Barnardiston king b ALARDES for Cambell and sir John williams scacc vide ante  how far award may be set aside by a court of equity notwithstanding the party  do not file his bill till after the time which be prescribe by the statute of  W be expire the plaintiff not find relief against the award in the court of  king bench bring his bill in the court of exchequer against the then plaintiff  and the umpire and pray to be relieve against the umpirage for two reason one  that it be agree to be deliver only conditional in case Alardes when he return  from Scotland shall not lie before the umpire sufficient reason to require a  reexamination but in fact be deliver absolute and the plaintiff now set forth  in his bill several reason to induce a reexamination which he offer to sir  John William the umpire the other reason be that several witness on the part  of Alardes be not allow of by the umpire Cambell plead in bar to this bill  that sir John William make a absolute and impartial award accord to the best  of his belief but that the umpirage be deliver above two term before the bill  file so that he be too late to take these exception by a provision in the  statute of W sir John William put in a answer to this bill in a particular  manner and set it forth with a great many circumstance upon this case the  court deliver their opinion upon several point the principal one be whether  court of equity be not confine by the statute of William to allow of exception  to award within the time prescribe by the Act as well as the court of  commonlaw the chief baron say his opinion be that they be not he observe that  before this statute agreement make in any cause depend in court of law and  afterward make rule of those court have equal the advantage of that speedy  remedy which now all extrajudicial agreement may have upon this Act of  parliament but yet he say they be liable to be inspect by court of equity  whether they be not attend with circumstance of fraud or misbehaviour and  beside as the law then stand if those court have enforce these agreement by  their attachment for proper reason these court may have grant their injunction  this statute have indeed make a alteration as to the court of equity in this  respect and say in general that no injunction shall lie upon such a attachment  but a bill to discover whether there be partiality in the award or not be  leave as it be before and will not affect the proceed upon the attachment the  chief baron cite several case too where bill of this nature have be allow a  cause in this court between Mr Reynells and his servant Mullinss case for  carpenter wage and one of Mr Browam where a submission be make a rule of court  in the common plea yet afterward this court examine into all the circumstance  of the award which relate to the partiality of it but he Barnardiston king b  er p say the restrictive word in the Act have one good effect that exception  for partiality must be take within the time limit in those cause where the  submission be make a rule the chief baron then say that upon the reason and  authority of these case he think the main objection be now get over the next  will not be of Barnardiston king b so much difficulty that the submission be  make a rule of court after the award make for though indeed this have be doubt  upon the letter of the Act yet the reason of it extend to those award that be  before the submission be make a rule of court as well as award make after and  so this point be settle in the king bench and the constant practice have be so  afterward thus far be speak to the substance of the plea but the chief baron  object then to the form that it ought to have answer particular to the  circumstance of partiality assign by the bill he allow indeed if the bill have  charge the umpire with partiality in general the plea as it be will have be a  good answer but circumstance of partiality in a award be like circumstance of  fraud in other case be set forth special they require a special answer and he  say if issue be join in the general manner as this matter be plead the  plaintiff will be at liberty to give in evidence what circumstance of  partiality they shall think proper he observe this be not like the case of a  bill of review or a writ of error where several error and exception may be  take and in nullo be erratum plead to the whole for there all the mistake  appear upon a view of the proceed but here it be leave to a great uncertainty  accord as the interrogatory shall be draw by the party there may be a  objection far make to this plea he say from the award be only aver to have be  impartial accord to the defendant Cambell belief however that he think may be  get over consider that the fact can not lie proper within his knowledge upon  the whole of this matter he say he be of opinion that the plea shall be  overrule but if the rest of the baron think it as well that the plea shall  stand for a answer with liberty of except to it he shall not oppose it baron  hale and cummins agree with the chief baron in the two first point but baron  carter differ in the principal one baron cummins and hale agree with one  another in the three point but differ from the chief baron and say they think  the plea well enough as it be in point of form but however the whole court  agree that the plea shall stand for a answer with liberty of except to it