AWARD.

full of all demands in the said cause (1); and that upon payment Judge's Order. thereof the said (plaintiff') shall, if required so to do, by and at the costs of the said (defendant) execute and deliver to him the said (defendant) a general release in writing of all and all manner of action and actions, cause and causes of action, debts, duties, claims and demands whatsoever, relative to the matters in question, from the beginning of the world until the day of the date of the aforesaid order; and lastly, I do award and direct that each of them, the said (plaintiff) and (defendant), shall and do bear and pay his own costs of the reference of this award. In witness whereof, I, the said (arbitrator), the arbitrator aforesaid, have hereunto set my hand, day of 18.

Instalments.

the

SIGNED, &c.

(1) If the money is awarded to be paid by instalments, say,

,

,

together with the

"At the times and in manner following; (that is to say), the sum of £ parcel of the said sum of £ costs of the said action, and the said sum of £ of now next ensuing, between the hours

in the afternoon; and the further sum of L

,

, on the day of twelve and two

on the

day of

now next ensuing, between the same hours: AND I do further award, order, and direct, that the said (plaintiff), his executors and administrators, shall and do, within the days after payment of the said last-mentioned sum, seal and deliver to the said (defendant), his executors and administrators, a general release of all actions, claims, and demands, up to the day of the date hereof, if such release, prepared at the costs of the said (defendant), his executors or administrators, shall be tendered or left for him at the said office, on the said day of at the time of the payment of the said last-mentioned sum of £ : AND lastly, I do order, award, and direct, that if default shall be made in payment of all, either, or any part of the sums of money herein by me directed to be paid, at the place and times in that behalf appointed, that then and from thenceforth all the monies directed herein to be paid, or so much thereof as shall have then remain unpaid, shall become instantly due and payable; and that the said (plaintiff) may immediately use such lawful means for obtaining payment thereof, as he might have done if the whole of the said sum of £ , together with the several costs aforesaid, or such part thereof as shall then remain unpaid, had been herein directed to be paid on the day at which such default shall happen to be made.”

No. CLXVI.

*An Award generally for Defendant on a Rule of Reference (1).

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, (arbitrator)
of, &c., SEND GREETING. WHEREAS, at the sitting of Nisi Prius,
held at
in and for the city of
last past, before the Right Honourable

on the

day now one of the Justices

of our Lord the King, assigned to hold pleas before the king himself; it was ordered, in an action then depending between plaintiff, and defendant, by and with the consent of the said plaintiff and defendant, their counsel and attornies, that [recite to the end of the rule]: Now KNOW ALL MEN BY THESE PRESENTS, that I, the said (arbitrator), in pursuance of the said order or rule of reference, having fully heard the said parties by themselves or their attornies, touching and relating to the matters in difference between them, and examined their witnesses produced before me upon oath, and having maturely and deliberately considered all the matters to me referred as aforesaid, do find, award, order, adjudge, and determine, in the manner following, (that is to say) that the said (plaintiff) had no cause of action against the said (defendant), and further that the said (plaintiff) do bear and pay the costs of the said reference, and of this my award, to be added to the costs of the said cause to be taxed by the proper officer, and to be paid by the said (plaintiff) to the said defendant or his attorney, on

AWARD.

Rule of refer

ence.

AWARD.

Cause depending.

No. CLXVII.

*An Award that all Demands of the Plaintiff have been satisfied, and that Judgment be entered for the Defendant (1).

days of

TO ALL TO WHOM THESE PRESENTS SHALL COME, I, (arbitrator),
of &c., send greeting. WHEREAS a certain cause depending in his
Majesty's Court of
wherein is plaintiff, and
defendant, hath been referred and submitted to my award
and arbitration (arbitrator) to be made within the first
the present
term, and if I should be of opinion for the plain-
tiff, to award for what sum judgment should be given for him, and
when the same should be paid, together with the costs of the cause
to be taxed, and the costs of the reference and award, if I should
think proper, and for which execution should issue; but if I should
be of opinion for the defendant, then judgment as in case of a non-
suit was to be entered, together with the costs of the cause to be
taxed, and the costs of the reference and award, if I the said arbi-
trator should think proper, and for which execution likewise should
issue; and it was further understood and agreed, that the costs of
the cause were to abide the event of my award, and that the costs
of the said reference and award should be at my discretion: Now
KNOW YE, that I the said arbitrator, having taken upon myself the
burthen of the said arbitration, and having gone into all differences
between the said parties, and heard and examined the allegations,
vouchers, proofs and witnesses of the said parties, and having also
heard and examined the said plaintiff, who was personally present
before me, do, within the time for that purpose appointed, make
and publish this my award in writing, of and concerning the pre-
mises, as follows, (that is to say) I do award and declare, that I am
of opinion for the said defendant, and that the said plaintiff hath
been fully paid all demands which he had upon the said defendant

(1) See notes to No. CLXIII. ante p. 578.

and hath no right to maintain the said action against him; and I do order and direct, that judgment be forthwith entered in the said cause for the said defendant, with the costs of the said cause, and of the reference, and of the making of this my award, to be taxed by the proper officer of the said court: AND I do further award and direct, that the said defendant shall and may take out execution for such costs on the day of next term, if the same shall not be sooner paid. IN WITNESS, &c.

AWARD.

Cause

depending.

RR

SUP.-VOL. I.

AWARD.

Confirmation of former award.

No. CLXVIII.

*An Award confirming a former Award, sent back to the Arbitrator for his reconsideration.

of reference.

TO ALL TO WHOM THESE PRESENTS SHALL COME, I (arbitrator),

Recital of order of, &c. SEND GREETING. WHEREAS by a certain order made at the sitting of, &c. held at, &c. in and for the city of

the

day of

the Right Honourable

in the year of our Lord 18

Lord

on

and before

Chief Justice of

our Lord the King, assigned to hold pleas before the King himself,
in a certain cause then depending in the same Court, wherein
was plaintiff and
was defendant, it was ordered by the
Court, by and with the consent of the said plaintiff and defendant,
their counsel and attornies, that the jury should find a verdict for
the plaintiff, damages L , and costs forty shillings, subject to
the same order, and the award to be made pursuant thereto; and
that all matters in difference in the said cause between the parties
should be referred to the award, order, arbitrament, final end and
determination of me the said (arbitrator), so as I should make and
publish my award in writing of and concerning the premises in ques-
tion on or before the last day but one of
term then next

ensuing, and that the said parties should perform, fulfil and keep such award so to be made by me the said arbitrator as aforesaid; and that the costs of the cause should abide the event and determination of my said award; and that the costs of the reference should be in the discretion of me the said arbitrator, who should direct and award by whom, and to whom, and in what manner the same should be paid, which said order was afterwards entered, and Enlargement of made a rule of his Majesty's Court of King's Bench: AND whereas by reason of my being unable to make my award within the time limited by the said order, the time for making my award was, by certain rules of the said Court of King's Bench, from time to time duly enlarged AND whereas by a certain other rule of the said

time.