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mission and agreement mentioned in section 1532, it is the duty of the judge to make an entry in his book of records, stating in a summary manner the nature of the charge, the notice given, the proof of service thereof, the failure to appear of either party, or the appearance of the parties and their failure to be reconciled.

§ 1534. The entries in such book of records, or certified copies thereof signed by the judge, are evidence of the facts therein stated; and it is the duty of the judge to give a transcript of the entries in any case, certified by him, from his records, to either party on request.

§ 1535. In any action hereafter brought for the recovery of damages, for a cause of action mentioned in section 1527, the plaintiff cannot recover costs, unless he produce at the trial the certified copy mentioned in the last section, and unless it thereby appear that the notice was duly served, and that he appeared pursuant thereto, or that both the parties appeared without notice, as mentioned in section 1529.

The defendant cannot recover costs in such action, when it appears that after service of the notice, he failed to appear pursuant thereto.

§ 1536. If, however, the case be one requiring a provisional remedy, and of such urgency as not to justify the delay arising from a previous notice to appear before the court of conciliation, the action may be commenced without such appearance or notice, and if the plaintiff af

terwards give the notice, and appear before the court of conciliation pursuant thereto, he may recover costs accruing subsequent to such appearance.

§ 1537. When an infant, or a woman is a party to a proceeding before the court of conciliation, such infant or woman may be attended by the guardian, or husband, of such party, or if there be none, then by some friend approved by the court.

§ 1538. In an action between partners, or between principal and agent, if either party make it appear to the court, that previous to his complaint or answer, he made an offer in writing to his adversary, to submit the matter in difference between them to arbitration, as in the next section prescribed, no costs can be awarded against the party making such offer.

§ 1539. The arbitrators, required by the last section, must be three competent and disinterested persons, one to be chosen by each party, and the third to be either chosen by those two, or by the judge of the court of conciliation of the county.

§ 1540. It is the duty of the judge of the court of conciliation, so far as may be compatible with his duties as judge, to give to every person, who may ask it, advice respecting his differences with another.

§ 1541. No party to any admission or declaration, made before the court of conciliation, is bound thereby or responsible therefor, in any other judicial proceeding whatever, except as provided in this title.

1542. No fee can be received by the judge, for services rendered in the court of conciliation.

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TITLE VIII.

OF ARBITRATIONS.

SECTION 1543 What may be submitted to arbitration, and by whom.
1544. Submission to be in writing, and to one or more.
1545. May be entered as an order of county court.
1546. Arbitrators to fix time and place of hearing.
1547. All must act, majority may decide, to be sworn.
1548. Award must be in writing.

1549. Court may vacate award in the cases specified.
1550. Court may give costs to extent of fees only.

1551. Decision of court subject to appeal.

1552. Damages upon revocation of submission.

1553. This title not to prevent actions on other awards.

§ 1543. Persons, capable of contracting, may submit to arbitration any controversy, which might be the subject of a civil action between them, except a question of title to real property, in fee or for life, or for an existing term of more than twelve years. This qualification does not include questions relating merely to the partition, or boundaries of real property, or to the admeasurement of dower.

§ 1544. The submission to arbitration must be in writing, and may be to one or more persons.

§ 1545. It may be stipulated in the submission that it be entered as an order of the county court, for which purpose it must be filed with the clerk of the county, where the parties or one of them reside. The clerk must thereupon enter in his register of actions, a note of the submission, with the names of the parties, the names of the arbitrators, the date of the submission, when filed, and the time limited by the submission, if any, within which the award must be made. When so entered, the submission cannot be revoked without the consent of both parties, the arbitrators may be compelled by the court to make an award, and the award may be enforced by the court, in the same manner as a judgment. If the submission be not made an order the court, it may be revoked at any time before the award is made, or if unrevoked, the award can be enforced by action only.

of

§ 1546. Abitrators have power to appoint a time and place for hearing, to adjourn from time to time, to administer oaths to witnesses, to hear the allegations and evidence of the parties, and to make an award thereon.

§ 1547. All the arbitrators must meet and act together during the investigation, but when met a majority may determine any question. Before acting, they must be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties, in relation to the matters

in controvesy, and to make a just award, according to their understanding.

§ 1548. The award must be in writing, signed by the arbitrators, or a majority of them, and delivered to the parties. When the submission is made an order of court, the award must be filed with the clerk, and a note thereof made in his register, after the expiration. of ten days from the entry upon the application of a party, and on filing an affidavit, showing that a copy of the award and notice of filing the same, has been served at least eight days prior to the application, and that no order staying the entry of judgment has been served, the award may be entered in the judgment book, and shall thereupon have the effect of a judgment.

§ 1549. The county court, on motion, may vacate the award, upon either of the following grounds, and may order a new hearing before the same arbitrators, or not, in its discretion:

1. That it was procured by corruption or fraud:

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 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,

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