case oat against Bromell if a bind of arbitration be condition so as it be  make and ready to be deliver to the party on or before such a day the  arbitrator may make a parole award for such a award be capable of be deliver  and the word do not necessary import that it must be in write S c post S c  salk S c holt debt upon a bind for performance of ail award ita quod it be  make and ready to be deliver to the party or such of they as shall desire it  by such a day no award plead and a parole award set out and aver that it be  ready to be deliver to the say party and a demurrer for by Brotherick the word  ready to be deliver necessary import that the award be to have be in write and  he quote the case wood v ardist in the common plea in Trinity term in the  first year of the reign of queen whether in the very point and insist much  upon Hungates case   b where the condition of the performance be ita quod  abrutus tree fiat et to weigh well utriq a part there be two defendant and  hold that a delivery to one of they be insufficient yet if it can be a parole  award a publication of it to both will be sufficient Salkeld contra parole may  be deliver as well as write as in common parlance to deliver a message to  deliver himself well when a man express his think graceful delivery be to be  understand secundum to throw under means if it be of a write it must be a  manual if of a parole matter it must be a oral delivery and be rely on the  case of cock v Macclefield dyer pl SC   Ent a as full in the point and the  case of capel v Roger Bulst b and say that Bendloes report of cock v  Macclefield Bendloe c which seem to differ from dyer be a very obscure report  of the case holt chief justice there be two distinct thing to be do first the  make and modern er p second to be ready to be deliver if it have be so as the  say award be ready to be deliver it may be well if it be in write it will  suffice to say that it be make for what be make in write then be ready to be  deliver because then it be deliverable but the question be whether a parole  award be proper deliverable or whether we shall not understand the meaning of  the word ready to be deliver to be a delivery in write and he and the court  seem clear it shall be so understand but another day holt chief justice have  see the case above of cock v Macclefield in dyer and the record of it in coke  entry say they be very strong authority for the plaintiff and that the award  may have be make behind the party back and deliver videlicet pronounce over  modern again to their face and if so what may be deliver may be ready to be  deliver and that the case as it be report in Bendloe bad neither head nor tail  to it Powell justice if the word have be only so as it be make and deliver I  will take delivery to be only to give the party notice of the award but ready  to be deliver I think must be a delivery in write and if issue be take upon  the readiness of delivery how shall it be try holt chief justice if it be res  novan I shall be apt to think so too but when I find so clear a authority in  the case and some reason for it I can depart from it and so say gold justice  but they will be well inform of the case quote late in the common plea and no  rule be give this case be argue again S c post and the court on consideration  give judgement for the plaintiff S c salk d easter term the three year of  queen whether at the sit before sir John holt Knt chief justice of the court  of queen bench