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edgment, appearance or submission for and on behalf of all the members of such firm or partnership.
$ 12. The said court or arbitration in addition to the jurisdiction Jurisdioabove conferred has power to determine, in the manner prescribed in this act, any controversy, dispute or matter of difference, upon any mercantile or commercial subject, where all the parties thereto are regularly elected members of the said chamber. For the purposes of this section, it shall be sufficient where firms or partnerships are concerned, that one copartner therein is such member of said chamber.
$ 13. In a case specified in the last section, either party may serve Requisipersonally upon the adverse party or one of two or more adverse par- settlement ties, jointly interested in the subject-matter of difference, a written of controrequisition directed to the adverse party or parties, requiring him or them to appear before the court of arbitration of the chamber of commerce of the State of New York, for the settlement of such controversy, dispute or matter of difference, at a place, and on a day and at an hour named in the requisition, not less than two or more than five days after the personal service of the same.
$ 14. A requisition may be served, and proof of the service thereof How may be made in like manner, as where a summons issued out of the served. Supreme Court in a civil action is personally served, and proof of said service is made. The requisition shall be filed with the arbitration To be clerk any time before the expiration of one hour after the same is returnable.
§ 15. Either party to the controversy, dispute or matter of differ- Additionence may, at any time before the expiration of one hour after the al arbitrarequisition is returnable, or within such further time as may be allowed by the official arbitrator or prescribed in the rules established by him, appoint, in writing, one person to sit with the official arbitrator, to hear and determine the matter. If neither party appoints an additional arbitrator as aforesaid, all the parties are deemed to have waived their right to do so; and the matter must be determined by the official arbitrator. If there are two or more parties on the same side, and they appoint different persons or arbitrators, or do not agree on one person, they are regarded as having failed to make any appointment. Upon a failure of a party to appoint an additional arbitrator, where the adverse party has appointed one, the official arbitrator must appoint a disinterested person, not of kin to either party, to sit as a member of the board of arbitration; and the matter must proceed as if the party in default had appointed such person as additional arbitrator. An appointment of an additional arbitrator is not complete anless it is filed with the arbitration clerk.
$ 16. Where the parties to a controversy, dispute, or matter of difference, voluntarily submit the same to the arbitration of the said court of arbitration, either of them may, at the time of filing the written submission or voluntarily appearing to submit the same, or within such time as may be allowed by the official arbitrator, or prescribed by the rules established by him, appoint a person to sit with the official arbitrator, to hear and determine the matter. The mode of so doing, the proceedings to be taken in behalf of the other party, and the consequences of a failure of either or both of them, to make such appointment, or of an appointment of different persons by two or more parties on the same side, are the same as prescribed in the last section, in a case where a requisition has been issued.
Fallure of $ 17. If the additional arbitrator, appointed by either party, fails additional arbitrator
to appear, at the time set for the hearing, without proof of the existto appear. ence of a good reason for such failure, and that it is of a temporary
nature, made by the party appointing him, to the satisfaction of the official arbitrator, his appointment must thereupon be declared to be vacated and the same party must forth with appoint another person to act in his place. Upon failure so to do, or failure of the person so appointed to appear then, or at the time, if any, to which the official arbitrator adjourns the hearing, the official arbitrator must appoint a
disinterested person, not of kin to either party, to act in his place. Oath of
$ 18. Each of the persons appointed as additional arbitrators, by or additional for the respective parties, must subscribe and take before the official
arbitrator an oath, honestly, truly and fairly to hear and determine the matters thus submitted to the arbitrators. The oaths so taken must be filed with the award. The official arbitrator need not be sworn
in the particular case. Board of § 19. Where additional arbitrators are appointed and sworn, as pre
scribed in the last four sections, they and the official arbitrator constitute the board of arbitration to determine the controversy, dispute or other matter of difference, and they must all sit in the matter; and the order, award and decision of any two of them shall be the judgment
of the said court of arbitration. Evidence.
$ 20. The official arbitrator, or, where the hearing is before a board of arbitration, the majority of the board may, after hearing the allegations and testimony of the respective parties, or of those parties who desire to testify, and, upon notice to both parties, direct that fur
ther evidence be taken, if he or they deem further evidence necesWitness's sary to enable justice to be done between the parties. A witness is fees. entitled to the same fees as in an action in a court of record. A com
mission to take testimony without the State may be allowed by the official arbitrator, and issued in the same manner and with the same
effect as in an action brought in a court of record. The hearing may Adjourn- be from time to time adjourned, upon the application of either party,
and reasonable cause shown to the satisfaction of the official arbitrator, or, where the hearing is before a board of arbitration, to the
satisfaction of a majority thereof. Award. $ 21. Within ten days after the final hearing, the official arbitrator,
or the board of arbitration, or majority thereof, as the case requires, must make and file with the arbitration clerk a written award, under his or their hands, stating his or their decision for the settlement of the controversy, dispute or matter of difference, heard and determined
by him or them. Rehear 8 22. Instead of making an order to fulfill the award, the official Ing.
arbitrator may, for good cause shown, upon notice to and after hearing the parties, make an order directing that the controversy, dispute, or other matter of difference, be heard again, either before the same court, or before another board of arbitration, appointed as prescribed in this act, upon the first hearing. But the party applying for such rehearing must give security in such amount and form as shall be approved by the official arbitrator, for the payment of all the costs and expenses of the other party or parties incident to such rehearing, and for the payment or performance of any award which may be rendered against any party so applying, and of any judgment which may be entered thereon. Upon the rehearing the proceedings must be the sime as upon the first hearing, and the provisions of this act relating
Commission to take testimony.
to the first hearing, the award, the order, and the subsequent proceedings thereon, apply similarly to the rehearing.
$ 23. The final award, the order to enforce the same, and the judg. When ment to be entered thereupon, may be vacated for fraud, collusion, or clusive. corruption; but not for any other cause. Unless it is so vacated, the award is binding and conclusive upon all parties thereto, and effects a final settlement of the controversy, dispute, or matter of difference, submitted or tried as prescribed in this act. It must be upheld and sustained accordingly, in all the courts of the State.
$ 24. If the award construes any contract or requires either party, Judgment, or both parties, to do or forbear doing a particular act or acts, and how it or to pay a sum of money, the official arbitrator must, at the request is to be
. of either party, make an order reciting the provisions of the award, and directing the fulfillment thereof by the party or parties required to fulfill the same. The order must, at the instance of either party, be filed in the office of the clerk of the county of New York, who must enter the same, upon being paid his fees therefor. If the order requires the payment of a sum of money, or the delivery of any property, either party may, upon filing the same, require the clerk of said county to enter thereupon a judgment of the said arbitration court against the party or parties required to pay such sum of money, or deliver any property, and in favor of the party or parties to whom it should be paid or delivered. The judgment must be entered and docketed accordingly, in the manner prescribed by law for entering and docketing a judgment of the Supreme Court in a civil action, and transcripts may be filed with other clerks in like manner as if a judgment in a civil action. Such judgment has the same force and effect as a judgment of the Supreme Court of similar purport in a civil action, and it must be enforced in the same manner and by the same process and officers, and it may be satisfied of record and discharged in like manner as a judgment of the Supreme Court in a civil action.
$ 25. No costs, except as hereinafter specified, shall be allowed to Coste. either party in any proceedings taken as prescribed in this act, and except where a rehearing is granted, in which case the official arbitrator may, or, if the rehearing is before a board of arbitration, the board, or a majority thereof, may, in the award, require either party to pay the other a fixed sum for his costs and expenses.
$ 26. False swearing, upon the hearing before the arbitrator, said Perjury. court of arbitration, or board of arbitration, or, in the course of any proceeding taken as prescribed in this act, is willful perjury, in a case where such false swearing would be willful perjury upon the trial of a civil action brought in the Supreme Court, or in the course of any proceeding taken in such an action; and the person guilty thereof may be indicted and punished accordingly.
$ 27. Where any controversy, dispute or matter of difference, or the Effect of interpretation or construction of any contract has been submitted to submisor brought within the jurisdiction of the said court of arbitration, as legal pro prescribed in this act, no action or special proceeding relating to the ceedings same matter shall be brought in any court of the State, between the same parties, or their representatives or assigns, until after the final award thereupon; and if any such action or special proceeding is pending at the time of the submission, the same must be dismissed or discontinued, or the proceedings therein must be stayed, as the case requires. The official arbitrator, or the board of arbitration, as the case may be, constitute the said court of arbitration.
Limit as § 28. Nothing contained in this act is to be so construed as to give to juris
any jurisdiction to the said court of arbitration of the chamber of diction.
commerce of the State of New York, or to the official arbitrator or board of arbitration, except upon the voluntary submission, waiver or election of the parties, or non-attendance pursuant to a requisition, as prescribed in this act; or to permit any infant, married woman or person incapable of managing his affairs by reasons of lunacy, idiocy, unsoundness of mind or habitual drunkenness, to be brought before the official arbitrator, or the board of arbitration, as a party; or to apply to any matter pertaining to a fee or life-tenancy in real property.
§ 29. Fees are to be paid to the arbitration clerk as follows: In Repealed every case to be tried by said court of arbitration, the sum of twenty bis 25. dollars by each of the respective parties thereto; for the construction L. 1878, post, p. of a contract, the sum of ten dollars each by every party thereto;
for each acknowledgment of any instrument other than those mentioned below, the sum of twenty-five cents; for each acknowledgment of a charter party or marine protest the sum of one dollar; for each oath or affirmation other than those to be used in causes in said court of arbitration, the sum of twenty-five cents; for orders or copies thereof, and for copies of minutes, records or other writings, at the rate of ten cents for each one hundred words; for filing each submission or requisition, the sum of twenty-five cents. The fees where not otherwise specified are to be paid by the party at whose instance the
service is rendered. The arbitration clerk shall make a sworn return statement on the first day of each month, of all the fees received by him pursu
ant to this section during the preceding month, and file the same with the Treasurer of the State of New York, and at the same time he shall pay over all moneys received by him for such fees, during such
month, to the said Treasurer, to be applied toward paying the salary of Clerk to said arbitrator, and the arbitration clerk. The arbitration clerk Ale bond.
shall make and file with the Comptroller of the State a good and sufficient bond to the People of the State of New York, with sureties, and in a form to be approved by said Comptroller, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties under this section.
§ 30. All acts and parts of acts, inconsistent with this act, are modified so as to conform to this act.
8 31. This act shall take effect immediately.
as to fees.
Amending 2 R. S. 458, 2 Edm 477. 6 Edm. 296.
third of the Revised Statutes.
PASSED June 7, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Section third of title four of chapter eight of part third of the Revised Statutes is hereby amended so as to read as follows:
§ 3. In suits brought by or against a corporation created by or under any statute of this State, it shall not be necessary to prove on the trial of the cause, the existence of such corporation, unless the defendant shall have alleged in the answer in the action that the plaintiffs or defendants, as the case may be, are not a corporation, nor unless the allegations in the answer that the defendant is not a corporation, be verified under oath in the manner provided by law for the verification of pleadings in actions in courts of record.
Repealed by L. 1880, ch. 245. See Co. Civ Proc., $ 1776.
9 Edm. 115
CHAP. 510. AN ACT to amend chapter six hundred and fifty-seven of Corpora
the laws of eighteen hundred and seventy-one, entitled “Antious.
PASSED June 7, 1875.
Amending mation of corporations for manufacturing, mining, mechanical or ch. 40,
Laws 1848, chemical purposes," passed February seventeenth, eighteen hundred ch. 657, and forty-eight, as said section was amended by chapter six hundred Laws 1871, and fifty-seven of the laws of eighteen hundred and seventy-one, is hereby further amended so that section twelve shall read as follows: § 12. Every such company shall within twenty days from the first
Report. day of January, if a year from the time of the filing of the certificate of incorporation shall then have expired, and, if so long a time shall not have expired, then within twenty days from the first day of January in each year after the expiration of a year from the time of filing such certificate, make a report which shall be published in some newspaper published in the town, city or village, or if there be no newspaper published in said town, city or village, then in some newspaper published nearest the place where the business of the company is carried on, which shall state the amount of capital, and of the proportion actually paid in, and the amount of its existing debts, which report shall be signed by the president and a majority of the trustees, and shall be verified by the oath of the president or secretary of said company, and filed in the office of the clerk of the county where the business of the company shall be carried on, and if any of said companies shail fail so to do, all the trustees of the company shall be jointly and severally liable for all the debts of the company then existing, and for all that shall be contracted before such report shall be made; but whenever under this section a judgment shall be recovered against a trustee severally, all the trustees of the company shall contribute a ratable share of the amount paid by such trustee on such judgment, and such trustee shall have a right of action against his co-trustees, jointly or severally, to recover from them their proportion of the amount so paid on such judgment; provided, that nothing in this act contained shall effect * any action now pending.
8 2. This act shall take effect immediately. Semble, under this amendment it is no longer necessary to specify separately the amount of cash paid in and the amount of stock issued for property transferred to the company. Pier v. George, 14 Hun, 568, 17 Hun, 207.
* So in the original.