brown case thomas JONES Appellant and Bennett widow and othersRespondents  saint July Mews dig xiv after a submission of all matter in difference and a  award make by a umpire a release give and a acquiescence of nine year the  award shall not be set aside or the matter unravel upon a suggestion that the  umpire have particular matter only under his consideration the appellant in  the year borrow of Thomas Bennett pound and for secure the repayment thereof  he execute a bind with a warrant of attorney to confess judgement and also a  mortgage of some house in Dublin which mortgage by a agreement between they be  to stand as a security as well for the pound then advance as for all such  other sum of money as Bennett shall advance or pay to the appellant or for his  use in the year the appellant leave Dublin and be for some time in England but  previous to his departure he entrust the management of his trade of a brewer  to Bennett and empower he also to receive the rend his estate and to collect  in his debt to the amount of pound and upward but the appellant return back in  Bennett deliver up to he the possession of his brew house and all the utensil  thereof except a brass pan and two horse which have be forcible take away by  the Irish officer and give he a fair account of all matter depend between they  with which the appellant rest satisfy for some year but in July he think  proper to exhibit his bill in the court of chancery in Ireland against Bennett  for a general account of all deal and transaction to which bill the defendant  have put in a answer a order be on the that of April make by consent that all  matter in difference between the party shall be refer to the arbitration of  Richard Fenner and Henry Gower and if they can not agree then to such umpire  as they shall appoint and that the award or umpirage shall be conclusive and  be make a decree of the court without liberty of except on either side the  arbitrator make no award but chase a umpire who on the that of June make his  award and thereby order Bennett to pay the appellant the sum of pound S d at  two different payment the money be accord pay the appellant on the that of  April execute to Bennett a general release with a exception of what relate to  the farm of Insicore the graze of saint James field and a brass pan and brown  thereupon Bennett deliver up all his voucher to the appellant under this award  the appellant acquiesce for nine year but on a suggestion that the umpire have  only under his consideration such matter as concern the brew trade the  appellant in July file a supplemental bill against Bennett for a account of  all deal and transaction between they except what relate to the brew trade to  this bill the defendant plead the general release execute by the plaintiff but  omit to make a proper averment therein the plea upon argument be overrule for  informality and the defendant be oblige to answer over the benefit of the plea  be however reserve to he until the hear of the cause the defendant accord put  in a answer and thereby offer to account with the plaintiff ab beginning if he  will repay the pound and restore the voucher which have be deliver up to he on  execute the release on the d of December the cause be hear when the Lord  chancellor declare that as the award be execute the money pay and the release  give he see no reason for reexamining the award or unravel matter so solemnly  settle and therefore order the supplemental bill to stand dismiss but the  plaintiff counsel accept the offer make by the defendant in his answer his  lordship decree that in case the plaintiff do not repay the say sum of pound  brown er p and give up the voucher by the first day of the then next term the  bill shall be dismiss and these condition not be comply with the court on the  that of February follow order that the defendant shall be at liberty to enrol  the decree of dismission which he accord do and soon afterward die have by his  will appoint the present respondent his executor from this decree the  plaintiff appeal insist t Lutwyche n Lechmere that it appear to the court by  full proof that no other matter come before the umpire or be determine by he  than the brew trade that the reason why he do not by his award direct release  to be give be because he have examine no matter nor hear any proof but what  relate entire to the brew trade and that this appear clear from the deposition  of the umpire himself which be not in the least contradict by any proof  advance on the part of the respondent that there be no sufficient evidence to  prove the least intent of extinguish any other demand than what relate to the  brew trade only on the contrary Bennett acknowledge both before and after the  award that the appellant have several other demand upon he which be not  include in the award and therefore it be hard to deprive the appellant of his  proper remedy touch those other demand which in fact amount to pound and  upward on the other side it be say S Dodd I baines that previous to the appeal  several order have be make in the court below by the consent of the appellant  and respondent for refer the matter except in the release but that the  appellant instead of brown proceed on such reference have appeal from the  decree hope thereby to establish a very stale demand and to draw the  respondent into a perplex and intricate account who be mere stranger to all  the transaction and deprive of all the voucher and paper proper for their  defence accord after hear counsel on this appeal it be order and adjudge that  the appeal shall be dismiss and the decree therein complain of affirm and that  the appellant shall pay to the respondent the sum of pound for their cost jour  vol p