” To all to whom these presents shall come, &c. Whereas
[here recite the bond, or instrument ofarbitration, ] and we,
the said A. B. and C. D. , having taken the matters so referred to us into our consideration, but not being able to agree in opinion concerning the same, have chosen E. F. , of,
&c., to be an umpire touching the premises. Now know ye,
that, in pursuance of the power and authority so vested in
us by the said hereinbefore in part recited agreement, we,
the said arbitrators, do hereby elect, nominate, and appoint
the said E. F. to be umpire between them, the said parties in dispute, in relation to the matters so in difference between
them, and so referred to us as aforesaid. In witness, ” &c.
bond. )
said C. D., his heirs, executors, or administrators, do ( Conditions of
and shall, upon his or their part and behalf, in all an arbitration
things well and truly stand to, obey, abide, observe,
perform, fulfil, and keep the award, order, arbitrament, umpirage, final end and determination of such
person as the said arbitrators shall elect, choose, and
name as umpire, as aforesaid, (which umpire is to be
elected and chosen by the said arbitrators previously
to their proceeding upon the said reference, ) so as
the said umpire do make his award and umpirage in
writing on or before, &c. ; then this obligation to be
void, otherwise to remain in full force and virtue.
now next ensuing.
In witness, ” &c.
day of
If the nomination of an umpire be by a separate instrument, it may be thus
It was provided by the provincial act of 5 Geo. 1, cap.
87, (Prov. Laws, 136,) “that the bounds of all townships within this province shall be perambulated betwixt town and town, and marks renewed once in three
years, by two of the selectmen of each town, or any
other two men whom the selectmen shall appoint.”
” To all to whom these presents shall come, &c. Whereas
[here recite the bond, or instrument ofarbitration,] and we,
the said A. B. and C. D. , having taken the matters so referred to us into our consideration, but not being able to agree in opinion concerning the same, have chosen E. F. , of,
&c., to be an umpire touching the premises. Now know ye,
that, in pursuance of the power and authority so vested in
us by the said hereinbefore in part recited agreement, we,
the said arbitrators, do hereby elect, nominate, and appoint
the said E. F. to be umpire between them, the said parties in dispute, in relation to the matters so in difference between
them, and so referred to us as aforesaid. In witness, ” &c.
