b. Same on a Parol Submission. Form No. 2193. (Precedent in 1 Saund. Pl. 183.) (Commencing as in Form No. 2188 or Form No. 2189, and continuing down to t)1 certain differences had arisen and were then depending between the said plaintiff and the said defendant concerning (here were set forth the matters in dispute), to wit, at Andover, in the county aforesaid; and thereupon for the putting an end to the said differences the said plaintiff and the said defendant herctofore, to wit, on the first day of March, in the year of our Lord one thousand eight hundred and one, at Andover aforesaid, each of them respectively and mutually 2 submitted themselves to the award of one Joseph Hunt, to be made between the said plaintiff and the said defendant of and concerning the said differences, and in consideration thereof and also in consideration that the said plaintiff at the special instance and request of the said defendant had then and there undertaken and faithfully promised the said defendant to perform and fulfil the award of the said Joseph Hunt, to be so made between the said plaintiff and the said defendant of and concerning the said differences and all things therein contained on his, the said plaintiff's, part and behalf to be performed and fulfilled, he, the said defendant, undertook and faithfully promised the said plaintiff to perform and fulfil the said award in all things therein contained on his, the said defendant's, part and behalf to be performed and fulfilled. And the said plaintiff in fact says that the said Joseph Hunt, having taken upon himself the burden of the said arbitrament, afterwards, to wit, on the second day of April in the year aforesaid, at Andover aforesaid, made his certain award 3 between the said plaintiff and the said defendant of and concerning the said differences, and did thereby then and there declare an award that the said defendant should pay to the said plaintiff the sum of one hundred pounds, for and in respect and full satisfaction and discharge of the said differences, of which said award the said defendant afterwards, to wit, on the second day of April in the year aforesaid had notice, and was then and there requested by the said plaintiff to pay him the said sum of one hundred pounds, all of which said sum of one hundred pounds he, the said defendant, then and there ought to have paid to the said plaintiff according to the tenor and effect of the said award and his promise and undertaking aforesaid; yet the said defendant not regarding his said promise (concluding as in Form No. 2188 or Form No. 2189),a e. Same by Executors against an Administratrix upon an Award Made in Pursuance of a Submission Entered into by Testator and Intestate in Their Respective Lifetimes. 1. See supra, note 1, p. 79. 2. See supra, note 2, p. 79. 3. See supra, note 3, p. 79. Form No. 2194. (Precedent in 1 Wentw. Pl. 90; 1 Am. Pl. & Lawy. Guide 56.) [Markham and Le Blanc. Trinity Term, 26 Geo. III.]1 Middlesex, to wit. John Richards, clerk, and Andrew Jennings, executors of the last will and testament of Mary Hull, deceased, complain against Isabella Hull, being in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself, of a plea of trespass on the case upon promises, for that-whereas on the 11th day of June, A.D. 1784, at Westminster, in the county aforesaid, divers disputes, differences, and controversies had arisen, and were then and there depending between the said Mary H. in her lifetime, and one John Hughes; and thereupon, for the putting an end to the said disputes, differences, and controversies, the said Mary H. in her lifetime and the said John H. on the same day and year, at Westminster aforesaid, submitted themselves to stand to the award, order, arbitrament, final end, and determination of Francis Whyte and Robert Goode, both of said Westminster, arbitrators indifferently named, elected, and chosen, as well on the part and behalf of the said John H. as of the said Mary H.2 to arbitrate, award, order, judge, and determine of and concerning the said disputes, differences, and controversies, so as the award should be made in writing ready to be delivered on or before the 24th day of September then next ensuing; and whereas afterwards, and within the time in that behalf limited for the said Francis W. and Robert G. to make their award concerning the premises as aforesaid, to wit, on the said twenty-fourth day of September, A.D. 1764, the said Francis W. and Robert G. in due manner made their award, order, and determination in writing 3 of and concerning the premises so referred to them as aforesaid, then ready to be delivered to the said Mary H. and John H. and bearing date the day and year last aforesaid; whereby the said Francis W. and Robert G. did then and there amongst other things award and order that the said John H. his heirs, executors, or administrators, should, on or before the 25th of March next ensuing the date of the said award, well and truly pay, or cause to be paid unto the said Mary H. her executors, administrators, or assigns, the sum of nine hundred and eighty-three pounds and twopence halfpenny, with interest for the same after the rate of four pounds by the hundred by the year from the day of the date of the said award; and the said Francis W. and Robert G. did then and there by their said award farther award and order that the said John H. should within the space of one month then next ensuing execute to the said Mary H. a general release of all actions, suits, damages, accounts, reckonings, and demands whatsoever, from the beginning of the world to the day of the date of the therein recited bonds of arbitration; and that the 1. See supra, note 4. p. 82. 2. See supra, note 2, p. 79. 3. See supra, note 3, p. 79. said Mary H. should within the same time in like manner execute to the said John H. a like general release of all actions, suits, damages, accounts, reckonings, and demands whatsoever, from the beginning of the world to the day of the date of the said recited bonds of arbitration; of all which said premises, he the said John H. afterwards, to wit, on the twenty-seventh day of September in the year aforesaid, at Westminster aforesaid, had notice; 1 and the said John and Andrew in fact say that the said John H. afterwards, and after the making of the said award, to wit, on the 1st day of October A.D. 1765, at Westminster aforesaid, died intestate, possessed of and entitled unto divers goods, chattels, and effects of great value, to wit, of the value of three thousand pounds; and the said John and Andrew further say that administration of all and singular the goods, chattels, and credits, which were the goods, chattels, and credits of the said John H. at the time of his death, after the death of the said John Hughes, to wit, on the 1st day of November in the year aforesaid, at Westminster aforesaid, by Frederick by divine Providence archbishop of Canterbury, primate of all England and metropolitan, was in due manner committed to the said Isabella, to wit, at Westminster aforesaid; and by virtue thereof she, the said Isabella, to wit, on the day and year last aforesaid, at Westminster aforesaid, became and was possessed of divers goods and chattels, which were the goods and chattels of the said John H. at the time of his death; and the said John and Andrew further say that the said Mary H. afterwards, to wit, on the 10th day of November in the year aforesaid, at Westminster aforesaid, made her last will and testament in writing, and thereby constituted and appointed them the said John and Andrew executors thereof; and afterwards, to wit, on the day and year last aforesaid, at Westminster aforesaid, died; and the said John and Andrew further say that the said sum of nine hundred and eighty-three pounds and twopence halfpenny, in the said award mentioned, at the time of the death of the said Mary H., was wholly due and owing and unpaid to the said Mary H.; by reason of which premises the said Isabella as administratrix as aforesaid, became liable to pay to the said John and Andrew as executors as aforesaid, the said sum of nine hundred and eighty-three pounds and twopence halfpenny, in the said award mentioned, together with interest for the same from the day of the date of the said award after the rate of four pounds per cent. per annum; and being so liable, she the said Isabella in consideration thereof, afterwards, to wit, on the day and year last aforesaid, at Westminster aforesaid, undertook and faithfully promised the said John and Andrew to pay them the said sum of money in the said award mentioned, together with interest for the same as aforesaid, when she the said Isabella should be thereto afterwards requested (continuing and concluding as in Form No. 2188).2 1. See supra, note 2, p. 80. 2. A second count on another award, and a third count for money had and received, have been omitted from the form although found in the precedent. d. Declaration in Debt on an Award, Submission by Simple Agreement. Form No. 2195. (Precedent in 1 Saund. Pl. 184.)1 [In the King's Bench. Trinity Term, 9 Geo. IV. Southampton, to wit: Samuel Short complains of Richard Roe, being in the custody of the marshal of the Marshalsea of our lord the now king, before the king himself, of a plea that he render unto the said Samuel Short the sum of fifty pounds of lawful money of Great Britain which he owes to and unjustly detains from him. ]2* For that whereas heretofore, to wit, on the fourth day of January, in the year of our Lord one thousand eight hundred and one, at Andover, in said county,† a certain action of ejectment being then depending and at issue in the court of our said lord the king, at Westchester, wherein one John Doe (on the demise of the said Samuel Short) was the plaintiff, and the said Richard Roe was defendant; it was then and there, by a certain agreement in writing, bearing date the day and year aforesaid, agreed by and between them, the said Samuel Short and the said Richard Roe, that all matters in difference between them and the title to the premises in question, and the pleadings in the said cause mentioned, should be referred to the award, arbitrament, and determination of Joseph Hunt as arbitrator, indifferently chosen between the said parties; 3 that said Joseph Hunt should make his award in writing, ready to be delivered to the said parties on or before the first day of March then next, and that he, the said arbitrator, should have full power to order and direct that judgment in the said cause should be entered for the plaintiff; that judgment, as in case of nonsuit, should be entered for the defendant as the said Joseph Hunt should think proper, and generally to make such other orders therein as to him, the said Joseph Hunt, should seem meet, as in and by the said agreement, and reference being thereunto had, will amongst other things more fully and at large appear. And the said Samuel Short in fact saith, that after making the said agreement and within the time limited for making the said award, to wit, on the twenty-sixth day of Febru ary, in the year aforesaid, and at Andover aforesaid, the said Joseph Hunt, in pursuance of the agreement having accepted and taken upon himself the said reference, did make and publish his award in writing of and concerning the premises so referred as aforesaid, and ready to be delivered to the said parties, and bearing date the twenty-sixth day of February last aforesaid; and did thereby then. and there award, amongst other things, that he, the said Richard Roe, should within three months of the said award, pay to him, the said Samuel Short, or his attorney, his taxable costs, as defendant, 1. See also precedents in 5 Wentw. Pl. 336, 341, 344, 350, 357; Oliver's Prec. (1st ed.) 429. 2. The words enclosed in [ ] will not be found in the precedent, but have been added to render the form 3. See supra, note 2, p. 79. in the said ejectment, as by the said award, reference being thereunto had, will amongst other things more fully and at large appear. And the said Samuel Short in fact further saith that the costs of the said Samuel Short in the said cause were afterwards, to wit, on the twentieth day of March, in the year aforesaid, duly taxed at a large sum of money, to wit, of £50, of all which premises the said defendant afterwards, to wit, on the twentieth day of March, in the year aforesaid, at Andover aforesaid, had notice; yet the said defendant hath not paid, or caused to be paid unto the said Samuel Short, or his attorney, the said sum of £50, with the costs and charges aforesaid, but hath hitherto wholly refused and neglected so to do, and therein wholly failed and made default, whereby, and by reason of the said sum of money being and remaining wholly unpaid an action hath accrued to the said plaintiff to demand and have of and from the said defendant the said last mentioned sum of £50. Whereupon the said Samuel Short saith that he is injured and hath sustained damage to the amount of £60, and therefore he brings his suit, etc. Pledges to prosecute e. Same, Submission by Bond. Form No. 2196. John Den and Richard Fen. (Precedent in 2 Chit. Pl. 188; Tillingh. Forms 382; Humph. Prec. 671; Oliver's Prec. (1st ed.) 427.) (Commencing as in Form No. 2195, and continuing down to *.) For that whereas certain differences having arisen and being depending between the said John Doe and the said Richard Roe, the said John Doe heretofore, to wit, on the fourth day of January, A.D. 1780, at Andover, in said county, by a certain bond of arbitration, bearing date the day and year last above named, became bound to the said Richard Roe in a certain penal sum, in the said bond mentioned; and the said Richard Roe then and there by a certain other bond of arbitration, bearing date the said fourth day of January, last named, became and was bound to the said John Doe in a certain penal sum in the same bond mentioned, which said bonds were respectively conditioned to 1 abide the award and determination* of Joseph Hunt, of said Andover, an arbitrator indifferently elected and named, as well by 2 and on the part and behalf of the said Richard Roe as by and on the behalf of the said John Doe to arbitrate, award, order, adjudge, and determine of and concerning all, and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, judgments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time theretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending by and between the said 1. The substance only of the condition need be set forth. 2 Chit. Pl. 188, note x. 2. Where an action is brought upon an award it is necessary in the declaration to allege a mutual submission. Dilley v. Polhill, 2 Stra. 923; see also 2 Saund. 61 h, note 2. |