ART. 75.] PRACTICE—ARBITRATION AND AWARD. 1123

shall not abate, but upon reasonable notice to the person succeed-
ing 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.

Tillard v. Fisher, 3 H. & McH. 121. Price v. Tyson, 2 G. & J. 475. Shriver
v. State. 9 G. & J. 1. Turner v. Maddox, 3 Gill, 190.

P. G. L., (1860,) art. 7, sec. 4. 1785, ch. 80, sec. 11.

48. If any arbitrator appointed by the parties upon any refer-
ence 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.

Tillard v. Fisher. 3 H. & McH. 121. Price v. Tyson, 2 G. & J. 475.

Ibid. sec. 5. 1785, ch. 80, sec. 11.

49. 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.

Ibid. sec. 6. 1785, ch. 80, sec. 11. 1874, ch. 156, sec. 6.

50. 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 before judgment is moved for thereon;
and the clerk shall not enter judgment 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 ad-
mitting 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.