security by Master. (102.) And whereas the said Master hath Approval of approved of these presents, as a proper security to be given by the said A. B. to the said C. D., pursuant to the said order, as by the certificate of the said Master in the margin hereof will appear. copy of con Master. (103.) And whereas in pursuance of the Approval of said order, Master A. B., to whom the said veyance by cause was referred, hath perused and approved of a copy of these presents, testified by his signing such copy, on the margin thereof. ARBITRATION. See Award. (104.) And whereas the said A. B. and Agreement between copartners to in dispute to C. D. have agreed that all controversies, refer matters claims, and demands in respect of, or in re- arbitration. lation to, or touching the said copartnership property, and the mode of distribution thereof, and the manner in which the same hath, since the commencement thereof, been managed and conducted; and all and every the rights and claims of the said parties hereto, to the said copartnership estate and effects, or to any sum or sums of money in - breach of the other covenants, conditions, and agreements, contained in the said indenture of lease; whereby as the said A. B. alleges, the premises so demised to the said C. D. as aforesaid, have sustained great damage and injury. And whereas in consequence of such breaches, or alleged breaches of covenant, by the said C. D., as aforesaid, the said A. B. lately threatened to commence certain actions at law, for the recovery of damages for the same, or for the recovery of the said premises. And whereas in order to prevent such action or actions, the said C. D. hath proposed to the said A. B., and the said A. B. hath consented and agreed, that it shall be referred to B. B. of &c. farmer, (an arbitrator chosen on behalf of the said A. B.), and to A. A. of N., farmer, (an arbitrator chosen by, and on behalf of the said C. D.), and to such other fit and proper person, as the said A. A. and B. B. shall, by a memorandum in writing, under their hands, to be indorsed thereon, nominate and appoint, or to any two of them, to settle and determine by their award, to be made as hereinafter mentioned, whether any, or what damage, has been occasioned to the said farm and hereditaments, comprised in the said indenture of lease, in consequence, or by reason of the said C. D. having at any time or times, since the day of -, farmed or otherwise managed the same contrary to the course of good busbandry; or by reason, or in consequence of the said C. D. having, since the time aforesaid, committed any breach or breaches in otherwise acting contrary to any of the covenants, clauses, conditions, and agreements, in the said indenture of lease contained; and also to settle and determine by the said award, what sum or sums of money (if any) shall be paid by the said C. D. to the said A. B., as a compensation for such damages; and in what manner, and at what time and place the same shall be paid; and also to direct, by the said award, in what order, course, and manner the said premises shall be farmed, managed, and carried on, during the remainder of the said term of years; and whether any, and what agreements or assurances shall be made or executed by the said C. D. and A. B., or either of them. Disputes touching ti tles submit tration by agreement. (108.) And whereas divers questions, dis ted to arbi- putes, controversies, and differences, had at various times heretofore arisen between the said A. B., C. D., and E. F., touching their several rights, titles, interests, claims, and demands in and to the said several hereditaments and premises sought to be recovered by the said A. B. in the said action of ejectment (d) And whereas for the finally ending and settling all such questions, disputes, controversies, and differences between the said parties, and for preventing any further litigation between them, touching or concerning the rights, titles, interests, claims, and demands of the said A. B., C. D., and E. F., and every of them, of, in, or to the same several hereditaments and premises, they the said A. B., C. D., and E. F., by a certain agreement made and entered into, on the &c., between the said A. B., of the one part, and the said C. D., and E. F. of the other part, amongst other things, mutually agree to submit and refer their several rights, titles, interests, claims, and demands, (d) For recital of action in ejectment, see ante, (24.) any, or what damage, has been occasioned to the said farm and hereditaments, comprised in the said indenture of lease, in consequence, or by reason of the said C. D. having at any time or times, since the day of -, farmed or otherwise managed the same contrary to the course of good busbandry; or by reason, or in consequence of the said C. D. having, since the time aforesaid, committed any breach or breaches in otherwise acting contrary to any of the covenants, clauses, conditions, and agreements, in the said indenture of lease contained; and also to settle and determine by the said award, what sum or sums of money (if any) shall be paid by the said C. D. to the said A. B., as a compensation for such damages; and in what manner, and at what time and place the same shall be paid; and also to direct, by the said award, in what order, course, and manner the said premises shall be farmed, managed, and carried on, during the remainder of the said term of - years; and whether any, and what agreements or assurances shall be made or executed by the said C. D. and A. B., or either of them. |