« PreviousContinue »
release of the matters so referred to me as aforesaid.”
An Award by an Umpire. To all, &c., I, J. P., the younger, of, &c., gent., send greeting. Wbereas P. Q., of, &c., of the one Recital of part, and A. B. and C. D., of, &c., and copartners, bonds. on the other part, have mutually entered into and reciprocally executed bonds or obligations to each other, bearing date, &c., in the penal sum of L. conditioned that, &c., so as the said award of the said arbitrators should be made on or before, &c.; but if the said arbitrators should not make such their award of and concerning the said differences and disputes by the time aforesaid, then, if the said parties in dispute should in all things well and truly stand to, abide, observe, perform, fulfil, and keep the award, order, arbitrament, umpirage, final end and determi. nation of such person as should thereafter be chosen by the said arbitrators between the said parties, of and concerning the said differences, so as the said umpire shall make his award or umpirage of or concerning the same on or before, &c. And whereas Recital that the said R. S. and B. W. met upon the said arbitra- arbitrato tion, and did not make their award between the said parties by the time limited in and by the conditions their award. of the said bonds; and in pursuance of such conditions have, by a note or writing under their hands, bearing date
, chosen and appointed me as umpire to settle and determine the matters in difference between the said parties. Now know ye, The award. that I, the said J. P., the umpire named and chosen as aforesaid, having taken upon me the burden of the said arbitration, and having heard and examin. ed, as well the said parties as their respective attorneys or solicitors, and their respective witnesses, proofs and allegations on both sides, of and concerning the said disputes and differences between them, and fully considered the same and the matters to me referred, do make this my award and umpirage in
met, but did
manner following ; (that is to say,) I do, &c. (See preceding forms.) In witness, &c.
Observations on Awards. Notice of
When the award is made, the arbitrators should award being made.
give notice to the parties or their attorneys of the same being ready. The original award is generally delivered to the party in whose favour the same is made, and a copy delivered to the other, unless particularly required. The notice is deemed the publication of the award. (Musselbrook v. Dunkin, 9
Bing, 605.) The recitals The recitals in the award of the submission should requisite in
set forth so much of its substance as may be requithe award.
site to show the authority of the arbitrator or umpire, with respect to the subject-matter of reference.
If bonds, the recital of each may be separate, thus : Form of re " Whereas A. B., of, &c., by a bond dated the, &c., cital by bonds. under his hand and seal, became bound to C. D., of,
&c., in the penal sum of L. ; and the said C. D., by another bond, dated, &c., in the like penal sum, with conditions written under the same several bonds,” (setting out so much of the submission as relates to the award, and state the enlargement, if
any.) If it be by indenture, it may be after this By indenture manner : “ Whereas, by an indenture bearing date, of enlarge- &c., and made between, &c., after reciting, &c.; and
whereas, by an indorsement on the said, &c., bearing date, &c., and under the hands of all the parties to the said, &c., they the said parties mutually and reciprocally consented and agreed that the time for the said arbitrator making his award should be enlarged
to, &c., and that they would in all respects abide by If enlarged the terms of the said,” &c. If enlarged by the arbiunder a
trator under a power: “ And whereas I, the said arpower.
bitrator, in and by two several indorsements on the said, &c., did, by a memorandum in writing under my hand, enlarge the time for making my said award until, &c., pursuant to the said recited power.” If the submission was made under an order of nisi prius
at the assizes: “ Whereas, at the assizes holden at, If by order of &c., in and for the county of, &c., on, &c., before, nisi prius. &C., (style of the judge and court,) on the trial of a cause wherein A. B. was plaintiff, and C. D. defendant, it was then and there ordered by the court, by and with the consent of the said parties, their coun. sel and attorneys, that, &c., (according to the order,) a verdict should be entered for the plaintiff for L. damages, subject to the award of the arbitrator thereinafter named, and that it should be referred to the award, order, arbitrament, final end, and determination of me, A. A., of, &c., barrister-at-law, to settle all matters in difference between the parties.” The operative part of a common award is thus : “ Now Forms of the know ye, that I, the said, &c., having taken upon operative myself the burden of the said arbitration, and having heard and duly considered all the allegations and evidence of the said respective parties of and concerning the said matters in difference, and so referred as aforesaid, do make this my award in writing of and concerning the said matters in difference so referred, and do hereby award, order, determine, and direct, that,” &c. : Or, if a reference by order, &c.: “ Now, I, the said A. A., having taken upon me the burden of the said reference, and having examined upon oath all such witnesses as were produced before me by the said parties respectively, and having duly weighed and considered all the allegations, proofs, and vouchers made and produced before me, do award, order, and adjudge, that,” &c.
BILL OF SALE.
Bill of Sale of Goods. This indenture, made, &c. [Recite the contract for sale or mortgage, as the case may be.] Now, this indenture witnesseth, that, in consideration of, &c., he, the said A. B., hath bargained, sold, and assigned, and, &c., unto the said C. D., his executors, administrators, and assigns, all the household furniture, goods, things, utensils, and other chattels mentioned and described in the schedule hereunto annexed,
s If by way of security, recite the money due, and in consideration of the same assign the goods ; and after the habendum add a proviso for making void the deed on payment of the money due ; then add the warranty, and covenant for payment of the amount due, and for quiet enjoyment until default. Or the same may be assigned in trust to sell, and after retaining the money due to the creditor, (the bargainee,) then in trust to pay the residue to the bargainor, his executors and administrators, with power to enter on the premises for effecting the sale; and add the usual warranty, which is much shorter, and equally as effectual as covenants, in regard to the right of possession and further assurance of the property. In fact, a warranty as to personal property (such as goods and chattels) is created by implication, for the purchaser of goods may have a satisfaction from the seller if the title prove deficient, although there be no express warranty. (See “ Assignments,” in trust to secure money; see also “ Mortgages.")
(or which are now in, about, or belonging to the dwelling-house and premises of the said A. B., situate
1 and all the right, title, interest, and property of the said A. B. of, in, and to the said household furniture, and other chattels, hereby assigned, or intended so to be, unto the said C. D., his executors, administrators, and assigns, as his and their own proper goods and chattels. And the said Warranty. A. B., for himself and his executors and administrators, all and singular the said goods and household stuff unto the said C. D., his executors, administrators, and assigns, against him, the said A. B., his executors, administrators, and assigns, and against all and every other person or persons whatsoever, shall and will warrant and for ever defend, by these presents; of which goods, &c., the said A. B. hath put the said C. D. in full possession, by delivering him one chair, in the name of all the said goods and chattels, at the sealing and delivery hereof.,
In witness, &c.t
t The attestation may be as follows: “ Signed, sealed, and delivered by the within-named (or above-named, as the case may be) A. B., (being first duly stamped, and, at the same time, full possession of all and singular the goods, chattels, and effects, within-mentioned, (or above-mentioned,) to be bargained and sold, were given by the said A. B. to the said C. D., by the said A. B.'s delivering to the said C. D. one chair, in the name of the whole of the same goods and premises, in the presence of,” &c.
N. B.-The possession of the goods and chattels must actually accompany and follow the deed, to make it available against creditors, except in cases where the deed being conditional or by way of mortgage, the retainer of possession by the assignor would be consistent with the terms of the assignment, but it would be valid as between the parties. (Edwards v. Harbon, 2 T. 8. 587; Dutton v. Morrison, 17 Ves. 193; Steel v. Brown, 1 Taunt. 381.)