case Adam against Adam on a submission so that the award be make on or before  such a day or that the arbitrator may choose a umpire they may choose a umpire  after the day name S C Danv debt upon bind to perform a award so that it be  make before or upon the twentysecond day of December or to choose a umpire the  defendant plead no award make the plaintiff reply and set forth a award and  assign a breach The defendant demurrer first that here be no good award  because the arbitrator be to make it before or upon the twentysecond day of  December and if they can not agree to choose a umpire now the award set forth  in the replication be make by a umpire choose after the twentysecond day of  December which the arbitrator have not power by the submission to choose say  non allocalur because they may have make their award upon the twentysecond day  of December and therefore can not choose a umpire till afterward for their  power be only determine as to the make a award second because the umpire  recite that the party submit have bind themselves to stand to his award which  be not true say non allocatur because it be but recital three the award be  that the defendant shall pay the plaintiff two sum at several time and that  several release shall be give present and so the bind and the money will be  discharge and for that reason the award the release be void against the  plaintiff and by consequence there be nothing on modern his side to be do and  the court be all of opinion that for this last reason the award be not good  Baldwin sergeant who be of counsel for the plaintiff say that it be a  exception which he can not answer if true but he say that the award be not  that release shall be give present but that the money shall be pay and release  give by which it appear by the very method and order of the award that the  general release be not to be give till after the money pay and that be the  case the court be clear of opinion that it be well enough and so judgement be  give for the plaintiff