Rule of Reference at Nisi Prius. No. CXXVIII. and concerning the premises in question, on or before the day of Hilary Term now next ensuing. And that the said parties shall and do perform, fulfil and keep such award so to be made by him the said arbitrator as aforesaid. And it is also ordered, by and with such consent as aforesaid, that the costs of the said cause shall abide the event and determination of the said award, and that the costs of the said reference shall be in the discretion of the said arbitrator, who shall direct and award by whom, and to whom, and in what manner the same shall be paid. And it is likewise ordered, by and with such consent as aforesaid, that the plaintiff and defendant respectively are to be examined upon oath, before the said Lord Chief Justice, or some other justice of the same court of our Lady the Queen, before the Queen herself, if thought necessary by the said arbitrator, and do produce before the said arbitrator all books, papers and writings, touching and relating to the matters in difference between the said parties, as the said arbitrator shall think fit, and that the witnesses of the plaintiff and defendant respectively are to be examined upon oath, to be sworn before the said Lord Chief Justice or some other justice of the same court. And it is likewise ordered, by and with such consent as aforesaid, that neither the plaintiff nor the 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 wilfully prevent the said arbitrator from making an award, he shall pay such costs to the other as the said court of our said Lady the Queen before the Queen herself shall think reasonable and just. And, lastly, it is ordered by the like consent as aforesaid, that the said court of our said Lady the Queen, before the Queen herself, may be prayed that this order may be made a rule of the same court. By the Court. No. CXXIX. Rule for making a Submission by Bond a Rule of Court. A. B. v. C. D. In the Common Pleas, Term &c. Upon reading the affidavit of G. H. and another, and the bond or obligation, with the condition thereof thereunder written, bearing date &c. duly executed by C. D of T. Esq. to A. B. of P. Esq.; the tenor and effect of which said bond and obligation is in the words and figures following, that is to say, Know all men &c. (set out the bond and condition verbatim). It is ordered, that the said bond and the condition thereof, and the submission between the parties in the said condition mentioned, be and the same is hereby entered and made a rule of this court, pursuant to the statute in such case made and provided. No. CXXIX. Court. No. CXXX. Order to refer all Matters in Difference in the Cause. On motion of plaintiff's counsel, alleging plaintiff's bill and defendant's answer; and cause being at issue, witnesses had been examined on the part of the plaintiff and publication had passed in the cause, and plaintiff and defendant had since agreed to refer all matters in dispute between them in the cause to the award of and therefore praying that the same may be referred to his award accordingly: on which and on hearing defendant's counsel, who consented thereto, It is ordered, That all matters in difference between plaintiff and defendant in the cause be referred to the award of &c. so as the award be made in writing &c. And in case the said arbitrator shall not be prepared to make his award at the time aforesaid, the parties from time to time to apply for and consent to such enlargement of the time as the said arbitrator shall certify, and the court No. CXXX. Order of Reference. No. CXXX. deem reasonable. And also, that the costs of the suit, and reference, and the award, lie in the discretion of the said arbitrator, and that the parties and all witnesses to be by them produced, if required by the said arbitrator or either party, be examined upon oath, to be sworn before one of the masters of the court, and that plaintiff be at liberty to read before the arbitrator the depositions in the cause, and defendant to be at liberty to examine before the arbitrator the witnesses to such depositions, and that all deeds, books, &c. be produced to the said arbitrator, and that neither party prosecute any action or suit against the arbitrator or each other concerning the premises; and if either party shall by affected delay &c. (see Rule) and that seven days' notice of any appointment to proceed on such reference, to be given to each party and their solicitor, be deemed good notice; and that if either party, being duly summoned, neglect or refuse to attend arbitrator, he be at liberty to proceed without such attendance and make his award ex parte. And either party be at liberty to apply to the court to have said award made an order of the court. No. CXXXI. Order of Chancery. No. CXXXII. Order of Chancery. No. CXXXI. Order that an Agreement be made an Order of the Court of Chancery. Whereas by Articles of Agreement bearing date &c. it is recited and agreed as follows: (setting forth the instrument verbatim). Now upon motion of defendant's counsel, and upon producing said agreement, praying that the same may be made an order of court, It is ordered that said agreement be made an order of court to be observed and performed by all parties thereto according to the tenor and true meaning thereof, Mr. counsel for the plaintiff, consenting thereto. of No. CXXXII. Order to make an Award an Order of the Court of Chancery. Upon motion &c. praying the writing of award, hereafter mentioned, bearing date the day of in the year of our Lord 18 under the respective hands and seals of A. B. and C. D., arbitrators &c. and by them sealed and delivered, being first duly stamped, in the presence of E. F., may be made an order of this Court: and the said writing of award being now produced, the same appears to be in the words and to the tenor following, that is to say; To all to whom &c. (set out the award verbatim) whereupon and upon hearing &c. and an affidavit made by the said &c. his lordship doth order &c. No. CXXXII. No. CXXXIII. Acceptance by the Arbitrators of the Appointment. We the undersigned A. B. and C. D. the referees within named and apptd do hby accept of the apptmt as arbitrators for the purps thin expssd And for the proceeding in the investigation of the matters in dispute between the pties within mentd we appt and fix to meet at the house of in &c. by eleven o'clock in the forenoon. Witness our hands this day A. B. C. D. No. CXXXIII. No. CXXXIV. Appointment of a Third Arbitrator, or Umpire. No. CXXXIV. Obs. The appointment of an umpire made in writing by the arbi- Stamp. trators, requires no stamp, Routledge v. Thornton, 4 Taunt. 704. We A. B. and C. D. the arbitrators within named by this memorandum in writing under our hands made before the entering upon the within mentd arbitration do hby nominate and appt E. F. of &c. (a) the third arbitrator to whom togr with ourselves (a) If the consent of the third person has not been obtained, add, " on condition that he do within days from the date hereof by some writing under his hand consent to act therein accordingly." VOL. I. X No.CXXXIV. the within matters in dispute between the pties within named Appointment of Umpire. shall be referred according to the tenor and effect of the within written rule [bond obligation or indre] As witness &c. see ante, No. CXXXIII. No. CXXXV. No. CXXXV. Another. We the undersigned A. B. and C. D. arbitrators within named having considered of the matter in difference betn the sd pties and having heard what each of them had to offer and allege in his behalf but not having agreed in relation thereto so as to enable us to make an award betn the sd pties do hby in pursuance of the power and direction given to us for that purpose. by the within written instrument nominate and appt E. F. of &c. to be umpire betn the sd pties in determining the matters in dispute as afd As witness &c. see ante, No. CXXXIII. day of in a To all to whom &c. see ante, No. C. Whas by an order of the Lord High Chancellor bearing date the cause then depending in the High Court of Chancery where F. G. I. W. and K. L. were complainants and I. B. G. W. and R. N. were defts it was then ordered by the Lord High Chancellor in Court as betn the pltff F. G. and the defts I. B. and G. W. that all matters in difference betn the sd pties in this cause shd be referred to the award and determination of us (arbitrators) of &c and that we shd make our award therein on or before the first day of Trinity Term then next and in case we shd not agree in opinion that we shd name an umpire who shd make an umpirage on or before the day of then next And whas we the sd (arbitrators) have taken the matters so referred to us into our consideration but cannot agree term |