40 ARBITRATION AND AWARD. [ART. 7.

ARTICLE VII.
Arbitration and Award.

SEC. 1. Any cause instituted in any of the courts of this State
may, by rule of court and by consent and agreement of the
parties thereto, be submitted and referred to the award and
arbitrament of any person or persons, and the court may give
judgment on the award of the person or persons to whom such
submission and reference shall be made, as of the court to which
said award shall be returned, and award execution thereon as
upon verdict, confession or nonsuit.

2. Such award shall remain four days in court during its sitting
after the return thereof before any judgment shall be entered
thereon, and if it shall appear to the court within that time that
the same was obtained by fraud or malpractice in, or by surprise,
imposition or deception of the arbitrators, or without due notice
to the parties or their attorneys, the court may set aside such
award and refuse to give judgment thereon.

3. All causes so referred shall be continued until an award is
returned; and if the death of either of the parties happens be-
fore an award is returned and judgment thereon, the cause shall
not abate, but upon reasonable notice to the person succeeding
to the interest of the deceased in the matter in contest, and not
being a minor, the arbitrators shall proceed to a determination
and return their award, upon which judgment may be entered,
notwithstanding the death of either of the parties.

4. If any arbitrator appointed by the parties upon any refer-
ence as aforesaid shall die or refuse to act, the court shall, upon
motion of either of the parties, appoint an arbitrator or arbitra-
tors in his place, who shall have the same power to decide the
matter in question as if appointed by the parties.

5. If an award shall not be returned within eight months after
the cause has been referred, the court may, by order, compel the
arbitrators to return their award or give their reason for not re-
turning the same, or the court may in its discretion, upon motion
of either of the parties, reinstate the cause, and take such order