No. CXXV. Agreement to refer Disputes to Arbitration. Obs. This requires an agreement stamp, if under hand only. Where several persons enter into an agreement to refer a matter to arbitration, such agreement and the award require each but one stamp. Goodson v. Forbes, 6 Taunt. 171; S. C. 1 Marsh. 525. No. CXXV. Agreement to refer Disputes. Whas dis- Recital of dis arbitration. Articles of (a) Agreement &c. see ante, No. XLVI. Betn A. B. of &c. of the one pt and C. D. of &c. of the or. pt putes have arisen betn the sd pties hto touching the several putes. rights titles claims and demands as well of in and to a certain messe or tent situated &c. as of in and to a certain pew made by the sd A. B. and situated &c. Now Therefore for the final ending Agreement to all such questions and disputes it is hereby covtd by and betn reler disputes to the sd pties (b) that the rights titles claims and demands of the sd A. B. of in to and out of the same preses or any pt thof shall be and are hby referred to the arbitration and final determination of (arbitrators) And the award of the sd (A.) if made in Delivery of writing under their hands (c) and seals ready (c) to be delivered on or before the ing and conclusive on all the pties And that for the better en- Reference to be forcing the performance and observance of such award the reference shall be made a (d) rule of her Maj. Ct. of Q. B. at Westr And furr That the sd pties hto and each and every of Parties to prothem shall and will produce unto and deposit with the said (A.) all deeds evidences and writings relative to the preses in question in their respive posson or power And that each of them shall Parties witand will submit to be examined (e) upon oath and will as far examined on as in them lies resply do all such or. acts and things as the (c) day of now next shall be bind (a) As to the effect of an agreement to refer, see ante, Pref. sect. 3. (b) If it be agreed that the authority of the arbitrators shall not be revoked by the death of either party, then say, " for themselves severally and respively and their several and respive hrs exs ads and ass." As to the revocation of the submission, where it is made a rule of court, see Pref. sect. 8. (c) As to the form of the award, see ante, Pref. sect. 14, and delivery, sect. 14, and the time of delivery, sect. 7. (d) See ante, sect. 1. (e) As to the examination and attendance of witnesses, see sect. 6. award. made a rule of court. duce deeds, &c. nesses to be oath. No. CXXV. Agreement to refer Disputes. Umpire to be chosen. tion of arbi trators. sd (A.) shall require for the better enabling them to make the sd award And furr That in case the sd (A.) shall not agree upon the sd award or determination that it shall be lful (a) for the sd (4.) and they are hby expssly empowered by writing under their respive hands to appt another indifferent person to be umpire in or to concur and join with them in considering and Costs at discre- determining all or any of the preses hby referred to them And furr That all (b) costs and chas attending the sd arbitration shall be in the discretion of the sd (A.) and shall be paid and satisfied pursuant to their award And that neither of the sd pties shall (c) action or suit. bring any action or suit agst the or. of them in relation to the preses or agst the sd (A.) or umpire And lastly that each of the sd pties doth hby bind himself unto the or. of them in the penal sum of £ for the true and faithful observance and performance of his respive pt of the sd award and umpirage and of all and evy order and diron thin contd. In witness &c. see ante, No. XLVI. Neither party to bring any No. CXXVI. Submission by Indenture. ment to refer. No. CXXVI. Submission by Indenture. This Indre made &c. see ante, No. LXXXV. Betn E. G. of &c. and J. A. of &c. exrs of the last will and testament of P. M. late of &c. deed of the first pt R. G. one of the grandchildren of the sd P. M. decd by his daur M. late the wife of the sd E. G. now also decd of the second pt R. B. husband of L. B. granddaughter of the sd P. M. decd of the third pt Whas differences and disputes have arisen and are still depending betn the sd E. G. the elder and J. A. as exs afd and the sd R. G. and also betn the sd exs and the sd R. B. in right of his wife L. B. touching And in order to put Recital of agree the este and effects of the sd P. M. decd an end to the sd differences and disputes amicable adjustment thof] the sd pties have and each of them (a) See sect. 11. [and to obtain an (b) Or, if it be so agreed, "all costs and chas attending the sd arbitration shall be equally borne and discharged by the sd parties to these prests," see sect. 10. (c) See sect. 3. hath agrd to refer the same to the award of I. W. of &c. N. A. No. CXXVI. No. CXXVII. Arbitration Bond. No. CXXVII. Bond. Obs. An arbitration bond requires a stamp of 17. 15s. and a further Stamp duty. progressive duty of 1l. 5s. for every 1080 words above the first 1080; but where on the fly leaf of an arbitration bond was an indorsement bearing date after the time limited by the bond for making the award, and stating that the parties within-named had met that day by consent on the award, this was held to be a new agreement to refer, and was not admissible in evidence without a stamp, Stephens v. Lowe, 9 Bing. 32; S. C. 2 M. & Sc. 44. An agreement stamp is, however, (a) As to the extent of the submission, see sect. 5. No. CXXVII. not necessary to an arbitration bond, containing, besides the usual Bond. Recital of agree ment to refer disputes to the arbitration of arbitrators, or umpire. Condition. covenants, an agreement as to the payment of costs, Wansborough v. Dyer, 2 Chitt. 40. Know all Men That I, A. B. of &c. am held and firmly bound to C. D. of &c. in the sum of £ of &c. or to his certain atty exs ads or ass for which paymt to be well and faithfully made I bind myself my hrs exs and ads firmly by these prests Sealed with my seal Dated the yr of the reign of our Sovereign Lady our Lord day of in the and in the yr of Whas differences have arisen and are depending betn the above bounden A. B. and the above-named C. D. concerning the occupation management and cultivation by the sd C. D. of a certain farm situate at in the co. of the property of the sd A. B. lately held by the sd C. D. as tenant to the sd A. B. and also concerning the paymt of the several sums of money pd laid out and expended by the sd A. B. for ploughing harrowing and manuring &c. previous to the sd C. D. entering upon the same as tenant and likewise concerning the rent paye in respect of the sd farm from the sd C. D. and all which differences and demands concerning the same the sd pties have agrd to refer to the award judgment and determination of (arbitrators) arbitrators indifferently chosen by and between the sd pties to award arbitrate and determine concerning the same and in case the sd arbitrators cannot determine the same within the time hereunder limited then to the umpirage of a third person to be by the sd (A.) chosen as umpire Now therefore the condition of the above-written bond or obligation is such that if the above-bounden A. B. his hrs exs and ads and evy of them do and shall on his and their pt and behalf in and by all things well and truly stand to observe perform fulfil and keep the award arbitration final end and determination of (A.) arbitrators indifferently chosen to arbitrate award adjudge and determine upon and concerning the occupancy and management of the sd farm and the sum laid out by the sd A. B. in the cultivation of the same and the rent paye in respect of the same and also touching and concerning all and all manner of actions causes of action suits [bills bonds specialties covts contracts promises accts reckonings judgments exons extents quarrels controversies trespasses] dams and demands whatsr Bond. both at law and in equity had moved brought commenced sued No. CXXVII. prosecuted done suffered or committed by or betn the sd pties so as the award of the sd (A.) or any two of them be made in writing under their hands and seals ready to be delivered to the sd pties in difference on or before the day of And if the sd (A.) shall not make such their award of aud concerning the preses within the time limited as afd Then if the sd A. B. his hrs exs and ads and evy of them on his and their pt and behalf do and shall well and truly stand to &c. the umpirage of the sd (umpire) being a person indifferently named and chosen by the sd pties as umpire in and concerning the preses so as the sd (U.) doth make and set down his award and umpirage &c. in writing under his hand and seal ready to be delivered to the sd pties in difference on or before the day of (a) Then this obligon to be void or else to remain in full force and virtue. No. CXXVIII. Rule of Reference at Nisi Prius when a Juror is withdrawn. London to wit. At the sitting of Nisi Prius, held at Guildhall, in and for the city of London, on &c., and in the year of the reign of our sovereign &c., before the Right Hon. Chief Justice of our Lady the Queen, assigned to hold the Pleas before himself. B. v. S.-It is ordered by the court, by and with the consent of the plaintiff and defendant, their counsel and attornies, that the last juryman sworn and impannelled in this cause be withdrawn out of the panel, and that all matters in difference between the said parties be referred to the award, order, arbitrament, final end and determination of F. C., of the Inner Temple, Esq., so as he shall make and publish his award in writing, of No. CXXVIII. and (a) Here may be added, if necessary," And the sd A. B. doth also consent agree &c. (witnesses to be examined on oath &c. as in the last precedent) And also that the costs &c. shall be in the discretion of the referees &c. And furr (submission to be made a rule of court &c.)" |