To be added when the parties or witnesses are to be examined upon oath.

AND IT IS HEREBY FURTHER AGREED, That the said parties and witnesses to be examined before the said arbitrators or umpire, touching the matters referred, shall be upon oath to be sworn before any of the judges of the court of common pleas, or justices of the peace, if the said arbitrators or umpire shall think fit; and that the costs of the said reference shall be in the discretion of the said arbitrators or umpires so to be chosen as aforesaid.

When the condition is special.

WHEREAS differences and disputes have arisen and are now depending between the above bounden A. B. and the above named C. D. concerning (here particularly mention what the difference is about) AND WHEREAS for the final end and determination of the said differences, and disputes so depending between them, the above named C. D. and the above bounden A. B. have agreed to submit themselves to the award, order, arbitrament, final end and determination of E. F. of &c. and G. H. of &c. arbitrators indifferently elected and chosen between them, to arbitrate, award and determine of and concerning the said differences and disputes, and if they do not make their award within the time herein after limited, then to the umpirage (if the umpire be named) of I. K. of &c. (if not named) of such person as the said arbitrators shall indifferently choose for umpire in and concerning the premises. NOW THE CONDITION of this obligation is such, THAT if the above bounden A. B. his heirs, executors and administrators, for and on his and their parts and behalves, shall &c. do in and by all things well and truly stand to, obey, abide, observe, perform, fulfil and keep the award, order, arbitrament, final end and determination of the said E. F. and G. H. arbitrators indifferently elected and chosen as aforesaid, as well on the part and behalf of the above bounden A. B. as on the part and behalf of the above named C. D. to arbitrate, award, order, judge, determine and agree, touching and concerning the said matters in difference, and all and any actions, cause and causes of actions, suits, bills, bonds, specialties, covenants, contracts, dues, damages, claims and demands whatsoever both in law and equity, at any time heretofore had, made, brought, commenced, and prosecuted, done, suffered, committed or depending by or between the said parties, so that the award of the said arbitrators be made in writing indented under their hands

and seals ready to be delivered to the said parties in difference, on or before the

day of

now next en

suing. AND if the said arbitrators shall not, &c. (as before) THEN, &c. OTHERWISE, &c.

From part owners, and one on the behalf of the master of a ship respecting damage demanded for breach of char fer party.

WHEREAS differences and disputes have arisen and are depending between the above named D. of the one part, and E. master of the ship called the United States, of the burthen of tons or thereabouts of the other part, concerning a charter party, dated the &c. and made between the said E. master of the said ship, of the one part, and the said D. of the other part, and concerning damages demanded by the said D. for a breach thereof by the said master, which differences and likewise all or any other differences and disputes so depending between them the said D. and E. and all actions, suits and causes thereof, covenants, contracts, agreements, sums of money, payments, damages, claims and demands concerning the same, the above bounden a part owner of the said ship, and B. for and on the behalf of the said E. and the said D. have agreed to refer the same to the award, order, arbitrament, final end and determination of &c. arbitrators indifferently "&c. NOW THEREFORE, &c. that if the said E. and part owners of the said ship, his and their executors and administrators, for and their parts and behalves, shall and DO in and by all things well and truly stand to, obey, abide observe, perform, fulfil and keep the award, order, arbitrament, final end, and determination of the said &c. (as the above to the end.)

Another between the masters of two ships, for themselves and the rest of the part owners, respecting a prize. WHEREAS differences, &c. between the above bounden A. B. and the rest of the part owners of the ship or vessel called the whereof the said A. B, is commander, of the one part, and the above named C. D. and the rest of the part owners, of the ship or vessel called the whereof the said C. D. is commander, of the other part, concerning the parts and proportions claimed by and belonging to the owners of the said several ships in respect thereof, of and in a Spanish ship or vessel called the —, whereof. —was master, and her loading which was lately taken as a prize by the said A. B. and and all C. D. in and with the said ships

and

monies arising thereby. NOW THE CONDITION, and the rest of the part owntheir executors, adminis

&c. That if the said A. B. ers of the said ship the trators and assigns, do and shall in and by all things well and truly stand to, perform and keep the award, &c. of &c. arbitrators indifferently named by and on the behalf of the said parties in difference, to arbitrate, judge and determine the said matters in difference between them and all or any actions, &c. concerning the same, so as their award shall be made, &c.

Another between part owners, and one on the behalf of sailors for wages.

WHEREAS differences, &c. between the above bounden A. B. and the above named C. D. touching the claims of E. F. and G. H, for whom the said C. D. acts as attorney, concerning wages due to them from the said A. B. and the rest of the part owners of the said ship called the whereof I. M. was master, which differences the said parties have agreed to refer to the award, order. and determination of, NOW THE CONDITION, &c. That if the said part owners, &c. as above.

The difference in the other part.

That if the said E. F. and G. H. for whom he acts as attorney, (as in the other, &c.) shall, &c.

Another, between the assignees of an insolvent and the master of a ship that belonged to the insolvent.

WHEREAS differences &c. between the above bounden A. B. and the above named C. D. and E. F. assignees and trustees of I. W. late of &c. an insolvent, concerning an account depending between the said A. B. and I. W. respecting the ship called the whereof the said A. B. was master, which differences concerning the said ship and all or any other accounts matters and things depending between the said A. B. and I. W. they the said parties have agreed to refer to the award, judgment and determination of I. M. of &c. and N. O. of &c. arbitrators indifferently named and chosen by and between the said parties in difference in and concerning the premises. NOW THE CONDITIONS, &c. That if the said A, B. do and shall, &c.

The difference in the other part is,

That if the said C. D. and E. F. assignees and trustées as aforesaid, do and shall according to the estate of the said I. W. makes out, and in proportion as his other creditors do receive, well and truly stand to, &c.

send greeting: -, by obliga

tion, bearing date, &c. have bound themselves reciprocally, to stand to the award, of us the said

and

to be given up in writing, of all differences depending between them, on or before the day of the date hereof; and in case no award should be made by us, the said arbitrators, on or before the said day, in conclusion of the said premises, then to stand to the final end and determination of such person as should be chosen umpire by us, the said arbitrators, for the final end and conclusion of the premises to be given up by the said umpire, on or before, &c. NOW KNOW YE, that we the said and arbitrators aforesaid, having not concluded and agreed upon the premises to us referred as aforesaid, and also desiring that a full end and final conclusion may at length be made between the said parties, concerning the premises, do hereby, according to the power to us granted by the said obligation nominate, determine and appoint of- -, to be the sole and only umpire in the premises, to conclude, end, determine, and finally to finish all the matters, demands and differences, in controversy between the said parties, which umpirage and final conclusion of the premises shall be given up by the said in writing, indented under his hand and seal, and be ready to be delivered unto the said parties in controversy, on or before the

now next ensuing. IN WITNESS, &c.

The difference in the other part is,

day of

That if the said C. D. and E. F. assignees and trustees as aforesaid, do and shall according as the estate of the said I. W. makes out, and in proportion as his other creditors do receive, well and truly stand to, &c.

Award by two arbitrators.

TO ALL to whom these presents shall come, We A. B. of &c. and C. D. of &c. send greeting. WHEREAS differences and disputes have been and yet are depending

and unsettled between E. F. of &c. and G. H of &c. for
the appeasing, pacifying, ordering and determining whereof
the said E. F. and G. H. have submitted themselves and
are become bound, each to the other, by their several ob-
ligations, dated the
day of now last past, in
the sum of, with conditions thereunder written to
stand to, obey, abide, observe, perform, fulfil and keep the
award, final end, arbitrament, determination and judg-
ment of us the said A. B. and C. D. arbitrators indiffer-
ently elected and chosen, as well on the part and behalf of
the said E. F. as on the part and behalf of the said G.
H. to award, order, arbitrate, determine, agree and judge
touching the said matters in difference, and all and any
action and actions, cause and causes of actions, suits,
judgments, executions, accounts, reekonings, trespasses,
controversies, bills, bonds, specialities, covenants, -con-
tracts, dues, damages, claims and demands whatsoever,
both in law and equity at any time heretofore had, mov-
ed, brought, commenced, prosecuted, done, suffered,
committed or depending by and between the said E. F.
and G. H. so always as the said award, arbitrament,
determination and judgment of us the said A. B. and C.
D. for and concerning the premises, be made and put in
writing indented under our hands and seals on or before
the of-instant, as by the said obligations and condi-
tions thereunder written, reference being thereunto had,
may more fully and at large appear. NOW KNOW
YE, That we the said A. B. and C. D. arbitrators as
aforesaid, taking upon us the charge of the said award and
arbitrament, and having deliberately and at large heard
and considered the allegations of both the said parties
concerning the premises, and examined their witnesses
upon oath, do thereupon make this our award, arbitration
and judgment in writing between the said parties of and
concerning the premises in manner and form following,
that is to say. First, We do award, arbitrate and deter-
mine by these presents, That, &c. (as the case may be.)
And we the said arbitrators do also award that he the said
E. F. shall also on the day of
sign and seal,
and as his act and deed deliver unto the said G. H. or to
his use, a general release in writing of all manner of ac-
tions, suits, causes of actions, bonds, bills, covenants,
controversies, damages, claims and demands whatsoever,
from the beginning of the world to the day of the date of
the obligation aforesaid. And further we do award,
That he the said G. H. shall also on the said

day

of sign and seal, and as his act and deed deliver unto the said E. F. or to his use, a general release, &c. AND WE the said arbitrators do also further award, that all expenses, which either of the said parties have