A NEW EDITION, BEING THE SIXTH, REVISED AND CORRECTED;

ORIGINAL PRECEDENTS, NOTES, REFERENCES, &c.

BY JOHN JOSEPH POWELL,

OF THE MIDDLE TEMPLE, ESQ. BARRISTER AT LAW,

PRINTED FOR MESSRS. E. LYNCH, G. BURNET, P. WOGAN,
J. EXSHAW, P. BYRNE, A. GRUEBER, W. SLEATER,
W. M'KENZIE, J. MOORE, J. JONES, W. JONES,

J. RICE, H. WATTS, AND P. MOORE.

MDCCXCII.

Award by two arbitrators.

Dn Awards,

Precedents of Awards,

Page 1

9, 10

Purfuant to a claufe in articles of agreement for repairing a houfe, whereby all differ-
ences were agreed to be determined by arbitration.

To end differences brought into chancery, and fubmitted to arbitration by agreement,

which agreement on motion was made an order of court.-

12

Made by order of chancery to be confirmed by a decrce.

Upon a rule of reference made at the trial of a caufe.

14

By an umpire who was nominated in the bond of arbitration.

15

ib.

The nomination of an umpire by two arbitrators, who would not conclude the differ-

ences to them referred.

Of an umpire chofen by the arbitrators.

*Further obfervations on the nature of the eftate transferred by this fpecies of con-

veyance, and its properties and qualities, with reference to the bargainee and

others.

34

SECT.

X.

Of the expofition of a bargain and fale.

39

SECT

SECT. XI.

*Of pleading deeds of bargain and fale

Precedents of Bargains and Sales.

First, of Land.

An indenture of bargain and fale, with good covenants.

By the mother who hath a freehold therein for her life, &c.

Page 39

42

46

To make a tenant in order to fuffer a common recovery with double voucher, for the

ufe of the creditors of a bankrupt.

To make a tenant to the precipe in order to the fuffering a common recovery.

48

A deed inrolled for fuffering a recovery to make good a defect in the title on account

of the trustees not joining.

A deed to fuffer a recovery in the county palatine of Chefler.

A bargain and fale of an advowfon.

52

53

54

Of a rectory, &c. for the confideration in a release of the premiffes of equal date (de-

claring the ufes of a fine mentioned in the releafe) to the bargainee in fee. To be

inrolled in chancery.

55

Of meffuages, Sc. in confideration of money paid into chancery, and other confide-
rations in a release of equal date, to a purchafer and his trustee, with covenants to
levy a fine, declaring the ufes thereof to the bargainee in fee, in truft for the pur-
chafer only. To be inrolled in chancery.

ib.

An abfolute conveyance from a Roman Catholick, (by bargain and fale inrolled, and

fine) and by their trustees for fecuring to a mortgagee 300l. and intereft. 56

A bill of fale of rent-charge, payable out of a manor, &c. by a mother to her fon,

who is intitled to the manor to prevent a merger.

59

A bargain and fale (to be inrolled) of an undivided fourth of a plantation in
Nevis warranted in tail, also an affignment of a fourth part of negroes and stock,
Sc.

Of timber, &c. to trustees for payment of feveral mortgages.

Bargain and fale where the premiffes are in mortgage.

бо

62

65

* A bargain and fale for making a partition between feveral tenants in common pur

fuant to a decree.

Of goods and chattels,

Secondly, Bills of Sale.

Of goods conditional in nature of a mortgage.

66

71

72

Of houfhold goods in a schedule, for the confideration expreffed in a release of the

inheritance of the premiffes where the goods remain.