Answer.

§ 371. Upon such summons the defendant may answer within the time specified therein, denying the judgment, or setting up any defense which may have arisen subsequently; or he may deny his liability on the obligation upon which the judgment was recovered, except a discharge from such liability by the statute of limitation [limitations].

What to constitute the pleadings.

$372.* If the defendant in his answer deny the judg ment, or set up any defense, which may have arisen subsequently, the summons, with the affidavit annexed, and the answer, shall constitute the written allegations in the case; if he deny his liability on the obligation upon which the judgment was recovered, a copy of the original complaint and judgment, the summons, with the affidavit annexed, and the answer, shall constitute such written allegations.

§ 373.* The issues formed may be tried as in other cases; but when the defendant denies, in his answer, any liability on the obligation upon which the judgment was rendered, if a verdict be found against him, shall be for the amount remaining unsatisfied on such original judgment, with interest thereon.

* Applicable to justices' courts, see 635.

CHAPTER II.

CONFESSION OF JUDGMENT WITHOUT ACTION.

What judgment by confession may be entered.

§ 374. A judgment by confession may be entered without action, either for money due, or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter. [12 Cal. 128; 27 Cal. 228.]

Affidavit.

§ 375. A statement in writing shall be made, signed by the defendant, and verified by his oath, to the following effect:

First. It shall authorize the entry of judgment for a specified sum.

Second. If it be for mouey due, or to become due, it shall state concisely the facts out of which it arose, and shall show that the sum confessed therefor is justly due, or to become due.

Third. If it be for the purpose of securing the plaintiff against a contingent liability, it shall state concisely the facts constituting the liability, and shall show that the sum confessed therefor does not exceed the same.

[6 Cal. 419; 18 Cal. 576; 20 Cal. 681.]

Entry of judgment. Judgment roll.

$ 376. The statement shall be filed with the clerk of the county in which the judgment is to be entered, who shall indorse upon it, and enter in the judgment book a judgment of such court, for the amount confessed, with ten dollars costs.

The statement and affidavit, with the judgment indorsed, shall thereupon become the judgment roll.

CHAPTER III.

SUBMITTING A CONTROVERSY WITHOUT ACTION.

Agreed case. Affidavit.

§ 377. Parties to a question in difference, which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy de pends, and present a submission of the same to any court which should have jurisdiction, if an action had been brought. But it must appear, by affidavit, that the controversy is real, and the proceedings in good faith, to determine the rights of the parties. The court shall thereupon hear and determine the case, and render judgment thereon, as if an action were depending.

[20 Cal. 679.]

Entry of judgment. Judgment roll.

§ 378. Judgment shall be entered in the judgment book, as in other cases, but without costs, for any proceeding prior to the trial. The case, the submission, and a copy of the judg ment shall constitute the judgment roll.

Enforcement of judgment. Appeals.

$379. The judgment may be enforced in the same manner as if it had been rendered in an action, and shall be in the same manner subject to appeal.

OF

CHAPTER IV.

ARBITRATIONS.

What may be submitted to arbitration.

$380. 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. This qualification shall not include questions relating merely to the partition or boundaries of real property.

[1 Cal. 426; 2 Cal. 74; 3 Cal. 431; 4 Cal. 1, 205; 5 Cal. 345; 21 Cal. 317; 23 Cal. 275.]

Submission.

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

[9 Cal. 142.]

When made an order of court. Revocation.

§ 382. It may be stipulated in the submission, that it be entered as an order of the county court, or, of the district court, for which purpose it shall be filed with the clerk of the county where the parties, or one of them, reside. The clerk shall, 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 shall be made. When so entered, the submission shall not 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 of the court, it may be revoked at any time before the award is made.

[30 Cal. 218; 31 Cal. 128.]

Power of arbitrators.

§383. Arbitrators shall 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.

[23 Cal. 365.]

All to act. Majority to decide.

Oath.

§ 384. All the arbitrators shall meet and act together during the investigation; but when met, a majority may determine any question. Before acting, they shall 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 controversy, and to make a just award according to their understanding.

Award how made. Judgment.

§ 385. The award shall 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 the court, the award shall be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a party, and on filing an affidavit, showing that notice of filing the award has been served on the adverse party or his attorney, at least four days prior to such application, and that no order staying the entry of judgment has been served, the award shall be