case tempt Hardwicke not and long a award to pay cost to be settle by any  other than the proper officer be have stram S c action of debt upon a  arbitration bind defendant plead nul award plaintiff reply and set forth a  award which among other thing award that the defendant shall pay the plaintiff  such sum as James Willis and John Godfrey shall settle for cost have regard to  such cost as be usual tax by master in chancery and then mutual release award  and that the say I W and I g settle the sum of to be due for cost in which  they have regard c and so assign a breach in nonpayment of these cost to which  replication defendant have demurrer and it be argue last term by draper for  defendant and Hussey for the plaintiff and again this term by Parker for  defendant and Lacy for the plaintiff for the defendant it be argue that the  award be have because the arbitrator have delegate their authority and his  counsel cite the case of winter and garlic which be in I salk and Mod where a  award be to pay the cost of a suit then depend in a inferior court and per cur  to pay such cost as the master shall tax be good for id that which is fixed be  quod that which is fixed To give back to be able but they hold that award to  be have asbeing too uncertain for the plaintiff be cite cro car Beal and Beal  award to pay the charge in such a suit hold good I roll Abr pl to pay his part  of the charge of the voyage hold good Ventris to pay the cost expend daughter  of the Sun prosecutionem predict hold good and Lacy argue that this taxation  to be make by I W and I g be but a ministerial act and they may delegate their  authority in ministerial act though they can in judicial act for which  distinction be cite style cater and Startue and palmer grove all v car all cro  throw S c the judge speak to this last term videlicet Lord Hardwicke c j one  will go as far as possible to support award where there be no objection to  their be fair make but I doubt if this award be good it be true in the case of  winter and garlic it be hold that the arbitrator may award the party to pay  the cost to be tax by the master and even that be go beyond the general rule  but the reason of it seem to be that arbitrator be judge between the party and  as it be put in the place of the court by the party and as the court may give  judgement for cost so they have be allow to do also but they must case tempt  Hardwicke order they to be tax by the master as the court will do now this be  not so order but for aught appear the taxation be refer to person who be  ignorant of the matter and the case cite by Hussey be not contrary to this for  they be where cost be award general which I think be well enough for then they  will be refer to the proper officer page I agree with the chief justice probin  I incline to think the award good and that they may as well appoint these two  person as they may the master for it be no more than take they to their  assistance lee I I think this be a direct delegation of their authority and he  cite the case of Robinson and Barnsley last Hilary term where a award that the  party shall give security fourteen day after their time be expire be hold to  be have these person must be consider as their delegate and in case of a  private authority it be a settle rule that they must execute it themselves and  can delegate it indeed it may be different when refer to be tax by the master  because that be the settle way of tax cost by the law of the land case tempt  Hardwicke er p and now this term all the court agree that the award be have  Lord Hardwicke c j as to award there be three rule first that the arbitrator  must make a final end so as the party may have the fruit of it without suit  dly that t hey can delegate their authority dly the award must be make within  the time limit now this award do not make a final end for here be a matter to  be do after the time expire but it be say that as to cost to be tax that be  Allowable and it be true it have be allow to be refer to the proper officer as  in winter and garlic but it be there express say they must be settle by the  arbitrator or by the master and that be reasonable enough because the  reference to the proper officer make a end of it for he be subject to the  authority of the court who if be err can amend his error summary but if refer  to stranger the court can intermeddle dly the arbitrator must execute their  authority themselves which the that have not here do indeed a distinction have  be take between judicial and ministerial act but this be not a mere  ministerial act and appear not to be so from the pen of this award for they be  direct to have regard to such cost as a master will allow which be certain a  act of judgement but when the reference be to the master it be in the eye of  the court suppose these two person have be mistake as to what cost shall be  case tempt Hardwicke allow how can it then be settle but by a trial before a  jury upon averment that it be so or be not so and this be no inconvenience for  they may within the time limit have have the assistance of these two man in  this matter and have make it part of their award lee I by cro James the  arbitratorscannot reserve the authority to themselves after the time of the  submission Jenkins content foe if the award be to release to another by the  advice of I S it be good and the reason give be b because that reference be  only for the execution of the arbitrement for he lie it down as a rule that  the arbitrator can delegate their authority it be true that in case of cost it  have be allow to refer to the master and the reason be because they have then  make a award of cost in the same manner as cost be usual give Comberbach award  that if the plaintiff make out before judge any disbursement lie out for the  defendant that the defendant shall pay they likewise hold have but holt there  say they have no liberty to do any future act unless it be by refer the matter  in difference to a master of a court to tax cost which be agreeable to what he  say in winter and garlic salk reference to a master be proper execution of the  arbitration and be mere ministerial but reference to a stranger be judicial  judgement for defendant cite Tid see salk n a kid r Str n