Examples there of.
1 AN Award that the parties shall obey the Arbitrament of A. M. is void, for power may not be assigned.
A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
About this Item
- Title
- A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N.
- Author
- Noy, William, 1577-1634.
- Publication
- London :: Printed by T.N. for W. Lee, D. Pakeman, R. Best and G. Bedell ...,
- 1651.
- Rights/Permissions
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To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.
- Subject terms
- Law -- Great Britain.
- Real property -- Great Britain.
- Conveyancing -- Great Britain.
- Link to this Item
-
http://name.umdl.umich.edu/A52567.0001.001
- Cite this Item
-
"A treatise of the principal grounds and maximes of the lawes of this nation very usefull and commodious for all students and such others as desire the knowledge and understandings of the laws / written by that most excellent and learned expositor of the law, W.N." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A52567.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.
Pages
Page 110
2 An Award that any of the parties shall be bound, or do any other Act by the advice of the Arbitrator, is not good except it be in the submission so, but that the parties shall be bound, or make assurance by the advise of Counsel, is good.
2 An Award, that the parties shall be non∣suited, is not good, because it is no final end, for the party may begin again: that the par∣ty do withdraw his sute, is good.
If the submission be of divers things, and the Award onely of some of them, yet is the Award good for that part, as if the Submissi∣on be of all Actions real and personal onely, or if it be onely, de possessione.
3 If to submit themselves to the Arbitra∣ment of all trespasses, and it is awarded that the one shall make amends to the other, and nothing is awarded for the others benefit; this Award is void.
So it were if one of them should go quite against the other, if the Submission were not by bond, for an Award must be final, obliga∣tory, and satisfactory to both parties.
An Award, that either party shall release to the other all actions, and that because the one hath trespassed more then the other, he shall pay to the other first, is good.
In debt or trespass of goods taken, that
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the Defendant shall retain part, and the Plain∣tiffe to have the rest, is not good.
4 An Award, that one of the parties shall do an act to any Stranger, the act is void, if the parties be not bound.
Or if it be that he shall cause a Stranger to enfeoffe, or be bound to the other partie, be∣cause he hath no means to compel the stran∣ger.
5 An Award is void, if it be neither exe∣cuted, nor any means by law for the executi∣on thereof, as if it should be awarded that one should pay the other 10 pounds, this is good, for he may recover the same by an action of debt. But if it were awarded, the one should deliver to the other an acre of Land, or do such like act Executory, it were void, if it be not delivered straight-way, or provision made by bond, or otherwise to compel the payment thereof, according to the Award, if the submission be not by specialty.
6 Indentures of Arbitrament must be made of so many parts, that every person may have a part.