2824 ARTICLE 75

The omission to enter continuances is merely clerical, and court of appeals may
correct error without sending 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. 50.

An. Code, 1924, sec. 53. 1912, sec. 49. 1904, sec. 49. 1888, sec. 48. 1785, ch. 80, sec. 11.

53. 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. 52.

An. Code, 1924, sec. 54. 1912, sec. 50. 1904, sec. 50. 1888, sec. 49. 1785, ch. 80, sec. 11.

54. 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, rein-
state 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 reference for completion of award failure to return award
in time may be waived by consent of parties. Shriver v. State, 9 G. & J. 15.

An. Code, 1924, sec. 55. 1912, sec. 51. 1904, sec. 51. 1888, sec. 50. 1785, ch. 80, sec. 11.

1874, ch. 156, sec. 6.

55. In every case where an award shall be made upon such reference
the party in whose favor the award shall be given shall cause a copy thereof
to be delivered to the adverse party or his attorney at least three days be-
fore judgment is moved for thereon, and the clerk shall not enter judg-
ment thereon until motion is made to and direction is received from the
court, and the court shall always have satisfactory proof by the party's
own oath or otherwise that a copy has been delivered to the adverse party
or his attorney before judgment shall be entered thereon, unless the parties
or their solicitors file a written agreement waiving or admitting notice and
assent to judgment on the award, in which case the court, or one of the
judges thereof, may either in term time or in recess order the judgment
on the award to be entered.

Cases by Consent.

An. Code, 1924, sec. 56. 1912, sec. 52. 1904, sec. 52. 1888, sec. 51. 1888, ch. 410.

56. Parties may, if they think fit, enter into an agreement in writing,
which may be filed and docketed as a case inter paries, that, upon the find-
ing in the affirmative or negative by a jury a certain issue or issues recited
in said agreement, a sum of money fixed by the agreement, or to be ascer-
tained by the jury upon a question inserted in the issue for that purpose,
shall be paid by one of such parties to the other of them either with or
without the costs of the action.

Cited but not construed in Darnall v. Connor, 161 Md. 211.

As to a special ease stated, see sec. 133.