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FORMS.

98. FORM of AGREEMENT of REFERENCE in WRITING. MEMORANDUM of agreement made this

part.

,

of the one part, and C. D., of

,

between A. B., of the other

,

WHEREAS certain disputes and differences have arisen between the parties hereto, and it is desirable to refer the same to arbitration, as after mentioned. Now therefore it is hereby agreed by and between the parties hereto to refer, and the parties hereto do hereby refer, all matters in difference between them to the award, order, arbitrament, final end, and determination of A. B., of , so that he make and publish his award of and concerning the same, ready to be delivered to us or either of us, or, if we or either of us shall be dead before the making of the same, to our respective personal representatives requiring the same, on or before the

day of

, or such further day as the said arbitrator may, from time to time, enlarge the time for making his said award, by writing under his hand indorsed on this agreement.

AND it is hereby further agreed that the said arbitrator may, by his said award, order and determine what he shall think fit to be done by us respecting the said matters of difference; and that the costs either of of the said reference and award shall be in the discretion of the said arbitrator, who may award by whom, to whom, and in what manner, the same shall be paid.

AND each of the said parties hereto agrees with the other to stand to, abide by, obey, perform, fulfill, and keep the said award, so to be made and published as aforesaid.

AND it is further agreed, that it shall be in the discretion of the said arbitrator to examine the parties, either or both of them, and that the witnesses in the reference, and the parties, if examined, shall be examined on oath; and that the said parties respectively shall produce before the said arbitrator all such books, deeds, papers, documents, and writings in his custody, power, or control, relating to the matters referred, as the said arbitrator shall think fit to require; and that the said parties respectively shall do all other acts necessary to enable the said arbitrator to make his award herein, and that neither of them shall willfully and wrongfully do, or cause to be done, any act to delay or prevent the arbitrator from making his said award, otherwise he shall pay to the other such costs as the arbitrator may in writing declare to be reasonable. And it is further agreed, that the said arbitrator may proceed in the said reference ex parte, if either of the said parties refuse or neglect to attend before him, after having received due notice, and without reasonable excuse. AND each of the said parties hereto agrees with the other that he will not bring or prosecute any action or suit in any court of law or equity against the said arbitrator, for or in respect of the matters in pursuance of this agreement.

,

AND it is hereby further agreed, that this agreement shall be made a rule of Her Majesty's court of , and further, that, in the event of either of the said parties disputing the validity of the said award, or moving the said court of or any other court, to set the same, or any part thereof, aside, or in any other event, the said court of shall have power at any time, and from time to time, to remit the matters hereby referred, or any or either of them, to the reconsideration and redetermination of the said arbitrator, and with, upon, and subject to such directions, powers, and terms, as to the said court may seem proper.

IN WITNESS WHEREOF, the said parties have hereunto set their hands the day and year first above written. WITNESS: W. W.

A. B.

C. D.

99. FORM of MEMORANDUM by ATTORNEY.

is a

,

I hereby certify that W. W., of necessary witness in the matter submitted to ref

Title of Court

and Cause.

erence in this cause, and that it is necessary that

next, at

he should attend at the chambers of A. A., Esq., situate No. the arbitrator appointed in this cause, on o'clock in the morning, at which time and place the arbitrator has appointed a meeting herein, and that he should produce to the said arbitrator, at the time and place aforesaid, the following documents, to

wit, &c.

DATED, &c.

P. A.,

Attorney for the above named A. B, [or C. D.]

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present and did then see C. D. duly execute the agreement hereunto annexed, marked A., and that the said C. D. did, in my presence, subscribe his name thereto, and that the name C. D., at the foot thereof, is the proper handwriting of the said C. D., and that the name P. W., subscribed thereto, as witness thereof, is my own handwriting.

101. FORM of AFFIDAVIT of EXECUTION of AWARD.

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., and that the name A. A., subscribed thereto, is the proper handwriting of the said A. A., and that the name P. A., subscribed thereto as a witness attesting the execution of the said award, is my own handwriting.

102. FORM of AFFIDAVIT VERIFYING a COPY of AWARD. that I, on , received from D. A., the attorney for the above named C. D., a copy of the award made by A. A., in the matter above mentioned, and which said copy of the said award is hereto annexed, marked A., and which said award was taken up, and is now in the possession of the said D. A., as attorney aforesaid, or of the said C. D., as I verily believe.

103. FORM of AFFIDAVIT of DUE ENLARGEMENT. that 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 and that the name A. A., subscribed thereto, is the proper handwriting of the said A. A., and I further say that the said award was made and published on

,

and within the enlarged time for making and publishing the same.

,

104. ARBITRATION-ORDER of REFERENCE to, at NISI PRIUS.

TO WIT:-At the sittings of Nisi Prius, held at

, on , the day of

, in the

, in

and for the said year of the reign of our Sovereign Lady the Queen, and in the year , before the hon

of our Lord one thousand eight hundred and

orable , assigned to hold the assizes in and for the said

,

between plaintiff vs.

defendant.

IT IS ORDERED by the court, by and with the consent of the par

to the award, order,

ties, their counsel and attorneys, that arbitrament, final end, and determination of , to whom all matters in difference are hereby referred, so as the said arbitrator do make and publish award in writing of and concerning the matters hereby referred, ready to be delivered to the said parties, or either of them, or, if they, or either of them, shall be dead before the making of the said award, to their respective personal representatives requiring the same, on or before the

day of

next, ensuing the date of this order; with liberty to the said arbitrator under hand in writing, at the foot, or on the back hereof, or hereunto annexed, to enlarge the time for making the said award, and that the said parties shall, on their respective parts, in all things stand to, abide by, obey, perform, fulfill, and keep the award, order, arbitrament, final end, and determination of the said arbitrator , so to be made and published as

aforesaid.

AND IT IS ALSO ORDERED, by and with such consent as aforesaid, that the costs of the said cause

AND IT IS LIKEWISE ORDERED, by and with such consent as aforesaid, that respectively shall be examined upon oath, to be sworn by the said arbitrator, or before a commissioner empowered to take affidavits in Her Majesty's court of Queen's Bench in and for the Province of Upper Canada.

AND IT IS ALSO ORDERED, by and with such consent, that the said parties shall produce, before the said arbitrator, all such books, deeds, papers, and writings, in their or either of their custody or power, relating to the said matters in difference, as the said arbitrator

shall think fit to require.

AND IT IS LIKEWISE ORDERED, by and with such consent as aforesaid, that neither the plaintiff nor defendant shall prosecute or bring any action or suit, in any court of law or equity, against each other, of and concerning the premises in question so as aforesaid referred.

AND IT IS FURTHER ORDERED, by and with such consent as aforesaid, that if either party shall, by affected delay, or otherwise, willfully prevent the said arbitrator from making an award, he shall pay such costs to the other as the said court of

think reasonable and just.

shall

AND LASTLY, IT IS ORDERED, by and with such consent as aforemay be prayed that this order may

said, that the said court

be made a rule of the same court.

105. ARBITRATION BOND.

KNOW ALL MEN, That

,

in the sum of

,

of

or to

,

held and firmly bound to , of lawful money of Canada, certain attorney, executors,

of to be paid to the said administrators, or assigns, for which payment, to be well and truly made, bind heirs, executors, and administrators, forever firmly by these presents.

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day of

, in the

year of our Lord one thousand eight hundred and

WHEREAS disputes and differences have arisen, and are now

pending between the above bounden

touching and concerning

and the said

and the said

have

,

AND WHEREAS the above bounden agreed to refer such disputes and differences, as well as all actions, suits, controversies, accounts, reckonings, matters, and things, in any wise relating thereto, to the award, arbitrament, and determination of arbitrators, nominated, appointed, and chosen as well by and on the part and behalf of the above bounden of the said , and who have consented and agreed to accept the burthen of the said arbitration.

as

NOW, THE CONDITION of the above written bond or obligation is such that, if the above bounden do and shall well and truly submit to, abide by, and perform the award, arbitrament, and determination of the said arbitrators, so nominated, appointed, and chosen as aforesaid, touching and concerning the matters in dispute between the above bounden

, and so re

and the said

ferred to them, the said arbitrators as aforesaid [provided such award be made in writing, under the hands and seals of the said arbitrators, ready to be delivered to the said parties, or such of them as shall apply for the same, on or before the day of the year of our Lord one thousand eight hundred and THEN this obligation shall be void, otherwise to be and remain in full force and virtue.

, in

]

AND the said obligor hereby consents and agrees that this bond of submission, and the award to be made thereunder, shall and may be made a rule of court of any of the superior courts of this province.

SIGNED, SEALED, AND DELIVERED

in the presence of

E. F.

A. B. [SEAL.]
C. D. [SEAL.]

106. GENERAL SUBMISSION to ARBITRATION.

WHEREAS differences have existed, and are now existing and pending, between A. B., of township, in the county of and Province of Canada, and C. D., of the city of

of

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in said Province, (state occupation,) in relation to divers subjects of controversy and dispute :

,

Now, THEREFORE, we, the undersigned A. B. and C. D., aforesaid, do hereby mutually covenant and agree, with each other, that E. F., L. M., and S. T., of, &c., or any two of them, shall arbitrate, award, order, judge, and determine of and concern

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