69. Writ of Possession pursuant to an Award (a).

Edward the Seventh [&c., as usual, ante, p. 608], to the sheriff of

greeting: Whereas lately in our High Court of Justice, by an order of

Master

dated the

award of A. A., dated

day of

19-, it was ordered that the awarding that C. D. should deliver to A. B. possession of all that [here describe the lands], should be enforced in the same manner as a judgment or order to the same effect: Therefore we command you that you omit not by reason of any liberty of your county, but that you enter the same, and without delay you cause the said A. B. to have possession of the said [lands and premises with the appurtenances]. And in what manner you have executed this our writ make appear to us in our High Court of Justice immediately after the execution hereof. And have you there then this writ. Witness [&c., as usual, ante, p. 608].

70. Notice of Motion to remit Award (b).

In the High Court of Justice.

of

King's Bench Division.

In the matter of the Arbitration Act, 1889, and

In the matter of an arbitration between A. B. and C. D.

Take notice that this Honourable Court will be moved on the

day

next [or 19—, or at the expiration of days after the service of this notice on you], or so soon thereafter as counsel can be heard, by counsel on behalf of the above-named A. B., for an order that the award

(a) This form is framed from that prescribed by the Judicature Acts (Sched. App. F., No. 7), and that prescribed by R. M. V. 1854.

By R. S. C., Ord. XLVII., r. 2, "Where by any judgment or order any person therein named is directed to deliver up possession of any lands to some other person, the person prosecuting such judgment or order shall, without any order for that purpose, be entitled to sue out a writ of possession, on filing an affidavit showing due service of such judgment, and that the same has not been obeyed."

By Ord. XLII., r. 24, “ Every order of the Court or a Judge in any cause or matter may be enforced against all persons bound thereby in the same manner as a judgment to the same effect."

(b) By the Arbitration Act, 1889, s. 10 (1), "In all cases of reference to arbitration the Court or a Judge may from time to time remit the matters referred to, or any of them, to the reconsideration of the arbitrators or umpire."

By the Arbitration Act, 1889, s. 10 (2), "Where an award is remitted, the arbitrators or umpire shall, unless the order otherwise directs, make their award within three months after the date of the order."

of E. F. [or the matters referred, or the following matters referred, viz., -] in the reference to arbitration before him [or E. F.] under the submission between A. B. and C. D. dated -, may be remitted to the said E. F, for reconsideration on the grounds that [here state the grounds shortly ()]; and that the costs of and occasioned by this application be paid by the said C. D.

The application should in general be supported by an affidavit showing the circumstances under which it is made. A copy of any affidavit intended to be used must be served with the notice of motion. See Ord. LII., r. 4, ante, p. 723.

72. Notice of Motion to set aside Award (d).

[Title and formal parts as in form No. 70, ante, p. 871.]

day of

day of

made

For an order that the award of E. E., dated the in the reference to arbitration before him between A. B. and C. D., under the submission dated the may be set aside on the grounds that the said arbitrator misconducted himself by [or that the said award was improperly procured by, or on the grounds that -, state shortly the grounds] (e); and that the costs of the said reference and award, and of and occasioned by this application, be paid by the said C. D. Dated

[&c., conclude as in form No. 70, supra].

73. Affidavit in Support thereof.

The application should be supported by an affidavit showing the cir cumstances under, and the grounds on which, it is made. A copy of any affidavit intended to be used must be served with the notice of motion (e).

(c) See Ord. LII., r. 4, ante, p. 723.

() By the Arbitration Act, 1889, s. 11 (2), "Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set the award aside.'

(e) See Ord. LII., r. 4, ante, p. 723.

74. Order setting asile or remitting Award.

[This may be framed from the notice of motion.]

75. Award where Award sent back to Arbitrator for Reconsideration, and he

day of

confirmed it.

-, it was

: And

Whereas by an order of Nisi Prius made on the trial of an action in which A. B. was the plaintiff and C. D. the defendant, dated ordered that the said action, and all matters in difference between the said parties, should be referred to the award of me, A. A., of whereas I, the said A. A., did, pursuant to the said order, on, make and publish my award in writing pursuant to the said order: And whereas by an order of the King's Bench Division of the High Court of Justice, dated the 19--, it was ordered that it should be referred back to me, the said arbitrator, to reconsider the amount of the damages awarded by me to the plaintiff in the said cause, and that the costs of the further reference and award should be in my discretion: Now I, the said A. A., having taken upon myself the burthen of this further reference, and having heard and duly considered the evidence, allegations and proofs further made and adduced by the said parties, and having in pursuance of the said order reconsidered the amount of the said damages, do hereby award and declare that I find no reason to alter the amount of the said damages, and I do confirm my former award and direct it to stand as to the said damages: And I further award and order that the said C. D. shall pay and bear the costs of this my second award, and also pay to the said A. B. his costs of the further reference [all this part, as to what the arbitrator awards, must, of course, depend on the second award itself]. In witness whereof I have hereunto set my hand the

A.D. 19-.

day of

Witness, W. W.

A. A.

76. Award where Award sent back to Arbitrator to be amended, and

amended accordingly.

Whereas by an order of the King's Bench Division of the High Court of Justice, dated the day of last, it was ordered that my award, dated should be referred back to me to reconsider and amend the same, and I, the within-named arbitrator, having reconsidered my said award, already made herein, do hereby award that the same ought to be amended by [&c., state in what respect the award ought to be amended] ; and I award and direct that the following amendment be made, that is to say, that [&c., state the amendment].

77. Notice of Motion to remove Arbitrator for Misconduct (f). [Title and formal parts as in form No. 1, ante, p. 843, or No. 70, ante, p. 871] for an order that E. F., the arbitrator [or umpire] appointed in the reference to arbitration between A. B. and C. D. under the submission day of, be removed on the ground that he has And that the costs of this application

dated the

misconducted himself by

Dated [&c., conclude in the form followed in the title]

78. Affidavit in Support thereof.

The application should be supported by an affidavit showing clearly the misconduct complained of.

(f) By the Arbitration Act, s. 11 (1), "Where an arbitrator or umpire has misconducted himself, the Court may remove him."

ADDENDA.

ACTIONS FOR RECOVERY OF LAND BY LANDLORD AGAINST TENANT WHOSE TERM HAS BECOME LIABLE TO FORFEITURE.

1. Statement of Claim to be specially indorsed on Writ of Summons
claiming Forfeiture for Non-Payment of Rent (a).

Statement of Claim.

1. The plaintiff is entitled to possession of the [dwelling house and] premises, known as [at], in the [county] of which by

an indenture [or agreement in writing] dated the plaintiff demised [or let] to the defendant for the term of years from -[or as tenant thereof from year to year, or as the case may be] at the [yearly] rent of £ –, payable by the defendant by four equal quarterly instalments of £ each on the 25th March, 24th June, 29th September, and 25th December in every year of the said term [or as the case may be] subject nevertheless to a proviso for the forfeiture of the said term in the event of any such instalment of rent, or any part thereof, remaining unpaid for days after becoming payable [whether legally demanded. or not] [or as the case may be, stating the substance of the proviso]. 2. The said term became and is forfeited to the plaintiff by reason of non-payment of rent.

The plaintiff claims possession of the said premises, and also £—, arrears of rent as specified above [and also mesne profits since 24 June, 19-].

[Place of trial,].

And the sum of £- [&c., as usual; see ante, p. 36].

(Signed)

(a) By R. S. C., January, 1902, r. 1, "Order III., Rule 6 (F.), shall be read as if after the words notice to quit,' the words or has become liable to forfeiture for nonpayment of rent' were inserted."

For Ord. III., r. 6, see ante, p. 44, n. (p).