Rules and justice of the same court of our Lord the King, before Orders of the King himself, if thought necessary by the said arbiReference trator, and do produce before the said arbitrator all books, papers and writings, touching and relating to the matters in difference between the said parties, as the said arbitrator shall think fit, and that the witnesses of the plaintiff and defendant respectively are to be examined upon oath, to be sworn before the said Lord Chief Justice or some other justice of the same court. And it is likewise ordered, by and with such consent as aforesaid, that neither the plaintiff nor the defendant shall prosecute, or bring any action or suit, in any court of law or equity against each other, of and concerning the premises in question so as aforesaid referred. And it is further ordered, by and with such consent as aforesaid, that if either party shall by affected delay or otherwise wilfully prevent the said arbitrator from making an award, he shall pay such costs to the other as the said court of our said Lord the King before the King himself shall think reasonable and just. And, lastly, it is ordered by the like consent as aforesaid, that the said court of our said Lord the King, before the King himself, may be prayed that this order may be made a rule of the same court. By the Court. F. L. Rule for making a Submission by Bond a Rule of Court. A. B. v. C. D. In the Common Pleas, Upon reading the affidavit of G. H. and another, and Know all men, &c. (set out the bond and condition verbatim.) It is ordered that the said bond and the condition thereof, and the submission between the parties in the said condition mentioned, be, and the same is hereby entered and made a rule of this Court, pursuant to the statute in such case made and provided. Order to refer all Matters in Difference in the Cause. Between {S. F. and others, plaintiffs. J. H. defendant. On motion of plaintiff's counsel, alleging plaintiff's bill and defendant's answer; and cause being at issue, witnesses had been examined on the part of the plain- Rules and tiff and publication had passed in the cause, and plain- Orders of tiff and defendant had since agreed to refer all matters Reference in dispute between them in the cause to the award of ―, and therefore, praying that the same may be referred to his award accordingly: on which and on hearing defendant's counsel, who consented thereto, It is ordered, That all matters in difference between plaintiff and defendant in the cause, be referred to the award of, &c. so as the award be made in writing, &c. And in case the said arbitrator shall not be prepared to make his award at the time aforesaid, the parties from time to time to apply for and consent to such enlargement of the time as the said arbitrator shall certify, and the court deem reasonable. And also, that the costs of the suit, and reference, and the award lie in the discretion of the said arbitrator, and that the parties and all witnesses to be by them produced, if required by the said arbitrator or either party, be examined upon oath, to be sworn before one of the Masters of the Court, and that plaintiff be at liberty to read before the arbitrator, the depositions in the cause, and defendant to be at liberty to examine before the arbitrator, the witnesses to such depositions, and that all deeds, books, &c. be produced to the said arbitrator, and that neither party prosecute any action or suit against the arbitrator, or each other concerning the premises; and if either party shall by affected delay, &c. (see Rule) and that seven days' notice of any appointment to proceed on such reference, to be given to each party and their solicitor, be deemed good notice; and that if either party being duly summoned, neglect or refuse to attend arbitrator, he be at liberty to proceed without such attendance and make his award ex parte, and either party be at liberty to apply to the court to have said award made an order of the court. Order that an Agreement be made an Order of the Whereas by Articles of Agreement bearing date, &c. it is recited and agreed as follows: (setting forth the instrument verbatim.) Now upon motion of defendant's counsel, and upon producing said agreement, praying that the same may be made an order of court, It is ordered that said agreement be made an order of court to be observed and performed by all parties thereto, according to the tenor and true meaning thereof, Mr. of counsel for the plaintiff, consenting thereto. Appointment of Arbitrators. Stamp. Order to make an Award an Order of the Court of Upon motion, &c. praying the writing of award, hereafter mentioned, bearing date the day of in the year of our Lord 18 under the respective hands and seals of A. B. and C.D., arbitrators, &c. and by them sealed and delivered, being first duly stamped in the presence of E. F., may be made an order of this Court : and the said writing of award being now produced, the same appears to be in the words and to the tenor following, that is say; To all to whom, &c. (set out the award verbatim) whereupon and upon hearing, &c. and an affidavit made by the said, &c. his lordship doth order, &c. Acceptance by the Arbitrators of the Appointment. We the undersigned A B and C D the referees within named and apptd do hby accept of the apptmt as arbitrators for the purps thin expssd And for the proceeding in the investigation of the matters in dispute between the pties within mentd we appt and fix to meet at the house of in, &c. by 11 o'clock in the forenoon. Witness our hands this day of 18 Appointment of a Third Arbitrator, or Umpire. Obs. The appointment of an umpire made in writing by the arbitrators, requires no stamp. Routledge v. Thornton, 4 Taunt.704. We A B and C D the arbitrators within named by this memorandum in writing under our hands made before the entering upon the within mentd arbitration do hby nominate and appt E F of, &c. (a) the third arbitrator to whom togr with ourselves the within matters in dispute betn the pties within named shall be referred according to the tenor and effect of the within written rule (bond obligation or indre) As Witness, &c. Another. We the undersigned A B and C D arbitrators within named having considered of the matter in difference betn the sd pties and having heard what each of them (a) If the consent of the third person has not been obtained, add, on condition that he do within days from the date hereof by some writing under his hand consent to act therein accordingly.' had to offer and allege in his behalf but not having AB CD Nomination of an Umpire by Arbitrators appointed. To all to whom, &c. Whas by an order of the Lord High Chancellor bearing date the day of in a cause then depending in the High Court of Chancery where FG, IW and K L were complainants and IB, GW and RN were defts it was then ordered by the Lord High Chancellor in Court as betn the pltff F G and the defts IB and G W that all matters in difference betn the sd pties in this cause shd be referred to the award and determination of us (arbitrators) of, &c. and that we shd make our award therein on or before the first day of Trinity Term then next and in case we shd not agree in opinion that we shd name an umpire who shd make an umpirage on or before the day of then next And whas we the sd (arbitrators) have taken the matters so referred to us into our consideration but cannot agree in opinion concerning the same Now Know ye That in pursuance of the power and direction afd in respect to the naming of an umpire in the sd matters we the sd (arbitrators) do hby nominate and appt, &c. In Witness, &c. term Enlargement of the Time for making an Award by the Know all, &c. That we the within named A B and In Witness, &c. Enlargement of the Time for making an Award by We the undersigned (arbitrators) by virtue of the powers given to us for that purpose do hby extend and Enlargement of Time. Award under an Agreement. Stamp. Recital of an agreement by a builder to make repairs. enlarge the time for making our award until the Award pursuant to a Clause in Articles of Agreement for making Repairs. Obs. 1. As to the nature, &c. of the award, see Arbitration, Pref. § 13-16. 2. An award in writing, under scal, need not have a deed stamp, unless delivered as a deed; but being only delivered as an award, it was held to be sufficient, if it had an award stamp. Brown v. Vawser, 4 E. 584. Blundell v. Brettargh, 17 Ves. 236. This distinction is, however, rendered immaterial by the 55 Geo. III. c. 184, which makes an award, whether under hand and seal, or under hand only, subject to a deed stamp of 17. 15s. If an award be made on an improper stamp and no application be made to enforce it, the court will not set it aside. Preston v. Easton, 7 T. R. 95. An award by commissioners under an Inclosure Act, need not have an ad valorem stamp upon the money consideration. Doe d. Suffield v. Preston, 7 B. & C. 392. To all, &c. We the (arbitrators) send greeting Whas by certain articles of agreement bearing date, &c. and made betn A B of, &c. gent. of the one pt and CD of, &c. builder of the or. pt he the sd CD in conson of the sum of £ to be pd to him as hnftr is mentd did covt with the sd A B that he the sd CD at his own proper expense wld on or before the day of in a com plete and workmanlike manner and with good and substantial materials of all sorts make the sevl alterations reparations and improvements to a messe situate, &c. and in such manner as thin is more parlarly mentd and set forth in conson whof the sd A B did covt with the sd CD that he shd and wld pay unto the sd CD the sum of £ in manner following that is to say the sum of £ pt thof on the day of then next ensuing and the sum of £ residue thof within 14 days next after the sd messe should be completely repaired and improved in manner as thin befe mentd And it was thby mutually agrd that if any dispute shd arise betn the sd pties relating to the performance of arbitration. the sd articles that then the same shd be left to the decision of two indifferent persons as arbitrators the one to be named by the sd AB and the other by the sd C D or to an umpire to be chosen by the sd (arbitrators) And whas the sd CD hath at his charge made such alterations reparations and improvements to the sd contract by messe pursuant to his covt contd in the sd articles and the builder. hath recd of the sd A B the sum of £ being the first To refer disputes to Perform ance of the |