Page:1889 North Dakota Session Laws.pdf/97

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Be it Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. .] That whenever the parties to any suit pending in any court of record shall be desirous and willing to submit the matter involved in such suit to the decision of arbitrators, an order shall be entered directing such submission to three impartial and competent persons to be named in such order, such arbitrators to be agreed upon and named by the parties. But if the parties are unable to agree, each shall name one, and the court the third.

§ 2. .] The arbitrators appointed in pursuance to the foregoing provisions, or a majority of them, shall proceed with diligence to hear and determine the matters in controversy. They shall appoint e place and time for hearing and adjourn the same from time to time, as may be necessary, but the first hearing shall be within ten days of the submission of the case and on the application of either party, and for good cause, they may postpone such hearing from time to time, not extending beyond sixty days from the submission of the case, except by the consent in writing of the parties to the suit.

§ 3. .] Before proceeding to hear any testimony in the cause, the arbitrators shall be sworn to faithfully hear and determine the cause, and to make a true and just award, according to the best of their understanding, which oath may be administered by any officer authorized to administer oaths.

§ 4. .] The clerk of the district court, or any justice of the peace, in any county of this State, may issue subpenaes for the attendance of witnesses before arbitrators; if any witness after being duly summoned shall fail to attend, the arbitrators may issue an attachment to compel his attendance, and the said witness shall moreover be liable for refusing to attend the same as in trials at law. Any arbitrator may administer oaths and they may punish contempts committed in

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