castle, ship-owner, and William Richmond, of North Shields, ship-owner, and such third person as they the said John Rayne and William Richmond shall by a memorandum in writing under their hands, indorsed or subscribed on these presents, appoint, or of any two of them; so as the said arbitrators, or any two of them, make their award in writing concerning the matters aforesaid, and all claims and demands relating thereto, under their hands, on or before the 1st of November next, or on or before such further day or days as the said arbitrators, or any two of them, shall, by writing on these presents, from time to time appoint: and that this submission, and the award to be made thereupon, shall be made a rule of Her Majesty's court of Common Pleas at Westminster: and that the said arbitrators, or any two of them, may proceed ex parte, in case of the non-attendance of either of the said parties, or of the non-production of any document, books of account, or other written evidence, after such attendance or production has been required by notice in writing, under the hands of the said arbitrators or any two of them, delivered to the said parties respectively, or either of them, two clear days before the time appointed for such attendance or production: and that all the costs and charges in and about this submission, the reference, and attendance of witnesses thereupon, and the award of the said arbitrators, or any two of them, shall be in the discretion of the said arbitrators, or any two of them, and shall be paid and satisfied pursuant to their award: and it is also agreed that the said arbitrators, or any two of them, shall have full power to examine the parties and their witnesses on oath to be administered by any one of the said arbitrators." The arbitrators named in the above submission duly appointed "John Wright, of North Shields, ship-owner, the third person, to whom, together with themselves, 1853. In re LAING and 1853. In re LAING and TODD. Award, all the within named matters in difference should be re ferred." Two of the arbitrators, viz. William Richmond and John Wright, on the 31st of January, 1852,-the time for making it having been duly enlarged,-made an award, as follows:-"We order and award, that all disputes whatsoever depending between the said William Laing and Edward Todd, touching the matters in difference, shall cease and determine : And we do further order and award, that the said William Laing, his heirs, executors, or administrators, shall and do pay, or cause to be paid, for the damages and costs incurred by the said Edward Todd in consequence of the collision hereinbefore mentioned between the said vessels Britannia and Ann and Elizabeth, the sum of 721. 6s.: And we do further order and award, that the remaining portion, constituting the aforesaid arbitrators' charges and expenses attending the said reference, amounting to 627. 14s. 10d., shall be borne in equal proportions, share and share alike, by the said William Laing and Edward Todd, their heirs, executors, or administrators: And we do hereby further award, that the said sums of 721. 6s., and 627. 14s. 10d., making together the sum of 135l. Os. 10d., shall be paid, within ten days from the execution hereof, to Matthew Poppelwell, of North Shields aforesaid, surveyor." The agreement of submission having been made a rule of court, and one Lowrey having been duly appointed the attorney of Edward Todd and Matthew Poppelwell, to demand and receive the 721. 6s. so awarded as above-mentioned, and also the attorney of the arbitrators, to demand and receive the 627. 148. 10d. for the expenses of the reference; and Laing having been personally served with true copies of the rule, award, and powers of attorney respectively; and the 721. 6s., and 31l. 78. 5d. (being a moiety of the expenses of the reference), having been duly demanded of him by Lowrey, as such attorney, and those sums remaining unpaid, J. Addison, on a former day in this term, moved for a rule calling upon Laing to shew cause why he should not forthwith pay to Todd, or to Lowrey, his attorney, the sum of 721. 6s., pursuant to the award and rule, with costs. He moved upon an affidavit of Lowrey and others shewing that the money had been duly demanded, and had not been paid; and also upon an affidavit of Matthew Poppelwell stating that he, the deponent, was the agent of Todd, the owner of the Ann and Elizabeth, and that, as such agent, he was acting for and on behalf of Todd in the matter of this arbitration; that he, the deponent, was the same Matthew Poppelwell named in the award as the party to whom Laing was ordered to. pay, or cause to be paid, the 721. 6s. for the damages and costs incurred by Todd in consequence of the collision between the Britannia and the Ann and Elizabeth; that he, the deponent, took up the award on the part of Todd; and that the said sum of 721. 6s. was, as he, the deponent, verily believed, so directed as aforesaid to be paid to him, the deponent, as the agent of and on behalf of Todd, and for the sole use and benefit of Todd, and for no other use whatever. [Cresswell, J. The difficulty is, that the award directs the money to be paid to Poppelwell, it not appearing on the face of the award that Poppelwell is Todd's agent.] The result of the authorities, is, that an award of a sum of money to be paid to a third person, is good, where it appears (as it does here by affidavit) that it is for the benefit of one of the parties to the reference: Com. Dig. Arbitrament (E. 7); Bird v. Bird, 1 Salk. 74; Adcock v. Wood, 6 Exch. 815; Wood v. Adcock, 7 Exch. 468. [Jervis, C. J. If an action were brought upon the award, Todd would be plaintiff; and the breach would be, non-payment 1853. In re LAING and TODD. 1853. In re LAING and of the money awarded to Poppelwell. If we were to make an order under the statute 1 & 2 Vict. c. 110, s. 13, Todd would have a judgment against Laing, without any award directing payment to him; and, on the other hand, an order to pay Poppelwell, would be an order to pay a stranger.] The rule may go in the alternative. [Jervis, C. J. And, suppose no cause is shewn, how is it to be made absolute?] Then, as to the moiety of the expenses of the reference,- [Jervis, C. J. There is a still greater difficulty as to that. The arbitrators cannot have a judgment for their costs. That would be pushing to a very alarming extent a practice which this court has intimated an opinion has already been carried too far. (a)] The rule was granted, calling on Laing to pay the 721. 68. to Todd. Hugh Hill now shewed cause. This award being bad upon the face of it, the court will not enforce it in this way. It orders Laing to pay a sum of money to a stranger,—one who does not appear, either by the agreement of reference, or by the award, to be in any way connected with either of the parties. The arbitrators have also exceeded their authority, in awarding as to Todd's costs; or they have fallen short of their duty, in omitting to decide anything as to Laing's costs. The award is altogether bad. In Robinson v. Henderson, 6 M. & S. 276, the award found that the sum of 2501. was due from the defendants to the plaintiffs, and that, out of the said sum, the defendants should pay to the abitrators 947., being the expenses of preparing the agreement of reference and their award, and for their charges, trouble, and attendance on the reference and arbitration, and certain costs, which they awarded to be paid to the solicitors of the plaintiffs in respect of certain (a) See Creswick v. Harrison, antè, Vol. X, p. 441. : actions mentioned in the agreement of reference, leaving the sum of 1367., which they awarded to be paid to the plaintiffs and it was held, that the award was void for uncertainty, in directing a sum in gross to be paid to the arbitrators for the objects above-mentioned, without specifying the particular sum to be appropriated to each object. Here, the award directs a sum in gross to be paid to a stranger,-one who is no otherwise shewn to be identified with Todd, the party in whose favour the award is made, than by the statement in his affidavit, that he was the agent for the ship, and that he believes the money was ordered to be paid to him as the agent of Todd. Addison, in support of his rule. The fair interpretation of the award, "for the damages and costs incurred by Todd in consequence of the collision," is, that costs here mean the costs incurred in repairing the ship. The arbitrators never intendea to award to either party any costs of the reference: it does not appear that any costs were incurred, except those incurred by the arbitrators themselves. [Jervis, C. J., referred to Richardson v. Worsley, 5 Exch. 613. There, an agreement of reference contained a stipulation "that the costs of the agreement, and of the reference and award, should be in the discretion of the arbitrator, and be defrayed as he should direct:" the arbitrator awarded that the defendant should pay a certain sum to the plaintiff, but made no mention of costs; and it was therefore held bad.] In that case, it did not appear what the sum was awarded for. As to the objection that the 721. 68. is directed to be paid to Poppelwell,-there are many authorities to shew that an award to pay money to a stranger, is good, where it appears to be for the benefit of the parties; or, unless it appears on the face of the award that it could not be for their benefit. In 1853. In re LAING and |