1

Vol. III. Ch. XV. Copartnership between the Plaintiff and Defendant, and indemnify Plaintiff against all such Claims; that De

fendant may re

tain all the Stock in hand and joint Effects of the said Copartnership to

his own use, and may recover all

the Debts due to

the said Copart nership, and re

shall and may use the name of the said A. B. in any action or actions to be brought for recovering any such debts or demands, he the said C. D. having first, before the commencement of any such action, sealed and delivered to the said A. B. the bond of indemnity hereinafter mentioned. Fifthly, I do award, order, and direct that the said C. D. shall and do pay to the said A. B. the further sum of £100, together with the costs of the said suit in chancery, to be in the mean time taxed by the proper officer of that court, at &c. on &c. And lastly, I do award, order, and direct that the said A. B., party to this reference, shall and do, on or before, &c. caused to be prepared at his own expence, and to be left (at &c.) a bond whereby the said C. D. shall bind himself, his heirs and executors, to the said A. B., in the penal sum of £ 1500, with a condition in the form hereafter set forth, and that the said C. D. shall and do (on &c. at &c.) seal and deliver the same bond to the said A. B., the condition of which shall be as follows: viz.-The condition of this obligation is such, that if the above-bounden C. D., his heirs, executors, or administrators, shall and do at all times hereafter pay and discharge all bills of exchange, promissory notes, or other securities for money made or issued in the copartnership name or firm of him the said C. D. and the above-named A. B., or in the name or firm of them and any other persons, wherewith the said A. B. may be charged in respect of the said partnership with the said C. D., and all debts or demands due and owing for or on account or respect of the said Defen fant pay a further Sum to partnership, and shall and do at all times hereafter well and truly keep Plaintiff,together harmless and indemnify the said A. B., his heirs, executors, or adminiwith the Costs of strators, as well from and against all such bills, notes and securities, debts the Suit in Chan and demands, as also from and against all damages, costs, and charges cery,to be taxed, whatsoever, which the said A. B., his heirs, executors, or administrators, &c. &c. (1) shall be put unto, bear, or sustain by reason of any action or suit at law or in equity, now commenced or hereafter to be commenced in the joint names of them the said A. B. and C. D., or in the names of them the said A. B. and C. D. and any other person or persons, against any person or persons whatsoever, then the above-written obligation to be void, otherwise to be and remain in full force and virtue. In witness whereof, &c.

ceive them to his exclusive use,and may sue in the joint Names of the Plaintiff and himself for that Purpose; that

Award that a

certain Sum is due to Plaintiff, and that the Verdict be reduced

to that Sum; an Adjudication in favour of Plain tiff as to a Sum

of Money (on another Matter in

Difference)

which could not have been reco

vered at the Trial. (2)

Award that an

That there was and is justly due from the said defendant to the said plaintiff, for and upon the several matters of complaint contained in the declaration of the said plaintiff in the said cause, and which the said plaintiff was entitled to recover therein, the sum of £360, and I do order and direct the damages given by the said verdict to be altered and reduced to the said sum of £360: And I do further award and direct that the said defendant shall and do pay to the said plaintiff the further sum of £200, which last-mentioned sum I award and adjudge to be paid to the said plaintiff, for and upon another matter in difference between the said parties, and which has been by them submitted to my consideration, under the said order of reference, but which the said plaintiff could not in my judgment have recovered at the trial of the said cause, under his aforesaid declaration. (Then defendant pay, &c. on &c.)

I do order and direct that the said action at law shall cease, and be no Action be nofur farther prosecuted, and that the said A. B., his executors or administrators, ther prosecuted; shall and do pay to the said C. D., his executors or administrators, or such that Plaintiff pay other person as he or they shall or may lawfully authorize to receive the

at a particular Place, a Sum of Money by Instalments at particular Times, together with Costs of Suit to

same, at the office of Messrs. E. and F., attornies at law, in Lincoln's Inn, Vol.III. Ch.XV. the sum of £103, together with the costs of the said action, to be taxed by the proper officer of the said 'court, and the further sum of £6, as and for one moiety of the expences of this my award, at the times and in manner following; (that is to say,) the sum of £43, parcel of the said sum of £103, together with the costs of the said action, and the said sum of £6, on the first day of February now next ensuing, between the hours of twelve and two in the afternoon; and the further sum of £60, on the first day of April now next ensuing, between the same hours; And I do further award, order, and direct, that the said C. D., his executors and adminitrators, shall and do, within the days after payment of the said last-mentioned sum, scal and deliver to the said A. B., his executors and administrators, a general release of all actions, claims, and demands, up to the day of the date hereof, if such release, prepared at the costs of the said A .B., his executors or administrators, shall be tendered or left for him at the said office, on the said first day of May, at the time of the payment of the said last-mentioned sum of £60: And lastly, I do order, award, and direct, that if default shall be made in payment of all, either, or any part of the sums of money herein by me directed to be paid, at the place and times in that behalf appointed, that then and from thenceforth all the monies directed herein to be paid, or so much thereof as shall have then remained unpaid, shall become instantly due and payable; and that the said C. D. may immediately use such lawful means for obtaining payment thereof, as he might have done if the whole of the said sum of £103, together with the several costs aforesaid, or such part thereof as shall then remain unpaid, had been herein directed to be paid, on the day at which such default shall happen to be made, and such direction had not been complied with.

be taxed by the proper Officer, and also one Moiety of the Expences of the Award; that a general Release be given by Detendant to Plaintiff, if such Release, prepared of the Plaintiff, at the Expence be tendered at the Place where the Money is to be paid, at the ment of the last Instalment, &c.

Time of Pay

&c. (1)

Award as to

personal Property of an Intestate; that the pay, &c. and

Administrators

I do award, adjudge, and declare, that the said A. B. deceased, who was the father of the said C. D., E. F., and G. H.. was at the time of his death justly indebted to the said C. D., in the sum of £139. 6s.; and I further award, adjudge, and declare, that the said C. D., as one of the three children of the said A. B. deceased, was and is jointly entitled to have and receive the sum of £1400, as his distributive share of the clear that the Payee residue of the personal estate and effects of the said A. B. deceased, left release all Claims after full payment of all the debts of the said A. B. deceased, except the upon the Estate. said sum of £139. 6s., and after payment of two-thirds of the said last(2). mentioned sum; and I do further award, order, and direct, that the said suit shall be stayed and no further prosecuted, and that the said E. F. and G. H., parties to this reference, and who are the administrators of the said A. B. deceased, and who have received and possessed themselves of his personal estate and effects, shall and do on or before the twenty-first day of February, which will be in the year of our Lord one thousand eight hundred and twelve, pay to the said C. D. the sum of £1400, together with interest for the same at the rate of £5 per centum per annum, from the twenty-first day of December which was in the year of our Lord one thousand eight hundred and ten; and I further award, -order, and direct that upon payment of the said sum of £1400, with such interest as aforesaid, the said C. D. shall and do, if thereto required, execute unto the said E. F. and G. H., at their costs and charges, a general release of all claims and demands at law and in equity, upon or in respect of the present estate of his father.

Vol.III. Ch.XV.

Award that
Plaintiff is en-

titled to a Ver-
dict and an Award
of Damages. (1)

Award as to
Alteration of
Buildings. (2)

Award that De

ing in their Names in the

That the said plaintiff had good cause of action against the said defendant in the said cause, and was and is entitled to a verdict therein; and I assess and award the damages, to be paid by the said defendant to the said plaintiff in the said action, at the sum of five shillings. [Applicable to all cases of trespass, &c., where the submission is by order of Nisi Prius.]

That the said A. B. be at liberty, without the let or disturbance of the said C D., on the first day of July now next ensuing, or at any time within three calendar months after that day, to divide the roof and gutters of the back-shop of the said C. D. at the north and south ends, in the middle, or more eastward than the middle thereof, with lead, iron, or other materials, forming a partition not more than one foot high from the surface of the said gutters, and to maintain and preserve such partition when made, in order that such water only as shall from time to time fall on the eastern side of the said roof of the said back-shop may be conveyed to the leaden flat of the said A. B.; and that the said C. D. do not at any time after such partition made, by any pipe or other device, convey to the said leaden flat any other water than such rain water as shall naturally fall on the eastern side of the said roof: And I do further award and direct, that the said A. B. be at liberty, without the let or disturbance of the said C. D., at any time within twelve months now next ensuing, to put up and continually thereafter maintain a leaden or other sink or trunk, under the window on the first floor of his said dwelling-house, and over the said roof of the said back-shop of the said C. D., for the conveyance of water to the east side of the roof, and so on in any other manner to the said leaden flat, and away therefrom by the drain or gutter by which the water now flows away from the said leaden flat: And I do further award and order, that the said C. D. shall and do, on or before the first day of June now next ensuing, take down and wholly remove the large beam or scales in his shop, and which is suspended from or near to a certain beam under the said dwelling-house of the said A. B., at the north side of the same house, and shall not nor do at any time after the first day of June now next ensuing fix or suspend the said beam or scales, or any other beam or scales, (except such as shall be used for the weighing of small parcels not exceeding twenty pounds weight in the course of their retail trade,) to, upon, or from the said beam, under the said dwelling-house of the said A. B., or any other beam or rafter, or in any other way or manner under the said dwelling-house of the said A. B., or in any part of the shop of him the said C. D., within ten feet of the aforesaid beam under the house of the said A. B.

That the said defendants shall and do, on or before the tenth day of May fendants transfer now next ensuing, transfer or cause to be transferred in the books of the Wine, then stand- London Dock company, into the names of the said plaintiffs, or such her person or persons as shall be in that behalf appointed by or on the part of the said plaintiffs, the wine in question in the said cause, viz., seventysix butts of wine heretofore imported in the ship Gratitude, and consigned to the house of Messrs. A. B. and C., they, the said plaintiffs, paying to the London Dock company such money as shall then be due to the said

Books of a certain Company, into the Names of the Plain.

tiffs. (3)

company

for the warehouse rent of the said wine.

That at the date of the said agreement (2) there was and now is due Vol.III.Ch.XV. and owing to the said A. B. by the said C. D., for and upon the several matters referred to me as aforesaid, the sum of £330 and no more: And Award of Money I do further award that the said A. B. has a lien upon all deeds, papers, &c., as a Solicidue for Work, and writings in the custody and possession of him the said A. B., belong- tor, and that such ing or relating to the affairs of the said C. D., for the payment of the said Solicitor has a sum herein-before mentioned, (then that C. D.) pay on, &c., at, &c., the Lien on all said sum of £330, &c.): And I do further award and order that the said Papers, &c., of the Party in his A. B. shall accept of and receive from the said C. D. the said sum of Possession. (1) £330, in full satisfaction of all demands for such business done and money due, paid, laid out, and expended, as is herein-before mentioned.

That A. B. pay to C. D., &c., and that C. D. receive the said sum of money, in full satisfaction and discharge of all demands upon the said A. B., as well for business done and money lent and paid, as for and in respect of notes and bills made, accepted, or indorsed by the said A. B., and all other demands whatsoever up to the day of the date of the said order of reference.

Award that

Money be accepted in Satis

faction of Business done, &c. &c. (3)

Award that Defendant give Plaintiff a Bond

That the said defendant seal and deliver to the said plaintiff a bond or obligation in the penal sum of £500, with a condition thereunder written, for indemnifying the said plaintiff against a certain bill of exchange, bearing date on or about the first of January last past, drawn by the said defendant upon and accepted by the said plaintiff for the payment of the sum of £100, two months after the date thereof, such bond and the draft outstanding. (4) thereof to be prepared by and at the expence of the said plaintiff.

of Indemnity against a certain

Bill of Exchange

to have been de

I do award, adjudge, and declare that the said plaintiffs had good cause Award that cerof action against the said defendant, and may, if they see fit, sign judg- tain Goods ought ment in the said action against the said defendant for the said damages livered to the upon the said verdict, with costs of suit; but, nevertheless, such judgment Plaintiffs, that shall stand and be a security only for the performance of this my award. such Goods being And I do further find and declare, that a certain part of the sugars in in the Hands of a question in the said cause came to the hands of Mr. F. G., of the city of Broker,and afterLondon, broker, and that the said defendant ought to have given directions wards sold by him, who purto the said F. G. to deliver the same to the said plaintiffs, and that such chased with the directions would have been obeyed by the said F. G.; but that the defen- Money certain dant improperly refused to give such directions, and that the same sugars Exchequer Bills, were afterwards sold by the said F. G., and produced the clear sum of all of which, ex£4,439 19s., exclusive of all charges and payments for warehouse rent cept one, have and otherwise, which sum was received by the said F. G., and the greatest to the Plaintiffs, part thereof afterwards laid out by him in the purchase of exchequer bills the Plaintiffs are for the benefit of such persons as might ultimately be found entitled entitled to all thereto, and the money not so laid out hath been paid, and the several exchequer bills so purchased, except one exchequer bill for £500, have

been delivered

such Exchequer Bills, and that

this remaining one be delivered up to them, &c. (5)

Vol.III. Ch.XV. been delivered by the said F. G., to or for the use of the said plaintiffs, with the consent of the said defendant, at my recommendation, since the date of the said order of nisi prius. And I do further award and declare, that the said plaintiffs were and are justly entitled to the said sum of £4,439 19s., and all interest and benefit that may have been made thereby. And I do further award and direct, that the said plaintiffs shall and may demand and receive from the said F. G., by the hands of Messrs. P.L, & Son, their attorneys in the said cause, and that the said F. G. shall and may deliver to the said Messrs. P. L. & Son, for the use of the said plaintiffs, the said exchequer bills not already delivered over to them, and all other money, securities, or bills derived from the said sum of £4,439 19s., which shall or may be now remaining in the hands of the said F. G., and not by him already paid or delivered over to or for the use of the said plaintiffs. And I do further award, order, and direct, that the said defendant shall not in any mnnner sue, trouble, or impeach the said F. G., for or by reason of his having already paid or delivered over to or for the use of the said plaintiffs, any such sum or sums of money, or exchequer bills, or for or by reason of his paying or delivering hereafter to the said Messrs. P. L. & Son, as such attorneys as aforesaid, for the use of the said plaintiffs, any such sum or sums of money, exchequer bills, securities, or other bills as aforesaid, but that all and every such payment and delivery, heretofore made and hereafter to be made, shall be a good sufficient discharge of the said F. G. against any claim or demand by or on the part of the said defendant. And I do further award, order, and direct, that the said defendant shall and do, at the request of the said Messrs. P. L. & Son, sign and deliver to the said F. G. (in case he shall require the same for his satisfaction) an order to pay and deliver to the said Messrs. P. L. & Son, for the use of the said plaintiffs, all such sums of money, exchequer bills, securities, or other bills as may be now remaining in the hands of the said F. G., and not by him already paid or delivered over to or for the use of the said plaintiffs, being part of or derived from the said sum of £4,439 19s. Od.; and that the said defendant is and shall be and remain responsible to the said plaintiffs for the due payment and delivery thereof by the said F.G. And I do further award, order, and direct, that the said defendant shall and do pay to the said plaintiffs, at the office of the said Messrs. P. L. & Son, their said attorneys, situate in Swithin's Lane, in the said city of London, on the thirtieth day of this present month of April, between the hours of twelve o'clock at noon and two o'clock in the afternoon, the further sum of £3,535, together with the costs of the said action, and also the costs of this reference, and of this my award; such costs to be in the meantime taxed by the proper officer of the said court of king's bench, and the receipt of the said Messrs. P. L. & Son for the same shall be a sufficient discharge to the said defendant.

In witness whereof I, the said J. S., have hereunto set my hand, this fifteenth day of April in the year of our Lord one thousand eight hundred and twelve.

Signed and published, by the above named J. S., being first duly stamped, in the presence of

Award adjusting I do award and adjudge, that there was justly due and owing from the Accounts, direct said defendant to the said plaintiff at the commencement of the said suit, ing Delivery, by the sum of £162 0s. 9d.; but as it has appeared before me, that the said plaintiff hath since received the sum of £39 6s. from the charterers of Papers, and that the ship Economy, on her voyage from Quebec, under the command of

one Party to the other, of certain