Page:Federal Reporter, 1st Series, Volume 1.djvu/260

 253 FEDERAL REPORTER. �Complainant further alleges that at the time the original award was rendered, and for a long time thereafter, he did not know of the mistakes, -whereby he claims that the award is invalid, and that after the discovery of such mistakes he did not reeognize or treat the award as valid or binding, and immediately gave notice to the arbitrator and to the defend- ant that he wouldnot be bound by the arbitration. �It seems that on the twenty-second of December, 1869, about six weeks after the original award was made, the county court entered an order to the effect that it was willing to hear the arbitrator and others in reference to the complainant's claim, and pay one-half of the arbitrator's traveling expenses, but nothing was ever done by the county in affirmance of the amended award. In what is termed the amended award the arbitrator states that after his original award was completed complainant brought him a eertilicate of one McKennan, stating that there was in the front portico eut stone not meas- ured noraccounted for by the arbitrator, and also 6,980 brick in the arches not measured nor accounted for by him, and that upon examining fullyintothe matter he ascertained that in the measurement formerly made and inserted in his award the arches and soffit of the portico, which should have been measured three times, were measured but once, and the bases and caps of the pilasters of the portico in the second story, and the work of the groined arches, had not been measured at ail. �The bill of the work so re-examined amounted to $2,823.78. It seems also that in the original award he allowedonly $1.50 per foot for the stohe-work of the portico, and that after the award was completed he was shown the record in the books of the commissioners of an agreement to pay the complainant at $1.75 per foot for ail extra stone-work done on the build- ing, and he considered it a matter of justice that he should be allowed the additional 25 cents on ail the extra eut stone-work, which would amount to $2,492.50, making the whole of his claim, not included in the original amount, $4,816.28. The prayer of the bill is that the original award be set aside : (1) for want of authority in the commissioners ��� �