Page:United States Reports, Volume 1.djvu/185

174 

1786.

deceaʃed who are Strangers, and that an award cannot be holpen by an averment, but muft be expounded by itfelf and nothing debors.  In fupport of which, the Defendant counfel cited, 1 Bacon's Abr. 139. Hob. 49. Carth. 157. Godbold 13. Dyer. 242. 1 ''Ld. Raym.'' 123. 1 ''Bac. Abr.'' 141. and Law oƒ Arbitrators 119.

For the Plaintiffs, it was argued by their counfel, 1ft. That it appears fufficiently on the face of the award, that the Plaintiffs are the executors of John Grier, by a fair and probable prefumption. 2d. That an averment may be of any thing not inconfiftent with the award. 3d. That the executors of John Grier, deceafed, are perfons certain and known. And, laʃty, that if the executors were ƒtrangers, yet the award is good ; for the Defendant ought to have rejoined, that the executors were ftrangers. For which pofitions were cited 1 Burr 277. 1 Bacon Abr. 135. 139. 141. 145. 147. 1 Ld Raym. 612. 246. 533. ''Cro. Jac.'' 200. 354. Cro Ellis. 858. 8. Co. 98. 3 ''Vin. Abr.'' 121. Comyns 329. Carth. 136. & Leon. 316. 3 Leon 62.

It may not be amifs to obferve, that the rules eftablifhed in England before the revolution, refpecting the conftruction of awards, have been more liberal and favorable than formerly; that many of the nice diftinctions to be met with in our law books, are by no means to be admitted as precedents in expounding awards at this day ; and that, as arbitrators are judges of the parties own choofing, fore the furtherance of juftice, and quieting of controverfies, the courts have of late conftrued their awards with great latitude, and according to their intention, appearing from the words of the whole. 1 Burr. 277. 1 Bacon Abr. 130.

However, two of the effentials in awards are, that they fhould be certain and final. By the condition of the bond in this cafe it appears, that a particular controverfy between the parties was, ‘‘ about the exchange of a number of loan office certificates,’’ and, by the award, the Defendant is ordered, to pay to the executors of John Grier, deceafed, Ł. 175 in confideration of the lofs fuftained by the exchange of certificates between the land John Grier and him. From thefe it may be collected, and the meaning of the arbitrators feems to be, that a loʃs had been fuftained by the exchange of certain loan office certificates between a certain John Grier, deceafed, and the Defendants, that this loʃs affected the Plaintiffs in fome way or other, becaufe it was made an exprefs article in the fubmiffion, and that the payment of the money to the executors of John Grier fhould determine the controverfy on this account. John Grier, deceafed, has executors, who they are may be eafily afcertained ; as eafily as the coʃts of an action, ot the charges of a voyage, which have been adjudged to be good awards, becaufe they can be reduced to a certainty. 3 Cro. 383. Beale v. Beale. and I Rolls Abr. 251. So that this award appears to be certain enough. Befides, if the executors are confidered as ʃtrangers yet, by the better authorities, and award to pay money to them fhall be intended for the benefit of the Plaintiffs, and that they, being the fubmittants, were either the executors