wit, The paries shall nominate alternately, beginning with the plaintiff seven persons, with liberty to each or either of them in turn, to object to such nomination, and if all the persons thus nominated be objected to, the prothonotary shall name a suitable and disinterested person for the umpire; if he be objected to by either of the parties, the prothonotary shall name another, and so on until he name seven persons; if all are objected to, he shall make out a list of three suitable and disintertested persons, if the number of arbitrartors be three; five, if the number of arbitrators be five; and seven, if the number of arbitrators be seven; the parties shall then strike out, alternately, beginning with the plaintiff, until the name of only one person be left, who shall be the umpire.

"Section III. That if only one of the parties, their agents or attorneys, attend on the day appointed to choose arbitrators, it shall be the duty of the prothonotary to fix the number of arbitrators, and nominate for the absent party, and also object to the nominations made by the party present, if he thinks necessary: Provided always, That before the foregoing proceedings be had, if the party absent be the party who has not entered the rule of reference, proof shall be made, on oath or affirmation, that due notice was served on such party, agreeably to the provisions contained in the first section of this act.

"Section IV. That when both parties attend, on the day appointed to choose arbitrators, either by themselves, their agents, or attornies, and a greater number of persons should be objected to than is above stated, the prothonotary shall make out a list containing the names of five suitable, disinterested persons, for each and every one of the number of arbitrators so as aforesaid agreed upon, or fixed by the prothonotary; from which list the parties, their agents or attornies, shall strike out alternately, beginning with the plaintiff, until the number be left so agreed on or fixed, and the persons thus selected, shall be the arbitrators to determine such suit or action: Provided always, That if a part of the arbitrators be agreed upon by the parties, the above proceedings shall only be had to supply the deficiency, and complete the number of arbitrators agreed upon or fixed, as aforesaid.

"Section V. That where only one party attends, on the day appointed to choose arbitrators, and the prothonotary nominates and objects for the absent party, and it should so happen that a

greater number of arbitrators are objected to than is above stated, then the duties enjoined on the prothonotary, in the preceding section of this act, shall be performed either by the recorder of deeds, the sheriff, treasurer or coroner of the proper county.

"Section VI. That the arbitrators chosen or appointed as aforesaid, shall reside within the city or county, where the action or suit shall be pending; but no arbitrator shall be obliged to serve on more than ten trials in any one year.

"Section VII. That it shall be the duty of the prothonotary to fix a day and hour certain, on which the arbitrators shall meet, which shall be not less than ten nor more than twenty days in the city and county of Philadelphia, and not less than twenty nor more than thirty days in the other counties of this commonwealth, after their appointment and the place of meeting of such arbitrators shall also be fixed by the prothonotary. Provided always, That if the parties can agree, they may fix the time when, and the place where the arbitrators are to meet.

"Section VIII. That it shall be the duty of the party, his or their agent or attorney, entering the rule of reference, and he, she, or they, are hereby required, under the penalty of twenty dollars, to be recovered before a justice of the peace, or alderman, for the use of the adverse party, as debts under five dollars thirty-three cents are recoverable; to procure under the hand of the prothonotary, one certified copy of the record, containing the names of the arbitrators, the time when, and the place where the arbitrators are to meet. And serve a copy of the same on each of the arbitrators, and also on the opposite party, if such party live or reside in the county; if not, on his, her, or their agent or attorney, where such party has not attended by himself, his agent or attorney, on the day on which the arbitrators were chosen or appointed, giving at least eight days notice in the city and county of Philadelphia, and fifteen days in the other counties of the commonwealth, previous to the day of meeting; and the proof of such sevrice shall be the oath or affirmation of the person serving the same.

"Section IX. That if any arbitrator or arbitrators shall refuse or neglect to attend, or be prevented by sickness or other unavoidable accident, a majority of the whole number of arbitrators and the parties being present, and where one of the parties be absent, unless prevented by sickness or other unavoidable

cause, notice thereof being given to the arbitrators, the sufficiency of which shall be left to their discretion, it shall then be the duty of the arbitrators present or a majority of them (when the parties cannot agree on suitable persons to supply such vacancy) to appoint a competent number of persons in place of those who may be absent; and the arbitrators thus appointed, shall have the same authority as if appointed under the foregoing provisions of this act.

"Section X. That the arbitrators thus appointed and met, shall be sworn or affirmed, either by an alderman or a justice of the peace, or in the following manner, to wit: One of the arbitrators shall swear or affirm the rest and either of them thus qualified, shall then swear or affirm such arbitrator; and they being all thus sworn or affirmed, justly and equitably to try all matters in variance, submitted to them, either of them shall have power to administer oaths or affirmations, to such persons called before them (as they or a majority of them shall believe to be proper, disinterested and competent witnesses) as well as to judge of the credibility of their testimony, and the propriety of admitting in evidence and written document that may be produced, and to call on either party to produce any books, papers or documents that they shall deem material to the cause, and likewise to decide the law and the fact, that may be involved in the cause to them submitted; and moreover, the said arbitrators or a majority of them that are present, shall have full power to adjourn their meetings from day to day, or for a longer time. And also from place to place if they think proper; and if both parties appear either by themselves, their attornies or agents before the arbitrators on the first or any subsequent day of meeting, or if any one of the parties be absent, unless prevented by sickness or some unavoidable cause, the sufficiency of which shall be left to the discretion of the arbitrators; then and in either case the arbitrators shall proceed to investigate, examine and decide the cause, suit or action to them submitted, and report their determination, and make out an award signed by all or a majority of them, and transmit the same to the prothonotary within seven days after they have agreed upon their report, who shall make an entry thereof on his docket, which, from the time of such entry shall have the effect of a judgment against the party against whom it is made, and

be a lien on his real estate until such judgment be reversed on an appeal.

"Section XI. That if either of the parties shall be dissatisfied or think him, her or themselves aggrieved by the report of arbitrators made as aforesaid, he, she or they shall have an appeal to the court in which the cause was pending at the time the rule of reference was entered, under the following rules, regulations and restrictions, to wit: The party appellant, whether plaintiff or defendant, his, her or their agent or attorney shall swear or affirm, that it is not for the purpose of delay such appeal is entered, but because such party firmly believes injustice has been done, and the party, his, her or their agent or attorney, shall enter such appeal with the prothonotary of the proper county, with the bail and recognizance hereinafter required, within twenty days after the entry of the award of the arbitrators on his docket, and if such appeal, bail and recognizance should not be entered within the time above mentioned, then it shall be the duty of the prothonotary, at the request of the party in favor of whom the report of the arbitrators shall have been made, to issue execution or such other process as may be necessary to carry into complete effect and operation such judgment obtained as aforesaid. Provided always, That where judgment has been rendered for any sum or sums of money, the like stay of execution shall be had under the like regulations as is provided by the seventh section of an act entitled 'An act to regulate arbitrations and proceedings in courts of justice,' passed the twenty-first of March one thousand eight hundred and six. Provided also, That no appeal shall be allowed to either party, until the appellant pay all the costs that may have accrued on such suit or action. And provided also, That the appellant shall not be permitted to produce as evidence in court, any books, papers and documents which he or they shall have withheld from the arbitrators.

"Section XII. That if the plaintiff be the appellant, he shall, by himself, his agent or attorney, with one or more sufficient sureties, be bound in recognizance with the prothonotary, the condition of which shall be, that if the said plaintiff shall not recover in the event of the suit, a sum greater or a judgment more favourable than the report of the arbitrators, he shall pay all costs that shall accrue in consequence of said appeal, and one dollar per day for each and every day lost by the defendant in attending on such

appeal, which costs and daily pay shall be taxed and recovered as costs in other cases are recoverable.

"Section XIII. That the costs to be paid by the appellant, as required by the proviso of the eleventh section of this act, shall nevertheless, be taxed in the appellant's bill, and recovered of the adverse party in such cases only wherein the event of the suit the appellant is entitled to recover costs, agreeably to the provisions contained in this act.

"Section XIV. That if the defendant be the appellant, he shall, by himself, his agent or attorney, produce one or more sufficient sureties, who shall enter into a recognizance with the prothonotary, in the nature of special bail, the condition of which shall be, that if the plaintiff in the event of the suit, shall obtain a judgment for a sum equal to or greater, or a judgment as or more favorable than the report of the arbitrators, the said defendant shall pay all the costs that may accrue in consequence of said appeal, together with the sum or value of the property or thing awarded by the arbitrators, with one dollar per day for each and every day that shall be lost by the plaintiff in attending to such appeal, or in default thereof, shall surrender the defendant or defendants to the jail of the proper county, in discharge of the said recognizance, which sum, costs and daily pay, shall be recovered as is provided by the foregoing section of this act. Provided, That where executors or administrators may be the party appellant as aforesaid they shall have an appeal as is by law allowed in other cases.

"Section XV. That all suits now depending in the court of common pleas of Philadelphia county, on appeals from the awards of arbitrators, made in pursuance of the act of the twenty-ninth day of March one thousand eight hundred and nine, while the said suits were depending in the supreme court in the eastern district, be, and the same are hereby transferred to the said supreme court, and considered to all intents and purposes as if such appeals had been made to the said supreme court, and the like proceeding shall be had thereon in the said last mentioned court as if the appeal had been entered to the same.

"Section XVI. That it shall be the duty of the prothonotary of the court of common pleas of Philadelphia county, and he is hereby required immediately after the passing of this act, to transmit to the prothonotary of the supreme court of the eastern