| Volume 194, Page 839 View pdf image (33K) |
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9 & 10 W. 3, CAP. 15, ARBITRATION. 839 Witnesses thereunto, or any one of them, in the Court of which the same is agreed to be made a Rule, and reading and filing * the said Affidavit in Court, be entred of Record in such 616 Court, and a Rule shall thereupon be made by the said Court, that the Parties shall submit to, and finally be concluded by, the Arbitration or Umpirage which shall be made concerning them by the Arbitrators or Umpire, pursuant to such Submission; and in case of Disobedience to such Arbitration or Umpirage, the Party neglecting or refusing to perform and execute the same, or any part thereof, shall be subject to all the Penal- ties of contemning a Rule of Court, when he is a Suitor or Defendant in such Court, and the Court on Motion shall issue Process accordingly, which Process shall not be stopped or delayed in its Execution, by any Order, Rule, Command, or Process of any other Court, either of Law or Equity, unless it shall be made appear on Oath to such Court, that the Arbitra- tors or Umpire misbehaved themselves, and that such Award, Arbitration, or Umpirage, was procured by Corruption, or other undue Means. II. And be it further enacted by the Authority aforesaid, That any Arbitration or Umpirage procured by Corruption, or undue means, shall be judged and esteemed void and of none effect, and accordingly be set aside by any Court of Law or Equity, so as Complaint of such Corruption or undue Practice be made in the Court where the Rule is made for Submission to such Arbitration or Umpirage, before the last Day of the next Term after such Arbitration or Umpirage made and pub- lished to the Parties; any thing in this Act contained to the contrary notwithstanding. I. Merchants and Traders, &c. desiring to end Controversies by Ar- bitration, may agree their Submission of the Suit to the Award of any Person. Agreement so made to be inserted in their Submission, &c. Parties to be finally concluded by such Arbitration. In case of disobedience, Party neglecting subject to Penalty, &c., unless Arbitrators misbehaved themselves. II. Corrupt Arbitration void, and may be set aside, &c. This Statute 1 is omitted by Kilty from the number of those found ap- 1 This Statute was extended by various English acts beginning with 3 & 4 W. 4, c. 42. It was finally repealed by the Arbitration Act of 1889, (52 & 53 Vict., c. 49), which also repealed, amended and consolidated all |
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| Volume 194, Page 839 View pdf image (33K) |
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