reference to part of the things submitted, it must be final as to that part, or it will be void. Burns' Justice, 142. submission. First. An award should be according to the submission, for if an According to award be made of any other thing than what is contained in the submission, it is void. Secondly. An award should be equal; this should be understood Equal. thus; that all controversies being between two parties, that which is awarded to be done to one must be an advantage to both, so as to end the controversy, and discharge one as well as give satisfaction to the other; for if it does not, it is manifestly unjust, and therefore whenever it appears to the Court that notwithstanding the award, the thing remains a duly as before, and is not discharged, that apparently is an award on one side, and consequently void. Not that where one party is by the award to have something paid him and not the other; that that award should be naught, for perhaps nothing may be due to him. Burns' Justice, 145. possible. Thirdly. The performance of the award should be legal and pos- Legal and sible. If the arbitrators award any thing impossible, it is void,-as, that one of the parties shall do a thing which is out of his power. If the thing become impossible by the act of God, the party is excused. Fourthly. There must be a means by law to attain the thing Means by awarded. If it be awarded that a person shall procure a stranger to do a thing, and he has no means by law to compel the stranger to do it, the award is void, but if he has means to compel the stranger, the award is good. So an award that he shall be bound with sureties, is void as to the sureties. law. definite. Fifthly. An award ought to be certain and final, for if it does not certain and determine the matter, it becomes a new controversy. Burns' J., 147. An award may be by a majority of the arbitrators, and it is not by majority. necessary that all should concur. Black ads. Pearson, 1st M., 137. An award will not be set aside, except for corruption or partiality Corruption. in the arbitrators, or for some manifest error committed by them. Askew vs. Kennedy, 1 Bail., 46. Awards are not to be set aside, unless for corruption or misbehavior in the arbitrators; except in cases of gross errors or mistakes, the Court will always construe them liberally, and not scan them too Gross errors. It is a general rule in equity, that when it appears that any one of the arbitrators was any way interested in the matters in controversy, the award is to be set aside. Compl. Arb. 75. Present by one party. And it is the strongest argument of partiality, to show that the arbitrators received, from either of the parties, any considerable sum of money, or any other present, which may be a temptation to act corruptly; but the sum or present must be proved to be so exorbitant, as to induce the Court to believe that it biassed their judgments, otherwise it will be of no effect. Compl. Arb., 76. In the case of Shepherd and Brand, T. 7, G. 2, on a rule to show cause why an award should not be set aside, one exception was, that before making the award, the arbitrators insisted upon three guineas apiece, to be paid to them by each of the parties, for their trouble and expenses; that the defendant refused doing it on his part, upon which the plaintiff paid the whole money by the Court; where arbitrators, let their characters be otherwise never so unexceptionable, take money of one of the parties singly, whether for charges or any thing else, before making their award, as this is a matter of so tender a nature, that even the appearance of evil is to be avoided, and this practice may be of dangerous example, it is sufficient cause to set aside the award; for if this should be suffered, it will be hard to distinguish what is corruption. 2 Barnardist, 463. Cases in the time of Lord Hardwicke, 54. 8th. Forms. In pursuance of the within Rule of Court to us directed, we W. C. and J. C., in obedience thereto, having examined all matters in difference between the said parties, antecedent to the death of the said H. C., do award that the sum of thirty pounds, fifteen shillings and five-pence, sterling money, is due to the said G. D., from the estate of the said H. C. deceased. Witness our hands and seals, the day of Witness, I. H. G D vs. Ex'ors. H- C-, dec. On motion of Mr. W CASE. IN THE COMMON PLEAS. , attorney for the plaintiff, and by consent of Mr. C , attorney for the defendants, Ordered, That all matters in difference between the parties, on which this action is founded, together with costs of suit, be submitted to the determination, final ending, and award of Messrs. I. C. and W. C. That the said arbitrators, provided they agree, do make, and return their award, under their hands and seals, to the office of the clerk of this Court, on or before the first day of October term next; and in case they cannot agree, that then the said arbitrators shall have leave to choose an umpire, who shall make and return his umpirage as aforesaid, on or before the day of next ensuing. Arbitration Bond. Know all men by these presents, that I, A. B. of district of , yeoman, in day of , in the , in the , gentleman, am held and firmly bound to C. D. of in the district of pounds of good and lawful money of the State of South-Carolina, to be paid to the said C. D., or to his certain attorney, his executors, administrators, or assigns; to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal, and dated the year Condition to stand to the award of two arbitrators, in common form. The condition of the above obligation is such, that if the above bound A. B., his heirs, executors, and administrators, and each and every of them, for and on his and their parts and behalfs, do and shall well and truly stand to, obey, abide, perform, observe and keep the award, order, arbitrament, final end, and determination of A. A., of , Esquire, and B. A. of , gentleman, arbitrators indifferently named, elected and chosen, as well for and on the part and behalf of the above bound A. B., as of the above named C. D., to arbitrate, award, order, adjudge, and determine, of and concerning all and all manner of action and actions, cause and causes of action and actions, suits, bails, bonds, specialties, judgements, executions, accounts, debts, dues, sum and sums of money, quarrels, controversies, trespasses, damages and demands whatsoever, which at any time or times heretofore have been had, made, moved, brought, commenced, sued, prosecuted, committed, omitted, done or suffered by or between the said parties, so as the said award be made in writing, and ready to be delivered to the said parties, on or before the day of now next ensuing, [and if the said A. B., his heirs, executors or administrators, or any of them, shall not prefer, or cause to be preferred, any bill in Equity against the said A. A., B. A., or either of them, for or concerning their award in the premises,] then this obligation to be void, otherwise of force. If the parties have a mind to make their submission a Rule of Court, then this may be added : And the above bound A. B. doth agree and desire, that this, his submission, be made a Rule of the Court of Common Pleas at Charleston. Condition to stand to the award of three arbitrators, or any two of them, and an umpire appointed. day of The condition of this obligation is such, that if the above bound A. B., his heirs, executors and administrators, for and on his and their parts and behalfs, shall and do well and truly stand to, obey, abide, observe, perform, fulfil, and keep the award, order, arbitrament, final end, and determination of or any two of them, arbitrators indifferently elected, and named, as well by and on the part and behalf of the said A. B., as by and on the part and behalf of the above named C. D. to arbitrate, award, order, judge and determine, of and concerning all, and all manner of action and actions, cause and causes of action and actions, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reckonings, sums of money, judgements, executions, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time heretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending, by or between the said parties, so as the award of the said arbitrators, or any of them, be made and set down in writing, under their, or any two of their hands and seals, ready to be delivered to the said parties in difference, on or before the now next ensuing, then this obligation to be void, otherwise of force. And if the said arbitrators shall not make such their award, of and concerning the premises, within the time limited as aforesaid, then if the said A. B., his heirs, executors, and administrators, for and on his and their part and behalf, do and shall well and truly stand to, observe, perform, fulfil, and keep the award, determination, and umpirage [if the umpire be named] of , being a person indifferently named and chosen between the said parties for umpire; [if not named] of such person as the said arbitrators shall indifferently choose for umpire in and concerning the premises, so as the said umpire do make and set down his award and umpirage in writing, under his hand and seal, ready to be delivered to the said parties in difference, on or before the day of now next ensuing; and if the said A. B., his heirs, executors, or administrators, or any of them, shall not prefer or cause to be preferred, any bill in equity against them the said arbitrators and umpire, or any of them, for or concerning the award of them the said arbitrators or umpire, in the premises, then this obligation to be void, otherwise of force. And the above bound A. B. doth agree and desire, that this his submission be made a Rule of the Court of Common Pleas at Charleston. Form of an award in full. To all to whom these presents shall come: we, A. B., of of Whereas there are several accounts depending, and divers controversies have arisen between part, and , of , yeoinan, of the one , yeoman, of the other part; and whereas, for the putting an end to the said differences, they the said and last , by their several bonds or obligations, bearing date past, are reciprocally become bound each to the other in the penal sum of , to stand to, abide, perform, and keep the award, order, and final determination of us the said so as the said award be made in writing, and ready to be delivered to the parties in difference on or before next ensuing, as by the said obligations and conditions thereof may appear: Now know ye, that we the said arbitrators, whose names are hereunto subscribed, and seals affixed, having taken upon us the burden of the said award, and having fully exam ined and duly considered the proofs and allegations of both the said parties, do make and publish this our award, between the said parties, in manner following; that is to say, we do award and order, that all actions, suits, quarrels, and controversies whatsoever, had, moved, arisen, and depending between the said parties, in law or Equity, for any manner of cause whatsoever, touching the said premises, to the day of the date hereof, shall cease and be no further prosecuted; and that each of the said parties shall pay and bear his own costs and charges, in any wise relating to or concerning the premises. And we do also award and order, that the said shall deliver or cause to be delivered to the said within the space of , at &c. And further, we do hereby award and order, that the said lastly, we do award and order, that the said and , on payment shall in due form of law, execute each to of the said sum of the other of them, or to the other's use, general releases, sufficient in the law for the releasing of each to the other of them, his heirs, execu. tors, and administrators, of all actions, suits, arrests, quarrels, controversies, and demands whatsoever, touching or concerning the premises aforesaid, or any matter or thing thereto relating, from the beginning of the world until the last past (viz., the day of day of |