Recitals.

To prevent litigation.

Agreement for compromising a Law-Suit, and relinquishing a Claim to Estates.

An Agreement made, &c., between A. B., of, &c., of the one part, and C. D., of, &c., of the other part.

Whereas the said A. B. having set up or claimed some right, title, or interest in, to, from, or out of all, &c., [describe the hereditaments,] and accordingly, to try such right, he did in, or as of, Michaelmas term last, commence an action of ejectment to recover possession of the said hereditaments and premises. And whereas, in order to prevent litigation, and adjust all differences between the said A. B. and C. D., in regard to such claim, and to compromise all matters between them, it hath been proposed and agreed that the said C. D. shall pay to the said A. B. the sum of L. in full, for all his interest, right, title, claim, or demand whatsoever, of, in, to, from, or out of the said estates, and all arrears of rent therefrom, and of and in the timber thereon, whether felled or growing, in any manner howsoever, and that he shall execute all such deeds or other assurances thereof as hereinafter mentioned, and that proceedings shall cease, and each party pay their own reWitnessing spective costs. Now, therefore, these presents witness, that to the end, and for the purposes aforesaid, it is hereby mutually covenanted, declared, and agreed by and between them, the said A. B. and C. D., and each of them doth hereby severally covenant, promise, undertake, and agree, for himself respectively, and for his heirs, executors, and administrators, to and with the other of them, his heirs, executors, administrators, and All proceed assigns, that henceforth all proceedings at law or

part.

ings to

cease.

Agreement by A. B. to convey his interest.

equity, relative to the said estates, shall cease, and be
no longer or further prosecuted or proceeded in, and
that each of them shall pay their own costs. And,
further, that he, the said A. B., his heirs or assigns,
shall and will, on or before the
day of
next ensuing, or when thereto required, by and at

the costs of the said C. D., his heirs, executors, administrators, or assigns, by such deeds, conveyances, and assurances as he or they, or his or their counsel shall advise or require, well and effectually grant, release, convey, or otherwise assure unto and to the use of the said C. D., his heirs and assigns, or as he or they shall direct or appoint, free from all incumbrances made, done, executed, or suffered by him, the said A. B., all such estate, right, title, interest, inheritance, claim, or demand whatsoever, which, either at law or in equity, or in any other manner howsoever, he has, or might, or could have, claim, challenge, or demand of, in, to, or out of the said estate, hereditaments, and premises, and also of, in, to, out of, or from all rents and arrears of rents in respect of the same estates, hereditaments, and premises, and also of, in, to, out of, or from all timber and other trees, now or at any time heretofore growing upon the same premises. In considera- Consideration whereof, he, the said C. D., doth hereby, for tion. himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said A. B., his executors, administrators, and assigns, that he, the said C. D., his heirs, executors, or administrators, shall and will, (upon having such conveyance and assurance as aforesaid made and executed in manner hereinbefore mentioned,) well and truly pay, or cause to be paid, unto the said A. B., his executors, administrators, or assigns, the said sum of L.1000, with interest for the same, after the rate, &c., until paid; and which, it is hereby declared, is to be in full for all the estate, right, title, and interest of the said A. B., in and to the said hereditaments, or any part thereof. In witness, &c.

Agreement for Reference.
Agreement made, &c.

Whereas disputes and differences have arisen and are subsisting between the above-named parties concerning, &c. Now, these presents witness, and it is

As to end

ing matters in controversy.

hereby agreed by and between the said parties, to
refer all disputes and differences whatsoever between
them to the award and final determination of, &c.;
and that they will respectively obey, observe, per-
form, fulfil, and keep the award of the said, &c., of
and concerning the premises, so that the same be in
writing, and signed by him or or before the, &c.,
next ensuing, with power for the said, &c., to enlarge
the time for making his award from time to time as
he shall think fit. And we, the said parties, do re-
spectively agree that the witnesses upon the said
reference shall be examined before the said arbitrator
upon oath. And we, the said parties, do hereby
further respectively agree to produce all books,
vouchers, accounts, and documents in our posses-
sion or power before the said arbitrator as he shall
require; and do all other acts needful and necessary
to enable the said, &c., to make a just award of and
concerning the premises. And it is further agreed
that the costs of this reference, and of the said A.
B.'s award, shall be in his discretion; and that these
presents, and the submission hereby made of the said
matters in difference, shall be made a rule of her
Majesty's Court of, &c., pursuant to the statute in
that case made and provided.
As witness, &c.

Agreement to refer a Cause in Chancery to
Arbitration.

of

Agreement made, &c., between, &c. [Recite the proceedings in Chancery.] And whereas the said, &c., for the purpose putting an end to all further controversy touching the several matters in question in the said cause or suit in Chancery, have respectively agreed to refer all questions, differences, and disputes whatsoever now pending in the said cause or suit, and also by whom, to whom, and in what manner, the costs of all the parties in such cause or suit shall be paid, to the consideration, judgment, and arbitrament, and

final award of R. B., of, &c., barrister-at-law; and further, that the said reference and submission shall and may, in pursuance of the statute in that behalf made and provided, be made an order of her Majesty's Court of Queen's Bench, if the said court shall think fit to order the same. Now, these presents witness, that, for the consideration and purposes aforesaid, it is hereby declared and agreed upon by and between all and every the said parties to these presents, that they, the said parties hereto, and each of them, their and each and every of their heirs, executors, and administrators, on his and their several and respective parts and behalves, shall and will well and truly stand to, abide by, perform, fulfil, and keep the order, arbitrament, final determination, and award of the said R. B., the arbitrator so as aforesaid indifferently named and chosen by them, the said parties hereto, to adjudge, arbitrate, deter. mine, order, and award between them of and concerning all questions, titles, controversies, differences, and disputes now depending or subsisting between them in the said cause or suit in Chancery; and also by whom, and in what manner, and to whom the costs of all the respective parties to the said cause or suit and of this arbitration are or ought to be paid, so as the said arbitrator shall make such his order, arbitrament, final determination, and award, in writing, under his hand and seal, ready to be delivered to the said parties submitting thereto, or such of them as shall require the same, on or before the first day of term next ensuing the day of the date of these presents. And it is hereby agreed by and between all the said parties hereto, that no action at law or suit in equity shall be commenced or prosecuted by any or either of them against the said R. B. for or on account of his award to be made pursuant to this agreement.

In witness, &c.

CHAPTER IX.

ANSWERS IN CHANCERY.

THE following practical directions, relating to the preparation and mode of taking answers, are principally taken from a very useful work on Chancery Practice. "In preparing the instructions for answers," says the writer of that work, "a distinct answer should be given to each interrogatory, and to every part of each interrogatory, showing whether the fact be as alleged or not, or whether the defendant knows it or not, or whether he believes it or not; and any new fact necessary to explain it, or qualify it, may be stated, but particular care should be taken to show what answer is to be given to each interrogatory, and any statement of facts not contained or alluded to in the bill necessary to the proper understanding of the defendant's case, should be separately written out; and if there be any material deeds or documents necessary to be seen by counsel, copies of them should accompany the instructions. It is a bad practice to send original documents for this purpose, as they are liable to be lost. In all cases where it is possible, the instructions for answer should be taken from the defendant's own mouth, for, where that is not done, it is often necessary to alter the answer after it has been drawn by counsel," which occasions an additional expense to the client of a fee