And if either party neglects to appear before the referees, after proper notice given to him of the time and place appointed for hear ing the parties, they may proceed in his absence. Dated this first day of July, A.D. 1896. (Acknowledgment as in Form No. 2122.) e. In Massachusetts. Form No. 2132. (Pub. Stat. Mass., c. 188, § 2.) John Doe. Know all men that John Doe, of Chelsea, and Richard Roe, of Boston, hereby agree to submit the demand, a statement whereof is hereto annexed, (and all other demands between them, as the case may be,) to the determination of Samuel Short, William West, and Joseph Hunt, the award of whom, or of the greater part of whom, being made and reported within one year from this day to the superior court for the county of Suffolk, the judgment thereon shall be final; and if either of the parties neglects to appear before the arbitrators, after due notice given him of the time and place appointed for hearing the parties, the arbitrators may proceed in his absence. Dated this first day of July, in the year one thousand eight hundred and ninety-six. John Doe. Richard Roe. Suffolk, ss. July 1, 1896. Then the above named John Doe and Richard Roe personally appeared (or the above named John Doe personally, and said Richard Roe by Joseph Story, his attorney, appeared, as the case may be) and acknowledged the above instrument by them signed to be their free act; before me, Abraham Kent, Justice of the Peace. d. In Minnesota. Form No. 2133. (Minn. Stat., § 6212.) Know all men, that John Doc, of Red Wing, and Richard Roe, of Zumbrota, have agreed to submit the demand a statement whereof is hereto annexed, (and all other demands between them, as the case may be) to the determination of Samuel Short, William West, and Joseph Hunt, the award of whom or the greater part of whom, being made and reported within six months from this day, to the district court for the county of Goodhuc, the judgment thereon shall be final; and if either of the parties shall neglect to appear before the arbitrators, after due notice given him of the time and place appointed for hearing the parties, the arbitrators may proceed in his absence. Dated this first day of July, in the year one thousand eight hundred and ninety-six. (Acknowledgment as in Form No. 2132.) John Doc. e. In New Mexico. Form No. 2134. (Comp. Laws of N. Mex., § 2071.) We, John Doe and Richard Roe, having a suit pending in (here name the court), on a demand which the said John Doe commenced against Richard Roe (here state the cause of demand), taking into consideration the doubtfulness of its termination, and that great costs may accrue, with delays and vexations; to avoid these, we have determined to compromise, by these presents, our claims and demands in Samuel Short and William West, whom we appoint as arbitrators and amicable adjusters, conferring upon them as full power and jurisdiction as they may require, within six months, to examine into, determine, and adjust finally our said suit, in view of truth and good faith, taking into consideration, not only the principal matter submitted, but also all things incidental to the same, until the whole cause shall be completely adjusted. And in case the said arbitrators, or amicable auditors, shall not agree in their decision, that they select an umpire, who shall vote in favor of the opinion that he may think most just and right for the said arbitrators, to which decision or amicable settlement we obligate ourselves to abide, and that for no reason whatever, although it might otherwise be admissible, shall we ask for reduction, exception, or appeal, nor make other claim for the whole or any part thereof; therefore, by these presents we do now approve in all its parts, renouncing the aid of the laws; and we desire, and it is our will, that it be executed without any delay. In testimony whereof we have hereunto set our hands and seals, in the precinct of Las Vegas, county of San Miguel, this first day of July, of the year one thousand eight hundred and ninety-six. John Doe. (SEAL) Richard Roe. (SEAL) Made and executed in my presence, 1 II. PROCEEDINGS DURING THE REFERENCE. 1. Rule of Reference, Suit Not Pending. Form No. 2135. In the Posey Circuit Court of the State of Indiana. In the matter of the arbitration between John Doe and Richard Roe.2 It appears this 10th day of May, A.D. 1896, to the satisfaction 1. This agreement should be signed 2. For the formal parts of an order in the presence of some competent in a particular jurisdiction, consult the magistrate, who shall sign the same as made and executed in his presence. Comp. Laws N. Mex., § 2072. title ORDERS. of the court, that John Doe and Richard Roe have mutually agreed to submit to the final arbitrament of Samuel Short, William West, and Joseph Hunt all matters in difference between them (or certain matters in difference between them, setting forth the same briefly) 2 and have further agreed that the award of the said arbitrators, or any two of them, thereupon, shall be made the judgment of this court; and the same is ordered accordingly. John Marshall, Judge. 2. Rule of Reference, Suit Pending. Form No. 2136. (Precedent in Crabtree v. Green, 8 Ga. 9.) State of Georgia, In Superior Court, May Term, 1848. John Doe ex dem. Thomas Green vs. Richard Roe, i.e. William Upon hearing the attorneys for plaintiff and defendant in the above entitled cause, and by their mutual consent, it is ordered by this Court, that all matters in difference between the said parties to the above entitled cause, in relation thereto, be referred (here follow the names of the arbitrators and the conditions of the reference). Form No. 2137. (Precedent in South Carolina R. Co. v. John A. Moore and Thomas N. Philpot, VS. The South Carolina Railroad Company. VS. The Same. Moore, 28 Ga. 404.) Case on Appeal. The parties having agreed to refer the above cases to arbitration, it is on motion ordered, that the matters in issue in the same, be referred (here follow the names of the arbitrators and the condition of the reference). 3. Extension of Time by Order of Court. Form No. 2138. (Caption as in Form No. 2135.) And now this 15th day of June, upon reading the rule made on 1. It may sometimes be desirable to insert at this point the clause "from the agreement of the parties on file in this court, together with their affidavits thereon.” 2. Where matters are submitted by rule of court, the matters submitted must appear from the rule, so that the award shall be a bar to any further controversy on the same matters. The matters need not, however, be stated with particular formality. Barnett v. Peck, 6 Vt. 456. 3. See supra, note 2, p. 62. 4. The conditions of the reference may be set out in accordance with Forms Nos. 2059 to 2118, substituting the words "and it is further ordered," or "by the like consent it is further ordered," for the words "and it is further agreed." May 10, 1896, and upon hearing counsel for the plaintiff and defendant, and by their consent, it is ordered that the time limited for the arbitrator making his award between the parties be enlarged until the 1st day of July next. By the court. John Marshall, Judge. 4. Notice to Arbitrators of Their Appointment. Form No. 2139. To Samuel Short, William West, and Joseph Hunt, Esquires: You are hereby notified that you have been chosen arbitrators, as well on behalf of the undersigned John Doe, of Carrollton, as of the undersigned Richard Roe, of Marseilles, to arbitrate and award on the following matters: (Here state the matters submitted.) And you are requested to meet the said parties at the office of Joseph Hunt in the town of Marseilles aforesaid, on the first day of June next, at one o'clock 7. M., for the purpose of fixing upon a time and place for hearing the evidence in the aforesaid controversy. Marseilles, May 1st, 1896. Yours, etc., 5. Revocation. a. By Both Parties. Form No. 2140. John Doe. To Samuel Short, William West, and Joseph Hunt, Esquires: You will please take notice that we hereby revoke your powers as arbitrators under a submission made by us to you in writing, and entered as an order of the Posey Circuit Court, on the tenth day of May, 1896. Marseilles, May 15th, 1896. John Doe. Richard Roe.1 b. By One Party. Form No. 2141. Know all men by these presents, that I, John Doe, of Chelsea, have revoked, annulled, and made void, and by these presents do revoke, annul, and make void, all the power and authority which by a certain agreement of reference in writing, made the 10th day of May, A.D. 1896, between me, the said John Doe, and Richard Roe, of Boston, were conferred upon Joseph Hunt of Cambridge, the arbitrator thereby appointed to award and determine on certain matters in difference between me and the said Richard Roc; and I do hereby discharge and prohibit the said Joseph Hunt from making any award, or from any further proceeding in the said arbitration. 1. At common law either party may revoke a submission, Erie v. Tracy, 2 Grant's Cas. (Pa.) 20; and if it be a written submission that is revoked the revocation must be in writing. Sutton v. Tyrrell, 10 Vt. 91. Under most statutes, however, when the parties have entered into a statutory submission there can be no revocation unless both parties concur. As witness my hand (or hand and seal) this 20th day of May, A.D. 1896. Witness, John Jones. John Doe.1 c. Notice of Revocation by One Party to the Other. To John Doe, Esq. : Form No. 2142. The I hereby notify you that I have this day revoked the powers of Samuel Short, William West, and Joseph Hunt, the arbitrators chosen by us to settle the matters in controversy between us. following is a copy of the revocation: (Here insert the revocation in full.)2 Yours, etc., Marseilles, May 15th, 1896. d. Notice of Revocation to Arbitrator. 2 Form No. 2143. Richard Roe. Sir: I hereby give you notice that by a writing under my hand and seal, made on the 20th day of May, A.D. 1896, I have revoked, annulled, and made void your authority as arbitrator; and I hereby discharge and prohibit you from further proceeding in the matters of the arbitration between me and Richard Roe. Dated the 21st day of May, A.D. 1896. To Joseph Hunt, Esq. 6. Meetings. a. Appointment for a Meeting.、 Form No. 2144. John Doe. In the matter of the arbitration between John Doe and Richard Roe. We appoint Tuesday, the third day of May next, for proceeding in this reference, at the hour of eleven o'clock in the forenoon, at the office of Samuel Short, 88 Ames Building.† Boston, April 24,1896. To Messrs. John Doe and Richard Roe. Samuel Short, b. Appointment for Two Meetings. Form No. 2145. (Commencing as in Form No. 2144, and continuing down to*) and Thursday, the fifth day of May next, for proceeding in this reference, at the office of Samuel Short, 88 Ames Building, at the hour of eleven o'clock in the forenoon on the Tuesday, and of seven o'clock in the evening on the Thursday. (Conclude with date, signatures, and address, as in Form No. 2144.) 1. If by deed add seal. 2 E. of F. P.-5 65 3. If it is desired the word 66 peremptorily" may be inserted here. Volume II. |