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land_n aforesaid_a appurtenance_n manor_n 3,214 5 10.5834 5 true
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A25747 Arbitrium redivivum, or, The law of arbitration collected from the law-books both ancient and modern and deduced to these times, wherein the whole learning of awards or arbitrements is methodically treated : with several forms of submissions by way of covenants and bond : as also several forms of arbitrements or awards / by the author of Regula placitandi. Author of Regula placitandi. 1694 (1694) Wing A3600; ESTC R27651 36,572 108

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c. as in the other till you come to by or between the said Parties or any of them So always as the said Award c. as before in the other Sealed and delivered in the presence of Note you may put Exceptions in these Conditions as well as in Covenants The Condition of a Bond of Arbitration with an Umpire certain nominated therein THE Condition of this Obligation is such Note the Bond is as before That if the above-bounden A. B. c. as in the others till you come to ready to be delivered to the said Parties in difference or such of them as shall desire the same in or before the first day of Sept. next ensuing the date above-written And if the said Arbitrators shall not make and give up their Award and Arbitrement of and upon the Premisses on or before the said first day of September if then the said A. B. his Executors Administrators and every of them do and shall stand to If the Submission be concerning a Title of Land Mr. West in his Symb. part 2. sect 40. advises to word it thus As well of for and concerning the Right Title Interest Use Possession and demand of and in the Manor of S. with the Appurtenances in S. in the said County of Y. and all Lands Tenements and Hereditaments with the Appurtenances in S. aforesaid in the Occupation of the said A. B. and his Assigns as of and upon all Actions Trespasses Suits Quarrels Debts Duties Debates Griefs Inconveniencies and Demands had moved stirred or depending between the said Parties concerning the said Manor Tenements and Premisses or any part thereof and also if the said A.B. before the * Or such other time as may be thought convenient Feast of P. now next coming do shew unto the said Arbitrators all such Writings as he hath concerning the said Manor and Premisses at such time and place as the said Arbitrators shall appoint for the sight thereof So always That c. as in others That then c. as before in others And Note such a submission as this may properly be called a special Conditional Submission And though the Title of Land is as aforesaid of it self not Arbitrable and therefore an Award pleaded in such case no Bar yet being by Bond in this case the Bond will be forefeited for not performing the Award CHAP. V. The Duty of the Parties after submission and concerning publishing the Award Notice and Delivery THE Election and Submission being thus made In the next place it is the Duty of the Parties to come before the Arbitrators Parties to shew their Grievances 8 E. 4.10 a. and to shew their Grievances Arbitrators must hear them and the Arbitrators ought to hear them and to judge accordingly or otherwise they are no good Judges The Arbitrators having heard their Grievances and Matters Award agreed upon and agreed upon their Award the third part of the Duty of an Arbitrator is the publishing or notifying of his Award And it is to be considered Award to be published or notice thereof given That the publishing or notifying of an Award is either provided for and ordained by the submission it self Or else it is left and permitted to the discretion of the Arbitrator If it be provided for by the submission as sometime it is and may be If it be so provided by submission that the same Award made be notified by the Arbitrators to the parties or some of them c. and that either by a certain day or time or else without limitation of any time Then in such case its said Arbitrement is no Arbitrement before it be pronounced Else it is no Arbitrement 8 E. 4.21 b. Also Delivery of the Award 8 E. 4.11 8 E. 4.21 a. 1 H. 7.5 a. 27 H. 8.46 where by the submission it is appointed or conditionally provided that the Award shall be delivered to the Parties c. it is then no Arbitrement in Law before it be delivered in Deed. But if the submission be Where the Parties must take notice at their Peril That the Award shall be delivered to the Parties c. before such a day requiring the same and no certain day limited when it ought to be delivered then the Parties are obliged to take notice of the Award at their peril 8 E. 4.1 8 10 13 21 c. If divers of the one party How to be delivered when divers are concerned and divers of the other part submit themselves to the Arbitrement of another provided that he shall deliver to the Parties or one of them 4 5 El. 218. b. 5. the Arbitrator is not obliged to deliver it to two of one Party or to one of each Party but 't is sufficient to deliver it to any of the said Parties If the submission be Delivered by word That the Arbitrement shall be delivered before such a day it may as well be delivered by Word as by Deed 5 El. 218. b. 5. if the submission be not that it shall be delivered by Deed or Writing By Deed. If the submission be that the Arbitrement shall be delivered 5 H 7.7 a. it may be made in one County and delivered in another County If the submisson be by Deed Day past and new submission 49 E. 3.9 ● and the time past in which the Arbitrement ought to be made the parties cannot prorogue the time over to make the Award without a new submission to that purpose and whatsoever the Arbitrators do award after the time appointed Void Award 8 H 6. f. 18. is void But if the submission be without Deed Time prorogued 49 E. 3.9 Fitz. Agard 22. the Parties may prorogue the time which was given to make the Award If the Arbitrators make their Award between the Parties one day Arbitrators cannot make two Awards 22 H 6.52 a. 33 H. 6.28 b. and give their judgment therein they cannot make another Award between the Parties another day albeit the time given by the submission is not expired An Arbitrement cannot be made part at one time and part at another Or by parcel 39 H. 6.12 a. 8 E. 4.10 b. 19. E. 4.1 a. 3 H. 4.1 b. albeit it be within the time of submission Note this is meant where it is declared or pronounced to the Parties by pieces or parcels But the Arbitrators may discourse betwixt themselves But may have several Discourses 47 E. 3.21 a. 39 H 6.12 a. and agree upon one thing one day and of another thing another day and in the end make one intire Award of the whole and it is good If the Arbitrators Award one thing on one part Time expired before Agreement and before they can agree of their Award for the remainder the time given by the submission expire 39 H. 6.12 a. their whole Award is void Lastly Notice in Conscience to be given 8 E. 4.10 a. 8 E. 4.2
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 tha● one of the Parties shall do an act to a Stranger as make a Feofment or the like such Arbitremen● is said to be void 8 E. 4 1.9● 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 Case● 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. ● 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