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2. That the said arbitrators, in pursuance of said submission, on the 21st day of February, A.D. 1896, awarded that defendant should within five days pay to the plaintiff the sum of $50.00, of all of which the defendant then had notice.

3. That though the five days within which the said sum was to be paid according to the terms of the award is past, yet the defendant has not paid said sum or any part of it.

Wherefore the plaintiff prays judgment for said sum of $50.00, and with interest thereon at the rate of six per cent. per annum from the 26th day of February, A.D. 1896, and for his costs incurred in this action. Jeremiah Mason, Attorney for Plaintiff.

State of Colorado,

County of Dolores.

SS.

John Doe, being first duly sworn, on oath says that he is the plaintiff in the above entitled action; that he has read (or heard read) the foregoing complaint (or petition) and knows the contents. thereof, and that the same is true of his own knowledge. Subscribed and sworn to before me

this 10th day of June, A.D. 1896.

Abraham Kent, Justice of the Peace.

John Doe.

4. Complaint on an Award in Connecticut.

Form No. 2203.

(Conn. Prac. Act 36.)

To the sheriff of the county of Hartford, his deputy, or either constable of the town of Hartford in said County-Greeting:

By authority of the State of Connecticut, you are hereby commanded to attach, to the value of five hundred dollars, the goods or estate of John Doe of Windsor, in said county, and him summon to appear before the Court of Common Pleas to be held at Hartford, in and for the county of Hartford on the first Monday of February, 1880, then and there to answer unto Richard Roe of said Hartford, in a civil action, wherein the plaintiff complains and says:*

1. On May 1st, 1879, the plaintiff and defendant, having a controversy between them concerning a demand of the plaintiff for the price of ten barrels of oil, which the defendant refused to pay, agreed to submit the same to the award of Samuel Short and William West as arbitrators (or entered into an agreement, a copy of which is hereto annexed, marked Exhibit A).

2. On May 15th, 1879, said arbitrators, pursuant to said submission, awarded that the defendant should pay the plaintiff $200, and duly published said award.

3. The defendant has not paid the same.

The plaintiff claims $250 damages.

[Joseph Hunt of Hartford, is recognized in $500 to prosecute, etc.] Of this writ, with your doings thereon, make due return.

Dated at Hartford, this 15th day of January, 1880.

Abraham Kent, Justice of the Peace.

5. Complaint on Arbitration Bond for Refusal to Comply with Award, in Connecticut.

Form No. 2204.

(Conn. Prac. Act 49.)

(Commencing as in Form No. 2203, and continuing down to *.) 1. The defendant heretofore made and delivered to the plaintiff a bond, conditioned to abide the award of John Stiles upon certain differences between them, of which bond a copy is hereto annexed, marked Exhibit A. *

2. On July 1st, 1878 (or, Thereafter, and within the time limited for making the award), by agreement of the plaintiff and the defendant, the time for the making of the award was extended to October 1st, 1878.

3. Said arbitrator, having undertaken the arbitration, on August 15th, 1878, duly made and published his award in writing upon the matter submitted, and thereby awarded that the defendant should (here indicate briefly the provision which the defendant has disregarded); of which award a copy is hereto annexed, marked Exhibit B.

4. The plaintiff on August 20th, 1878, gave notice of said award to the defendant, and tendered to him, etc.,1 and demanded of him, etc.1

5. The defendant has not (here allege breach, specifying the particular act or omission).

The plaintiff claims $1,000 damages. (Conclude as in Form No. 2203.)

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And the plaintiff says the parties by their agreement in writing, a copy whereof is hereto annexed, referred the matters therein mentioned to arbitrators; and the arbitrators have made an award thereon in writing, a copy whereof is hereto annexed.

(Aver performance of condition by plaintiff, when necessary to be proved, and the nonperformance by defendant, which is relied on, and if it is for the mere payment of money, aver as follows:

1. The "etc." in the Practice Act stands for words which would vary with each particular case. They might he, for example, "and tendered to him

the sum of $500 mentioned in the award and demanded of him the sur

render of the two promissory notes also therein mentioned."

“And the defendant owes the plaintiff the amount of said award.")

Jeremiah Mason, Attorney for Plaintiff.

V. PROCEEDINGS ON A STATUTORY AWARD.

1. Notice of Application for Judgment.

State of Colorado,

County of Dolores. (

SS.

Form No. 2206.

In the District Court of said county.

In the matter of the arbitration between John Doe and Richard Roe.

Sir: You will please take notice that * at the next term of the above named court the undersigned will apply for an ordert confirming the award made in this matter on the first day of May, 1896, and for judgment thereon with costs in accordance with the statute in such case made and provided. A copy of the award is Jeremiah Mason, Attorney for John Doe.

hereunto annexed.

May 2, 1896.

To Joseph Story, Esq., Attorney for Richard Roc.

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Edward Warren, being first duly sworn, on oath says that on the second day of May, 1896, he served the within notice by presenting a true copy thereof together with a true copy of said award to the said Richard Roe.

Subscribed and sworn to before me

this third day of May, 1896.

John Hancock,

Edward Warren.

Clerk of the District Court of Dolores County.

Form No. 2208.

(Commencing as in Form No. 2206, and continuing down to *) I have made application to the above named court for an order confirming an award dated the first day of July, A.D. 1896, made by Samuel Short, William West, and Joseph Hunt in the above entitled matter, and for judgment thereon, and for costs; and that said court has entered a rule ordering you to show cause on or before the tenth day of September, A.D. 1896, why said award shall not be confirmed and judgment entered thereon. (Concluding with signature, date, and address, as in Form No. 2206.)

2. Notice of Application to Modify an Award.

Form No. 2209.

(Commencing as in Form No. 2206, and continuing down to †)

modifying and correcting the award made in this matter on the first day of May, 1896, in this, viz.: (Here state the particular changes, and conclude with signature, date, and address as in Form No. 2206.)

3. Notice of Application to Vacate an Award.

Form No. 2210.

(Commencing as in Form No. 2206, and continuing down to t) vacating the award made in this matter on the first day of May, 1896, for the following reasons: (Here set out the grounds for the motion, and conclude with signature, date, and address as in Form No. 2206.)

4. Motion for Judgment on an Award.

State of Colorado,
County of Dolores

Form No. 2211.

SS. In the District Court of said county.

In the matter of the arbitration between (
John Doe and Richard Roe.

1

And now, June 1, 1896, comes John Doe, by Jeremiah Mason, his attorney, and moves the court for judgment upon the award made in this matter by Samuel Short, William West, and Joseph Hunt, arbitrators appointed herein by a rule of court entered on the first day of April, 1896, returned into court on the twentieth day of May, 1896, in accordance with the statute in such case made and provided, and for the amount found due said Doe by said arbitrators as shown by their said award, and for his costs in this behalf. Jeremiah Mason, Attorney for John Doe.

5. Motion to Correct and Modify an Award.

Form No. 2212.

(Commencing as in Form No. 2211, and continuing down to *) to modify and correct the award made on the first day of September, 1896, by Samuel Short, William West, and Joseph Hunt, in the above entitled matter, as follows: (Here state the particular modifications desired.) Wherefore said John Doe moves the court to correct and modify the award in the above mentioned respects, and that the award so corrected and modified be confirmed and judgment entered on the same.

Jeremiah Mason, Attorney for John Doe.

6. Motion to Vacate an Award.

Form No. 2213.

(Commencing as in Form No. 2211, and continuing down to *) to set aside and vacate the award made in the above entitled matter

1. For the formal parts of motions in a particular jurisdiction consult the title MOTIONS.

by Samuel Short, William West, and Joseph Hunt, on the first day of September, A.D. 1896, for the following reasons, viz.: (Here state the grounds for making the motion, and conclude with signa ture as in Form Ño. 2211.)

7. Proof of Submission to Arbitration by Subscribing Witness.

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John Jones, being first duly sworn according to law, on oath says that John Doe and Richard Roe, the parties to the annexed agreement (or bond, or deed, as the case may be) of submission to arbitration, are personally known to him, and that he was present and saw the said John Doe and Richard Roe sign and execute the same on the first day of June, 1896, and that the names subscribed to the said submission are the proper and genuine signatures of the said John Doe and Richard Roe, and that this deponent set his name to the submission as a subscribing witness at the time of its execution as aforesaid. John Jones.

Subscribed and sworn to before me

this tenth day of July, 1896.

Abraham Kent, Justice of the Peace.

8. Proof of Award by Arbitrators.

State of Colorado,

County of Dolores.

SS.

Form No. 2215.

Samuel Short, William West, and Joseph Hunt, the arbitrators named in the award hereunto annexed, being first duly sworn according to law, on oath say that on the first day of July, A.D. 1896, they signed, published, and declared the annexed award as their final award in writing between John Doe, of Boulder, and Richard Roe, of Denver, the parties named therein. Samuel Short.

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John Jones, being first duly sworn according to law, on oath says that Samuel Short, William West, and Joseph Hunt, who made the award hereunto annexed, are personally known to him and that he was present and saw said Samuel Short, William West, and Joseph Hunt sign, publish, and declare the same as their final award in writing between John Doe, of Boulder, and Richard Roe, of Denver, on the first day of July, A.D. 1896, and that the names subscribed

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