ABRATHUT v brandon award Mod debt upon a bind condition to perform a award  plea nul agard plaintiff reply the award which be that the defendant shall pay  the plaintiff on the first of April and S apiece to the arbitrator on the  first of may and that upon payment of the say money mutual general release  shall be give to the time of the award that the arbitrator can not award money  to be pay to themselves and it be only upon condition that the release be to  be give which be the only thing award to the plaintiff that the release be to  be of matter to the time of the award which exceed their authority that be  gilbert case only to determine matter to the time of the submission and for  these reason the award be insist to be void but it be answer by Parker chief  justice that the award be good for part and void as to the other part that as  to the payment of the money on the first of April it be good and the plaintiff  breach well assign for that but as to the payment of the S to the arbitrator  it be void and therefore that be no part of the condition upon which the  release be to be give and then as to the release the award of they be void so  far as it exceed the submission and a release of all matter to the time of the  submission will be a good performance of it mich W freeman v Barnard hold per  holt chief justice that a release of all action to the time of the submission  will be a good performance of a award to release all action to the time of the  award and that two answer have be give to that objection the old one be when  they hold a award to be entire that nothing shall be take to have arise since  the submission unless special show and since the law have be hold that a award  may be good for part and void for part the other answer have be as above but  Parker chief justice observe that this difference must be always take that  where the justice of award will not be affect by it the void part shall be  reject but where the whole will be make unjust by reject the void part the  whole must be avoid by it gilbert case Eyre and l powys justice accord and  judgment to be pro quer nisi