ART. 67.] ARBITRATION AND AWARD.

715

2. 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.

Id s 2
1778, c 21, s 9
Time award to
remain in court
before judg-
ment
24 Md 492
3 H & McH 121

To be set aside
for fraud or
surprise

3. 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

Id s 3
1785, c 80, s 11
Cause to be con-
tinued until
award
2 G & J 475 , 3
Gill 190

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.

Death of party
before award
not to abate
action

4. 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 ques-
tion as if appointed by the parties

Id B 4
1781, c 80, s 11
Arbitrator re-
fusing to act,
another to be
appointed

5. 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 re-
turning the same; or the court may, in its discretion, upon motion
of cither 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.

Id s 5
1785, c 80, s 11
When award to
be returned

Court may com-
pel return.

6. In every case where an award shall be made upon such refer-
ence, 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 before judgment is moved for thereon; and the
clerk shall not enter judgment thereon until notice is made to, and
direction is received from, the court; and the court shall always

1874, c 156
Copy of award
to he delivered
to adverse party

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 so-
licitors 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.

ARBITRATION OF DISPUTES BETWEEN EMPLOYERS AND EMPLOYEES.

Court to require
proof of de-
livery before
entering judg-
ment

7. Whenever any controversy shall arise between any corporation
incorporated by this State in which this State may be interested as
a stockholder or creditor, and any persons in the employment or
service of such corporation, which shall, in the opinion of the board
of public works, tend to impair the usefulness or prosperity of such

1878, c 879
Power of board
of public works