Page:1889 North Dakota Session Laws.pdf/98

 their presence during the hearing of a cause, the same as a court of record, and may admit depositions to be read in evidence the same as in trials at law.

§ 5. AWARD OF ARBITRATORS.] The award of the arbitrators, or a majority of them, shall be drawn up in writing and signed by such arbitrators, or a majority of them, and a true copy of such award shall without delay be delivered to each of the parties thereto.

§ 6. PROCEDURE IN CASE OF FAILURE TO COMPLY WITH AWARD.] If either of the parties shall neglect to comply with the said award the other narty may, at any time within one year from the time of such failure, file such award together with the submission or arbitration bond in the court named in the submission.

§ 7. FINAL JUDGMENT, EXECUTION, ETC.] The party filing such award may at the next term after such filing, by giving four days' notice of his intention to the opposite party, and if no legal exceptions are taken to such award, or other proceedings, have final judgment thereon, as on the verdict of a jury, for the sum specified in said award to be due, together with the costs of arbitration, and of the court, and execution may issue therefor as in other cases.

§ 8. CERTAIN JUDGMENTS ENFORCED BY RULE.] When the award requires the performance of any act other than the payment of money, the court rendering such judgment shall enforce the same by rule, and the party refusing or neglecting to comply with such rule may be proceeded against by attachment, or otherwise, as for contempt.

§ 9. WHEN AWARD MAY BE SET ASIDE.] If any legal defects appear in the award, or other proceedings, or if it shall be made to appear on oath or affirmation that said award was obtained by fraud, corruption or other undue means, said court may set aside such award.

§ 10. WHEN AWARD MAY BE MODIFIED.] If there be any evident miscalculation or misdescription, or if the arbitrators shall appear to have awarded upon matters not submitted to them not affecting the merits of the decision upon the matters submitted, or when the award shall be imperfect in some matters of form not affecting the merits of the controversy, and when such errors and defects, if in a verdict, could have been lawfully amended or disregarded by the court, any party aggrieved may move the court to modify or correct such award.

§ 11. APPLICATION TO SET ASIDE.] Application to set aside, modify or amend such award, as provided in the two preceding sections, may be made before the entry of final judgment on such award; Provided, Nothing herein contained shall be so construed as to deprive courts of chancery of their jurisdiction as in other cases.

§ 12. APPEALS.] Writs of error and appeals may be taken from any decision of the court, by the party deeming himself ag-