ALARDES all V campbell may award pursuant to the stat W whether a court of  equity can inquire into it a bill be prefer to have satisfaction on a note of  hand for give to one Richardson by the defendant and which by several  assignment come to the plaintiff and to set aside a award or umpirage and the  bill express charge that the note which be award to be deliver up by the  plaintiff be never produce to the umpire that the other plaintiff Alardes be  go into Scotland Bunbury to inquire whether the defendant have pay this note  to several owner of ship there as be pretend and that Alardes be the only  person who know any thing of this affair and therefore desire that the umpire  will stay till Alardes be return which the umpire promise to do but afterward  make his umpirage before Alardes return but both the umpire and the defendant  promise it shall be hear after his return from Scotland and there be other  charge in the bill of undue practice in make this umpirage and therefore pray  to set aside this award the defendant plead the arbitration bind the election  of the umpire the umpirage make within time that the submission be make a rule  of the court of king bench that there have be no application to that court  pursuant to the stat W and therefore that all other court be now conclude but  give no answer to the express charge in the bill but verify their plea only  and answer only by deny combination it be object by the plaintiff that the  defendant ought not to plead this award which be the very thing the plaintiff  pray to be relieve against especial since they have not support their plea by  give a answer to the particular charge of partiality allege in the bill and  the court be of that opinion but then the question be upon the statute W  whether this court be not now preclude and the lord chief baron and baron  comens be of opinion that it be not now the time in b r be elapse but baron  carter that it be baron hale to waver in opinion at last it Bunbury be order  that the plea shall stand for a answer with liberty to except and the court  intimate that the exception shall be confine to matter subsequent to the that  of may the date of the arbitration bind and to the express charge of undue  practice in the umpire