case mitchel against harris on a submission to the arbitration of a so that be  make his award on or before such a day and if he make no award then to the  umpirage of such person as a shall choose a may nominate a umpire before the  time allot to he for make the award have expire S c salk S c ld ray debt upon  a award set forth a submission to the award of a and b provide they make their  award by such a day and if they do not agree to the umpirage of such as they  shall choose nul award plead the replication confess that there be no award  but that the arbitrator have choose a umpire on such a day which appear to be  within the time allow they to make their award in and set forth the umpirage  and breach the defendant rejoin that they have not choose any umpire after the  last day which be allow they to make their award to this a demurrer and it be  object that it appear the arbitrator have choose their umpire too soon  videlicet within the last day allow themselves for make their award as  arbitrator and such choice be void for they can not choose a umpire till their  own authority be determine for notwithstanding such choose of a umpire they  may make a award after any time before the end of the time allow they but it  be answer that by this submission the arbitrator have election to make a award  or to choose a umpire modern report by such a day and that by choose the  umpire before the day they have determine their election and give the  authority to the umpire holt chief justice quote the case of Twiselden v  travers a where the submission be to the award of two so that they make their  award before midsummer and if they can not agree to stand the umpirage of such  as they shall choose so as he make his umpirage before the say midsummer and  they choose a umpire who make a umpirage before midsummer and hold good  because by the name a umpire they have determine their authority and election  but if the submission have be the award of a and b so that they make a award  before midsummer and if they do not agree I S shall be umpire they do not  agree I S make a umpirage before midsummer that umpirage be void judgement  nisi be give for the plaintiff