residue of the contract of any apprentice, the orphans' court, or any two justices of the peace in the county where the deceased master did last reside, may appoint three persons of the same trade or occupation with the deceased master, any two of whom shall have power to value, upon oath, the residue of the contract, and the father may make his election either to pay the widow such valuation, or the widow shall have power to make the assignment without his consent, of the residue of the inden-ture, with the approbation of the orphans' court.

ARTICLE VII.

ARBITRATION AND AWARD.

to be valid.

1. Board of public works may arbi- 14. Special agreements for arbitration trate between corporations in which State is interested and their employees.

2. Arbitration between corporations and their employees.

3. May be conducted by judge or justice of the peace.

5. Parties may be represented before

arbitrators.

6. Award of arbitrators; how made and enforced.

1878, ch. 379, sec. 1.

1. Whenever any controversy shall arise between any corporation incorporated by this State in which this State may be interested as a stockholder or creditor, and any person in the employment or service of such corporation, which, in the opinion of the board of public works, shall tend to impair the usefulness or prosperity of such corporation, the said board of public works. shall have power to demand and receive a statement of the grounds of said controversy from the parties to the same; and if, in their judgment, there shall be occasion so to do, they shall have the right to propose to the parties to said controversy, or to any of them, that the same shall be settled by arbitration; and if the opposing parties to said controversy shall consent and agree to said arbitration, it shall be the duty of the said board of public

works to provide in due form for the submission of the said controversy to arbitration, in such manner that the same may be finally settled and determined; but if the said corporation, or the said person in its employment or service, so engaged in controversy with the said corporation, shall refuse to submit to such arbitration, it shall be the duty of the said board of public works to examine into and ascertain the cause of said controversy, and to report the same to the next general assembly.

1878, ch. 379, sec. 2.

2. All subjects of dispute arising between corporations, and any person in their employment or service, and all subjects of dispute between employers and employees in any trade or manufacture, may be settled and adjusted in the manner hereafter mentioned.

Ibid. sec. 3.

3. Whenever such subjects of dispute shall arise as aforesaid, it shall be lawful for either party to the same to demand and have an arbitration or reference thereof in manner following, that is to say where the party complaining and the party complained of shall come before, or agree by any writing under their hands, to abide by the determination of any judge or justice of the peace, it shall and may be lawful for such judge or justice of the peace to hear and finally determine in a summary manner the matter in dispute between such parties; but if such parties shall not come before, or so agree to abide by the determination of such judge or justice of the peace, but shall agree to submit their said cause of dispute to arbitrators, appointed under the provisions of this article, then it shall be lawful for any such judge or justice of the peace, and such judge or justice of the peace is hereby required, on complaint made before him, and proof that such agreement for arbitration had been entered into, to appoint arbitrators for settling the matters in dispute; and such judge or justice of the peace shall then and there propose not less than two nor more than four persons, one-half of whom shall be employers and the other half employees, acceptable to the parties to the dispute, respectively, who, together with said judge or justice of the peace, shall have full power finally to hear and determine such dispute.

1878, ch. 379, sec. 4.

4. In all such cases of dispute as aforesaid, as in all other cases, if the parties mutually agree that the matter in dispute shall be arbitrated and determined in a mode different from the one hereby prescribed, such agreement shall be valid, and the award and determination thereon by either mode of arbitration shall be final and conclusive between the parties.

Ibid. sec. 5.

5. It shall be lawful in all cases for any employer or employee, by writing under his hand, to authorize any person to act for him in submitting to arbitration and attending the same.

Ibid. sec. 6.

6. Every determination of dispute by any judge or justice of the peace shall be given as a judgment of the court over which said judge presides, and of the justice of the peace determining the same; and the said judge or justice of the peace shall award execution thereon as upon verdict, confession or non-suit; and every award made by arbitrators appointed by any judge or justice of the peace under the provisions of this article, shall be returned by said arbitrators to the judge or justice of the peace by whom they were appointed; and said judge or justice of the peace shall enter the same as an amicable action between the parties to the same in the court presided over by said judge or justice of the peace, with the same effect as if said action had been regularly commenced in said court by due process of law, and shall thereupon become a judgment of said court, and execution thereon shall be awarded as upon verdict, confession or non-suit; and in all proceedings under this article, whether before a judge or justice of the peace, or arbitrators, costs shall be taxed as are now allowed by law in similar proceedings, and the same shall be paid equally by the parties to the dispute; such award shall remain four days in court during its sitting, after the return thereof, before any judgment shall be entered thereon; and if it shall appear to the court within that time that the same was obtained by fraud or malpractice in or by surprise, imposition or deception of the arbitrators, or without due notice to the parties or their attorneys, the court may set aside such award and refuse to give judgment thereon.

ARTICLE VIII.

ASSIGNMENT OF CHOSES IN ACTION.

1. Assignee of money claims may sue in his own name.

2. Sci. fa. by assignee.

3. Defendant's defences against assignee.

4. Death of legal plaintiff before

judgment.

6. When surety may have execution.
7. Payment by one of several sure-
ties.

8. Assignment by State's attorney to
surety, when authorized.
9. When assignee of bond may sue
obligee.

5. Surety, upon paying the debt, may 10. Oath to be made by obligee at time

sue in his own name.

of assignment.

P. G. L., (1860,) art. 9, sec. 1. 1829, ch. 51. 1830, ch. 165, sec. 1.

1. The assignee of any judgment, bond specialty, or other chose in action for the payment of money, or any legacy or distributive share of the estate of a deceased person bona fide entitled thereto by assignment in writing signed by the person authorized to make the same, may, by virtue of such assignment, maintain an action or issue an execution in his own name against the debtor therein named, in the same manner as the assignor might have done before the assignment.

McNulty. Cooper, 3 G. & J. 214. Schnebly v. Ragan, 7 G. & J. 120. Kent v. Somervell, 7 G. & J. 265. Lamar v. Manro, 10 G. & J. 50. Jones v. Har. desty, 10 G. & J. 419. Gordon v. Downey, 1 Gill 41. Chesley v. Taylor, 3 Gill, 251. Crawford v. Brooke, 4 Gill, 222. Dakin v. Pomeroy, 9 Gill, 6. N. Y. Life Ins. Co. v. Flack, 3 Md. 354. Cox v. Sprigg, 6 Md. 286. McDowell v. Goldsmith, 6 Md. 343. Watson v. Bane, 7 Md. 126. Robinson . Marshall, 11 Md. 251. Shriner v. Lamborn, 12 Md. 174. Augusta Ins. Co. v. Abbott, 12 Md. 348. Reynolds . Manning, 15 Md. 521. National Fire Ins. Co. v. Crane, 16 Md. 260. Hooper &. Logan, 23 Md. 209. Banks v. McClellan, 24 Md. 80. Stine . Young, 26 Md. 238. Union Bank v. Tillard, 26 Md. 446. Schaferman v. O'Brien, 28 Md. 574. Spiker v. Nydegger, 30 Md. 321. Canfield v. McIlwaine, 32 Md. 98. Emerick v. Coakley, 35 Md. 188. Balto. City Pass. R. W. Co. v. Sewell, 35 Md. 254. Lucas v. Bryne, 35 Md. 492. Ahern v. White, 39 Md. 418. McAleer . Young, 40 Md. 445. Whitridge v. Barry, 42 Md. 140. Jackson 7. Myers, 43 Md. 462. Hewell v. Coulbourn, 54 Md. 64. Schaffer v. Union Mining Co., 55 Md. 82. Crisfield v. State, 55 Md. 196. Hampson v. Owens, 55 Md. 586. Gable v. Scarlett, 56 Md. 174. Tradesmen's Nat. Bank v. Green, 57 Md. 605.

Handy v. Collins, 60 Md. 245.

P. G. L., (1860,) art. 9, sec. 2. 1830, ch. 165, sec. 2.

2. The equitable assignee of a judgment may issue scire facias in his own name, to revive the same without administration upon the estate of the legal plaintiff.

Kent. Somervell, 7 G. & J. 265. Bank U. S. v. Lyles, 10 G. & J. 333. Clarke v. Digges, 5 Gill 118. Goldsborough v. Cradie, 28 Md. 408.

Ibid. sec. 3. 1829, ch. 51. 1830, ch. 165, sec. 3.

3. Any defendant may make the same legal or equitable defences as might or could have been had and maintained against the assignor at the time of such assignment and before notice thereof, and to the same extent.

Balto. Ins Co. v. McFadon, 4 H. & J. 45. Kemp's Exrs. v. McPherson, 7 H. & J. 320. Harwood v. Jones, 10 G. & J. 420. Phalen v. State, 12 G. & J. 18. Job v. Walker, 3 Md. 129. Cox v. Sprigg, 6 Md. 274. Robinson v. Marshall, 11 Md. 251. Timms . Shannon, 19 Md. 297. Huston v. Ditto, 20 Md. 331. Lucas . Byrne, 35 Md. 485. McAleer v. Young, 40 Md. 439.

Ibid sec. 4. 1830, ch. 165, sec. 2. 1880, ch. 161, sec. 4.

4. When the legal plaintiff in any suit entered for the use of any person shall die before or after judgment, the person for whose use the same may be entered, or who may be entitled to the same, or his representative, may prosecute the same to judg ment and satisfaction, as if the legal plaintiff had not died.

McAleer v. Young, 40 Md. 439.

Ibid. sec. 5. 1763, ch. 23, sec. 7.

5. The surety in any bond or other obligation, for the payment of money or promissory note, or the endorser of any protested bill of exchange, who shall pay or tender the money due thereon, whether the whole be due or part has been previously paid, shall be entitled to an assignment thereof; and may, by virtue of such assignment, maintain an action in his own name against the principal debtor.

Norwood v. Norwood, 2 H. & J. 238. Sotheren v. Reed, 4 H. & J. 307. Ghiselin v. Ferguson, 4 H. & J. 522. Creager v. Brengle, 5 H. & J. 234. Merryman v. State, 5 H. & J. 426. Hollingsworth v. Floyd, 2 H. & G. 91. Williamson v. Allen, 2 G. & J. 344. Colegate v. Fredericktown Savs. Ins., 11 G. & J. 114. Semmes . Naylor, 12 G. & J. 358. Hall's Admr. v. Cresswell, 12 G. & J. 36. Carroll v. Bowie, 7 Gill, 34. Neptune Ins Co. v. Dorsey, 3 Md.