« ForrigeFortsett »
tain mining claim made by and between them, at the town of , aforesaid, on the day of, &c., and all matters relating thereto; so as the award be made, &c., [as in the fore
To P. Q., R. S., and T. U., Esquires:
You are hereby notified, that you have been nominated and chosen arbitrators, as well on the part and behalf of the undersigned A. B., of, &c., as of C. D., of, &c., also undersigned; to arbitrate, award, &c. [specifying the time within who, (IS stated in the submission or bond, the award must be made]; and you are requested to meet the said parties at the office of Y. Z., in the town of Dry Creek, aforesaid, on the day of, &c., at ten o'clock in the forenoon of that day, for the purpose of fixing upon a time and place when and where the proofs and allegations of the said parties shall be heard.
Dated the day of, &c.
In the matter of an arbitration, of and concerning certain matters in difference between A. B. of the one part, and C. D. of the other part. Sir: You will please take notice that the arbitrators have appointed a hearing in the matter above specified, to be had before them, at the house of E. P., in the town of, &c., on the
Arbitrator’s Oath. [To be administered by any officer authorized to administer oaths.] You do severally swear, faithfully and fairly to hear and examine the matters in controversy between A. B., of the one part, and C. D., of the other part, and to make a just award accord. ing to the best of your understanding.
Another Form, in writing.
We, the undersigned, arbitrators, appointed by and between A. B. and C. D., do swear that we, respectively, will faithfully and fairly hear and examine the allegations and evidence of the said parties in relation to the matters in controversy between them, and will make a just award therein, according to the best of our understanding. F. S.
T. U. Sworn to, this day of 18 , before me, E. K., Justice of the Peace.
Subpama on Arbitration.
County, ; * The People of the State of California, to , and y eeting: e command you, and each of you, personally to appear and attend at the house of E. P., in the town of , in said
county, on the day of instant, at ten o clock in the forenoon of that day, before P. Q., R. S., and T. U., arbitrators chosen to determine a controversy |. certain matters in controversy], between A. B. and C. D., whereof the submission is on file in this court, then and there to testify in relation thereto, before said arbitrators, on the part of the said A. B. Hereof fail not at your peril. Witness, Hon. Saml. B. McKee, Judge of the District Court of the 3d Judicial District in and for the county of Santa Clara, and the seal of said court, this day of 1859. J. B. HEWSON [L. s.], Clerk.
Oath of Witness before Arbitrators.
You do solemnly swear [or affirm] that the evidence you shall give to the arbitrators here present, on a controversy [or, on certain matters in controversy], between A. B. and C. D., shall be the truth, the whole truth, and nothing but the truth, so help you God.
Revocation by both Parties.
To P. Q., R. S., and T. U., Esquires: Take notice, that we do hereby revoke your powers as arbitrators under the submission made to you by usin writing, and entered as an order of the fourth District Court [or as the case may be], on the day of , 18 . & É.
Notice of Revocation by one Party (the Submission not having been entered as an Order of Court.)
To C. D.; In mmmin
You are hereby notified, that I have this day revoked the powers of P. Q., }. S., and T. U., arbitrators chosen to settle the matters in controversy between us; and that the following is a copy of such revocation: [Insert the revocation, made by one of the parties only.]
ated the day of , 1859. Yours, &c., A. B.
In the matter of the arbitration of certain matters in difference between A. B., on the one part, and C. D., on the other.
Know all men, that P. Q., R. S., T. U., to whom were submitted, as arbitrators, the matters in controversy existing between A. B., of, &c., and C. D., of, &c., as by their submission in writing, and bearing date the day , A. D. 18 , more fully appears: Now, having been first duly sworn according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing; that is to say, the said C. D. shall make, execute, and deliver to the said A. B., on or before the day of instant, a good and sufficient assignment of a certain bond and mortgage executed, &c., to the said C. D., &c.; and the said A. B. . pay, or cause to be paid, to the said C.
D., the sum of dollars, immediately upon the execution and delivery of the said assignment; [or, the said C. D. shall pay, or cause to be paid, to the said A. B., the sum of dollars,
within ten days from the date hereof, in full payment, discharge, and satisfaction, of and for all moneys, debts, and demands, due, Or owing from him, the said C. D., to the said A. B. ; or, the said C. D. shall henceforth forever cease to F. a certain suit commenced by him, against the said A. B., in the District Court of &c., now pending and undetermined in the said court; and the said A. B. shall pay, or cause to be paid, to the said C. D., On or before the day of, &c., the sum of dollars, in full satisfaction of the costs, charges, and expenses incurred by the said C. D., in and about the prosecution of his suit, as aforesaid.]. And we do further award, adjudge, and decree, that the said A. B. and C. D. shall, and do, within ten days next ensuin the date hereof, seal and execute unto each other, mutual an general releases of all actions, cause and causes of action, suits, controversies, claims, and demands whatsover, for, or by reason of any matter, cause, or thing, from the beginning of the world down to the date of the said submission.
In witness whereof, we have hereunto subscribed these presents, this day of , one thousand eight hundred and In the presence of C. M. D. P. Q. R. S. T. U.
Release to be executed by Party to an Arbitration, when required in the Award.
Know all men by these presents, That I, A. B., of the of , for and in consideration of the sum of one dollar to me in hand paid by C. D. of , and in pursuance of an award made by P. Q., R. S., and T. U., arbitrators between us, the said A. B. and C. D., and bearing date the day of y one thousand eight hundred and , do hereby release, and forever discharge the said C. D., his heirs, executors, and administrators, of and from all actions, cause and causes of action, suits, controversies, claims, and demands whatsoever, for, or by reason of any matter, cause, or thing, from the beginning of the world down to the day of , one thousand eight hundred and ... [Insert the date of the submission.]
In witness whereof, I have hereunto set my hand and seal, this day of , 1859. A. B. [L. S.]
In presence of C. M. D
ASSIGNMENT is the transfer, or passing over, of one’s right, interest and ownership, in any particular estate, property or thing, to another; which may be done in some instances by a simple delivery of the property, or by a verbal declaration to that effect, accompanied by the Intention between the parties, that the one parts with the thing or property, and that the other receives it and becomes the owner thereof. In general, however, this act is performed by delivering a writing showing the intention of the parties, which writing is itself called an assignment. An assignment may be a gift, a sale, or a temporary or conditional transfer of ownership or title; and may be made of lands, inheritances, goods, liens, claims, suits, rights—in short, any thing that is property. If it be necessary to bring suit upon a claim or other matter which has been assigned or sold, such suit must be brought in the name of the assignee, as the plaintiff. The statutes of this, state, and of Oregon and Washington, are uniform, in requiring every action to be prosecuted in the name of the real party in interest, with some exceptions, such as in certain cases of trusts.' Every assignment, in writing or otherwise, of any estate or interest in lands, or in goods in action, or of any rents or profits issuing therefrom, made with intent to hinder, delay or defraud creditors or other persons of their lawful suits, damages, forfeit. ureş, debts or demands, is void.” Every assignment, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making
| Wood's Dig, art. 789; Statutes O. 82; Stat- * Wood's Dig. art. 408; Statutes O. 529, utes W. 131,