case thomlinson vers ARRISKIN in c b a award hold good notwithstanding some  objection in point of form vin Abr title arbitrament Q pl d a pl this be a  action of trespass for take away and detain the wife for four month against  the consent of the plaintiff her husband per quod consortium to send away c  the defendant after imparlance quoad way arms plead not guilty quoad resid  transgr to say action non c because to say quod transgr pillage unde pillage  quer superius see modus quer fact to be tam per Self def how per a certain hug  Martin whoever it be post transgr pillage ult encounter videlicet comens may  Geo the plaintiff the defendant and h Martin submit to the arbitration of r  Wallas h Wallas and h Richardson ad arbitrand de transgr pillage inter quer  the same daf h Martin de to visit sect ind inter eos tunc penden that primo  Jun Geo arbitraver quod defen h Martin to loosen quer or offerre to his use  super for the third time they Jun ac two untouched repeat three times part all  custag Self quer in daughter of the Sun sect pillage solubil tam attorn how  ballivo nest after billa ind product foret c quas they tender on the d of June  and the plaintiff refuse whoever it be no one billa custag thus far product to  be c to which the plaintiff demurrer and show for cause that the plea be plead  in bar of the action whereas it shall have be in barram ulterior manutention  action ill and the defendant join in demurrer and it be insist for the  plaintiff first that this award be not a bar for that the submission be only  de transgr inter quer defen quandan hug Martin de to visit sect inter eos tune  penden which can not extend to a suit against the defendant only and though it  be aver quod transgr unde quer see complain fact to be tam per hug Martin how  per defen that be impossible for though h Martin may have be aid to the  defendant and in trespass infra p a all be principal and may be charge either  joint or several yet the declaration charge the defendant for a particular  fact of his own videlicet that he take the plaintiff wife per quatuor menses  to hold off thus far to hold off and the detainer by the defendant can not be  commit by u Martin therefore the suit against the defendant for that fact can  not be a suit inter eos dependen say non allocatur for the submission shall be  construe to be of all action between they or any of they second it be insist  that the award be that the defendant shall pay two three of all the plaintiff  cost to his attorney or bailiff in daughter of the Sun sect pillage be  altogether uncertain for though a award to pay cost to be tax by the  prothonotary have be allow Id that which is fixed be quod that which is fixed  To give back to be able side keb S a yet here no person be name who be to tax  the cost and therefore a award to pay cost of suit in a inferior court be void  salk and here it be to pay cost to the bailiff and therefore be like the case  in lev to pay all reasonable expense in such a suit which be hold to be void  comens er p say non allocatur for a award to pay cost in such a suit be  sufficient without say any thing more for they may be ascertain the proper  officer of the court may tax they barn in the case of Dudley v Nettlefold  report in Str no one be appoint to tax the cost of a reference and the court  supply the omission by order the master to do it vide vent lev three the award  be on one side only for it direct that and cost shall be pay by the defendant  and direct nothing as to the plaintiff nor do it say that all suit c shall  cease or that this shall be in satisfaction of the plaintiff demand or any  thing to that effect and though a award which express that it be make de super  to send forward may be construe to be make in satisfaction of all difference  or demand comens yet this be only aver by the plea shall not be construe in  such a manner say non allocatur for here the award be a parole award in which  the very word need not be express but the effect and substance of it and  therefore when it be say quod arbitration de super to send forward arbitraver  determinaver it be tantamount to say that the arbitrator for the conclusion of  all difference between the party accord c and therefore judgement be give for  the defendant