bacon vers DuBAP P Y plead post vol salk that Edward submission to a award on  behalf of a three person bind the person who submit S c salk Skinn Carth comb  Mod holt vin pl send for roll Abr Danv vin pl term Rep Adm Com vide will but  not the three person S C salk on the arbitrament ind something must be award  for the benefit of such three person S C salk Skinn Carth comb Mod holt where  above vin pl Bac semb send for will quod vide a award that one party shall pay  the other a sum of money be have for want of mutuality unless it appear on  what account the money be pay or something be award e turning S C Skinn Carth  Com Mod where above r sand vide roll Abr Danv vin sty roll Rep see also Com Bl  burr unless a award appear on the face of it to have be make on the matter  submit a averment that it be so will not make it good S C salk Skinn comb and  Mod where above semb send for roll Rep vide post in debt upon bind for the  defendant pray oyer of the condition which Lord Raymond er p be that whereas  there be diverse controversy between the plaintiff and defendant as attorney  to Derutter that the defendant shall perform the award of I S their arbitrator  concern the say difference the defendant plead no award make c the plaintiff  reply and show the award by which it be award that the defendant shall pay to  the plaintiff and that the plaintiff and defendant shall give mutual release  videlicet Bacon shall sign a release to the use of Dubarry and Dubarry sign a  release to Bacon and then the plaintiff assign a breach in the performance of  this award by the defendant the defendant demurrer it be resolve by the whole  court after several argument Hilary term last pass that Dubarry be bind by  this submission though it be not on behalf of himself but as attorney to  another that Derutter himself vas not bind because he be a stranger to the  submission but Dubarry who submit be bind because be take it upon himself and  have bind himself by the bind to the performance of it it be resolve that this  award be of one side only and consequent ill for the defendant submission be  on behalf of Derutter and nothing be award to Derutter for he have no  advantage by this award because the release be award to be make to Dubarry to  the use of Dubarry so that Derutter have no benefit by it but per curian it  have be otherwise if the award have be that the plaintiff shall release to  Derutter or to the defendant for the use of Derutter or to a the defendant  Dubarry general without say to the use of Dubarry for then it may have be  intend to the use of Derutter because the submission be in behalf of Derutter  or as shower argue because it have be a good discharge in equity it be resolve  that this award can not be good without the release in respect of the money  which the arbitrator have award to be pay by Dubarry to the plaintiff because  it do not appear for what cause the defendant ought to pay that money the  arbitrator do not say that have find due from Derutter to the plaintiff his  award be that Dubarry shall pay the it be not Lord Raymond say that he award  the payment of this in satisfaction of all account or for all the money due  from Derutter or that de et super to send forward he award it if any such  thing have be this award have be good without the release because a the  payment of the money have be a good discharge of itself but as it be the award  be void because it can be a discharge for the uncertainty it be resolve that  though this award in plead be allege to be make de et super to send forward  that be of no avail because the award itself do not justify any such averment  not be make de to send forward as it be plead and that which in itself be a  void award can be make good by the allegation of the party judgement be give  for the defendant Mr Salkeld a vide will a vide Com Bl