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![handle is hein.slavery/ssactsengr0912 and id is 1 raw text is: TRINITY TERM, 18 JAC. 1. IN B. R.
sell in private houses, and not in open markets and fairs; and sold such wares, shewing
what in particular, to colour his wandering; and so in formAprcedictd was a vagabond.
And it was thereupon demurred,
First, whether he may be indicted for the offence past, or ought to be only taken
in the mainour, and punished by the justices of peace according to law ?
Secondly, whether by this carrying and selling of wares in the same county where
he inhabits out of fairs and markets, and not elsewhere, he shall be said to be a
rogue within the statutes (a)
And it was adjudged that he should ; for he is a pedlar and wanderer within the
words and intent of the statutes, and may well be indicted and punished as an
offender against the statute. Wherefore it was adjudged against him upon the first
argument.
CASE 6. WILLIAM BUSSFIELD against JOHN BUSSFIELD.
Easter Term, 16 Jac. 1. Roll 2371. In C. B.
An award shall not be intended out of the terms of the submission, unless it be so
averred; but if it contain matter not submitted, it is void as to so much.
Ante, 353.
8 Co. 98. Cro. Car. 217. 1 Roll. Ab. 244. 258. 260. Hut. 29. 3 Lev. 188.
Cro. Eliz. 858.
If a submission be so that the award be ready to be delivered at L. on 5th, &c.
Qucere, If an allegation that it was made at T. on the 4th, adtunc et ibidem. ready to
be delivered at L. is sufficient? Ante, 285.
Error in debt for an hundred pounds, on an award made apud Castrum Eborurn,
upon a submission made 1st December, 13 Jac. 1. of all matters and controversies
betwixt them, ita qu6d the said arbitrament be made under the hands and seals of the
arbitrators ad vel ante the fifth of December following, ready to be delivered at the
shop of George Hill, in the Exchange, London ; and shews, that they made their
arbitrament under their hands and seals apud Castr. Ebor. adtunc et ibid. parat. to be
delivered at the said shop of the said George Hill, in the Exchange, London, and
thereby arbitrated, that John Bussfield should pay to William Bussfield an hundred
pounds; and that one should release to the other all actions and demands from the
28th of November next before; and that they should pay ten shillings to the writer
of the award for his pains.
And it was thereupon demurred ; for it was pretended that here was not any
award according to the submission : for the submission [578] being 1st December,
13 Jac. 1. of all matters and demands before the said time, and it is conditioned. ita
qubd, &e. ; this award to release all demands being before the 28th November, and. so
omitting two days before the submission, there might be divers controversies between
the said time which is not arbitrated ; and therefore it is no award according to the
submission.
Sed non allocatur; for it shall not be intended unless it had been shewn : but if it
had been shewn that there were controversies depending raised in those two (lays,
which were not before, then the arbitrament had been void in all: but for the award
of the ten shillings to be paid to the writer, it was void in this point (a). Wherefore
it was adjudged for the plaintiff. But now error being brought and assigned in
matter of law, the Court of the King's Bench agreed to affirm the judgment.
But it was then moved, that the declaration was not good ; for it is declared,
that they made and delivered their award apud Cashum Eborum, quarto Deeemb. adtunc
et ibid. arat. to be delivered at the shop of George Hill apud London. And it was
(a) Vide the statutes 5 Edw. 6. c. 21. 14 Eliz. c. 5. 39 Eliz. c. 4.-But now by
the 9 & 10 Will. 3. c. 27. and 25 Geo. 3. c. 28. this kind of trading is permitted under
the regulations described in those statutes. See 2 Burn's Jus. 16 edit. p. 472.
(a) Ante, 448. 1 Roll. Ab. 254. Bunb. 250.
494
CRO. JAC. 578.](ViewImageLocal?handle=hein.slavery/ssactsengr0912&div=1&collection=&method=preview&ext=.png&size=3)