Page:1889 North Dakota Session Laws.pdf/99

 grieved, as in other cases, and if the Supreme Court shall remand the case such further proceedings shall be had as the nature of the case may require.

§ 13. FEES.] Each arbitrator shall be allowed for each day's attendance to the business of his appointment, two (2) dollars, to be paid in the first instance by the party in whose favor the award shall be made, but to be recovered of the other party with the other costs of suit if the award or final decision shall entitle the prevailing party to recover costs. Witnesses shall receive the same fees for attendance in arbitrations as shall be allowed them in the circuit [district] courts. Sheriffs, constables, clerks and justices of the peace shall be entitled to the same fees for services performed in relation to any arbitration as shall be allowed by law for the like services in their respective courts.

§ 14. SPEEDY HEARING TO BE HAD.] Arbitrators may be compelled by order of the court in which any cause submitted to them shall be pending to proceed to a hearing thereof and to make report without unneccessary delay.

§ 15. RECORD.] When any cause pending in any court shall be referred, as herein provided, an entry of such reference shall be made on the record, and day shall be given to the parties from time to time until the arbitrators' report, or they may be thereof discharged on filing such report.

§ 16. WHO MAY SUBMIT TO ARBITRATION.] All persons having requisite legal capacity, may by an instrument in writing to be signed and sealed by them, submit to one or more arbitrators any controversy existing between them, not in suit, and may in such submission agree that a judgment of any court of record competent to have jurisdiction of the subject matter to be named in such instrument shall be rendered upon the award made pursuant to such submission.

§ 17. OATH.] Upon a submission under the foregoing section the arbitrators shall take the same oath and may compel the attendance of witnesses and shall proceed in the same manner as if the submission had been made in a cause of pleading.

§ 18. FILING OF AWARD-ENTER OF JUDGMENT.] The award and instrument of submission may be filed in a court of record of competent jurisdiction within the same time and upon like conditions, and notice and proceedings had thereunder and judgment entered the same as if the award had been made in a suit pending in such court.

§ 19. All acts and parts of acts conflicting with the provisions of this act are hereby repealed.

Approved March 20, 1890.