Barnardiston king b PALUCER and cotton when a award be void in part how far it  shall be say to be void or not in the whole Mr Hussey and Mr strange come now  to show cause why a attachment shall not go for the breach of a award in this  case the award require the defendant to do three thing first to pay the  plaintiff a certain sum of money second to pull down a wall which he build  upon the plaintiff ground and three to pay the arbitrator a certain sum of  money for their expense in their several attendance then the word of the award  follow that on performance of the aforesaid matter the plaintiff shall give  the defendant a general release the counsel say that with regard to that part  of the award which relate to the defendant pay the arbitrator a sum of money  it be clear void and in as much as the release which be the only act to be do  by the plaintiff be not to be give till that sum of money be pay by the  defendant as well as the other act perform by he they submit it the whole of  this award be void likewise for this purpose Mr Hussey mention the case of  Barnardiston and Poulger hill whether two exception be there take to the award  first that the submission be of all matter in difference which Barnardiston  have with Poulger and love and the determination by the arbitrator be only of  such matter in difference which Barnardiston have with Poulger only the d  exception Barnardiston king b er p be that the rend be order to be pay on the  d but that it be not due till the that in that case he take the opinion of  Lord chief justice Parker to be that the last part of this award be void and  as there be a release to be give on payment of the money aforesaid he be of  opinion that the whole award be void likewise but in the present case if this  be not a sufficient reason for set the award aside at least it be hope that it  will be sufficient to influence the court not to enforce the award by  attachment for this purpose Mr strange mention the case of sir Thomas Hails  and tailor where the court be of this opinion and last they observe that they  have a affidavit that they have actual tender the money to the plaintiff that  be due upon the award and that they be ready to pull down the wall provide the  plaintiff will be bind to enter into a rule of court not to bring a action of  trespass against the defendant for so do they say there be good reason for  insist upon these term because the plaintiff have actual intimate that she  will bring trespass against the defendant for do this the chief justice say  these be reasonable term to be agree to accord upon the plaintiff agree to  they the rule be make absolute for the attachment but direction give that it  will lie in the officer hand and not be execute at all provide the defendant  shall pull down the wall within a month time