In order to insure correctness the publishers of this book have subjected it to a critical examination, in the following mannerTwo proof-sheets have been put up for public examination; one at the publishers' counting-house, the other at the city library in Philadelphia, and a premium of one dollar has been offered for every error that might be discovered: hence it is designated a PREMIUM edition.

DISTRICT OF PENNSYLVANIA, TO WIT:

SEAL.

BE IT REMEMBERED, That on the seventeenth day of December in the thirty-second year of the Independence of the United States of America, A. D. 1807. William P. Farrand and Co. of the said District, have deposited in this Office, the title of a book the right whereof they claim as Proprietors, in the words following, to wit:

"Farrand and Co.'s Premium Edition. A Treatise on the Law of "Awards. First American, from the second London edition, revised and "corrected; with very considerable additions from printed and manuscript "cases: and an appendix, containing a variety of useful precedents. By "Stewart Kyd, Esq. Barrister at law, of the Middle Temple.

66

"Fronte exile negotium.-Aggressis labor arduus..... TERENCE.
"Multum magnorum virorum judicio credo; aliquod et meo vindico.

SENEC.

"With references to all the recent cases in England and notes upon reports of referees in Pennsylvania."

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PRINTED BY FRY AND KAMMERER,

Printers of W. P. Farrand & Co.'s premium editions

TO

JOHN JOSEPH POWELL, Esq.

BARRISTER AT LAW,

OF THE MIDDLE TEMPLE,

THIS ESSAY

IS MOST RESPECTFULLY INSCRIBED,

AS A TESTIMONY OF

THE

HIGH SENSE THE AUTHOR ENTERTAINS

OF

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OF

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AND OF THE

JUST ESTIMATION IN WHICH HE HOLDS HIS CHARACTER

AS

A LAWYER AND A WRITER.

ADVERTISEMENT

TO THE LAST ENGLISH EDITION.

THE present edition of the Treatise on the Law of Awards contains a considerable number of cases which have been determined since the publication of the first; and of these several are no where else in print; in some parts the arrangement is somewhat altered; and some subjects are discussed, which in the first edition were left untouched. The APPENDIX of PRECEDENTS is entirely new.

No. 3, Elm-Court, Temple,

August 12, 1799.

ADVERTISEMENT

TO THE AMERICAN EDITION.

THIS edition, printed page for page from the last English edi. tion of Mr. Kyd's treatise, contains within brackets references to all such cases as have been adjudged in England since its publication there; and in the notes, indicated by Italick letters, the reader will find remarks upon a species of award known to the law of Pennsylvania, and subject to certain peculiar regulations. January 1808.

ADDENDUM.

NOTA BENE.

IN page 139 it is stated that the Court of King's Bench had lately

decided that an award under seal must be on a deed stamp, the

sealing constituting it a deed. This case was cited before Buller J. at the sittings in last Trinity Term in the Common Pleas, at Westminster, and something said about the delivery of an award under seal constituting it a deed. That Judge said he should pay no attention to that decision in the place where he then sat, and that by the delivery must be understood that the arbitrator delivered the instrument as his award, not as his deed.

I have since been favoured with the following Note by Mr. Serjeant Bailey :

"WILSON V. SMEE.

"IN Hilary Term 1798 I moved for an attachment for nonperformance of an award; Onslow shewed for cause that the award was under seal, that the attestation purported that it had been sealed and delivered, and that it ought to have had a deed stamp: The case stood over for the consideration of the court till Easter Term; and then I produced an affidavit that the arbitrators, at the time they executed their award, used the words that they published it as their award,' and that they did not deliver it as their act and deed; and on this affidavit the court thought the stamp proper, and made the rule absolute.”

IN Styles 459, Dod v. Herbert, Glyn J. C. says, "an arbitrament under seal is no DEED, and the arbitrament may be made without a deed, and therefore it is not necessary to be produced in court, for it is but a WRITING under hand and seal ;" and in Perry v. Nicholson, 1 Bur. 278. Denison J. page 281, says, “It has been settled that in actions upon AWARDS (which are no specialties) there is no occasion to set forth the whole award," &c. [4 East, 584. Brown v. Vawser, accordingly.]