TITLE XIX.

OF ARBITRATION.

ART. 3099. [3066.]-A submission is a covenant by which persons who have a lawsuit or difference with one another, name arbitrators to decide the matter and bind themselves reciprocally to perform what shall be arbitrated.

C. P. 444; 5 A. 133; 18 A. 162.

ART. 3100. [3067.]-A submission must be reduced to writ ing.

15 A. 686; 18 A. 162.

ART. 3101. [3068.]-They who can not bind themselves can not make a submission; such as a married woman, unless it be under her husband's authority.

An attorney in fact can not make a submission without a special power.

The tutors of minors and the curators of persons interdicted or absent, can not do it without being authorized by the judge.

20 A. 51, 274, 369.

ART. 3102. [3069.]-Parties may submit either all their differences, or only some of them in particular; and likewise they may submit to arbitration a lawsuit already instituted or only in contemplation, and generally every thing which they are concerned in, or which they may dispose of.

ART. 3103. [3070.]-One may submit to arbitration the damages incurred for a public offense; but it is without any prejudice to the prosecution of it in behalf of the State.

ART. 3104. [3071.]-The power of arbitrators is limited to what is explained in the submission.

ART. 3105. [3072.]-If the submission does not limit any time, the power of the arbitrators may continue in force during three months from the date of the submission, unless the parties agree to revoke it.

C. P. 452; 13 L. 462; 10 A. 463; 18 A. 320.

ART. 3106. [3073.]-It is usual to undergo a penalty of a certain sum of money in the submission, which the person who shall contravene the award, or bring appeal therefrom, shall be bound to pay to the other who is willing to abide by it; but this covenant is not essential, and the submission may subsist without the penalty.

C. C. 3130 (3097); 12 A. 761.

ART. 3107. [3074.]-All persons may be arbitrators, except such as are under some incapacity or infirmity, which renders them unfit for that function.

Therefore, minors under the age of eighteen years, persons interdicted, those who are deaf and dumb, can not be arbitrators.

ART. 3108. [3075.]-Women who, on account of their sex, can not be judges, are likewise incapable of being named arbi

trators.

ART. 3109. [3076.]-There are two sorts of arbitrators:
The arbitrators properly so called ;

And the amicable compounders.

C. P. 72, 444, 446, 460.

ART. 3110. [3077.]-The arbitrators ought to determine as judges, agreeably to the strictness of the law.

Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity.

Amicable compounders are, in other respects, subject to the same rules which are provided for the arbitrators by the present

title.

7 L. 477; 17 L. 285; 18 L. 417; 1 R. 202; 13 A. 37; 15 A. 679.

ART. 3111. [3078.]—Before examining the difference to them submitted, the arbitrators ought to take an oath before a judge or justice of the peace, to render their award with integrity and impartiality in the cause which is laid before them.

C. P. 448; 9 A. 88; 10 A. 463; 13 A. 558.

ART. 3112. [3079.]—The parties, who have submitted their differences to arbitrators, must make known their claims, and prove them, in the same manner as in a court of justice, by producing written or verbal evidence in the order agreed on between them or fixed by the arbitrators.

ART. 3113. [3080.]—The arbitrators shall appoint a time and place for examining the matter to them submitted, and give notice thereof to the parties or to their attorneys.

C. P. 450.

ART. 3114. [3081.]-The parties must attend the arbitrators either in person, or by their attorney, with their witnesses and documents. If one or both of them should not appear, the arbitrators may proceed and inquire into the affair in their absence.

ART. 3115. [3082.]-Arbitrators have no authority to compel witnesses to appear before them or to administer an oath; but, at the request of arbitrators, it will be the duty of justices of the peace to compel witnesses to appear and to administer the oath to

them.

C. P. 451.

ART. 3116. [3083.]—If the arbitrators disagree another shall decide, and that other is called an umpire.

ART. 3117. [3084.]-The nomination of the umpire is either made by the parties themselves at the time of the submission, or left to the discretion of the arbitrators.

C. P. 445, et seq.

ART. 3118. [3085.]—Whenever the umpire has not been appointed by the submission, the arbitrators have the power to appoint him, though such power is not mentioned in the submission. But if the arbitrators can not agree on this election, the umpire shall be appointed ex officio by the judge.

C. P. 445, et seq.

ART. 3119. [3086.]—The umpire shall take an oath similar to that taken by the arbitrators, before examining the matter or the point submitted to him.

ART. 3120. [3087.]-The arbitrators who have consented to act as such, ought to determine the suit or the difference which is submitted to them, as soon as possible and within the time fixed by the submission.

ART. 3121. [3088.]-Arbitrators can not exceed the power which is given to them; and if they exceed it, their award is null for so much.

ART. 3122. [3089.]—The authority of arbitrators extend only to the things contained in the submission, unless it has been stated that they shall have power to decide all disputes which may arise between the parties in the course of the arbitration.

ART. 3123. [3090.]-The arbitrators ought to give their award within the time limited by the submission, and it would be null if it were given after the time is expired.

C. P. 452. Acts 1855, p. 333.

ART. 3124. [3091.]-Nevertheless the parties may give power to the arbitrators to prolong the time, and in this case their power lasts during the time of the prorogation."

C. P. 452.

ART. 3125. [3092.]—If the submission specifies a certain time for the examination of the cause which the arbitrators are to decide, they can not give their award till that time is expired.

Acts 1871, p. 200.

ART. 3126. [3093.]--If there are several arbitrators named by the submission, they can not give their award, unless they all see the proceedings and try the cause together; but it is not necessary that the award be signed by them all.

C. P. 454.

ART. 3127. [3094.]-The arbitrators shall fix by their award the amount of the sum which they sentence one or several of the parties to pay to the other or others, though the omission of this does not annul the award.

1 R. 202.

ART. 3128. [3095.]-The arbitrators may likewise pronounce by their award on the interest and costs; but their silence on that subject is not a cause of nullity.

ART. 3129. [3096.]-The award in order to be put in execution, ought to be approved by the judge; but this formality is only intended to invest the award with a sufficient authority to ensure its execution and not to submit to the judge the examination of its merits, except in case an appeal is brought before him. C. C. 3325 (3293); C. P. 456, 459; 3 L. 486; 7 L. 477; 18 L. 417; 1 R. 202; 15 A. 679, 686.

ART. 3130. [3097.]-He who is not satisfied with the award, may appeal from it, though the parties had renounced such appeal by the submission; but the appellant before being heard on his appeal, ought to pay the penalty stipulated in the submission, if any has been stipulated; and this penalty shall ever be due, though the appellant afterwards renounces his appeal; but if he succeeds to have the award reversed, either in whole or in part, the court who shall pronounce on the appeal, shall order the repayment of the penalty; but if the award is confirmed, the penalty which has been paid, shall operate no diminution on the amount of the award.

12 A. 761; 15 A. 679, 686; 20 A. 276.

ART. 3131. [3098.]-The arbitrators having once given their award, can not retract it nor change any thing in it.

ART. 3132. [3099.]-The submission and power given to the arbitrators are put at an end by one of the following causes: 1. By the expiration of the time limited, either by the submission or by law, though the award should not be yet rendered. 2. By the death of one of the parties or arbitrators.

3. By the final award rendered by the arbitrators.

4. When the parties happen to compromise touching the thing in dispute, or when this thing ceases to exist.

TITLE XX.

OF PLEDGE.

ART. 3133. [3100.]-The pledge is a contract by which one debtor gives something to his creditor as a security for his debt.

C. N. 2071; 14 A. 375; 19 A. 364.

ART. 3134. [3101.]—There are two kinds of pledge:

The pawn.

The antichresis.

C. C. 2018 (2013); C. N. 2072.

ART. 3135. [3102.]—A thing is said to be pawned when movable thing is given as security; and the antichresis, when the security given consists in immovables.

C. N. 2072.

CHAPTER 1.

General Provisions.

ART. 3136. [3103.]-Every lawful obligation may be enforced by the auxiliary obligation of pledge.

C. C. 3221 (3188), 3520 (3486); 14 A. 375.

ART. 3137. [3104.]—If the principal obligation be conditional, that of the pledge is confirmed or extinguished with it.

ART. 3138. [3105.]-If the obligation is null, so also is the pledge.

ART. 3139. [3106.]-The obligation of pledge annexed to an obligation which is purely natural, is rendered valid only when the latter is confirmed and becomes executory.

ART. 3140. [3107.]-Pledge may be given not only for an obligation consisting in money, but also for one having any other object; for example, a surety. Nothing prevents one person from giving a pledge to another for becoming his surety with a third.

14 A. 663.

ART. 3141. [3108.]-A person may give a pledge, not only for his own debt, but for that of another also.

23 A. 478.

ART. 3142. [3109.]—A debtor may give in pledge whatever belongs to him.

But with regard to those things, in which he has an ownership which may be divested or which is subjected to incumbrance, he can not confer on the creditor, by the pledge, any further right than he had himself.

2 L. 514.

ART. 3143. [3110.]-To know whether the thing given in pledge belonged to the debtor, reference must be had to the time when the pawn was made.

ART. 3144. [3111.]—If at the time of the contract the debtor had not the ownership of the thing pledged, but has acquired it since, by what title soever, his ownership shall relate back to the time of the contract, and the pledge shall stand good.

ART. 3145. [3112.]-One person may pledge the property of another, provided it be with the express or tacit consent of the

owner.

23 A. 478. Acts 1868, No. 150, § 6, 9, 10.