c. Appointment for Meeting with Notice that Arbitrator will Proceed Ex Parte. Form No. 2146. (Commencing as in Form No. 2144, and continuing down to †) and we give notice that in case either party fail to attend without having previously shown to us good and sufficient cause for his absenting himself, we shall at the request of the other party, if present, go on with the reference ex parte. (Conclude with date, signatures, and address, as in Form No. 2144.) d. Notice of Hearing, in Mississippi. Form No. 2147. (Anno. Code Miss., § 98.) To John Doe and Richard Roe and Edward Low (naming all the parties): You are notified that the undersigned arbitrators, agreed upon by you to determine the controversy mentioned in your articles of submission, of date the first day of July, A.D. 1896, have fixed upon and will hear and consider your said controversy on the twentieth day of July, A.D. 1896, at the office of Joseph Hunt, in Oxford. (Indorsement.)1 Samuel Short, Joseph Hunt, 7. Demand by Arbitrators of Production of Documents. Form No. 2148. In the matter of the arbitration between John Doe and Richard Roe. Sir: In pursuance of the power given to us by the order of reference (or other submission, as the case may be), we require you to produce before us, on Monday, the third day of January next, at the hour of eleven o'clock in the forenoon, at the office of Samuel Short, 88 Ames Building, the following documents relating to the matters in this reference, that is to say (here enumerate the books, deeds, papers, and writings demanded, specifying and describing each with a reasonable degree of particularity as far as is practicable).2 Boston, December 26, 1895. To John Doe, Esq. 1. This notice must be served by one of the arbitrators, who shall indorse on said notice that he has served the same by giving the party or parties a true copy thereof. Anno. Code Miss., § 98. Samuel Short, 2. If deemed desirable the following may be added: "and also all other books, deeds, papers, and writings concerning the matters in difference referred to us." 8. Request by Arbitrators for a Written Statement of the Matters in Difference. Form No. 2149. Gentlemen: In order that in forming our award we may not omit duly to estimate every matter which is deemed of importance, we request you respectively to furnish us with a statement in writing of the particular matters-other than those included in the cause referred - which you desire us to take into our consideration as matters in difference in this reference (concluding with date, signatures, and address as in Form No. 2148). 9. Notice by Arbitrators to Umpire of Final Disagreement. Form No. 2150. Sir: We hereby give you notice that we cannot and shall not be able to agree in making an award, but have finally disagreed about the same, and that you are at liberty to proceed as umpire to consider and award upon the matters referred. The 10th day of May, A.D. 1896. To Joseph Hunt, Esq. Samuel Short, 10. Notice to Parties of Award Made. Form No. 2151. Gentlemen: We hereby give you notice that we have made and published our award in writing respecting the matters in difference between Mr. John Doe and Mr. Richard Roe, referred to us, and that it lies at the office of Samuel Short, 88 Ames Building, ready to be delivered. Yours truly, The 10th day of June, A.D. 1896. III. THE AWARD. 1. In General. Samuel Short, The award, like the submission, may be in almost any form, according to the fancy of the arbitrators. In the following forms, Nos. 2152 to 2186, have been included all the clauses in common use in awards, by properly combining which an award adapted to any set of facts may be drawn.2 the subject of arbitration and award, consult the title AWARDS in the ENCYCLOPEDIA OF PLEADING AND PRACTICE, vol. 3, p. 126. 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 LAW (2d ed.), vol. 2, p. 533. For matters of procedure relating to 2187. OF 2. For an illustration of such a combination, see infra, Form No. 2. Its Parts. a. The Commencement. (1) RECITING SUBMISSION BY SIMPLE AGREEMENT. Form No. 2152. Whereas, by a certain agreement in writing bearing date the first day of May, A.D. 1896, made between John Doe, of Carrollton, in the county of Greene, and Richard Roe, of Marseilles, in the county of La Salle, reciting that (here recite so much of the matters in difference as will explain the subsequent transactions)1 it was agreed that the same (or that all matters in difference)2 should be referred to the award and final determination of me, Samuel Short, of Marseilles (or to us, Samuel Short, William West, etc., as the case may be). And whereas it was further agreed that (here set forth such of the powers and provisions in the submission as warrant the following directions), now I, the said arbitrator (or we, the said arbitrators),3 do make and publish this my (or our) award as follows: * (2) RECITING SUBMISSION BY BOND. Form No. 2153. To all to whom these presents shall come, we, Samuel Short, of Carrollton, in the county of Greene, and William West, of Marseilles, in the county of La Salle, send greeting: Whereas John Doc, of Carrollton, in the county of Greene, did by his bond bearing date the first day of May, A.D. 1896, become bound to Richard Roe, of Marseilles, in the county of La Salle, in the penal sum of five thousand dollars, and the said Richard Roe, by his bond also bearing date the day and year aforesaid become bound to the said John Doe in the like penal sum of five 1. The power of an arbitrator is derived entirely from the agreement of the parties as expressed in the submission, and their award must be made in strict accordance with it, and must neither go beyond nor omit anything expressed in it. Cullifer v. Gilliam, 9 Ired. (N. Car.) 126. In this case the submission was to abide the damages awarded to Charles Cullifer, etc., "for the overflowing of a certain tract of land, by our millpond, this 4th of July, 1847." The avard, however, was for damages for the years 1847, 1848, 1849, 1850 and 1851, and it was held that this was in excess of the authority conferred by the submission, which was intended to cover the damages for the year 1847 only. 2. An award on a claim not submitted and between persons not parties to the submission is bad, and the recital in an award of the submission is not proof of the submission nor of its terms. Collins v. Freas, 77 Pa. St. 493. 3. It may be well to insert at this point the following clause: "having been first duly sworn according to law, and having given notice to said parties of the time and place of hearing." It is not essential, however, that the award should state either of these things. Both may be proved by parol on motion to enter judgment on the award. Crook v. Chambers, 40 Ala. 239; Rigden v. Martin, 6 Har. & J. (Md.) 403. thousand dollars, which bonds respectively recite that (here set out so much of the recital as shows what is referred).1 under which bonds conditions were respectively written for making the same void if the said John Doe and Richard Roe respectively, and their respective heirs, executors, and administrators should observe, perform, and keep the award which we, the said arbitrators, should make of and concerning the said matters referred to, so as we, the said arbitrators, should make and publish our award in writing (here set out the other formal requisites of award). Now we the said arbitrators, do make and publish this our award : ANOTHER FORM. Form No. 2154. (Commencing as in Form No. 2153, and continuing down to *) under which bond conditions were respectively written that the said John Doe and Richard Roe respectively, and their respective heirs, executors, and administrators, should in all things well and truly stand to, obey, abide by (continue as in the submission to the end of the recital of the matters referred to), so as I, the said arbitrator, should make and publish my award (here set forth the formal requisites of the award). Now I, the said arbitrator, do make and publish this my award: (3) RECITING SUBMISSION By Deed. Form No. 2155. Whereas by a certain indenture bearing date the first day of May, A.D. 1896, made between John Doe, of Carrollton, in the county of Greene, of the first part, and Richard Roe, of Marseilles, in the county of La Salle, of the second part, reciting that (continuing as in Form No. 2153). (4) RECITING SUBMISSION BY RULE OF Court. Form No. 2156. Whereas by a rule of the Circuit Court of Morgan county, made the first day of May, A.D. 1896, in an action where John Doe was plaintiff and Richard Roe defendant,2 it was by consent ordered that all matters in dispute between the said parties should be referred to the award of me, Samuel Short, of Riverhead. 1. See supra, notes 1 and 2, p. 68. 2. In Den ex dem. Oneal v. Butler, 3 Dev. (N. Car.) 94, the award was in these words: "We, the undersigned, to whom was referred the several matters of controversy, now pending in the court of law and court of equity, for Burke, between James McK. Oneal, etc. (the other lessors of the plaintiff), and John E. Butler, do award.' It was held that this recital, stating the cause to be pending between the lessor of the plaintiff and the tenant in possession without introducing the fictitious parties, was sufficient. (5) RECITAL OF UMPIRE. Form No. 2157. (Commencing as in Form No. 2152, and continuing down to *.) And whereas the said Samuel Short and William West did by a writing under their hands, bearing date the first day of May, indorsed on the said order of reference (or as the case may be), appoint me, Joseph Hunt, of Marseilles, to be umpire, pursuant to the said order; and whereas the said Samuel Short and William West did not make any award of and concerning the premises before the first day of June (or, and whereas, the said Samuel Short and William West have not made any award concerning the matters referred to, and have finally and altogether disagreed respecting the same), now I, the said Joseph Hunt, having taken upon myself the charge of this reference and having heard, examined, and considered the allega. tions, witnesses, and evidence of both the said parties concerning the premises, do make this my umpirage in writing, and concerning the premises in the manner following, that is to say, I award and adjudge. b. Miscellaneous Awards. (1) DEFENDANT TO PAY A CERTAIN SUM IN FULL OF ALL DEMANDS. Form No. 2158. I award that the defendant shall pay to the plaintiff five hundred dollars in full of all demands in the above mentioned action. (2) OF DAMAGES, SUIT PENDING. Form No. 2159. I find that the plaintiffs have sustained damages from the defendants occasioned by the causes of action for which the said action was brought to the amount of five hundred dollars, and I assess the plaintiffs' damages at the said sum of five hundred dollars, and award and direct the defendants to pay the same to the plaintiffs. (3) BETWEEN PARTNERS. Form No. 2160. And whereas it cannot be ascertained what sums of money are due and owing to the said firm, I further award and direct that the said John Doe shall use his utmost endeavors to ascertain, collect, and receive the debts due the said firm as aforesaid, and that the said Richard Roe shall permit and suffer the said John Doe to collect and receive the same. And I further award and direct that the said John Doe shall from time to time give to the said Richard Roe an account in writing of his proceedings in the ascertainment and recovery of the said debts within six weeks after a request in writing so to do shall have been served upon the said John Doe on the part of the said Richard Roe, and shall also from time to time, |