APPOINTMENTS. Trustees (new) of a company. or defending the real or personal estates, goods, chattels, property, and effects of the said company, or any part thereof, in such manner and form as shall be deemed expedient or advisable in that behalf, they They being inand each of them, and their respective heirs, executors and admi- demnified. nistrators, being well and sufficiently indemnified and saved harmless, of, from and against all costs, damages, and expences to be by them, or any or either of them sustained, or liable to pay, bear or sustain by reason thereof. AND in consideration of the premises Directors release aforesaid, they the said (directors), as such directors as aforesaid, do retiring trustees. hereby, on the part and behalf of the said company and the several proprietors thereof, so far as they lawfully can or may, acquit, release, exonerate, and discharge the said (retiring trustees), and each of them, and their respective heirs, executors and administrators, and their and his goods and chattels, and lands and tenements respectively, of, from, and against all and all manner of actions, suits, costs, charges, damages, expences, claims and demands which at any time hereafter shall or may be brought, instituted, had or prosecuted against them, or any or either of them respectively, or which they or any or either of them shall or may sustain or be put unto on account or by reason of their having respectively been or acted as trustees of the company of proprietors aforesaid or otherwise, in the due performance of the trusts or duties in them respectively reposed in anywise relating thereto. IN WITNESS, &c. APPOINTMENTS. Trustees (new) of a company. A. B. assigns to continuing and new trustees upon the trusts, &c. of the within indenture. Re-conveyance by A. B. of the Property vested in him, and to be indorsed upon the preceding Deed (1). KNOW ALL MEN BY THESE PRESENTS, that the within named A. B. in pursuance and execution of the trusts in him reposed, in or by the within written indenture, and in consideration of the sum of 5s. of lawful money of Great Britain to him in hand paid by the within named (continuing and new trustees), at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, HATH bargained, sold, assigned, transferred and set over, and by these presents DoтH bargain, sell, assign, transfer and set over unto the said (continuing and new trustees), their executors, administrators and assigns, all, every and singular the leasehold messuages or tenements, and all, every and singular the goods, chattels, bonds, warrants of attorney, judgments, debts, securities and personal estates and effects whatsoever, assigned to or otherwise vested in him the said A. B., in or by the said within written indenture or intended so to be, as within is expressed, with their and every of their rights, members, incidents and appurtenances, and all the estate, right, title and interests, trust, property, possession, benefit, advantage, claim, and demand whatsoever, both at law and in equity, of him the said A. B. of, in, to, or out of the same premises, and every and any part thereof, under or by virtue of the said within written indenture, or otherwise howsoever, in relation thereto, To HAVE AND TO HOLD the said leasehold messuages or tenements, and chattels, and personal estate and effects, and all and singular the premises hereby assigned or intended so to be, with their respective rights, members and appurtenances, unto them the said (continuing and new trustees), their executors, administrators or assigns, for all and every the term or period of years, and estates, and interests whatsoever, which is, are, or were assigned or otherwise assured to or vested in him the said A. B. in or by the said within written indenture: But nevertheless, to and for the use and benefit and upon and for the trusts, ends, intents and purposes, in or by the within written indenture, declared, expressed or referred unto, of or concerning the same, or to, upon, or for which they the said (continuing and new trustees), (1) See ante, pp. 350. n. (3). 365. n. (1). their executors, administrators and assigns, ought or are intended to hold, possess, or stand interested in the same respectively, under or by virtue of the within written indenture, and the said indenture of settlement therein referred to, or otherwise howsoever, and to, for or upon no other use, trust, intent or purpose whatsoever. IN WITNESS, &c. APPOINTMENTS. Trustees (new) of a company. APPOINTMENTS. Umpire. No. CXI. Appointment of an Umpire by Arbitrators disagreeing upon their award. Variations where the nomination is previously to or during the subsistence of their reference. TO ALL TO WHOM THESE PRESENTS SHALL COME, Recital of deed dersigned (arbitrators), of, &c., SEND GREETING. indenture (1) bearing date the We the underWHEREAS by last past, and of submission to arbitration. And power to appoint umpire. day of made or expressed to be made between (one of the parties in difference), of, &c. of the one part, and (the other party), of, &c. of the other part, the said (parties in difference) agreed to refer certain differences then subsisting between them, and therein mentioned, to the judgment and arbitration of us the said (arbitrators). AND WHEREAS, it was thereby declared and agreed, that if we did not agree upon our award within the space of one calendar month, from the date of the said indenture, or without any such difference, if we should think proper, we should be at liberty to name and appoint any other Of difference of person as umpire, or to assist us concerning the same. AND WHEREAs we have taken the matters so referred to us into our consideration (2), but cannot agree upon the award to be made concerning the opinion between arbitrators. Reference by bond. Third person may be nominated before differ ence of arbitra tors. (1) If the reference to arbitration be by mutual bonds, say, "WHEREAS by mutual bonds under the respective hands and seals of the said (parties in difference) bearing date on the day of last past, the said (parties in difference) agreed to refer, &c." as above. (2) Where arbitrators have a general power to choose an umpire, they may elect one during or previously to their examination of the matters referred to them; Roe dem. Wood v. Doe, 2 Term. Rep. 644; Harding v. Watts, 15, East, 556; and cases there cited. And unless restrained by the terms of the submission, they may choose the umpire after the time allowed them for making their award, so that they do it before the time allowed the umpire to make his award; ibid. But APPOINTMENTS. umpire. same. Now KNOW YE, that in pursuance of the power and authority so vested in us, by the hereinbefore in part recited indenture, WE the Umpire. said (arbitrators) HAVE nominated and appointed, and by these Appointment of presents Do nominate and appoint (the umpire) (1), of, &c. to be umpire (2) between us in relation to the matters so referred to us as aforesaid, and do hereby refer all and singular the matters and things so referred to us unto the judgment and final determination of him the said (umpire) accordingly. IN WITNESS, &c. if their power of electing be only in the event of their not agreeing upon an award within a given period, and they name him before the time limited for making the award has expired, the nomination will be a nullity; Reynolds v. Gray, 1 Ld. Raym. 232; 1 Salk. 70. S. C. see also Mitchell v. Harris, 1 Ld. Raym. 671; 1 Salk. 71. S. C. 12 Mod. 512, S. C. such nomination however will not vitiate their award; Beck v. Sargent, 4 Taunt. 232. (1) If the nomination be of a third person to assist in the arbitration, Third person say, "To assist us the said (arbitrators) in and concerning the matters and things so to us referred as aforesaid." (2) The election of an umpire is a determination of the authority of the arbitrators, even though he refuse the umpirage, unless the nomination be on condition of his accepting the reference, or unless he be named expressly for the purpose of assisting them in their award; Reynolds v. Gray, 1 Ld. Raym. 222; 1 Salk. 70. S. C. 12 Mod. 120. S. C.' named to assist, Election of umpire determines authority of arbitrators. It is not necessary that the appointment of an umpire by the arbi- Stamp. trators should be stamped. See Routledge v. Thornton, 4Taunt. 704. |