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 judg ment is to be entered.

Id., remainder of 9. Anonymous, 6 Wend, 520; see Bissell v. Morgan, 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 prejudiced.

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., 8 10, and part of ? 13. Williams v. Goodrich, 4 Den. 194; Bergh Pfeiffer, Lalor, 110; Perkins v. Giles, 50 N. Y. 228; s. c., 53 Barb. 342; Ketchum v. Woodruff, 24 id. 147; Turnbull v. Martin, 2 Daly, 428; 8. 0.. 37 How. Pr. 20; Leach v. Weeks, 2 Abb. Pr. N. S. 269; Cranston . Kenny's Ex'rs, 9 Johns. 212; McKinney v. Newcomb, 5 Cow. 425; Emmett v. 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. v. 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 the description of any person, thing, or property, referred to in the award.

2. Where the arbitrators have awarded upon a matter 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., 11 and 13. Shepherd v. Merrill, 2 Johns. Ch. 276; Todd v. Barlow, id. 551; Campbell v. Western, 3 Paige, 124; also, cases cited under last section; Dibble v. Camp, 60 Barb. 150; 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 adverse party to enforce the award.

Id., 12. Smith v. Cutler, 10 Wend. 590; 1 Burr. Pr. 333, 352; Morss v. 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. Hamblin, 12 Wend. 212; Briggs v. Smith, 20 Barb. 409; Cole v. Blunt, 2 Bosw. 116, 124; Anonymous, 5 Wend. 102; Anonymous, 6 id. 520; Smith v. Cutler, 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 prevailing 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 entered. Costs.-Upon the granting of an order confirming, 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 dollars 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. Gilbert, 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 v. Chippu, 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 appli cation.

4. A copy of the judgment.

The judgment may be docketed, as if it was rendered

in an action.

Ed., 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; 1270, ante; also, 22 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, including 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., 22 16, 17, 20 and 21, amended. Dibble v. Camp, 10 Abb. N. S. 92; s. c., 60 Barb. 150; Turnbull v. Martin, 2 Daly, 428; s. 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, modified, 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, where 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,

and the matter finally submitted to the arbitrators for their decision. A revocation, when allowed, must be made by an instrument in writing, signed by the revok. ing party, or his authorized agent and delivered to the arbitrators, or one of them; and it is not necessary in any case, that the instrument of revocation should be under seal. Any party to a submission may thus revoke it; whether he is a sole party to the controversy, or one of two or more parties on the same side.

Id., part of 23. Bank of Monroe v. Widner, 11 Paige, 529; Bloomer v. Sherman, 3 id. 575; s. c., 2 Edw. Ch. 452: Heath v. President of Gold Exchange, 7 Abb. N. S. 271; s. c., 38 How. 168; see Austin v. Searing, 16 N. Y. 112; Allen v. Watson, 16 Johns. 205; see Van Antwerp v. Stew art, 8 id. 125; Robertson v. McNeil, 12 Wend. 578; Frets v. Frets, 1 Cow. 335; Howard v. Cooper, 1 Hill, 44; French v. New, 20 Barb. 481; see 2368, ante, and cases cited.

§ 2384. Liability of party who revokes.— Where a party expressly revokes a submission, made either as prescribed in this title or otherwise, any other party to the submission may maintain an action against him, and also against his sureties, if any, upon the submis sion, or any instrument collateral thereto, in which action the plaintiff may recover all the costs and other expenses, and all the damages, which he has incurred in preparing for the arbitration, and in conducting the proceedings to the time of the revocation. Either of the arbitrators may recover, in an action against the revoking party, his reasonable fees and expenses.

Id., part of ?? 23 and 24, R. S. Curtis v. Barnes, 30 Barb. 225; Frets v. Frets, i Cow. 335; Smith v. Compton, 20 Barb. 262.

2385. Limitation of recovery against him.- A sum, penalty, forfeiture, or damages, shall not be recovered for a revocation of a submission to arbitration, made either as prescribed in this title or otherwise, ex. cept as prescribed in the last section; notwithstanding any stipulated damages, penalty, or forfeiture, expressed in the submission, or in any instrument collateral thereto.

Id., 25.

§ 2386. Application of this title. This title does not affect any right of action in affirmance, disaffirm. ance, or for the modification of a submission, mada either as prescribed in this title or otherwise, or upon an instrument collateral thereto, or upon an award made or purporting to be made in pursuance thereof. And