Page:United States Statutes at Large Volume 43 Part 1.djvu/915

 884 sixrY-E1G1rrH conennss. Sess. II. on. 213. 1925. issue, the court shall make an order directing the arties to proceed to arbitration in accordance with the terms of) the agreement: {3r<¤>i¤¤-fh _ t Provided, That the hearing and proceedings under such agreement °m°° °8m`g’° °' shall be within the district in which the petition for an order mggggggw me “ directing such arbitration is filed. If the making of the arbitration _ _ greexnent, . etc.,1u1ssue. agreement or the failure, neglect, or refusal to perform the same be BYi“d¤°· in issue, the iourt shall proceed summarily tg the trialdthereiof. I; no jury trial e demanded by the part allege to be in e au t, or i the matter in dispute is within admiralty jurisdiction, the court shall ’ "”Y*'*“’S· hear and determine such issue. Where such an issue is raised, the party alleged to be in default may, except in cases of admiralty, on or before the return day of the notice of application, demand a jury trial of such issue, and upon such demand the court shall make an order referrin the issue or issues to a jury in the manner provided by law for reéerrin to a jury issues in an equity action, or may A°“°“ °¤ Endings- specially call a. jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding thereunder, the roceeding shall be dismissed. If the jury find that an agreement ger arbitration was made in writing and that there is a default in proceeding thereunder, the court shall mike an order sumgxarily digecgng the pgrtiesfto proceed with the · ar itration in accor ance wit the terms thereo. tr§{]‘;j'§g°S '°’ ***’bi‘ Sec. 5. That if in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a. lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then upon the application of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided Prmdm on H in the agreement the arbitration shall be by a single arbitrator. ,m,m_ wp ‘  6.dThat31ny application todd? iouiit herpundir shall be made an ear in e manner rovi e aw or the makin and _ hearing of motions, except ag otherwise ilierein expressly roviged. mggghggaggggfgfg; Kino. 7.t}'l`hat the arbitrators selepteld either as prescribed in this ew. i c or o erwise, or a ma or1t o them ma summon in writin any person to attend beforb them or anyiof tliem as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the Fm- case. The fees for such attendance shall be the same as the fees of Service or summons. witnesses before masters of the United States courts. Said summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the_arbitrators, or a majority of them, and shall be directed to the said person and shall be served O Hal rt in the same manner as subpoenas to appear and testify before the comix? rghésggnmmir court; if any person or persons so summoned to testify shall refuse pxzmshforcontempt. or neglect gofobeyl said summon? upon petition the United States court in an or the istrict in w ich such arbitrators or a ma` ' of them, are sitting may compel tl1B· attendance of duch persbiiiilg persons before said arbitrator or arbitrators, or punish said person or persons for contempt in_ the same manner now provided for secprgng {Jie agzentliancehpf witqessqs mir tgeir phuéiishment for neglect V or e usa o a enc in e cour s o  e nite ates. Wi;S;ci1S8;ic';l§it ji th; basii of ij}pr1sd1ction be a cause of action othergggi =~¥¤  Mm- to at amé, Thi $135%{trait;§‘2E“’t2h3“3£5it’%%d”I$Syfh’l‘S§.},"”¥."‘ · proceeding hereunder by libel and seizure Tdf the vessgl oi? iithd;