2786 INDEX TO THE

Page.

REFERENCE.

In causes referred, judgment to be given on the award, and to have the

same effect as in cases of verdict — October, 1778, ch. 21, sec. 8, .

142

The award, after the return, shall remain seven days in the general

court, or four days in the county courts, before judgment is moved

for — October, 1778, ch. 21, sec. 9, ......

143

The courts may set aside such award and refuse to give judgment

thereon, if it appears within these respective terms,

That the award was obtained by fraud or mal-practice in their arbi-

trators,

By surprise, imposition or deception, on them,

Or without due notice to the parties or their attorneys — October, 1778,

ch. 21, sec. 9, ..........

143

In any cause referred, if a party or an arbitrator has died or shall die

before the making of an award, or if any arbitrator has refused or

shall refuse to act, or if an award hath been or shall be set aside,

then all the time from the original writ until such death, refusal or

setting aside the award, shall not run or be reckoned as part of the

time limited for bringing such suit — October, 1778, ch. 21, sec. 10,

143

This act may be used in bar of the act of limitation without a special

replication — October, 1778, ch. 21, sec. 10, .

143

Causes referred shall continue till an award is returned — 1785, ch. 80,

sec. 11, ...........

233

Shall not abate by the death of a party before an award returned and

judgment thereon, but on reasonable notice to the representative,

&c. (not being a minor,) the arbitrators may proceed to an award,

and a judgment thereon shall he sufficient, notwithstanding such

death— 1785, ch. 80, sec. 11, .......

233

On the death of an arbitrator or arbitrators, or refusal to act, the court

shall, on motion, appoint another or others, who shall have the same

powers to decide— 1785, ch. 80, sec. 11, .

233

If an award is not returned within eight months from the reference, the

court may, by order, compel the arbitrators to return one, or give

their reasons — 1785, ch. 80, sec. 11, .

233

Or they may reinstate the cause, and take order for a trial in court as

if the cause had not been referred — 1785, ch. 80, sec. 11,

233

The party in whose favour an award is returned shall cause a copy to

be delivered to the adverse party, or his attorney, three days before

a judgment is moved for — 1785, ch. 80, sec. 11, .

233

The court shall have proof by the party's oath or affirmation, or other-

wise, of the delivery of the copy as aforesaid, before they shall

direct such judgment to be entered — 1785, ch. 80, sec. 11, .

233

The clerk shall not enter judgment on any award without a motion to

and direction from the court — 1785, ch. 80, sec. 11,

233

REGISTER IN CHANCERY.

See CHANCERY.