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a conveyance or release of land may be awarded, (3 Bl. Com. 16.) After the making of the award the
submission is not revocable.e Submissions Before the recent act of 3d and 4th William IV., not revocable. cap. 42, either party might have revoked his sub
mission at any time before the making of the award, and before the submission was made a rule of court; but by the 39th section of that act, it is enacted, that submissions by rule of court shall not be revocable by any party without leave of court, but that the arbitrator may proceed with the reference, notwithstanding any revocation.
The death of any of the parties, before the award is made, in most cases, determines the arbitrator's powers, unless it has been otherwise agreed. A parol submission cannot be made a rule of court. (Ansell v. Evans, 7 T. R. 1; Godfrey v. Wade, 6 Moore, 488.) See Awards, p. 311.
Whereas the above-bounden C. D. was on this, &c., taken by the said sheriff in the bailiwick of the said sheriff, by virtue of the Queen's writ of capias issued out of her Majesty's court of, &c., bearing date at Westminster, the, &c., to the said sheriff directed, and delivered against the said C. D. in an action on, &c., (as the plea is,) at the suit of A. B.; and whereas a copy of the said writ, together with every memorandum and notice subscribed thereto, and all indorsements thereon, was on the execution thereof delivered to the said C. D.; and whereas he is by the said writ required to cause special bail to be put in
for him in the said court, within eight days after exe- (Bail Bond.) cution thereof on him, inclusive of the day of such execution. Now, the condition of this obligation is condition. such, that if the said C. D. do cause special bailto
" The following is the form of a bail-piece :“ In the, &c.
The first day of, &c., in the year of our Lord 1840,
(the day and year of taking bail.)
Oath for L.
L. M., Agent.
N. O., a Commissioner for taking bail.” N.B. If in the Exchequer, the bail must sign their names, but not in the other courts. If in the Common Pleas, add, “ each of the bail in L. ,” (double the sum sworn to by plaintiff.)
The affidavit of the due taking of bail is thus : " In the, &c., between, &c.
A. B., of, &c., maketh oath and saith, that the recogniz. ance of the bail or bail-piece hereunto annexed was duly taken and acknowledged by, &c., (the bail therein named) before R. S., gent., the commissioner, who took the same in this deponent's presence, the day of, &c., instant."
*N.B.–The above affidavit must not be sworn before the bail commissioner, (1 M. Clel, and Yo. 149,) but before a commissioner of the court in which the action is brought, so that he be not the defendant's attorney.
The following is the common form of the affidavit of jus tification of bail, to be sworn before the bail commissioner: “In the, &c.
Between, &c. C. D., of, &c., and E. F., of, &c., bail for the above- Common named defendant in this cause, severally make oath and say; form
davit of justi and first this deponent C. D. for himself saith, that he is a a
fication. housekeeper, for freeholder, as the case may be,] residing at, &c., aforesaid, and is worth the sum of, &c., (double the amount indorsed for bail,) over and above what will pay his just debts, and over and above every other sum for which he
(Bail bond.) be put in to the said action in her Majesty's said
court, as required by the said writ, then this present
is now bail. And this deponent, the said E. F., for himself saith, that,” &c., (similar to the first deponent.)
See Rule, 19 Hil. T. 1832.
By adopting the following form of justification, the plaintiff, upon excepting, wili (upon allowance of bail) have to pay costs. “ In, &c.
Between, &c. Form of
A. B., of, &c., one of the bail for the above-named de. justification, fendant, maketh oath and saith, that he is a housekeeper, [or (Rule 3, T. T.
freeholder, as the case may be,] residing at, [describing par1831.)
ticularly the street or place, and number, if any ;] that he is worth property to the amount of L. , [the amount required by the practice of the courts,] over and above all his just debts; [if bail in any other action, add, " and every other sum for which he is now bail ;"] that he is not bail for any defendant except in this action ; [or if bail in any other action or actions, add, “ except for C. D., at the suit of E. F., in the court of , in the sum of L. ; for G. H., at the suit of I. K., in the court of , in the sum of L. ;" specifying the several actions, with the courts in which they are brought, and the sums in which the deponent is bail ;] that the deponent's property, to the amount of the said sun of L. , over and above all his just debts, (and if bail in any other action or actions, “of all other sums for which he is now bail as aforesaid,"] consists of (here specify the nature and value of the property, in respect of which the bail proposes to justify, as follows :-Stock in trade in his business of carried on by him at of the value of L. ; of good book-debts owing to him to the amount of L. ; of furniture in his house at of the value of L. ; of a freehold or leasehold farm, of the value of L. , situate at , occupied by ; or of a dwelling-house of the value of L. , situate at occupied by ; or of other property, particularising each description of property, with the value thereof;] and that the deponent hath for the last six months resided at [describing the place or places of such residence.]
obligation to be void, otherwise to remain in full (Bail bond.) force and effect.
It is advisable, in some cases, for each of the proposed bail to make a separate affidavit.
The affidavit of justification should, if possible, be in the above form ; for if the plaintiff excepts to the bail, he will, upon allowance thereof, have to pay the costs of justification; but not if the common affidavit of justification be made. (See Rule 3, T. T. 1831.)
In the Q. B. (C. P. or Exch.) Between, &c.
I do hereby confess this action, and that the plaintiff hath sustained damages to the amount of
, (the damages laid in the declaration ; but if before declaration, put the real debt,) besides his costs and charges, to be taxed by the master, (or in the C. P., say, " by one of the prothonotaries;" or if the amount be agreed upon, say, “to the amount of L. ." And in case I shall make default in
i Cognovits and warrants of attorney, given after 1st Oce tober 1838, will be invalid, unless executed in the presence of an attorney attending on behalf, and at the request of the person executing the same, to inform him before the execution of the effect thereof, and also attested by the attorney, stating that he does so as such attorney; 1st and 2d Vict., cap. 110, sec. ix. Mason v. Kiddle, 9 Law, Jo. Ex. 37.
k If the action be brought for debt, the form will begin thus: “I confess the debt in this cause;" and put the damages at one shilling, whether before or after declaration filed.
If given after plea filed, say: “I do hereby agree to withdraw the plea (or “demurrer”] by me pleaded herein, and do confess,” &c.
If to be paid by instalments, say: "by the following instalnients; that is to say,” stating the periods allowed for payment, “ or any or either of them.”