1662 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75

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.

1888, art. 75, sec. 49. 1860, art. 7, sec. 5. 1785, ch. 80, sec. 11.
50. If an award shall not be returned within eight months
after the cause has been referred, the court may, by order,
compel the abitrators to return their award or give their
reason for not returning the same, or the court may in its dis-
cretion, 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. 50. 1860, art. 7, sec. 6. 1785, ch. 80, sec. 11.

1874, ch. 156, sec. 6.

61. 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 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.

Ibid. sec. 51. 1888, ch. 410.

52. Forties 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 finding in the affirmative or negative by
a jury of a certain issue or issues recited in said agreement,
a sum of money fixed by the agreement, or to be ascertained
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.