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
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
Payment of Mony and release at the same time 21 H. 7.28 b. that one Party shall pay Mony and the other shall make a Release it shall be done at one and the same time if there be no Bond to perform the Award But if there be an Obligation to perform the Award When Parties must perform Award at their Peril then either ought to perform his part under the peril of the Obligation 21 H. 7.28 b. If a Bond be made to stand to an Arbitrement though the Arbitrement is void in Law yet it is said it ought to be performed otherwise the Bond shall be forfeited 22 H. 6.46 b. This must be meant when the Award is only void in part See before Chap. 6. But if an Action be brought upon such void Award 22 H. 6.46 b. the Action shall not be maintained If the Matter contained in the Award Difference in Words between the Award and Submission and the Matter contained in the Submission of which the Arbitrators ought to award differ in Words or in Circumstance The Parties to the Arbitrement shall not in a Suit thereupon be allowed to aver 7 8 El. 242. b. 52. Averment not allowed that it is all one Dyer 242. See before Chap. 14. Thus have I shewn you the whole Law of Arbitrement by Method and Rule wherein if you find some things twice it is not without some Reason either relating to the Method or to the Matter of an Award There may be many other things said of Arbitrement in later Books as in the three Books of Keble's Reports but these things being no more than what is already said and especially belonging to Pleading I shall omit them Several Forms of Awards Arbitrements and Vmpirage Mr. West in his Treatise Symb. Part 2. Sect. 45. gives us a President to this purpose An Arbitrement or Award of Lands by which the Party covenanteth to perform it THIS Indenture made the 1st day of Aug. in the fourth year of the Reign of our Sovereign Lord and Lady William and Mary by the Grace of God of England Scotland France and Ireland King and Queen Defenders of the Faith c. Annoque Domini 1692. between A. B. of c. of the one part and C. D. of c. of the other part Witnesseth That whereas there hath been and yet is Contention Variance and Suit betwixt the said Parties not only for and concerning the Right Title and Interest of and in a certain quantity of Ground by estimation two Acres or thereabouts lying in E. and adjoyning c. * Setting forth the bounds and borders of the Ground For the friendly ending and appeasing of which said Variances and Controversies the said Parties have compromited and submitted and by these presents do compromit and submit themselves and all Matters in variance aforesaid to the Order Arbitrement Award Judgment final End and Determination of E. F. and G. H. of c. Arbitrators indifferently chosen elected and named as well on the part and behalf of the said A. B. as of the aforesaid C. D. Whereupon the said Arbitrators having viewed the said Ground in variance and perused divers Writings and Evidences concerning the same and heard the Testimony and Witness of divers ancient Men and Neighbours dwelling nigh the said Ground as well touching the Occupation and Usage of the said Ground by the said A. B. and his Ancestors as also the said ways used thereunto by the Inhabitants of the Neighbourhood time out of mind Do make and declare their Award Judgment final End and Determination of and concerning the Premisses and every part thereof And to that end the said A. B. and C. D. do and each of them by these Presents doth severally Covenant and Grant to and with the other for themselves their Heirs Executors and Administrators in manner and form following that is to say First the said Arbitrators do Order Award and Judge and the said C. D. is so contented and agreed and accordingly doth Covenant and grant for him and his Heirs to and with the said A. B. and his Assigns That he the said A. B. shall and may from henceforth have hold occupy and quietly enjoy to him and his Heirs for ever the said parcels or quantity of Ground containing by estimation two Acres lying and being c. setting forth the Buttels and Bounds and the substance of the Award and that the said C. D. his Heirs and Assigns shall and will at all times hereafter at his and their proper costs and charges and within the space of Two years Or other time as is thought fit And with such Exceptions as may be thought fit next ensuing the date hereof do make acknowledge and suffer or cause to be made acknowledged and suffered all and every Act and Acts Thing and Things for the further better and more perfect assuring and sure making unto the said A.B. his Heirs and Assigns for ever as well the said parcel or quantity of Ground containing about two Acres as also of the said ways in manner and form before expressed as by the said A. B. his Heirs or Assigns or his or their Counsel learned in the Laws shall for that purpose be reasonably advised devised or required according to the true intent and meaning of these Presents In consideration whereof the said A. B. hath paid to the said C. D. at the ensealing hereof at the Request and by the Award and Order of the said Arbitrators the Sum of 100 l. of lawful Mony of England In Witness whereof not only the said Parties to these present Indentures of Award interchangeably have put their Seals and subscribed their Names but also the said Arbitrators to both the parts of these Indentures have put their Hands and Seals the day and year first above written Sealed and delivered in the presence of Note That all such Covenants and Conditions as are usually made for the assurance or enjoying of Lands or Tenements Goods and Chattels may be inserted into Awards as the Arbitrators c. shall think fit Another more usual and formal Award upon submission by Bond. TO all People to whom this present Writing of Award * Note it need not be indented unless the Bonds of Submission do so provide Indented shall come A. B. and C. D. of c. send Greeting Whereas great Variance Strife Debate and Controversie hath heretofore been had moved and stirred between E. F. of c. and G. H. of c. of for and concerning c. reciting the Matters in Controversie for the appeasing and ending whereof either of the said Parties by their mutual Assents Consents and Agreements have submitted and bound themselves either to the other by their several Writings Obligatory bearing date c. setting forth the date in the Sum of c. mentioning the Penalty To stand to obey abide observe perform fullfil and keep the Award Order Arbitrement Judgment final End and Determination of Us the said A.