Montifiori

delivered the opinion of the court. Wells, Justice, concurred.

*434 There is but one ground of demurrer which I think proper to consider,—the one alleging the incompleteness of the award.

It is urged that the award is not complete, because it was a part of the submission that the referee should find the interest of Reford, and the value of such interest in both the ship and cargo, whereas, he found such interest and value in the ship, and not in the cargo.

The referee reports, however, that he is unable, for want of evidence, to find the value of Reford’s interest in the cargo. This certainly does not render the award incomplete, because it is equivalent, for the purpose'of a legal adjudication, to finding no value whatever.

When parties agree to leave their dispute to an arbitrator, they are presumed to know that his award will be final and conclusive, and they must be required to exercise due diligence in procuring the evidence upon which to base a proper award. In this case it was only necessary for the plaintiffs, after having shown Reford to be the owner of one half the cargo, to have proved the value, and in the absence of anything to the contrary, this would have…