ground why they should not recover them from the defendants. The rest of the court concurred. 1840. CLOW v. Judgment for the plaintiff for the sum of BROGDEN. 29., the amount of damages agreed upon for the dilapidations. (a) (a) See note A, at the end of this volume. TAYLER, Administrator of the Estate and sion to arbitration by an order of nisi prius, in THE following case was stated for the opinion of the In a submiscourt under the provisions of 3 & 4 W. 4. c. 42. s. 25. Previously to December 1838, Shuttleworth carried on business as a patent-pin manufacturer, in co-partnership with D. F. Tayler. On the 18th of that month he en- between 4. tered into an agreement with the said D. F. Tayler, for and B., it is the purchase of his interest in the concern, as follows: an action stipulated that a certain sum shall be placed by B. in the hands of C., the arbitrator, to abide the Memorandum of an agreement made and entered of money into this 18th day of December 1838, between the undersigned D. F. Tayler of the one part and the undersigned H. Shuttleworth of the other part, whereby it is agreed and covenanted as follows, that is to say: That the said D. F. Tayler, in consideration of the sum of 3500l., and of an annuity of 300l., to be paid event of the award. B., after placing the sum in the hands of C., becomes bankrupt. The submission is not revoked; nor are the assignees of B. entitled to demand back the money. Under such circumstances C. has not a mere authority, but an authority coupled with an interest. Upon the reference of a cause, and after matters in difference, though the arbitrator finds no damages, and orders no damages to be entered, the costs may be taxed upon the award. 1840. TAYLER V. and secured in manner hereinafter mentioned, is to assign and absolutely transfer, free from incumbrances, on the 1st day of January next, unto the said H. ShutMARLING. tleworth, all his right, title, benefit, property, and interest of and in the pin-patent machinery, utensils, and implements of trade, stock, book debts, securities, fixtures, and all other matters and things relating thereto, together with the said business; and also the lease of Light Pool Mills, and all benefit thereof, for the remainder of the term; and also the lease of the house, warehouses, and hereditaments in King Street, Cheapside, London, together with the stock, furniture, and fixtures, and every other matter and thing in and about the same premises; and also the lease of the Priory, in Woodchester, in the county of Gloucester, and the coachhouse, stables, outbuildings, gardens, orchards, closes, and hereditaments thereto adjoining; and also the lease, or an agreement for a lease, of a certain cottage, coachhouse, lands, closes, gardens, fishpond, and other hereditaments, near to the said Priory, and recently taken by the said D. F. Tayler, of Thomas Lediard; together with all the fixtures, furniture, household goods, plate, linen, china, trees, shrubs, and every property, matter, and thing belonging or appertaining thereto, or being in or about the same, and every part thereof; with all the privileges and advantages thereto except the furniture and articles in the Priory, and particularised in the list signed by the said D. F. Tayler, and H. Shuttleworth, and which are the property of the said D. F. Tayler. That the said H. Shuttleworth is to give a warrant for securing to the said D. F. Tayler the said sum of 3500%. on the said 1st of January next, and which is to be paid as follows: viz. 1500l., part thereof, on the 25th of February next; 1000l., other part thereof, on the 25th of March next; and the remaining 1000l. on the 1st of July next, with interest at 4 per cent. on the respective sums from the 1st of January next; but it is expressly agreed and understood that the said warrant of attorney is not to be filed or docketed, nor is judgment to be entered up thereon, nor is any other proceeding to be taken thereon, or execution to be issued, until the said 1st of July next, and then only in case of default in payment of any of the instalments before mentioned; and the said annuity of 300l. is to be paid quarterly during the life of the said D. F. Tayler, upon the usual feast days, and the first payment to commence on the 25th of March next, and to be paid to the account of the said D. F. Tayler with the Bank of England; and the said annuity to be secured upon property of ample value to the satisfaction of the solicitor of the said D. F. Tayler. That the said H. Shuttleworth is to pay all debts due to Joseph Wartnaby, senior, upon his own account, or as executor or administrator of his late son Joseph Wartnaby, and especially the sum of 1400l., or upwards, claimed by the said Joseph Wartnaby, and all expenses attending the same; and also all the debts and liabilities of whatever description now owing by the firm or partnership of D. F. Tayler and Company; and save harmless the said D. F. Tayler from the same, and any expenses attending the same. That the said H. Shuttleworth is to pay all rents, taxes, rates, and outgoings now due or to become due in respect of the premises before mentioned, and to fulfil all covenants to be performed by the tenant. That the said D. F. Tayler is not to carry on any trade or business as a pin or needle manufacturer, or in the wire business, or in any business connected therewith (except for the benefit of the said H. Shuttleworth); and he is to allow the name of Tayler to be used in carrying on the business, now conducted in the name or style of D. F. Tayler and Company, for so long a time as it may 1840. TAYLER V. MARLING. 1840. TAYLER บ. next. be deemed expedient by the said H. Shuttleworth, and to use his best exertions to promote the same business. And the dissolution of the partnership is not to be inMARLING. serted in the Gazette or elsewhere until the 1st of March That the expenses of this agreement and the notice of dissolution is to be borne equally by the said D. F. Tayler and H. Shuttleworth, and the expense of the securities and assignment by the said H. Shuttleworth wholly. Witness, E. Tayler. D. F. Tayler. H. Shuttleworth. In May 1839, an action of assumpsit was commenced by D. F. Tayler against H. Shuttleworth for a breach of the said agreement. The pleadings in the cause are to be considered as part of this case, and may, if necessary, be referred to by either parties to the present suit. The cause came on for trial at the Summer assizes for the county of Gloucester 1839, when, by an order of nisi prius, it was ordered by the court, and with the consent of the parties, their counsel and attorneys (a), that the jury should find a verdict for the plaintiff, damages 10,000l., costs 40s., subject to the award or awards thereinafter mentioned; and that it should be referred to the order, abitrament, final end, and determination of W. F., Gent., to settle the cause and all matters in difference between the said parties in the said order mentioned. And it was also ordered that H. Shuttleworth should pay to the said arbitrator, on or before the 10th day of October then next, the sum of 3500l. on account, to be paid out by the arbitrator to such of the said parties in the said order mentioned as he might think fit. The arbitrator was to make one or more (a) i. e. with the consent of the parties, by their counsel and attorneys; but the words “their counsel and attorneys," appear to be wholly unnecessary, if not improper. award or awards, as he might think fit. If the money was not paid as aforesaid to the arbitrator, judgment was to be signed for the damages in the declaration, and execution was to issue for 26371., and costs, and interest thereon from the 6th of August then instant, together with the costs of the reference, and of any award or awards which the arbitrator might then have made; and the arbitrator was to order and determine what should be done by the parties respecting the matters in dispute, who agreed to be bound and concluded by such determination, and to remain contented and satisfied therewith, so as the arbitrator made and published his award or awards in writing concerning the premises, on or before the 4th day of Michaelmas And it was ordered that the arbitrator should be at liberty to enlarge the time for making the same; and that the costs of the cause should abide the event of the said award or awards, to be taxed by the proper officer; and that the costs of the reference should be in the discretion of the arbitrator, who was to direct by whom and in what manner the same should be paid. term then next. This order is to be considered as part of this case, and may, if necessary, be referred to by either of the parties to the present suit. A verdict was entered for the plaintiff damages 10,000l. accordingly. On the 10th October 1839, in pursuance of the said order, H. Shuttleworth paid to the arbitrator the said sum of 3500l. On the 14th December 1839, H. Shuttleworth committed an act of bankruptcy, by neglecting to put in bail within twenty-one days after notice that an affidavit of debt had been filed against him in the court of bankruptcy; and, on the same day, a docket was struck against him. On the same day notice was given to the said arbitrator and 1840. TAYLER ຫ. MARLING, |