B. and C. D. Arbitrators indifferently Elected and Chosen between the said Parties to Arbitrate Award Order c. as the Words in the Condition of the Bond are expressed of and for the Premisses as by the said several Obligations with the Conditions for the performance thereof relation being thereunto had more at large may appear Now know ye That we the said Arbitrators having taken upon us the Business and Charge of the same Award and willing to set the said Parties at Peace and Concord by making a final End and Determination concerning the Premisses in Controversie and having taken good advice and deliberation and heard and examined both their Title Allegations and Proofs offered concerning the said Premisses in Controversie do with the assent and consent of both the said Parties make publish declare and give up this our Award concerning the Premisses in manner and form following viz. First We Award Order Judge and Determine That * Setting forth the Judgment or Award c. Also we award c. Finally we award judge and determine c. In Witness whereof we the said Arbitrators and also both the said Parties to the Submission have interchangeably put our Hands and Seals _____ day of _____ Annoque Domini 1692. Another most usual and general Form of an Award upon a submission by Bond. TO all People to whom this present Writing of Award indented shall come A. B. of c. and C. D. of c. Arbitrators indifferently chosen elected and named by and between E. F. of c. and G. H. of c. to Arbitrate * Reciting the words in the Condition of the Bond. Award Order Judge and Determine of for upon and concerning all and all manner of Action and Actions Cause and Causes of Actions Suits Bills Bonds Specialties Judgments Executions Extents Quarrels Controversies Trespasses Damages and Demands whatsoever at any time before our said Election had made moved brought commenced sued prosecuted done suffered comitted or depending by or between the said Parties as by the several mutual Bonds or Writings Obligatory of the said Parties with the Conditions thereof relation being thereunto had more fully and at large may appear Now know ye That we the said Arbitrators in pursuance of our said Election and the power given us thereby for the ending of all the Matters to us therein submitted and for the future Peace and quiet of the said Parties concerning the Premisses do Arbitrate Award Order Judge and Determine thereupon as followeth First c. * Setting forth the Judgment In Witness whereof we the said Arbitrators have to these our present Indentures of Award interchangeably set our Hands and Seals the _____ day of _____ Annoque Domini 1692. The Form of an Umpirage briefly thus TO all People to whom this present Writing shall come I A. B. of C. c. Umpire indifferently chosen by E. F. of c. and G. H. of c. having deliberately heard and understood the Griefs and Allegations and Proofs of both the said Parties and willingly as much as in me lieth to set the said Parties at unity and good accord do by these Presents arbitrate award order deem decree and judge That the said E. F. his Executors or Administators shall well and truly pay or cause to be paid unto the said G. H. his Executors Administrators or Assigns at or in the dwelling House c. the full Sum of Ten Pounds of lawful Mony of England on the first day of Septemper next ensuing the Date hereof and that upon payment thereof either of the said E. F. and G. H. shall seal subscribe and as his several Act and Deed deliver unto the other of them a general Release in writing of all Matters Actions Suits Causes of Actions Bonds Bills Covenants Controversies and Demands whatsoever which either of them may might or in any wise ought to have of and against the other of them by reason aforesaid or means of any Matter Cause or Thing whatsoever from the beginning of the World until the 20th Day of * The Day of the Date of the Bonds of Submission July now last past In Witness whereof I have hereunto set my Hand and Seal the _____ Day of _____ in the _____ year of the Reign of c. Annoque Domini 1692. The Form of the Release KNOW all Men by these Presents Naming the Parties their Places and Trades or Qualities That I E. F. of c. have remised released and for ever quit claimed and by these Presents do for me my Heirs Executors and Administrators remise release and for ever quit claim unto G. H. of c. his Heirs Executors and Administrators all and all manner of Actions Cause and Causes of Actions Suits Bills Bonds Writings Obligatory Debts Dues Duties Accounts Sum and Sums of Mony Judgments Executions Extents Quarrels Controversies Trespasses Damages and Demands whatsoever which against the said G. H. I ever had now have and which I my Heirs Executors or Administrators shall or may have Claim Challenge or Demand for or by reason or means of any Matter Cause or Thing whatsoever from the beginning of the World until the 20th Day of July now last past In Witness whereof I have hereunto set my Hand and Seal this _____ day of _____ in the _____ year of the Reign of c. Annoque Domini 1692. Sealed and delivered in the presence of Note You may date the Release upon the day to which it ought to release and then say From the beginning of the World unto the day of the date of these Presents FINIS
a. and b. where by the submission there is no order taken for the delivery or publication of the Award then in honesty and conscience the Arbitrator is obliged to make notice to the Parties of it But in rigour of Law the Arbitrement it self is intended to be a thing known But not in rigour of Law 8 E. 4.1 b. 21. b. And therefore the Parties to the Arbitrement are bound to take notice of it at their Peril 8 E. 4.1.8.21 18 E. 4.18 a. 1 H. 7.5 a. especially if they be bound to stand to the Award c. Although the Parties are not to have notice given them of the Arbitrement Notice of one act depending on another 8 E. 4.21 b. 20 E. 4.8 b. yet if the Arbitrators award that one of the Parties shall do an act which depends upon another first to be done of the other Party he shall have notice of it But now all submissions are usually by Bond conditionally General Rule so as the Award be made in Writing and ready to be delivered to the Parties or such of them as shall require the same c. and in this case it is clearly resolved and agreed That the Parties having so bound themselves are obliged to take notice of the Award at their peril 18 Ed. 4.18 a. 4 Coke 82. 8 Coke f. 9 92. CHAP. VI. What things are chiefly to be regarded in Arbitrements or Awards and first that it must be according to the submission HAving now received the Award from the Arbitrators Next we come to examine the Arbitrements themselves and to see what things are chiefly to be regarded in them In the form of every Arbitrement six things are specially to be regarded Six things to be regarded in every Arbitrement 1. That it be made according to the very submission touching the things submitted or necessarily depending thereupon and every other circumstance as aforesaid 2. That it ought to be certain 3. That it ought to be equal and appoint either Party to give or do unto the other something beneficial in the appearance at the least 4. That the performance thereof be possible and lawful and within the power of the Parties 5. That there be a means how either Party may by Law attain unto that which is thereby awarded unto him 6. That it be a final end of the Controversies submitted And if it fail in any of these points then it is said the whole Arbitrement shall be void First That it be made according to the submission An Arbitrement which is made of a matter not contained in the submission is void as followeth 7 H. 6.40 b. 19 H. 6.36 b. 9 E. 4.44 a. 19 E. 4.1 a. 7 8 El. 4.4 a. It may be void as to the submission in three respects Void in three respects 1. Of the Persons submitting c. 2. Of the things or matter submitted 3. Of the circumstances of the submission First As to do an act to a Stranger 17 E. 4.23 19 E. 4.1 b. 5 H. 7.22 b. As to the Persons If the Arbitrators award thaâ— one of the Parties shall do an act to a Stranger as make a Feofment or the like such Arbitremenâ— is said to be void 8 E. 4 1.9â— 22 H. 6.46 b. But see after Chapter 13. where 't is said otherwise So if it Award a thing to be done by a Stranger Act to be done by a Stranger it is also void as to the Stranger Mich. 28. and 29 El. Moor and Bedel's Caseâ— See the General Rules after If the Arbitrement be that the Parties shall stand to the Award of the Stranger To stand to the Award of a Stranger to be made it is void for power cannot be assigned 47 E. 3.21 a. 8 E. 4.10 11. a. 19. â— Coke Samons Case But if a Stranger had made an Arbitrement before between the said Parties To stand to Award of Stranger formerly made an Award to stand to such an Arbitrement of the Stranger it s said is good 39 H. 6.10 And this may be because the former Arbitrement is a thing already done and certain If the Arbitrement be Award supposed to be formerly made That the Parties shall perform the Award of another formerly made between the said Parties whereas in truth there is no such Award yet the Arbitrement is good prima facie at first sight until it be known that there be no such Award 39 H. 6.12 a. If an Arbitrment be that an act limited by the Award shall be done by the advice and counsel of another Act to be done by advice of Counsel such an Award hath been thought to be good but by others ill because not final and incertain whether the Counsel will advise But if the act be to be done by the advice of the Arbitrator himself By advice of the Arbitrator this is to make two Awards and so void 8 E. 4.11 a. 14 E. 4.1 18 E. 4.22 23. 19 E. 4.1 a. See after Chap. 13. Concerning Payment in the House of a Stranger Concerning Payment at the House of a Stranger Concerning Payment at or in the House of a Stranger 2dly As to the things If one be chosen to make an Award upon one thing Submission of one thing Award of another and he makes it upon another the Arbitrement is void As if the Submission be of all things in variance betwixt the Parties and the Award is of things not in variance Pl. Com. 396. a. So if the Submission be of the Right and Interest of Land Submission concerning Title Award concerning profits only Submission of the Manor of D. Award of Manor of S. Submission of all Causes till that time Release after of all Causes to that time and the Award is concerning the Profits only of the Land Dyer f. 242. So if the Submission be of the Manor of D. and the Award is of the Manor of S. So if the Submission be of all Canses till that time and the Award is of a Release of all Causes to the time of the Award especially if any new Causes be shewn But if the Award be made of and concerning the Premisses 8 Co. fol. 98. and that such a day to come the one party shall pay the other 10 l. and that the party shall make general Releases Nota. this Release shall be supposed only of the Causes submitted But if the Submission be of a Thing Award of a thing incident or accessory 8 H. 6.18 b. 19 E. 4. a. 26 E. 4. 9 H. 7.15 16. the Award may be made of a thing incident or accessory as if it be of Title and Possession of Land the Award may be made also of the Evidences and Charters concerning the Land Mich. 9 Jac. Tiderby and Tiderby Note also that it is said Submission of things personal Award of things real That if the Submission is of things personal the Arbitrators may award That one of the Parties shall
if the Award be that one of the Parties shall discharge the other of a Bond of the Penalty of 100 l. or thereabouts this was held a sufficient Certainty Pasch 15 Car. in B. R. Also an Award that is seemingly uncertain Award good if it may be reduced to a certainty and yet may be reduced to a Certainty is good enough as that the Defendant shall pay so much during the continuance of such a Lease naming it c. Here the payment of the Mony is referred to the Continuance of the Lease which is certain and therefore the Award good Pasch 5 Jac. in B. R. Girling versus Gosnold Hob. 68. Dyer 242. CHAP. VIII That an Award must be equal and appoint either Party something beneficial AN Award ought to be equal General Rule that is mutually satisfactory and appoint either Party to give or do unto the other something beneficial in the appearance at the least An Arbitrement is no Plea in Trespass Nothing for amends in Trespass ill if nothing be awarded to the Plaintiff for amends 43 E. 3.28 In Trespass of Goods taken it iâ—â—ot good Pleading an Award that the Defendant should retain part of the Goods and the Plaintiff have the rest So in Debt Half to the one half to the other ill to plead an Award that the Plaintiff should have one Moiety and the Defendant the other or should pay part and keep part this is no Plea 17 E. 3.6 45 E. 3.16 10 H. 4. Fitz. Arbit 19. and therefore such an Award is void and with good reason For In Trespass for taking away of Goods Goods awarded to be redelivered ill the Defendant pleaded an Award that because the Defendant had taken away the Plaintiffs Goods he should therefore carry and redeliver them to the Plaintiff which he had done this was held naught for redelivery of the Plaintiffs own Goods could be no satisfaction much less the redelivery of part of them 45 E. 3.16 2 H. 5.2 a. 12 H. 7.14 15. But if upon the Delivery of Goods If benefit to him for whom delivered good he for whom they are to be delivered may have any benefit by such Delivery in satisfaction of the Wrong then the Arbitrement is good 2 H. 5.2 〈◊〉 14 H. 4.14 b. 12 H. 7.15 a. As if the Defendant had been awarded to have carried the Goods to such a place for the Plaintiffs benefit If two submit themselves to Arbitrement of all Trespasses Award on one fide only c. between them and it is awarded that the one shall make amends to the other and nothing is awarded for the others Benefit this Award is void being but on one side 7 H. 6.40 39 H. 6.9 22 E. 4.25 So if it were that the one only shall go quit against the other One quit against the other 19 H. 6.36 20 H. 6.18 19. Hob. 68. For such Arbitrements are only on one side But where there is an Acquittal or express Satisfaction on both sides Nota. General Rule or on one side only with an implied discharge on the other the Award may in such case be good An Award that the one shall give to the other a Quart of Wine A small recompence and good or some such small Recompence in satisfaction of the Wrong is good So A Peny in satisfaction good for that the one has done more Trespass to the other than the other to him he shall pay the other a Peny in satisfaction and that he shall be quit against him 19 H. 6.37 20 H. 6.18 19.45 E. 3.16 b. 9 E. 4.44 a. An Award for that the Wrongs done by the Parties each to other are equal Each party quit against the other they shall therefore be quit each against the other is said to be good 20 H. 6.19 21 H. 6.9 Dyer 356. 22 H. 6.39 19 H. 7.37 Yet 't is said to be otherwise if the Submission was by Word of Mouth 9 E. 4.8 Quaere Where divers of the one Party and the other submit themselves to Award One of each party quit against the other and the Arbitrement is That one of one of the Parties shall pay to one other of the other Party so much without saying any thing of the others it is said to be a good Award for that the others it may be have no Cause to have any thing 22 E. 4.25 b. If the Arbitrement be that one of the Parties shall pay a greater Sum in value than the Wrong which he has done requires Damage of things uncertain lies in the direction of the Arbitrators as 10 l. where but 5 s. damage and the like yet the Award is said to be good for that it lies in the discretion of the Arbitrators who are Judges especially of things uncertain as Trespass and the like but of things certain as Debt c. as before it may be otherwise 8 E. 4.121 Again as to an implied Discharge Nota. Implied Discharge good If it be awarded That the Defendant shall pay 10 l. for a Trespass it is good 22 E. 4.25 So that the Defendant shall pay a Peny to the Plaintiff in satisfaction of all manner of Actions if the Defendant shew that he hath paid it it is a good Bar 22 H. 6.39 Because these imply a Discharge to the Defendant But if the Award be that he that is bound in a Bond shall pay the Debt No Discharge on Bond without Acquittance this does not imply a Discharge for payment in such Case without Acquittance is no Discharge to him Hob. 68. and therefore the Award void unless there be provision for a Discharge See 8 Co. 98. An Award that in satisfaction of the Wrong the Parties shall intermarry is no good Award Intermarriage 9 E. 4.44 for it is no satisfaction That one of the Parties that is in Arrear in Accompt The Parties to account shall account with the other is held no Satisfaction 30 H. 6. Fitz. Abr. 27. CHAP. IX That the Performance of an Award must be possible lawful and within the Parties Power without the Aid of others IF an Award be to do a thing impossible Award of a thing impossible 8 E. 4.6.10 12. 9 H. 6.19 22 H. 6.46 21 E. 4.38 39 48. as to turn the River of Thames to run over the Cellar of Westminster within a day or to pay a Sum of Mony at a day already past or to release all Right in such a Manor where in truth there is no such and the like such an Award is void and the Bond not forfeited But if the Thing seem feasable and possible though very hard and difficult General Rule Award of a thing possible must be performed yet the Award may be good and the Party ought to perform it As That I shall at such a time Example go to such a place and bring from thence such a thing as is not there in this case I ought