Guest and Elias Prestwich had agreed to purchase all the right and interest of the said Thomas Turner of and in the said materials implements fixtures moulds copper plates and machinery at such a price or sum of money as should be fixed thereon by the said Ralph Wedgwood and William Horton or their umpire to be named as aforesaid And further reciting that a dispute had arisen between the said Thomas Turner and the said Timothy Yate Charles Guest and Elias Prestwich respecting the manner in which the said colliery or coalwork had been managed and carried on which dispute or any other difference which might arise pending that reference as a consequence of the investigation of the claims of the respective parties the said parties had agreed should be adjusted and settled by the said Ralph Wedgwood and William Horton or their said umpire to be appointed by them in manner aforesaid It is by the Articles of Agreement now in recital witnessed that as well the said Thomas Turner as also the said Timothy Yate Charles Guest and Elias Prestwich did thereby for themselves severally and respectively and for their several and respective Heirs Executors and Administrators covenant promise and agree to and with each other and to and with his and their Executors and Administrators that they the said parties respectively their respective Executors and Administrators should and would well and truly stand to abide by perform fulfil and keep this award order or determination which the said Ralph Wedgwood and William Horton or their said umpire should make between them as well concerning the said doubt or question concerning the right and interest of the said Thomas Turner of and in the said materials implements fixtures moulds copper plates and machinery and the price or sum of money to be paid him for the same as also concerning the dispute which had arisen or which pending the said reference might arise between the said parties respecting the manner in which the said colliery or coalwork had been managed and carried on so as the award or umpirage be made in writing under the hands of the said Ralph Wedgwood and William Horton or their said umpire within twelve weeks from the date thereof But it was thereby agreed that that Agreement or any clause therein contained or the said award or umpirage to be made in pursuance thereof should not alter or extend to alter the rent and royalty reserved and made payable by the therein recited Agreement but that the same should remain payable upon the terms and conditions therein mentioned And for the true performance of that Agreement each of the said parties bound himself and themselves his and their Executors and Administrators to the other of them his Executors and Administrators mutually and reciprocally in the penalty of One thousand pounds As by the said recited Agreement reference