be the same as allowed before justices of the peace, and shall be ascertained and estimated by the arbitrators, and returned with the award, including therein their own fees as allowed by law.

The costs of arbitration should be taxed and returned with award. Conrad v. Johnson, 20 Ind. 421.

An award as to costs should be definite as to the costs intended to be awarded. Jacobs v. Moffatt, 3 Blkf. 395; Hamilton v. Wort, 7 Blkf. 348.

If the submission provide a rule as to the cos', the arbitrators will be bound thereby. Cones v. Vanosdol, 4 Ind. 248.

An agreement to submit a pending cause to arbitration authorizes the arbitrators to make an award as to the costs. Bird v. Routh, 88 Ind. 47.

If the parties agree as to the costs the arbitrators can not change it. Cones v. Vanosdol, 4 Ind. 248.

When the award is silent as to costs a judgment for cost can not be rendered. Hamilton v. Wort, 7 Blkf. 348.

852. (840.) Copies to be given to parties.-11. A true copy of the award, and of the costs aforesaid, shall be delivered to each of the parties, or left at his last usual place of residence, by any one of the arbitrators, within fifteen days after the signing of such award.

Copies of the award must be served unless waived by the parties. Coulter v. Coulter, 81 Ind. 542; Coats v. Kiger, 14 Ind. 179.

If the time for making the award is less than the time within which copies are to be served after the award is made, service of such copies will be deemed waived. Spencer v. Curtis, 57 Ind. 221.

If the award is to be sealed up and remain so until the meeting of court, a copy of the award will be deemed waived. Marsh v. Curtis, 71 Ind. 377.

As to what is sufficient service by leaving copy at the residence of a party, see Conrad v. Johnson, 25 Ind. 487.

Copies of the award may be served on Sunday. Kiger v. Coats, 18 Ind. 153.

853. (841.) Filing in court.-12. If either of the parties shall fail or refuse to comply with such award, the other party may file the same, together with the agreement of submission, in the court named in such submission.

The power of the arbitrators is at an end when the award is filed in court. Indiana, etc., R. W. Co. v. Bradley, 7 Ind. 49.

854. (842.) Entry of award-Rule to show cause.-13. Upon such submission being proved by a subscribing witness thereto, or in case of his death, insanity, or absence out of the state, then by proof thereof as in other cases of a written instrument, and upon the award also being proved in like manner, or by the arbitrators or any of them, and upon proof that a copy of the award has been duly served on the party against whom the rule is asked, the court shall cause such submission and award to be entered of record, and shall grant a rule thereon against the adverse party, to show cause at that or the succeeding term of the court why judgment shall not be rendered by such court upon the said award.

A statutory award, not submitted under section 863, is void unless a copy thereof be leit by one of the arbitrators with each of the parties thereto, or at his usual place of

residence, within fifteen days of the signing of the same. Flatter v. McDermott, 15 Ind. 389; Estep v. Larsh, 16 Ind. 82; Conrad v. Johnson, 25 Ind. 487.

As to what will be considered a waiver of service of a copy of the award, see Spencer v. Curtis, 57 Ind. 221; Marsh v. Curtis, 71 Ind. 377; Coulter v. Coulter, 81 Ind. 542.

A motion to have an award entered of record may be made orally or in writing, and is not subject to demurrer. Martin v. Bevan, 58 Ind. 282.

An award must be entered of record and a rule granted to show cause before judgment can be entered on the award. Healy v. Isaacs, 73 Ind. 226.

An appearance to a rule to show cause is a waiver of irregularities in granting the rule. Bash v. Christian, 77 Ind. 290.

855. (843.) Judgment on award.-14. Upon the return of the rule, the court shall confirm the award and render judgment thereon, unless the award be vacated, or modified, or postponed, as herein provided; which judgment shall have the same force and effect as judgments in other cases.

Objections to the confirmation of an award can only be made as provided by statute. Martin v. Bevan, 58 Ind. 282.

It should appear that the provisions of the statute have been complied with before judgment is entered. Anderson v. Anderson, 65 Ind. 196.

A statutory award is regarded as merely in fieri, until it is confirmed by the proper court. Shroyer v. Bash, 57 Ind. 349.

856. (844.) Hearing, when had on rule to show cause.-15. If the rule has been served ten days or more on the adverse party before the time set for showing cause against the award, the court may proceed to examine and determine the same in his absence; or if he appear, they shall proceed to hear and determine the grounds alleged against such award, if there be any.

A trial by jury can not be had. Milner v. Noel, 43 Ind. 324; Spencer v. Curtis, 57 Ind. 221.

857. (845.) What causes may be shown.-16. In all cases where an award or umpirage shall be presented to any court of record for a judgment to be entered thereon, whether the reference shall have been made by submission of parties as aforesaid or by rule of court, the adverse party may show, for cause against the rendition of said judgment, any of the following grounds:

First. That such award or umpirage was obtained by fraud, corruption, partiality, or other undue means; or that there was evident partiality or corruption in the arbitrators, or any or them.

Second. That the arbitrator or arbitrators was or were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence material and pertinent to the controversy, or any other misbehavior by which the rights of any party shall have been prejudiced.

Third. That the arbitrator or arbitrators exceeded his or their powers, or that he or they so imperfectly executed them that a mutual, final, and definite award on the subject-matter submitted was not made. The unsuccessful party in an award can only contest on one of the three grounds

named in this section. Indiana, etc., R. R. Co. v. Bradley, 7 Ind. 49; Spencer v. Curtis, 57 Ind. 221; Deford v. Deford, 116 Ind. 523.

As to the grounds of attacking and setting aside an award hereunder, see Madison Ins. Co. v. Griffin, 3 Ind. 277; White Water Valley Canal Co. v. Henderson, 3 Ind. 3; Ogden v. Rowley, 15 Ind. 56; Conrad v. Johnson, 20 Ind. 421; Rice v. Loomis, 28 Ind. 399; Shroyer v. Bash, 57 Ind. 349; Beeber v. Bevan, 80 Ind. 31; Insurance Co. v. Brehm, 88 Ind. 578.

A mistake of law can not be set up to defeat an award. Hays v. Miller, 12 Ind. 187; Conrad v. Johnson, 20 Ind. 421; Russell v. Smith, 87 Ind. 457.

If the arbitrators, while in performance of their duties, accept the hospitalities of one of the parties, it is cause for setting aside the award. Robinson v. Shanks, 118 Ind. 125.

An award may be impeached for fraud in procuring a submission. Rice v. Loomis, 28 Ind. 399.

Matters happening after the making of an award can not affect it. Beeber v. Bevan, 80 Ind. 31.

Parties objecting to an award must show affirmatively that it is not valid. Snodgrass T. Snodgrass, 32 Ind. 406.

Refusal on the part of the arbitrators to hear competent evidence is cause for objection. Milner v. Noel, 43 Ind. 324.

Objections to an award must be presented when it is offered for confirmation. Shroyer v. Bush, 57 Ind. 349.

It must appear that the complaining party was injured by the misconduct of the arbitrators before it will be cause for setting the award aside. Russell v. Smith, 87 Ind. 457.

Partiality or interest of arbitrators known to the parties before the award is made is no cause for setting it aside. Indiana Co. v. Brehm, 88 Ind. 578.

An award can not be enforced until it has been confirmed. Shroyer v. Bush, 57 Ind. 549; Anderson v. Anderson, 65 Ind. 196; Bush v. VanOsdol, 75 Ind. 186.

An award is a bar to a suit for the same matter. Walters v. Hutchins, 29 Ind. 136; Dilks v. Hammond, 86 Ind. 563; Baltes v. Bass Works, 129 Ind. 185.

858. (846.) When party may move to correct award.-17. Any party to such submission may move the court to modify or correct such award or umpirage, in the following cases:

First. When there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property referred to or mentioned in such award or umpirage.

Second. When the arbitrator or arbitrators shall have awarded upon some matter not submitted and not affecting the merits of the decision upon the matters which were submitted.

Third. When the award or umpirage shall be imperfect in some matter of form not affecting the controversy, and when, if it had been a verdict, such defect could have been properly amended or disregarded by the court.

An award can only be corrected when in the cases falling within this section. Huss . Turner, 2 Ind. 217.

Where an award provided that a sum should be paid "without relief from valuation or appraisement laws," it was held that the court could correct the same by striking out such words. Conrad v. Johnson, 20 Ind. 421.

It is only such errors as appear upon the face of the award or papers that can be corrected. Deford v. Deford, 116 Ind. 523.

859. (847.) Proceedings on motion.-18. The court shall hear the proofs and allegations of the parties, to invalidate and sustain such award or umpirage, and shall decide thereon, either confirming such award or umpirage, or may modify and correct the same in the cases prescribed in the last preceding section so as to effect the intent thereof and to promote justice between the parties, and shall render judgment on such original or corrected award or umpirage; or the court may vacate such award or umpirage for any of the causes hereinbefore specified, at the cost of the parties seeking to enforce such award or umpirage.

A motion for a new trial is not necessary to save questions, but exceptions should be taken. Coulter v. Coulter, 81 Ind. 542.

860. (848.) Kinds of judgment.-19. If such award or umpirage be confirmed, judgment shall be given in favor of any party to whom any sum of money or damages shall have been awarded that he recover the same; and if the award or umpirage shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such award or umpirage.

861. (849.) Costs, how taxed.-20. The costs of the proceedings in court shall be taxed as in suits; and if no provision for the fees and expenses of the arbitration shall have been made in the award or umpirage, the court shall make the allowances therefor. But if there was a suit pending previous to such submission, the costs of which were not noticed by the arbitrators or umpire, the court shall not allow or tax any of the costs thereof prior to such submission.

If an award is set aside on account of the misconduct of a party, he may be taxed with the costs. Robinson v. Shanks, 118 Ind. 125.

862. (850.) Judgment to do an act, how enforced.-21. When, by any judgment of the court on award or umpirage, any party shall be required to perform any act other than the payment of money, the court shall have power to enforce the same by attachment, until the terms of such judgment shall be complied with.

863. (851.) Reference of suit in open court.-22. If the subjectmatter of any suit pending in any court might originally have been submitted to arbitration, the parties to such suit, their agent or attorney at law, may consent, by rule of court, to refer the matter in controversy to certain persons mutually chosen by them in open court.

The record must show the consent of parties to the reference herein. Referees should report a finding of facts, not the evidence. Board v. Huston, 12 Ind. 276; Ware v. Adams, 12 Ind. 359; Daggy v. Cronnelly, 20 Ind. 474; Kelley v. Adams, 120 Ind. 340.

864. (852.) Referees, when sworn-Report.-23. Such referees, if required by the parties, shall be sworn in open court, or before any officer authorized to administer oaths, faithfully and impartially to investigate, adjust, and report the matters thus submitted, and shall proceed to the investigation of such matters according to the submis

sion of the parties, and report to the court at such time as shall be agreed by the parties in such rule of reference.

It is only when the parties require it that a referee need be sworn. Daggy v. Cronnelly, 20 Ind. 474.

865. (853.) Report, and effect thereof.-24. When such report shall be returned under the hands of the referees, or a majority of them, it shall be entered on the order-book, and shall be of the same effect, and be deemed and taken to be as available in law as the verdict of a jury.

The report of referees stands as a general finding of court, or the special verdict of a jury. Gilmore v. Board, 35 Ind. 344.

If the facts are not set forth in the report of referees, such report stands as a general verdict. Railway Co. v. Bradley, 7 Ind. 49.

866. (854.) Judgment on report.-25. Either party may move the court for judgment on such report; and if no sufficient cause be shown to the contrary, judgment shall be rendered thereon in like manner and with like force and effect as if rendered upon the verdict of a jury. Judgment must be entered on the report of referees before the same is of any effect. Gilmore . Board, 35 Ind. 344.

867. (855.) Pay of arbitrators and referees.-26. Such arbitrators and referees shall be allowed one dollar per day each for every day they are necessarily employed as such arbitrators.

When matters are submitted to arbitration but not in accordance with the statute, it will be a common law arbitration. Forqueron v. Van Meter, 9 Ind. 270; Hawes v. Coombs, 34 Ind. 455; Smith v. Kirkpatrick, 58 Ind. 254.

A common law submission may be either by parol or in writing. Carson v. Earlywine, 14 Ind. 256; Miller v. Goodwine, 29 Ind. 46; Kelley v. Adams, 120 Ind. 340. Under a common law arbitration all the arbitrators must act unless the submission provides otherwise. Baker v. Farmbrough, 43 Ind. 240; Byard v. Harkrider, 108 Ind. 376.

In a common law arbitration a copy of the award need not be served upon the parties. Boots v. Canine, 58 Ind. 450.