1660 PLEADINGS, PEACTICE AND PROCESS AT LAW. [ART. 75

and if it shall appear to the court within that time that the same was
obained by fraud or malpractice in, or by surprise, imposition or decep-
tion of the arbitrators, or without due notice to the parties or their
attorneys, the court may set aside such award and refuse to give judg-
ment thereon.

No reasons are good on a caveat to an award, except such as are specified
in this section, and those apparent on the face of the award. Northern
Central Ey Co. v. Canton Co., 24 Md. 506; Ing v. State, 8 Md. 293; Dorsey v.
Jeoffray, 3 H. & McH. 121; Tillard v. Fisher, 3 H. & McH. 118.
Exceptions to an award held sufficient. Johnston v. George, 6 Md. 456.
See notes to sec. 46.

1904, art. 75, sec. 48. 1888, art. 75, sec. 47. 1860, art. 7, sec. 3. 1785, ch. 80, sec. 11.
48. All causes so referred shall be continued until an award is
returned; and if the death of either of the parties happens before 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.

The omission to enter the continuances is merely clerical, and the court
of appeals may correct the error without sending the record back. Shriver
v. State, 9 G. & J. 14.

The death of one of the parties to the arbitration, is Immaterial in view
of this section. Turner v. Maddox, 3 Gill, 194; Price v. Tyson, 2 G. & J. 475.
See notes to sec. 46.

Ibid. sec. 49. 1888, art. 75, sec. 48. 1860, art. 7, sec. 4.
1785, ch. 80. sec. 11.

49. If any arbitrator appointed by the parties upon any reference
as aforesaid shall die or refuse to act, the court shall, upon motion of
either of the parties, appoint an arbitrator or arbitrators in his place,
who shall have the same power to decide the matter in question as if
appointed by the parties.
See notes to sec. 48.

Ibid. sec. 50. 1888, art. 75, sec. 49. 1860, art. 7, sec. 5.
1785. ch. 80, sec. 11.

50. 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 returning the same,
or the court may in its discretion, upon motion of either of the parties,
reinstate the cause and take such order therein as the court may think
proper to have the same fairly tried in court in the same manner as if
it had never been referred.

When a time is limited by the reference for a completion of the award,

the failure to return the award in time may be waived by consent of the

parties. Shriver v. State, 9 G. & J. 15.