surer. Vacancy. Proviso. the said treasurer, no person being eligible as county treasurer for two consecutive terms, of two years each, and the Present trea-present county treasurer shall continue in office, till an election shall be held under the provisions of this act, and in case, at any time, there should be a vacancy, by death, resignation, or otherwise, in the said office, it shall be the duty of the county board for the time being, at a special meeting, to be held for that purpose, on not less than six days notice, to supply the same: Provided, That nothing herein contained, shall be construed to prevent the re-election of the present county treasurer, for a single term of far two years. Jefferson co. SECTION 43. All that part of Ross township, in the Ross town- county of Jefferson, lying west of a line commencing at the ship election house of Robert Morrison, on the line of Perry township, district. Indiana co. for a lot of thence north, along an old line to the Eldred township line, SECTION 44. The commissioners of Indiana county be, commission- and they are hereby authorized and required to execute a ors to exe- deed, for a lot of ground in the borough of Indiana, forty ente a deed feet by Clymer street, and one hundred and twenty feet on ground to the Water street, to the directors of the public schools, in the directors of district composed of the borough of Indiana, and their sucpublicschools cessors in office, for the use of school number one in said in Indiana district: Provided, The said directors shall first purchase, borough. Indiana bo tion. or offer to purchase, at par value, from the stockholders, the SECTION 45. The election of all officers in and for the borrough elec- ough of Indiana, in the county of Indiana, that under any law of this commonwealth is now held in May, shall hereafter be held at the same time that supervisors of the highways, and the constables for the different townships in this commonwealth, are elected. Borough aud. itors. SECTION 46. That the qualified electors of the borough of Indiana, in the county of Indiana, shall, in the year one thousand eight hundred and thirty-seven, at the same time and place of electing their borough officers, elect three reputable citizens of said borough for auditors of the public accounts, and shall annually thereafter, elect one auditor, who shall hold their office for three years, except two of those to be elected at the first election, the highest of whom in vote, shall hold his office three years, the next highest two years, and the next one year, and if two or more of those elected should have an equal number of votes, their right shall be determined by lot. SECTION 47. The said auditors shall annually meet on Annual meetfirst Monday of April, and shall, on oath or affirmation, ings of said lit and settle the accounts of the town council, treasurer, auditors. eet commissioner, and of the overseers of the poor, in same manner, and with like powers, that township litors audit and settle the accounts of supervisors of townps, within this commonwealth. SECTION 48. That all laws hereby altered or supplied, Repeal. far as they are inconsistent with this act, are hereby Dealed. SECTION 49. That the commissioners of Somerset county, Commiss'rs. hereby authorized to change the location of any portion of Somerset the state road leading from the top of the Allegheny county auuntain, to the Virginia state line, situate between the thorized to vn of Berlin and Gebhart's, in said county, if deemed change the cessary, in order to avoid hills. NER MIDDLESWARTH, THOMAS S. CUNNINGHAM, APPROVED-The sixteenth day of June, A. D. eighteen location of the state road JOS: RITNER. No 186. Act Relating to Reference and Arbitration. TABLE OF CONTENTS. 1. REFERENCE BY AGREEMENT OF PARTIES. SECTION 1. Any person may agree that their submission 2. Such agreement may be made a rule of court, &c. 4. Either party may except to an award, and cause of exception. 5. If exceptions are not filed, the award may be enforced. 6. Parties to a suit may agree to refer, and the award to have the effect of a verdict. 7. Court may upon exceptions, refer the cause back to the same referees. II. OF COMPULSORY ARBITRATION. 8. Either party may enter a rule of reference. 9. Such rule not to be entered until after declaration filed, nor in replevin, until the cause is at issue. 10. Nor while a cause is set down for trial, &c. 11. Prothonotary to enter such rule, &c. 12. Party to serve a copy of the rule, and manner thereof. 13. Proceedings on the day appointed for appointment of arbitrators, if both parties attend. 14. Proceedings if only one of the parties attend. 15. How the time and place of meeting shall be fixed. 16. Party entering the rule, to serve copies of the certifi cate of appointment, &c. 17. Proceedings if only one of the parties attends the meeting of the arbitrators. 18. Proceedings if all the arbitrators shall not attend. 19. Arbitrators to be sworn or affirmed. 20. When evidence, &c. heard, award to be made. 21. Proceedings if one of the arbitrators should die, &e. 22. Arbitrators not to receive pay, unless award filed within seven days after they have agreed. 23. Prothonotary to enter the award on his docket, &c. 24. Awards to have the effects of a judgment. 25. Proviso, That the court may in certain circumstances, allow a non-suit after appeal. 26. Court may set aside award, under certain circum stances. 27. Either party may appeal, under certain regulations. 28. Appeal may be allowed under certain circumstances, without payment of costs, &c. 29. Recognizance to be given by the plaintiff, if appel lant. 30. Recognizance to be given by the defendant, if appel lant. 31. Executors, &c. may appeal without affidavit, &c. 32. The costs paid on appeal, may be recovered back. 33. Appeal not to be withdrawn without consent. 34. Prothonotary to issue execution, &c. if appeal be not entered. 35. If the prothonotary be interested, the duties herein required to be performed by the recorder of deeds, &c. 36. Penalty for not serving copy of rule, &c. 37. Penalty on arbitrator not attending, &c. 38. Books, &c. not to be produced on trial, which shall have been withheld from arbitrators. 39. Certain causes may not be arbitrated. III. GENERAL REGULATIONS RESPECTING REFEREES AND ARBITRATORS. 40. Certain powers given to referees and arbitrators. 41. Form of a subpoena to be issued by referees, &c. 42. Form of an attachment by the same. 43. Referees, &c. may punish by fine. 44. Certificate to be made in such case. 45. How the same to be collected. 46. Prothonotary may also issue subpœna. 47. Prothonotary to enter rule to take the depositions to be used before referees, &c. 48. Referees and arbitrators may require the payment of costs, on abjournment. 49. Daily pay of referees and arbitrators. 50. Penalty on attempting to corrupt referees or arbi Crators. 51. Penalties on referees and arbitrators receiving rewards, &c. 52. Fees to constables, &c. to be the same as are allowed For similar services. 53. Fines and forfeitures, how to be collected. An act relating to Reference and Arbitration. 1. OF REFERENCE BY AGREEMENT OF THE PARTIES. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the uthority of the same, That it shall be lawful for all perons desirous, to end by arbitration, any controversy, suit or quarrel, except such as respect the title to real estate, to gree, in writing, that their submission of the same to the ward or umpirage of any person or persons, shall be made rule of any court of record of this commonwealth, having urisdiction, which the parties shall choose, and they shall sert such their agreement in their submission, or the conition of the bond or promise whereby they may oblige hemselves, respectively, to submit to the award or umpirage f any person or persons. SECTION 2. When any agreement shall be made as aforesaid, and inserted in the submission, or promise, or condition of the respective bond, the same shall, upon producing an affidavit thereof, made by the witnesses thereto, or any one of them, in the court of which the same is agreed to be made a rule, and filing the said affidavit in court, be entered of record in such court, and a rule shall, thereupon, be made by the said court, that the parties shail submit to, and finally be concluded by the arbitration or umpirage, which shall be made pursuant to such submission. SECTION 3. It shall be lawful also, for the parties to any suit, to consent as aforesaid, to a rule of court, for referring all matters of fact in controversy in such suit, to referees, as aforesaid, reserving all matters of law arising thereupon for the decision of the court, and the report of such referees, setting forth the facts found by them, shall have the same effect as a special verdict, and the court shall and may proceed thereupon, in like manner as upon a special verdict, and either party may have a writ of error, to the judgment, entered thereupon, as in the case of a judgment entered upon special verdict. SECTION 4. The party against whom an award shall be made, as aforesaid, may except thereto, within such time the court, by their rules, shall direct, for either of the fol lowing causes, and for no other, viz: I. That the arbitrators or umpire misbehaved themselves in the case, or II. That they committed a plain mistake in matter of fact, or matter of law, or III. That the award was procured by corruption or other undue means. SECTION 5. If exceptions shall not be filed within the time limited, as aforesaid, or if upon exceptions filed, the court shall confirm the award. the party neglecting or refusing to perform and execute the same, or any part thereof, shall be liable to all the penalties of contemning a rule of court when he is a suitor or defendant in such court, and the court, on motion, may issue process accordingly, or the said court may, on motion, award an execution, or executions, to carry the same into effect. SECTION 6. In all cases where the parties to any suit shall, by themselves, their attorneys, or agents, consent to a rule of court, for referring the matters in controversy such suit, to certain persons, mutually chosen by them, the award of such referees, if made according to the submission of the parties, being approved of by the court, and entered upon the record, shall have the same effect, and shall be deemed and taken to be as available in law as the verdict of a jury, and the party in whose favour such report shall be made, whether plaintiff or defendant, shall have judgment 1 |