his costs of suit. As witness my hand this

day of

19-.

A. A.

45. The like, in another Form.

19-,

No.

In the High Court of Justice.

King's Bench Division.

B.

V.

Pursuant to the power conferred on me in this action, I, A. A., of -, barrister-at-law, do hereby certify that the verdict which has D. been entered for the plaintiff do stand, but that the damages be reduced to £-

Dated

A. A.

46. Certificate of Arbitrator that Verdict entered for Plaintiff be set

aside, &c.

I do hereby certify that the verdict entered for the plaintiff be set aside, and that a verdict be entered for him upon the issue joined upon the paragraphs of the defence [or reply, &c.], and for the defendant upon the issue joined upon the

47. Award that one Party shall Pay a Sum of Money to the other and release Claims.

I award that the said C. D. shall and do pay to the said A. B. on

of the clock in the

in

-noon of the the sum of £

between the hours of - and same day, at the office of Messrs. : And I do further award and direct that, upon payment of the said £ to the said A. B. as aforesaid, they, the said A. B., and C. D., shall and do respectively, at the costs of the party requiring the same, sign, seal and deliver each unto the other of them mutual general releases in writing of all and all manner of action and actions, cause and causes of action, bills, bonds, covenants, debts, rents, specialties, controversies, claims and demands whatsoever, from the beginning of the world until the time of the entering into the said agreement [or other submission as the case may be] of reference (s). In witness whereof I, the said A. A., the arbitrator aforesaid, have hereunto set my hand the day of Witness, W. W.

48. Award of Verdict on several Issues.

A.D.

A. A.

I award, as to the issue joined on the first and second paragraphs of the defendant's defence between the parties in the said action, that the defendant is not guilty of [or did not commit] the trespasses in the statement of claim in the said action mentioned as alleged; and as to the issue joined on the third and fourth paragraphs of the said defence between the said parties in the said action, I award that the plaintiff was not possessed of the goods and chattels in the statement of claim mentioned as alleged.

(*) See Toby v. Lovibond, 5 C. B. 770.

C.F.

55