find the same; and the same so arrested, you keep under safe and secure Vol.III. C.XIII. arrest until you shall receive further orders from us; and that you cite at the premises all persons in general who have or pretend to have any right, title, or interest therein, to appear before us, or our judge of our said high court of admiralty of England, or his surrogate, in the common hall of Doctors Commons, situate in the parish of St. Benedict, near Paul's Wharf, London, on the sixth day after the arrest, if it be a court-day, otherwise on the court-day next following, between the usual hours for hearing of causes, there to answer unto R. D. the owner of one-eighth, S. L. H. and Co. the owners of one-quarter, J. B. the owner of one-eighth, D. D. the owner of one-eighth, J. E. the owner of one-eighth, and T. D. the owner of one-sixteenth part of the said ship, Jane and Ann, in a cause of possession, civil and maritime; and further, to do and receive in this behalf as unto justice shall appertain; and that you duly certify us, or our said judge, or his surrogate, what you shall do in the premises, together with these presents. Given at London, in our aforesaid court, under the great seal thereof, the fifteenth day of November, in the year of our Lord one thousand eight hundred and twenty-one, and of our reign the second. (By decree.) (Signed) A-, registrar. Admiralty. George the Third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, to the honourable H. L. marshal of the high court of our admiralty of England, and to his deputy whomsoever, greeting: We do hereby empower and strictly charge and command you, jointly and severally, that you omit not by reason of any liberty or franchise, but that you arrest or cause to be arrested the ship or vessel called the Union (whereof S. B. was master), wheresoever you shall find the same; so arrested, you keep under safe and secure arrest, until you shall receive further orders from us; and that you cite at the premises all persons in general who have or pretend to have any right, title, or interest therein, to appear before the judge of the high court of our admiralty of England, or his surrogate, in the common hall of Doctors Commons, situate in the parish of Saint Benedict, near Paul's Wharf, London, on the third day after the arrest, if it be a court-day, otherwise on the court-day next following, between the usual hours for hearing of causes, there to answer unto T. H. late a mariner on board the said ship, in a cause of wages, civil and maritime; and further, to do and receive in this behalf as to justice shall appertain; and that you duly certify our said judge, or his surrogate, what you shall do in the premises, together with these presents. Given at London, in our aforesaid court, under the seal of the same for causes, the twentyseventh day of July, in the year of our Lord one thousand eight hundred and sixteen, and of our reign the fifty-sixth. One hundred pounds. A-, registrar. R (Penalty of Bond in usual form.) whereof is master, Bond on an Arrest of Ship for Salvage con. ditioned for putting in Bail in Admiralty, to answer, &c. (1) and Whereas the ship or vessel called the her tackle and cargo, were this day arrested by virtue of a warrant issued out of his majesty's high court of admiralty of England, at the suit of others, in a cause of salvage, civil and maritime, and bearing date the day of ― instant, and returnable before the judge of the high court of admiralty of England, or his surrogate, in the common hall of Doctors Comthe- day of next ensuing: And whereas the said mons, on (1) Montefiore, 165. Vol. III. C.XIII. being agent for and on the behalf of the owners of the said ship or vessel and cargo, or some of them, has requested — to whom the said warrant was sent for execution, that the said ship or vessel might be permitted to proceed to the port of -, (whither she was about to sail) in order that the great loss and hindrance to the owners of her and her cargo, by her detention, whilst bail is putting in to the said arrest, or before a settlement take place between them and the complainants, may be avoided, upon his the said -entering into the above obligation with the underwritten condition, which the said - has consented to: Now therefore the condition of this obligation is such, that if good and sufficient bail to the said arrest of the said ship or vessel and cargo be in due manner put in and justified in the high court of admiralty aforesaid, at the return of the said warrant, or within the time allowed by the rules of the said court, without further notice to the said or any of the owners of or concerned with the said ship and cargo; and if due notice be thereof given to the proctors (procuring the said warrant), unless in the meantime full satisfaction be made to the said. and other the complainant or complainants therein, for their demands in the said ship or vessel and cargo: Then, &c. Mary Ann. Recognizance with Sureties, where Owners have arrested Ship, for her safe 12th January 18On which day B. exhibited as proctor, and made himself a party for G. G. H. master of the said ship Mary Ann, and produced for sureties of Two-Eighths J. C. of Wapping High Street, mathematical instrument maker, and J. P. of the same place, undertaker, who submitting themselves to the jurisdiction of this court, bound themselves, their heirs, executors, and administrators for the said G. G. H. in the sum of £684 of lawful money of Great Britain (being double the appraised value of two eighth parts of the said ship), unto W. F. of Rood-lane Fenchurch-street, London, merchant, and P. F. of Harwich in the county of Essex, owners of the said two eighth parts or shares of the said ship, for the return of the said ship to the amount of the shares of the said W. F. and P. F.; and unless they shall so do, they do hereby severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same shall be found, to the value of the sum afore-mentioned; which caution the said surrogate received on the report of J. D., marshal of this court, as to the sufficiency of the said sureties; and at the petition of B., decreed the said ship to be released from the arrest. Warrant to Sale of Ship, &c. upon a Decree in a Suit in the Court of Admiralty for Seamen's Wages. Present, B. George the third, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, to the honourable H. L., marshal of the high court of our admiralty of England, and to his deputy whomsoever, greeting: Whereas the worshipful S. P. P., doctor of laws, surrogate of our beloved the right honourable Sir W. S. knight, doctor of laws, our lieutenant of the high court of our admiralty of England, and in the same court official principal, and commissary general and special, and president and judge thereof, lawfully constituted and appointed, in a certain cause of subtraction of wages civil and maritime, moved and prosecuted before him in our said court on behalf of T. H. late mariner, against the ship called Union, (whereof S. B. was master), her tackle, apparel, and furniture, rightly and duly proceeding at the petition of the proctor of the said ship Union, her tackle, apparel, and furniture, (justice so requiring); we do therefore by these presents authorize and empower you (1) See Holt on Shipping, 2 vol. 436. jointly and severally, and do strictly charge and command you that you Vol.III.C.XIII. expose or cause the aforesaid ship Union, her tackle, apparel, and furniture, to be exposed to public sale, and that you sell or cause the same to be sold to the best bidder, and that you bring or cause to be brought the produce money arising from such sale into the registry of our aforesaid court, within two months from the day of the date hereof, to be there kept for the use of the persons who shall be entitled thereto; and that at the same time you duly transmit the account of such sale, subscribed by you, to our aforesaid judge of our said court, or his surrogate, together with these presents. Given at London in our aforesaid court, under the seal of the same for causes, the 30th July, in the year of our Lord 1817, and of our reign the fifty-seventh. A-, registrar. On Saturday the second day of May, in the year of our Lord 1818, before the right honourable Sir W. S. knight, doctor of laws, lieutenant of the high court of admiralty of England, and in the same court official principal, and commissary general and special, and president and judge thereof, lawfully constituted and appointed, in the common hall of Doctors Commons, London; present J. F. one of the deputy registrars. Warrior, Daniel Peache, Master. M. B. of Camberwell, in the county of Surrey, esquire,' against the said ship Warrior, her tackle, apparel, and furniture, and the freight due for the transportation of the cargo now or lately on board the said ship, in a cause of possession civil and maritime, and against J. D W., intervening as the legal owner of the said ship. Fenton. Pulley. For further Argument. Pulley brought in attestation of the said D. P. with an exhibit annexed. The judge having heard further information by counsel on both sides by interlocutory decree, pronounced against the interest of Fenton's party, asserting himself to be owner of the said ship, and decreed the warrant to be superseded, and moreover dismissed the bail given on the 10th of October 1817, on behalf of Pulley's party. Decree against Owners, and CHAP. XIV. Form of Remedies in Equity and at Law. (See ante vol. 3. 619 to 636). No precedents under these heads are here Vol. III. C.XIV. published; not only because they are so numerous, but also because they are already published in the practical works on the subject. Vol. III.Ch.XV. Submission to Arbitration by Indenture. (1) Recital of par ticular Differenceɛ. (2) Parties agree to refer Disputes to Arbitration, and Covenant to abide the Award. CHAP. XV. Forms relative to Arbitrations. THIS Indenture made the day of in the year of the reign, &c., and in the year of our Lord 1823; between A. B. of, &c., of the one part, and C. D. of, &c., of the other part. Whereas, disputes and differences have arisen between the said A. B. and C. D., relative to (here state the subject of difference between the parties): And whereas they the said A. B. and C. D. have agreed to refer the same to the award, order, judgment, and determination of E. F., of, &c., and G. H.,of, &c.,and such other person, if any, as they may think proper to name in pursuance of the power hereinafter contained: Now this indenture witnesseth, that in pursuance of the said agreement, they the said A. B. and C. D., for themselves severally and respectively, and for their several and respective heirs, executors and administrators, do hereby covenant, promise and agree with and to each other, and the heirs, executors and administrators of each other respectively, in manner following; that is to say, that they the said A. B. and C. D. respectively, each of them covenanting separately as aforesaid, shall and will well and truly observe, perform, and keep the award, order, arbitrament, and final determination of the said (arbitrators) and of such other person as they shall or may name and appoint by virtue of the power hereinafter contained to be umpire between them or to assist them in or concerning the premises of and concerning all and all manner of differences, controversies, claims and demands whatsoever now subsisting or depending by or between the said parties or any of them, and so hereby to them referred as aforesaid, or any thing in any wise relating thereto so that the award of the said (arbitrators), and of such other person as aforesaid, if any shall be so appointed, or of any two of them, be made in writing under their respective hands within the space of one calendar month from the date hereof: Provided nevertheless, that in case the said (arbitrators) should be desirous of having further time for making their award, not exceeding from the expiration of the period hereby appointed for that purpose, and shall signify the same under their hands by indorsement on these presents, then and in such case the award so to be by them made within the said further or extended period shall be equally binding and effectual, as if the same had been made and declared at or before the expiration of the said Power for the period of one calendar month from the date hereof: And it is hereby de clared and agreed by and between all and every the said parties hereto, that if they the said (arbitrators) shall not agree upon the said award determination to be by them made in or concerning the premises; or if before any such disagreement take place they shall think proper so to do, it shall be lawful for them the said (arbitrators) and they are hereby expressly empowered by writing under their respective hands to appoint any other indifferent person to be umpire in, or to concur and join with them in considering and determining all or any of the premises hereby to them referred: And in case the said (arbitrators) cannot agree upon an award or determination to be by them made within the said period of one calendar month, and shall refuse or neglect to appoint an umpire for the space of fourteen days next after the expiration of the said period, then such person as L. M. shall ap So that the same Arbitrators to appoint an Umpire. And on neglect for Days he may be appointed by a named Per son. (3) (1) Wilde's Supp. vol. 1. 129. As to the submission in general, see ante, 3 vol. 63o. (2) When the reference is of all matters days in difference it seems unnecessary to recite particular differences. (3) This is an unusual clause, day of If made within one month. Authority of Order Convey. ances. pended. point, on application made to him for that purpose by either of the parties Vol.III.Ch. XV. hereto, shall be an umpire in or concerning the premises: And the award Award of Umor umpirage, order or determination, which shall be made by the said umpire pire to be final. concerning the premises, shall be as conclusive upon all and every the parties hereto and their respective representatives, as if he had been appointed by these presents, so that the same be made in writing under his hand within one calendar month next after reference thereof shall be to him made: And it is hereby declared and agreed, that the said arbitrators or umpire, or any two of them, as the case may be, shall have full power and authority to Arbitrators or dismiss or order the dismissal of the suit so now depending between the said Umpire to disparties hereto as aforesaid, and a release from all and each of the said miss Suit. parties hereto of the subject matter thereof, and to make or give any orders and regulations or directions which they or he shall think proper as to the time and terms of such dismissal and release respectively; and also to order and award a conveyance or other assurance from or by the said (first party) to the said (second party), his heirs, executors, administrators and assigns, or such person or persons as he or they shall appoint, of all or any of the messuages, lands, and hereditaments contained or referred to in or by the said in part recited indenture of the ; and also to Payment of order or direct any further consideration money or consideration monies to Consideration be paid by the said (second party), his heirs, executors or administrators, to Money. the said (first party), his executors, administrators or assigns upon, the execution of any such conveyance or assurance which they or he shall think reasonable or just: And further, that the said suit now depending between Suit now dependthe said parties shall be suspended, and no further proceedings had therein, ing to be susnor any other action, suit, or proceeding at law or in equity be commenced or prosecuted by any or either of the said parties, his or their heirs, executors, or administrators, against the other or others of them, his or their heirs, executors, or administrators, in relation to the matters and things aforesaid, or any of them, until the said award or umpirage shall have been made and delivered, or the said arbitrators or their umpire shall have declined or neglected to make their award or umpirage within the respective times hereby limited for that purpose: And it is hereby further declared and agreed Submission to be that the present reference or submission shall or may be made a rule in made a Rule of his majesty's court of king's bench at Westminster, on the application of either of the parties hereto, his or her heirs, executors, administrators, or assigns; and that no action or suit at law or in equity shall be commenced or prosecuted against the said arbitrators or umpire, concerning his or their award or determination after the same shall have been so made as aforesaid, nor to impeach the said award or umpirage, unless some collusion or other fraud be discovered or appear therein: And the several Parties submit parties hereto do hereby respectively agree and submit to attend the to be examined. said arbitrators and umpire, and to be examined upon oath by the said arbitrators or umpire, relative to all or any of the matters so in difference as aforesaid; and also to produce unto and deposit with the said arbitrators or umpire, if thereto required, all, or any deeds, writings, papers, and evidences in their respective custody or power concerning the same, when and as often as they shall respectively be thereunto required in writing under the hands or hand of the said arbitrators or umpire, and in default thereof the said arbitrators or umpire shall or lawfully may determine ex-parte, or otherwise, at their or his discretion: And moreover, that If no Award in case no award shall be made by the said arbitrators or umpire within made within the the time hereinbefore appointed for that purpose, the lord chancellor, or vice Lord Chancellor, chancellor, or lord keeper, or lord commissioners of the great seal for the &c. to award. time being, or any other judge or justice, or judges or justices before whom the aforesaid suit shall or may for the time being be depending, shall have and may exercise all the personal authorities hereby given, or intended to be. Court. time limited, the |