day of

examined, or the said reference was proceeded upon, but he was desired to depart from the room where the arbitrators were as soon as such questions had been asked him, nor was he upon that occasion asked the proper questions, or fully or properly examined on your orator's behalf, there being no person there present on your orator's part to examine the said T. M. or put such questions to him as ought to have been put, and as would have disclosed she several material facts within his knowledge touching the matters of the said reference: And your orator further charges, that if the said arbitrators did on the hear any witnesses or evidence on the part of the said J. H. such evidence or the testimony of such witnesses did not warrant them in making their aforesaid award; and that the said arbitrators, in making their said award, were influenced by partiality for the said J. H. or by some undue or improper motives, and were in collusion' with him, or he obtained such award by some corrupt, undue, unfair, or improper means; and at other times the said J. H. pretends that when your orator commenced the said last mentioned action, he had not any good or just demand upon him the said J. H. in respect to the said promissory note, or on account of the said partnership debt, for that as he the said J. H. pretends your orator took the said promissory note merely as a collateral security for the dividend which your orator was to receive out of the said S. T.'s estate and effects, or that when he the said J. H. satisfied your orator his the said J. H.'s moiety of the said partnership debt, your orator agreed to relinquish any claim upon him the said J. H. in respect of the said promissory note; and that when your orator commenced the said last

mentioned action, he had not any good or just demand upon him the said J. H. on account of the costs of the said first mentioned actions: WHEREAS your orator charges that the said promissory note was actually given by the said J. H. as a security for so much of the said S. T.'s moiety of the said partnership debt of 160/. 13s. 6d. as the dividend out of his the said S. T.'s estate and effects would not extend to pay; and your orator expressly charges that neither at the time when the said J. H. satisfied his moiety of the said partnership debt, nor at any other time, did your orator in any manner agree to abandon, give up, or relinquish the said promissory note, or his claim and demand upon the said J. H. for so much of the said S. T.'s moiety of the said partnership debt as his said dividend would not extend to pay; and your orator further charges that the said J. H. was not only bound and liable to pay to your orator so much of the costs of the said first mentioned actions as should not be satisfied by or recovered from the said S. T. but that he the said J. H. did actually promise and agree to pay to your orator the sum of 31. 3s. on account of such costs; and your orator also charges that the said J. H. never did in any manner dispute with your orator his the said J. H.'s liability to pay and satisfy your orator such sum of 31. 3s. on account of the aforesaid costs, but on the contrary, the said J. H. at the time he proposed the said reference to your orator, did admit and acknowledge before the said Mr. B. and several other persons, that your orator had a just demand upon him the said J. H. for such sum of 31. 3s. on account of the said costs, and said his attorney had had directions from him to pay the same, and admitted himself then liable to the payment

thereof; and your orator charges that the said J. H. could not and did not dispute his engagements and liability to pay the said sum of 31. 3s. and the said arbitrators therefore ought at least to have awarded the payment of such sum of 31. 3s. to your orator, together with your orator's costs in respect of the said last mentioned action, and in respect of the said reference, as your orator upon establishing his demand for such sum of 31. 3s. upon the trial of the said last mentioned action, would have been intitled to his costs, though he should have failed in establishing his said other demand, but nevertheless the said J. H. insists upon your orator performing the said award, and threatens and intends to proceed in some manner against your orator at law, to enforce a performance of such award; ALL which Actings, &c.

PRAYER OF THE BILL.

AND that the said J. H. may be compelled to make a full and complete answer to the several matters aforesaid, and that the said award may be decreed to be set aside and cancelled, and the said J. H. be decreed to pay to your orator the said sums of 44/. 3s. 9d. and 31. 3s. in respect whereof your orator commenced the said last-mentioned action, together with your orator's costs attending such action and the said reference; and that the said J. H. may in the mean time be restrained by the order and injunction of this honourable court

from proceeding in any manner at law against your orator upon the said bond so executed by your orator as aforesaid, and upon the said award, or otherwise touching the said bond or award; and that your oratór may have such further and other relief in the premises as the nature of the case may require and to your Honours shall seem meet. May it please your Honours, &c. P. J.

The PLEA of J. H. Defendant, to part, and his ANSWER to the residue, of the BILL of COMPLAINT of W. E. Complainant.

THIS defendant, by protestation not confessing or acknowledging all or any of the matters or things in the complainant's said bill alleged and set forth to be true, in such manner and form as the same are therein so set forth, to all the relief prayed by the said bill, and to so much of the said bill as seeks a discovery of the several matters and things which were the subject of the reference to the arbitration of T. C. of, &c. in the county of, &c. gentleman, E. M. of the same place, gentleman, and J. S. of, &c. in the said county, gentleman, or of any two of them, in the said bill of complaint, and hereinafter mentioned, this defendant

doth plead in bar, and for plea saith, that the said complainant did, on the day of duly enter into and execute a certain bond or writing obligatory,

bearing date the said

penal sum of 1001. payable by him the said complainant, his executors, or administrators, to this defendant, his executors, or administrators, on the day of and with a condition thereunder written in the words following; that is to say, The condition of this obligation is such, that if the above bounden W. E. his heirs, executors, or administrators, or any of them, on his and their parts and behalfs, shall and do in all things well and truly stand to, obey, and abide by, perform, fulfil, and keep the award, order, arbitrament, end, and final determination of T. C. of, &c. in the county of, &c. gentleman, E. M. of the same place, gentleman, and J. S. of, &c. in the said county, gentleman, or of any two of them, arbitrators indifferently elected and named, as well on the part and behalf of the above bounden W. E. as of the above named J. H. to arbitrate, award, order, judge, and determine of and concerning all and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, judgments, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time heretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending by and between the said parties or either of them, so as the said award be made in writing and ready to be delivered to the parties in difference, or such of them as shall desire the same, on or before the

day of next, then this obligation to be void,.or else to remain in full force, as by the said bond or writing obligatory, now in the custody of this defendant, reference, being thereunto had, may more fully appear; and this defendant for plea further saith, that this defendant did, on or about the said day of duly enter