tinguishing between the costs of the cause and the costs of the reference, the latter were necessarily included as well as the former; and it might have been decided that they were not, without prejudice to the power of the arbitrator over them, if he chose to exercise it: but, if what the prothonotary reported from the Master of the King's Bench be correctly stated, he went beyond the question submitted to him: and if he be right, the necessary conclusion is, that the arbitrator cannot give the costs to either party unless a power be expressly given him for that purpose in the rule.

PRECEDENTS.

COMMON BOND of ARBITRATION.

KNOW all men by these presents that I A. B. of C. in the parish of, &c. in the county of, &c. gentleman, am held and firmly bound to E. F. of G. in the city of London, merchant, in the sum of 500l. of good and lawful money of Great Britain, to be paid to the said E. F. or to his certain attorney, executors, administrators, or assigns, for which payment, to be well and faithfully made, I bind myself, my heirs, executors, and administrators firmly by these presents, sealed with my seal, dated the

in the

day of year of the

reign of our Sovereign Lord George the Third, by the grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith; and in the year of our Lord one thousand seven hundred and ninetynine.

The condition of this obligation is such, that if
the above bounden A. B. his heirs, executors, and
administrators, on his or their parts and behalfs,
shall and do in all things well and truly stand to,
obey, abide by, perform, fulfil, and keep the award,
order, arbitrament, and final determination of M.
N. of, &c. and P. Q. of, &c. arbitrators, indiffer-
ently elected and named, as well on the part and
behalf of the above bounden A. B. as of the above
named E. F. to arbitrate, award, order, judge, and
determine of and concerning all and all manner of
action and actions, cause and causes of action,
suits, bills, bonds, specialties, judgments, execu-
tions, extents, quarrels, controversies, trespasses,
damages, and demands whatsoever, at any time
heretofore had, made, moved, brought, commen-
ced, sued, prosecuted, done, suffered, committed,
or depending by and between the said parties, so
as the said award be made in writing, under the
hands of the said M. N. and P. Q. and ready to be
delivered to the said parties in difference, or such
of them as shall desire the same, on or before the
day of
then this obligation to be void, or

else to remain in full force.

Sealed and delivered, being first duly

stamped, in the presence of

CONDITION of an ARBITRATION BOND for settling the accounts of executors; obligation to be from E.

the executor of B. to D. widow of A. and to A. the son of A. and D. in 2000l.

WHEREAS the above named A. the father, deceased, by his last will and testament in writing duly executed, bearing date on or about did, among other things, named B. together with

make and appoint the above C. Esquire, executors and trustees of his said will, during the minority of the above named A. his son, for the intent, and purposes therein mentioned and expressed, as by the said will by them the said executors may appear; by virtue of which will and executorship they the said B. and C. severally possessed themselves of great part of the personal estate late of the said A. the father, and also received great part of the rents of his real estates, and have since respectively paid, applied, and disposed of great part of the said estate so by them received, upon the trusts of and according to his said will. AND WHEREAS the said A. the son, having attained his age of 21 years, an account of what was by him the said C. received, and which remained in his hands of the real and personal estates late of the said A. the testator, having been then stated, settled, and allowed by and between them the above named D. A. her son, and the said C. and he the said C. having accounted for and paid what was by him so received and remaining in his hands to them the said D. and A. according to the true intent of the said will, they the said D. and A. her son, have given a full release and discharge to the said C. of all their demands, relating to his acting in the said executorship and trusts, by the

said will in him reposed: AND WHEREAS the said B. sometime since departed this life, having first made and duly executed his last will and testament in writing, and thereof appointed the above bound E.. executor, as by the same will by him duly proved may appear: AND WHEREAS the said B. in his life time, as being the other executor of the said A. the father, did receive, pay, and apply some part of the real and personal estate of the said A. the father, pursuant to the trusts in the said will contained; but he the said B. dying in the minority of the said A. the son, and no account 'having been made and settled as to what was by him the said B. so received and paid out of the said estates; and he the said E. as executor and representative of the said B. being now liable to make up such account, and to answer and pay the balance thereof, unto them the said D. and A. her son (if any such shall appear due), and such account having been by him the said E. delivered to them the said D. and A. her son, and some disputes and differences having arisen between them, touching some articles and vouchers in the said account mentioned and contained: they the said E. and the said D. and A. her son, for the ending and preventing of all further and future disputes, controversies, actions, and suits, touching the same account; have mutually agreed to refer the same to the arbitrament and determination of F. of, &c. (a person chosen by, for, and on the behalf of the said E.) and to G. of, &c. (a person chosen by, for, and on the behalf of them the said D. and A. her son); and in case the said arbitrators cannot determine the same, that then the same shall be fully ended and determined by a third person, to be by them chosen as an umpire, in such manner as hereinafter is

in that behalf mentioned and expressed: NOW THE CONDITION, &c. that if the said E. his heirs, exe. cutors, and administrators, and every of them, shall and do, for and on his and their parts, in all things stand to, obey, abide by, perform, fulfil, and keep the award, arbitrament, order, determination, and judgment, which shall by them the said F. and G. be made of and concerning the said account of him the said E. so delivered as aforesaid, and of and for all and every the articles, vouchers, and things therein contained, and of all disputes, differences, actions, suits, claims, and demands whatsoever, touching or concerning the same, so as such award, arbitrament, determination, and judgment of the said arbitrators, of and in the same premises, be by them made in writing under their hands and seals, ready to be delivered to all the parties in controversy within one month next ensuing the date hereof: AND if they the said arbitrators cannot agree, and determine the same premises within the said one month, that then if the said E. his heirs, executors, and administrators, and every of them, shall and do, for and on his and their parts, in and by all things, stand to, obey, abide by, perform, fulfil, and keep the award, arbitrament, and umpirage of such third person and umpire, as they the said arbitrators shall indifferently name, elect, and choose for the ending and determining of the same premises, so as such award, umpirage, and judgment of the said umpire of and in the same be by him so made in writing under his hand and seal, ready to be delivered to each of the said parties in controversy within-days next after the end of the said one month, the said obligation shall be void and of no effect; otherwise the same shall remain in full force and virtue. WOOD.