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Release from a Legatee upon his coming to Age. Know all men by these presents, that whereas A. B., of made his last will and testament in writing, bearing date and among other legacies therein contained, did give and bequeath unto me, C. D., of —, his son, the annual sum of — to be paid to me quarterly, until I should attain the age of one-and-twenty years; and of his will constituted E. F. and G. H. joint executors, es in and by the said will may appear: and whereas the said E. F and G. H. did jointly accept of the said executorship and trust, an. 1, the said C. D., have attained my said age of twenty-one years: and whereas the said E. F. and G. H. have made up an account with me, the said C. D., of all moneys received and paid by the said E. F. and G. H., and all transactions in pursuance of the said executorship and trust, and have not only paid me, the said C. D., the balance of such accounts, but also delivered unto me all the writings and papers belonging to the estate of the said deceased A. B.: Now know ye, that I, the said 0. D., being fully satisfied in the premises, have remised, released, and forever quit-claimed, and by these presents do remise, release, and forever quit-claim unto the said E. F. and G. H., and each of them, their and each of their executors and administrators, all reckonings and accounts, sum and sums of money, by them had and received in pursuance of the said trust, or by means of their being executors to the said A. B. as aforesaid ; and also of and from all other reckonings, accounts, and demands whatsoever, from the beginning of the world to the day of the date of these presents.
As witness, &c., as in Release of all Demands.]
ARBITRATIONS AND AWARDS. The act by which two or more parties refer a matter in dispute to the decision of third parties, is called submission ; the parties to whom the matter is referred, arbitrators ; and their decision an award.
A verbal decision is valid ; but an award, made upon such subdission, can be enforced only by a suit, while a submission in writing authorizes the entry of a judgment in accordance with tho tenor of the award.
Submissions, written and verbal, may be revoked by either of the disputants, at any time prior to the rendering of the award But the party revoking is liable to the opposing party for all costs and damages incurred in preparing for the arbitration.
The award, to be good, must not embrace any matter not oomprobonded in the submission. The award must comprehend overy item or thing submitted. It must not be of a thing unreasonable aor against law, nor morally or physically impossible to the party and it must also be certain—that is, capable of being reduced to certainty-advantageous, mutual, and final.
Arbitrators are authorized by custom, but not by law, to charge the same fees allowed to referees appointed by a court of record viz. : three dollars per day each, for each day necessarily spent in bringing the case to a settlement; the money to be paid whon they bring in their award or report. The parties are at liberty, howover, to agree at the outset, in writing, upon a specified compon. nation.
Common Bond of Arbitration. Know all men by these presents, that I, A. B., of the town of
in the county of gentleman, am held and firmly bound to C. D., of the city of merchant, in the sum of $500, of good and lawful money of the United States, to be paid to the said C. D., or to his certain attorney, executors, and adıninistiators, or assigns, for which payment, to be well and faithfully made, I bind myself, my heirs, executors, and administrators, firmly, by these presents Sealed with my seal; dated the
The condition of this obligation is such, that if the above bounded A. B., his heirs, executors, and administrators, on his or their parts and behalves, shall, and do, in all things, well and truly stand to, ebey, abide by, perform, fulfil, and keep the award, order, arbitramunt, and final determination of M. N., 0. and Q. R., of, &o., arbitratore, indifferently elected and named, as well on the part and behalf of the above bounden A. B. as of the above named C. D., to arbitrate, award, order, judge, and determine, of, and converning all, and all manner of action and actions, cause, and causes of actions, suits, bills, bonds, specialities, judgments, executions, quarrels, controversies, trespasses, damages and demands whatsouver, at any time heretofore had, made, moved, brought, commenced, sued, prosecuted, done suffered, committed, or depending by and between the said parties, so as the said award be made in writing, under the hands of the said M. N., 0. P., and Q. R., or any two of them, and ready to be delivered to the said parties in diffe. rence, or such of them as shall desire the same, on or before the
day of —, then this obligation to be void, or else to remain in full force.
[If it is iutended to have a judgment entered on an award, and to give power to u court of record to modify or vacato the award
according to the statute, the following clause must be added at the end of the condition, as follows:]
And it is hereby agreed, that a judgment of the Supreme Court of Judicature of the People of the State of shall be rendered upon the award to be made pursuant to the above submission.
Arbitrator's Oath. TO BE ADMINISTERED BY A JUDGE OF A COURT OF RECORD OR
JUSTICE OF THE PEACE. You do severally swear, faithfully and fairly to hear and examine the matters in controversy between A. B., of the one party and C. D., of the other part, and to make a just award according to the best of your understanding.
in the year
Subpæna to appear before Arbitrators. Tha People of the State of to S. T., U. V., and W. Y You, and each of you, are commanded personally to appear and attend at the house of in the town of and in the county of on the day of
at ten o'clock in the fore. noon of that day, before M. N., 0. P. and D. R., arbitrators chosen to determine a controversy between A. B. and C. D., then and there to testify as a witness in relation thereto, before said arbitrators, on the part of the said A. B. Hereof fail not at your peril. Given under my hand, this
R. S., Justice of the Peace
in the year
Award of Arbitration. To all to whom these presents shall come, A. A., of C. C., of
and D. D., of send greeting: WHEREax, divers suits, disputes, controversies, and differences, have happened and arisen, and are now depending, between E. E., of — and F. F.. of for pacifying, composing, and ending whereof, the said E. E. and F. F. have bound themselves each to the other, in the penal sum of $500, hy several bonds or obligations, bearing date last past, before the date hereof, with con. dition thereunder written, to stand to, obey, ahide, perform, and keep the award, order, arbitrament, final end and determination of the said A. A., C. C., and D. D., arbitrators indifferently named, elected, and chisen, as well on the part and behalf of the said E. E., as of the said F. F., to arbitrate, award, adjudge, and determine, of and concerning all, and all manner of action and actiong, pauso and causes of actions, suits, bills, bonds, judgments, exeuu
tions, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time or times theretofore had, made, com. menced, sued, prosecuted, or depending, by or between the said parties, or either of them, so as the said award should be made in writing, under the hands and seals of the said arbitrators, or any two of them, ready to be delivered unto the said parties, or such of them as should require the saine, on or before the - day of this instant, as by the said obligations and conditions thereof it doth and may appear: Now know ye, that the said A. A., C. C., and D. D., taking upon them the charge and burden of the said oward, and having deliberately heard the allegations and proofs of both the said parties, do, by these presents, arbitrate, award, order, decree, and adjudge, of and concerning the premises, in man ner and form following; that is to say:
First, they do award, order, decree, and adjudge, that the said F. F., or his heirs, shall and do, on or before the
day of next ensuing the date hereof, make and execute a good and sufficient conveyance of his interest, as lessee for years, of a certain farm in the possession of the said F. F., situate pursuant and 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 F. F., of the one part, and the said E. E., of the other part, or as rear the same as the present circumstances will admit.
And also, the said arbitrators do further award, decree, and adjudge, that the said F. F., his executors or administrators, shall and do, on or before the
next ensuing the date hereof, pay, or cause to be paid, unto the said E. E., his executors or administrators, at, or in the now dwelling-house of the said E. E. in aforesaid, the sum of fifty dollars, in full payment, discharge, and satisfaction, of and for all moneys, debts, dutios, due or owing unto the said E. E., by the said F. F., upon any account whatsoever, at any time before their entering into the said bonds of arbitration, as aforesaid.
And also, the said arbitrators do hereby further award, order docree, and adjudge, that all actions and suits commenced brought, or depending between the said E. E. and F. F., for any patter, cause, or thing whatsoever, arising or happening at the time of, or before their entering into the said 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 wither of their means, consent, or procurement.
And lastly, the said arbitrators do horeby further award, order, adjudge, and decree, that the said E E. and F. F. shall and do, within the space of two days next ensuing the date of this present award, seal and execute unto each other mutual and general reIcases of all actions, cause and causes of actious, suits, controversies, trospasses, debts, duties, damages, accounts, rock )nings, and demands whatsoever, for or by reason of any matter, cause, 01 • thing whatsoever, from the beginning of the world to the day of the date of the said bonds of arbitration, as aforesaid.
In testimony, &c., las in Certificate of Magistrate, &c.]
Appointment of a Guardian by a Minor. Know all men by these presents, that I, A. B., of
- son and heir of W. B., late of deceased, being above the age of fourteen years, namely, about the age of seventeen years, bave nominated, elected, and chosen, and by these presents do, &c., C. D., of
to be guardian, as well of my person as of my real and per sodal ostate, until I shall attain the age of twenty-one years, &c. In witness whereof, I have hereunto set my hand and seal, this
day of in the year one thousand eight hundred and sixty.
A. B. SEAL.]
Common Form of Affidavit.
Then the above named A. B. personally appeared, and made vath (or, sulemnly affirmed] that the egoing declaration, by him subscribed, is true
J. S., Justice of the Peaco.
Affidavit to hold to Bail. A B., of —, in -county, merchant, on oath declares, that be has a demand against the within named C. B., upon the cause of action stated in the within writ, which he believes to be justly due, and upon which he expects that he will recover ten dollars or upward; and that he has reasonable cause to believe that said C D. is about to depart beyond the jurisdiction of the court to which said writ is returnable, and not to return until after judgment may probably be recovered in said suit, so that he cannot be arrested on the first execution (if any) which may issue in said suit.
A. B. Subscribed and sworn to, this first day of January, A. D. 1860 Before mo,
J. S., Justice of the Pouco