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they are not bound to deliver it till it be desired. And if the Submission be by divers on both sides, provided it be delivered to the parties or one of them, he must deliver it to some or one of them, or the Award will be void. Broo. Condition 46.1 H.7.5. Dyer 218. If it be to stand to the Award of 4, etc. so it be delivered by the Arbitrators or one of them, or any 3, or 2 of them, delivery by one 2, or 3 of them is good. And if it be, So it be delivered by such, there delivery by word of mouth will be good enough. But if it say, If it be delivered in writing, Contra. 5H.7.5. Dyer 218. See more of this, Dyer 216.39.356.39 H.6.9.
An Arbitrement made onely for the one side, and nothing for the other, is void in law. As that one shall pay money, or give bond for money to the other, and the other do nothing for it. But if it be that one shall give bond to pay, or pay a debt, and that the other shall be discharged of the Debt, Co.8.72. or that one shall pay such a debt to the other he owes him, for the payment is a discharge, there must be somewhat express or implied given to either party. Idem. That one shall pay money to the other, and say not for what, is not good. Hob.50.218. So an Award, That the one party shall pay to the other in satisfaction of all Trespasses and Injuries done to him by the other party before the day of the Submission, so much, is good. The Award is a discharge, and may be pleaded in Barre for a Discharge. Brownl.310, 311.
An Award was upon a Reference of a Controverûe between them for the Tithes of corn and hay in S. and an award that the Defendant should pay the Plaint. mony before such a day; And for this all Suits to cease between them; It was objected That the Award being entire, and nothing given to the Defendant and void in part, was so in all; But it was held good for the Tithes and void for any thing else, although other Controverûes were between them; for when the Award comprehends that which is submitted and more, it is good for that submitted and void for the rest. Croo.2.663. Web vers.Ingram.
An Arbitrement made, That one party shall pay money to the other party, and then the other shall release all Actions to him, is good. And if a man demand 5l. of B. for business done for him, and this is referred to Arbitrement, and the Arbitrator award that B. shall pay to A. 4l. in full satisfaction of the same Debt and no more, this is a good Award. Sower and Bradfield Adjudg. Trin.37 Eliz.B.R. 7H.6.40.Co.8.98. But if a Suit be put in Arbitrement and the Award is that the Plaintiff shall not proceed or shall be nonsuited, or the like; it seems these are not good Awards. 19H.6.36. Plow.11. 5H.7.2.21H.7.28.36 H.6.15 7H.6.40.Co.8.98.
If all matters be referred between two, and the Award is, That one party shall go quit of all Actions that the other hath against him, & say nothing of the Actions he hath against the other, this is not a good Award. So if between the Garnisher and the Plaintiff in a detinue the Award be, that the Garnisher shall go quit of all Suits had by the Plaintiff against him, and nothing is said of the quarrels of the Garnisher had against the Plaintiff. 7H.6.40.Co.8.98.
If a Difference in a Debt of 10l. due by Contract, and the Award is, That he shall pay 40s. Costs, this is good, for hereby he is discharged of the Debt that paies it. And if the Reference be for divers Trespasses done by the one of the parties to the other, and the Award is, that he that hath done the Trespasses shall pay 10l. for the Trespasses, & order nothing to be done by the other, yet this is good, for hereby the other is discharged of any Action that may be brought against him for those Trespasses. So if the award be, That where one of them hath received 20s. of the other, and they have done divers Trespasses one to another, that the one shall pay to the other his 20s. and they shall go quit one against another. So where divers matters be of both sides, and the Award is that they shall be Friends, all controversies and matters shall cease, and the one shall pay the other 12d. Co.8.98.22. E4. 25.20 H.6.19.7 H.4.31.20 H.6.18.19 H.6.6.10 H.6.4.
A Submission was of all Trespasses, Duties and Demands; and the same day the Arbitrators awarded That the Defendant should pay to the Plaintiff in satisfaction of all Trespasses and Injuries done to the Plaintiff by the Defendant before the Date of the Submission, so much, etc. And it was held good, For by payment of the money he was quit of all Trespasses, and it shall not be intended that they had notice of more, but that the Trespasses were done onely by the Defendant; and if otherwise, the Defendant is to shew it. And where a Submission is of all Actions and not with a Condition so that it be made of the premisses, if they make an Award of part it is good for that part whereof they made their Award. But if the Submission be Conditionall, it is otherwise. Croo.2.354. Ormlade vers. Cook. Debt was on an obligation to perform an Award of all Suits and Demands between the parties so as it be made of and upon the premisses ready to be