COURT OF ARBITRATION.

STATE OF NEW-YORK.

LAWS OF 1875: CHAPTER 495.

AN ACT

RELATING TO THE COURT OF ARBITRATION OF THE CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK, AND TO PROVide for

THE EXPENSES THEREOF.

Passed June 5, 1875. Three-fifths being present.

The People of the State of New-York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Chapter two hundred and seventy-eight of the laws of eighteen hundred and seventy-four, entitled "An Act to amend Chapter two hundred and fiftyone of the laws of eighteen hundred and sixty-one, and to provide for the arbitration of mercantile disputes in the Port of New-York," passed April twenty-nine, eighteen hundred and seventy-four, is hereby amended; and such amendments are comprised in the following sections of this act:

Official Arbi

SEC. 2. The Arbitrator of the Court of Arbitration Arbitrator, his of the Chamber of Commerce of the State of New-York term of office. holds office during good behavior, and may be removed How removed. by the Governor, if, upon due notice, and after a hearing, he is found guilty by the Governor of malfeasauce, misfeasance, or continued nonfeasance in office. The expression, "official Arbitrator," as used in this act, refers trator. to the officer designated in this section. In case of the resignation, removal or death of such official Arbitrator, his successor must be nominated and appointed by the Governor, with the advice and consent of the Senate, and commissioned by the Governor. Every such official Oath of office, Arbitrator appointed after this act takes effect, must file with the Secretary of State the constitutional oath of

Successor, how appointed.

how filed.

When filed.

Official Arbi

ister oaths and

take proofs and acknowledg

subpœnas.

office. Unless he files his oath of office within ten days after his confirmation by the Senate, he is deemed to have declined the office.

SEC. 3. The official Arbitrator has power to administer trator to admin- oaths and affirmations to be used before any court or affirmations; to officer; to take the proof and acknowledgment of any charter-party, marine protest, contract, or other written ments; o issue instrument, and to require any witness to appear and Official Arbi- testify before him, or the said Court of Arbitration, or trator to adopt before the Board of Arbitrators hereinafter provided for, and promulgate. rules of prac-in matters pending in said court. He must adopt and promulgate short and simple rules to be observed in proPower to car- ceedings taken as prescribed in this act; and he has visions of this power to do and order whatever may be necessary to carry out the provisions of this act.

tice.

ry out the pro

act.

Arbitration Clerk, term of.

SEC. 4. The Clerk of the said Court of Arbitration is known as the Arbitration Clerk, and holds office during the pleasure of said Chamber. In case of his death, reHow appointed. signation or removal, the said Chamber of Commerce must elect his successor. The Governor must appoint and commission the person so elected: but before such Must file offi- commission can be issued, the person so elected must file in the office of the Secretary of State an official oath, to the same effect as the constitutional oath of office. Unless he files such oath within ten days after his election, he is deemed to have declined the office. The said Chamber of Commerce may authorize the Arbitration Clerk .assist- to appoint one or more assistants, and provide for their compensation.

cial oath.

When filed.

Clerk to

point

ants.

ap

Arbitration Clerk, his duties.

tilating or alter

SEC. 5. The Arbitration Clerk must safely and correctly keep all the minutes, documents, records, books and other papers and effects of the official Arbitrator, and of the said Court of Arbitration, and relating to the Stealing, mu- arbitration for which this act provides. Any person who ing books, re-steals, mutilates or alters any book, record or paper filed cords or papers, with or kept by the Arbitration Clerk, is guilty of the how punished. same offence, and is punishable therefor in the same manner as if such act was committed with respect to a record kept, as prescribed by law, in the office of the Clerk of the County of New-York.

Official Arbi.

trator, his sal

SEC. 6. The salary of the official Arbitrator shall be at ary, how paid. the rate of ten thousand dollars per annum, commencing with the first day of January, eighteen hundred and seventy-five, and shall be raised and paid out of the State Treasury on the warrant of the Comptroller, in the same manner as salaries of judges of the Supreme Court. The salary of the Arbitration Clerk shall be

Clerk, his sal

three thousand dollars per annum, commencing at the Arbitration same period, and shall be raised and paid in the same ary, how paid.

manner.

to

SEC. 7. Said Chamber of Commerce shall provide Chamber of proper and convenient rooms and furniture, together Commerces, with attendants, fuel, lights and stationery, suitable and &c., for transsufficient for the transaction of the business of said Court; ness of Court. and such expenses shall be borne by said Chamber at its own proper costs and charges.

action of busi

SEC. 8. The seal now in use by the official Arbitrator shall continue to be the seal of his office and of said Court. Any award or order made pursuant to this act, or any certified copy thereof, must be authenticated by such seal. If the seal now in use is lost, injured or destroyed, the official Arbitrator must cause a new seal to be made, which shall thereupon become such official seal, of

Seal,

When used.

Official Arbitrator to provide new Seal in case loss.

Official Arbi

trator to interpret and construe contracts.

SEC. 9. Upon the application of the parties interested, or their representatives, the official Arbitrator must interpret or construe any oral or written contract, pertaining to any matter, which might be the subject of arbitration under the provisions of this act; and he must, Make written if required by either party, make a written award there

upon.

award, when required.

Jurisdiction

York.

dis

SEC. 10. The parties to any controversy, dispute or matter of difference, arising or being within the Port of of other putes within New-York, or relating to a subject matter situate or Port of Newcoming within that port, as the collection district of that port is established and limited by the act of Congress of the United States of America, approved March second, seventeen hundred and ninety-nine, may voluntarily sub- Parties mit the same to the said Court of Arbitration of the Chamber of Commerce, by written submission, or by mit. personal appearance in said Court and an oral submission, as hereinafter mentioned.

may

voluntarily ap. pear and sub

construe contract, and vol

SEC. 11. An application to interpret and construe a Application to contract, as prescribed in the last section but one, and a voluntary submission as prescribed in the last section, untary submis. may be made in either of the following methods:

sion, how made.

1. By filing with the Arbitration Clerk a written (1) By filing instrument containing such application or submission, written applica executed by the parties, and acknowledged or proved sion, duly acbefore the Clerk of said Court, or before any other officer knowledged. authorized to take acknowledgment of a deed to be recorded in the County of New-York.

(2.) By volun.

tary

ance.

grant immedi

2. By the voluntary appearance of the parties before appear the official Arbitrator, which, together with the substance of any oral submission made by them, must be entered Official Arbi- in the minutes. Upon making such an application or trator, when to submission, if both parties request an immediate hearing, ate hearing. the official Arbitrator must grant an immediate hearing accordingly, or a speedy hearing, where the state of One partner the business before him will allow him to do so. In may make exe- either case, one member of a firm or partnership, or their ledgment, ap attorney in fact, may make such execution, acknowledg submission for ment, appearance or submission for and on behalf of all the firm. the members of such firm or partnership.

cntion, acknow

pearance and

cases between

Additional SEC. 12. The said Court of Arbitration, in addition jurisdiction, in to the jurisdiction above conferred, has power. to demembers of the termine, in the manner prescribed in this act, any controversy, dispute or matter of difference upon any mercan tile or commercial subject, where all the parties thereto are regularly elected members of the said Chamber.

Chamber.

Requisition,

its form.

For the purposes of this section, it shall be sufficient, where firms or partnerships are concerned, that one copartner therein is such member of said Chamber.

SEC. 13. In a case specified in the last section, either party may serve personally upon the adverse party, or one of two or more adverse parties jointly interested in the subject matter of difference, a written requisition, directed to the adverse party or parties, requiring him or them to appear before the Court of Arbitration of the Chamber of Commerce of the State of New-York, for Return day the settlement of such controversy, dispute or matter of difference, at a place, and on a day, and at an hour named in the requisition, not less than two, or more than five days after the personal service of the same.

thereof.

How served.

Proceeding on

sition.

SEC. 14. A requisition may be served, and proof of the service thereof may be made in like manner, as where a summons issued out of the Supreme Court in a civil action is personally served, and proof of said service is made. The requisition shall be filed with the Arbitration Clerk any time before the expiration of one hour after the same is returnable.

SEC. 15. Either party to the controversy, dispute or return of requi- matter of difference, may at any time before the expiration of one hour after the requisition is returnable, or within such further time as may be allowed by the official Arbitrator, or prescribed in the rules established by him, appoint in writing one person to sit with the official Arbitrator to hear and determine the matter. If neither party appoints an additional Arbitrator as afore

appointed.

said, all the parties are deemed to have waived their right Additional Ar to do so; and the matter must be determined by the bitrators, how official Arbitrator. If there are two or more parties on the same side, and they appoint different persons as Arbitrators, or do not agree on one person, they are regarded as having failed to make any appointment. Upon a failure of a party to appoint an additional Arbitrator, where the adverse party has appointed one, the official Arbitrator must appoint a disinterested person, not of kin to either party, to sit as a member of the Board of Arbitration; and the matter must proceed, as if the party in default had appointed such person as additional Arbitrator. An appointment of an additional Arbitrator is Appointment not complete, unless it is filed with the Arbitration Clerk. the Clerk.

to be filed with

sion of dis

may be appoint

SEC. 16. Where the parties to a controversy, dispute On submisor matter of difference, voluntarily submit the same to putes, additionthe arbitration of the said Court of Arbitration, either of al Arbitrators them may, at the time of filing the written submission, ed. or voluntarily appearing to submit the same, or within such time as may be allowed by the official Arbitrator, or prescribed by the rules established by him, appoint a person to sit with the official Arbitrator, to hear and determine the matter.

The mode of so doing, the proceedings to be taken in behalf of the other party, and the consequences of a failure of either or. both of them to make such appointment, or of an appointment of different persons by two or more parties on the same side, are the same as prescribed in the last section, in a case where a requisition has been issued.

ditional Arbi

SEC. 17. If the additional Arbitrator appointed by Failure of ad either party fails to appear at the time set for the hear- trators to aping, without proof of the existence of a good reason for pear. such failure, and that it is of a temporary nature, made by the party appointing him, to the satisfaction of the official Arbitrator, his appointment must thereupon be declared to be vacated, and the same party must forthwith appoint another person to act in his place. Upon failure to do so, or failure of the person so appointed to appear then, or at the time, if any, to which the official Arbitrator adjourns the hearing, the official Arbitrator must appoint a disinterested person, not of kin to either party, to act in his place.

ditional Arbi

and filed.

SEC. 18. Each of the persons appointed as additional Oath of adArbitrators, by or for the respective parties, must sub-trators, to be scribe and take before the official Arbitrator, an oath, taken al Arbi honestly, truly and fairly to hear and determine the mat-trator need not ters thus submitted to the Arbitrators. The oaths so arate cases.

be sworn in sep