case ROWSBY against man Michaelmas term James roll in debt on a arbitration  bind condition so as the award be make on such a day and ready to be deliver  to the party or to such of they as desire it a replication to no award make  show a award make before the day be good on demurrer for as it be make it  shall be intend ready for delivery and therefore not necessary to be aver S c  Carth S c show roll Abr cro James roll Rep side salk lev barn barn Mod Mod  comens vern ld ray ld ray Com dig Bac Abr kid on award   more debt on a bind  for performance of a award so as it be make by such a day and ready to be  deliver to the party or to such of they as desire it the defendant plead no  one to make arbitration c the plaintiff reply that after the submission and  before the day appoint in the condition the arbitrator do make their award by  which they order the defendant to pay so much money to the plaintiff and so  assign the breach for nonpayment c and a demurrer to this replication Tremaine  sergeant say it be a conditional submission videlicet to perform a award so as  it be make by such a day and ready to be deliver to the modern party and  modern er p the plaintiff have not show that it be ready to be deliver to the  defendant which he ought to have aver if the condition be to perform a award  between the party ita quod arbitration pillage fiat et to weigh well utrique a  part pillage before such a day it must be deliver to all the party and not to  one for each of they be in the danger and penalty of the bind Thompson  sergeant e contra agree it to be a conditional submission but not such as go  to the substance of the award itself for the conditional word be not to the  award but to the form of the deliver of it and therefore it shall come on the  defendant side to show that it be not ready to be deliver curian if a award be  actual make it be then ready to be deliver but in this ease it must be ready  to be deliver to the party or to such of they who desire it so it must be  desire and if then deny the party may plead the matter special the submission  be so that the award be make ad well before December ready to be deliver at a  certain shop in London the plaintiff show a award make at York ready to be  deliver at the shop in London this be adjudge to be a void publication and  delivery because a place be appoint where it shall be deliver and publish  videlicet at the shop in London where the party be to expect it and not  elsewhere Bushfield v Bushfield cro James adjudge by dodderidge and Houghton  justice against Montague chief justice but the case be move the ensue term  when the court be full and chamberlain justice be of opinion with the chief  justice no judgement be give SC roll Rep but see kid on award a so it will  have be if a day have be appoint on which it ought to be deliver and the day  have be mistake Robert v Marriott sand Mod b but here be neither day or place  appoint for the delivery so that the defendant ought to have desire the award  and if it have not be ready to be deliver he ought to have plead the matter  special it be say that judgement be give for the plaintiff S c show for the  reason give in the case of Bradsey v Clyston cro car because as it appear the  award be in write it shall be intend ready to be deliver SC Carth and see mark  v Marriot ld ray ld ray accord c hilary term the second of William and mary in  the king and queen bench sir John holt Knt chief justice sir William dolben  Knt sir William Gregory Knt sir Giles eyres Knt justice sir George Treby Knt  attorneygeneral sir John summer Knt solicitor general