case wither against draw easter term Elizabeth roll a award make in the night  of the day before it be condition to he deliver be good but not if it vary  from the submission in describe the subject of the arbitration except if there  he two description it aver that they be one and the same ante debt on a  obligation upon a special verdict the case be a obligation be endorse to stand  to the arbitration of four arbitrator so as the award he make in write ready  to he deliver to the party before the six day of January then next follow the  arbitrament be make the five of January betwixt the hour of eight and nine in  the night and whether the defendant he bind to perform it or not be the  question after argument by Fleming the queen solicitor for the plaintiff and  by Tanfield for the defendant the court resolve that it be well enough for the  time and that the defendant ought to perform it for it be make before the six  day and although it he make in the night of the five day it be well enough for  thing do in the night where personal attendance of another be not requisite be  good but bear be not any personal attendance necessary but to have notice of  the arbitrament give he which may he at a other day after be v demand and  deliver and a arbitration be a judicial act which may he well do in the night  and one sparrow case Elizabeth be cite to he rule accord but afterward upon  another day Tanfield move another exception against the d see the case of dr  Gooche v the bishop of London strange in point croak Elizabeth er p  arbitrament that it be of a thing out of their submission for the submission  be about a enclosure hetween BartonDown and NorthDown and the arbitrament be  of a enclosure betwixt the defendant down and the down of I S and it be not  aver that they he all one and then although the issue be nul tiel arbitrament  yet the breach not be well assign there can be any judgement for the plaintiff  and this be hold to be a material exception by Clench and Fenner cceteris  Justitiariis send away whereupon the judgement be stay