Vol.III. Ch.XV. And such Award to be binding, although extrajudicial. Nomine pœnæ. Costs to abide the Award. Common Form mission to Arbi tration to two or more Arbitra tors. given to the said arbitrators or umpire; and that his or their determination; order, or decree concerning the same, whether judicially or extra-judicially made, shall be binding and conclusive upon all and every the parties hereto; and although extra-judicially made, shall or may be made a rule of court at the instance of either of the said parties, or of their respective representatives: And each of the said parties hereto doth hereby bind himself, his heirs, executors, and administrators, unto the other of them, his executors, administrators, and assigns, in the penal sum of £ of good and lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, for the true and faithful observance and performance, on his and their respective parts, of the award, umpirage, or determination which shall be so made as aforesaid, and of all and every the orders, directions, matters, and things therein to be contained, which by him or them severally and respectively shall be required to be performed or observed (1): And it is hereby lastly agreed, that all fees and monies which the said arbitrators or umpire, or any or either of them, shall think proper to give to any counsel or others for advice, or otherwise, relative to the premises aforesaid, and other reasonable expences attending their or his award or umpirage in or concerning the premises, and also the costs of the said suit so depending as aforesaid, and of all matters and things in relation thereto, or to these presents, shall abide the event of the said award, and be borne and paid by the party or parties, and at such time and manner as the same shall therein or thereby be ordered or directed to be paid or borne, and be reckoned and allowed in all things as between party and party, and not as between attorney and client. In witness, &c. Know all men by these presents, that C. D. of, &c. is held and firmly of Bond of Sub- bound to A. B. of, &c. in the penal sum of £100 of good and lawful money of Great Britain, to be paid to the said A. B., or his certain attorney, executors or administrators, to which payment to be well and faithfully made the said C. D., his heirs, executors, and administrators, is firmly by these presents, sealed with his seal, dated the, &c. in the third year of the reign of our sovereign lord George the Fourth, by the grace of God, of the united kingdom of Great Britain and Ireland king, defender of the faith, and in the year of our Lord one thousand eight hundred and Whereas divers differences and disputes have arisen and are still depending between the above-bound A. B. and the above-named C. D., and in order to put a final end to the same, they have agreed to refer the same to the award, order, and determination of E. F. of. &c., G. H. of, &c., and I. K. [if to three, say, " or any two of them,"] arbitrators indifferently chosen by and between the said A. B. and C. D., to award, arbitrate, judge, and determine of and concerning the said differences and disputes: Now the condition of this obligation is such, that if the said C. D., his heirs, executors, and administrators, do and shall for his part and behalf in all things well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end, and determination of the said E. F. and G. H. (or any two of them), arbitrators indifferently elected and named, as well on the part and behalf of the above-bounden C. D. as of the above-named A. B., to arbitrate, award, order, judge, and determine of and concerning all and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reckonings, sums of money, judgments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, both in law and equity, at any time heretofore had, made, moved, (1) It might be as well to insert a stipula in case either party should delay arbitration, tion to pay a named sum as stipulated damages, or attempt to revoke authority. day of brought, commenced, sued, prosecuted, committed, or depending by or be- Vol.III. Ch.X V. tween the said parties of them, so as the said award of the said arbitrators, or any two of them, be made in writing under their hands (or under the hands of any two of them), ready to be delivered to the said parties in difference, or such of them as shall desire the same, on or before the ; then this obligation to be void, or else to be and remain in full force and virtue. And it is hereby agreed by and between the said parties, that these presents, and the submission hereby made of the said matters in controversy, shall be made a rule of his majesty's court of king's bench, to the end the said parties in difference shall be finally concluded by the said arbitration, pursuant to the statute in that case made and provided. Sealed and delivered (being first duly stamped) in the presence of Bond upon the Submission of Disputes to Arbitration, where there has been a Know all men by these presents, that I [or we] (the obligor or obligors) of, &c. am [or are] holden and firmly bounden unto (the obligee) [or (obligees)] of, &c. in the penal sum of £ of lawful money of the united kingdom of Great Britain and Ireland, of English value and currency, to be paid to the said (obligee) [or (obligees) or one of them, or their or] his exe- Deed of Refercutors, administrators, or assigns, or his or their lawful attorney or attornies, ence. (1) for which payment to be faithfully and truly made I bind myself, my heirs, executors, or administrators [or we bind ourselves and each of us, jointly and Obligation. severally, and our and each of our heirs, executors, and administrators, and every of them] firmly by these presents, sealed with my seal [or our respective seals.] Dated this day of, in the year of the reign, &c. and in the year of our Lord Whereas disputes having arisen between the said (obligor) and (obligee) relative to [here state the subject of difference], they the said (obligor) and (obligee) by an indenture bearing even date with the above-written obligation, and made or expressed to be made between the said (obligor) of the one part, and the said (obligee) of the other part, have referred the same to the judgment and determination of (the arbitrators), of, &c., and have agreed to execute mutual bonds for the performance of the award of the said (arbitrators), with such condition to be thereunder written, for making void the same, as hereinafter is expressed: Now the condition of the above-written Condition. obligation is such, that if the above-bounden (obligor), his heirs, executors, and administrators, do and shall well and truly, observe, perform, and keep the award, order, arbitrament, and final determination of the said (arbitrators), and of such other person as they shall or may by virtue of the power to them given in or by the said in part recited indenture of submission name and appoint to be umpire between them, or to assist them in or concerning the premises, of and concerning the matters and things so referred to them the said (arbitrators), as hereinbefore is mentioned, or in anywise relating thereto; and also if the said (obligor), his heirs, executors, and administrators, do and shall well and truly perform, observe, fulfil, and keep all and every the covenants, clauses, conditions, stipulations, and agreements, in the said in part recited indenture of submission contained on the part and behalf of the said (obligor), his heirs, executors, or administrators, to be observed, performed, fulfilled, and kept, according to the true intent and meaning of the same respectively: Then, &c. or else, &c. Vol.III. Ch.XV. sion to two Arbitrators, where subject in dispute is recited. Whereas differences and disputes have arisen, and are now depending between the above-bounden A. B. and the above-named C. D. concerning Bond of Submis. (here mention particularly what the difference is about): And whereas, for the final end and determination of the said differences and disputes so depending between them, the above-named C. D. and the above-bounden A. B. have agreed to submit themselves to the award, order, arbitrament, final end and determination of E. F. of, &c. and G. H. of, &c., arbitrators indifferently elected and chosen between them, to arbitrate, award, and determine of and concerning the said differences and disputes; and if they do not make their award within the time hereinafter limited, then to the umpirage (if the umpire be named) of J. K. of, &c., (if not named), of such person as the said arbitrator shall indifferently choose for umpire in and concerning the premises: Now the condition of this obligation is such, that if the above-bounden A. B., his heirs, executors, and administrators, for and on his and their parts, and behalves, shall and do in and by all things well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end and determination of the said E. F. and G. H., arbitrators indifferently elected and chosen as aforesaid, as well on the part and behalf of the above-bounden A. B., as on the part and behalf of the above-named C. D., to arbitrate, award, order, judge, determine, and agree touching and concerning the said matters in difference, and all and any actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts, dues, damages, claims, and demands whatsoever, both in law and equity, at any time heretofore had, made, brought, commenced, and prosecuted, done, suffered, committed, or depending by or between the said parties, so that the award of the said arbitrators be made in writing indented, under their hands, ready to be delivered to the said parties in difference on or before the now next ensuing; And if the said arbitrators shall not, &c. (as before): Then, &c.; otherwise, &c. Agreement of Reference not under Seal of all Matters in difference (1) Clause when there is to be an Umpire. day of Memorandum of an agreement made this day of A. D. between A. B. of, &c., and C. D. of, &c. Whereas disputes and differences have arisen and are subsisting between the above named parties. Now, there fore, it is hereby agreed by and between the said parties, to refer all disputes and differences whatsoever between them to the award and final determination of E. F., &c., and that they will respectively obey, observe, perform, fulfil, and keep the award of the said E. F. of and concerning the premises, so that the same be made in writing, and signed by him, on or before the day of next ensuing, with power for the said E. F. to enlarge the time for making his award from time to time, as he shall think fit: and we the said parties, do respectively agree to produce all books, vouchers, accounts, and documents in our possession or power, before the said arbitrator, as he shall require and do all other acts needful and necessary to enable the said E. F. to make a just award of and concerning the premises: And it is further agreed by and between the said parties, that the costs of this reference, and of the said E. F.'s award, shall be in his discretion; and that these presents, and the submission thereby made of the said matters in difference to the award of the said E. F. shall be made a rule of his majesty's court of king's bench, pursuant to the statute in that case made and provided, Dated, &c. And if the said arbitrators shall not make such their award of and concerning the premises, within the time limited as aforesaid, then, if the above bounden A. B., his heirs, executors, and administrators, for and on his and (1) This agreement is to have an agreement sta np. their parts and behalves, do and shall well and truly stand to, obey, abide, Vol.III.Ch.XV. observe, perform, fulfil, and keep the award, determination, or umpirage (if the umpire be named) of I. K. of, &c., a person indifferently named and chosen between the said parties for umpire as aforesaid, (if not named), of such person as the said arbitrators shall indifferently name and choose for umpire in and concerning the premises), so as the said umpire do make and set down his award and umpirage in writing indented under his hand on or before the day of now next ensuing: Then, &c.; otherwise, &c. Reference con tained in Articles of Co Whereas by articles of copartnership (or as the case may be) bearing Submission date the day of, which was in the year and made or in pursuance expressed to be made between the said (one party) of the one part, and the of a Clause of said (other party) of the other part, it was amongst other things declared and agreed, that in case any dispute or question should arise between the said parties relative to the construction of the said articles, or all or any of the matters or things therein contained, the same should be referred to the arbitration of two indifferent persons, one to be named by each of the parties, with power for the said arbitrators so to be named to appoint a third person to assist them in the execution of the premises, and such other powers and authorities as are hereinafter given; and that the award of the said arbitrators or umpire should be final and conclusive upon all persons interested therein: And whereas disputes have arisen, &c. And it is hereby further agreed, That the said parties and witnesses to be examined before the said arbitrators or umpire, touching the matters referred, shall be upon oath, to be sworn before any of the judges of the court of king's bench or common pleas, or his majesty's justices of the peace, if the said arbitrators or umpire shall think fit; and that the costs of the said reference shall be in the discretion of the said arbitrators or umpire so to be chosen as aforesaid. And it is hereby agreed by and between the said parties, that neither of them shall or will bring or prosecute or cause to be brought or prose cuted, any action or suit in any court at law or equity, against the said arbitrators or umpire, or bring or prosecute any in equity against each other, of and concerning the premises so as aforesaid referred. And also, that these presents, and the submission hereby made in consequence thereof, shall be made a rule of the court of king's bench (or "of some of his majesty's courts of record at Westminster," if the court shall so please; to the end, the said parties in difference shall be finally concluded by the said arbitrators or umpire by these presents, pursuant to the statute in that case made and provided. partnership, or other previous Agreement. Clause to be added when the Parties or Witnesses are to be examined upon Oath. Clause that the Court, and no Reference from Part Owners, half of the Mas and one on be Whereas differences and disputes have arisen and are depending between the above-named D. of the one part, and E., master of the ship called the Justina, of the burthen of tons, or thereabouts, of the other part, concerning a charterparty dated the, &c. and made between the said E. master ter of a Ship, of the said ship of the one part, and the said D. of the other part, and respecting Daconcerning damages demanded by the said D. for a breach thereof by the mage, demanded said master, which differences, and likewise all or any other differences and for Breach of disputes so depending between them the said D. and E., and all actions, suits, and causes thereof, covenants, contracts, agreements, sums of money, (1) As to the necessity of this clause, ante, vol. 3. 639. Lord Raym. 671. Barnes, 55. Charterparty. Vol.III.Ch.XV. payments, damages, claims, and demands concerning the same, the abovebound, a part owner of the said ship, and B. for and on the behalf of the said E. and the said D. have agreed to refer the same to the award, order, arbitrament, final end and determination of, &c., arbitrators indifferently, &c. Now therefore, &c. that if the said E. and part owners of the said ship, his and their executors and administrators, for and on their parts and behalves, shall and do in and by all things well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end and determination of the said &c. (as above to the end.) Reference between Masters and Part Owners and Freighters of a Ship. Reference be tween the Masters of two Ships, for themselves and the rest of the Part Owners, about a Prize. Reference be The condition, &c. that if the above-bound A., who was late master of the ship or vessel called the Justina, and the above-bound B. and C. D. part owners of the said ship, and the rest of the owners thereof, do and shall in and by all things well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end, and determination. of arbitrators indifferently elected and chosen, as well by and on the part and behalf of the above-bounden A. B. C. and D., as by and on the part and behalf of the above-named E. and C. to arbitrate, award, order, judge, determine, and agree touching and concerning all and all manner of actions, cause and causes of action, suits, bills, bonds, specialties, covenants, contracts, dues, damages, claims, and demands whatsoever, between the said parties, or any of them, relating to or concerning the said ship or vessel the Justina, and her late voyage to Leghorn, and thence to Liverpool, so that the award of the said arbitrators be made in writing indented under their hands and seals, ready to be delivered to the said parties in difference on or before the day of, now next ensuing. And if the said arbitrators shall not, &c. (as before); then &c. Otherwise, &c. whereof was Whereas differences, &c. between the above-bound A. B. and the rest of the part owners of the ship or vessel called the, whereof the said A. B. is commander, of the one part, and the above-named C. D. and the rest of the part owners of the ship or vessel called the whereof the said C. D. is commander, of the other part, concerning the parts and proportions claimed by and belonging to the owners of the said several ships in respect thereof, of and in a Spanish ship or vessel called the master, and her loading, which was lately taken as a prize by the said A. B. and C. D. in and with the said ships and all monies arising thereby Now the condition, &c. that if the said A. B. and the rest of the part owners of the said ship the their executors, administrators, and assigns, do and shall, in and by all things well and truly stand to, perform, and keep the award, &c. of &c. arbitrators indifferently named by and on the behalf of the said parties in difference, to arbitrate, judge, and determine of the said matters in difference between them, and all or any action, &c. concerning the same, so as their award shall be made, &c. and Whereas differences, &c. between the above-bound A. B. and the abovetween Part Own- named C. D., touching the claims of E. F. and G. H., for whom the said C. D. acts as attorney, concerning wages due to them from the said A. B. and the rest of the part owners of the said ship called the ers, and one on the behalf of Sail ors, for Wages. whereof I. M. was master, which differences the said parties have agreed to refer to the said part owners, &c. (as above.) |