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Eno family letters, October 1832-October 1834
1834-04-23 Page 2
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of the place on the first of April, at which time Mariner was to pay him $2000-- the parties met on the first day of April at my office & McIntyre tendered him a deed properly made out and acknowledged -- Mariner did not accept of it alledging he was unable to pay the money -- A few days after the parties had agreed to arbitrate and I wrote mutual bonds of submission by which they agreed to leave unto M. Sheppard, D. Wagener, & W. Pulver their controversies & differences which had arisen between them in consequence of W. Mariner not taking the place. The bond was in the usual form by which it was submitted to them with a clause that the award was to be made by them or any two of them & ready to be delivered to the parties by the 20th of the month. -- The parties agreed to have the arbitrations on the 14th that which time two of the arbitrators met but Mariner did not attend -- nothing was then done - McIntyre then gave Mariner a written motion that he should submit his proof in to the arbitrators on the 19th. He notified the arbitrators but only two of them attended. M. Sheppard would not attend -- McIntyre had the two arbitrators sworn & called a number of witnesses, & the arbitrators awarded that Mariner should pay him $500 damages on demand - I wish to sustain the award but confess I have had some doubts - I should have before mentioned that Mariner did not attend before the arbitration and did not give a written revocation - Do the several provisions of the Statute concerning arbitrations apply in this case? or do they only apply when an arbitration is by the bond of submission to be made a rule of Court? -- When the Submission is to three & two only attend & have the proofs (the third being notified to attend) is the award of the two good? I have made myself believe that the
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of the place on the first of April, at which time Mariner was to pay him $2000-- the parties met on the first day of April at my office & McIntyre tendered him a deed properly made out and acknowledged -- Mariner did not accept of it alledging he was unable to pay the money -- A few days after the parties had agreed to arbitrate and I wrote mutual bonds of submission by which they agreed to leave unto M. Sheppard, D. Wagener, & W. Pulver their controversies & differences which had arisen between them in consequence of W. Mariner not taking the place. The bond was in the usual form by which it was submitted to them with a clause that the award was to be made by them or any two of them & ready to be delivered to the parties by the 20th of the month. -- The parties agreed to have the arbitrations on the 14th that which time two of the arbitrators met but Mariner did not attend -- nothing was then done - McIntyre then gave Mariner a written motion that he should submit his proof in to the arbitrators on the 19th. He notified the arbitrators but only two of them attended. M. Sheppard would not attend -- McIntyre had the two arbitrators sworn & called a number of witnesses, & the arbitrators awarded that Mariner should pay him $500 damages on demand - I wish to sustain the award but confess I have had some doubts - I should have before mentioned that Mariner did not attend before the arbitration and did not give a written revocation - Do the several provisions of the Statute concerning arbitrations apply in this case? or do they only apply when an arbitration is by the bond of submission to be made a rule of Court? -- When the Submission is to three & two only attend & have the proofs (the third being notified to attend) is the award of the two good? I have made myself believe that the
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