Form of supervisor's report. Rev. L. 454.

Report of work performed, money collected, and money expended on the roads in

township,

county, during the year ending on the first Monday of May, 1832, under the direction of Alfred Brent, supervisor,

to wit.

Abner Young,
Charles Warner,

Francis Speed,

George Robinson,

Eleazer Patterson,

All which is respectfully reported to the clerk of said county, this 7th day of May, 1832, by me,

Supervisor's receipt to predecessor.

Received of Alfred Blent, supervisor of the roads for

district in

township,

county, for the year ending on the first Monday in April, 1832, I having been appointed his successor in that office, the sum of ninety-three cents; it being the balance on settlement, remaining in his hands at the close of his term of service. May 7, 1832, BENJAMIN CRISLER.

FENCE VIEWERS.

Two fence viewers in each township are elected by the qualified voters resident therein, at the same time, and in the same manner as overseers of the poor and su

pervisors of roads are elected; and in case of failure to elect, the board of county commissioners make the appointment. Rev. L. 133.

When any two neighbors improve lands adjacent to each other, or where one person shall inclose land adjoining to the land of another already fenced, so that any part of the fence of the first person becomes the partition fence between them, in both these cases the charge of such partition fence, so far as enclosed on both sides, is to be equally borne by both parties. And the fence viewers of the proper township are required, at the request of either party, to view all such fences, about which any difficulty may arise, and they are, in their respective townships, the sole judges of the charge to be borne by each party, and of the sufficiency of all fences, whether partition or otherwise; and when they shall adjudge any fence to be insufficient, they shall give notice thereof to the proprietors or occupiers of the same. Rev. L. 225.

Oath of a fence viewer.

You solemnly swear, that you will support the constitution of the United States, and the constitution of the state of Indiana, and that you will faithfully, honestly, and impartially discharge the duties of a fence viewer for township in the county of to the best of

your skill and understanding. So help you God.

Notice to the owner of an insufficient fence. Rev. L. 225.

Mr. A. F. of township in the county of please to take notice, that we the undersigned, fence viewers in and for said township, have this day viewed the fence enclosing the lands of which you are owner or occupier, and have adjudged that part of the said fence which lies adjoining to the lands of B. W. and which is a partition fence between you and the said B. W. to be defective and insufficient.

May 10, 1832.

B. D.

C. E.

ARBITRATORS.

All persons having any controversy, for which there is no other remedy but by a personal action, or by suit in equity, may submit the same to arbitrators mutually chosen by them for that purpose, and may agree that their submission shall be made a rule of any court of record within this state. When the parties have so agreed, they must enter into bonds for the faithful performance of the award or umpirage; and the condition of an arbitration bond must set forth the name or names of the umpire or arbitrators, and the matter or matters submitted; and must expressly state the agreement, that the submission may be made a rule of any court of record within the state, or that it may be made a rule of such particular court as the parties may name in their submission. The parties have the benefit of legal process to compel the attendance of witnesses; and the costs of the witnesses are to be taxed by the umpire or arbitrators, and made a part of the rule of court. Rev. L. 72, 3.

Rule of reference of a cause pending in court.

A. B. v. C. D. By consent of parties, it is ordered that all matters in difference in the cause [or, if all matters generally, say—all matters in difference between the parties] be referred to the award and determination of E. F., G. H., and-I. K., or of any two of them, so as they or any two of them shall make their award in writing, and return the same to this court on or before the day of the next term thereof.

Another form of such rule.

A. B. v. C. D.-Upon hearing Mr. P., of counsel for the plaintiff, and Mr. E., of counsel for the defendant, and by their consent it is ordered, that the plaintiff be at liberty forthwith to enter up judgment for the damages mentioned in the declaration in this cause, and costs of suit, such judgment to be subject to the award hereinafter mentioned, and that all matters in dispute between the plaintiff and defendant shall be referred to the final award of S. K. of &c. and I. E., of &c. attorneys at law,

so that their award be made in writing, and ready to be delivered to the party requiring the same, on or before the first day of next, and in case the said S. K. and I. E. shall not then be prepared to make and publish their said award, or cannot agree touching the matters hereby to them referred, then that the same shall be referred to such third person as the said S. K, and I. E. shall mutually agree upon and nominate, whose name shall be endorsed hereon, before the said arbitrators shall proceed on the same arbitration, so that the said last mentioned award or umpirage be made in writing, and ready to be delivered to such of the parties as require the same, on or before the first day of next: And in case the said arbitrators or umpire shall not be prepared to make and publish their award or umpirage at the respective times aforesaid, then the said parties shall from time to time consent to such enlargement of the time for the making and publishing the said award or umpirage as this court, or any of the judges thereof, shall deem reasonable; and that the costs of this action, and also the costs of a certain action brought by the defendant against the plaintiff in the circuit court, and also the costs of the reference and the award to be made in pursuance thereof, shall abide the event and determination of the said award: and that neither the plaintiff nor defendant shall be examined before the said arbitrators or umpire, but that they shall produce before the said arbitrators or umpire, all books, papers, and writings in their respective custody or power, relating to the said matters in difference, as the said arbitrators or umpire shall direct; and that the witnesses of the plaintiff and defendant respectively, shall be examined upon oath to be sworn in open court, or before some judge of this court, or justice of the peace; and that neither the plaintiff nor defendant shall bring or further prosecute any action or suit in any court of law or equity against the said arbitrators or umpire, or against each other, or bring or prefer any bill in equity against each other, of and concerning the premises in question so as aforesaid referred: And in case either party shall neglect or refuse to attend the said arbitrators or umpire, the said arbitrators or umpire shall be at liberty to proceed in the said arbitration, and make their or his award ex parte. Cald. on Arb. 473. Vide other forms.

Submission-bond-there being no cause pending.

Know all men by these presents that I, A. B. am held and firmly bound to C. D. in the sum of dollars, to be paid to the said C. D. or his certain attorney, executors, administrators, or assigns; for which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated the day of in the year of

our Lord 1830..

day of

Whereas the above named A. B. and C. D. have agreed to submit all matters in difference between them [if some particular matter only, describe it] to the award and determination of E. F., G. H., and I. K., or any two of them, so as the award be made in writing on or before the next ensuing: Now the condition of this obligation is such, that if the said A. B. shall well and truly abide by and perform such award as shall be made as aforesaid, then this obligation to be void; otherwise to remain in full force and virtue. And the said A. B. hereby agrees, that this his submission to the award aforesaid shall be made a rule of the circuit court of county. A. B. [L. S.]

Sealed and delivered

in presence of

L. M.

Another form of the condition of such bond.

Whereas certain differences have arisen between the said John Nokes and the said Joseph Styles respecting [certain matters of account now open and unsettled between them,] and it is agreed by and between the said John Nokes and the said Joseph Styles to refer to A. C. and B. D. as arbitrators, as well the said differences, as also all and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, judg ments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, both at law and in equity, at any time or times heretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending by and between the said parties, with liberty to the said arbitrators, [either before