objon shd be taken to the award by reason of such informality (if any). CLAUSES IN AWARDS. damages for non or, "I ASSESS perform ance of 1. I AWARD & adjudge that the pltff has sustained damages Award of by reason of the non-pformce by the deft of the agrmt in the statemt of claim mentd in the amt of £ the damages sustained by the pltff in respt of the cause of agreement. action in the statemt of claim mentd at the sum of £wch sum I direct the deft to pay to the pltff on or bfe the day of sum in full II. I AWARD that the sd A. shl pay the sd B. on demand Award of the sum of £ in full satisfon of all claims & demands of all whatsr [relative to the mres refd to me, or, "in the above- demands. mentd action"]. awarded to be in full of all demands. III. I AWARD & order that the sd damages & the sd sevl Sums, &c., sums of moy awarded & directed by me to be pd & the sevl mres & things awarded & directed by me to be done by or with regard to the respive pties to this referce as afsd, shl resply be pd, reced, done, accepted & taken, in full satisfon & dischge & as a final end & determinon of the sevl mres in diffce betn the sd pties wch have been refd to me, or, "of all mres in diffce betn the sd pties up to the time of the submission to arbitron." mutual IV. AND I further award & adjudge that the sd A. & B. Award of shl each, on the requison of the other of them [such other releases. havg first pformed the award], & at the costs & chges of the pty requirg the same, exte & deliver unto the other of them a full & sufft rele of all [actions, causes of action, & debts, damages, claims, & demands whatsr, from the beginng of the world, until the time of the sd submission to arbitron, or, "of all claims & demands in respt of the mres in diffce betn the sd pties wch have been refd to me as afsd," exceptg anything by the award provd to be done or suffered. release by one party. V. AND I further award, &c., that upon paymt of the sum Award of awarded by me as afsd, the sd A. shl, if required, by & at the costs of the sd B., exte & deliver to him, the sd B., a full & sufft rele, &c., as in the last clause. Dismissal of action with costs. Proceedings in action to be stayed. That plain tiff has no cause of action. Apology to be made. Plaintiff good cause of action on none on VI. I AWARD, &c., that the pltff has no title to the relief sought by his above-mentd action in the Divon of the High Ct of Justice, & that the sd action be dismissed with costs, to be taxed by the pper officer & pd by the pltff to the deft. VII. I AWARD, &c., that the sd action shl cease & be no further prosecuted, or, "that all pedgs in the sd action shl cease, & that the same shl be no further prosecuted." VIII. I AWARD, &c., that the pltff has been fully pd all demands wch he had agst the sd deft, & has no cause of action agst him. Ix. I AWARD, &c., that the sd B. shl at his own expse make & publish in the newspaper a pper apology, statg, &c. x. I AWARD, &c., that the pltff has a good cause of action agst the deft on the first & second paragraphs of the prayer of his two claims, statemt of claim in the sd action for the sum of £—, wch sum I direct the deft to pay to the pltff on demand: AND I further award that the pltff has no cause of action agst the deft on the third paragraph of the prayer of the sd statemt of claim. 3rd. Of damages generally. Conveyance to be executed. Delivery up of deeds. That one party has no claim against the other. XI. I AWARD & find that the pltff has sustained damages from the deft occasioned by the cause of action for wch the sd action was brought to the amt of £-, & I assess the pltff's damages at the sd sum of £- & direct the deft to pay the same to the pltff on demand. XII. I AWARD, &c., that the sd B. shl, at the reqt & costs of the sd A., by a pper & effectual assurce, convey, pcels, with the appurts unto & to the use of the sd A. & his hrs, or as he or they may direct, such assurce to be prepared by the sd A. XIII. I AWARD, &c., that the sd B. shl forthwith deliver to the sd A. or his hrs all deeds & writgs in the custody or power of the sd B. relatg to the sd freehd premes. XIV. I AWARD, &c., that the sd A. has no claim or demand agst the sd B. in respt of any of the mres in diffce betn them. xv. I AWARD, &c., that there are no mres in diffce betn the As to other pties other than those in the sd action, or, "AND AS to the matters in mres in diffce betn the sd pties other than those in the sd action, I award, &c., that the deft do pay to the pltff the sum of difference. in full satisfon & dischge of all claims & demands by the pltff agst the deft in respt of the same." XVI. I AWARD, &c., that the sd A. do pay to the sd B. the Payment costs of the sd action, to be taxed by the pper officer. XVII. I AWARD, &c., that judgmt be forthwith entd in the sd action for the pltff [deft], with the costs of the sd action, & of the referce & of this my award, to be taxed by the pper officer of the sd ct. of costs of action. Judgment to be en tered for plaintiff, or defendant. XVIII. I AWARD, &c., that each pty bear his own costs of the Each party action. XIX. I AWARD, &c., that the costs of both pties of the sd action when taxed shl be added togr, & that one moiety thof shl be pd & borne by the pltff & the other moiety by the deft & that if eir pty shl have pd more than his just share, the excess shl be pd to him by the other pty. to pay his own costs of action. Costs of action to be borne equally. to issue for XX. I AWARD, &c., that exon may issue in the sd action for Execution the sd damages & costs forthwith, or, "at any time not sooner damages than the next." day of and costs. All costs of and award to be paid by one party (a). reference Each party own costs to bear his XXI. I AWARD, &c., that the sd A. do pay to the sd B. his costs of & incidental to the referce, & the costs of the award, & that the sd A. do bear his own costs of the same. XXII. I AWARD, &c., that each of the sd pties shl bear his own costs of the referce, & pay one-half of the costs of the award: AND that if eir pty shl in the first instce pay more than such half, the excess shl be pd to him by the other pty. XXIII. I AWARD, &c., that one moiety of the costs of the costs of referce & award shl be borne & pd by the sd A., & the other moiety by the sd B., & that if eir pty shl in the first instce, of reference &c., as in last clause. of reference and half award. Half costs and award to be paid by each party. Taxation or assessment XXIV. I DIRECT the costs of the pltff of the sd referce & of this my award to be taxed as betn solor & client by A., of, &c., or, "one of the taxg-masters of the Divon of the High Ct of Justice," or, "I ASSESS the amt of the costs of the pltff of the of costs. sd referce at £- -, & of this my award at £- -." (a) As to awarding costs, see Harland v. Mayor of Newcastle, L. R. 5 Q. B. Awarding 47; Arbitration Act, 1889, Sched. I. (i), ante, p. 151. costs. Recitals. Award. Balance due. PRECEDENTS OF AWARDS I. AWARD by ARBITRATORS or UMPIRE under an Agreement or order of REFERENCE settling a Balance of ACCOUNTS (a). TO ALL TO WHOM THESE PSNTS SHL COME, A., of, &c., & B., of, &c., send greetg; Recite that disputes have arisen: agrmt of referce: or, action & order of referce: [failure of arbitrors to make award & apptmt of umpire] enlargemt of time for makg award, or as the case may be; see above, RECITALS: NOW WE, the sd, arbitrors, [I, the sd, umpire], havg taken upon ourselves [myself] the burthen of the sd referce [umpirage], & havg heard, examined, & considered the allegons of the sd pties, & the witses, documts, & evidce of both the sd pties concerng the premes, do hby make & publish our award [my award & umpirage] in writg of & concerng the premes in mner follg, that is to say: WE [I] FIND & award that the balce due from the sd N. to the sd M. upon the settlemt of the accts betn them wch have been refd to us [me] as afsd is £wch we [I] award & direct to be pd by the sd N. to the sd M. on demand: AND, &c., award as to dismissal or discontinuance & costs of action (if any), & costs of referce & award, & mutual reles; see above clauses. Recitals. Stamp on award. II. AWARD by ARBITRATORS under LANDS CLAUSES CON- TO ALL, &c., WE, A., of, &c., & B., of, &c., send greetg: (a) As to the stamp on an award, see the Stamp Act, 1891, Sched. I., tit. AWARD. the hand of D., secretary to the Rly Co, addressed to E., treat. Notice by his interest vendor of in the lands. of, &c., notice was in psuance of the, special Act, & the Acts Notice to incorpd thwith given by the sd Rly Co, to the sd E., that they the sd Co required to pchase & take for the pposes of the rlys & the works connected thwith authorised by the first-mentd Act, the lands & hds resply specified & descd in the respive schdles thto & coloured on the respive plans accompanying the sd notices, the sd premes comprd in the first of the sd notices being descd in the schdle thto as, &c.; the same as to ppty schdled to 2nd notice: AND that the sd Co were willg to treat for the pchase of the sd respive lands & hds so required as afsd, & of the intt of the sd E. thrin, & as to the compenson to be made to him for the damage that might be sustained by him by reason of the exon of the rlys & works authorised by the first above-mentd Act: AND WHAS the sd E. by an instrumt in writg dated, &c., under his hand, gave notice to the sd Rly Co that he was entled to the sd lands & hds comprd in the sd first notice for an este, &c.: Description of E.'s intt in the premes comprd in the two notices: recite apptmt of arbitror by E., & by Rly Co: apptmt of umpire by arbitrors: extension of time for makg award: apptmt of substituted umpire: see above, RECITALS: AND WHAS in the course of the pcdgs Agreement bfe us it was agrd that the sd E. shd retain for his own fixtures (b) use & remove from the hds comprd in the sd first notice and mathe engine, boiler, machy, & fixtures & fittgs in the nature of trade machy, wch were affixed to the pts of the same hds occupied by him, & that the sd Co shd pay to the sd E. the sum of £- for the expses incurred by him in connon with such removal & for any damage to the sd engine, &c., wch might be occasioned through the removal thof: NOW THESE Testatum. PSNTS WITS that we the sd A. & B. havg taken upon ourselves the chge of the sd referce & havg previously to enterg upon the mres refd to us as afsd made & subscribed the declons hrunto annexed (c), & nominated & appted in writg C., of, &c., to be the umpire to decide upon any of the sd mres on wch we shd differ, & havg duly heard, examined, & considered the allegons, witses, & evidce of both the sd pties concerng the (b) As to trade fixtures, see Gibson v. Hammersmith & City Rail. Co., Dr. & S. 603. (c) See 8 & 9 Vict. c. 18, s. 33. as to trade chinery. |