difference at the time of making of the said agreement, so referred to him as aforesaid, then ready to be delivered to the said A. B. and the said C. D. bearing date the same day and year last aforesaid; and thereby he the said J. S. did, among other things, award, order, decree, and determine of and concerning the aforesaid matters in difference, that, &c. [here set forth so much of the award as is necessary to support the action.] Of all which premises the said C. D. afterwards, to wit, on the said, &c. at, &c. had notice; by reason of which premises the said C. D. became liable to pay, &c. to the said A. B. &c. [or became bound to do the specific thing awarded, and in which it is intended that the breach should be assigned, as the case may be,] according to the form and effect of the said award, and which he the said C. D. ought to have done, according to the form and effect of the said agreement and the said promise and undertaking of the said C. D. so made as aforesaid: Yet the said C. D. not regarding the said agreement, nor his said promise and undertaking so by him in this behalf made, but contriving, &c. hath not yet paid, &c. [or hath not yet done the thing specifi cally awarded, as the case may be,] although he the said C. D. was thereto requested by the said A. B. but to pay the same, &c. [or to do, &c. as the case may be] hath hitherto wholly refused, and still doth refuse, contrary to the form and effect of the said agreement, and the said promise and undertaking of the said C. D. so made as aforesaid.3

3 Vid. p. 11. 277. et seq-and vide Wentworth's Pleader, vol. for more examples of declara- 1. p. 90—100.

tions in assumpsit on awards,

DEBT on an AWARD for the PAYMENT of MONEY.

LONDON > W. G. late of, &c. was summoned to TO WIT. answer to J. A. in a plea that he render to him 500l. which, he owes to him and unjustly detains from him, &c. and thereupon the said J. by C. D. his attorney, says, that WHEREAS on, &c. at London aforesaid, &c. divers controversies and disputes had arisen, and were then depending, between the said J. and the said W. for the determining whereof the said J. and the said W. on the same, &c. at, &c. submitted themselves to stand to the award and determination of J. B.-J. J. and R. B. or any two of them, arbitrators indifferently named, elected, and chosen by and between the said parties to arbitrate, award, order, judge, and determine of and concerning the same controversies and disputes, so as the said arbitrators, or any two of them, should make and publish their award in writing of and concerning the premises so referred as aforesaid, on or before, &c. and the said J. in fact, says, that the said J. B.-J. J. and R. B. the said arbitrators, having taken upon themselves the burthen of the said arbitration, they the said J. B.— J. J. and R. B. afterwards, and within the time above limited for making the said award, to wit, on, &c. at, &c. aforesaid, &c. made their award of and concerning the premises so referred to them as aforesaid, in writing under their hands and seals, ready to be delivered to the said parties, or either of them who should desire the same, bearing date the same day and year last aforesaid; and by the said award they the said J. B.—J. J. and R. B. did award and determine

that the said W. his executors and administrators, some or one of them, should on, &c. ensuing the date of the said award, at, &c. between the hours, &c. well and truly pay, or cause to be paid, to the said J. his executors, administrators, or assigns, the sum of 2471. 9s. 3d. of good, &c. [and further, by the said award, they the said arbitrators did award and determine, that upon payment of the said sum of two hundred and forty-seven pounds nine shillings and three-pence by the said W. his executors or administrators, to the said J. his executors, administrators, or assigns, the said J. and W. their executors and administrators, should execute general releases each to the other of all actions, claims, and demands whatsoever, from the beginning of the world to, &c.] And the said J. avers that the said W. did not on, &c. (the day appointed for the payment of the money,) at, &c. (the place appointed) between the hours, &c. nor at any other time or place whatsoever hitherto pay, or cause to be paid, to the said J. or his assigns, the said sum of 2471. 9s. 3d. of good, &c. which by the said award was to have been paid by the said W. to the said J. on that day, and at the time and place aforesaid, according to the form and effect of the said award, but therein wholly failed and made default; and the same, and every part thereof, is still wholly unpaid to the said J. whereby an action has accrued to

The clause between [] seems to be introduced for the purpose of preventing a demurrer for the want of mutuality; but as that is certainly not now considered as a requisite to con

stitute a good award, this clause may safely be omitted.-Vid. p. 218-228, and vid. p. 288— 289.-What is here said is meant to apply to all between [] in the subsequent precedents.

the said J. to demand and have of the said W. the said 2471. 9s. 3d. parcel of the said sum of 500l. above demanded. AND WHEREAS the said W. afterwards, to wit, on, &c. at, &c. aforesaid, borrowed of the said J. 252l. 10s. 9d. to be paid to the said J. when he the said W. should be thereto afterwards requested, by means whereof an action has accrued to the said J. to demand and have of and from the said W. the said 2521. 10s. 9d. residue of the said sum of 500l. above. demanded: yet the said W. although often requested, has not as yet paid the said sum of 5007. nor any part thereof, to the said J. but has hitherto refused, and still does refuse, to pay the same, or any part thereof, to the said J. to the damage of him the said.J. of twenty pounds; and therefore the said J. brings suit, &c.

DECLARATION in DEBT on an AWARD made by an UMPIRE.

LANC

LANCASHIRE T. L. complains of J. S. being, &c. 2 TO WIT. Sin a plea that he render to the said T. 60. which he owes to and unjustly detains from him: FOR THAT WHEREAS on, &c. at, &c. in, &c. divers disputes, differences, and controversies had arisen, and were depending, between the said T. and the said J. and thereupon, for the putting an end to the said differences, disputes, and controversies, they the said T. and J. on the same, &c. at, &c. submitted themselves to stand to the award, order, and final determi

nation of C. D. of, &c. and L. B. of, &c. arbitrators indifferently named, elected, and chosen, as well on the part and behalf of the said J. as of the said T. to award, order, judge, and determine, of and concerning the premises, so as their award should be made in writing, under the hands and seals of the said C. D. and L. B. ready to be delivered to the said parties on or before, &c. and if the said C. D. and L. B. should not make their award in writing, under their hands and seals, ready to be delivered to the said parties on or before, &c. then the said T. and J. submitted themselves to stand to, abide by, perform, and keep the award and final determination of E. F. of, &c. indifferently elected and chosen by and between the said parties for finally determining the said differences, disputes, and controversies, so as the said E. F. should make his award in writing, under his hand and seal, ready to be delivered to the said parties on or before, &c.-and the said T. in fact says, that the said C. D. and L. B. the arbitrators aforesaid, did not make their award in writing concerning the premises, ready to be delivered to the said parties, within the time in that behalf limited as aforesaid, but intirely omitted so to do: And the said T. further in fact, says, that afterwards, and within the time in that behalf limited for the aforesaid E. F. to make his award as aforesaid, concerning the premises, to wit, on, &c. at, &c. he the said E. F. having taken upon himself the burthen of the said award, in due manner made his award of and concerning the premises, in writing under his hand and seal, ready to be delivered to the said parties, or such of them who should require the same; and thereby he the said E. F. did then and there order and award that [all actions,