Articles and at all times during the sd term of five yrs keep the of Clerk- secrets of the sd (M) and readily and cheerfully obey ship. and exte his lful and reasonable commands and shall not depart or absent himself from the service or employ of the sd (M) during the sd term witht his consent first obtained but shall from time to time and at all times during the sd term conduct himself with all due diligence honesty sobriety and temperance And that he the sd (F) his exs and ads shall and will at all times during the sd term at his and their proper costs and chas find and provide the sd (C) with all and all manner of necessary and becoming apparel and washing And also physic and medical advice and nursing in case of sickness And the sd (C) doth hby for himself and on his part consent and agree to and with the sd (M) his exs ads and ass that he the sd (C) shall and will truly and honestly serve the sd (M) at all times for and during the sd term as a faithful clerk ought to do in all things whatsr in the manner above specified In conson whof and of the sum of £ of lful, &c. by the sd (F) to the sd (M) in hand, &c. he the sd (M) for himMaster co- self his hrs exs and ads doth hby covt promise and agree with and to the sd (F) That he the sd (M) shall and will accept and take the sd (C) as his clerk and find and provide him with board and lodging And also shall and will instruct the sd (C) in the knowledge and practice of the law in the Cts at Westr as an atty and instruc- and solicitor in such manner as he the sd (M) now. practices and professes the same And also shall and will at the expiration of the sd term use his best endeavours at the request costs and chas of the sd (F) and (C) or either of them to cause and procure him the sd tance as an (C) to be admitted and sworn an attorney of his Maattorney, at jesty's sd courts of K. B. and C. P. or either of them the expira- or any other of his Majesty's courts of law or equity provided he the sd (C) shall have well and faithfully served his sd intended clkshp In Witness, &c.

venants to take clerk.

To provide

him with

board, lodging,

tion.

To procure his admit

tion of the clerkship.

Assignment of an Apprenticeship.

Obs. 1. By the custom of London, an apprentice, when he is assigned over, must attend at the Chamberlain's Office, and the master must take his freedom with him. If the assignment is not passed at the office, it is void. If an apprentice be assigned by the representative of a deceased master, probate of administration must be produced.

2. The 55 Geo. III. c. 184, imposes the same ad valorem duty on the assignment of an apprentice (not turned over by the parish) where there shall be a valuable consideration given as was charged on the original indenture. Where there is no new consideration, the usual stamp of 17., or if the indenture contain more than 1080 words, 14. 15s. Where there are two parts, each part is charged

with the same duty, when it does not exceed thirty-five shillings; Assignand when it does, then one part is charged with the ad valorem ment of duty, and the counterpart with 17. 15s. The part bearing the ad valorem to be kept by the former master or mistress, or the apprentice, and the counterpart by the new master or mistress.

Indenture.

ment to as

sign ap

prentice.

This Indenture made, &c. Betn (master) of, &c. and (apprentice) of the one pt and (new master) of, &c. of the or. pt Whas (A) son of A B of, &c. by indre Recital of bearing date, &c. and made betn, &c. was duly bd to indentures the sd (M) for the term of yrs commencing from of apprenthe date thof as by the sd indre will more fully appear ticeship. And whas it hath been agd that the sd (A) shall serve Of agreeout the temr of his term of apptshp with the sd (NM) and be by him fully taught and instructed in the trade business and manual occupation of and the sd (M) hath thereupon agd to assign the sd (4) as hnaftr is mentd Now, &c. in conson of the agt and or, good causes and consons him the sd (M) thereunto moving He the sd (M) Hath granted bargained sold assigned Assignand set over and Doth hby, &c. unto the sd (NM) ment. All such right title duty term of yrs yet to come and unexpired service and demand whatsr which he the sd (37) hath in or to the sd (A) by virtue of the sd indre of apptshp or orwise To Have and to Hold all such right title duty term of yrs yet to come and unexpired service and demand whatsr hby assd unto the sd (Ñ M) his exs ads and ass from henceforth for and during all the residue and remr yet to come and unexpired of the sd apptshp or term of yrs as afd in as ample and beneficial a manner as he the sd (M) might or could have had or enjoyed the same if these prests had not been made Under and subject nevss to the covts and agts in the sd in pt recited indre on the pt and behalf of the sd (N M) to be done and performed And the sd (NM) for himself, &c. hby covt, &c. that he the sd (NM) his exs, &c. shall and will well and truly observe perform fulfil and keep the covts and agts in the sd in pt recited indre of apptshp on the pt and be half of the sd (M) to be done and performed And the sd (4) Doth hby covt with and to the sd (N M) that he the sd (4) shall and will at all times during the residue of the sd term of yrs now to come and unexpired well and truly serve the sd (NM) as an apprentice in the sd trade or business of in like manner in all respects as he has been bounden to do by the hnbefe in pt recited indre In Witness, &c.

Assignment of Articles of Clerkship.

Obs. 1. If the master die, or discontinue practice, or the contract be cancelled by consent of parties, or the clerk be discharged

New master agrees to perform the covenants of the indenture. Apprentice covenants

to serve

new master.

Assignment of Articles.

Assign

ment.

Covenant from new master.

by rule of court, the 22 G. II. c. 46, authorizes an assignment of the clerk to another master for the remainder of the term; but if the assignment be made by the executors of a deceased master, and any interval elapse between the decease of the old and the assignment to the new master, the clerk will not be admitted until he has served out the whole of the time with the new master. 2 Chitt. Rep. 61. (As to the affidavit of the execution of the assignment, see Affidavits.)

2. Such an assignment requires a stamp of 17. 15s., and the same duty for the counterpart.

This Indre made, &c. Betn (old master) of, &c. of the first pt (clerk) nephew of, &c. of the second pt and (new master) of, &c. of the third pt Whas (recite articles of clerkship) Now, &c. in conson of the sd covts on the pt and behalf of the (N M) hnaftr mentd he the sd (OM) at the request and by and with the consent and approbation of the sd (C) testified by his being a pty to and exting these prests Hath assd transferred and set over and by, &c. Doth unto the said (NM) his exs, &c. as well the sd recited articles and all bent whatsr to be had or made thof as also all the right int property proft advantage claim and demand whatsr or howsr to arise be had or made to him the sd (OM) from henceforth of the service of the sd (C) during the now residue of the sd term of yrs by force or virtue of the sd recited articles or orwise howsr And he the sd (NM) for himself, &c. doth hby covt &c. with the said (O M) in manner, &c. That he the sd (NM) shall and will at all times during the sd residue of, &c. in the best manner he can instruct the sd (C) as his clk in the business practised, &c. And also that he the sd (NM) his, &c. shall and will from the day of the date hereof at his and their own costs and charges find allow and provide the sd (C) in competent and sufficient meat, &c. and thereof and therefrom save harmless and indemnified the sd (O M) his, &c. also shall and will pay to the sd (C) during the last yrs of the sd term the yrly sum of £ for and towards his expenses in providing clothes, &c. And each of them the said (O and N M) doth hby sevlly covt with the sd (C) that they the sd (O and N M) at the request costs and chas of the sd (C) at any time after the expiration of the sd term of yrs shall and will sevlly certify the respive times of service of him the sd (C) with them the sd (O and N M) and also at his request, &c. do any or. lful act for getting him to be admitted an atty, &c. which shall be adjudged necessary for that purpose In Witness, &c.

-

And

ARBITRATION.

By parol.

By deed.

Obs. 1. An agreement to refer any matter in dispute, commonly Submission called a submission, may either be purely by the act of the parties how made. themselves, or it may be with the interposition of a court of law. In the former case the submission may be by parol, but in the latter case it appears that a submission, unless in writing, cannot, by the 9th and 10th W. III. c. 15, be made a rule of court. Sammways v. Elderley, 2 Mod. 73; 7 Ves. 419. Ansel v. Evans, 7 T. R. 1. When the submission is in writing, it usually is with mutual covenants, under a penalty; sometimes by indenture or deed poll, or by bond, each party executing an obligation to the other. 8 Co. 80. Sammways v. Elderley, 2 Mod. 73.

2. Every one who is capable of making a disposition of his property, or a release of his right, may be a party to a reference, but not such as are under any natural or civil disability, as femes coverts, infants, &c. (See Agreements, Pref. § 2.) A married woman may, however, be made a party to a submission in any matter affecting her separate property. Stra.351. Bateman v. Countess of Ross, Dow. Rep. 235. Those only who are parties to the submission shall be bound by it. 2 Mod. 228. But a man is bound by an award to which he submits for another, as a husband for his wife, Sty. 351; a guardian for an infant, Latch 207; or one of many partners for the rest, 2 Mod. 228. An attorney may submit to arbitration for his client, Cayhill v. Fitzgerald, 1 Wils. 28, 58; but a submission by bond binds himself. 12 Mod. 129.

3. At common law, where a cause was depending, the submission might be made a rule of court before the trial. The 9 and 10 W. III. extends this privilege to parties where no action has been brought. Caldw. Arbit. 17. As to the effect of an agreement or covenant to refer to arbitrators, it was formerly held, that such a reference was an implied stay of proceedings in a court of law, 1 Mod. 24; but it was afterwards determined by a rule of court, that no reference of a cause depending in the King's Bench should stay proceedings, unless it was expressed in the rule of reference to be agreed, that proceedings in this court should be stayed, 2 Ld. Raymd. 789; so likewise if no step has been taken towards a reference, a mere agreement to refer will be no bar to an action, Kill v. Hollister, 1 Wils. 129; and it has been frequently held, that such an agreement will not oust the courts of law or equity of their jurisdiction, Thompson v. Charnock, 8 T. R. 139; Street v. Rigby, 6 Ves. 818 and an action is not maintainable on a covenant to refer disputes to arbitration, Tattersall v. Groote, 2 B. and P. 131; and even if it be expressly stipulated in the agreement, that there shall be no action or suit at law or in equity, it seems that a court of equity will not, except in particular cases, enforce specific performance of such an agreement, Waters v. Taylor; Gourlay v. D. of Somerset, 19 Ves. 430.

By bond.

Parties to.

Force of an agreement to refer to arbitration.

4. The proper matters for arbitration are penal wrongs and What may uncertain obligations, as trespasses, reckonings, and the like, 9 Co. be referred. 78. Things in the realty may be submitted; for although no freehold can pass by the award, arbitrators may award that lands shall be conveyed, or that one party shall give the other a bond

for quiet enjoyment and the like. Dy. 242, Bac. Ab. tit. Award. [A.]

5. The extent of the submission may be various, according to Extent of the pleasure of the parties, as of one particular matter only, or of submission. many or every subject of litigation between them, which ought to be carefully expressed in the submission, to avoid ambiguity. A submission of all matters in difference between the parties in

the cause,' and one of all matters in difference in the cause between the parties,' is not the same thing. By the former mode of expression, the submission is not confined to the subject matter of the particular action, as it is by the latter, Malcolm v. Fullarton, 2 T. R. 45.

6. It is usual to vest in the arbitrators a power of examining the parties and their witnesses upon oath, and if it is not a part of the agreement, the court cannot give them the authority to examine upon oath. But the parties submitting cannot authorize the arbitrators or any other person to administer the oath, and an extrajudicial oath is not binding so as to incur the penalty of perjury.

7. It is proper to fix the time within which the arbitrators shall pronounce their award; but where the submission limits no time, it shall be understood to be made within convenient time. If by the terms of the submission the arbitrator be enabled, as he frequently is, to enlarge the time for making his award, he may enlarge it more than once, Barrett v. Parry, 4 Taunt. 658.

8. The submission in general becomes void by the death of either of the parties, Potts v. Ward, 1 Marsh, 366. And may also be revoked by either party previous to the award being made and delivered, Clapham v. Higham; 7 B. Moore, 403. S. C. 1, Bing. 87. If the submission be by parol, the revocation may be by parol also, 2 Keb. 64; but where the submission is by deed, the revocation must be of as high a nature as the submission, 8 Co. 80, b.; Milne v. Greatrix, 7 E. 607. There may also be a virtual as well as an express revocation; as if a feme sole submit to arbitration, and marry before the award is delivered, the marriage is in effect a revocation, 2 Keb. 8, 65. In all cases of revocation where the submission is by bond, the bond is forfeited. 1 Brownl. 62.

9. It is usual to insert in the submission the words 'so as the arbitrator shall make and publish his award;' but the term 'publish' does not imply a formal notification of the award to the parties, unless there be an express proviso to that effect.

10. Arbitrators cannot award the costs of reference, unless such power be given to them for that purpose in the submission, 1 Cowp. 127. Whitehead v. Firth, 2 E. 166. If no direction be given respecting the costs of the award, they are to be paid by both parties equally, Grove v. Cor; 1 Taunt. 165. Hullock on Costs, 424. The safer and more usual way is to provide in the submission, that the costs shall be in the discretion of the arbitrator. Tidd's Pract. 825.

11. As an arbitrator is appointed at the discretion of the parties, any one whom the law supposes free, and capable of judging, may be chosen, even although he may be an interested party himself, or related to the opposite party, Comb. 218, unless his interest in the subject of reference or connection with the opposite party was unknown at the time. 2 Vern. 251. Where there are two arbitrators only, and they cannot agree, it is usual to provide that a third person should be chosen, who is called the umpire, whose nomination is either made by the parties themselves at the time of the submission, or left to the discretion of the arbitrators. In this latter case it has been held, that if the arbitrators elected one who refused to accept the office, they could not elect another, 1 Ld. Raymd. 222; but the better opinion appears to be, that the arbitrators in such case have the power of election. Com. Dig. Arbit. [F.] It may, however, be safer to provide against such an event by express stipulation. The appointment of an umpire is mostly under hand only, and in that case does not require any stamp; Routledge v. Thornton. 4 Taunt. 704.