in opinion concerning the same Now Know ye That in pursuance of the power and direction afd in respect to the naming of an umpire in the sd matters we the sd (arbitrators) do hby nominate and appt &c. As witness &c. see ante, No. CXXXIII. No. CXXXVI. By Arbitrators, No. CXXXVII. Enlargement of the Time for making an Award by the Parties in Dispute. Know all &c. see ante, No. XCVI. That we the within-named A. B. and C. D. for ourselves respively and for our respive hrs exs and ads have given and granted and by these prests do give and grant unto the within-named (arbitrators) until the day of day of As witness &c. see ante, No.CXXXVII. Time for making the Award. No. CXXXIII. No. CXXXVIII. Enlargement of the Time for making an Award by Arbitrators. day of now We the undersigned (arbitrators) by virtue of the powers given to us for that purpose do hby extend and enlarge the time for making our award until the next ensuing on or before which sd day our award in writing of or concerning the matters in difference within mentd shall be made and published As witness &c. see ante, No. CXXXIII. No. CXXXVIII. Time for making the Award. Requisites of the award. Must be con sistent with the submission. Must be certain. Must be mutual. Fifth, must be of a Thing possi- 5. Affidavit to support, &c. an Award. ble and lawful. SECT. 1. The general requisites of an award are, First, That the award must be consistent with the submission; Secondly, That it must be certain; Thirdly, That it must be mutually satisfactory; Fourthly, That it must be final; Fifthly, That it must be of a thing possible and lawful. First. The award must be consistent with the submission. If it be made of any other thing than what is contained in the submission, it is void; as where the submission is of all differences at the time, an award as to differences subsequent to the submission is bad, Roll. Arbit. (C) 8 S. O.; Barnardiston v. Fowler, 10 Mod. 204; or an award that a lease should be granted from a certain time, which by the submission ought to have been awarded from a time prior, Bonner v. Liddell, 1 B. & B. 80; so under a submission of all matters in difference between A. and B., an award on matters in difference between A. B. C. and D. is bad, Fisher v. Pimbley, 11 East, 188; so an award of a sum of money to one of the parties, and another sum to a stranger, is good for the party himself, but void for the stranger, 2 Saund. 293. Secondly. The award must be certain, therefore where the award is to give security for the payment of a sum of money, it is bad, because uncertain what security, whether by bond or otherwise, Thine v. Rigby, Cro. Jac. 314; or an award of a bond for quiet enjoyment, without appointing a certain sum, is void, Salmon's case, 5 Co. 77, S. C. Cro. Eliz. 432. But the certainty required in an award is to a common intent, and the uncertainty must expressly appear on the face of the award, 1 Burr. 277. Thirdly. The award must be mutually satisfactory, it must not be on one side only; what is awarded to be done to one, must be an advantage to both, namely, to give satisfaction to one, and discharge the other; therefore where A. and B. submit all actions by A. against B., and by B. against A., an award that A. shall go quit, and not B. Award. is void, Roll. Abr. 253; therefore where a suit in Chancery, in which some of the plaintiffs were infants, was referred by an order of that court, an award made in pursuance thereof was held bad, as there was nothing to bind the infants, and consequently no mutuality. Fourthly. The award must be final, therefore an award that if the Must be final. plaintiff on account prove certain articles against the defendant, then he shall pay so much as the plaintiff was damnified thereby, is not final, Selsby v. Russel, Comb. 456. But an award of a thing to be done at a future day, if such thing must be absolutely done, is good, Palm. 110. Fifthly. The award must be of a thing possible and lawful, as an award of a payment at a day past is bad, because impossible, 1 Inst. 206; or an award that one shall steal and the like, ib. 2. The stamp duty required on an award is 17. 15s.; and where the Amount of same together with any schedule or other matter put or indorsed stamp duty. thereon, or annexed thereto, contains 2160 words, then for every entire quantity of 1080 words over and above the first 1080, a further progressive duty of 11. 5s. But where an opinion is given on a case, it has been held that, supposing a stamp on the opinion was necessary, the case formed no part of it, although the opinion was annexed to the case, and therefore need not be reckoned in computing the number of words, Boyd v. Emmerson, 2 Ad. & Ell. 184; S. C. 4 Nev. & Man. 99. An award in writing, under seal, need not have a deed stamp, Deed stamp. unless delivered as a deed, but if delivered as an award, an award stamp held sufficient, Brown v. Vawser, 4 East, 584; Blundell v. Brettargh, 17 Ves. 236. This distinction is, however, rendered immaterial by the 55 G. 3, c. 184, which makes an award in all cases subject to a deed stamp. An award by commissioners under an In- Ad valorem closure Act need not have an ad valorem stamp upon the money stamp. consideration, Doe v. Preston, 7 B. & C. 392. within the Stamp Acts. 3. As a rule where a document on the face of it does not appear What an award to be an award, it need not be stamped as such, therefore where a defendant had stated that if a miners' jury should say that the shaft was his, he would remunerate the plaintiff, held, that the verdict of the jury given in writing, and stating that the shaft was in defendant's possession, was not an award, and did not require an award stamp, Sybray v. White, 1 M. & W. 435; S. C. 2 Gale, 68; so it seems that an opinion given by counsel, to whom a case was referred for his opinion, was held not to be an award within the provision of the Stamp Act, Boyd v. Emmerson, ub. sup. 4. If an award be made on an improper stamp, and no application Effect of an be made to enforce it, the court will not set it aside, Preston improper stamp. V. Award. Affidavit to support, &c. an award. Easton, 7 T. R. 95; see further as to setting aside awards, 2 Bacon. 5. An affidavit to support or set aside an award, has been held to require a stamp, not being made for the immediate purpose of being filed, read, or used in a court of law or equity, according to the 55 G. 3, c. 184, Templeman v. Reed, cited by Collins on the Stamp Laws, 284. No. CXXXIX. Award under an Agreement. Recital of an agreement by a repairs. No. CXXXIX. Award pursuant to a Clause in Articles of Agreement for making Repairs. To all to whom these Prests shall come We the (arbitrators) day of in a complete and work builder to make send greeting Whas by certain articles of agreement bearing date &c. and made betn A. B. of &c. gent. of the one pt and C. D. of &c. builder of the or. pt he the sd C. D. in conson of the sum of £ to be paid to him as hnaftr is mentd did covt with the sd A. B. that he the sd C. D. at his own proper expence wld on or before the day of manlike manner and with good and substantial materials of all sorts make the sevl alterations reparations and improvements to a messe situate &c. and in such manner as thin is more parlarly mentd and set forth in conson whof the sd A. B. did covt with the sd C. D. that he shd and wld pay unto the sd C. D. the sum of £ in manner following that is to say the sum of £ pt thof on the then next ensuing and the sum of £ residue thof within fourteen days next after the sd messe should be completely repaired and improved in manner as thin befe mentd And it was thby mutually agrd that if any dispute shd arise betn the sd pties relating to the performance of the sd articles that then the same shd be left to the decision of two indifferent persons as arbitrators the one to be named by the sd A. B. and the other by the sd C. D. or to an umpire to Performance of be chosen by the said (arbitrators) And whas the sd C. D. hath the contract by the builder. at his charge made such alterations reparations and improvements to the sd messe pursuant to his covt contd in the sd articles and hath recd of the sd A. B. the sum of £ being the first paymt mentd in the sd articles And whas some disputes have since arisen touching the reparations made as afd and the same have been referred to us the sd (arbitrators) Now To refer disputes to arbitration. No. CXXXIX. Award under an Agreement. Know ye that we the sd (arbitrators) having fully viewed and inspected the sevl alterations reparations and improvements done in and to the said messe by the said C. D. do hby award that the sum of £ shall be deducted from the sd sum of tween the per Disputes be ties. £ so remaining to be pd to the sd C. D. as afd And we of £ so pd to him and of the sd sum hby agrd by us the sd (arbitrators) to be deducted as afd the full sum of £ we do hby order and award shall be pd by the sd A. B. to the sd C. D. on the and at the hour of day of next at the house known &c. in the forenoon of the same day And cute mutual releases. we do hby furr award that the sum of £ being the expence and chas incident to the arbitration shall be pd by the sd A. B. and C. D. in equal moieties And lastly upon paymt of the sd Parties to exesum of £ we do hby award and direct that the sd pties shall duly exte and deliver to each other mutual releases in writing of all and evy matter htofe in difference between them and so referred to us as afd if and when either pty shall require the same and that the expences of such rele shall be pd by the pty requiring the same In witness &c. see ante, No. CXXXIII. Received the £ day of 18 of the sum of being the amount by the annexed award directed to be pd to me and which I hby acknge to have received in addition to £ htofe recd on acct of my bill delivered to the sd A. B. in full discharge and satisfaction of all claims and demands whatsr which I have or ever had agst the sd A. B. £ C. D. No. CXL. Award under a Submission by Deed. To all to whom these Prests shall come (Debtor) of &c. sendeth greeting Whas by a certain deed bearing date &c. and made betn (debtor) of &c. of the first pt and (trustees) trustees on behalf of themselves and the other crs of the sd (debtor) of the No. CXL. Award under a Submission by Deed. |