THOMAS SIM LEE, Efquire, Governor.

1793.

And whereas William Whetcroft, for whofe relief the faid act was paffed, hath
conferred to a repeal thereof, upon certain terms and conditions agreed to by the
faid Edward Dorfey, which are herein after expreffed; and this general affembly
are willing to carry into effect the will and intention of the faid parties; there-
fore,

CHAP.
XXXVI.

II. Be it enacted, by the General Affembly of Maryland, That his excellency
the governor for the time being, be and he is hereby authorifed and requefted to
nominate and appoint three perfons of fkill, knowledge and integrity, residents of
this ftate, and unconnected with either of the aforefaid parties by blood, marri-
age, or otherwife, to be arbitrators, for the purpofe of fettling and adjufting the
compenfation, if any, to be paid by the aforefaid Edward Dorfey to the aforefaid
William Whetcroft, for and in confideration of his intereft, under the leafe
executed in purfuance of the act aforefaid, and the improvements on the de-
mifed premifes, taking into confideration all circumftances whatever relative
thereto.

Governor to
appoint per-
fons, &c.

III. And be it enacted, That the arbitrators, or a majority of them, fo nomi-
nated and appointed, fhall have full power and authority, at the requeft of either
party, on giving fifteen days notice, in writing, to the faid parties, to meet at any
place or places they may think proper, for the purpofe aforefaid, and to proceed,
ex parte, on the fubject referred to them, and they fhall alfo be empowered to
iffue fubpoenas for and to compel the attendance of all witneffes required by either
of the parties, by attachment, directed to the fheriff of the county where fuch
witneffes may refide, and alfo to examine either party, on oath, at the requeft of
the other, and to compel the production of neceffary papers in the poffeffion or
power of either party, and material or relative to the fubject in reference, in as
full and ample manner as the court of chancery can do; and the procefs iffued by
the faid arbitrators, under and in virtue of this act, fhall be ferved and obeyed by
thofe to whom the fame fhall be directed, in the fame manner and under the fame
penalties as if allied by a court of law or equity.

Arbitrators to
meet, &c.

IV. And be it enacted, That in fettling and adjufting the aforefaid compenfa-
tion, the faid arbitrators, or a majority of them, may take into confideration all
circumftances whatever, that have taken place from the firft day of January, fe-
venteen hundred and feventy-five, to the prefent time, in their opinion material
to the fubject, and to form their decifion upon principles of juftice, upon a view
of the whole cafe, difclofed on both fides.

Who may
confider all
circum-
ftances, &c.

V. And be it enacted, That if the faid arbitrators, or either of them, fo no-
minated and appointed, fhall die or refufe to ad, or be rendered incapable of act
ing, or neglect to act for the fpace of thirty days, after having notice of their ap-
pointment and being requefted to act by either of the parties, the governor for the
time being is hereby authorifed and requefted, on being applied to either by the
faid Dorfey or Whetcroft, or their reprefentatives, and being fatisfied of fuch
death, refufal, incapacity or neglect, to nominate and appoint another arbitrator,
or other arbitrators, in the place of him or them fo dying, refufing, neglecting,
or rendered incapable as aforefaid, and fo on from time to time, until three arbi-
trators can be found to ad, and finally fettle and adjuft the faid compensation
and any arbitrator or arbitrators fo fubftituted, fhall have the fame power and au-
thority as if originally nominated and appointed, under this ad.

How vacan-
cies are to be
filled.

VI. And be it enacted, That the faid arbitrators, or a majority of them, fhall be
authorifed to afcertain, by their award, not only the amount, if any, of the faid
compenfation, but the time or times at which the fame fhall be paid, and if they
fhall determine that a credit fhall be given therefor, they fhall alfo decide the

manner in which payment fhall be made and fecured.

Arbitrators to
afcertain the
compenfati-
on, &c.

VII. And be it enacted, That if the faid Edward Dorfey fhall not comply
with the terms of the faid award within thirty days after the fame fhall be made
known, or delivered to him, either by paying the money, if any be awarded and

On non-com-
pliance, jude-
ment may be
entered, &c.