158 LAWS OF MARYLAND [CH. 36
arbitrators exceeded other powers or (3) the arbitrators failed to
give proper notice of the hearing or to hear material evidence or
otherwise wrongfully conducted the hearing so as to prejudice
substantially the rights of a party. The fact that the arbitrators did
not apply the rules of evidence, or that relief was such that it could
not or would not be granted by a court is not ground for vacating
the award.
SEC. 47. And be it further enacted, That Section 20 of Article 75
of the Code, title "Pleadings, Practice and Process at Law", sub-title
"III. Practice", sub-heading "Arbitration and Award"; Section 37 of
Article 75 of the Code, title "Pleadings, Practice and Process at
Law", sub-title "III. Practice", sub-heading "Ejectment"; Section 40
of Article 75 of the Code, title "Pleadings, Practice and Process at
Law", sub-title "III. Practice", sub-heading "Extending Judgments";
and Section 56 of Article 75 of the Code, title "Pleadings, Practice
and Process at Law", sub-title "III. Practice", sub-heading "Replevin"
be and they are hereby repealed and re-enacted, with amendments, to
read as follows:
20.
If an award shall not be returned within [eight months after
the cause has been referred] the time fixed by the court, 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] make 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.
37. [It shall not be necessary in the execution of any warrant
of resurvey to locate by actual survey the whole of any tract or
parcel of land; but it shall be sufficient to locate by actual survey
the beginning or any call or other object by which the location
of the tract may be proved and such portion of the lines connected
therewith as may be necessary to show the parts of the land in
controversy and the questions to be tried and proved by witnesses
to be examined in the cause; and all other lines and objects may
be located by protraction on the plats by the party making the
survey; and such locations by protraction when made by either
party shall be conclusive evidence of the corrections of any object
or line so located, unless the same shall be differently located by
the other party either by actual survey or by protraction; and in
case it is so differently located, the jury shall judge between said
locations; and all locations by protraction shall be made by course
and distance according to the description of the lands so located,
to be shown and proved by some patent, deed, or other paper to be
given in evidence and shall be connected by the course and distance
of some title paper or other competent evidence, with lines and
objects located by actual survey; but in making locations by pro-
traction, the surveyor may correct by protraction to calls for corners
or objects already located on the plats, either by actual survey or by
protraction, and the surveyor shall hereafter return only three
copies of the plats and certificates of survey; and it shall not be
necessary in said certificates to incorporate any tables of courses
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