the said plaintiff, which had been formerly allowed to them by the defen- Vol.III. Ch XV. dant under a mistake, I do award and direct, that the damages found by the said verdict, be altered and reduced to the sum of £122 14s. 9d. a Bond of IndemAnd I do further award, order, and direct, that upon payment of the said nity be executed,. &c. (1) sum of £122 14s. 9d., together with the costs which will be consequential to this my award, the said plaintiff shall and do deliver up to the said defendant a certain receipt, for the sum ten shillings, paid for the use of Greenwich Hospital, signed G. P., and dated the first day of December one thousand eight hundred and eight, and a certain acknowledgment of the receipt of the three receipts, and one certificate signed R. M., and dated the twenty-fifth November one thousand eight hundred and eight, and also shall and do, at the request, costs, and charges of the said defendant, seal and deliver to the said defendant a bond, in the penal sum of £200, conditioned to indemnify and save harmless the said defendant from and against all demands that may be made upon him for wages of service by any of the mariners or persons serving on board the said ship, in the three several voyages made by her under the command of the said plaintiff, except as to the sum of £5 remaining due for service on the last of the said three voyages, or some part thereof, to a boy named Y. Z., and which sum of £5 is to be paid by the said defendant. In witness, &c.

I do award and adjudge, that there was and now is justly due and owing, by the said defendant to the said plaintiffs, the sum of £133 10s. 11d. And I do award, order, and direct, that the damages given by the said verdict be altered and reduced to the said sum of £133 10s. 11d. And I do declare, that in estimating the said sum of £133 10s. 11d., I have allowed to the defendant the sum of £19 18s. 6d. for expences, on account of the business of the said plaintiffs, by him paid to his agents in Scotland, and the further sum of £21 0s. 10d. for like expences in Ireland, and no other sums on account of expences in either of those countries; and that in case the said defendant shall hereafter pay to his agents in either of those countries any sum or sums of money in respect of business done for the account of the said plaintiffs, this my award is not to prejudice or prevent his claiming and recovering such sums from the said plaintiffs. And I do further declare, that in estimating the said sum of £133 10s. 11d., I have not charged the said defendant with any money received on account of the said plaintiffs by his agents in Scotland after the sixth day of September in the year one thousand eight hundred and eight, nor in Ireland after the twenty-fifth day of July last. And I do further award, order, and direct, that each of the said parties shall bear and pay his and their own costs of this reference; and that the costs of this my award be in the first place paid by the said plaintiffs, and that the said defendant shall bear and repay to them one moiety thereof, In witness, &c.

I do award and adjudge the amount of the damages sustained by the plaintiff to be £100, and the amount of the defendant's bill for the repairs of the said ship Niagara to be £2,500, and I do award and direct that the said verdict be entered, and do finally stand for the said sum of

Vol. III.Ch. XV. £100 damages and 40s. costs; and that the amount of the said damages and costs be set off against the said sum of £2,500, and that the balance be paid by the said plaintiff to the said defendant on, &c., at, &c.

be allowed to set to him, and that he pay the ba lance. (2) Award that a

off the Sum due

Partnership be dissolved; that one Party receive all the Debts, &c., to

his own use, may make use of the

Name of the other Party in

order to recover

such Debts, pay all Demands upon the said Copartnership, indemnifying

First I do award, order, and adjudge, that the said partnership shall be deemed and taken to have ended and been determined on and from the first day of November, which was in the year of our Lord one thousand eight hundred and two; secondly, I do award, order, and direct that the said A. B., his executors or administrators, shall and may demand, have, and receive, to his or their own use, without the interference of the said C. D., all debts due and owing to the said co-partnership from any person whatsoever, and shall and may use the name of the said C. D. in any action or suit to be commenced for the recovery of any such debt or demand; thirdly, I do award, order, and direct, that the said A. B., his executors or administrators, shall and do bear, pay, and discharge all debts, demands, damages, and claims whatsoever due or owing by, or which any person hath or can make against the said co-partnership or the said C. D. in respect thereof, and shall and do indemnify and keep harmless the said against any Loss C. D. from and against all such debts, demands, damages, and claims, and from and against any loss or damage that may be incurrred or sustained by the said C. D., by reason of his name being used in any such action or suit so to be commenced as aforesaid, in pursuance of the authority hereby given to the said A. B., his executors and administrators; fourthly, I do award, order, and direct that the said C. D. shall and do, at any time or times, upon the request of the said A. B., his executors or administrators, deliver up to the said A. B., his executors or administrators, all and every the books, papers, and writings which may be in the custody, power, or possession of him the said C. D., in anywise relating to or concerning the business or the said co-partnership, (then that A. B. pay, &c., on &c., at &c. and C. D. accept and receive, &c. in full satifaction of all demands against the said A. B.)

the other Party

from making

Use of his

Name; that the

other Party deliver up all Books, Papers, &c. concerning the Copartnership. (1.)

Award that the

Plaintiff had no Ground of Action against the Defendant, that the Verdict be altered accordingly. (2)

Award that

Plaintiff has

no Claim upon Defendant as assignees under a certain Com

mission of Bank

ruptcy, that

Plaintiff never had any Right

I do award, order, and adjudge that the said plaintiff had no ground of action against the said defendant for and upon the several matters of complaint, contained in the said declaration of the said plaintiff in the said cause, or for or upon the several matters to me referred; and I do award, order, and direct, that instead of the said verdict and da mages so found for the said plaintiff, a verdict shall be entered for the said defendant.

That the said A. B. hath no claim or demand whatsoever upon the said C. D. and E. F., as assignees as aforesaid, or either of them, for or in respect of a certain ship or vessel called the Apollo, or for or in respect of any monies lent or advanced to the said G. H. the said bankrupt, or paid, laid out, or expended upon the credit of the said ship or vessel, and that the said A. B. hath not nor at any time whatsoever had any interest, right, title, claim, or demand whatsoever in, to, or in respect of the said ship or vessel: And I do award, order, and direct, that the said A. B. shall,

Demand upon a

upon demand, deliver up to the said C. D. and E. F., assignees as afore- Vol.III.Ch.XV. said, all and every papers and documents in anywise relating to or otherwise concerning the title of the said ship or vessel, now in the possession, or Title to or custody, or power of the said A. B., or of any person, for or on account of him the said A. B.: And I do further award, order, and direct, that the that he gave up certain Ship, and said C. D. and E. F., as assignees as aforesaid, shall and do suffer and per- all Documents mit the said A. B. to prove the sum of £500 and no more, under the com- in his Possession mission of bankruptcy against the said G. H. as a debt due and owing relating to her; from him the said G. H. before his bankruptcy to the said A. B, and as the balance of mutual credit between them the said A. B. and the said G. H.

In the king's bench, J. K. of maketh oath and saith, that he, this defendant, did see E. F. of. sign, seal, publish, and declare his award and arbitrament in writing, between A. B. of and C. D. ofbearing date the day of 18: And this deponent further saith, that the name E. F., set and subscribed to the said award as the party executing the same, is of the proper hand-writing of the said E. F. ; F.; and that the names J. K. and L. M., set and subscribed thereto as wit. nesses attesting the execution of the said award, are of the respective hand-writing of this deponent and the said L. M.

J. K.

that the Defendants permit the Plaintiff to prove a certain Sum under the

Commission. (1)

Affidavit of the due Execution of Award. (2)

tration Bond

Special.

In the king's bench. C. M. of maketh oath and saith, that several accounts, controver- Affidavit to hold sies, and disputes having arisen and being subsisting between A. B. and to bail on ArbiC. D. & E. F., as taking burthen upon themselves and becoming responsible for G. H. on the one part, and this deponent and J. K. on the other part, respecting certain sums of money for bounty money and subsistence claimed to be due from the said G. H. to this deponent and the said J. K., the said parties for putting an end to the said differences and disputes did, by a certain instrument or submission, bearing date the, &c., agree jointly and severally, for settling and determining the said controversies, to submit and refer all accounts, demands, and claims they might have jointly and severally respecting the said bounty money and subsistence, to the award and decision of L. and M., chosen arbitrators by them the said parties, and did mutually promise, bind, and oblige themselves respectively, their heirs, executors, and assigns, to execute and perform such decision and award as the said arbitrators should make and pronounce on the premises, and in the penalty of £500, which sum of £500 should be paid and belong to such of the other party as would agree and consent to fulfil such decisions and award so given: And this deponent further saith, that the said arbitrators, having taken upon themselves the burthen of such arbitration afterwards, to wit on, &c. made and published their award in writing on the premises under their hands and seals, bearing date the day and year last aforesaid, and did thereby (amongst other things) award that the said A. B., C. D., and E. F., as having taken burthen upon themselves, and become responsible for the said G. H., should jointly or severally pay or cause to be paid on or before to this deponent the sum of £: And this deponent further saith, that the said A. B., C. D., and E. F. did not, nor did any or either of them,

Vol.III. Ch.XV. on or before the said

or at any time afterwards, pay the said sum of -- or any part thereof to this deponent, but the same and every part thereof is still wholly due and unpaid to him, this deponent, and by means of the said several premises, the said A. B., C. D., and E. F., are truly and justly indebted to this deponent in the said sum of £—, upon and by virtue of the said instrument or submission and award: And this deponent further saith, that no offer has been made to pay him the said sum of £ or any part thereof, in notes of the governor and company of the bank of England, expressed to be payable on demand. Sworn, &c.

CHAP. XVI.

Of Set Off and Mutual Credit.

[No Forms are given under this Chapter.]

CHAP. XVII.

Of the Forms of Defences, &c.

Ante, as to these, vol. 3. 680. The Forms of Pleas and Proceedings relative to Defences have already been published, and therefore are not here given.

CHAP. XVIII.

Of Insolvency Forms, Letters of Licence, Deeds of Inspection,
Arrangement, and Composition, &c.

Vol III.

Chap. XVIII.

Letter of Li. cence from one Person only (or from several), and Covenant

a

not to sue the
Debtor within
specified Time,
that if he does
the Lett
Licence may

with Proviso,

To all, &c. Ì, A. B. of, &c. send greeting. Whereas C. D. of, &c. is and stands indebted unto me the said A. B. in a large sum of money, which by reason of losses he is not at present able to pay. Now therefore know ye that I the said A. B. have given and granted, and by these presents, &c. do give and grant to the said C. D. full, free, and safe licence, and liberty to come and go, pass and repass from place to place, where and as his business and occasion shall serve and require, from the day of the date of these presents for the term of- years, and fully to he complete and ended, without being sued, molested, charged, or troubled in his person or otherwise, for or concerning any debt, duty, sum or sums of money, or other matter or thing whereby or where with he is or stands indebted and bound to me, or shall or may be charged or chargeable in anywise howsoever. And I the said A. B. do hereby, for myself, my executors, and administrators, covenant, promise, and grant to and with the said C. D., his executors and administrators, that neither I the said be pleaded in A. B. my executors and administrators, nor any other person or persons by, Discharge. (1). with, or through our or any of our order, direction, privity, or consent, shall or will at any time hereafter, during the said term of years, sue, arrest, attach, seize, extend, molest, implead or trouble the said C. D. his heirs, executors, or administrators (2), or his or their bodies, goods, or estates for or concerning any debt, duty, sum or sums of money which he now owes or is indebted to me by himself solely or jointly, with or for any other person or persons by bond, bill, covenant, or otherwise howsoever, or for any other matter, cause, or thing whatsoever, wherewith he or they now is or are or shall or may be charged or chargeable, and that these presents shall or may be pleaded and allowed in any court or courts at law or equity, in discharge to all or any actions, suits, or other proceedings, judgments, and executions which shall or may be brought, commenced, sued, prosecuted, awarded, or recovered against the said C. D., his heirs, executors, or administrators, or his or their goods or estates, by me the said A. R., my heirs, executors, or administrators, or any other person or persons by 'or through my, their, or any of their means, act, privity, order, consent, or procurement, contrary to the true intent and meaning of these presents. In witness, &c.

A. B. (L. s.)

N.B. This form will serve where several creditors execute mutually; the names of all the creditors in the first place, and then afterwards using the word (creditors) instead of A. B., &c.

Proviso that

this Deed may be pleaded in discharge. (2)

tions in another

To all to whom these presents shall come: We whose names and seals are The like by hereunto set and affixed, respective creditors of (the debtor) of, &c. send several Condigreeting. Whereas the said (debtor) is indebted to us the said persons whose names and seals are so hereunto set and affixed as aforesaid, in divers sums of money, which he is at present unable to pay, without making sale

(1) See ante, 3d vol. 688, and see a form Montefiore, 344.

(2) Unless executors of obligor be here named, the clause will not extend to them, ante, 3d vol. 695.

(3) As to effect and necessity of this pro, viso, ante, 3d vol. 694.

(4) See ante, 3d vol. 688. As to necessity and effect of this proviso, see ad vol 694. See a form, Wilde's Sup. ad vol. 180.

Form, with Proshall be for

viso that Debt

feited in case of Suit. (3)