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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
C. M. D.

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General Submission.

E. B. K.

M. M. B.

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, shalĺ 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 further mutually covenant and agree, to and with each other, that we will in all 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.

Special Submission.

A. B. [L.. s.]
C. D. [L. 8.]

Whereas a controversy is now existing 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,

1 Statutes O. 179.

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.]

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 void, or else to remain in full force. Sealed and delivered in presence of

Y. Z.

then this

obligation to be
A. B. [L. S.]
C. D. [L. S.]

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

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-
going.]

Notice to Arbitrators of their Appointment.

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 which, as 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.

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In the matter of an arbitration, of and con-
cerning certain matters in difference be-
tween 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

day of, &c.

Dated the

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[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 according 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. P. Q.

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greeting:

The People of the State of California, to

and "

We command you, and each of you, personally to appear and attend at the house of E. P., in the town of

day of

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in said county, on the 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 [or, 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

1859.

day of 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 us in writing, and entered as an order of the fourth District Court [or as the case may be], on the

day of

18

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A. B.

C. D.

Notice of Revocation by one Party (the Submission not having been entered as an Order of Court.)

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To C. D.: You are hereby notified, that I have this day revoked the powers of P. Q., R. 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.] Dated the

day of 1859.

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Award.

day

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 ,,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. shall 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 prosecute 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 ensuing the date hereof, seal and execute unto each other, mutual and 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.

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