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court. An award, the object of which is partial, and the result of which is not final, cannot be enforced, until it has been confirmed by orders nisi and absolute (ante, p. 430); but an award, pursuant to an order made in a suit depending, may be enforced, without the necessity of the submission being made a rule of court. (Haggett v. Welsh, 1 Sim. 134.) The Court will not order the payment of a fund in Court to which petitioners are declared to be entitled by an award made under an order of reference until the award has been made a rule of court. (Salmon v. Osborn," 3 M. & K. 429.)

[*436 ] *An award under the statute can only be enforced according to the forms of the court of which the submission has been made a rule, and the remedies are pursued according to the practice of that court. The mode of enforcing an award under the statute, after it has been made an order of court, is by serving a copy of the ordering part of the award, and demanding its performance either personally or under power of attorney; and, on affidavit of such facts, by serving a notice of motion that the party do that which the award says he is to do, and fixing a time within which he is to do it, and that he may pay the costs of the application. A copy of this order is personally served on the party; and demand made; if he neglects to comply, a second notice of motion must be personally served on him, that he may do what he was ordered within four days, or stand committed, and pay the costs of this application. This order is made on an affidavit of service of the first order, and of the notice of motion. A copy of this second order is personally served on the defaulter and demand made; and if not complied with, on an affidavit of such personal service and demand, it is a motion as of course to commit the party.

In the matter of Joseph and Webster, 1 R. & M. 496, an application was made that a writ of attachment might issue against Webster for the non-performance of an award. The order made was, that Webster do, within ten days after service of the order, pay the sum of -l.; or, in default, that an attachment may issue against him. So far as the attachment was concerned, the order was

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irregular, as it cannot issue against one not a party to a

cause.

An award made in a cause depending in this court is enforced in the same manner as any other order. A notice *of motion is given, and served on the [ *437 ] clerk in court of the party, that he may perform the award, and specifies what is required for him to do; as, if money is awarded, that the same may be paid. On an affidavit of the service of the notice of motion, the order is drawn up. A writ of execution of this order is served personally on the party to perform the award; and on an affidavit of such service being produced to the clerk in court of the party in whose favour the award has been made, and of demand and non-compliance, an attachment is made out by him; and the same proceedings may be taken to obtain a sequestration, as for disobedience to any decree or order of the Court.

In Knox v. Simmonds, 3 Bro. C. C. 358, it is laid down that where there is a non-performance of an award, the proper motion is, that the party may stand committed, and that an attachment is the proper remedy. The Editor, in a note, says, on service of a writ of execution of the order, and personal service of the notice of motion, a motion for an attachment might be made. Both the reporter and the editor have mistaken the practice, from not attending to the distinction between enforcing an award against a party to a suit in this court, and against one, not a party.

The Court will enforce an award made under an order of reference by consent in a cause, and it makes no difference that it is part of the reference that the parties should execute arbitration bonds. (Ormond v. Kynnersley,* 2 S. & S. 15.)

Sometimes it is necessary to file a bill for the purpose of enforcing an award. A bill will lie for specific performance of an award, because the award supposes an agreement between the parties, and contains no more than the terms of that agreement, ascertained by a third party, and then *the bill calls only for a specific perform- [ *438 ance of an agreement in another shape. (Wood v. Griffith, 1 Swanst. 54.) In Hall v. Hardy, 3 P. W. 189, an award having ordered the plaintiff to pay a sum of money, upon which the defendant was to convey, the plaintiff paid

Eng. Chan. Reps. i. 325.

the money, and filed a bill for the specific performance of the award, which the Court held regular. It is admitted that the bill would not have been necessary, if it only had sought the payment of the money; and quere, the necessity for a bill to compel the party to convey.

APPENDIX.

COURT OF CHANCERY.

ORDERS OF 3d OF APRIL, 1828, AMENDED 23d OF NOVEMBER, 1831.

TABLE OF THE MATTERS TO WHICH THE ORDERS RELATE.(1)

1. SUBPOENA returnable immediately.

2. A subpoena to be sued out for each defendant.

3. Orders for time in country causes.

4. Delivery of exceptions for insufficiency.

5. Reference of exceptions for insufficiency.

6, 7. Reference of a second or third answer on the old exceptions.

8. Time for putting in further answer.

9, 12. From what time an answer shall be deemed sufficient or insufficient.

10. After a third insufficient answer, Defendant to be examined on interrogatories. Costs.

11. *Exceptions for scandal or impertinence, and [ *440 ] reference thereof.

12. Time within which the report on a reference for insufficiency, scandal, or impertinence, must be obtained. 13. Amendment after answer and before replication. 14, 19. Time within which amendments shall be made.

(1) Extracted from the Reports of Russell, vol. 2. Russell and Mylne, vol. 1. 769.

15. Amendment after replication.

16. Dismissal for want of prosecution.

17. Subpoena to rejoin. Order for and return of a commission. Rules to produce witnesses, and pass publication. Setting down the cause.

bill.

18. Enlargement of publication.

Dismissal of the

19. Extension of time as to amendments, exceptions, and reports on exceptions, when the regular time expires in the long vacation, or the Christmas vacation.

20. Service on clerk in court.

21. Order nisi for confirming a report.

22. Service of notice of motion.

23. Order nisi for dissolving the common injunction. 24. Acceptance from a defendant, in contempt for want of answer, of the costs thereof.

25. Witnesses not to be produced at the seat of the clerk in court.

26. May be examined and cross-examined by the same examiner.

27. Costs of separate proceedings by Defendants, who appear by the same solicitor.

28. Costs occasioned by insufficiency of answer. 29, 30. Costs occasioned by amendment.

31. Costs on the allowing of pleas and demurrers. 32. Costs on the over-ruling of pleas and demurrers. 33. Costs of two counsel selected from the outer bar. [ *441 ] *34. Costs occasioned by the setting down of a cause, which, when it stands for hearing, cannot be decided by reason of some defect on the part of the plaintiff.

35. Costs of the day.

36. In case of neglect or omission on the part of the solicitor, costs to be paid by him personally.

37. Fees of clerks in court.

38. Setting down a cause both in the Lord Chancellor's

Court and at the Rolls.

39. Abatement or compromise of a cause after it is set down.

40. Security for costs.

41. Deposit upon, and costs of exceptions to a report. 42. Deposit upon, and costs of an appeal or re-hearing. 43. Any clerk in court to furnish to any person a certi

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