Arbitration.—In Oregon the law relating to abitration and award is substantially the same as in California. In addition the statutes provide that when the fence rails or other property, of 'any person in the State shall be removed by high water and lodged upon the land of another, the owner shall proceed within four months upon the premises where such property is lodged and in case the proprietor of the land shall refuse to surrender the same the parties shall each select an arbitrator who shall examine and hear evidence upon all the circumstances and facts and determine the case. The arbitrators then award whatever dameither may be entitled to.

ages

FORMS.

General Submission-Short Form.

We, the undersigned, mutually agree to submit and do hereby submit all our matters in difference of every name or nature, to the award and decision of .... and .... for them to hear and determine the same, and make their award in writing, on or before the .......... day of ................

next.

..... ..........

....."

......

.....

Whereas, differences have for a long time existed, and are now existing and pending, between .... .. of, etc., and ....

.....

......... ..........

of, etc., in relation to divers subjects of controversy and dispute: Now, therefore, we, the undersigned.... ...., and .... aforesaid, do hereby mutually covenant and agree, to and with each other, that and .... of, etc., or any two of them, shall abitrate, award, order, judge and determine, of and concerning all and all manner of actions, cause and causes of actions, suits, controversies, claims and demands whatsoever, now pending, existing or held, by and between us, the said parties; and we do further mutually covenant and agree, to and with each other, that we will in all things faithfully observe, keep and abide by, the decision and award said arbitrators shall make in writing, on or before the day of...... A.D. 18. Witness our hands and seals this day of

etc., and

......

Special Submission.

......

18..

...., of,

Whereas, a controversy is now existing and pending, between ........, of, etc., in relation to certain mining claims and quartz mills, made by and between the said parties, at the town of ......, aforesaid, .day of ...... last past: Now, therefore, we, the undersigned aforesaid, do hereby submit the said controversy to

the arbitrament of

.... ....9

and

.........

of, etc., or any two

and........ .........

of them; and we do mutually covenant and agree, to and with each other, that the award to be made by the said arbitrators, or any two of them, shall in all things, by us, and each of us, be well and faithfully kept and observed: provided, however, that the said award be made in writing, under the hands of the said.... or any two of them, and ready to be delivered to the said parties in difference, or such of them as shall desire the same, on the ...... day of ...... next. [If it is stipulated that the submission be entered as an order of court, add the following: "and it is hereby agreed and stipulated that this submission to arbitration shall be entered as an order of the ...... court."]

Witness our hands [as in the foregoing].

Bond of Arbitration.

.........

........9

Know all men by these presents, that I, ... ......... of, etc., am held and firmly bound to .... of, etc., in the sum of $.... lawful money [or, "gold coin"] of the United States to be paid to the said ........, or to his 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 ...... day of ...... A.D. 18... The condition of this obligation is such, that if the above bounden.. ...., his heirs, executors and administrators, shall, and do, in all things, well and truly abide by, perform, fulfill and keep, the award, order, abitrament, and final determination of .... and ... of, etc., arbitrators, as well on the part and behalf of the above bounden as of the above-named .... ...., to abitrate, award, order, judge and determine, of and concerning all and all manner of action and actions, cause and causes of actions, suits, bills, bonds, specialties, judgments, executions, quarrels, controversies, trespasses, damages and demands whatsoever, at any time heretofore had, made, moved, brought, commenced, 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 ...., and........, or any two of them, 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 re main in full force.

.........

Condition of Bond on a Special Submission.

The condition of the above obligation is such: That if the above bounden shall well and truly submit to the decision of....

........

and........, named, selected and chosen arbitrators, as well by and on the And behalf of the said........, as of the said.... ...., between whom hear all the proofs and allegations of the parties, of

mining claim made by and between them, at the d. on the .... day of, etc., and all matters relating rl be made, etc., [as in the foregoing].

....

You are hereby notified, that you have been nominated and chosen arbitrators, as well on the part and behalf of the undersigned ... of, etc., as of .... ....., of, etc., also undersigned, to arbitrate, award, etc., [specifying the time within which, as stated in the submission or bond, the award must be made]; and you are requested to meet the said parties at the office of .... ...., in the town of ...., aforesaid, on the .... day of, etc., at ... o'clock in the.... of that day, for the purpose of fixing upon a time and place when and where the proofs and allegations of the said parties shall be heard. Dated the .... day of, etc.

Yours, etc.,

Notice of Hearing.

In the matter of an arbitration, of and concerning certain matters in difference between

.of the one

Sir: You will please take notice that the arbitrators have appointed a hearing in the matter above specified, to be had before them, at the house of .... ...., in the town of, etc., on the day of, etc.

....

Arbitrator's Oath.

[To be administered by any officer authorized to administer oaths.

You do severally swear, faithfully and fairly to hear and examine the matters in controversy between .... of the one part, and .... ...., of the other part, to make a just award according to the best of your understanding.

.........

Another Form, in Writing

We, the undersigned arbitrators, appointed by and between

and

....., do swear that we, respectively, will faithfully and fairly hear and examine the allegations and evidence of the said parties in relation to the matters in controversy between them, and will make a just award therein, according to the best of our understanding.

We command you, and each of you, personally, to appear and attend at the

house of ....

in the town of

.....

in said county, on the

day of

instant, at .. o'clock in the .... of that day, before

arbitrators chosen to determine a controversy [or, "certain whereof the sub

and ... matters in controversy"], between .. ... and ... mission is on file in this court, then and there to testify in relation thereto before said arbitrators, on the part of the said .... .... Hereof fail not at your peril.

Witness, Hon.

.... .....

judge of the district court of the .......... judicial district in and for the county of.... .... and the seal of said court, this .... day of .18.. .....

[L.S.]

...... ......

Clerk.

Oath of Witness before Arbitrators.

You do solemnly swear [or "affirm"] that the evidence you shall give to the arbitrators here present, on a controversy [or, "on certain matters in controversy"], between . and .... shall be the truth, the whole truth, and nothing but the truth: So help you God.

To....

Take notice, that we do hereby revoke your powers as arbitrators under the submission made to you by us in writing, and entered as an order of the .... district court [or, as the case may be], on the day of.... 18..

....

....

...... ....

Notice of Revocation by one Party (the Submission not having been entered as un Order of Court).

To....

.........

You are hereby notified, that I have this day revoked the powers of .... and........, arbitrators chosen to settle the matters in controversy between us; and that the following is a copy of such revocation: [Insert the revocation, made by one of the parties only].

.... .....

....

on the one

to whom were submit

......... .........

ted, as arbitrators, the matters in controversy existing between . of, etc., and of, etc., as by their submission in writing, and bearing date the day of A.D. 18.., more fully appears: Now, having been first duly sworn according to law, and having heard the proofs and allegations of the parties, and examined the matters in controversy by them submitted, do make this award in writing: that is to say, the said .... shall make, execute and deliver, to the said ........, on or before the .... day of .... instant, a good and sufficient assignment of a certain bond and mortgage executed, etc., to the said .... shall pay, o cause to be paid, to the said

shall

upon the execution and delivery of the said assignment; [or, "the said.... shall pay or cause to be paid, to the said ........, the sum of.... dollars, within .... days from the date hereof, in full payment, discharge and satisfaction, of and for all moneys, debts and demands, due or owing from him, the said .... to the said .... ....;" or, "the said henceforth forever cease to prosecute a certain suit commenced by him, against the said ...... in the district court of, etc., now pending and undetermined in the said court; and the said shall pay, or cause to be paid, to the said ... on or before the day of, etc., the sum of.... dollars, in full satisfaction of the costs, charges and expenses, incurred by the said ........, in and about the prosecution of his suit, as aforesaid "]. And we do further award, adjudge and decree, that the said

........

.....

....

.... and.... shall, and do, within ...... days next ensuing the date hereof, seal and execute unto each other, mutual and general releases of all actions, cause and causes of action, suits, controversies, claims and demands whatsoever, for or by reason of any matter, cause or thing, from the beginning of the world down to the date of the said submission.

In witness whereof, we have hereunto subscribed these presents, this.... day of...., one thousand eight hundred and ....

In presence of

ARREST.

Arrest. To stay; to stop; to deprive a person of his liberty by legal authority. The seizing a person and detaining him in the custody of the law. See MAGISTRATE.

ARREST OF DEBTOR.-C. C. P. OF CAL.

When Arrest may be Made.-1st. In an action for the recovery of money or damages, on a cause of action arising upon a contract express or implied, when the defendant is about to depart from the State, with intent to defraud his creditors. [When the action is for libel or slander. Nevada.]

2d. In an action for a fine or penalty, or for money or property embezzled or fraudulently misapplied, or converted to his own use, by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person in a fiduciary capacity, or for misconduct or neglect in office,