Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-25

pursuance to the foregoing provisions, or a
majority OF them. shall proceed with dill
gence to hear and determine the matters
IN controversy: They shall appoint a
place and time for hearing and adjourn the
sary, but the first hearing shall be within
ten days of the submission of the case, and
on the application of either party, and for
good cause, they may postpone such hear
ing from time to time, not extending be-
yond sixty days from the submission of the
case, except by consent in writing Of the
parties to the suit.
SEC. 8. Before proceeding to hear any
testimonyAih the cause, the arbitrators shall
be sworn to faithfully hear and determine
the cause, and to make a true and just
award, according to the best of their under.
standing which oath may be administered
by any officer authorized to administer
oaths.
SEC. 4. The clerk of the district court,
or any justice of the peace, In any county
Of this state, may issue subpenas for the
attendance Of witnesses before arbitrator;
If any witness after being duly summoned
shall fail to attend, the arbitrators may is.
sue an attachment to compel his atten.
dance, and the said witness shall more.
same as in trials at law. Any arbitrator
may administer oaths and they may pun
ish contempts committed in their presence
during the hearing of q cause, the same as
q court of record, n may admit DISPOSE
tiOns to be read in evidence the same as in
trials at law.
SEC. {. The award of the arbitrator, or
a majority of them, shall be drawn w in
writing and signed by such arbitrator, OF
a majority of them, and a true copy OF
such award shall without delay be de.
livered to each of the parties thereto
SEC. &. II either of the parties shallneg'
lect to comply with the said award the other
party may, at any time within one year
from the time of such failure, file such
award together with the submission or arbi:
tration bond in the court named in the sub.
mission.
SEC. z. The party filing such award may
at the next term after such filing, by giving
four days notice OF his intention to the op.
posite party, and if no legal exceptions are
taken to such award, or other proceedings
have final Judgment thereon, as on the yer.
dict of a jury, for the sum specified in said
award to be due, together with the costs OF
arbitration, and of the court, and execution
may issue therefor as in other cases.
Skc.8 s. When the award requires the
performance of any act other thar the pay.
ment of money, the court rendering such
judgment shall enforce the same by rule
and the party refusing or neglecting to
comply with such rule may be proceeded
against oy attachment, or otherwise, as fol
contempt.
SEC. 8. If any legal defects appear in
the award, or other proceedings, or if il
shall be made to appear on oath or afr
nation that said award was obtained by
fraud, corruption or other undue means
said court may set aside such award.
SEC. 10. If there be any evident mis-.
calculation or miSdescriptiOn, or if the arbi.
traitors shall appear to have awarded upon
matters not submitted to them not affect
ing the merits of the decision upon the
matters submitted, or when the award shall!
be imperfect in some matters of form moi
affecting the merits of the controversy, and
when such errors and defects, if in a YER
dict, could have been lawfully amended or
disregarded by the court, any party
agrieved may move the court to modify OF
correct such award.
SEC. II. Application to set aside, modify
or amend such award, as provided in the
two preceding sections, may be made be
fore the entry of final Judgment on such
award; provided, nothing herein contained
shall be- so construed as to deprive courts
OF %chancery of their jurisdiction as in other
cases.
SEC. ~. Writs of error and appeals may
be taken from any decision Of the court, by
other cases, and if the supreme court shall
remand the case such further proceedings
shall! be had as the nature of the case may
require.
SEC. Is. Each arbitrator shall be allowed
for each days attendance to the business
OF his appointment, two dollars, to De pait
in the first instance by the party in whose
favor the award shall be made, but to be
recovered of the other party with the Other
costs of suit If the award or final decision
shall entitle the prevailing party torecovel
costs. Witnesses shall receive the sam
fees for attendance In arbitratiOnS as shall
be allowed them in the circuit district
courts. SheritfS, constables, clerks, anu
! justices of the peace shall be- entitled tt
the same fees tor services performed in re
latiOn to any arbitration as shall be allow
ed by law for the like services in theil
respective counties.
Sec. IA. Arbitrators may be compelled
by order OF the court in which any cause
submitted to them shall be pending to pro.
coed to a hearing thereof and TO make re.
port without Unnecessary delay.
SEC. ID. When any cause pending in
any court shall be referred. as herein pro.
vided, an entry of such reference shall bt
made on the record, and day shall be given
to the parties from time to time until the
arbitratOrs report. or they may be thereof
discharged on filing such report.
Sec. IL. All persons having a requisite
legal capacity, may by an instrument in
writing to be signed and sealed by them
submit to one or more arbitrators any con.
troversy existing between them, not in
suit, and may in such submission agree
that a Judgment of any court of record
competent to have jurisdiction of the sub
ject matter to be named in such instrument
shall b. rendered upon the award made
pursuant to such submission.
SEC. IT, Upon a submission under the
foregoing section the arbitrator shall take
the same oath and may compel the attend
ance of witnesses and shall proceed in the
same name as if the submission had been
made in a cause of pleading.
Sec. Is. The award and instrument OF
submission may be filed in a court of re-
cord of competent jurisdiction within the
same time and upon like conditions, and
| notice and proceedings had Hereunder
and judgment entered the same as if the
award had been made in a suit pending in
such court.
SEC. 10. All acts and parts of acts con.
aicting with the provisions of this act are
hereby appealed.
Approved March 20, 1890.
TO LICENSE PEDDLING.
An Act to License Peddling and Prescribing
Penalties for the Violation Thereof.
Be it Enacted By the Legislative assembly of he
State of North Dakota:
SECTION /. 1t shall be unlawful for any
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