The Revised Code of the District of Columbia

shall not prevent the payment of the execution to the judgment creditor, by any officer or other person, without actual notice of the lien.

SEC. 16. Neither any judge or clerk of any court in this District, or the register of wills, or the recorder, or marshal, or the deputy of any such clerk, register, recorder, or marshal, shall be permitted to practise as an attorney or conveyancer, nor shall any such ask or receive any fee or reward for advice respecting anything to be brought before or depending in any of the courts of this District. No justice of the peace shall practise as an attorney in any justice's court in this District. If any person shall violate the provisions of this section, he shall, in every case not otherwise specially provided for, be fined a sum not exceeding five hundred dollars.

SEC. 17. The word attorney in this chapter shall be construed to include counsellor.

SECTION

CHAPTER 119.

OF ARBITRATIONS AND UMPIRAGES.

1. Controversies that may be submitted.
2. When submission not to be made.
3. Bonds to be executed.

4. In absence of agreement, either party
may fix a time and place for hearing.

5. Arbitrators to be sworn.

6. Witnesses may be required to attend.

7. Award of a majority to be valid, unless otherwise stipulated.

8. The award must be in writing.

9. Fees to be the same as in cases before a
justice of the peace.

10. Copy to be served on each party.
11. If either party fail to comply, the award
may be filed in the circuit court, and
rule issued.

SECTION 1. All persons, except infants, married women, and insane persons, may, by an instrument in writing, submit to the arbitration or umpirage of any person or persons, to be by them mutually chosen, any controversy existing between them which might be the subject

of an action, except as otherwise provided in the next succeeding section, and may agree that such submission be made a rule of the circuit court.

SEC. 2. No such submission shall be made respecting the claim of any person to any estate in fee, or for life to any real estate; but any claim to an interest in a term for years, or for one year or less, in real estate, and controversies respecting the partition of lands between joint tenants or tenants in common, or concerning the boundaries of lands, or concerning the assignment of dower, may be submitted to arbitration.

SEC. 3. When an agreement is made according to the preceding sections, the parties shall execute bonds, with condition to abide and faithfully perform the award or umpirage, specifying therein the name of the arbitrator or arbitrators, and the matters submitted to their determination, and an agreement to make the submission a rule of the circuit court. After the execution of such bonds, neither party shall have power to revoke such submission, without the consent of the other.

SEC. 4. As soon as such bonds are duly delivered, if no time and place be fixed by agreement, either party may appoint a time and place for the arbitrator or arbitrators to meet, by giving to the opposite party and to such arbitrator or arbitrators at least five days' written notice.

SEC. 5. Before proceeding to hear any testimony, such arbitrator or arbitrators shall be sworn faithfully and fairly to hear and examine the matters in controversy, and to make a just award, to the best of his or their understanding. Such oath, and oaths to witnesses, may be administered by any person authorized to administer oaths.

SEC. 6. Witnesses may be required to attend before arbitrators on behalf of either party by summons issued by any justice of the peace, in the same manner and subject to the same process and penalties for disobedience, to be enforced by such justice, as in trials before justices of the peace.

SEC. 7. As soon as the arbitrator or arbitrators are ready to proceed to business, the parties may exhibit their proofs. All the arbitrators must meet together and hear the allegations of the parties, but the award of a majority shall be valid, unless otherwise required by the submission. The arbitrators may adjourn the hearing, from time to time, as may be necessary.

SEC. 8. The award shall be in writing, and signed by the arbitrator or arbitrators agreeing thereto.

SEC. 9. The fees of the justice issuing process, and of the witnesses in such case, shall be ascertained and estimated by the arbitrators, and returned with the award, including therein their own proper fees.

SEC. 10. A true copy of the award, and of the costs aforesaid, shall be delivered to each of the parties, or left at his last usual place of residence, by any one of the arbitrators, within ten days after the signing of such award.

SEC. 11. If either of the parties shall fail or refuse to comply with such award, the other party may file the same, together with the agreement of submission, in the circuit court, and thereupon the said court shall grant a rule thereon, against the adverse party, to show cause, at that or the succeeding term of the court, why judgment should not be rendered by the court upon said award.

SEC. 12. Upon the return of the rule, the court shall cause such submission and award to be entered of record, and confirm the award and render judgment thereon, unless the award be vacated.

SEC. 13. In all cases where an award or umpirage shall be presented to the court for a judgment to be entered thereon, the adverse party may show for cause against the rendition of said judgment any of the following grounds:

1. That such award was obtained by fraud, corruption, or other undue means; or that there was evident partiality or corruption in the arbitrators, or any of them.

2. That the arbitrators were guilty of misconduct or committed gross error in refusing, on cause shown, to postpone the hearing, or in refusing to hear pertinent and material evidence, or otherwise acted improperly, in a manner by which the rights of the party were prejudiced.

3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted, to consider a part of the matters submitted to them; or that the award is indefinite, or cannot be performed.

SEC. 14. Any party to such submission may move the court to modify or correct such award or umpirage in the following cases: 1. When there is an evident miscalculation of figures, or an

evident mistake in the description of any person, thing, or property referred to or mentioned in such award or umpirage, or any evident mistake apparent on the face of such award or umpirage.

2. When the arbitrators shall have awarded upon some matter not submitted, and not affecting the merits of the decision upon matters which were submitted,

3. When the award shall be imperfect in some matter of form, not affecting the controversy, and when, if it had been a verdict, such defect could have been properly amended or disregarded by the court.

SEC. 15. The court shall hear the proof and allegations of the parties to invalidate or sustain such award, and decide thereon, either confirming such award, or may modify and correct the same in the cases prescribed in the last preceding section so as to effect the intent thereof, and shall render judgment on such original or corrected award; or the court may vacate such award for any of the causes herein before specified, at the cost of the parties seeking to enforce such award.

SEC. 16. If such award be confirmed, judgment shall be given in favor of the party to whom any sum of money or damages shall have been awarded, that he recover the same; and if the award shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such award.

SEC. 17. The costs of the proceedings in court shall be as in civil actions; and if no provision for the fees and expenses of the arbitration shall have been made in the award, the court shall make the allowance therefor.

SEC. 18. When by any judgment of the court on the award, any party shall be required to perform any act other than the payment of money, the court shall have power to enforce the same by attachment until the terms of such judgment shall be complied with.

SEC. 19. If the rule to show cause why judgment should not be rendered on the award be not served personally on the party against whom it was issued, the court shall require proof of the submission. and award, and of service of the award.

SEC. 20. Nothing in this chapter contained shall preclude the submission and arbitration of controversies according to the common law. SEC. 21. Arbitrators shall be allowed five dollars per day each for their services, when there is no agreement otherwise.