AWARD.

Dissolution

copartnership.

No. CLXXI.

*An Award of Dissolution of Partnership.

TO ALL TO WHOM, &c. (1) Now FIRSTLY I DO Award, order, and adjudge, that the said partnership shall be deemed and taken to have ended and been determined on and from the day of which was in the year of our Lord SECONDLY, I do award, order, and direct that the said (one party), his executors or administrators, shall and may demand, have, and receive, to his or their own use, without the interference of the said (other party) all debts due and owing to the said co-partnership from any person whatsoever, and shall and may use the name of the said (second party) in any action or suit to be commenced for the recovery of any such debt or demand. THIRDLY, I do award, order and direct, that the said (first party), his executors or administrators, shall and do bear, pay, and discharge all debts, demands, damages, and claims whatsoever due or owing by, or which any person hath or can make against the said co-partnership or the said (second party) in respect thereof, and shall and do indemnify and keep harmless the said (second party) from and against all such debts, demands, damages, and claims, and from and against any loss or damage that may be incurred or sustained by the said (second party), 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 (first party), his executors and administrators. FOURTHLY, I do award, order, and direct, that the said (second party) shall and do, at any time or times, upon the request of the said (first party), his executors or administrators, deliver up to the said (first party), 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 (second party), in anywise relating to or concerning the business of the said co-partnership. IN WITNESS, &c.

(1) See ante, p. 578.

No. CLXXII.

*An Award by Arbitrators or a Nominee appointed for determining the proportion of Interest Money to be paid by the present and succeeding Incumbents, for money borrowed for the purpose of the Act of 17 Geo. 3. c. 53 (1).

WE (arbitrators) of &c., [if the arbitrators be appointed by the parties
in difference,] having been appointed by &c. [or if a nominee appoint--
ed by the ordinary,] I the Rev. A. B. of in the county of
and diocese of the Bishop of
Clerk,] having been nomina-
pursuant to the power given by an

ted by the said Bishop,

act passed in the seventeenth year of the reign of His Majesty King
George the Third, intituled, " An Act to promote the Residence of
the Parochial Clergy," by making provision for the more speedy and
effectual building, rebuilding, repairing, or purchasing houses and
other necessary buildings and tenements for the use of their benefices,
to adjust and determine the matter in dispute between the Reverend
elerk, the present incumbent of the rectory, vicarage,
within the said diocese, and
the representa-

&c. of
tives of the last incumbent [in case of his death,] or the said
[in case of his resignation or promotion,] concerning the due pro-
portion to be paid by each of the said parties, of the principal and
interest which accrued due within the year in which such death or
avoidance happened, according to the direction and true intent and

(1) By the above-mentioned act as amended by 21 ib. c. 66. incumbents of livings upon which there is no commodious house of residence, are empowered, with the consent of the ordinary and patron, to borrow money upon mortgage of the glebe, &c. for erecting such house of residence; and the act directs that in case of any dispute between the present and succeeding incumbent, as to payment of the principal and interest-money, it shall be determined by two indifferent persons, to be named, the one by each party; and that in default of such nominees being appointed within two calendar months, or in case of their not agreeing within one calendar month after they shall have been appointed, the same shall be determined by some neighbouring clergyman, to be nominated by the ordinary, [for the form of such nomination see post. "NOMINATION."]

AWARD.

Interest money.

(17 Geo. 3.)

AWARD.

Interest money. (17 Geo. 3.)

meaning of the said act. AND having heard and duly considered
the said matters so referred to us as aforesaid, do award, adjudge,
and determine, That the said
shall pay in respect of the

interest and principal which became due within the year aforesaid,
the sum of £
and that the said
shall pay in respect

of the same, the sum of £ , being the remainder thereof, accord-
ing to the provision and direction of the said act. Given under our
hands this

day of

Stamp.

No stamp is requisite upon this instrument.

No. CLXXIII.

An Umpirage or Award made by an Umpire (1) appointed by
Arbitrators.

AWARD.

Umpire.

day of

of submission.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I the undersigned (umpire) of, &c. SEND Greeting. WHEREAS by indenture Recital of deed bearing date the last past, and made or expressed to be made between (one of the parties in difference) of, &c. of the one part, and (the other party in difference) of, &c. of the other part, the said (parties in difference) mutually agreed to refer the disputes then subsisting between them to the judgment and arbitration of (the arbitrators) of, &c. and it was thereby agreed that in case the said (arbitrators) should not agree upon their award within the space of one calendar month from the date of the said indenture, they should be at liberty to name and appoint any other indifferent person to be umpire between them, in considering and determining all or any of the premises thereby to them referred. AND WHEREAS Of appointment the said (arbitrators) not being able to agree upon an award (2) to be by them made in relation to the matters so to them referred, by a certain deed-poll under their respective hands bearing date the day of last past, named and appointed me the said (umpire) to be umpire between them, relative to the matters so referred to them as aforesaid, and did thereby refer all and singular the matters and things so to them referred unto the judgment and final determination of me the said (umpire) accordingly. Now Award of the KNOW YE, that I the said (umpire) having taken upon me the burthen of the said umpirage, and having heard and duly weighed the

(1) The annotations made in the preceding pages (see ante, No. CLXIII.) p. 578. upon the subject of an award by arbitrators, may be equally applied to that here given of an award by an umpire.

(2) It is not necessary, though usual, that the umpire should state in his umpirage the disagreement of the arbitrators; Springens v. Nash, 5 Maul, and Sel. 193.

of umpire.

umpire.

AWARD.

Umpire.

Umpire may

proceed on report of arbitra

tors.

allegations of both the said parties, and the report of the said (arbitrators) (1) concerning the matters so in difference between the said parties, and to me referred as aforesaid, and examined the various vou ers, documents and evidences relative thereto, Do, by these presents in writing under my hand and seal, arbitrate, award, order, adjudge and determine, that, &c. [pursue the terms of the award as in ante, No. CLXIII. p. 579. or as the case may otherwise require.]

(1) It was formerly holden that an umpire could not proceed on the report of the arbitrators, but must hear the whole matter anew; Tasker v. Keary, 2 Barnardiston, 317; but it has since been decided that he may receive the evidence from them without examining the witnesses, unless, before the making of his award, he were requested to examine them; Hall v. Lawrence, 4 Durnf. and E.,589.

END OF VOL. I.

G. Woodfall, Printer, Angel Court, Skinner Street, London.