administrators, the sum of 25/. 15s. of lawful, &c. at, &c. on, &c. between the hours, &c. as by the said last mentioned umpirage, relation being thereunto had, more fully appears: And the said J. C. further says, that the said W. F. and J, T. did not nor did either of them pay or cause to be paid unto the said J. C. the said sum of 257. 15s. in the said last award mentioned, or any part thereof, at the time and place thereby appointed for the payment thereof, but that they and each of them wholly refused and neglected to pay the same, whereby an action hath accrued to the said J. C. to demand and have of and from the said W. F. and · the said J. T. the said last mentioned sum of 25l. 15s. residue of the said sum of 771. 5s. above demanded: Yet the said W. F. and J. T. although often severally requested, &c. have not, nor hath either of them paid the said sum of 771. 5s. above demanded, or any part thereof, to the said J. C. but have and each of them hath hitherto wholly refused, and refuse, and each of them refuses so to do, to the damage of the said J. C. of 20%. and therefore he brings suit, &c.

DECLARATION in DEBT on an AWARD made in pursuance of an ORDER of REFERENCE at the ASSIZES on withdrawing a JUROR, and where one of the AR BITRATORS refused to act.

CORNWALL? M. W. late of, &c. surgeon, was

TO WIT. S summoned to answer to J. M. and J. P. gentlemen, assignees of the estate and effects of D. P. a bankrupt, according to the form and effect of the statutes, &c. of a plea, that he render to them 150% of lawful, &c. which he owes to and unjustly detains from them, &c. and thereupon the said J. M. and J. P. assignees as aforesaid, by J. A. their attorney complain; for that WHEREAS on, &c. at, &c. divers differences, &c. had arisen and were depending, and suits at law and in equity were also depending between the said J. M. and J. P. assignees as aforesaid, and the said M. W. and WHEREAS at the assizes held at, &c. in and for the county of C. aforesaid, on, &c. a certain eause then depending between the said J. M. and J. P. assignees in form aforesaid, and the said M. W. was then and there to have been tried between them; and WHEREAS by an order made at the said assizes so held at, &c. in and for the county aforesaid, on, &c. to wit, at, &c. in the said cause, wherein the said J. M. and J. P. as assignees of the estate and effects of the said D. P. were plaintiffs, and the said M. W. was defendant; it was ordered by the court, by and with the consent of all parties, their counsel and attornies, that the last of the jurors impanneled and sworn to determine the issue joined between the said parties in

1

that cause should be withdrawn, and that all matters then in difference between the said parties should be referred to the award, &c. of H. J. D. and D. V. both of, &c. and J. R. of, &c. stiled, in the said order, gentlemen, or to any two of them; and that the said parties should perform the award of the said arbitrators, or of any two of them, so as they should make and publish the same of and concerning the premises in writing on or before the first day of the then next Michaelmas term; and it was also ordered, by and with the like consent, that such witness or witnesses as should be produced by the said parties or any of them before the said arbitrators for examination, should be sworn before a Commissioner of his Majesty's Court of C. B. and that the bill in equity then depending between the said parties should be dismissed upon making the said award, as the said arbitrators should determine; and that no other bill in equity should be preferred by either or any of the said parties against the other for or relating to the matters in dispute between them; and it was further ordered, by and with the like consent, that no bill in equity should be preferred by the said parties, or any of them, against the said arbitrators, or either of them, for or in respect of any award they should make in the said premises; and that that order should be made a rule of his Majesty's Court of C. B. if the Justices of that Court should so please, as in and by the said order, relation being there. to had, more fully appears: and the said J. M. and J. P. assignees as aforesaid, in fact say, that the said J. M. and J. P. assignees as aforesaid, for themselves, and the said M. W. for himself, did on, &c. submit to such award, and the said H. J. D. and D. V. two of

the arbitrators aforesaid, having taken upon themselves the business and charge of the said award, and having heard at large the allegations and proofs of the said parties, and having examined the witnesses produced before them on oath, and duly and deliberately weighed and considered the whole, did on, &c. being within the time limited as aforesaid for the making of their award of and concerning the premises, at, &c. make and publish their award in writing of and concerning the premises, under their hands and seals, and ready to be delivered to the said parties, or to such of them as should desire the same, on, &c. (the said J. R. after having entered on the business of the said award with them the said H, J. D. and D. V. refusing to join with them in the said award.) And by the said award, they the said arbitrators did award, &c. that the said M. W. his executors or administrators, should, on, &c. between the hours, &c. at, &c. well and truly pay, or cause to be paid to the said J. M. and J. P. their executors and administrators, the full sum of 150k. of lawful, &c. in full satisfaction and discharge of the debts, &c. which they the said J. M. and J. P. or either of them had or could have or make upon or against the said M. W. for or in respect of any matter, cause, or thing whatsoever, to the said, &c. [and should within the time and at the place aforesaid, at his and their own proper costs and charges, deliver or cause to be delivered to the said J. M. and J. P. or their attorney, executors, or administrators, a general release, &c. (setting forth the description of the release in terms of the award): And the said two arbitrators did also by their award further award, &c. that upon and immediately after such payment of the aforesaid

sum of 150/. and delivery of such release duly executed to the said J. M. and J. P. as aforesaid, they the said J. M. and J. P. should, at their own proper costs and charges, deliver, or cause to be delivered unto him the said M. W. or his attorney, executors, or administrators, a general release, &c. (to be stated in the terms of the award)]: And the said arbitrators did by their said award further award, &c. that the aforesaid bill in equity depending between the said parties, and mentioned in the said recited order to be dismissed upon making their award, should be dismissed without costs, as by the said award, relation being thereto had, will more fully appear; and the said J. M. and J. P. futher say, that [there was not any other matter or thing whatsoever except between the said J. M. and J. P. as assignees as aforesaid, and the said M. W. depending between the said parties, or any of them, at the time of the said submission, or at the time of the making of the said award, or on the said, &c. and that] the said M. W. did not on, &c. in the said award mentioned, between the hours, &c. at, &c. or at any other time or place hitherto, pay or cause to be paid to them the said J. M. and J. P, or to either of them, the said sum of 150/. in the said award mentioned, or any part thereof; but therein wholly failed and made default, by means whereof an action has accrued, &c. Yet the said M. W. although often requested, has not yet rendered the aforesaid sum of 150l. above demanded, or any part thereof, to the said J. M. and J. P. assignees as aforesaid, or to either of them, but he to render the same, &c. to the damage, &c.1

For more examples of Debt Pleader, vol. 5, p. 336–356. on the Award, vid. Wentworth's