Sidebilder
PDF
ePub

CHAPTER XV.

AWARDS.

Recital.

[ocr errors]

An Award. To all to whom these presents shall come, I, A. B., of, &c., send greeting : Whereas, in and by two several bonds or obligations in writing, under the re- of bonds. spective bands and seals of C. D., of, &c., and E. F., of, &c., bearing date respectively on or about the, &c., the said C. D. became bound to the said E. F., and the said E. F. became bound to the said C. D., in the penal sum of L. with conditions thereunder written, to stand to, &c., [state the condition ;] and it was agreed between the said parties that the submission should be made a rule of court, which was afterwards accordingly done; and also that the costs and charges of the said bonds and obligations, and all costs and charges of and attending the said arbitration and award, should be in the discretion and subject to the award of me, the said A. B. Now, Operative know

ye
that I, the said A. B.,

having taken

upon myself the charge and business of the said award, and having been attended by the said parties and their respective attorneys, and having heard the allegations and proofs of both the said parties and their respective witnesses, concerning the several matters

part.

9 See Arbitration Bond, post.

Di award.

referred to me, do find, award, order, and determine in manner following ; (that is to say,) First, I do find, award, order, and determine, that there is justly

due and owing to the said C. D. from the said A. B. ion of the sum of L. ; and I do award, order, and

direct, that the said C. D., his executors or administrators, shall and do well and truly pay, or cause to be paid, to the said C. D., his executors or administrators, on, &c., between the hours of, &c., at, &c., the said sum of L. of lawful money of Great Britain ; and I do further award, order, and direct, that each of the said parties shall pay his own costs

, charges, and expenses of the said bonds of arbitration, and of his witnesses, and all matters whatsoever attending and incidental to the said reference, and that the costs and charges attending this my award shall be paid equally between them. And I do further award, order, and direct, that, upon pay. ment of the said sums of L. to the said C. D. as aforesaid, they, the said C. D. and E. F., shall and do duly execute and deliver to each other, at the expense of the party requiring the same, mutual general releases in writing of all matters heretofore in difference between them, and so referred to me as aforesaid. [Or say] “ Of all and every action and actions, cause and causes of action, bills, bonds, covenants, debts, rents, specialties, controversies, claims, and demands whatsoever." [Or shortly thus,] “ That after payment, &c., each of the parties, if required so to do, shall, at the costs and charges of the other of them, execute to the oiher of them a

* Or thus : “ That each of them, the said, &c., shall bear and pay his own costs incurred by him in and about the said submission and reference; and that the sum of L.

be ing the amount of the other costs attending the said submission and reference, and of making this award, shall be paid by the said C. D. to me, the said A. B., and that the sum of L.

being one moiety of the said sum of L. shall, after such payment as aforesaid, be paid by the said E. F. to the said C. D."

release of the matters so referred to me as aforesaid."

bonds.

An Award by an Umpire. To all, &c., I, J. P., the younger, of, &c., gent., send greeting. Wbereas P. Q., of, &c., of the one Recital of part, and A. B. and C. D., of, &c., and copartners, on the other part, have mutually entered into and reciprocally executed bonds or obligations to each other, bearing date, &c., in the penal sum of L. conditioned that, &c., so as the said award of the said arbitrators should be made on or before, &c.; but if the said arbitrators should not make such their award of and concerning the said differences and disputes by the time aforesaid, then, if the said parties in dispute should in all things well and truly stand to, abide, observe, perform, fulfil, and keep the award, order, arbitrament, umpirage, final end and determi. nation of such person as should thereafter be chosen by the said arbitrators between the said parties, of and concerning the said differences, so as the said umpire shall make his award or umpirage of or concerning the same on or before, &c. And whereas Recital that the said R. S. and B. W. met upon the said arbitra- arbitrators tion, and did not make their award between the said parties by the time limited in and by the conditions their award. of the said bonds; and in pursuance of such conditions have, by a note or writing under their hands, bearing date

chosen and appointed me as umpire to settle and determine the matters in difference between the said parties. Now know ye, The award. that I, the said J. P., the umpire named and chosen as aforesaid, having taken upon me the burden of the said arbitration, and having heard and examined, as well the said parties as their respective attorneys or solicitors, and their respective witnesses, proofs and allegations on both sides, of and concerning the said disputes and differences between them, and fully considered the same and the matters to me referred, do make this my award and umpirage in

met, but did not make

[ocr errors]
[ocr errors]

manner following ; (that is to say,) I do, &c. (See preceding forms.) In witness, &c.

Notice of award being made.

The recitals requisite in the award.

Form of re

Observations on Awards. When the award is made, the arbitrators should give notice to the parties or their attorneys of the same being ready. The original award is generally delivered to the party in whose favour the same is made, and a copy delivered to the other, unless particularly required. The notice is deemed the publication of the award. (Musselbrook v. Dunkin, 9 Bing, 605.)

The recitals in the award of the submission should set forth so much of its substance as may be requisite to show the authority of the arbitrator or umpire, with respect to the subject matter of reference. İf bonds, the recital of each may be separate, thus :

Whereas A. B., of, &c., by a bond dated the, &C., cital by bonds. under his hand and seal, became bound to C. D., of,

&c., in the penal sum of L. ; and the said C. D., by another bond, dated, &c., in the like penal sum, with conditions written under the same several bonds,” (setting out so much of the submission as relates to the award, and state the enlargement, if

any.) If it be by indenture, it may be after this By indenture manner : “ Whereas, by an indenture bearing date, of enlarge- &c., and made between, &c., after reciting, &c.; and

whereas, by an indorsement on the said, &c., bearing date, &c., and under the hands of all the parties to the said, &c., they the said parties mutually and reciprocally consented and agreed that the time for the said arbitrator making his award should be enlarged

to, &c., and that they would in all respects abide by If enlarged the terms of the said,” &c. If enlarged by the arbiunder a

trator under a power : “And whereas I, the said arbitrator, in and by two several indorsements on the said, &c., did, by a memorandum in writing under my hand, enlarge the time for making my said award until

, &c., pursuant to the said recited power.” If the submission was made under an order of nisi prius

ment.

power.

at the assizes: “ Whereas, at the assizes holden at, If by order of &c., in and for the county of, &c., on, &c., before, nisi prius. &C., (style of the judge and court,) on the trial of a cause wherein A. B. was plaintiff, and C. D. defendant, it was then and there ordered by the court, by and with the consent of the said parties, their counsel and attorneys, that, &c., (according to the order,) a verdict should be entered for the plaintiff for L. damages, subject to the award of the arbitrator thereinafter named, and that it should be referred to the award, order, arbitrament, final end, and determination of me, A. A., of, &c., barrister-at-law, to settle all matters in difference between the parties.” The operative part of a common award is thus : “ Now Forms of the know ye, that I, the said, &c., having taken upon

operative

part. myself the burden of the said arbitration, and having heard and duly considered all the allegations and evidence of the said respective parties of and concerning the said matters in difference, and so referred as aforesaid, do make this my award in writing of and concerning the said matters in difference so referred, and do hereby award, order, determine, and direct, that,” &c. : Or, if a reference by order, &c. : “ Now, I, the said A. A., having taken upon me the burden of the said reference, and having examined upon oath all such witnesses as were produced before me by the said parties respectively, and having duly weighed and considered all the allegations, proofs, and vouchers made and produced before me, do award, order, and adjudge, that," &c.

« ForrigeFortsett »