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" When the submission is by deed with a penalty, and the award is made within the time limited, an action of debt lies upon the deed, for the nonperformance of the award ; and that, whether the award be for the payment of money, or the performance of a... "
A Treatise of the Law of Arbitration: With an Appendix of Precedents - Page 190
by James Stamford Caldwell - 1822 - 533 pages
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A General Index to the Modern Reporters, Relative to the Law ..., Volume 1

Esq. John Kells - Law reports, digests, etc - 1797 - 530 pages
...award, and, the declaration bond. lated, that fuch time was afterwards enlarged by mutual :onfent — it was held that no action could be maintained on...bond to recover the penalty, for not performing the a.vaid made after the time firit limited. Hen. Bladftanr. E. 29 Ceo. 3. (in note.) 592 b. 90. In debt...
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Digested Index to the Term Reports

Sir Thomas Edlyne Tomlins - Law reports, digests, etc - 1812 - 736 pages
...arbitration-bond the time was limited for the arbitrator to make his award, and the declaration staled that such time was afterwards enlarged by mutual consent,...not performing the award made after the time first limited. Brown v. Goodman, £.290.3. 3 TR 592, и . 11. An agreement to enlarge the time for making...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 1

Nicholas Baylies - Law reports, digests, etc - 1814 - 576 pages
...arbitration-bond the time was limited for the arbitrator to make his award, and the declaration stated that such time was afterwards enlarged by mutual consent,...not performing the award made after the time first limited. Brown v. Goodman. 3 Term Rep. 392, и. 26. Two several tenants of a farm agreed with the succeeding...
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A Digested Index to the Modern Reports, of the Courts of Common ..., Volume 2

Nicholas Baylies - Law reports, digests, etc - 1814 - 478 pages
...returned immediately, without the knowledge of the sheriff', and before any action bronght against him; it was held that no action could be maintained on the bond, which was given for the indemnity only of the sherift'; and this being a mere voluntary escape and...
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The Practice of the Courts of King's Bench and Common Pleas in ..., Volume 2

William Tidd - Civil procedure - 1817 - 718 pages
...Cas. Pr. 106. CP 138. Pr. Reg. 103. Barnes, 123. " i Bos, & Pul. 81. SC Dong. 417. 3 Durnf. 8t Eatt, arbitration bond, a time was limited for the arbitrator...not performing the award, made after the time first limited*: In snch case, the plaintiff should have proceeded by action of debt or assumpsit, on the...
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Term Reports in the Court of King's Bench, Volume 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 946 pages
...arbitration bond the time was limited for the arbitrator to make his award, and the declaration stated that such time was afterwards enlarged by mutual consent,...not performing the award made after the time first limited. Brown v. Goodman, E. 29 Geo. 3. 692 n. (b) 2. See COVENANT, No. 7, 8. ; BOOKS. 1. Two penalties...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 1

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 636 pages
...arbitrator to make his award, and the declaration stated, that such (a) 3 Lev. 934. (fc) 3 TR 50?. time was afterwards enlarged by mutual consent, it...not performing the award made after the time first limited. That case cannot be distinguished from the present. — The agents of the defendant, at Cadiz,...
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The Practice of the Courts of King's Bench and Common Pleas in ..., Volume 2

William Tidd - Civil procedure - 1821 - 814 pages
...time limited, an action of debt lies upon the deed, for the non-performance of the award; and that, whether the award be for the payment of money, or the performance of a collateral act. Bat where, in an arbitration bond, a time was limited for the arbitrator to make his award, and such...
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The Practice of the Courts of King's Bench, and Common Pleas: In ..., Volume 2

William Tidd - Civil procedure - 1828 - 666 pages
...time limited, an action of debt lies upon the deed, for the non-performance of the award; and that, whether the award be for the payment of money, or...where, in an arbitration bond, a time was limited ' 7 Taunt. 422. 1 Moore, 120. SC 7, 8. and the cases there cited, by which • Pr. Reg. 45. Barnes,...
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The American Jurist and Law Magazine, Volume 4

Law - 1830 - 446 pages
...declaration on it, that he did not intend to affect the legal rights of the parties by thus filing it. It was held, that no action could be maintained on the bond by the Judge of Probate, as it had never been delivered. Ib. 3. Where one gave bond to a town, conditioned...
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