Dismissal

duct (a).

thrafter, & to employ the remr of the sd term for his own use & benefit witht any interferce or claim on the pt of the sd A. in or for any gains or earngs thrafter made by the sd B. in the afsd trade or business or orwise]: [PROVD ALSO, & it is hby on miscon- further agrd, that in case the sd B. shl at any time durg the sd term be wilfully disobedient to the lful & reasble commands of the sd A., or shl orwise grossly misconduct himself, it shl be lful for the sd A. to dischge the sd B. from his service, provd that in such case he shl repay the sd C. the sum of £for every yr & a proportionate sum for any fraction of a yr of the sd term of yrs wch shl then be unexpired]: [AND it is hby agrd that upon the expiron of the sd apprenticeship & the dischge by the sd B. & C. of all their respive obligons to the sd A. hrunder this psnt indre shl be delivered by the sd A. to the sd B.] IN WITS, &c.

Parties.

Recital.

Clerk articled.

Covenant

for service.

II.

ARTICLES of CLERKSHIP to a SOLICITOR, the CLERK being OF AGE. VARIATION where he is UNDER AGE and his FATHER joins (b).

ARTICLES OF AGRMT made this

day of, BETN [A., of, &c., father of the clerk, of the first pt,] B., of, &c., clerk, of the one [second] pt, & C., of, &c., solor, of the other [third] pt: WHAs the sd B. [A.] has applied to the sd C. to accept [his son] the sd B. as an articled clerk, wch the sd C. has agrd to do in mner & on the terms hinafter appearg: NOW THESE PSNTS WITS that, in psuance of the sd agrmt the sd B. [of his own free will & with the consent of his father, the sd A.] doth hby place & bind himself clerk to the sd C., to serve him from the day of the date hrof for the term of fire yrs: AND THE SD B. [A.] doth hby [for himself & also on behalf of his sd son B.] covt with the sd C. his exs & ads, in mner follg, that is to say, that he, the sd B., shl & will faith

(a) See Westwick v. Theodor, L. R., 10 Q. B. 224.

(b) As to articles of clerkship, see ante, p. 143. See also the form recommended by the Incorporated Law Society of Liverpool in 35 Sol. J. 805.

property.

fully & diligently serve the sd C. as his clerk in the profession of a solor of the Supreme Ct, from the day of the date hrof durg the sd term of fire yrs, & that he, the sd B., shl not at any time cancel, injure, obliterate, destroy, spoil, waste, Not to injure embezzle, spend, or make away with any of the books, papers, writgs, moys, stamps, or other ppty of the sd C. or of the firm in wch he is or may for the time being be a ptner, or of any ptner thrin, or of any of his or their clients or employers, wch shl be deposited in his or their hands, or entrusted to the care, custody, or posson of him or them or of the sd B., AND THAT in Make good case he, the sd B., shl act contrary to the covt lastly hinbfe any loss. contd, or if the sd C., his exs or ads, or his firm for the time being, or any ptner thrin for the time being, shl sustain or suffer any loss, damage, or prejudice, by the misbehaviour, neglect, or impper conduct of the sd B., he, the sd B. [A.], his exs or ads, shl make good & reimburse such loss to the sd C., his exs or ads, or such firm or ptner as afsd, as the case may be, or refund the amt or value thof: AND FURTHER, that he, the Keep sd B., shl & will at all times keep the secrets of the sd C., & of secrets. such firm as afsd & of every ptner thrin, & of his or their business, & shall & will at all times durg the sd term of five yrs, readily & cheerfully obey & exte his or their lful & reasble Obey commands, & shl not desert or absent himself from the service Not absent or employmt of the sd C. at any time durg the sd term witht himself. his consent, or that of some member of the firm of wch he may for the time being be a member, first obtained, & shl, from time to time, & at all times durg the sd term, conduct himself with all due diligce, honesty, sobriety, & temperce, & that he, the sd B., will truly & honestly serve him, the sd C., at all times durg the sd term as a faithful clerk ought to do in all things whatsr in the mner above specified: IN CONSON whof & Covenant of the sum of £by solicitor by the sd B. [A.] to the sd C. now pd (the rect whof the sd C. doth hby acknowe), he, the sd C., doth hby covt with the sd B. [A.], his exs & ads, in mner follg, that is to say, that he, the sd C., will accept the sd B. as his to accept clerk, & also will teach & instruct, or cause to be taught & clerk, instructed, the sd B. in the practice & profession of a solor of the Supreme Ct wch he the sd C., now doth or shl at any time hrafter durg the sd term use or practise, & also will at the cause clerk expiron of the sd term use his best means & endeavours at the admitted.

orders.

teach,

to be

death of

solicitor

(a).

request, costs, & chges of the sd B., to cause & procure him, the sd B., to be admitted & sworn a solor of the Supreme Ct, provd that he, the sd B., shl have well & faithfully served his sd intd clerkship, & shl have successfully passed all such examinons as articled clerks are by law or custom bound to do Proviso for bfe being admitted to practise as solors. [AND FURTHER that in case he, the sd C., shl retire from practice or die bfe the expiron of the sd term of five yrs, the sd C., his exs or ads, shl within one month after his retiremt or death pay or cause to be pd to such pson or psons as shl agree to accept the sd B. as his or their clerk for the residue of the sd term, the sums of moy follg, that is to say, in case such retiremt or death shl happen before the expiron of the first yr of the sd term, the sum of £- -, & in case the same shl happen after the first yr & bfe the expiron of the second yr thof, the sum of £, &c.] IN WITS, &c.

Parties.

ship.

Agreement to give power.

III.

AGREEMENT enabling an APPRENTICE to transfer or determine his APPRENTICESHIP.

ARTICLES OF AGRMT made, &c., BETN A., of, &c., master, of the one pt, & B., of, &c., apprentice, of the other pt: WHAS Recital of by an indre, &c., the sd B. bound himself apprentice to the sd apprentice- A., to learn his business of from the day of the date thof for the term of seven yrs: AND WHAS it has been agrd that the sd B. shl have power to require an assnmt of, or to determine the sd service & apprenticeship as hinafter mentd: NOW THESE PSNTS WITS that, in psuance of the sd agrmt it is hby agrd, & parlarly the sd A. hby covts with the sd B., that in case he the sd B., shl at any time hrafter, durg the sd term of seven yrs, be desirous of servg the remr of the sd term, or of learng the sd business of, with some pson other than the sd A., who shl be a resident in England, & shl give notice in writg of such his desire to the sd A., then the sd A. shl & will on the rect of such notice, at the cost of the sd B., assn &

Covenant by master

on notice

to assign,

(a) See ante, p. 143.

transfer unto such pson being a resident in England, as the sd B. shl, by any such notice as afsd, nominate for that ppose, all the residue wch shl be then to come of the sd term of seven yrs, & all right & title to the service of the sd B., durg such residue of the same term: AND ALSO that in case the sd B. shl to determine. at any time hrafter durg the sd term of seven yrs be desirous of determing the apprenticeship or service by the sd recited indre contracted to be served or pformed, & give notice in writg of such desire as last afsd to the sd A., then & in that case immedly after any such notice as last afsd shl have been given, the sd indre of, &c., & the apprenticeship & service thby contracted to be served & pformed, & every covt, agrmt, & thing thrin expd or contd shl cease & become void, but witht prejudice to any right of action wch may have arisen in respt of any breach thtofore committed of any of such covts or agrmts. IN WITS, &c.

ARBITRATION.

Arbitration

PRELIMINARY NOTE.

THE earlier enactments relating to arbitration have been superseded by Act, 1889. the Arbitration Act, 1889 (52 & 53 Vict. c. 49). By this Act (which relates to Submission England only) it is provided (s. 1) that every submission, unless a contrary

irrevocable.

Provisions implied in submission.

intention is expressed therein, shall be irrevocable, except by leave of the Court or a judge, and shall have the same effect as if made an order of Court. It is therefore now unnecessary to provide, as it was before the Act, for making the submission or award a rule of Court. As to the law before the Act with respect to the submission being revocable, see the third edition of this work, Vol. I., p. 166, note. And see as to s. 1 of the Act and the jurisdiction to enforce submissions, Re Smith, 25 Q. B. D. 545.

By s. 2 (which applies to all submissions, whether made before or after the Act, Re Williams, [1891] 2 Q. B. 267), it is enacted that a submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set out in the 1st schedule to the Act, so far as they are applicable to the reference under the submission, namely:

a. If no other mode of reference is provided, the reference shall be to a single arbitrator.

Number of b. If the reference is to two arbitrators, the two arbitrators may appoint arbitrators. an umpire at any time within the period during which they have power to make an award.

Time for making award.

Examination of

parties and production

of documents.

c. The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission; or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award.

d. If the arbitrators have allowed their time or extended time to expire without making any award, or have delivered to any party to the submission, or to the umpire, a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

e. The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire by any writing signed by him may from time to time enlarge the time for making his award.

f. The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or