fies and difputes have lately arifen between A. B. of, &c. of the one part, and C. E. of, &c. of the other part, touching and concerning, &c. And whereas for the putting an end to the faid differences and difputes, they the faid A. B. and C. E. by their feveral bonds or obligations, bearing date, &c. are reciprocally bound each to the other, in the penal fum of, &c. to ftand to, abide, perform and keep the award, order and final determination of us the faid E. G. and G. H. arbitrators indifferently chofen between the faid parties, to arbitrate, &c. (as in the bond) fo as the faid award be made in writing under our hands and feals, and ready to be delivered to the parties in difference, on or be fore, &c. next, as by the faid in part recited bonds or obligations, with the conditions thereunder written, may appear: Now know ye, That we the faid arbitrators, whofe names are hereunto fubfcribed, and feals affixed, taking upon us the burden of the faid award, and having fully examined and duly confidered the proofs and allegations of both the faid parties, do, for the fettling amity and friendship be tween them, make and publish this our award, by and be tween the faid parties, in manner following: that is to fay, First, We do award and order that all actions, fuits, quarrels and controverfies whatfoever, had, moved, arifen or depending between the faid parties in law or equity, for any manner of cause whatsoever, touching the faid premises, to the day of the date hereof, fhall ceafe, and be no further profecuted; and that each of the faid parties fhall bear and pay his own cofts and charges, in any wife relating to or concerning, the faid premifes. And we do alfo award and order, that the faid A. B. shall pay, or cause to be paid to the faid C. E. the fum of, &c. within the fpace of, &c. And further we do hereby award and order, that the faid C. E. fhall, on or before, &c. pay, or caufe to be paid to the faid A. B. the fum of, &c. or give fufficient fecurity for the fame, to the said A. B. And lastly, We do award and order, that the faid A.B. and C.E. on the receipt of the feveral fums of, &c. fhall in due form of law execute each to the other of them, or to the other's ufe, general releases, fufficient in the law for the releafing by each to the other of them, his heirs, executors and administrators, of all actions, fuits, arrefts, quarrels, controverfies and demands, whatfoever, touching or concerning the premises aforefaid, or any matter or thing

thereunto relating, from the beginning of the world to the day of the date of, &c. (here mention the date of the arbitration bonds) last past. In witness whereof, we have hereunto fet our hands and feals the, &c. in the year, &c.

An Umpirage for want of a Determination by Ar bitrators chofen.

O all, &c. I, J. K. of, &c. fend greeting.

Whereas

there are several accounts depending, &c. (Here go on as in the former awards until you come to) to ftand to, &c. and G. A. of, &c. arbitrators indifferently chofen between the faid parties to arbitrate, &c. (as in the conditions of the bonds) fo as the faid award was made in writing, under the hands and feals of the faid arbitrators, and ready to be delivered to the parties in difference, on or before, &c. last past. And if the faid arbitrators did not draw up the faid award in writing, and deliver the fame, as aforefaid on or before the faid, &c. then the faid parties were to ftand to, abide, obferve, per-form and keep the award, umpirage, final end and judgment of me the faid J. K. umpire indifferently chofen between the faid parties, for the compofing and ending the differences aforefaid; fo as my faid award, umpirage and determinationbe made in writing, under my hand and feal, and ready to be delivered to the faid parties, on or before, &c. as by the faid in part recited bonds or obligations, with the conditions there underwritten, may appear: And whereas the faid E. F. and G. H. did not make up their faid award between the faid parties, within the time limited by the faid in part recited bonds or obligations, as aforefaid; whereby and on which account, the compaffing, ending and determining of the faid differences and matter in difpute, now depends wholly upon me: Now know ye, That I the faid J. K. having taken upon me the business and charge of the faid award and umpi rage, and being willing to fet the faid parties at peace and concord, by making a final end of the controverfies between them; and having deliberately and at large, heard, examin ed; and duly confidered the grievances, allegations, titles, vouchers and evidences of both the faid parties, in relation to the faid premifes in difpute, do make, publish, declare, and deliver this my award or umpirage, in manner following:

that is to fay, First, I arbitrate, award, judge, order and determine that, &c. (Here infert the feveral particulars of the award.) In witness, Sc.

An Award or Umpirage by a single Perfon elected to arbitrate.

O all, &c. I, E. F. of, &c. fend greeting.

Whereas,

T (Here go on as in the award made by two arbitrators

until you come to) to stand to, &c. the award, order and final determination of me the faid E. F. indifferently elected and chofen between the faid parties to arbitrate, &c. (as in the conditions of the bonds) fo as my faid award, or umpirage be made in writing, under my hand and seal, and ready to be delivered to the faid parties, on or before, &c. as in and by the faid in part recited bonds or obligations, and the conditions thereof, may appear: Now know ye, that I the faid E. F. (Here go on as in the last precedent.) In witness, &c.

By a late law of the Commonwealth of Massachusetts it is provided, That when any perfons who may have a difpute of what nature foever, fhall agree to have the fame determined by Referees by them mutually chofen for the purpose— they may, upon application to a Juftice of the Peace, enter into an agreement for fubmiffion of the fame to fuch Referees in the form following, viz.

Forms for submitting a Demand to Reference.

1. Demand.

To S. T. one of the Juftices of the Peace within and for the County of C.

A. B. of, &c. exhibits the following demand against C.

D. of, &c. viz. [Here infert what the demand is, and let it be figned by the party making the fame.]

2. Submiffion.

Town of in the County of

NOW all men, that A. B. of

K of

A. B.

and C. D.

have agreed to fubmit the demand made by

the faid A. B. against the faid C. D. which is hereunto annexed, (and as other demands of each party against the

other, if the parties agree) to the determination of E. F. G. H. and I. K. the report of whom, or the major part of whom being made as foon as may be, to any court of Common Pleas to be holden in and for the faid county of

judgment thereon to be final: And if either of the parties fhall neglect to appear before the referees after proper notice being given them of the time and place appointed by the ref erees, for hearing the parties in this action, the referees fhall have power to proceed ex parte.

Which agreement being fubfcribed by the parties, their lawful agent or attorney, thall be acknowledged before fuch justice as follows, viz.

S. ff. 18 Then the above named A. B. and C. D. perfonally appeared and acknowledged the above inftrument, by them fubfcribed, to be their free act.

Before me, S. T. Juftice of the Peace.

And the report of the referees thereon fhall be binding upon the parties as though fuch agreement was made, and referees appointed by rule of court. And if the parties agree, it may be made known to them by the referees prior to its being made to the court of Comman Pleas as aforefaid, without its affecting in any degree the validity thereof; and the party found indebted may discharge himself therefrom, and thereby prevent any procefs thereon, by paying the fame and having the receipt of the party to whom it fhall be awarded on the back thereof; in which cafe, the determination and papers accompanying the fame are to be returned to the court, to be recorded by the clerk in the fame manner as though payment had not been made as abovementioned.

It may not be amifs to mention in this place another law of the faid Commonwealth of Maffachusetts, by which juftices of the peace are empowered to take recognizances for the payment of debts of any perfon (by law capable of binding himself) who fhall come before him for that purpose, according to the form following, viz.

KNOW all men, that I, C. D. of
do owe unto E. F. the fum of

money of Maffachusetts, to be paid to the faid E. F. on the 18; and if I fhall fail of the payment

day of

of the debt aforefaid, by the time aforefaid, I will and grant that the faid debt shall be levied of my goods and chattels lands and tenements, and in want thereof, of my body.

Acknowledged the day and year laft abovesaid.
Before A. B. Juftice of the Peace.

Which recognizances are to be fairly recorded by the juftice in a book by him provided, and delivered to the connufee or perfon to whom the remedy or executive process thereon fhall by law accrue. recognizances are as good and effectual as a judgment of court, and an action of debt will lie thereon; or if payment be not made within the time. therein expreffed, the juftice may at any time within three years the from, upon the connufee's producing the original recognizance uncancelled, iffue execution against the con nuforfor what fhall appear to be due thereon.

OF BARGAIN AND SALE.

ARGAIN and fale, is a deed or inftrument, whereby the property of lands and tenements is, for valuable. confideration, granted and transferred from one perfon to a nother. It paffes the freehold, &c. without livery and seizin,. but then it must be enrolled within fix months after the date. thereof. If the bargain and fale be for money, it cannot be to one man to the use of another, but to the bargainer only. And a bargain and fale by a man who is not in poffeffion nor receives the rents, although in confideration of money, will. not be good without livery. Sum. Laws Eng.

Though a deed of conveyance exprefs a confideration of money upon a purchase, it is no proof that the money expreffed was really paid; but proof of it must be actually made by witneffes. Styl. Rep. 462. 2 Will. Rep. 295. S. P.