Ex parte Vasques.
A submission to arbitration may, within 1 R. L. 125, be made a rule of court, as well after as before the award.
Yasq.ues and M’Reever had submitted certain matters n difference to arbitrators, and agreed that the submission should be made a rule of the Court of Common Pleas of the city and county of New York. The arbitrators having awarded the payment of a sum of money to Tasques, he applied to the Common Pleas for a rule enforcing the award; which the Court declined to grant, on the ground that the submission not being made a rule of Court before the award, the parties should be left to their usual remedy by suit.
A motion was now made for a mandamus, .commanding the Court of Common Pleas to make the submission a rule of Court; and 1 R. L. 125, and Knight v. Carey, (1 Cowen, 39,) and the notes to that case, were cited.
J. M’Kown, for the motion.
[MAJORITY — Curia.]
Curia.
We see no reason for the distinction taken by the Court of Common Pleas. The practice appears to be well settled that the submission may be made a rule oí Q0nrt as well after as before the award. Let an alter native mandamus go.
Rule accordingly.