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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Session of 1870
Volume 386, Page 16   View pdf image (33K)
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16 ARBITRATION AND AWARD. [ART. 7.

manner, and by the same means, as if adjudged to be paid by a judgment of the
justice who shall act in the premises in a civil suit between the same parties de-
pending before him. A majority of said committee may act in all cases, and a
majority of such majority shall have power to render an award in the name of and
as the act of the committee. No dissenting award or opinions shall be rendered or
placed among the proceedings, or upon the records of the committee or the corpora-
tion; the award of the committee rendered in conformity herewith, and as prescribed
by the by-laws, shall be conclusive on all parties to the submission. It shall in all
cases be in writing, signed by the members of the committee who agreed upon it, and
filed among the proceedings of the committee, but copies shall be given by the sec-
retary, with his attestation and the seal of the corporation attached, to the respec-
tive parties as soon as may be after said award shall have been rendered.

10. That if the parties to any submission shall agree to do so, they may stipulate
as part of said submission, in writing, that the award of the committee rendered in
conformity herewith and with the by-laws, shall stand and avail as against them to
the same effect as a judgment or decree of a court of competent jurisdiction, in
which case either party desiring and entitled to the enforcement of said award, may
file a copy of the same and of the submission, attested under seal by the secretary
of the corporation, for record with the clerk of any court of this state, having juris-
diction of the subject matter, and the person against whom said enforcement is
sought, and thereupon it shall be the duty of said court, on motion or application,
exparte, at any time after ten days from the filing of the award, to enter judgment
or decree thereupon, as^upon a final award made by referees under rule of court;
upon which judgment or decree, execution shall issue without stay. No matter
affecting the title of real estate, however, shall be submitted to or be arbitrated by
the said committee under this or the preceding section, but the committee may di-
rect in its award the payment of the costs and expenses of the arbitration, and the
amount thereof shall be embraced as a principal sum in the judgment or decree to
be rendered; if awarded, to be paid by the party against whom such judgment or
decree is sought. No judgment or decree, rendered on any award under this act,
shall be liable to be stayed, except upon allegation, under oath of the defendant of
manifest fraud in the procurement or rendition of the award, or of a material and
substantial failure of the committee, specifically alleged and set forth, to comply
with the by-laws of this act in the hearing and determination of the matters sub-
mitted; nor shall any such judgment or decree be quashed, modified or stricken
out, except upon satisfactory proof of the matters so required to be so alleged.
Neither shall there be any appeal in any case from the original judgment, order or
decree, whereby, after a hearing of the allegations and proofs as aforesaid, the said
original judgment or decree shall be maintained.

 

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Supplement to the Maryland Code, Containing the Acts of the General Assembly, Passed at the Session of 1870
Volume 386, Page 16   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


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