Forms of Agreements of

Reference (continued).

15. Order of Reference

of an Indictment for

Nuisance

16. Stipulation against

Revocation by Death,

Marriage, Bankrupt-

cy, &c.

17. Stipulation that the

Death of the Arbi-

trator shall not re-

voke, &c. ....

Page

90

ib.

ib.

18. Power to examine

Parties and Witnes-

ses on Oath .. ...... ib.

19. Stipulation to state

a candid and explicit

account of Claims,

and produce Docu-

ib.

20. Stipulation that the

Arbitrator shall ex-

pressly upon the face

of his Award adjudi-

cate separately upon

each Claim

21. Stipulation that the

Arbitrator shall if re-

quired state the Evi-

dence and Points of

Law on the face of

his Award

... 90

22. Power to award

Costs of Delay ... .. 91

23. Power to proceed

ex parte in case of

absence, or not bring-

ing forward Evidence ib.

24. Power to proceed

ex parte in a fuller

form ...

25. Agreement to pre-

vent an Executor

from being liable

without Assets ...

26. Power to award

the Entry of a Judg-

ment to secure Pay-

ment......

27. Stipulated Damages

to be paid, in case of

ib.

ib.

ib.

XII

Page

Page

VI. The Practice and Law of Arbi-

tration (continued).

Forms of Agreements of Re-

ference (continued).

unreasonable Delay

by either Party...... 92

When no Amendment of

Terms allowed

Secondly, The Affidavit of Ex-

ecution of Agreement

Form thereof

VI. The Practice and Law of Arbi-

tration (continued).

Tenthly, Examination of Wit-

nesses, and Evidence of

the Parties

Eleventhly, Mode of taking the

Evidence

Twelfthly, Of Revocations of

Arbitrator's Power

.....89, 90

91

In general

92, note (q)

By Marriage..

By Death..

92

Thirdly, Making Submission

Rule of Court

Fourthly, Appointment of Um-

pire

93

Evidence

101

102

ib.

ib.

103

ib.

Bankruptcy, its effects...... 104

Thirteenthly, Of the Award or

Certificate

105

Must conform to Authority ib.

Must decide upon all sus-

tainable Claims referred. 106

To do an impossible or ille-

gal Act, when valid ...... 107

Must be final, and when

deemed so

When not certain, or final,

ib.

or defective, because it

does not order Payment. 108

A legal Arbitrator may de-

cide contrary to strict

rules of Evidence or Law ib.

As to awarding Costs

Forms of Awards

1. Common

...... 109

Form of

111

at the

first

effectual

95

Notices of the appointed

Award, upon a re-

Meetings

ib.

ference of a Cause

Form of same

97

and all Matters in

Difference

ib.

Seventhly, Proceedings before

Recital of Order of

Arbitrator

ib.

ib.

his Award

ance of Witnesses, and

nesses before Arbitrator

98

Order or Rule

99

ib.

thereon

Nisi Prius

Enlargement of Time. ib.

Hearing of Parties and

Evidence

...

ib.

114

Of mutual Releases

The Adjudication...... 111

2. Award, subject to Facts

for opinion of Court,

with Report of Deci-

sion of Court thereon 112

3. Award, finding Facts

and Adjudication for

opinion of Court,

resembling in form

113

a Special Verdict...

When Award may be good

in part, and void as to re-

sidue

114

127 to 251

......

Prescribed Form of

Conviction, on 9

G. 4. c. 91 .... 134

Secondly, Cases of stealing

of Personal or Real

Property of small value,

as Trees, Fences, &c.

not Felony nor Misde-

meanor, on 7 & 8 G.

4. c. 29

135

Prescribed Form of

Conviction, on 7

& 8 G. 4. c. 29. 138

Thirdly, Cases of small

wilful or malicious In-

juries to Personal or

Real Property, on 7 &

8 G. 4. c. 30, s. 24 ... 139

Prescribed Form of

Conviction, on 7

& 8 G. 4. c. 30. 142

XIV

Page

Page

I. THOSE OF A GENERAL NATURE

(continued).

Fourthly, Cases of Tres-

pass against the Game

Act, 1 & 2 W. 4. c. 32 142

Prescribed Form of

Conviction on same 143

Construction and Opera-

tion of these Acts

Construction of Com-

mon Assault and

Battery Act, 9 G.

4. c. 31

...

Construction of Petty

Stealing Act, 7 &

8 G. 4. c. 29

Construction of Ma-

licious Injury Act,

....

ib.

ib.

144

Statutes of this

nature

an Information.

1. Name and Description

of Complainant or In-

former

160

161

ib.

...

2. Time of exhibiting In-

formation ...

3. Place of exhibiting

4. Names of Magistrates,

and their Jurisdiction. ib.

5. Whether or not on Oath 159

6. Name and Description

of Offender

7. Time of committing

Offence.....

8. Place of committing

Offence......

162

ib.

...... 163

9. Description of Offence 164

Requisite particularity

in such Statement.. ib.

When merely in words

of Statute insufficient 165

Should be as extensive

as the facts will war-

rant

Must charge Offence

equal to that pro-

hibited

.......

rb.

166

Must be positive, &c. . ib.

Particular Words in the

Statute, descriptive

ib.

Fifthly, Of the Information or

Complaint

155

Form and Strictness re-

quired in general

of Offence, when es-

ib.

ib.

Statement of the usual Form

of Information

156

sential

Averments negativing

Exemptions or Qua-

lifications

10. Conclusion,

formam Statuti

ib.

Contra

168

11. Contra Pacem ..

Several Counts for different

169

1. Common Assault and

Battery, on 9 G. 4. c.

31. s. 27

2. On 7 & 8 G. 4. c. 29,

s. 40, for breaking a

Dead Fence, with intent

to steal the same

3. On 7 & 8 G. 4. c. 30,
s. 24, for a wilful or
malicious Injury

4. On Game Act, 1 & 2

W. 4. c. 32, s. 30, for

a Trespass, in pursuit

of Game

Birthly, Oath to obtain Summons

on recent Acts.....

......

171

ib.

ib.

172

171, 2, 3

Reading Information to De-

fendant, and his Objec-