Requisites required in vey, as complete and perfect a title and shall, in all respects, have the same effect as if the said deed had been executed by all the said coparceners, joint tenants or tenants in common. Sec. 2. Be it further enacted, That the said the petition. petition shall recite the names of all the contracting parties, the situation, quantity and description of the land so contracted for, and the time of making such contract, and the deed to be made, by virtue of the order aforesaid, shall recite the said order; and it shall be the duty of the clerk of the said court, to record the said petition at length and the order thereon granted. Party to contract dying, leaving heir under twenty-one tor on filing petition,etc., to complete contracts. Sec. 3. Be it further enacted, That if any person or persons, who have or shall enter into any contract for the sale and conveyance of land or years, execu- other real property, and before the completion of to be rested such contract on his, her or their part, have or shall die, leaving heirs under the age of twentyone years, and the executor or executors, administrator or administrators, or other legal representatives of such person or persons so deceased, or who may hereafter die, may or shall be desirous of completing such contract or contracts, for and on behalf of such minor children and heirs, such executor or administrator, or other legal representative, may petition the court of common pleas of that county in which the land or other real property shall be situated, particularly stating the contract, in like manner as is provided in the case of a survivor or survivors, and the same orders and regulations shall be made and pursued as is herein above provided and pointed out in case of a survivor or survivors, and upon sufficient proof of such contract having been made and entered into being given, to the satisfaction of the said court, an order of court shall be made, authorizing and appointing the executor or executors, administrator or administrators, or other legal representatives of such deceased person, or such other person as the said court of common pleas may deem suitable and proper, fully to complete the said contract or contracts of such deceased person or persons, and to make and execute a deed or deeds of conveyance for and on behalf of the heir or heirs of such deceased person or persons, according to the terms and stipulations of such contract or contracts, and the person or persons so authorized by the said court of common pleas as aforesaid, shall pursue the same rules in making a conveyance as are provided in the case of a survivor or survivors, and such conveyance, when made according to the provisions of this act, shall be binding upon the heirs and all other persons interested, in the same manner as though the conveyance had been made by the person or persons making such contract or contracts, in his or their lifetime. court to seties their cure to par just propor tion. Sec. 4. Be it further enacted, That it shall be the duty of the said court, before the granting of the order aforesaid, to secure or cause to be secured, to and for the benefit of the estate or estates of the said deceased party or parties, their just part and proportion of the consideration of the said contract, and the person petitioning for such order shall pay to the clerk of the said court, for making the necessary entries, the sum of compentwenty-five cents, and if the said order be granted, clerk. the further sum of ten cents for every hundred words contained in the said petition and order, for recording the same. sation to Repealing clause. Commencement. Sec. 5. And be it further enacted, That an act, entitled, “An act, providing for the execution of real contracts, in certain cases, "be and the same is hereby repealed. This act shall commence and be in force, from and after the first day of June next. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 19, 1805. Persons may CHAPTER XVI. An act, authorizing and regulating arbitrations. Sec. 1. Be it enacted by the general assembly of the state of Ohio, That all persons who have any controversy or controversies, except where the possession or title of real estate may come in question, may submit said controversy or controversies to the umpirage or arbitration of any person or persons, to be mutually agreed upon by the parties, and they may make such submission a submission a rule of any court of record within this state. and make the rule of court, Parties to enter in arbitration bonds, con Sec. 2. Be it further enacted, That when any persons have agreed to submit any matter or ditioned, etc. matters in controversy between them, to umpirage or arbitration as aforesaid, and to make the same a rule of court, they shall enter into arbitration bonds, which bonds shall be conditioned for the faithful performance of the award or umpirage, and set forth the name or names of the umpire or arbitrators, and the matter or matters submitted to his or their determination, and shall also expressly state their agreement, that the submission may be made a rule of any court of record within the state, or that it may be made a rule of such particular court as they may name or point out in their submission. specify time, place, etc. Sec. 3. Be it further enacted, That the said Bonds to arbitration bonds shall specify some time and place, at which the umpire or arbitrators shall attend, to hear and determine upon the matter or matters in dispute, and may also give said umpire or arbitrators liberty to adjourn, from time to time, until the umpire is prepared to make up his umpirage, or the arbitrators are agreed upon their award: Provided, some time certain be fixed Proviso. in said bonds, at which said umpirage or award shall be made up. titled to legal process the attend to compel ance of witnesses. Sec. 4. Be it further enacted, That the parties Parties enshall have the benefit of legal process, to compel the attendance of witnesses, which process shall be issued by the clerk of the court of common pleas for any county, or by any justice of the peace for the township where the arbitration or umpirage is held, so far as his jurisdiction extends, and shall be returnable before the umpire or arbitrators on a day certain; and any person disobeying such process, shall be deemed guilty of contempt of the court from which such process issued, and shall be subject to the same penalties and forfeitures, as are provided for disobeying writs of subpoena in other cases; and the costs of The award to be in writing. Copies thereof to be such witnesses shall be taxed by the umpire or arbitrators, according to the provisions contained in the law ascertaining the fees of witnesses, which costs, together with the sum hereinafter allowed to the umpire or arbitrators, shall be stated in the award or umpirage, and shall be made a part of the rule of court, and all witnesses examined by the umpire or arbitrators, shall be under oath or affirmation, which oath or affirmation any justice of the peace of the proper county, is hereby authorized to administer. Sec. 5. Be it further enacted, That the award or determination of the umpire or arbitrators, shall be drawn up, in writing, and shall be signed by such umpire or by a majority of the arbitrators agreed upon in the submission, and a true copy of delivered to the said award or umpirage shall, without delay the parties. be delivered by the umpire or arbitrators, to each of the parties, and if either of the parties shall refuse or neglect to obey the said award or umpirage, the other party may return the same, together with the submission or arbitration bond to the court named in the submission, or if no particular court be named in the submission, then to the court of common pleas or the supreme court, and the submission and award or umpirage so returned, shall be entered on record and filed by the clerk and a rule of court thereupon made, and after such rule is made, the party disobeying the same, shall be liable to be punished as for a Award, how contempt of court, either by sequestration or ex enforced. ecution, as the nature of the case may require, which process shall not be stayed or impeded by order of any other court of law or equity, or by the court from whence it issued, until the parties shall in all things obey the award or umpirage, |