Agree ment to Refer 12. Arbitrators cannot reserve to themselves an authority to decide at a future period any point relating to the matter referred to them Palm. 145; 12 Mod. 139. Nor can they delegate their authority to others, 2 Atk. 504; but where arbitrators award the substance of a thing to be done, they may refer it to others who Disputes. are competent to settle the manner in which it shall be put into Proceedexecution, ib. 501; Emery v. Wase, 6 Ves. 846. Likewise arbitrators ings of arderiving their authority from the submission, their decision must bitrators. not extend to persons and things beyond the scope of the submission. 2 Mod. 309. In any case of flagrant misconduct on the part of an arbitrator, the injured party may maintain an action against him to recover a compensation in damages, 2 Wils. 148; or file a bill against him in equity, Lonsdale v. Littledale; 2 Ves. Jun. 453. 13. The requisites of an award are, that it be consistent with Requisites the terms of the submission, certain, final, and not contrary to of an award. law, 5 Co. 77, b. 780; Roll. Arbit. 263; Bac. Ab. 218. 14. An award may be either by parol or by deed, 1 Salk. 75. If by the terms of the submission, the award must be under the hands and seals of the arbitrators; sealing only is not sufficient. Palm. 109. By parol or by deed. Performance of an award. 15. An award takes effect from the time of delivery, not from Delivery of. the day of the date, 3 Bulstr. 313. If an award be ready for delivery on a certain day, fixed in the submission, it is sufficient, although no delivery be made, Brown v. Vawser, 4 E. 584. 16. Where parties bind themselves jointly and severally to perform an award, and two or more parties on one side be ordered to pay any sum of money, or do any particular act, each is answerable for the obedience of the others. Mansell v. Burridge, 7 T. R. 352. If no time be limited for the performance of what is directed to be done, it must be performed within a reasonable time. “ Jenk. 136. If a thing is awarded to be done within a certain day after the date of the award, and it has no date, the day of delivery must be adopted in its place. Armit v. Breame; Ld. Raymd. 1076. Executors must obey the directions of an award although not named in it. 2 Vent. 249. Where the submission is the mere act of the party, whether by parol or by obligation, performance may be enforced by an action upon the award or the submission. 1 Leon. 72; 1 Ld. Raymd. 122. If the submission be made a rule of court, nonperformance is a contempt, and obedience to it may be enforced by attachment, otherwise the party may have his remedy by action. 1 Saund. 326; Stra. 695; Tidd's Pract. 834. When the payment of money only is awarded, application ought to be made to a court of law for enforcing payment; but where any thing is directed to be done in specie, as to convey an estate, a bill in equity for specific performance will lie. Hall v. Hardy, 3 P. Wms. 187. (See further, as to Arbitration, Kyd on the Law of Awards, Watson on Arbitration and Awards, and Caldwell on Arbitration. Agreement to Refer Disputes to Arbitration. Obs. This requires an agreement stamp, if under hand only. Where several persons enter into an agreement to refer a matter to arbitration, such agreement, and the award, require each but one stamp. Goodson v. Forbes, 525. Articles of (a) Agreement, &c. Betn A. B. of, &c. of the one pt and C. D. of, &c. of the or. pt Whas (a) As to the effect of an agreement to refer, see Pref. § 3. Agree Recital of Disputes. ment to re fer disputes to arbitra tion. award. Reference to be made a rule of court. disputes have arisen betn the sd pties hto touching ment to the several rights titles claims and demands as well Refer of in and to a certain inesse or tent situated, &c. as of Disputes. in and to a certain pew made by the sd A. B. and situate, &c. Now Therefore for the final ending all such questions and disputes it is hereby covtd by and betn the sd pties (a) that the rights titles claims and demands of the sd A. B. of in to and out of the same preses or any pt thof shall be and are hby referred to the arbitration and final determination of (arbitrators) And the award of the sd (A) if made in writing under their hands (b) and seals ready (b) to be delivered on or Delivery of before the (b) day of now next shall be binding and conclusive on all the pties And that for the better enforcing the performance and observance of such award the reference shall be made a (c) rule of his Maj. Ct. of K. B. at Westr And furr That the sd pties hto and each and every of them shall and will produce unto and deposit with the said (A) all deeds evidences and writings relative to the preses in question in their respive posson or power And that each of them shall and will submit to be examined (d) upon oath and will as far as in them lies resply do all such or. acts and things as the sd (4) shall require for the better enabling them to make the sd award And furr That in case the sd (4) shall not agree upon the sd award or determination that it shall be lful (e) for the sd (A) and they are hby expssly empowered by writing under their respive hands to appt another indifferent person to be umpire in or to concur and join with them in considering and determining all or any of the preses hby referred to them And furr That all (ƒ) costs and chas attending the sd arbitration shall be in the discretion of the sd (4) and shall be paid and satisfied pursuant to their award And that neither of the sd pties shall (g) bring any action or suit agst the or. of them in relation to the preses or agst the sd (A) or umpire And lastly that each of the sd pties doth hby bind himself unto the or. of them in the penal sum of £ · for the true Parties to produce deeds, &c. Parties wit nesses to be examined on oath. Umpire to be chosen. Costs at discretion of arbitrators. Neither party to bring any action or suit. (a) If it be agreed that the authority of the arbitrators shall not be revoked by the death of either party, then say, 'for themselves severally and respively and their several and respive hrs exs ads and ass.' § 8. (b) As to the form of the award, see § 14, and delivery, § 14› and the time of delivery, § 7. (e) See § 11. (f) Or, if it be so agreed, all costs and chas attending the sd arbitration shall be equally borne and discharged by the sd parties (g) See § 3. and faithful observance and performance of his respive pt of the sd award and umpirage and of all and evy order and diron thin contd In Witness, &c. Submission by Indenture. Submission by Indenture This Indre made, &c. Betn E G of, &c. and J A of, &c. exrs of the last will and testament of PM late of, &c. deed of the first pt R G one of the grandchildren of the sd P M decd by his daur M late the wife of the sd EG now also decd of the second pt the sd RB husband of LB granddaughter of the sd PM deed of the third pt Whas differences and disputes have arisen and are still depending betn the sd E G the elder and JA as exs afd and the sd R G and also betn the sd exs and the sd RB in right of his wife LB touching the este and effects of the sd PM decd And in order to put Recital of an end to the sd differences and disputes (and to obtain agreement an amicable adjustment thof) the sd pties have and to refer. each of them hath agrd to refer the same to the award of IW of, &c. N A of, &c. and E G of, &c. or any two of them arbitrators indifferently elected and named to arbitrate award order judge and determine of and concerning the sd differences and disputes betn the sd pties resply Now this Indre witnesseth That they the sd EG and JA as exs afd and the sd R G and R B do and each and evy of them for himself sevly and resply and for his sevl and respive hrs exs and ads doth covt, &c. with and to each or. his hrs exs and ads resply well and truly to stand to obey, &c. the award, &c. of the sd (arbitrators) or any two of them arbitrators indifferently elected, &c. to arbitrate, &c. of and concerning all and all manner of actions, &c. (see next precedent) touching the preses or any thing in any wise relating thereto (a) so as the sd award of the sd arbitrators or any two of them be made, &c. And it is also agrd, &c. by and betn the sd pties (submission to be made a rule of court, see last precedent) And the sd pties do hereby furr agree that none of them shall or will prosecute any action or suit in any court of law or equity agst the sd (A) any or either of them or bring or prefer any bill in equity agst each or. of and concerning the preses until the sd award be made and delivered And also that all costs and chas attending the present arbitration shall be in the discretion of the said (A) or any two of them and pd and satisfied pursuant to their award And furr that the sd pties, &c. (produce deeds, &c.) ness, &c. (a) As to the extent of the submission, see § 5. In Wit i Arbitration Bond. Obs. Requires a stamp of 17. 15s. and a further progressive duty of 11. 5s, for every 1080 words above the first 1080. Know all Men That I, A B of, &c. am held and firmly bound to C D of, &c. in the sum of £ of, &c. or to his certain atty exs ads or ass for which payment to be well and faithfully made I bind myself my hrs exs and ads firmly by these prests Sealed with my seal Dated the day of in the yr of the reign of our Sovereign Lord and in the yr of our Lord Whas differences have arisen and are depending betn the above bounden A B and the above-named C D concerning the occupation management and cultivation by the sd CD of a certain farm situate at in the co. of the property of the sd A B lately held by the sd CD as tenant to the sd A B and also concerning the payment of the several sums of money pd laid out and expended by the sd AB for ploughing harrowing and manuring, &c. previous to the sd CD entering upon the same as tenant and likewise concerning the rent paye in respect of the sd farm from the sd CD and all which differences and demands concerning the same the sd pties have agrd to refer to the award judgment and determination of (arbitrators) arbitrators indifferently chosen by and between the sd pties to award arbitrate and determine concerning the same and in case the sd arbitrators cannot determine the same within the time hereunder limited then to the umpirage of a third person to be by the sd (4) chosen as umpire Now therefore the condition of the above-written bond or obligation is such that if the above-bounden AB his hrs exs and ads and evy of them do and shall on his and their pt and behalf in and by all things well and truly stand to observe perform fulfil and keep the award arbitration final end and determination of (A) arbitrators indifferently chosen to arbitrate award adjudge and determine upon and concerning the occupancy and management of the sd farm and the sum laid out by the sd A B in the cultivation of the same and the rent paye in respect of the same and also touching and concerning all and all manner of actions causes of action suits [bills bonds specialties covts contracts promises accts reckonings judgments exons extents quarrels controversies trespasses] dams and demands whatsr both at law and in equity had moved brought commenced sued prosecuted done suffered or committed by of betn the sd pties so as the award of the sd (A) or any two of them be made in writing under their hands and seals ready to be delivered to the sd pties in difference on or before the day of And if the sd (4) shall not make such their award of and concerning the preses within the time limited as afd Then if the sd AB his hrs exs and ads and every of them on his and their pt and behalf do and shall well and truly stand to, &c. the umpirage of the sd (umpire) being a person indifferently named and chosen by the sd pties as umpire in and concerning the preses so as the sd (U) doth make and set down his award and umpirage, &c. in writing under his hand and seal ready to be delivered to the sd pties in difference on or before the day of (a) Then this obligon to be void or else to reinain in full force and virtue. Rule of Reference at Nisi Prius when a Juror is London to Wit. At the sitting of Nisi Prius held at Guildhall, in and for the city of London, on, &c. and in the year of the reign of our sovereign, &c. before the Right Hon. Chief Justice of our Lord the King, assigned to hold the Pleas before himself. B. v. S.- It is ordered by the Court, by and with the consent of the plaintiff and defendant, their counsel and attornies, that the last juryman sworn and impanelled in this cause, be withdrawn out of the panel, and that all matters in difference between the said parties be referred to the award, order, arbitrament, final end and determination of F. C., of the Inner Temple, Esq. so as he shall make and publish his award in writing, of and concerning the premises in question, on or before the day of Hilary Term now next ensuing. And that the said parties shall and do perform, fulfil, and keep such award so to be made by him the said arbitrator as aforesaid. And it is also ordered by and with such consent as aforesaid, that the costs of the said cause, shall abide the event and determination of the said award, and that the costs of the said reference shall be in the discretion of the said arbitrator, who shall direct and award by whom, and to whom, and in what manner the same shall be paid. And it is likewise ordered, by and with such consent as aforesaid, that the plaintiff and defendant respectively are to be examined upon oath, before the said Lord Chief Justice, or some other (a) Here may be added, if necessary, And the sd A B doth also consent and agree, &c. (witnesses to be examined on oath, &c. as in the last precedent) And also that the costs, &c. shall be in the discretion of the referees, &c. And furr (submission to be made a rule of court, &c.) M Rules and |