SECTION 31. Provided, That in all cases in which executors, administrators, or other persons suing or sued in a representative character, or minors, shall be the party appel. lant from an award, the appeal shall be good, without payment of costs, or entering in cognizance, as aforesaid, if such appellant shall not have taken out the rule of reference.

SECTION 32. The costs to be paid by the appellant, as hereinbefore required, may nevertheless, be taxed in the appellant's bill, and recovered of the adverse party, if, in the event of the suit, the appellant is entitled to recover costs, agreeably to the provisions of this act.

SECTION $3. No appeal as aforesaid, shall be withdrawn, without the consent, in writing, of the opposite party first had and obtained, and it shall be the duty of the prothonotary to whom such written consent may be delivered, to file the same among the records in the cause.

SECTION 34. If the appeal as aforesaid, shall not be entered within the time hereinbefore limited, it shall be the duty of the prothonotary, at the request of the party in whose favor the award shall have been made, to issue execution, or such other process as may be necessary and proper, to carry into effect the judgment entered upon such award, subject nevertheless, to the provisions of the law concerning the stay of execution upon judgments.

SECTION 35. In all suits or actions in which the prothonotary of the court shall be a a party, or in which he may be interested, the duties hereinbefore required to be performed by him, shall be performed by the recorder of deeds, the clerk of the Orphans' court, the sheriff, coroner, or treasurer of the same county.

SECTION 36. If the party by whom a rule of reference shall be entered, his agent or attorney, shall fail to cause a copy of the certified rule, or of the record containing the names of the arbitrators, and of the time and place of meeting, to be served, as is hereinbefore required, he shall, for every such default, forfeit and pay the sum of twenty-five dollars, one half to the use of the county, and the other half to the use of the person who will sue for the same: Provided, That nothing herein contained, shall be deemed to deprive the court of the right of setting aside any award obtained without due notice, as aforesaid, or shall interfere with the right of the party to recover such damages as he may have sustained.

SECTION 37. If any person appointed an arbitrator, and residing within the county, having received due notice of his appointment, shall fail to attend and take upon himself the duties of the appointment, unless prevented by sickness, or other unavoidable cause, he shall, for every such default, forfeit and pay the sum of two dollars, to be recovered by either party, who shall first sue for the same: Provided,

That no arbitrator shall be compelled to serve on more tha ten appointments in any one year.

SECTION 38. On the trial of any cause, after an appeal from an award of arbitrators, it shall not be lawful for the appellant to produce as evidence in court, any books, papers, or documents, which he had in his power to produce at the time of the arbitration, and withheld from the arbitrators, after being required by the arbitrators to produce the same.

III. GENERAL REGULATIONS RESPECTING REFEREES AND

ARBITRATORS.

SECTION 39. Nothing in this act contained, shall be taken to authorize the entering a rule of arbitration in either of the following cases, viz:

I. Appeal to a Register court.

II. Issues directed to any court to ascertain a fact or facts. III. Actions upon bail bonds, and recognizances.

IV. Actions upon penal statutes.

V. Actions brought by the commonwealth, unless such rule be entered by the Attorney General, or his deputy, with his consent, in writing.

SECTION 40. Referees and arbitrators in every case, as

aforesaid, or a majority of thein, shall have power

I. To require from either party the production of all such books, papers, and documents as they shall deem material to the cause.

H. To judge of the competency and credibility of witnesses, and the propriety of admitting any written evidence that may be offered.

III. To administer oaths or affirmations to witnesses.

IV. To adjourn their meetings from day to day, or for a longer time, and also from place to place, if they shall. think proper.

V. To decide both the law and fact that may be involved in the cause subinitted to them.

And each of the arbitrators shall have power to issue subpenas to witnesses, to appear before them, and if any person who shall have been duly subpoenaed to attend as aforesaid, shall neglect or refuse to attend, a majority of the arbitrators shall have power to issue an attachment against such person, according to the practice of the

courts.

SECTION 41. The form of the subpœna in such case, shall. be as follows, to wit:

Greeting:

We command you, that laying all business and excuses aside, you be and appear in your proper person, before A, B,, C,.

D, &c. arbitrators (or referees, as the case may be,) appointed to hear and determine all the matters in variance in a certain action, wherein E F is plaintiff, and G H is defendant, at the house of , in , on the day of next, then and there to testify, all and singular, those things which you shall know, on behalf of the plaintiff; (or defendhereof fail not, under penalty of

ant, as the case may be;) three hundred dollars:

Witness my hand, this
Signed,

day of , A. D. R L, (one of the arbitrators.) (or as the case may be.)

SECTION 42. The form of an attachment, shall be as follows:

:

, in

We command you, that you take late of your county, aforesaid, and have him forthwith before A, B, C, D, &c. arbitrators (or referees, as the case may be,) appointed to hear and determine all matters in variance in a certain action, wherein E F is plaintiff, and G H defendant, at the house of

, then and there to answer

(Or as'the case may be.)

SECTION 43. Referees or arbitrators, as aforesaid, or a majority of them, shall also have power to punish, by fine, not exceeding twenty dollars, all persons, whether parties, witnesses or others, who shall be guilty of disorderly conduct in their presence, or who shall insult, disturb or interrupt the said referees or arbitrators, when in business, which fine shall be recovered as follows:

SECTION 44. The said referees or arbitrators, or a majority of them, shall make out a certificate, in the following form, viz:

We, the undersigned referees, (or arbitrators, as the case may be,) do certify, that A B did this day, at , in

the county of before us, conduct himself in a disorderly manner, (or as the case may be,) tending to insult, disturb and interrupt us in the trial of a certain cause, wherein CD is plaintiff; and E F is defendant, for which offence we have fined him, the said A B, the sum of

dollars, which sum you are hereby required to collect, according to law:

Witness our hands, this

Signed,

, A. D. Arbitrators,

or

SECTION 45. The certificate aforesaid, shall be transmitted to an alderman or justice of the peace of the proper city or county, who is hereby required to make a record thereof, and issue execution to collect the same, in the manner that judgments under one dollar are by law collected, and the sum, when collected, shall be paid by such alderman or justice to the county treasurer, for the use of the county in which the offence may have been committed.

SECTION 46. The prothonotary of the court in which the suit shall be depending, or any alderman or justice of the peace, shall have power to issue subpoenas for witnesses to appear before the arbitrators.

SECTION 47. It shall be the duty of the prothonotary of the proper court, on application by either party, his agent or attorney, to enter a rule, to take the depositions of aged, infirm, going, or absent witnesses, or witnesses out of the commonwealth, to be read in evidence, either before referees or arbitrators, or to the jury, in case of an appeal from an award of arbitrators, in the same manner, and subject to the same rules and regulations, as are now observed in the courts of this commonwealth.

SECTION 48. In every case in which application shall be made by either party, to referees or arbitrators, for the postponensent of a meeting or hearing, it shall be lawful for the said referees or arbitrators, or a majority of them, if satisfied of its justice, to require from the party making such application, the payment of the costs of the meeting, including the pay of the arbitrators, and the attendance of witnesses, previous to granting such application, according to the practice of the courts in like cases.

SECTION 49. Every referee and arbitrator, shall be entitled to receive the sum of one dollar for every day necessarily employed by him in the hearing and determination of the cause submitted to him.

SECTION 50. If either party, his agent or attorney, or any other person in his behalf, shall, after the appointment of any referee or arbitrator, attempt to corrupt or influence such referee or arbitrator, by privately endeavouring, either in conversation, by correspondence, or otherwise, to bias his mind or judgment in favour of such party, he shall forfeit and pay a sum not less than fifty dollars, and not more than one hundred dollars, to be recovered by indictment in the court of Quarter Sessions of the proper county, one half of which fine shall be for the use of the prosecutor, and the other half for the use of the proper county, saving to the other party his right to recover such damages as he may have sustained.

SECTION 51. If any referee or arbitrator shall, directly or indirectly, take or receive any gift or gratuity whatever, from either party in the cause, or from any person in his behalf, to find an award in his favour, or in consideration of having found such award, such referee or arbitrator, shall forfeit and pay ten times the value of the thing so taken, one half to the commonwealth, and the other half to the person that will sue for the same, and shall also be liable to prosecution by indictment, as for a misdemeanor: Provided, That nothing herein contained, shall debar the party aggrieved, of his action to recover the damages he shall sustain, in all cases where the penalty aforesaid, shall be recovered at the suit of another person.

SECTION 52. The fees to be allowed to constables, and other persons, for services performed in pursuance of the provisions of this act, shall be the same as the fees allowed by law for similar services, and the like penalty shall be inflicted for neglect of duty, as in other cases.

SECTION 53. All fines and forfeitures incurred under any of the provisions of this act, shall, unless it be otherwise provided, be sued for, before an alderman or justice of the peace, in the same manner that debts of equal amount are recoverable.

SECTION 54. The provisions of this act relative to compulsory arbitrations, shall not be so construed as to extend to the District court for the city and county of Philadelphia.

SECTION 55. This act shall take effect on the first day of September next.

NER MIDDLESWARTH,

Speaker of the House of Representatives.
THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The sixteenth day of June, A. D. eighteen hundred and thirty-six.

JOS: RITNER.