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3. Answer of Same, in Connecticut, 111.

4. Plea of No Award to Declaration in Debt on an Arbitration Bond,

112.

5. Plea to Declaration in Debt on an Arbitration Bond Stating Award and Plaintiff's Nonperformance of a Condition Precedent, 113. 6. Same, Stating Award and Averring Performance, 114.

7. Replication Stating Award and Breaches, 115.

8. Replication Denying the Award, 116.

9. Rejoinder Denying the Award, 116.

CROSS-REFERENCES.

For Forms relating to proceedings more or less akin to Arbitration and Award, consult the titles APPRAISEMENT, vol. 1, p. 1117; AUDITORS; MASTER IN CHANCERY; REFEREES; and SUBMITTED CASE.

For Forms relating to Debt on an Arbitration Bond, consult the title DEBT. For Forms relating to Bribery of Arbitrators, consult the title BRIBERY. For Forms relating to Disorderly Proceedings before Arbitrators, consult the title CONTEMPT.

For other Forms relating more or less intimately to proceedings in Arbitration and Award, consult the titles EXECÚTIÓN; OATHS AND AFFIRMATIONS; SPECIFIC PERFORMANCE; and SUBPŒNA.

I. THE SUBMISSION.

1. In General.

The form of the submission to arbitration,1 whether under the common law or under statutes, is largely in the option of the parties making the same. In the following forms, Nos. 2054 to 2123, will be found most, if not all, the provisions in common use in submissions. By properly combining these forms it will be possible to make a complete submission suitable for any set of facts.2

2. Its Parts.

a. The Commencement.

(1) OF A SUBMISSION BY SIMPple Agreement.
(a) In General.

Form No. 2054.

Memorandum of agreement made this first day of June, A.D. 1896, between John Doc of the city of Nashua, in the county of Hillsborough, and Richard Roe of Milford, in said county.3

1. For matters of substantive law relating to the subject of arbitration and award, consult the title ARBITRATION AND AWARD in the AMERICAN AND ENGLISH ENCYCLOPÆDIA OF LAW (2d ed.), vol. 2, p. 533.

2. See infra, Forms Nos. 2124, 2125,

and 2126, for illustrations of such combinations.

3. In Arizona, the parties to a submission must "sign an agreement in writing, as plaintiff and defendant to arbitrate their differences or matters in dispute." Rev. Stat. Ariz., § 8.

Form No. 2055.

Whereas certain matters of difference have arisen and are now existing between John Doe of Carrollton, in the county of Greene, and Richard Roe1 of Marseilles, in the county of La Salle, concerning the following matters (here give a concise statement of the matter in dispute):2 Now, therefore, we, the said John Doe and Richard Roe, being desirous and agreeing to leave the settlement thereof to certain persons, do hereby submit said controversy (or all controversies, etc., as the case may be).

(b) Pending Suit.

Form No. 2056.

(Precedent in Healy v. Isaacs, 73 Ind. 230.)

Albert C. Isaacs, Plaintiff,

vs.

John Healy, Defendant.

In the Vanderburgh Circuit Court,
September Term, 1876.

Whereas, in the above entitled suit, a controversy exists concerning what amount, if any, said Isaacs is entitled to from said Healy, on a full and correct settlement of the business, books and accounts of the late firm of Healy, Isaacs & Co.: Now, therefore, said partners hereby mutually agree to submit all said matters of controversy.

(2) OF A SUBMISSION BY BOND.

Form No. 2057.

Know all men by these presents that I, Richard Roe, of Carrollton, in the county of Greene, am held and firmly bound to John Doe, of Marseilles, in the county of La Salle, in the sum of five thousand dollars, lawful money of the United States, to be paid to the said John Doe, or his executors, administrators, or assigns; for which payment well and truly to be made I bind myself, my heirs, executors, and administrators firmly by these presents.

Sealed with my seal; dated the first day of June, in the year of our Lord one thousand eight hundred and ninety-six.

(3) OF A SUBMISSION BY Deed.

Form No. 2058.

This indenture made between John Doe, of Carrollton, in the county of Greene, of the first part, and Richard Roe,1 of Marseilles, in the county of La Salle, of the second part.

1. See supra, note 3, p. 37.

2. The matter to be settled by arbitration should be set forth in a concise but perfectly definite form; thus in Woodward v. Atwater, 3 Iowa 61, it was held that the clause "a matter of controversy relating to a certain piece

of land in said county" was too indefinite. The only exception to this rule is when the submission is of "all matters in controversy "between the parties, which would, of course, embrace each particular.

b. The Recital of Differences.

(1) OF DIFFERENCES IN GENERAL.

Form No. 2059.

Whereas disputes and differences have arisen and are still subsisting between the above named parties, it is hereby agreed by and between them to refer all disputes and matters in difference whatever between them.

(2) OF SPECIAL DIFFERENCES.

Form No. 2060.

Whereas certain differences and disputes have arisen and are still pending between the said parties as to whether the said John Doe is indebted to the said Richard Roe in any and what sum of money, and as to the price the said Richard Roe ought to pay for the stock in trade taken by him off the hands of the said John Doe (or a similar concise statement of the matter in dispute), it is agreed by and between them that the same shall be referred.

(3) OF ACTION PENDING.

Form No. 2061.

Whereas an action is now depending in the Morgan Circuit Court wherein the said John Doe is plaintiff and the said Richard Roe is defendant, it is agreed 2 that the same 3 shall be referred.

(4) Of PendinG ACTION TO be Dismissed.

Form No. 2062.

Whereas the said John Doe, on or about the first day of March, A.D. 1895, commenced an action in the Morgan Circuit Court against the said Richard Roe, praying (here state the substance of the action), and whereas the said parties have agreed that the said action shall be dismissed without costs, and that the several matters, questions, and differences hereunder specified (here enumerate the points to be decided)1 shall be referred.

(5) BETWEEN PARTNERS.

Form No. 2063.

Whereas John Doe and Richard Roe have carried on the business of clothiers in partnership, and the accounts between them have become involved, and differences have arisen between them

1. See supra, note 2, p. 38.

2. If it is not intended to refer the action, but only the subject of the action, these words may be inserted: "that all proceedings in the action shall be stayed, but that in order to

ascertain, settle, and adjust all accounts, claims, and demands in dispute in said action."

3. If the reference is to be general, insert "and all matters in difference between the parties."

relating thereto, it is hereby agreed that the copartnership accounts and all matters in difference between the parties shall be referred.

(6) BY AN EXECUTOR.

Form No. 2064.

Whereas the said John Doe is executor of the last will and testament of Henry Smith, late of Lima, in the county of Allen, deceased; and whereas certain differences have arisen between the said John Doe as such executor and the said Richard Roe in regard to claims by the said John Doe as such executor against the said Richard Roe, and by the said Richard Roe against the said John Doe in respect of the said testator's estate, it is hereby agreed by and between the said parties to refer all matters in difference respecting the said testator's estate.

(7) BY A GUARDIAN.

Form No. 2065.

(Precedent in Overby v. Thrasher, 47 Ga. 11.)

Whereas, there are matters of controversy between Early W. Thrasher, guardian, of the county of Morgan, and Barton H. Overby, and Nicholas Overby, both wards of the said Early W. Thrasher, and both of the county of Clarke, embracing all matters between them as guardian and wards. It is therefore agreed between the parties that all matters and things growing out of and connected with said guardianship be submitted.

c. The Appointment of Arbitrators.

(1) ONE ARBITRATOR.

Form No. 2066.

To the award, order, and final determination of Jeremiah Mason, Esq., of Riverhead, in the county of Suffolk, Attorney at Law.

(2) Two ARBITRATORS WHO ARE TO APPOINt a Third.

Form No. 2067. .

To the award, order, arbitrament, final end, and determination of Samuel Short, of Riverhead, in the county of Suffolk, and William West, of Northport, in said county, and of such third arbitrator* as the said Samuel Short and William West shall by writing under their hands, to be indorsed on these presents, before they proceed in this arbitration, nominate and appoint to act with them,1 or any two of them.2

1. In Alabama, if any of the arbitrators fail to attend at the time and place designated for arbitration the parties may substitute others in their places; or if the parties cannot agree, the arbitrators present may themselves

appoint others in their stead, of which they must make a memorandum on their submission. Ala. Code, § 3225.

2. In common-law arbitrations, unless the agreement to submit a cause to arbitration provides for an award

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