« ForrigeFortsett »
as the said debts shall be respectively received, pay to the said Richon] Roe one moiety thereof after having first deducted all necessary expenses incurred touching the ascertaining, collecting, and recovering of the same.
(4) OF DIssoLuTIoN 0F PARTNERsHIP.
Form No. 2161.
I do award, order, and adjudge that the said partnership shall be deemed and taken to have ended and been determined on and from thefirst day of Yanuary, I896.
(5) ONE PARTNER To PAY THE OTHER A SUM OF MONEY IN FULL OF ALL DEMANDS.
Form No. 2 162.
And I do further award, order, and direct that the said Yohn Doe shall and do on thejirst day of October next, at the house of the said Richard Roe, as aforesaid, pay unto the said Rickard Roe, his executors or administrators, the sum of two thousand dollars; and that the said Richard Roe shall and do accept and receive the same sum in full satisfaction and discharge of all demands against the said Yohn Doe until the day of the date of the said submission.
(6) ONE PARTNER To HAVE DEBTS DUE THE FIRM.
And I do further award, order, and direct that the said Yohn Doe, his executors or administrators, shall and may have, demand, and receive to his, her, or their own use, without interference to the said Richard Roe, all the debts due and owing to the said partnership from any person whomsoever, and shall and may use the name of the said Richard Roe, either alone or jointly, in any action or suit to be commenced for the recovery of any such debt or demand.
(7) ONE PARTNER TO PAY ALL FIRM DEBTs.
And I do further award, order, and direct that the said j'ohn Doe, his executors or administrators, shall and do bear, pay, and discharge all debts, demands, damages, and claims whatsoever due or owing by the said partnership, or which any person hath or can make against the said copartnership, or the said Richard Roe in respect thereof, and shall and do indemnify and keep harmless the said Richard Roe from and against all such debts, damages, demands, and claims, and from and against any loss and damages that may be incurred or sustained by the said Richard Roe, by reason of his name being used in any such action or suit so to be commenced as aforesaid, in pursuance of the authority hereby given to the said 70hr! Doe, his executors and administrators; and that the said j'a/m Doe shall seal, execute, and deliver his bond to the said Ric/lard Roe in the penal sum of five thousand dollars conditioned to indemnify and keep harmless the said Richard Roe from and against the above mentioned debts, demands, damages, claims. and losses.
(8) ONE PARTNER TO DELIVER UP ALL Booxs OF THE FIRM. Form No. 2 l 65.
And I do further award, order, and direct that the said Richard Roe shall and do at any time, or times. upon the request of the said 701m Doe, his'executors or administrators, deliver up to the said 701m Doe, his executors or administrators, all and every the books, papers, and writings which may be in the custody, power, or possession of him, the said Richard Roe, in any wise relating to or concerning the said business of the said copartnership.
(9) OF Cos'rs.
I award that the costs of the action be paid by the defendant to the plaintiff (or Illa! eaclz party bear his own costx of the action).
(10) EACH PARTY TO PAY HALF THE COSTS.
I award and direct that one moiety of the costs of the reference and award be borne and paid by 170/111 [)oe, and the- other moiety by Richard Roe.
(11) EACH PARTY TO BEAR ()wN Cosrs OF REFERENCE AND HALF THE COSTS OF AWARD.
Form No. 2 168.
And I further award and direct that the plaintiff and defendant do each bear his own costs of the reference and pay one half the costs of the award, and that if either party shall in the first instance pay the whole or more than half of the costs of the award, the other party shall repay him so much of the amount as shall exceed the half of the said cost.
(12) DEFENDANT TO PAY COSTS or REFERENCE AND AWARD. Form No. z :69.
I award and direct that the defendant do pay to the plaintiff the costs incurred by the plaintiff of and incidental to the reference and award.1
1. When the arbitrator is to ascer- amount of the said costs of the plaintain the amount of costs, add the fol- tifl’ at fifty dollars, and the costs of my lowing clause : “ and I assess the award at twenty-fire dollars.”
(13) OF ASSIGNMENT AND RELEASE.
I award and direct the said Richard Roe at the costs and charges of the said 70/!” Doe, to execute to the said Yohu Doe, his executors and administrators, a good and valid assignment 1 or all that (here describe the lease/mid premises to be assigned). And I further award and direct the said Richard Roe at the like costs and charges of the said yo/m Doe to execute t0 the said 70/112 Doe, his heirs, executors, administrators, and assigns, a release of all the right, title, and interest of him, the said Richard Roe, or his heirs, executors, or administrators unto and in (here describe [he premises).
(141) IN ACTION TO RECOVER LAND.
I award and adjudge that the plaintiff in this action is entitled to the possession of a certain parcel of the lands sought to be recovered in this action. that is to say (here set out the part by boundaries or other description), which said parcel is marked out and colored blue in the map annexed to this my award. And I award and assess the plaintiff’s damages and his matters stated in thefirst paragraph, the statement of claim, at one dollar.
And I further award and adjudge as to the land mentioned in the second paragraph of the statement of claim that the plaintifl‘ is entitled to the possession of a certain other parcel of the land sought to be recovered in this action, that is to say (here set out [he part by bolmfaries or other description), which said last mentioned parcel is marked out and colored red on the above mentioned map; and I award and assess the plaintil’f’s damages as to the matters stated in the second paragraph of his claim at one dollar.
And lfurther award and adjudge that the residue of~ the lands sought to be recovered in this action consists of (here set’ 0112‘ the residue by boundaries or ol/zer description), which said residue is marked out and colored yellow on the above mentioned map. And I further award and adjudge that the plaintifi' is not entitled to the possession of the said residue of the said lands, but that the defendant is entitled to the possession of the same.
And I direct that the map above referred to be taken and considered as part of this my award.
1. in Preston 11. Whitcomb, rr Vt. 47, the award contained the following expressions. "and do hereby award, that the said Erastus F. Whitcomb shall make and well execute a good and authentic deed of conveyance of all the lands that the said Erastus F. holds by deed of conveyance from Samuel Martin, being' a part of the old Cox farm. Said deed to be made out and delivered to the said N. Preston, and possession given him of the
premises, on or before the first day of April next.” It was held that the words “ good and authentic deed of conveyance” referred merely to the validity and sufficiency of the deed in point of law, and not to the title to be thereby conveyed, and that the award was satisfied by the execution of such a deed as was effectual to convey all the right and title which Whitcomb had in the premises at the date of the award. '
(15) AGAINST AN ExEcuToR.
I award and adjudge that the said Henry Smith, deceased, on his death was indebted to the said 70/111 Doe in the sum offivc lzundred dollars, and that the said Richard Roe, the executor of the said Henry Smil/z, at the date of this submission to arbitration had in his hands goods and chattels which were of the said Henry Smil/z to be administered, of the value of four hundred dollars; and I direct the said Richard Roe to pay to the said 701m Doe the sum of four hundred dollars in part satisfaction of the said sum of five hundred dollars found due to the said 701m Doe.
(16) AWARD TO BE IN FULL SATISFACTION.
And I award, order, and determine that the said damages and the said several sums of money awarded to be paid, and the several matters and things awarded and directed to be done by or with regard to the parties to this reference respectively as aforesaid, shall respectively be paid, received. done, accepted, and taken as and for full satisfaction and discharge, and as a final end and determination of the several matters aforesaid and in difference between the parties referred to me (or qfall matters in (/zf'erence belween [he parties u]; lo [/10 lime oft/1e submission to arbl'lration).
(l7) FoR DEFENDANT. BALANCE OF SET-OFF.
Iaward and adjudge that the plaintiff has good cause of action against the defendant for the matter in the statement of claim alleged, and I assess the damages sustained by the plaintiff in respect of the causes of action alleged in the statement of claim at the sum Ofjlfl)! dollars; and I further award and adjudge that the plaintiff was and is indebted to the defendant in manner and form as the defendant has in his second paragraph on his statement of defense alleged; and I further award and adjudge that the plaintiff was and is indebted to the defendant in respect to the causes in said statement of defendant alleged, in the sum of P71477141’ dollars; and I further award and direct that the sum offifly dollars assessed for the plaintiff be allowed out of and deducted from the sum of eighty dollars found due to the defendant, and that the plaintiff pay to the defendant the sum of I/zz'rly dollars balance.
(18) FOR DEFENDANT, SUIT PENDING.
Form No. 2:75.
I award that the plaintiff had not at the time of the commencement of the said action, nor at any time since, any cause of action against the defendant, and that the plaintiff is not entitled to recover anything in the said action; and I further award that the plaintiff was at the time of the commencement of the said action, and still is, indebted to the defendant in the sum ofjifty dollars, which sum I direct the plaintiff to pay to the defendant forthwith.
(19) FOR PLAINTIFF ON ALL Issues.
I award that the plaintifl' has a good cause of action against the defendant in the said action and is entitled to a verdict on each and every of the issues joined in the said action, and I award and direct the verdict so found as aforesaid to stand.
(20) FOR PLAINTIFF ox SOME Issues, FOR DEFENDANT 0N OTHERS.
Form No. 2177.
And as to the issuesfirstly, secondly, and fourt/zly joined in this action, I award and find for the plaintiff; and as to the issues thirdly andfiftltly joined in the action, I award and find for the defendant.
Form No. 2178.
I award that the verdict so entered as aforesaid be vacated, and that instead thereof a verdict be entered for the plaintiff on the issues joined in said action on the first and second paragraphs of the defendant’s statement of defense, and that a verdict be entered for the defendant on the issues to be joined to the said action
on the third and fourth paragraphs of the said statement of defendant.
(21) THAT PLAINTIFF HAS Goon CAUSE or ACTION ON PART OF CLAIM.
Form No. 2179.
I award that the plaintiff has good cause of action against the defendant on the first and second paragraphs in his statement of claim for the sum ofji've hundred dollars, which sum I direct the defendant to pay to the plaintiff, and I further award that the plaintiff has no cause of action against the defendant on the other paragraphs in the statement of claim.
(22) OF VERDICT FOR PLAINTIFF.
I award that the verdict entered for the plaintiff do stand, but that the damages be reduced tojlfly dollars.