thing, and the award made of something incident to, or necessarily depending upon it; or if the submission is of all actions real and personal, and the award only of matters personal, &c. it will be good in these cases, if nothing else is notified to the arbi trators. 98. An award made only on one side, without any thing on the other, is void in law; as, 8 Rep. 72, that one shall pay or give bond for money to the other party, and he do nothing for it; but if it be to give bond to pay, or to pay a debt, and that the other shall be discharged of the debt, &c. this is good; so where it is that one party shall pay money to the other, and then the other shall release all actions to him. March 18. If divers trespasses be referred to arbitrament, and the award is, that one of the 5 Rep. parties shall make the other parties amends, or give release, and say not what amends, or what release, &c. it is void for uncertainty. See also Gray. Award was, that each party should give to the other a general release of all demands, 1 Cro. 688. provided, that if either of them dislike the award, within twenty days after made, and Lev. 418. within that time pay 10s. the arbitrament to be void; it was held, that the first part of Addison v. the award was good, and the proviso repugnant and void. Arbitrators are to make their award secundum allegata et probata (according to what & 2 Saund. is alledged and proved) but they may not enjoin any oath to the witnesses; the award ought to be published; and no one is bound to perform, till he can know what the Brownl. award is. 2 Wils.293. 293. n. 1. 4 Rep. 82. 311. A submission to award may be revoked and countermanded before the award made, 8 Rep. 78. where there is no specialty to abide the award of J. S. &c. 81. A submission was to an award by bond, and at the end of the condition of the bond Salk, 72. was this clause, and if the obligor shall consent that this submission shall be made a rule pl. 8. of court, that then, &c. Upon motion to make this submission a rule of court, it was opposed, because these words do not imply his consent; but if he would forfeit his bond, he need not let it be made a rule of court; yet because this clause could be inserted for no other purpose, the court took the conditional words to be a sufficient indication of consent and made the award a rule of court. pl. 10. A matter was referred, by consent of Nisi Prius, to the three foremen of the jury; Salk. 73, and before the award was made, one of the parties served the arbitrators with subpoena Farresley, out of Chancery, which hindered their proceedings to make the award. And the court 8. held this a breach of the rule, and granted an attachment Nisi Causa. Upon a submission to the award of the three foremen of the jury, who made their Salk. 73, award, the defendant moved to set it aside; because they went on without giving him pl. 11. time to be heard, or to produce a witness; and Holt, Chief Justice, said, the arbitrators being judges of the party's own choosing, the party shall not come and say, they have not done him justice; and put the court to examine it; aliter, where they exceed their authority; however the award was examined and confirmed, and the plaintiff moved for an attachment for not performing it; and the court held, that the non-performance, while the matter was sub judice, was no contempt; then the plaintiff moved for his costs, and that was denied; upon which Powell, Justice, said, that seeing they could not give the party any costs, he should never be for examining into awards again. H. bound himself in a bond, to stand to the award of I. S. which submission was Salk. 73, made a rule of court. The party, for whose benefit the award was made, moved the pl. 12. court for an attachment for non-performance, which was granted; pending that, he brought an action of debt upon the bond; upon this Serjeant Darnell moved, that he might not proceed both ways, and likened it to the cases, where the court stays actions on attornies' bills, while the matter is under reference before the master: sed per curiam, the motion was denied, and this difference taken; where the court relieves the party by Salk. 87, pl. 1. 1 Cro. 211, ༔་ way of amends in a summary way, as in the case cited, there it is reasonable; otherwise here, where the plaintiff has no satisfaction upon the attachment; and the defendant was put to answer interrogatories. Attachment lies not, for not performing an award made upon a rule of court without a personal demand. Holt, Chief Justice, remembered the first attachment of this kind was in Sir John Humble's case in Keyling's time, in which, and ever since, a personal demand has been thought necessary. In such cases of award, though they be not legally good, an attachment lies for non-performance; aliter, if possible; but the party is excused as to that part which is impossible only. Debt on obligation to perform an award, which was, that the defendant should enjoy a house, of which the plaintiff was lessee for years, during the term, paying to the plaintiff 20s. yearly; and for non-payment of this, the action was brought; and it was held to lie. The Form of an Award made by two Arbitrators on a Submission. To all people to whom this present writing indented of award shall come. We E. F. of, &c. and G. H. of, &c. send greeting. Whereas there are several accounts depending, and divers controversies and disputes have lately arisen between A. B. of, &c. of the one part, and C. D. of, &c. of the other part, touching and concerning, &c. And whereas for putting an end to the said differences and disputes, they the said A. B. and C. D. by their several bonds or obligations, bearing date, &c. are reciprocally bound each to the other, in the penal sum of, &c. to stand to, abide by, perform, and keep the award, order, and final determination of us, the said E. F. and G. H. arbitrators, indifferently chosen, between the said parties, to arbitrate, &c. [as in the bond] so as the said award be made in writing, under our hands aud seals, and ready to be delivered to the parties in difference, on or before, &c. next, as by the said in part recited bonds, or obligations, with the conditions thereunder written, may appear. Now, know ye, that we the said arbitrators, whose names are hereunto subscribed, and seals affixed, taking upon us the burden of the said award, and having fully examined, and duly considered the proofs and allegations of both the said parties, do, for the settling amity and friendship between them, make and publish this our award, by and between the said parties, in manner following; that is to say, first, We do award and order, that all actions, suits, quarrels, and controversies whatsoever had, moved, arisen, or depending between the said parties, in law or equity, for any manner or cause whatsoever, touching the said premises, to the day of the date hereof, shall cease and be no farther prosecuted; and that each of the said parties shall bear and pay his own costs and charges, in any wise relating to, or concerning the said premises; and we do also award and order, that the said A. B. shall pay, or cause to be paid to the said C. D. the sum of, &c. within the space of, &c. And further, we do hereby award and order, that the said C. D. shall, on or before, &c. pay or cause to be paid to the said A. B. the sum of, &c. or give sufficient security for the same to the said A. B. And lastly, we do award and order, that the said A. B. and C. D. on the receipt of the several sums of, &c. shall in due form of law, execute each to the other of them, or to the other's use, general releases, sufficient in law, for the releasing, by each to the other of them, his heirs, executors, and administrators, of all actions, suits, arrests, quarrels, controversies, and demands whatsoever, touching or concerning the premises aforesaid, or any matter or thing thereunto relating, from the beginning of the world to the day of the date, &c. [here mention the date of the arbitration bonds] last past. In witness whereof we have hereunto set our hands and seals, the, &c. in the year, &c. An Umpirage, for Want of a Determination by Arbitrators chosen. To all, &c. I, I. K. of, &c. send greeting. Whereas there are several accounts depending, &c. [here go on as in the former award, until you come to] to stand to, &c. the award, order, and final determination of E. F. of, &c. and G. H. of, &c. arbitrators indifferently chosen, between the said parties, to arbitrate, &c. [as in condition of the bonds] so as the said award was made in writing under the hands and seals of the said arbitrators, and ready to be delivered to the parties in difference, on or before, &c. last past; and if the said arbitrators did not draw up the said award in writing, and deliver the same as aforesaid, on or before the said, &c. then the said parties were to stand to, abide, observe, perform, and keep the award, umpirage, final end and judgment of me, the said I. K. umpire indifferently chosen, between the said parties, for the composing and ending of differences aforesaid; so as my said award, umpirage, and determination be made in writing, under my hand and seal, and ready to be delivered to the said parties, on or before, &c. as by the said in part recited bonds or obligations, with the conditions thereunder written may appear. And whereas the said E. F. and G. H. did not make up their said award between the said parties, within the time limited by the said in part recited bonds or obligations, as aforesaid; whereby, and on which account, the compassing, ending, and determining of the said differences and matters in dispute now depends wholly upon me: now, know ye, that I, the said I. K. having taken upon me, the business and charge of the said award and umpirage, and being willing to set the said parties at peace and concord, by making a final end of the controversies between them; and having deliberately, and at large, heard, examined, and duly considered the grievances, allegations, titles, vouchers, and evidences of both the said parties, in relation to the said premises in dispute, do make, publish, and declare, and deliver this my award or umpirage, in the manner following, that is to say, first, I arbitrate, award, judge, order, and determine, that, &c. [here insert the several particulars of the award] In witness, &c. An Award or Umpirage by a single Person, elected to arbitrate. To all, &c. I, E. F. of, &c. send greeting. Whereas, &c. [Here go on as in the award made by two arbitrators, until you come to, stand to, &c.] the award, order, and final determination of me the said E. F. indifferently elected and chosen between the said parties, to arbitrate, &c. [as in the conditions of the bond] so as my said award or umpirage be made in writing under my hand and seal, and ready to be delivered to the said parties, on or before, &c. as in and by the said in part recited bonds, or obli-' gations, and the conditions thereof, may appear. Now, know ye, that I, the said E. F. [here go on as in the last precedent.] In witness, &c. The Form of a Submission to an Arbitration, in order to make it a Rule of Court. Be it remembered, that A. B. of, &c. and C. D. of, &c. being desirous finally to end and determine divers controversies, suits, and quarrels that have lately arisen between them, did on, &c. agree to submit and refer all the said controversies, suits, and quarrels, to the award and determination of E. F. of, &c. and G. H. of, &c. arbitrators, for that end indifferently chosen, by the said parties; which said award is to be made in writing, under the hands and seals of the said arbitrators, and ready to be delivered to the said parties, on or before, &c. And the said parties did mutually promise and oblige themselves, that they would obey, perform, and execute such award, as the said 3 T VOL. I. arbitrators should make in the premises. Now the said parties do further agree, that the said submission shall be made a rule in his Majesty's court of, &c. at Westminster, and that they will be finally concluded by the arbitration that shall be made in the premises by the said arbitrators, pursuant to such submission. Witness, &c. I shall add to the preceding specimens, the Form of a general Release as Part of an Award; and with it close this chapter. Know all men by these presents, that I, A. B. have remised, released, and for ever quit-claimed, and by these presents, do, for me, my heirs, executors, and administrators, remise, release, and for ever quit-claim, unto C. D. his heirs, executors, and administrators, all, and all manner of actions, cause and causes of actions, bills, bonds, writings, obligations, debts, dues, duties, accounts, sum and sums of money, judg ments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, both in law or equity, or otherwise howsoever, which against the said C. D. I ever had, now have, and which I, my heirs, executors, and administrators, shall or may have, claim, challenge, or demand, for or by reason, or means of any matter, cause, or thing, from the beginning of the world to the day of the date of these presents. In witness whereof, I have hereunto put my hand and seal, the day of, &c. Sealed and delivered in the presence of A. B. c. 2. OF ALIENS, NATURALIZATION, AND DENIZATION. 25 Edw. 3. An alien is one born in a strange country, out of the allegiance of the King, being quite contrary to a denizen or natural subject; though a man born out of the land, provided the place of his nativity be in any of his Majesty's dominions beyond sea, or born of English parents, out of the obedience of the King, if the parents at the time of his birth were of such obedience, is no alien. 7 Rep. 11 and 12 Will. 3. c. 6. Cro. Car. And if one born out of the King's obedience, come and reside in England, his children, begotten and born here, are not aliens, but denizens. All persons being the King's natural-born subjects, may inherit, as heirs, though their ancestors were aliens. If an ambassador, or any other British minister, or person invested with any public character, under a commission from the King of Great Britain, or of a commercial company, enjoying rights and privileges under an act of Parliament, or by letters patent from the crown, have any children in a foreign country, by a wife, who is an English woman, they are by the common law natural-born subjects, and not aliens. And if an English merchant, residing beyond sea, marries a woman of the country, by 605, March whom he has a child, and then dies, this child is born a denizen, and shall be heir to him, notwithstanding the wife be an alien. 91. Danv. 7 Rep. 18. Those which are born in the English plantations, are subjects born, as are those likewise born on the King of England's seas. There are two incidents that are regularly necessary to make one a subject born: First, that his parents, at the time of his birth, be under the actual obedience of the It is the place of birth that makes the disability of an alien to have lands, &c. The Oro, Jac. blood is not the disability, but the place where born. An alien can hold no land by descent or purchase, or be tenant by the courtesy, or in dower. 539. An alien can have no real or personal action for or concerning lands, tenements, or hereditaments, to him and his heirs; albeit he can have no heir, yet he is of capacity to 1 Inst. 2. take a fee simple, but not to hold; for the King, upon office found, shall have it by his prerogative. A devise of lands to an alien is void. 4 Leon. 82. And if a man be bound to an alien enemy in an obligation, the bond is void to him, ! Lev. 59. but the King will have it. Dany. Aliens may obtain goods, and personal estate, by trade, &c. and may maintain actions 1 Bulst. for the same; they may also have action of assault and battery, and for support of their 134. credit. But they cannot bring any real action, though he may a personal, unless it be for a 7 Rep. house, for a necessary habitation, being for the benefit of trade. An alien enemy cannot maintain any action whatsoever, nor get any thing lawfully Terms de within this realm. Ley, 36. Aliens, living under the protection of the King, may have the benefit of a general Hob. 371. pardon. No alien shall be returned on any jury, nor be sworn for trial of issues between sub- 2 Instit. 17. ject and subject, &c. but where an alien is party in a cause depending, the inquest of jurors are to be half denizens, and half aliens; but in cases of high treason this is not allowed. An alien shall not have any vote in the choice of knights of the shire, or burgesses to Hob. 270. Parliament. And all aliens are incapable of being members of Parliament, enjoying public of- 12 Will. 3. fices, &c. c. 2. If an action is brought against an alien, and there is a verdict and judgment against 1 Brownl. him, yet he may bring a writ of error, and be plaintiff there, and that such plea is not 42. good in that case. fol. 29. Though an alien may purchase and take that which he cannot keep or retain, yet the Gold-bor. law hath provided a mean of inquiry before he can be divested of the same; for until Mich. 30 some office be found, the freehold is in him. Eliz. Coke 5 part 52. And this office, which is to gain the King a fee, or freehold, must be under the Great Page's Seal of England; for a commission under the Exchequer Seal is not sufficient to entitle case, fol. the King to the lands of an alien born, for the commission is what gives the King a Moore, 4. title, for before that he hath none. An alien cannot purchase lands for his own benefit, but he may for that of the crown; therefore if land be devised to an alien, the crown shall have it; yet if an alien, tenant in tail, suffers a common recovery before office found, the recovery is good. If an alien and a subject born, purchase land to them and their heirs, they are joint tenants, and shall join in assize, and the survivor shall hold place, till office found. Walton v. Luca's Rep. 92, 94, 120, 122, 124, 3 Cro. 123. Plowd, By the finding of this office, the party is out of possession, if the same be of house or Com. 477. lands, or such things as do lie in livery; but of rents, common, advowsons, and other inheritances incorporeal, which lie in grant, the alien is not out of possession, be they appendant or in gross; therefore if an information or an action be brought for the same, the party may reverse the office in that court where the action or information is brought for the King. |