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William Sheppard:
A Grand Abridgment of the Common and Statute Law of England

Click for larger scan of this page of the bookPage 11 (page 185 in the book)

case brought by the Administrator, and nullum fecit Arbitrium pleaded, and adjudged for the plaintiff. Brownl. 309. Freeman and Bespowle. And there agreed that every award must respect both parties if it be not a matter which concerns one party only, and neither Recompence, nor Acquitall due to the other party, and there it is good. And that where the Submission is as there Ita quod &c. that there the Arbitrators must make their award of all the variances referred to them, else void. But if the Submission be generall, and but part is made known to them, and they make an Award of that, it is good enough. And it was held good albeit no place was set where the money should be paid, that shall have a reasonable Construction, and the party shall have a reasonable time for payment of the money also. 3H.7.16 E.4.

The Award was that the one party should pay upon the 21th of May then following 20l. to the other, and that the other super prædictum primum diem Maii should release, etc. And it was held naught, for the Release was to be made upon the said first of May, and there was no such day, it was held void, and no payment need to be, but void in part it is void in all. Croo. Abridg. case 2056.

If the Award be That one of the parties shall release the Surety of the Peace to W. and in truth there is none such to be released. 21E.4.40.9 E.4.44,49.

So if it be That one of them shall release to the other the Suit that he hath against him, and in truth there is no such Suit in being. 20E.4.38.

An award was That one of the parties should pay unto the other 20l. per Annum during the Continuance of 2 leases for years in being of the Parsonage of Y etc. Not shewing for what time the leases were, and the continuance of them, but it was set forth by the Plaintiff; and it was held certain enough, for the payment is referred to the Continuance of the leases which is certain. Id certum quod certum reddi potest. 3 Jac. B.R. Girling and Gosnold.

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