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LAWS OF MARYLAND.— 1785.

those dying or refusing to act, and any arbitrator or arbitrators
so appointed shall have the same power and authority to decide
the matter in question, as if appointed by the parties ; and if an
award be not returned within eight months after the cause may
be referred as aforesaid, the court from which such cause shall
be referred, may, by order, compel the arbitrators to return
their award, or give their reasons for not returning an award,
or the court may, in their discretion, upon motion of either of
the parties, reinstate the cause, and take such order therein as
they may think proper, to have the same fairly tried in court, in
the same manner as if such cause never had been referred ; and
in all cases where awards may be made upon references afore-
said, the party in whose favour the award is given shall cause
a copy thereof to be delivered to the adverse party or his attor-
ney, at least three days before judgment is moved for upon such
award, and the clerk of the court shall not enter judgment upon
any award returned without a motion to and direction from the
court, and the court shall always have satisfactory proof by the
party's own oath, or affirmation, as the case may be, or other-
wise, that a copy of the award hath been delivered to the
adverse party or his attorney as aforesaid before judgment shall
be directed to be entered on any award.
As to awards under the orphans' court, see 1798, ch. 101 ; 1834, ch. 228 j
see ante page 141, October, 1778, ch. 21, as to references of actions.

Court may
order ac-
counts to be
audited, &c.

SEC. 12. And be it enacted, That in all actions brought, or
hereafter to be brought, in any court of law of this state,
grounded upon an account, or in which it may be necessary to
examine and determine on accounts between the parties, it
shall and may be lawful for the court where such action may
be or remain for trial to order the accounts and dealings
between the parties to be audited and stated by an auditor
or auditors to be appointed by such com t, and there shall be
such proceedings thereon as in cases of actions of accounts.

Jury may
find the aura
due, &c.

SEC. 13. And be it enacted, That in all cases of actions
brought for the penalty of any bond, bill, covenant or contract,
with penalty, the jury may, under the direction of the court,
upon the plea of payment, or performance of the conditions or
terms of the contract, ascertain, and by their verdict find, what
sum of money or tobacco is really and justly due to the plain-
tiff, and upon such finding, judgment shall be entered by the
court for the penalty, to be released upon payment of the sum
of money or tobacco so found to be due, and interest on the
same until paid, and costs of suit; and the sum really due as
aforesaid, or in any other manner ascertained, upon bonds and
other instruments of writing with penalty, shall be considered
in law as the true debt, and shall be so pleaded by and allowed
to executors, administrators, and others.