or before the day of Awards. 18. And whereas the said M. N., O. P., and Q. R. met upon the said arbitration, and did not make their award between the said parties by the time limited in and by said submission [or, by the condition of the said bonds], and, in pursuance of the said submission [or, bonds], have chosen me as umpire [by appointment in writing, hereto annexed], to settle and determine the matters in difference between the said parties. Now, THEREFORE, I, the said umpire, having been first duly sworn according to law, and having heard the proofs and allegations of the parties [or, of A. B., the said Y. Z. not appearing after due notice to him], and having examined the matters in controversy by them submitted therein, do therefore make this award in writing [or, in writing and under seal]that is to say, t [Here state the things awarded to be done-see following forms.] IN WITNESS WHEREOF, I have subscribed these presents, this day of [Signature, and seal also, if required by the submission.] . at [Witness's signature.] 241. Award for Payment of Money in Full. within dollars, [As in Form 239 or 240, inserting at the ↑ the following:] The said Y. Z. shall pay, or cause to be paid, to the said A. B. the sum of days from the date hereof, in full payment, discharge, and satisfaction of and for all moneys, debts, and demands and claims whatever [referred to in the submission] due or owing from him the said Y. Z. to the said A. B. at any time before the date of said submission. † 242. Award for Damages for Breach of Warranty. day of [As in Form 239 or 240, inserting at the † :] That the said A. B. did sell to the said Y. Z. a certain horse on the last, warranting him to be sound in every respect, for the price of one hundred and fifty dollars. The said horse is, and was at the time of such sale, unsound, and worth only the sum of forty dollars; and the said A. B. should pay to the said Y. Z. one hundred and ten dollars for the difference in price, and thirty dollars for the expenses of keeping him, besides the costs of this arbitration. 243. Award for Delivery of Goods. [As in Form 239 or 240, inserting:] That the said Y. Z. shall freely deliver up to the said A. B., on request by him to be made, one trundle-bed, and three pair of sheets thereto belonging, one mahogany table, one dozen chairs, and one silver tea-set, all of which were the goods of the late M. N., deceased. 244. Award for Delivery of Writings. [As in Form 239 or 240, inserting:] That the said A. B. shall freely deliver up to the said Y. Z, on or before the day of next ensuing the date hereof, at his dwelling-house in aforesaid, all leases, deeds, and writings whatsoever concerning the estate of the said Y. Z. now in the hands Awards. and possession of the said A. B., or of any other person in trust for him, especially the leases of the dwelling-house [etc., describing the particular papers]. 245. Award for Delivering up Writings to be Cancelled. [As in Form 239 or 240, inserting :] That the said A. B. shall deliver up unto the said Y. Z. a certain indenture of mortgage made by to and dated on the 18 cancelled or to be cancelled. day of 246. Award for Giving a Bond for Payment of Money. days [As in Form 239 or 240, inserting :] That the said A. B., within after notice of this award, shall well and sufficiently make, seal, and deliver to the said Y. Z. a bond or obligation in the penal sum of dollars, conditioned for the payment of dollars to the said Y. Z., his executors, administrators, and assigns, on or before the 'day of interest at per cent. per annum, payable semiannually from this date. 247. Award for Assignment of a Mortgage. 18 with [As in Form 239 or 240, inserting :] The said Y. Z. shall make, execute, and deliver to the said A. B., on or before the day of instant, a good and sufficient assignment of a certain bond and mortgage, executed by one I. J. to said Y. Z., etc.; and the said A. B. shall pay, or cause to be paid, to the said Y. Z., the sum of dollars, immediately upon the execution and delivery of the said assignment. 248. Award for Specific Performance of Agreement to Assign a Lease. [As in Form 239 or 240, inserting :] That the said A. B., or his heirs, shall and do, on or before the day of next ensuing the date hereof, make and execute to said Y. Z. a good and sufficient conveyance of his interest as lessee for years of a certain farm in the possession of the said A. B., situate at according to the true intent and meaning of certain articles of agreement, bearing date on or about the day of and made between the said A. B. of the one part, and the said Y. Z. of the other part, or as near the same as the present circumstances will admit. 249. Award for Specific Performance of Contract to Convey Land. [As in Form 239 or 240, inserting:] That A. B. shall, on or before the day of next, by such deed or deeds as the said named Y. Z., his heirs or assigns, or his or their counsel shall advise, well and sufficiently grant, convey, and assure unto the said Y. Z., his heirs and assigns, forever, a certain piece of ground, situated in and known and described as follows [describing it]. And that upon the execution of the said conveyance, the said Y. Z. shall pay, or cause to be paid, unto the said A. B. the sum of dollars, and shall also give security by bond and a mortgage of the premises (if required) for the payment of the sum of dollars, in manner following-to wit, etc. Awards. 250. Provision for the Discontinuance of All Suits. [Insert in previous forms:] And we do further award, that all actions and suits commenced, brought, or depending between the said A. B. and Y. Z., for any matter, cause, or thing whatsoever, arising or happening at the time of, or before their entering into the said submission [or, bonds of arbitration], shall, from henceforth, cease and determine, and be no further prosecuted or proceeded in by them, or either of them, or by their, or either of their means, consent, or procurement. 251. For Discontinuance of Suit, with Costs. [Insert in preceding forms :] And we do further award, that the said Y. Z. shall forthwith cease to prosecute, and shall discontinue a certain suit commenced by him, against the said A. B., in the Court of county, now pending and undetermined in said court; and the said A. B. shall pay, or cause to be paid, to the said Y. Z., on or before the day of the sum of dollars, in full satisfaction of the costs, charges, and expenses incurred by the said Y. Z., in and about the prosecution of his suit as aforesaid. 252. For General Releases. [Insert in either of preceding forms:] And we do further award that the said A. B. and Y. Z. shall, within days next ensuing the date hereof, execute unto each other, under seal, mutual and general releases of all actions, cause and causes of action, suits, controversies, claims, and demands whatsoever, for or by reason of any matter, cause, or thing, from the beginning of the world down to the date of the said submission [or, said bonds]. 253. For Costs of the Arbitration. [Insert in preceding forms:] And we do further award, that the sum of dollars, being the expenses and charges incident to this arbitration, shall be paid by the said A. B. [or, by them, the said A. B. and Y. Z., in equal shares]. II. ARBITRATION UNDER THE STATUTE. 254. Submission. [The submission will be by bond or agreement, in the form of No. 216, 217, 218, 227, or 228, with the addition of the following clause at the end, before the attestations.](u) And it is hereby agreed that judgment in the Supreme Court of the State of county, (u) In an arbitration under the statute, it is essential that the bond or agreement of submission have a subscribing witness. In those States where it is required [or, County Court of that the submission be acknowledged, the certificate may be framed by consulting the forms given in the chapter of AoKNOWLEDGMENT AND PROOF OF DEEDS, Statutory Arbitration. or name any other court of record] shall be rendered upon the award to be made as aforesaid, to the end that all matters in controversy between the said parties [or, the above-mentioned matter in controversy] may be finally concluded. [Notice of Appointment or of Hearing, as in Form 231 or 232.] 255. Oath of Arbitrators. We, the undersigned, arbitrators, appointed by and between A. B. and Y. Z., do swear. that we, respectively, will faithfully and fairly hear and examine the matters in controversy between the parties above named, and make a just award thereon, according to the best of our understanding. Sworn before me, this [Signature of officer.](*) day of 18 [Signatures.] 256. Oath of an Applicant to a Justice of the Peace for a Subpæna. You do swear that you will make true answers to such questions as I shall put to you, touching the necessity and propriety of my issuing a subpœna upon your present application therefor. 257. Subpana to Appear Before Arbitrators. THE PEOPLE of the State of New York, to H. I. and J. K., Greeting: You are commanded to be and appear before M. N., O. P., and Q. R., or any two or more of them, arbitrators chosen to determine a controversy. between A. B. and Y. Z., at the office of M. N., in the village of , on the day of at o'clock in the noon, then and there to testify and give evidence in relation to said controversy before said arbitrators, on the part of said ; and hereof fail not at your peril. 18 [Agreement to Extend Time for Award, as in Form 234.] [Awards, as in Forms 239 to 253.] 258. Affidavit to the Submission, by the Subscribing Witness. COUNTY OF J. K., of 88. being duly sworn, says that he knows(w) [name the obligor in the bond, or the subscribers of the agreement, as the case may be] who (v) Administered, under the New York statute, by any judge of a court of record, justice of the peace, or commissioner of deeds. Laws of 1843, chap. 187. (w) Under a statute which, like that relating to arbitration, did not prescribe the contents of a certificate of proof by wit ness, it was held not necessary that the certificate state that the officer knew the witness, nor that the witness knew the party subscribing. Jackson v. Philips, 9 Cow., 94. Statutory Arbitration. executed the annexed instrument, and that he was present and saw said A. B. [and Y. Z.] [or say, and that said A. B and Y. Z. did, at the time of execution, acknowledge to him that they did] sign, seal, and deliver the same as his [or, their] free act and deed, for the purposes therein mentioned;(x) and that the name A. B. [and the name Y. Z.], subscribed to the said bond [or, agreement] is [each] the proper and genuine signature of the said A. B. [and Y. Z. respectively]; and that this deponent set his name as a subscribing witness to the same, at the time of its execution and delivery by the said A. B. [and Y. Z.] as aforesaid. [Signature of deponent.] 259. Affidavit to the Award, by the Subscribing Witness. 88. J. K., of being duly sworn, says: That he knows [name the arbitrators], who made the annexed award, and that he was present and saw said [arbitrators] sign, publish, and declare [or say, and that said arbitrators did acknowledge to him that they did sign, publish, and declare] the same as their final award and arbitration in writing, between A. B., of and Y. Z., of 18 ; and that the names, M. N., O. P., and Q. R., subscribed to the said award, are the proper and genuine signatures of the said M. N., O. P., and Q. R.; and that this deponent set his name as a subscribing witness to the said award, at the time of its execution and publication as aforesaid. Sworn [etc., as in Form 258.] on the day of [Signature of deponent.] 260. The Same, by the Arbitrators. 88. M. N., O. P., and Q. R., the arbitrators described in the within [or, annexed] award, being duly severally sworn, say that on the day of , they, as such arbitrators, signed, published, and declared the said award, as their final award and arbitration in writing, between A. B., of and Y. Z., of [Signatures of arbitrators.] Sworn [etc., as in Form 258.] 261. Proof of Service of Award. COUNTY OF 88. S. T., of being duly sworn, says that on the at in the town of he served the within award [or, the award of which the within is a counterpart], upon A. B. and Y. Z., by delivering to and leaving with them [a true copy of] said original award. Sworn [etc., as in Form 258.] [Signature of deponent.] (a) An acknowledgment made a long ficient in Hollenbach v. Fleming, 6 Hill, time after the transaction, was held insuf- 803. |