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wise, or a majority of them, may require any person to attend before them as a witness; and they have, and each of them has, the same powers, with respect to all the proceedings before them, which are conferred, by the provisions of title second of chapter ninth of this act, upon a board, or a member of a board, authorized by law to hear testimony.
Id., 86, and part of 5. See Wells v. Collier, 1 N. Y. Leg. Obs. 189; People v. Townsend, 5 How. 315; Cope v. Gilbert, 4 Denio, 317; Bullock v. Koon, 4 Wend. 531 ; 8. C. , 9 Cow. 30; Bergh v. Pfeiffer, Hill' & Denio, 110; 8. C., 2 N. Y. Leg. Obs. 387.
§ 2371. All the arbitrators to meet ; when majority may award. Fees.-All the arbitrators, selected as prescribed in this title, must meet together, and hear all the allegations and proofs of the parties ; but an award by a majority of them is valid, unless the con. currence of all is expressly required in the submission. Unless it is otherwise expressly provided in the submission, the award may require the payment, by either party, of the arbitrators' fees, not exceeding the fees allowed to a like number of referees in the supreme court; and also their expenses.
Id., 87. See Edson v. Gager, 5 Cow. 383; Campbellv. Western, 3 Paige, 124 ; Crofoot v. Allen, 2 Wend. 494 ; Snediker v. Pearson, 5 Ch. Dec. 41 Amsterdam v. Vanderveer, 4 Denio, 249; Doke v. James, 4 N. Y. 567 Boughton v. Seamans, 9 Hun, 392 ; Locke v. Filley, 14 id. 139; Bulson o. Lohnes, 29 N. Y. 291; Fallon v. Kellehar, 16 id. 266; Jones v. Welwood, 71 id. 208; Hiscock v. Harris, 74 id. 108.
$ 2372. Award; to be authenticated, etc.—To enti. tle the award to be enforced, as prescribed in this title, it must be in writing; and, within the time limited in the submission, if any, subscribed by the arbitrators making it ; acknowledged or proved, and certified, in like manner as a deed to be recorded ; and either filed in the office of the clerk of the court, in which, by the submission, judgment is authorized
be entered upon the award, or delivered to one of the parties, or bis ato torney.
Id., 88, and part of 89. Owen v. Boerman, 26 Barb. 187 ; Stanton ». Henry, 11 Johus. 133; Ocean House Corporation v. Chippu, 5 Hun, 419.
2373. Motion to confirm award.—At any timo within one year after the award is made as prescribed in the last section, any party to the submission may apply to the court, specified in the submission, for an order confirming the award; and thereupon the court
must grant such an order, unless the award is vacated modified or corrected, as prescribed in the next two sections. Notice of the motion must be served, upon the adverse party to the submission, or his attorney, as prescribed by law for service of notice of a motion upon an attorney in an action in the same court. In the su. preme court, the motion must be made within the judicial district, embracing the county where the judge ment is to be entered.
Id., remainder of 89. Anonymous, 6 Wend. 520; see Bissell v. Morga?, 56 Barb, 369.
$ 2374. Id.; to vacate award.—In either of the fol. lowing cases, the court, specified in the submission, must make an order vacating the award, upon the appli. cation of either party to the submission :
1. Where the award was procured by corruption, fraud, or other undue means.
2. Where there was evident partiality or corruption in the arbitrators, or either of them.
3. Where the arbitrators were guilty of misconduct, in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence, pertinent and material to the controversy ; or of any other misbe. havior, by which the rights of any party have been pre. judiced.
4. Where the arbitrators exceeded their powers, or so imperfectly executed them, that a mutual, final, and definite award, upon the subject matter submitted, was not made.
Where an award is vacated, and the time, within which the submission requires the award to be made, has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
Id., & 10, and part of & 13, Williams v. Goodrich, 4 Den. 194; Bergh a Pfeiffer, Lalor, 110; Perkins v. Giles, 50 N. Y. 223; 8. C., 53 Barb. 342; Ketchum v. Woodruff, 24 id. 147; Turnbull v. Martin, 2 Daly, 428; 8. C., 37 low. Pr. 20; Leach v. Weeks, 2 Abb. Pr. N. S. 269; Cranston o. Kenny's Ex'rs, 9 Johns. 212; McKinney v. Newcomb, 5 Cow. 425; Emmett . Hoyt, 17 Wend. 410; Fudikar v. Guardian Mut. L. Ins. Co., 45 How. Pr. 462; Smith v. Cutler, 10 Wend. 589; Van Cortlandt v. Under hill, 17 Johns. 405; Shepherd v. Merrill, 2 Johns. Ch. 276; Todd v. Bar. low, id. 551 ; Tappan v. Heath, 1 Paige, 293; Morris Run Coal Co. t. Sait Company of Onondaga, 58 N. Y. 667; De Castro v. Brett, 56 How.Pr. 484; Smith v. Cooley, 5 Daly, 401; Halstead v. Seaman, 52 How. Pr. 415; Jones v. Welwood, 71 N. Y. 208; Smith v. Sweeny, 35 id. 291.
$ 2375. Id. ; to modify or correct award. In either of the following cases, the court, specified in the sub
mission, must make an order modifying or correcting the award, upon the application of either party to the submission :
1. Where there was an evident miscalculation of figures, or an evident mistake in tho description of any person, thing, or property, referred to in the award.
2. Where the arbitrators have awarded upon a mat. ter not submitted to them, not affecting the merits of the decision upon the matters submitted.
3. Where the award is imperfect in a matter of form, not affecting the merits of the controversy, and, if it had been a referee's report, the defect could have been amended or disregarded by the court.
The order may modify and correct the award, so as to affect the intent thereof, and promote justice between the parties.
Id., 8211 and 13. Shepherd v. Merrill, 2 Johns. Ch. 276; Todd v. Bar. low, id: 551 ; Campbell . Western, 3 Paige, 124; also, cases cited under Last section; Dibble v. Camp, 60 Barb. 130; Smith v. Cutler, 10 Wend, 590; Bouck v. Wilber, 4 Johns, Ch. 405.
$ 2376. Motions; when to be made.-Notice of a motion to vacate, modify or correct an award, must be served upon the adverse party to the submission, or his attorney, within three months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action. For the purposes of the motion, any judge, who might make an order to stay the proceedings, in an action brought in the same court, may make an order, to be served with the notice of motion, staying the proceedings of the ad. verse party to enforce the award.
Id., 12. Smith v. Cutler, 10 Wend. 590; 1 Burr. Pr. 333, 352; Morss o. Osborn, 64 Barb. 543; Matter of Williams, 4 Den. 194; Mayor of N. Y. v. Buller, 1 Barb. 325; French v. New, 20 id. 481; Campbell v. Western, 3 Paige, 124 ; Farrington v. IIamblin, 12 Wond. 212; Briggs w. Smith, 20 Barb. 409; Cole v. Blunt, 2 Bosw. 116, 121; Anonymous, 5 Wend. 102; Anonymous, 6 id. 520 ; Smith v. Cutier, 10 Wend. 590; Bergh v. Pfeiffer, Hill & Den. 110; S. C., 2 N. Y. Leg. Obs. 387 ; Burnside v. Whitney, 21 N. Y. 148; s, C., 24 Barb. 632.
§ 2377. Costs on vacating award.— Where the court vacates an award, costs, not exceeding twenty-five dol. lars and disbursements, may be awarded to the prevail. ing party; and the payment thereof may be enforced, in like manner as the payment of costs upon a motion in an action,
Id., & 19, amended.
$ 2378. Judgment on award; when and how en. tered. Costs.-Upon the granting of an order confirm. ing, modifying, or correcting an award, judgment may be entered in conformity therewith, as upon a referee's report in an action, except as is otherwise prescribed in this title. Costs of the application, and of the proceed. ings subsequent thereto not exceeding twenty-five dol. lars and disbursements, may be awarded by the court, in its discretion. If awarded, the amount thereof must be included in the judgment.
Id., & 14, amended. Hollenbeck v. Flemming, 6 Hill, 303; Cope v. Gil. bert, 4 Den. 347; Bloomer v. Sherman, 5 Paige, 575; Bank of Monroe v. Widner, 11 id. 529 ; Merritt v. Thompson, 27 N. Y. 225; Jones v. Cuyler, 16 Barb, 576 ; Green v. Patchin, 13 Wend. 293; Silmserv. Redfield, 19 id. 21; Diedrick v. Richley, id. 108; Manning v. Pratt, 18 Abb. 344 ; Ocean House Corporation 1. C'hippu, 5 Hun, 419; Matter of Supervisors of Onondaga v. Briggs, 3 Den. 173; Amsterdam v. Vanderveer, 4 Denio, 249; Clark v. Dewey, 5 Johns. 251; Waterman v. Van Benschoten, 13 id. 425; Wickham v. Seely, 18 Wend. 649.
§ 2379. Judgment-roll.-Immediately after entering judgment, the clerk must attach together and file the following papers, which constitute the judgment-roll :
1. The submission; the selection or appointment, if any, of an additional arbitrator, or umpire; and each written extension of the time, if any, within which to make the award.
2. The award.
3. Each notice, affidavit, or other paper, used upon an application to confirm, modify, or correct the award, and a copy of each order of the court, upon such an application,
4. A copy of the judgment.
The judgment may be docketed, as if it was rendered in an action.
d., & 15, and part of $ 16, amended. People v. Sturtevant, 3 Duer, 616; 8. C., 12 N. Y. Leg. Obs. 86; 9 How. 304; Ketcham v. Woodruff, 24 Barb. 147.
$ 2380. Effect of judgment; how enforced. The judgment so entered has the same force and effect, in all respects, as, and is subject to all the provisions of law relating to, a judgment in an action ; and it may be enforced, as if it had been rendered in an action in the court in which it is entered. Id., part of 16; X 1270, ante; also, 82 1240 and 1241. § 2381. Appeal.--An appeal may be taken from an
order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action. The proceedings upon such an appeal, includ. ing the judgment thereupon, and the enforcement of the judgment, are governed by the provisions of chapter twelfth of this act, as far as they are applicable.
Id., 8? 16, 17, 20 and 21, amended. Dibble v. Camp, 10 Abb. N. S. 92; 8. C., 60 Barb. 150; Turnbull v. Martin, 2 Daly, 428; 8. C., 37 How. 20% Ketcham v. Woodruff, 24 Barb. 147; Hollenback v. Flemming, 6 Hill, 303; Wilson v. Williams, 66 Barb. 209.
$ 2382. Effect of party's death, lunacy, etc.; proceedings thereupon.-The death of a party to a submis. sion, made either as prescribed in this title or otherwise, or the appointment of a committee of the person or property of such a party, as prescribed in title sixth of this chapter, operates as a revocation of the submission, if it occurs before the award is filed or delivered ; but not afterwards. Where a party dies afterwards, if the submission contains a stipulation, authorizing the entry of a judgment upon the award, the award may be con. firmed, vacated, modified, or corrected, upon the appli. cation of, or upon notice to, his executor or administrator, or a temporary administrator of his estate ; or, where it relates to real property, his heir or devisee, who has succeeded to his interest in the real property, Where a committee of the property, or of the person, of a party, is appointed, after the award is filed or delivered, the award may be confirmed, vacated, modi. fied, or corrected, upon the application of, or notice to, a committee of the property, but not otherwise. In a case specified in this section, a judge of the court may make an order, extending the time within which notice of a motion to vacate, modify, or correct the award, must be served. Upon confirming an award,
here a party has died since it was filed or delivered, the court must enter judgment in the name of the original party; and the proceedings thereupon are the same, as where a party dies after a verdict.
New. Power v. Power, 7 Watts, 205; in other states, Dexter v. Young, 40 N. H. 130; Sutton v. Tyrrell, 10 Vt. 91.
$ 2383. Revocation of submission. - A submission to arbitration, made either as prescribed in this title or otherwise, cannot be revoked by either party, after the allegations and proofs of the parties have been closed,