coke a HUNGATES case Trin Elizabeth rot in the common plea bind on condition  to perform a award so that the say award be make and deliver utrique a part  the award shall be deliver to each of the party sometime uterque be discretive  and several and sometime collective and conjoin accord to the subjectmatter SC  more cro Elizabeth Hungate a roll Rep bridge march arbitrement Mod a bring a  action of debt on a bind against mese and smith the condition of which be to  perform the arbitrament of two between the plaintiff of the one part and the  defendant of the other part ita quod arbitration prd fiat to weigh well  utrique partiim predictorum before such a day and the defendant plead that  before the day the arbitrament be make but be deliver to the plaintiff and  mese one of the defendant and not to the say smith upon which the plaintiff  demurrer and judgement be give against the plaintiff and it be resolve that  sometime this word uterque be discretive and several and sometime collective  and conjoin as if two or three be bind in a bind roll Bulstr Cr James h die pl  Bulst h a b cro car b a bag of hide the dawn this word a bag of hide make the  bind several as it be hold in c dyer pl Bulst c h die b but in the case at bar  it shall be take collective and the rule to know in what sense it shall be  take and when it shall be take either d Cr Elizabeth d several or more joint  be to consider the subjectmatter and to make construction accord to congruity  of reason and ut to shun absurdum as in the case of e Brid h a b cro car e h  the condition of a bind be si uterque the dawn sure the obligor and obligee  stelerit arbitration Robert bosom c and it be adjudge that each of they be  bind pro part svan and not one for the other for that will be absurd and  unreasonable and in the case at bar forasmuch as each of the party be subject  to penalty and danger it be reason that the arbitrament shall be deliver coke  b to each of the party to the intent that they may perform it and avoid the  danger of break of it it be resolve that if two be of one part and two of the  other part and the word be as above ita quod to weigh well utrique a part that  the delivery of the arbitrament to one of the one part and to another of the  other part be not sufficient for party be to be intend of the whole party and  one be as well within the penalty and danger as the other and forasmuch as the  arbitrament be not deliver to the say smith judgement be give against the  plaintiff a in cook v Macclesfield dyer a a b c and d submit to abide a award  to be make between a b of the one part and c d of the other ita quod it be  deliver to the party or to one of they delivery to any one of either party and  by parole only be hold sufficient but in block v Palgrave cro Elizabeth it be  hold that a submission so as the award be deliver to either of the party mean  both and Vid Parker v Parker cro Elizabeth vin ab abrutus tree fa pl vin ab  obligation g note a Mathewsons case ante p a a coke report a er p