1822 - Edocs

17.
arbitratorsor either of them are empowered to issue subp
cnas lor witnesses, under the same regulations as Lae
ie.iisoi' Hie Courts, which shall be obeyed oy ad consta-
bles and "she riffs, ana the witnesses as much b^und to at-
tend asai&eummoned to Court by the clerk.
2 he it J urthev enacted, That, the arourators so chosen
before they enter on the investigation of any matter to
tiiem submitted, si. all take an oatn or affirmation, impar-
tially to determine the controversy submitted to them agreeably
to law, evidence and the equity of* the case, to the
best of their judgment, without favour or affection, which
o; tli may be administered to them by any Judge or Justiceof
the peace of the Territory— i he arbitrators shall
make up their award in writing, under their hands and
sea Is, noting therein the time at which it was made,one fair
copy of which, signed as* aforesaid, shall immediately
upon its being made, be delivered to each of the contendir
;; parties and the original returned by them to the Court
in which the submission was made, at the term next succeeding
the date oft tie award ; provided there be fifteen
days between the date of said award and such Court. The
award so returned, shall be entered of record, and made the
judgment, or decree of the Court, and shall not be invali
dated, set aside or appealed from, unless it shall be made
appear to the Court, that such award was obtained by corruption,
evident partiality, or other undue means; in any
of which cases, if either of the parties shall think himself
aggrieved by the judgment or decree of the Court, upon an
award so improperly obtained, he may appeal therefrom to
the Superior Court, provided it has cognizance thereof,
and provided also, that the said appeal shall be made at the
term at which the award is made, the' judgment of the
Court, and prosecuted as other appeals are.
3. Be itfurther enacted, That no award made by virtue
of this act, shall be liable to be examined into, superseded
or revised, by writ of error, or be set aside by the Court to
which it may be returned for want of form only, uor for other
irregularities, if by such award it manifestly appears
that the suit, matter or controversy submitted, is thereby
finally and certainly decided— provided nevertheless, that
nothing herein contained shall be construed, to take from
Courts of equity their powers over awards,
or umpirages.
arbitraments,
4. he it further enacted, That, the clerk shall be allowed
the same fees for services performed in this act, as, arc
allowed by law for like services in cases of a similar nature
5. Beit furtker*enac ted, That, the arbitrators for their
services si all be entitled to two dollars per day, if demanded,
to be paid jointly by the contending parties, before
Empowered to b
bue subpoenas.
To take an oath
Award in writing^
and under seal.
One copy, deliver
ed to the parties
another returned
to the Court,
Proviso.
Award made judgment
of the Court
No appeal therefrom
without man
ifest fraud, -
Awards not liable
to exception for
want of form.
Proviso.
Clerks feci
Arbitrators all
edS2*l>crd,