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the other; the said claims and contracts, so cancelled and deliv ered up, being supposed and intended to be all the claims and evidence of claim by each of the parties hereto on the other. And in consideration thereof, each of them, the said A. B. and C. D., does hereby, for himself and his legal representatives, release, and absolutely and forever discharge the other, of and from all claims and demands, actions, and causes of action, of every name and nature, so that neither of them shall have any claim on the other, directly or indirectly, on any contract, or supposed liability, or thing un dertaken, done, or omitted to be done, from the beginning of the world to this day.
As witness, &c., [as in Release of all Demands.]
Release to a Guardian.
KNOW all men, &c., that A. B., &c., son and heir of B. B., de ceased, hath remised, released, and forever quit claimed, and by these presents doth remise, &c., unto C. D., of --, his guardian, all, and all manner of action, actions, suits, reckonings, accounts, debts, dues, and demands whatsoever, which he, the said A. B., ever had, now hath, or which he, his executors or administrators, at any time hereafter can or may have, claim, or demand, against the said C. D., his executors or administrators, for, touching, and concerning the management and disposition of any of the lands, tenements, and hereditaments of the said A. B., situate, &c., or any part thereof, or for or by reason of any moneys, rents, or profits by him received out of the same, or any payments made thereout, during the minority of the said A. B., or by reason of any matter cause, or thing whatsoever, relating thereto, from the beginning of the world to the day of the date hereof.
As witness, &c., [as in Release of all Demands.]
Release of a Proviso or Condition. KNOW all men, &c., that I, A. B., of for divers good con siderations me hereunto moving, have remised, released, and quit claimed, and by these presents, for me, my executors, administra tors, and assigns, do, &c., unto L. M., of his heirs, executors, administrators and assigns, as well one proviso or condition, and all and every the sum and sums of money specified in the same proviso or condition, contained or comprised in one pair of inden tures, of, &c., bearing date, &c., made between me, the said A. B of the one part, and the said L. M., of the other part, and also all and all manner of actions and suits, cause and causes of action and suits, for or concerning the said proviso cr condition.
As witness, &c. [as in Release of all Demands.]
Release of a Trust.
To all, &c., A. B., &c., sendeth greeting: WHEREAS, by indenture bearing date made between, &c, here recite the deed.] in which said indenture the said A. B. doth hereby declare that his name was only used in trust, for the benefit und behoof of C. D., of- -: Now know ye, that I, the said A. B., in discharge of the trust reposed in me, at the request of the said C. D., have remised, released, and surrendered, assigned, and set ver, and by these presents, for me, my executors and administra ors, do freely and absolutely remise, &c., unto the said C. D., his executors, &c., all the estate, right, title, interest, use, benefit, privilege, and demand whatsoever, which I, the said A. B., have, or may have, or claim, of or to the said premises, or of and in any sum of money, or other matter or thing whatsoever, in the said indenture contained, mentioned, and expressed; so that neither I, the said A. B., my executors or administrators, or any of us, at any time hereafter, shall or will ask, claim, challenge, or demand, any interest, &c., or other thing, in any manner whatsoever, by reason or means of the said indenture, or any covenant therein contained, but thereof and therefrom, and from all actions, suits, and demands, which I, my executors, administrators, or assigns, may have concerning the same, shall be utterly excluded and forever debarred by these presents.
As witness &c. [as in Release of all Demands.]
Release of Dower to the Heir.
KNOW all men, &c., that I, A. B., &c., relict of B. B., late, &c., as well for and in consideration of, &c., to me paid, at or before, &c., by my son, J. B., &c., (the receipt whereof I do hereby acknowledge,) and for the love and affection which I have to my said son, have granted, remised, released, and forever quit-claimed, and by these presents do, &c., unto the said J. B., his heirs and assigns forever, all the dower and thirds, right and title of dower and thirds, and all other right, title, interest, property, claim, and demand whatsoever, in law and in equity, of me, the said A. B., of, in, and to; [a description of certain parcel of land, &c., and how it descer.ded to A. B. and B., so that neither I, the said A. B., my heirs, executors, or administrators, nor any other person or persons, for me, them, or any of them, shall have, claim, challenge, or demand, or pretend to have, &c., any dower or thirds, or any other right, title, claim, or demand, of, in, or to the said promises but thereof and therefrom shall be utterly debarred and excluded forever by these presents.
As witness, &c., [as in Release of al Demands.]
Release from a Legatee upon his coming to Age.
KNOW all men by these presents, that whereas A. B., ofmade 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, as 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. I, 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 C. 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 subnission, can be enforced only by a suit, while a submission in writing authorizes the entry of a judgment in accordance with the 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 compro
hended in the submission. The award must comprehend every item or thing submitted. It must not be of thing unreasonable nor 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 when they bring in their award or report. The parties are at liberty, however, to agree at the outset, in writing, upon a specified compensation.
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 administrators, 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 bounden 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, obey, abide by, perform, fulfil, and keep the award, order, arbitra ment, and final determination of M. N., O. P., and Q. R., of, &c.. arbitrators, 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 concerning 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 whatso ever, 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., O. 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 intended to have a judgment entered on an award, and to give power to a court of record to modify or vacate 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.
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 part, and C. D., of the other part, and to make a just award according to the best of your understanding.
Subpoena to appear before Arbitrators.
THз 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, in the year - at ten o'clock in the forenoon of that day, before M. N., O. 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
in the year R. S., Justice of the Peace
Award of Arbitration.
To all to whom these presents shall come, A. A., of C. C., of and D. D., of send greeting:
WHEREAS, 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, by several bonds or obligations, bearing date last past, before the date hereof, with condition thereunder written, to stand to, obey, abide, 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 chosen, 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 actions, cause and causes of actions, suits, bills, bonds, judgments, execu