ARBITRATION AND AWARD. 269

complaining and the party complained of shall come before, or agree, by
any writing under their hands, to abide by the determination of any judge
or justice of the peace, it shall and may be lawful for such judge or justice
of the peace to hear and finally determine in a summary manner the matter
in dispute between such parties; but if such parties shall not come before,
or so agree to abide by the determination of such judge or justice of the
peace, but shall agree to submit their said cause of dispute to arbitrators,
appointed under the provisions of this article, then it shall be lawful for
any such judge or justice of the peace, and such judge or justice of the
peace is hereby required, on complaint made before him, and proof that
such agreement for arbitration had been entered into, to appoint arbitrators
for settling the matter in dispute; and such judge or justice of the peace
shall then and there propose not less than two nor more than four persons,
one-half of whom shall be employers, and the other half employees, accept-
able to the parties to the dispute, respectively, who, together with said
judge or justice of the peace, shall have full power finally to hear and
determine such dispute.

As to arbitration by the orphans' court, see art. 93, sec. 266, et seq.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1878, ch. 379, sec. 4.

4. In all such cases of dispute as aforesaid, as in all other cases, if the
parties mutually agree that the matter in dispute shall be arbitrated and
determined in a mode different from the one hereby prescribed, such
agreement shall be valid, and the award and determination thereon by
either mode of arbitration shall be final and conclusive between the parties.

An. Code, sec. 5. 1904, sec. 5. 1888, sec. 5. 1878, ch. 379, sec. 5.

5. It shall be lawful in all cases for any employer or employee, by
writing under his hand, to authorize any person to act for him in submitting
to arbitration and attending the same.

An. Code, sec. 6. 1904, sec. 6. 1888, sec. 6. 1878, ch. 379, sec. 6.

6. Every determination of dispute by any judge or justice of the peace
shall be given as a judgment of the court over which said judge presides,
and of the justice of the peace determining the same; and the said judge or
justice of the peace shall award execution thereon as upon verdict, con-
fession or non-suit; and every award made by arbitrators appointed by any
judge or justice of the peace under the provisions of this article shall be
returned by said arbitrators to the judge or justice of the peace by whom
they were appointed; and said judge or justice of the peace shall enter
the same as an amicable action between the parties to the same in the court
presided over by said judge or justice of the peace, with the same effect as
if said action had been regularly commenced in said court by due process of
law, and shall thereupon become a judgment of said court, and execution
thereon shall be awarded as upon verdict, confession or non-suit; and in all
proceedings under this article, whether before a judge or justice of the peace,
or arbitrators, costs shall be taxed as are now allowed by law in similar
proceedings, and the same shall be paid equally by the parties to the dispute;