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ATTORNMENTS.

Mortgagor (to Mortgagee).

No. CLXI.

*An Attornment by a Mortgagor in Possession to the Mortgagee at a Specific Rent, to be indorsed upon or subjoined to the Appointment of a Receiver (1).

KNOW ALL MEN BY THESE PRESENTS, under the hand and seal of
me the within [or above] named (mortgagor), THAT for the better
enabling the within [or above] named (mortgagee) to receive the in-
terest of the within [or above] named sum of £
at such
time and in such manner as is within [or above] mentioned, by and
out of the rents, issues, and profits of the within [or above] described
messuages or tenements and hereditaments, or so much and such part
or parts thereof as are or is now in the occupation of me the said
(mortgagor), I the said (mortgagor) do hereby attorn and become
tenant to the said (mortgagee), his heirs [or executors, administrators,
if the premises be leased] and assigns, of the same premises at the
yearly rent of £
, to be paid half-yearly, that is to say, on
day of

in every

or any part

the
day of, &c. and the
year, during so long time as the said sum of £
thereof shall remain secured upon the said hereditaments; but sub-
ject nevertheless to the proviso within [or above] contained, prohibit-
ing the within [or above] mentioned (receiver) from receiving or de-
manding the said rents, issues, and profits, or any part thereof, until
six months' interest upon the said principal sum remaining due for
the time being, shall be in arrear and unpaid to the said (mortgagee),
his executors, administrators, or assigns. IN WITNESS, &c.
(mortgagor).

(1) See ante, p. 571. n. (1).

No. CLXII.

* An Attornment of a Tenant to the Lessor of the Plaintiff in Ejectment (1).

In the Common Pleas [or as the case may be].

JOHN DOE, on the demise of (mortgagee), plaintiff,

and

(mortgagor) defendant.

TO ALL TO WHOM IT MAY CONCERN, KNOW YE that I, whose name
is hereunder written as signing hereof, being tenant in possession of
the messuage and premises in question in the above cause, situated
and being in the parish of
in the county of
do
hereby attorn tenant to (mortgagee) of, &c. lessor of the plaintiff in
the said cause, of the said messuages and premises so in my pos-
session. AND that I have this day paid to the said (mortgagee) the
sum of one shilling in the name of attornment, and on account and
in part of the rent due, and to become due from me, for or in respect
of the said premises. AND that I do hereby accordingly become
tenant thereof to the said (mortgagee) from the

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day of

day of

(tenants).

ATTORNMENTS.

Tenant (in ejectment).

AWARD.

Arbitrators

(general differences).

No. CLXIII.

An Award by Arbitrators concerning matters in difference (1).

of submission.

TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, WE
WHEREAS by an inden-

day of

last

Recital of deed (the arbitrators) of, &c. send greeting. ture (2) bearing date on or about the past, and made or expressed to be made between A. B. (one of the parties in difference) of, &c. of the one part, and C. D. (the other party in difference) of, &c. of the other part, reciting that various

Requisites.

Submission by bonds.

(1) The form of an award is immaterial so that its essential requisites be regarded-these are, that it be a final adjustment of the matter in dispute; that it be so certain in its terms as not to give rise to any new question; that it be of a thing possible to be performed; and that it be consonant with law and with reason; see Pedley v. Gooddard, 7 Durof. and E. 73; Smith v. Johnson, 15 East, 213; Wohlenberg v. Lageman, 6 Taunt. 254. 1 Marsh. 579. S. C.; and see Kyd on Awards, passim; also Caldw. Arbitr. c. v.

The subject-matter of awards may be of infinite variety: but the general form being in all cases the same, I have inserted only a few adapt ed to the most usual subjects of reference.

(2) If the submission be by mutual bonds, say,

day of

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"WHEREAS by mutual bonds or obligations in writing, under the respective hands and seals of the said (parties in difference), bearing date respectively the last past, each of them the said (parties in difference) became bounden for himself, and his heirs, unto the other of them, his executors, administrators, and assigns, in the penal sum of £. with conditions thereunder written to stand to, obey, abide by, fulfil, and keep the award and final determination of us the said (arbitrators) in relation to the disputes then subsisting between them the said (parties in difference), so that the award of us the said (arbitrators) should be made in writing, under our hands and seals, within the space of one calendar month from the date of the said bonds."

AWARD.

Arbitrators

(general differences).

differences had arisen between the said parties in difference, relative to the matters therein mentioned, and that a suit in equity was then depending concerning the same, they the said (parties in difference) mutually agreed to refer the disputes then subsisting between them (1), to the determination of us the said (arbitrators) so that we should make our award in writing under our hands and seals, within the space of one calendar month from the date of the said indenture. AND it was thereby further agreed, that we should have full power and authority, if we should think proper, to order the dismissal of any suit, which should be then depending between the said parties, and to decree a conveyance from either of the said parties, to the other of them, of the messuages therein and hereinafter mentioned, and to direct the consideration money to be paid upon the execution thereof, and also to award the payment by either of the said parties, of the costs and expences of the said reference (2). Now KNOW YE, Award that all that we the said (arbitrators) having taken upon ourselves the burthen of the said arbitration, and having heard and duly weighed the allegations of both of the said parties concerning the matters so in difference as aforesaid, and examined the various vouchers, documents, and evidences relative thereto, Do, by these presents in writing under our respective hands and seals, arbitrate, award (3), order, adjudge, and determine, that all disputes and differences, now or heretofore subsisting between, or by the said (parties in difference) relative to the matters and things referred to us in and by the hereinbefore in part recited indenture, shall henceforth cease and determine. AND we the said (arbitrators) do hereby further award, Dismissal of

differences shall

cease.

suit.

(1) An award need not set forth the authority of the arbitrators, for being created by the parties, they are presumed to be cognizant of it; Shirggins v. Nash, 5 Maul. and Sel. 193.

(2) If the time for making the award has been enlarged by the con- Enlargement of sent of the parties, add,

day of

"AND WHEREAS by a writing under the hands of the said (parties in difference) indorsed on the hereinbefore in part recited indenture, and bearing date the last past, the time in the said indenture limited for our making our award, was enlarged until the thence next ensuing."

day of

And an award made within such enlarged time will be good. Davies v. Vass, 15 East, 97; although it do not recite that the time was enlarged; George v. Lousely, 8 ibid. 13.

(3) The award must be so made as to accord with and pursue the submission, or it will be void as irrelevant or uncertain; Hide v. Petit, 1 Ch. Ca. 186.

time.

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AWARD.

Arbitrators (general differences).

order, adjudge, and determine, that the said suit so now depending as aforesaid, and all actions and proceedings at law and in equity now depending between the said (parties in difference) relative to, or concerning any of the matters or things aforesaid, shall forthwith be dismissed, and for ever discontinued (1); and that the same, or the subject-matter thereof, shall not be revived, or brought into discussion in any manner howsoever by them, or either of them, or their sum of money. respective heirs, executors, administrators, or assigns. AND that the sum of £ (2), being the principal sum of £

Payment of a

Mutual releases.

Conveyance.

with interest computed thereon after the rate of
per cent.
claimed by the said A. B. as due to him from the said C. D. for rent
due in respect of the house and premises now in the occupation of the
said C. D., shall be paid to him by the said C. D. on or before the
day of
next. AND we the said (arbitrators)
do hereby further award, order, adjudge, and determine, that full and
sufficient releases (3) shall be executed by each of them the said
parties to the other of them, of and concerning the same, and all and
every other the matters and things so in difference, and to us re-
ferred as aforesaid, on or before the
day of
next ensuing, at the mutual expence of the said parties. AND we
do further order and adjudge, that the said A. B. shall, on or before
the
day of
at the costs and expense of the said
C. D., execute such a good and effectual conveyance (4) and assur-
ance as the counsel in the law of the said C. D. shall advise and ap-
prove, of the messuage or tenement now in the occupation of the said
A. B., and situated at
aforesaid, unto, and to and for the

now

Award to discontinue suit,

good.

Interest may be awarded upon arrears of interest.

Award of mutual releases,

good.

Award does not

pass property.

(1) An award restraining the parties from proceeding at law or in equity, if made a rule of Court, seems to be good: Lingood v. Croucher, 2 Atk. 395; sed vide Hutchinson v. Hodgson, 2 Anst. 361; Lonsdale v. Littledale, 8 Ves. 451; so the dismissal of a bill in equity, or other suit, may be awarded; Herbert v. Bulkeley, Ca. Temp. Hardw. 296.

(2) If a sum of money be awarded to be paid on a certain day, it will carry interest from that time if then demanded; Pinhorn v. Tuckington, 3 Campb. 486; and although interest is not in general allowed to be computed upon arrears of interest, yet it will be payable if awarded by arbitrators on a reference; Morgan v. Mather, 2 Ves. Jun. 15, 22.

(3) An award of mutual releases to be executed by the parties is good; Keen v. Godwin, Bunb. 250; and so of releases by way of conveyance; Hall v. Hardy, 3 P. Wms. 187. 190; Ridout v. Pain, 1 Ves. 10; so of a bond to convey at a future time, unless in case of an infant; Cavendish's Ca. 1 Ch. Ca. 279; and see Evans v. Cogan, 2 P. Wms. 450.

(4) The property does not pass by a mere award of it, even though it be personalty; Hunter v. Rice, 15 East, 100; a conveyance to the party is therefore necessary.

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