No. LXXIV. *An Appointment of Arbitrators in pursuance of an Agreement of reference (1); and Covenant to abide Award. APPOINTMENTS. Arbitrators. TO ALL TO WHOM THESE PRESENTS SHALL COME (the parties in difference) of, &c., SEND GREETING. WHEREAS, &c. [recite the deed (if any), under which the reference is made.] AND whereas it was thereby agreed amongst other things, that if any doubt or question should arise between either of the parties thereto as to the just amount of the said debt [or as the case may be], the same should be referred to two arbitrators to be appointed, the one by each of the parties, or by an umpire or assistant arbitrator, to be by such nominees appointed, in the usual way of arbitration. AND whereas differences have arisen as to some of the items of the said account, [or as the case may be]. NOW THESE PRESENTS WITNESS, that they the said (parties in difference), in pursuance of the said in part recited agreement, HAVE respectively nominated and appointed, and by these presents Do nominate and appoint of, &c., and of pursuance arbitrators between them relative to the said differences, with power for them the said (arbitrators) to appoint a third person either before or after the commencement of their deliberations thereon (2). AND THESE PRESENTS FURTHER WITNESS that, in of the same agreement, they, the said (parties in difference), for themselves severally and respectively, and for their several and respective executors and administrators, do hereby covenant, promise, and agree with and to each other, and the executors and administrators of each other, in the manner following, that is to say, that they, the said (parties in difference), respectively shall and will well and truly observe, perform, abide by, and keep the award or determination of them the said (arbitrators), or of such other person as they may name as umpire or to assist them in their award, or of any two of such three persons, in or concerning the matters and things so referred to (1) See ante, No. LXIII. p. 211. notes. (2) See appointment of an assistant arbitrator, post. No. LXXV. p. 243. WITNESS. Parties appoint arbitrators. Covenant to abide award. APPOINTMENTS. Arbitrators. Rule of Court. tors. them the said (arbitrators) as aforesaid, or in relation thereto, so, nevertheless that such award or determination be made in writing under the hands of them the said arbitrators or umpire, within the space of one calendar month next after the date hereof, or such other postponed time as the said arbitrators, or the parties hereto, shall hereafter appoint. AND it is hereby further declared and agreed, that this present reference or submission, shall or may be made a rule of his Majesty's Court of King's Bench, at Westminster, on the application of either of the parties hereto, his executors, administrators, or Attend arbitra- assigns. And the said parties hereto do hereby respectively agree to attend the said arbitrators or umpire when required, and to be examined upon oath relative to all or any of the matters aforesaid; and also to produce unto and deposit with the said arbitrators or umpire, all papers, writings, and evidences in their respective custody or power concerning the same. AND, moreover, that the said arbitrators or umpire shall or may award the costs of this submission, and by whom the same shall be paid. AND lastly, each of the said parties for the due observance and performance by him, his heirs, executors and administrators, of the aforesaid covenants and agreements, doth bind himself, and themelves, and every of them respectively, in the penal sum of £ (1). IN WITNESS, &c. Costs. Penal sum. Penal sum. (1) As to penal sums, see ante, p. 65. n. (3). No. LXXV. *An Appointment of a Third Arbitrator (1), by two Arbitrators already named, to be indorsed on the Deed of Submission. APPOINTMENTS. Arbitrators (Assistant). WE (arbitrators) the arbitrators within named by this instrument in writing under our hands, in pursuance of the authority to us in or by the within written deed or instrument given for that purpose, do nominate and appoint (third arbitrator), of, &c., a third person or ar bitrator, for determining jointly or together with ourselves, the matters in difference within referred to us. IN WITNESS, &c. (1) See ante No. LXXIV. and if the appointment be of an umpire, Umpire. see post. "APPOINTMENT, Umpire." APPOINTMENTS. Arbitrators (Master and Servants). No. LXXVI. *An Appointment of Arbitrators for determining disputes between a Master and his Workmen, pursuant to an Act of Parliament (1). 4 Geo. IV. c. 96. the intituled, I, A. B. of, &c. [set forth the name, residence, and description of (1) See the Act of 4 Geo. IV. c. 96. (post. p. 245.), of which, being so recent an act and likely to be frequently had recourse to, I have thought it fit to give an abstract. *An Abstract of 4 Geo. IV. c. 96. relative to reference of disputes between Masters and Workmen to Arbitration (1). APPOINTMENTS. Arbitrators (4) Geo. 4. c. 96). By the above mentioned act it is provided, § 2. That the subjects of dispute after mentioned arising between masters and workmen, or between workmen and those employed by them, in any trade or manufacture in any part of the United Kingdom of Great Britain and Ireland, may be settled and adjusted in manner hereafter mentioned; (that is to say) disagreements respecting the price to be paid for work done, or in the course of being done, whether such disputes shall happen or arise between them respecting the payment of wages as agreed upon, or the hours of work as agreed upon, or any injury or damage done or alleged to have been done to the work, or respecting any delay or supposed delay in finishing the work, or the not finishing the work in a good and workmanlike manner, or according to any contract, or to bad materials; cases where the workmen are to be employed to work any new pattern which shall require them to purchase any new implements of manufacture, or to make any alteration upon the old implements, for the working thereof, and the masters and workmen cannot agree upon the compensation to be made to such workmen for or in respect thereof; disputes respecting the length, breadth, or quality of pieces of goods, or, in the case of cotton manufacture, the yarn thereof, or the quantity and quality of the wool thereof; disputes respecting the wages or compensation to be paid for pieces of goods that are made of any great or extraordinary length; disputes in the cotton manufacture respecting the manufacture of cravats, shawls, policat, romal, and other handkerchiefs, and the number to be contained in one piece of such handkerchiefs; disputes arising out of, for, or touching the particular trade or manufacture, or contracts relative thereto, which cannot be otherwise mutually adjusted and settled; disputes between masters and persons engaged in sizing or ornamenting goods; but nothing in this act contained shall authorize any justice or justices acting as hereinafter mentioned to establish a rate of wages or price of labour or workmanship, at which the workmen shall in future be paid, unless with the mutual consent of both master and workmen: Provided that all complaints by Causes of dis pute which may be referred. (1) (Sec ante, p. 244.) |