LAWS OF MARYLAND—1778. 14S
state, shall, by rule of court, and by the consent and agreement
of the parties thereto, be submitted and referred to the award
and arbitrament of any person or persons, it shall and may be
lawful to and for such court lo give judgment upon the award
of the person or persons to whom such submission and reference
shall be made, as of the court to which such award ahall be
returned, and to award execution thereon, in the same manner
as they might do upon verdict, confession or non-suit, and that
such judgment shall have the same effect, to every intent and
purpose, as any judgment upon verdict or confession would
have. |
Court may
give judg-
ment upon
award, &c. |
SEC. 9. Provided always, That such award shall remain
seven days in the general court during their sitting, if returned
to the general court, or four days in the respective county courts
during their sitting, if returned to any county court, after the
return thereof, before any such judgment shall be entered up;
and if it shall appear to the justices of the court to which any
such award shall be returned, within the respective times afore-
said, that the same was obtained by fraud or malepractice, in or
by surprise, imposition or deception of the arbitrators, or with-
out due notice to the parties, or their attorney or attorneys, it
shall and may be lawful for the said court to set aside such
award, and refuse to give judgment thereon. |
Proviso. |
SEC. 10. Provided always, and be it enacted, That if any
cause which hath been referred, or which shall hereafter be
referred, by virtue of this act, either of the parties, or any of
the arbitrators to whom the same is or shall be referred, hath
died, or shall happen to die before any award was or shall be
made, or if the arbitrators, or any of them, have refused or shall
refuse to act, or if after an award made the same hath been or
shall be set aside, that then all that space of time from the
impetration of the original writ in such cause, until the death
of the party or arbitrator, or refusal to act, or setting aside such
award, shall not run, be had, reckoned or estimated, as part of
the time limited for the bringing or prosecuting such suit, and
that this act shall and may be taken advantage of, in bar of the
act of limitation, without any special replication, any thing to
the contrary hereof notwithstanding.
SEC. 11. Ceased with. the general court.
SEC. 12. Confirmatory of former judgments on awards.
SEC. 13. Save rights accrued before the passage of the law. |
Proviso. |
SEC. 14. And, whereas inconveniences have arisen to suitors,
where the judges and justices of the several courts of law in
this state have been divided in opinion: Be it enacted and
declared, That in all actions in any of the courts of common
law of this state, wherein the said judges or justices shall be
divided in opinion, any person affected by such division, in any |
Bill of
exception
may be
taken, &c. |
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