XXII. On Purchase, Disputes to to refer Arbitration. leasehold tenure; But as the premises are not by express words named in the said contract for sale, the said [vendors] contend that the said leasehold premises do not, nor were intended to constitute any part of the estate so contracted to be sold to the [purchaser] as aforesaid. AND WHEREAS, in Recital of order to put an end to all disputes between the said parties, agreement to touching the said leasehold premises, it has been agreed arbitration, between them that it shall be left to two indifferent persons to determine, upon the statements of the parties, and upon such evidence or information, and by such other ways and means as they shall think proper, whether the aforesaid leasehold premises were originally intended, or ought, under the circumstances of the case, to be included or considered as included in the aforesaid contract, one of which persons is to be chosen by the said [vendors], and the other by the said [purchaser]; And in case such two persons cannot agree or umpirage. in their determination, then the same shall be referred to and determined by such one person as the said two referees shall for that purpose appoint. AND WHEREAS a similar Recital of a dispute has arisen between the said parties respecting a freehold piece or parcel of ground called the Coppice, near other lands. the and containing roods, and perches, it being contended by the said [purchaser] that the same is or ought to be included in the said contract; acres, similar dis pute as to Recital of premises for five hundred lease of other and it hath been in like manner agreed, that it shall be left Recital of agreement, to to the said two persons, or their umpire, to determine leave same to whether the same were originally intended, or ought, under arbitration. the circumstances of the case, to be considered as included in the said contract. AND WHEREAS by an indenture, dated the -day of 17-, and made between [lessor] of the one part, and [lessee] of the other part, For the consideration therein expressed, the said [lessor] demised unto the said [lessee] All that messuage, with the barn and gateroom thereunto adjoining and belonging, situate in the parish of in the said county of then late in the occupation of years; with the appurtenances; To hold the same unto the said [lessee], his executors, administrators and assigns, for and during the term of five hundred years from the date thereof, under the yearly rent of a pepper-corn; And by mesne asby mesne assignments and other acts, good and available in vested in testhe law, the said messuage, with the barn and gate-room tator. thereunto adjoining and belonging, became vested in the said signments Purchase, to refer Disputes to the day of XXII. On [testator], deceased. AND WHEREAS by an indenture dated -, and made between the Dean and Chapter of the Cathedral Church of -—of the one part; Arbitration. and [lessee], of the other part; The said Dean and Chapter, for the consideration therein mentioned, demised unto the premises from said [lessee] All that barn, and all those several lands and tenements, with the appurtenances, called Evergreen, situate in the parish of -, in the county of Recital of lease of other a Dean and Chapter, by mesne as vested in tes signments tator. Recital that premises comprised in two last-recited leases are part of the premises con tracted to be purchased as freehold. by estimation containing acres, that is to say; All those two pieces of meadow ground, with a barn standing in one of them, lying between a meadow belonging to the manor of on the north part, a meadow formerly of deceased, on the north-west part, and a close of arable land, part of those lands called Evergreen, on the south-west part, containing by estimation acres; two closes of arable land, with a lane, there called Evergreen Lane, having park on the east, and one of the aforesaid two inclosures of meadow ground on the north part, and one of the last-mentioned two closes of arable on the east part, containing by estimation acres; To hold the same unto the said [lessee], her executors, administrators, and assigns, from the 29th day of September then last past, for the term of twenty-one years, Under the yearly rent, and subject to the covenants therein contained, and on the part of the lessee to be paid and performed. AND WHEREAS by mesne assurances and other acts in the law, the barn, lands, and premises comprised in the lastly herein before-recited indenture of lease, became vested in the [testator], deceased, for the residue of the said term of twenty-one years. AND WHEREAS the premises hereinbefore mentioned to be comprised in the above-recited indentures of the the day of and day of - , and the terms of five hundred years, and twenty-one years, thereby respectively created, are admitted by the said [vendors] to form a part of the estate and hereditaments so contracted to be sold to the said [purchaser], as aforesaid; But inasmuch as the hereditaments so contracted to be purchased by the said [purchaser] were considered by him and the said [vendors] to be of a freehold tenure in fee-simple; and the amount of the consideration money to be paid by the said [ purchaser], for the purchase of the same, having been calculated upon the supposition that the whole of the said estate and hereditaments were pre Purchase, to refer Arbitration. to be conveyed to him in fee-simple, it has been agreed XXII. On between the said parties hereto that the said [purchaser] shall be entitled to retain, by way of compensation out of his said Disputes to purchase-money, the difference in value in respect to the mises comprised in the above-recited indentures of lease of Recital of agreement, to the day of —, 18—, and - day of -, allow compen18-; and also in respect to the premises comprised in the said sation on acindenture of lease of the count of dif tween lease pirage. of arbitrators. day of 18-, in case ference beit should be ultimately determined that the same ought to be hold and freeconsidered as included in the said contract for sale as afore- hold tenure, and to leave said, between the leasehold tenure, by which the same pre- same to arbimises are respectively holden, and the inheritance in fee- tration or umsimple of the same premises respectively; and that the amount of such difference in value shall be fixed and determined in manner hereinafter appearing. NOW Testatum. THESE PRESENTS WITNESS, that, in consideration of the premises, IT IS HEREBY AGREED AND DECLARED between and by the said parties hereto, in manner following, that is to say; THAT the said [arbitrators] shall be Appointment arbitrators for determining the several matters and things in these presents referred to them, and that they shall determine the same respectively as soon as conveniently may be after the execution of these presents (a); AND THAT in In case of difcase they shall not agree to determine any matter or thing, ference, arbihereby referred to them, the matter or thing, of which they shall not agree, shall be referred to and determined by such one person as they the said [arbitrators] shall for that purpose appoint; and such appointment of umpire to be from time to time made as soon as conveniently may be after such difference of opinion shall from time to time arise: THAT the Land relinvalue of the lands mentioned in the schedule hereunder quished, to be calculated at written, being part of Acre Farm aforesaid, calculating such years' purchase, by value at years' purchase, at the improved yearly rent arbitrators or thereof, shall be forthwith, as soon as may be, ascertained umpire. and determined by the said [arbitrators]; or, in case they (a) The questions of the powers and duties of arbitrators and umpires, and of the proceedings before them, and of the time for making an award, and mode in which it should be made, will be fully examined in Vol. II., tit. " ARBITRATIONS," where precedents of submissions, awards, and other documents relating to arbitrations will be found. B.-VOL. I. K K trators to ap point umpire. XXII. on to refer Disputes to Arbitration. nual rent to be ascertained, and the value allowed pur chaser. differ, by their umpire, to be chosen as aforesaid: THAT for the purpose of making such valuation, the said referees shall previously fix and determine, by such ways and means, and upon such information, as they or he shall think fit, the best Improved an- and most improved yearly rent at which the said lands mentioned in the said schedule ought to be, or to have been, or might have been, let at the date of these presents; and the calculation of such value shall be made upon such improved rent: THAT the value so to be fixed and ascertained by the said referees, or their umpire, shall be allowed to and retained by the said [purchaser] by and out of his said purchasemoney, or sum of £AND THAT the said [purchaser], his heirs and assigns, shall be entitled to the yearly rent of [apportioned rent], as the apportioned part of the aforesaid yearly rent of [whole rent], to be payable in respect to so much and such part of Acre Farm aforesaid as are not mentioned and comprised in the said schedule hereunder Referees, or written: THAT the said [arbitrators], or, in case they differ, umpire, to ascertain land their umpire, to be chosen as aforesaid, shall, as soon as conveniently may be after the execution of these presents, determine whether the leasehold premises herein before mentioned to be comprised in the said indenture of lease of the day of and the said freehold coppice near included in contract, the or either of them, and any and what part or parts thereof respectively, are or is, or ought to be considered as included in and bound by the said contract for sale so entered into between the said parties hereto as aforesaid: THAT the said [arbitrators], or in case they differ, their ence in value, umpire, to be chosen as aforesaid, shall forthwith, as soon as between lease- may be, ascertain and determine what is the difference in hold tenure. value in respect to the premises holden under or by virtue of the said indentures of lease or demise of the and determine differ hold and free the 17-, and the day of day of day of XXII. On to refer Arbitration. Difference in umpire to be tain evidence and agreements, under or by which the said leasehold premises are respectively held, by virtue of the said indentures of lease respectively: THAT the amount and value so to be Disputes to awarded and determined as the difference in value between a leasehold tenure, and a freehold tenure in fee-simple, shall be value to be retained and deducted by the said [purchaser], his heirs, exe- retained by the purchaser. cutors, administrators, or assigns, by way of compensation, by and out of the said purchase-money or sum of £▬▬▬ : THAT the award and determination of the said [arbitrators], Award of aror of their umpire, in or about the premises, or any of them, bitrators or shall be final and conclusive, between and upon the said final. [vendors], and all persons claiming through or under the said [testator], deceased, and the said [purchaser], his heirs, executors, administrators, and assigns: THAT for the purposes Arbitrators or aforesaid, it shall be lawful for the said [arbitrators], or their umpire to obumpire, to obtain information upon or in respect of the pre- by parol, or in writing. mises hereby referred, or any of them, either by the statements of the parties hereto, or any of them, by parol or written evidence, or by such other ways or means as they or he shall in their or his judgment think most advisable, or deem most applicable to the nature and circumstances of the case THAT in case the said [arbitrator, A. B.] should die, or In case of refuse or become incapable to act as arbitrator, before the dors' arbitrawhole of the premises hereby referred shall be determined by tor before award, they the said [arbitrators], or their umpire, Then the said to appoint [vendors], or the survivors or survivor of them, or the heirs, another. executors, administrators, or assigns of such survivor, shall forthwith thereafter nominate and appoint some other person to be arbitrator or referee in the stead and place of the said A. B.; and so in like manner upon the decease, or neglect or refusal to act, of any arbitrator succeeding to the place of the said A. B. (add a similar clause as to C. D. purchaser's arbi- Same as to trator): THAT every arbitrator, so to be appointed as a sub- purchaser's. stitute for the said A. B. or C. D., or any succeeding arbi- tors to have trator, shall, as to such of the premises as shall not, at the same powers time of his nomination and appointment be actually deter- arbitrators. mined, or referred to an umpire, have the same powers and authorities as are hereby vested in the arbitrator, in or to whose place he shall come or succeed: THAT the expense of Expense of preparing and executing these presents, [and a duplicate be paid hereof], and of making such arbitration or award as afore- equally. death of ven New arbitra as the old arbitration to |