returned to the court. To be enter Copy of a- the contending parties, (ƒ) and the original returned by them to ward to be givthe court in which the submission was made, at the court next sucen to each party, and original cecding the date of said award, provided there be fifteen days (g) between the date of said award and such court. The award so returned, shall be entered of record, and made the judgment or decree of said court, and shall not be invalidated, set aside or appealed from, unless it shall be made appear to the court, that such award was obtained by corruption, evident partiality, or other undue means (h) in any of which cases, if either of the parties shall think himself aggrieved, by the judgment or decree of the court upon an award so improperly obtained, he may appeal therefrom to the Court ed of record, & made judgment or decree of the court. For what cau ses awards may be set aside. (f) The delivering copies of the award to each of the parties, is necessary, but need not be stated in the award. An objection that copies were not delivered, must be made in the court below. Shult v. Travis, Pr. Dec. 163. 2. The award must show that the parties or their agents had time and notice, or were present when the award was made, to give them an opportunity of knowing when it would be returned to court.-Ibid, Pr. Dec. 164. 3. If the parties were duly served with copies of the award, objections that the arbitrators proceeded ex parte, will not avail in the court of appeals, unless the objection was made in the court below.-Hopkins & Collins v. Sodouskie, 1 Bibb, 148. Judges may suffer a cause to be referred to themselves as arbitrators.-Ibid. (g) Consent that an award shall be returned to the court sitting when the order of reference was made, shall not be construed to waive the right of having fifteen days intervening between the date of the award, and its return to a subsequent term.-Philips v. Travis, Pr. Dec. 202; 2 Bibb, 158. 2. Fifteen days must have elapsed from the date of the award, before judgment can be given, unless the party be in court and waive the objection.--Middleton v. Hume, 3 J. J. Mar. 222. 3. Court should not pronounce judgment at the return term of an award, unless the party objecting had been furnished with a copy, or had waived the omission.-Cleaveland v. Dixon et al. 4 J. J. Mar. 227. 4. After arbitrators have made out and returned an award, their authority ceases, and consequently any award made afterwards is void, and the judgment on it is erroneous. Although the first award made out and returned, was invalid, for want of the solemnities re quired by law, yet the making out and returning it, terminated the authority of the arbitrators.— Martin v. O'Neal, 2 Litt. 54. (h) Fraud, collusion, corruption, or misbehaviour in the arbitrators, is a sufficient ground to set aside an award. So is a mistake produced by the fraud or unfairness of one of the parties. -Baker's Heirs v. Crockett, Har. 389. If an award on the face of it, be at first blush outrageously erroneous, this may of itself be evidence of partiality or corruption, and supersede the necessity of producing other proof.—Ibid. 2. In award, there are cases of false assumption of premises, of general legal principles not applicable to this or that particular case, and of plain mistakes, not of judgment, but of carrying the judgment given into the details of the transaction, which ought to be relieved against when apparent. Thus in an award relative to conflicting land claims, a mistake as to the quantity of acres to be conveyed, when the mode of surveying to ascertain the proper quantity was given and directed, will not vitiate the award; but the court carrying the award into effect, should, in their decree, correct it.—Ibid. 3. Misjudgment of the law by arbitrators, is not alone a sufficient cause for setting aside an award.-Ibid, Har. 388; Ewing v. Beauchamp, 3 Bibb, 41; Offut v. Proctor, 4 Bibb, 252; Williams v. Davis, 2 J. J. Mar. 533. 4. The facts and principles of an arbitrament not appearing in the body of an award, cannot be revised and examined by the court upon a certificate of the arbitrators.-Short v. Kincaid, 1 Bibb, 421. 5. That arbitrators heard evidence in relation to a matter not within the submission, (when it does not appear that such matter was taken into consideration in making the award,) is no ground for setting aside the award.-Offutt v. Proctor, 4 Bibb, 252. of Appeals, provided it has cognizance thereof, and provided also that the said appeals shall be made at the court to which the award is returned, or within sixty days thereafter in the office of the clerk of the said court; which appeal the said clerk shall grant, on the party or his agent or attorney, entering into bond with sufficient security, to prosecute the same; and the party appealing, shall in either case, within ten days after obtaining the said appeal, give to the opposite party or to his agent notice thereof in writing; a copy of which, with an affidavit of the service thercof, he shall lodge together with the record from the court below, in the office of the Court of Appeals, on or before the first day of the ensuing court thereof, and in case he fails so to do, he shall lose his right of appeal and the party in whose favor the award may be, shall be entitled to sue out an execution thereon, in the manner prescribed in similar cases of judgments or decrees. 147 May be ap pealed from in sixty days. Awards to be regularity. SEC. 3. No award made by virtue of this act, shall be liable to be examined into, superseded or revised by writ of error, or be set set aside for iraside by the court to which it may be returned for want of form only, nor for other irregularity, if by such award, it manifestly appears, that the suit, matter, or controversy submitted, is thereby finally and certainly decided: (i) Provided nevertheless, That noth (i) If an award do not express the time from which interest is to be calculated, it is void. Orear v. Singleton, Pr. Dec. 77. Power of the 8. Award good in part, may be sustained so far as it is good, provided, in this particular, it be mutual. Williams v. Davis, 2J. J. Mar. 539. 9. Award that "defendant pay to plaintiff $10 and costs, which may be discharged in com, monwealth's paper," if court render judgment 2. An award good in part and bad in part, may be supported as to that part which is good. -Galloway's Heirs v. Webb, Har. 318. An award certain to a common intent, is for $10 and costs, in specie, plaintiff cannot regood.-Ibid. verse it, for he is not injured.-Ibid. As to necessary certainty in awards, see same case; also Cox v. Smyth, Har. 411. 3. The certainty required in an award is such as will enable each party to know how the matter is settled, so that he may perform the award, if honestly disposed to do so; and that award is final, which, when performed, leaves no just cause of action between the parties respecting the same subject matter.-Short v. Kincaid, 1 Bibb, 420. 4. Expression of an opinion by arbitrators in their report, not taken as an award.-Dicken v. Griffith, 7 Mon. 606. 5. Certainty to a common intent, is all that is required in an award.-Gentry v. Barnet, 2 J. J. Mar. 314. 6. Awards are to be construed according to common sense and popular understanding.Ibid, 315. 7. Award of costs, without calculation of them, is reasonably certain, and therefore good. -Ibid. 10. An award must be certain, final, and conclusive, or it may be set aside. Award, that a party shall have land secured to him, or have its value in money, at his election, is not certain and final. The time in which to elect ought to have been limited, and the value of the land in money ascertained. An award that leaves any thing for future adjustment, (otherwise than by computation or measurement,) cannot be sustained.-Coghill v. Hord, 1 Dana, 351. 11. As to a parol reference and award, one arbitrator testified that he believed that the defence to a portion of the plaintiff's demand was sustained: the other testified that it was his impression that no award was made as to that portion: the evidence of the former, being consistent with the submission, and more positive, is conclusive.—Engleman's Ex'rs. v. Engleman, 1 Dana, 438. courts of equity ing herein contained shall be construed to take from courts of equity their powers over awards, arbitraments or umpirages. (j) as heretofore. Fee to clerk. Arbitrators to lings per day. How paid. SEC. 4. The clerks shall be allowed for all the services, to be performed by them under this act, the same fees as are allowed by law for the like services, in cases of a similar nature. SEC. 5. The arbitrators for their services shall receive nine shilreceive 9 shillings per day each if demanded, to be paid jointly by the contending parties, before copies of the award are delivered to them as aforesaid. The fees to the clerk prior to the return and entry of the award, shall be jointly paid down by the contending parties, as those services are rendered; but after the award is entered of record, all subsequent costs shall be charged to, and collectable from that person against whom the judgment or decree of the court shall be, under such award; except, however, it shall be otherwise directed, in and by said award. Allowance to witnesses. SEC. 6. Witnesses shall be allowed the same compensation, while travelling to, and attending on said arbitrators, and be equally privileged from arrests, as witnesses attending the courts of quarter sessions. TITLE 11. ARMS PUBLIC. 1814. Governor au thorized to col lect the public arms. IN FORCE FROM ITS PASSAGE. AN ACT authorizing the Governor to provide for the collecting together, and safe keeping of the Public Arms: Approved February 1, 1814.-5 Litt. 129. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the governor is hereby authorized and empowered to take such steps for collecting of said arms as he may think proper; and when so collected, to appropriate a sufficient number of rooms in the penitentiary or elsewhere, in the town of Frankfort, for the (j) The above proviso, it will be perceived, leaves to courts of equity the same powers they had over awards before the passage of this law; and as to how far the chancellor will interfere, see Baker's Heirs v. Crockett, Har. 394, where the English authorities are collated. See also Callant, &c. v. Downey, 2 J. J. Mar. 348. May distrib ute the same to volunteer com deposite and safe keeping of the said arms, and other military accoutrements. Any expenses incurred by the governor under the provisions of this act, shall be paid out of the public treasury, on the amount of said expenses being certified by the governor to the auditor of public accounts: Provided, that the governor may, at his discretion, from time to time distribute the said arms and accoutrements, or as many of them as he may think proper, amongst the panies. different independent volunteer companies, or troops of the militia of this state; taking bond and security of the commanding officer of such company or troop respectively, for the safe keeping and returning of such arms to the quarter-master general of this state, of the same. whenever called on for that purpose. 1831. Bond to be taken for return IN FORCE FROM ITS PASSAGE. AN ACT further to regulate the Militia Correspondence, and for other purposes: SEC. 5. Be it further enacted, That it shall be the duty of the brigade inspectors, to examine into the condition of the public arms, and report specially, to the brigadiers, who shall transmit the same to the adjutant general, to be handed by him to the quarter-master general: Provided, however, that if any brigade inspector fails to make such report, he shall be fined, by a brigade court-martial, in any sum not less than twenty dollars, nor more than fifty dollars. Quartermas→ ter-general authorized to have the public arms returned to the arsenal. Brigade inspector to re port the condition of the pub lic arms. Proviso. TITLE 12. ASSIGNMENT OF BONDS, NOTES, &c. 1798. IN FORCE FROM ITS PASSAGE. AN ACT to reduce into one the several acts concerning the Assignment of Bonds and other writings: (a) Approved February 10, 1798.-2 Litt. 75. SEC. 1. Be it enacted by the General Assembly, That all bonds, bills, and promissory notes, whether for money or property, shall be assignable. assignable, (b) and it shall and may be lawful for the assignee Bonds, &c. for money and property made (a) The above act is constitutional. It is retrospective as to the obligations made assignable; and prospective as to the assignments authorized by it. Ford v. Hale, 1 Mon. 23. Bonds or notes assigned under it are not governed by the mercantile law, nor are the assignments thereon.-Drake v. Johnson, Har. 218. (b) A bond for the conveyance of land is assignable, and the assignee may maintain an action thereon in his own name.--Conn v. Jones, Har. 8; Neyfong v. Wells, Ibid, 562. 2. An article of agreement for the conveyance of land by one party, and for the payment of money by the other party, is not assignable by the statute.-Bowman v. Frowman, 2 Bibb, 233. 3. An assignment of the balance of the money due upon a note, is an assignment of the note itself, within the meaning of the statute and the assignee may maintain an action in his own name.-Bledsoe v. Fisher, 2 Bibb, 471. 4. An article of agreement, containing mutual covenants, is not assignable, so as to enable the assignee to bring an action in his own name. -Craig v. Miller, 3 Bibb, 441. 5. The assignment not under seal of a lease for more than three years from the date of the assignment cannot have the effect of transferring the legal title to the term unexpired of the demised premises.--Haynes v. Adams, 3 Mar. 150. 6. A lease for years is assets in the hands of the administrators and may by them be assigned, and if there be a plurality, the assignment of one binds the others.-Lewis' Heirs v. Ringo, 3 Mar. 248. 7. No set form of words is necessary in the assignment of an assignable note; any words which show an intent in the holder to part with it, vests the assignee with the right to it.-Frankfort Bank v. Hunter, 3 Mar 292. 8. "Pay to A. M. or order," is a sufficient assignment of a writing assignable by statute only. -Ibid. 9. A contract between the master and infant apprentice is not assignable.-Hudnut v. Bullock, 3 Mar. 300. 10. An equitable interest is assignable in equity, though not at law.-Mitchel et al, v. Owings, 3 Mar. 315. 11. The endorsement of a note to the payers, is an extinguishment of the note; and it cannot be revived by their endorsing it to a third person, or to the original payee.-Long & Robertson v. Bank of Cynthiana, 1 Litt. 290. But such endorsement, although it would not revive the extinguished note, would if made on a valid consideration, create a new obligation on the endorser.-Ibid. The same principles apply as well to notes negotiated at bank as to others.-Ibid. When a note endorsed in blank has been improvidently filled up to the payers (after several prior endorsements) and by them endorsed to a bank, and a loan obtained on it, leave may be |