Sidebilder
PDF
ePub

An award which leaves nothing to be done, to dispose of the whole matter in controversy, except mere ministerial acts, is sufficiently final and certain.'

By the constitution of California, tribunals of conciliation are: authorized to be established, but no action has yet been had in the legislature on the subject; should such tribunals be established, they will be found to differ very slightly in character from our present courts of arbitration, and the forms used in the one can readily be adapted to the other.

O REG ON.

The foregoing provisions apply substantially to Oregon, except so far as modified by the following sections of the statutes of that state on the subject. No statutory provision upon the subject of arbitration appears in the laws of Washington Territory.

All controversies which might be the subject of a personal action at law, or of a suit in equity, may be submitted to the decision of one or more arbitrators.”

No such submission shall be made respecting the claim of any person to any estate in fee or for life to any real estate, but any claim to an interest for a term of years, or for one year or less, in real estate, and controversies respecting the partition of lands between joint tenants, or tenants in common, or concerning the boundaries of lands, or concerning the admeasurement of dower, may be submitted to arbitration; but nothing in this chapter contained shall preclude the submission and arbitrament of controversies according to the common law.”

The parties may appear in person, or by their lawful agents or attorneys, before any justice of the peace or clerk of the District Court, and there sign and acknowledge an agreement in substance as follows:

Know all men that A. B., of , and C. D., of , have agreed to submit the demand, a statement whereof is hereto annexed [and all other demands be

tween them, as the case may be], to the determination of , and ; the award of whom, or

* 1 28 Barb. 187. * Statutes O. 176.

the greater number of whom, being made and reported within days from this date, to the District Court for the county of , shall be final; and if either of the parties shall neglect to appear before the arbitrators, after due notice given them of the time and place appointed for hearing, the other parties may proceed in his absence. Dated this ay of , A. D., 185 à. #.

And the justice or clerk shall subjoin to the said agreement his Certificate, in substance as follows:

State of Oregon,

County of , is

Personally appeared before me, the above named A. B. and C. D., (or, personally appeared, the above named A. B., and the said C. D., by , his attorney, as the case ma k], and acknowledged the above instrument, by them signed, to be their free act.

Dated this day of 185 .

J. P., Justice of the Peace.

If any specific demand be submitted to the exclusion of others, the demand submitted shall be set forth in the statement annexed to the agreement of submission, otherwise it shall not be necessary to annex any statement of a demand, and the words in the agreement relating to such statement may be omitted, and the submission may then be of all demands between the parties, or of all demands which either of them has against the other, or the submission may be varied in this respect, in any other man. ner, according to the agreement of the parties.'

The award shall be delivered by one of the arbitrators to the clerk of the District Court, designated in the agreement of submission, or shall be enclosed and sealed by them and transmitted to the clerk, and shall remain sealed, until opened by such clerk."

The award may be returned at any term or session of the court, that shall be held within the time limited in the submission; and the parties shall attend at every such term or session, without any express notice for that purpose, in like manner as if an action for the same cause were pending between them in the same court; but the court may require actual notice to be given to either party, when it shall appear to them necessary or proper, before they proceed to act upon the award." Upon such award being confirmed or modified, the court shall render judgment in favor of the party to whom any sum of money or damages shall have been awarded, that he recover the same; and if the award shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such order. The costs of proceedings shall be taxed as in suits, and if no provision for the fees and expenses of the "arbitrators shall have been made in the award, the court shall make a suitable allowance.' A record of such judgment shall be made, commencing with a memorandum reciting the submission, then stating the hearing before the arbitrators, their award, the proceedings of the court thereupon, in modifying or confirming such award, and the judgment of the court for the recovery of the debt or damages awarded, or other act to be done, and that the parties perform the acts ordered by the award, and for the recovery of the costs allowed.” Such record shall be filed and docketed as records of judgments in other cases; shall have the same force and effect in all respects; be subject to all the provisions of law in relation to judgments in actions, and may in like manner be moved and reversed by writ of error or appeal, and execution shall issue thereupon.” If there be no provision in the submission concerning the costs of the proceedings, the arbitrators may make such award respecting the costs as they shall judge reasonable, including therein a compensation for their own services; but the court may reduce the sum charged for the compensation of the arbitrators, if it shall appear to them unreasonable.” Where, by such judgment, any party shall be required to perform any act other than the payment of money, the court rendering such judgment shall enforce the same by rule; and the party refusing or neglecting to perform and execute such act, or

1 Statutes O. 177.

1 Statutes O. 178. * id. 179

[ocr errors][ocr errors]

any part thereof, shall be subject to all the penalties of contemning an order of such court.'

FORMS.

General Submission—short Form.

We, the undersigned, mutually agree to submit and do hereby submit all our matters in difference, of every name or nature, to the award and decision of P. Q., R. S., and T. U., for them to hear and determine the same, and make their award in writing, On or before the fifth day of May next.

Witness our hands, this fourth day of March, 1860.

In presence of E. B. K.
C. M. D. | M. M. B.

General Submission.

Whereas differences have for a long time existed, and are now existing and pending, between A. B., of, &c., and C. D., of, &c., in relation to divers subjects of controversy and dispute: Now, therefore, we, the undersigned A. B. and C. D., aforesaid, do hereby mutually covenant and agree, to and with each other, that P. Q., R. S., and T. U., of, &c., or any two of them, shall arbitrate, award, order, judge, and determine, of and concerning all and all manner of actions, cause and causes of actions, suits, controversies, claims, and demands whatsoever, now pending, existing, or held, by and between us, the said parties; and we do i. mutually covenant and agree, to and with each other, that we will in o things faithfully observe keep and abide by the decision and award said arbitrators shall make in writing, on or before the day of A. D. 1860. .

Witness our hands and seals this tenth day of August, 1859.

A. B. [L. S.]

C. D. [L. s.] Special Submission. o

Whereas a controversy is now o and pending, between A. B., of &c., and C. D., of, &c., in relation to certain mining claims and quartz mills, made by and between the said parties, at the town of , aforesaid, on the day of

last past: Now, therefore, we, the undersigned A. B. and C. D., aforesaid, do hereby submit the said controversy to the arbitrament of P. Q., R. S., and T. U., of, &c., or any two of them ; and we do mutually covenant and agree, to and with each other, that the award to be made by the said arbitrators, or any two of them, shall, in all things, by us, and each of us, be well and faithfully kept and observed; provided, however, that the said award be made in writing, under the hands of the said P. Q., R. S., and T. U., or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the day of next. Witness our hands, [as in the foregoing.]

1 Statutes O. 179.

Bond of Arbitration.

Know all men by these presents, that I, A. B., of, &c., am held and firmly bound to C. D., of, &c., in the sum of $500, lawful money of the United States, to be paid to the said C. D., or to his executors, administrators, or assigns, for which payment to be well and faithfully made, I bind myself, my heirs, executors, and administrators, firmly, by these presents. Sealed with my seal; dated the day of A. D. 1859.

The condition of this obligation is such, that if the above bounden A. B., his heirs, executors, and administrators, shall and do, in all things, well and truly abide by, perform, fulfil and keep the award, order, arbitrament, and final determination of M. N., O. P., and Q. R., of, &c., arbitrators as well on the part and behalf of the above bounden A. B., as of the above-named C. D., to arbitrate, award, order, judge, and determine, of, and concerning all and all manner of action and actions, cause, and causes of actions, suits,bills, bonds, specialities, judgments, executions, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time heretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending by and between the said parties, so as the said award be made in writing, under the hands of the said M. N., O.P., and Q. R., or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on

or before the day of , then this obligation to be void, or else to remain in full force. A. B. [L. s.] Sealed and delivered in presence of | C. D. [L. s.] Y. Z.

Condition of Bond on a Special Submission.

The condition of the above obligation is such: That if the above bounden A. B. shall well and truly submit to the decision of M. N., O.P., and Q. R., named, selected, and chosen arbitrators, as well by and on the part and behalf of the said A. B., as of the said C. D., between whom a controversy exists, to hear all the proofs and allegations of the parties, of and concerning a cer

« ForrigeFortsett »