ART. 7.] ENFORCEMENT OP AWARD. 61
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.
Ibid. 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.
Ibid. 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, confession or non-suit; and
every award made by arbitrators appointed by any judge or jus-
tice 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 on amicable action between the par-
ties to the same in the court presided over by said judge or jus-
tice 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; 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.
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