49. Award of Damages in an Action where no Verdict. I award and find that the plaintiff has a good cause of action against the defendant in respect of the matters referred to me, and for which the said action is brought, and that the plaintiff has sustained damages by the said cause of action to the amount of £—, and I assess those damages at that sum, and award and direct the defendant to pay the same to the plaintiff on at 50. Award that Plaintiff has a good Cause of Action on certain Paragraphs of his Statement of Claim, but not on others. I award that the plaintiff has a good cause of action in respect of the matters in the first and second paragraphs in his statement of claim alleged for the sum of £- —, which sum I direct the defendant to pay to the plaintiff; and I further award that the plaintiff has no cause of action in respect of the matters in the third and fourth paragraphs of the said statement mentioned. 51. Award that the Moneys, &c., awarded shall be in Satisfaction of Matters in Difference. I award that the said damages and the said sums of money awarded to be paid, and the several matters and things awarded and directed to be done by or with regard to the parties in this reference as aforesaid, shall respectively be paid, received, done, accepted and taken as and for full satisfaction and discharge and as a final end and determination of the matters in difference between the parties referred to me. 52. Award that Defendant pay the Costs of Reference and Award (†). I award that the defendant do pay to the plaintiff the plaintiff's costs of and incidental to the said reference, and also the costs of this my award. 53. Award that each pay half Costs of Reference and Award (t). I award that one moiety of the costs of the said reference and of this my award be borne and paid by the said A. B., and the other moiety by the said C. D. 54. Award that each Party shall pay his own Costs and a Moiety of the Costs of the Award (t). And as to the costs of this reference and award, I do award that each of the said parties shall bear and pay his own costs incurred by him in (†) See the Arbitration Act, 1889, s. 2 (i), ante, p. 849. and about the reference; and that the costs of this award be borne and paid by the said parties in equal moieties; and that, if either of the said parties shall pay the whole thereof [for the purpose of taking up this my award], then I direct that the other of them shall repay one moiety of the said costs to the party so taking up this my award [when and so soon as the costs of the said action shall have been taxed]. 55. Award of Entry of a Judgment. I award and direct that judgment be entered for the plaintiff [or defendant] in the said action [for] 56. Award against an Executor or Administrator. I award that the said E. F., deceased, at the time of his death was indebted to the said A. B. £ [or administrator] of the said E. and that the said C. D., the executor F., at the commencement of the said action had in his hands goods and chattels which were of the said E. F. to be administered of the value of C. D. to pay to the said A. B. £ and I award and direct the said 57. Application to compel Arbitrator to state Special Case (u). [Title and formal parts as in form No. 16, ante, p. 852, but address the summons to the arbitrator as well as the opposite party] for an order that E. F., the arbitrator [or umpire] under the reference to arbitration between A. B. and C. D. before him, pursuant to the submission dated the may be ordered to state in the form of a special case for the opinion of the Court the following question [or questions] of law arising in the course of the reference, viz.: [here state the question shortly]; and that the said C. D. do pay the costs of this application, [or that the costs of the application be -•] Dated [&c., conclude as in form No. 16, ante, p. 852]. 58. Special Case stated by Arbitrator. [Title, &c., as in form No. 16, ante, p. 852, or if in an action, as in the order of reference.] Special Case for the opinion of the Court stated [pursuant to the order of, dated -] by A. A., the arbitrator appointed under the submission to arbitration (u) By the Arbitration Act, 1889, s. 19, "Any referee, arbitrator, or umpire may at any stage of the proceedings under a reference, and shall, if so directed by the Court or a Judge, state in the form of a special case for the opinion of the Court any question of law arising in the course of the reference." 1. [Here state the facts giving rise to the question of law to be submitted.] The question of law for the opinion of the Court is whether state the question of law]. Dated the day of 19-. [here A. A. 59. Award in the Form of a Special Case (x). [Title as in preceding form.] This is the award of A. A., the arbitrator appointed under the submission to arbitration between A. B., of ——————, and C. D., of by the order of dated [or dated, stated in the form of a special case [at the request of the above-named A. B.], pursuant to section 7 of the Arbitration Act, 1889. 1. [Here state in separate paragraphs the facts found.] then my award is then my award is If in the opinion of the Court 19-. 60. Application to enforce Award (y). A. A. [Title and formal parts as in form No. 16, ante, p. 852] for an order that the award of E. F., dated and made in the reference to arbitration before him between A. B. and C. D., under the submission dated, may, on the grounds that the said C. D. has not complied therewith, be enforced pursuant to section 12 of the Arbitration Act, 1889, in the same manner as a judgment or order to the same effect, [by an order that the said A. B. be at liberty to issue execution against the said C. D. for £—], and that the costs of this application be paid by the said C. D. Dated [&c., conclule as in form No. 16, ante, p. 852]. 61. Affidavit in Support thereof. The application should be supported by an affidavit, intituled like the summons, exhibiting the submission and the award, or duplicates thereof, and also a copy of the latter for filing, and showing the applicant's right to the order asked for. See Central Office Pr. Rules, r. 20. A copy of any affidavit intended to be used must be served with the application. See Ord. LII., r. 4, ante, p. 723. (r) See Arbitration Act, 1889, s. 7. 66 (y) By the Arbitration Act, 1889, s. 12, " An award on a submission may, by leave of the Court or a Judge, be enforced in the same manner as a judgment or order to the same effect." 62. Affidavit of Execution of an Agreement or Deed of Reference. [Title as in form No. 16, ante, p. 852.] In the High Court of Justice. King's Bench Division. I, W. W., of make oath and say that on I was present and did then see C. D. duly execute the agreement [or deed, or bond] now produced and shown to me and marked A., and the said C. D. did then sign the said agreement in my presence, and that the name C. D. at the foot thereof is in the proper handwriting of the said C. D., and that the name W. W. subscribed to the said agreement [or deed, or bond] as the witness thereof is in my proper handwriting. 1. That I did, on, see A. A., of, sign and publish his award exhibited to me at the time of swearing this my affidavit, and marked A. 2. That the name 4. A., set and subscribed to the said award as the party executing the same, is in the proper handwriting of the said A. A., and that the name W. W., set and subscribed thereto as a witness attesting the execution of the said award, is in my handwriting. on Sworn [&c., see ante, p. 749]. 64. Affidavit verifying a Copy of the Award. [Title, &c., as in form No. 16, ante, p. 852.] W. W. I, X. Y., of, solicitor for the above W. B., make oath and say that I, received from D. Z., the solicitor for the above-named defendant, a copy of the award made by A. A. in this action [or matter] which said copy is now produced and shown to me and marked A., and which said award was taken up and is now in the possession of the said D. Z. as such solicitor as aforesaid, or of the said defendant, as I verily believe. Sworn [&c., see ante, p. 749]. X. Y. 65. Affidavit of due Enlargement of Time for making an Award. [The usual form of affidavit, supra, may be used, adding :] The time for making the said award was on duly enlarged to, by the writing under the hand of the said A. A. indorsed on the said order [or agreement, or deed, as the case may be]. 2. The name of the said A. A. set and subscribed to the said indorsement is of the proper handwriting of the said A. A. 3. The said award was made and published on enlarged time for making and publishing the same. and within the 19-. 66. Judgment on Award on Reference before Trial. [Title, &c., as usual; see ante, p. 852, form No. 16.] This action [or The matters in difference in this action] having been referred by order of [Master], dated, to the arbitration [or certificate] of, of, with power to the successful party to sign judgment on the award, unless restrained by any order of Court or order of a Judge, and the said having by his award [or certificate] dated, found that [here state the operative parts of the finding], and no order of Court or order of a Judge having been made to set aside the said award or certificate or to restrain the from signing judgment thereon It is this day adjudged that the do recover against the £ —, and £ costs [or as the case may be]. 67. Judgment on Award when Action referred at Trial. 19-. [Title, &c., as usual; see ante, p. 852, form No. 16.] This action having, on the come on for trial before [the Honourable Mr. Justice] and a common [or special] jury of the [county] of [Middlesex], and it having been ordered by the said. [or by the Court] that the action should be referred to [or that the jury should find a verdict for the with power to the said having [by his award (or ment be entered for the day adjudged that the subject to] the award [or certificate] of costs, or as the case may be, following the direction of the arbitrator]. 68. Præcipe for Writ of Possession pursuant to Award (z). Same as usual (ante, p. 608), except that the word order must be substituted for judgment. (-) See ante, p. 608, n. (μ). |