PLEADINGS, PRACTICE AND PROCESS AT LAW 2823

Arbitration and Award.

An. Code, 1924, sec. 50. 1912, sec. 46. 1904, sec. 46. 1888, sec. 45. 1778, ch. 21, sec. 8.

50. 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 sub-
mitted and referred to the award and arbitrament of any person or per-
sons, and the court may give judgment on the award of the person or per-
sons to whom such submission and reference shall be made as of the term
to which said award shall be returned and award execution thereon as upon
verdict, confession or non-suit.¹

An arbitration under this and following sections upheld. Under what circumstances
award will be set aside. Dominion Marble Co. v. Morrow, 130 Md. 258.

This and following sections are remedial laws and to be construed liberally. The
power of the arbitrators depends upon terms of their appointment. How judgment
will be entered on award, and enforced. Shriver v. State, 9 G. & J. 11.

An award cures many defects in the pleading; technical exceptions waived. The
arbitrator has nothing to do with the particular issue joined in court. The reference
is of whole case to be tried on merits. Ing v. State, 8 Md. 295.

The award to be binding must be concurred in by all arbitrators, unless the reference
provides to contrary. Effect of a failure of arbitrators to agree. Harryman v. Harryman,
43 Md. 140.

This and the following sections are applicable only to cases pending at law, and not
to cases in equity. Phillips v. Shipley, 1 Bl. 516.

Under this section and "the approved custom of the court," referees have power
to examine evidences on oath by consent of both parties. Contee v. Dawson, 2 Bl.
276; Bushey v. Culler, 26 Md. 534.

While due notice of time and place for hearing cause should be given by referees,
it need not appear upon face of award that such notice was given. Practice. The
award is to be taken as prima facie regular. Various alleged irregularities in an award
overruled. Rigdon v. Martin, 6 H. & J. 403; Lutz v. Linthicum, 8 Pet. 165. And see
Thornton v. Carson, 7 Cranch, 596; Alexandria Canal Co. v, Swann, 5 How. 83.

For cases held not to be within the purview of this and the following sections, see
Wisner v. Wilhelm, 48 Md. 12; State v. Jones, 2 Gill, 59.

For a form of declaration on an award, see sec. 28, sub-sec. 23.

As to arbitration and award, see also art. 7, and art. 93, sec. 267, et seq.

An. Code, 1924, sec. 51. 1912, sec. 47. 1904, sec. 47. 1888, sec. 46. 1778, ch. 21, sec. 9.

51. 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.

No reasons are good on a caveat to an award, except such as are specified in this
section, and those apparent on face of award. Northern Central Ry. 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. 50.

An. Code, 1924, sec. 52. 1912, sec. 48. 1904, sec. 48. 1888, sec. 47. 1785, ch. 80, sec. 11.

52. All causes so referred shall be continued until an award is re-
turned ; 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 rea-
sonable notice to the person succeeding to the interest of the deceased in
the matter in contest, and not being a minor, the arbitrators shall pro-
ceed to a determination and return their award, upon which judgment may
be entered notwithstanding the death of either of the parties.

¹ No attempt is made in this or the following sections to annotate the cases dealing
with the conduct of arbitrators or the ratification of awards, apart from express statutory
reference—see Md. Digest.