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COURT OF ARBITRATION 
 
 tfftnmkv of Wommette of ttoo giMt of sjctti-foife. 
 
 THE ACT OP 1875: CHAP. 495. 
 
 RELATING TO THE 
 
 ®0u*t of jMitKttttnu, 
 
 BULES AND FORMS OF PROCEEDINGS. 
 
 LREVISED.] 
 
 Hon. ENOCH L. FANCHER, Aebitratoe, 
 
 GEORGE WILSON, Arbitration Clerk. 
 
 SESSIONS AT THE ROOMS OF THE CHAMBER OF COMMERCE, No. 63 WILLIAM STREET. 
 
 efo-Iirrk t 
 
 PRESS OF THE CHAMBER OP COMMERCE. 
 
 - 
 
 1875. 
 
Schedule of Fees to be paid to the Clerk of 
 the Court of Arbitration. 
 
 For every case to be tried by said Court of Arbitration, by 
 
 each party thereto, $20, §40 00 
 
 For the construction of a contract, My every party thereto, 
 
 each, 10 00 
 
 For each/ackMpjvteilgment of any instrument other than 
 
 those mentioned below, 25 
 
 ■JFoi each acknowledgment of a Charter-Party or Marine 
 
 Protest, 1 00 
 
 For each oath or affirmation other than those to he used in 
 
 causes in said Court of Arbitration, 25 
 
 For orders or copies thereof, and for copies of minute-, 
 
 records or other writings, for each one hundred words, 10 
 
 For filing submission or requisition, 25 
 
 Fees, when not otherwise specified, are to be paid hy the 
 party at whose instance the service is rendered. 
 
 Note. — The fees charged above are established by section 29 of 
 the Act of 1875, relating to the Court of Arbitration, and are 
 remitted monthly by the Clerk to the State Treasurer. 
 
COURT OF ARBITRATION 
 
 OP THE 
 
 flttomrtKr of l&mmtttt of the gMt of i«w-f orts. 
 THE ACT OP 1875 : CHAP. 495, 
 
 RELATING TO THE 
 
 toft <tf ^titration, 
 
 AND THE >' ' - , 
 
 RULES AND FORMS OF PROCEEDINGS. 
 
 [REVISED.] 
 
 Hon. ENOCH L. FANCHER, Arbitrator. 
 
 GEORGE WILSON, Arbitration Clerk. 
 
 SESSIONS AT THE ROOMS OF THE CHAMBER OF COMMERCE, No. 63 WILLIAM STREET. 
 
 PRESS OF THE CHAMBER OP COMMERCE. 
 
 1875. 
 

 JOHN W . A M K 1 1 M \ N , riUNTKR, 
 No. 47 Cod«r StrMt, N. Y. 
 
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- ; 
 yoek, and to provide for the expenses' 
 
 THEREOF. 
 
 Passed June 5, 1875. Three-fifths being present. 
 
 The people of the Slate of New- York, represented 
 in Senate and Assembly, do enact as follows : 
 
 Section 1. Chapter two hundred and seventy- am JJJ* act 
 eight of the laws of eighteen hundred and seventy- 
 four, entitled "An Act to amend Chapter two hun- 
 dred and fifty-one 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. 
 
 Sec 2. The Arbitrator of the Court of Arbitration Arbitrator, w a 
 of the Chamber of Commerce of the State of New . termofoffice - 
 York holds office during good behavior, and may how removed, 
 be removed by the Governor, if, upon due notice, and 
 after a hearing, he is found guilty by the Governor of 
 malfeasance, misfeasance, or continued nonfeasance 
 
 679940 
 
official Arw-in office. The expression, "official Arbitrator/' as 
 
 trator 
 
 used in this act, refers to the officer designated in 
 
 sncccs?or, this section. In case of the resignation, removal or 
 
 now appointed. ° 
 
 death of such official Arbitrator, his successor must 
 
 be nominated and appointed by the Governor, with 
 
 the advice and consent of the Senate, and commis- 
 
 oath of office, sioned by the Governor. Every such official Arbitra- 
 
 how filed. . . -i J 
 
 tor appointed after this act takes effect, must file with 
 the Secretary of State the constitutional oatli of 
 wheniiicd. office. Unless lie files his oath of office within ten 
 days after his confirmation by the Senate he is 
 deemed to have declined the office. 
 
 official Arbi- s K c. 3. The official Arbitrator has power to ad- 
 
 trator to admin- * 
 
 ister oaths and minister! oaths and affirmations to be used before any 
 
 aftjiTvat kins ; to\ , • >," J 
 
 ackndws»i"'- lll,l ' r,,,nt '* : '°' i ' ( ' m ^'!' r : to take the proof and acknowledg- 
 ^ i ' h "' ( ;j i .';".v'".'-:. , t | -tn (, '>' /fcny oharter-party, marine protest, contract. 
 i\\ :•': !*".*'€fr other 'wriften instrument, and to require any wit- 
 ness to appear and testify before him, or the said 
 Court of Arbitration, or before the Board of A rbitra- 
 tors hereinafter provided for, in matters pending in 
 official Arbi-said court. He must adopt and promulgate short 
 and promulgate and simple rules to be observed in proceedings taken 
 tice. as prescribed in this act ; and he lias power to do and 
 
 Power to car- J- * 
 
 ry ont the pro- order whatever may be necessary to carry out the 
 
 visions of this .... 
 
 act. provisions of this act. 
 
 Arbitration Seo. 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, resignation or removal, the said Chamber of 
 
 How appointed. Commerce must elect his successor. The Governor 
 
 must appoint and commission the person so elected : 
 
 but before such commission can be issued, the person 
 
 Must me oca- so elected must file in the office of the Secretary of 
 
 State an official oath, to the same effect as theconsti- 
 
 wucn filed. tutioiial oath of office. Unless lie files such oath 
 
 within ten days after his election, tie IS deemed to 
 
 cierk to ap-have declined the office. The said chamber of Com- 
 
 Luis! :i "'" : merce may authorize the Arbitration clerk to appoint 
 
one or more assistants, and provide for their com- 
 pensation. 
 
 Sec. 5. The Arbitration Clerk must safely and cor- Arbitration 
 
 ^ Clerk, his du- 
 
 rectly keep all the minutes, documents, records, ties. 
 books and other papers and effects of the official Ar- 
 bitrator, and of the said Court of Arbitration, and 
 relating to the arbitration for which this act provides. 
 Any person who steals, mutilates or alters any book, stealing, mu- 
 
 J -tr •> ' tilatingor alter- 
 
 record or paper filed with or kept by the Arbitration ™f d *°° k |' e ™" 
 Clerk, is guilty of the same offence, and is punisha- h °w punished. ' 
 ble therefor in the same manner as if such act was 
 committed with respect to a record kept, as pre- 
 scribed by law, in the office of the Clerk of the 
 County of New- York. 
 
 Sec. 6. The salary of the official Arbitrator shall tra t£?ft B A Si: 
 be at the rate of ten thousand dollars per annum, ary,howpaid * 
 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 Arbitration 
 Clerk shall be three thousand dollars per annum, aixhowpaid?" 
 commencing at the same period, and shall be raised 
 and paid in the same manner. 
 
 Sec. 7. Said Chamber of Commerce shall provide chamber of 
 
 . Commerce to 
 
 proper and convenient rooms and furniture, together provide rooms, 
 
 r r , &c., for trans- 
 
 with attendants, fuel, lights and stationery, suitable action of busi- 
 
 70 J 1 ness of court. 
 
 and sufficient for the transaction of the business of 
 said Court ; and such expenses shall be borne by 
 said Chamber at its own proper costs and charges. 
 
 Sec 8. The seal now in use by the official Arbi- seal, 
 trator shall continue to be the seal of his office and of 
 said Court. Any award or order made pursuant to when used, 
 this act, or any certified copy thereof, must be au- 
 thenticated by such seal. If the seal now in use is trftmoprov'ide 
 lost, injured or destroyed, the official Arbitrator must of7 os s 8 e . alincase 
 
6 
 
 cause a new seal to be made, which shall thereupon 
 become such official seal. 
 
 official Ariii Sec. 9. Upon the application of the parties inter- 
 
 trator to inter- * , i- n a± • i . ^ •* 
 
 pret and con- ested, or their representatives, the official Arbitrator 
 
 Btrue contracts. . - 1 . 
 
 musl interpret or construe any oral or written con- 
 tract, pertaining to any matter, which might be the 
 subject of arbitration under the provisions of this 
 Make written act ; and he must, if required by either party, make 
 
 award, when re- A 
 
 (oi»4 a written award thereupon. 
 
 jurisdiction Skc. 10. The parties to any controversy, dispute or 
 
 mites' "win 'hi matter of difference, arising or being within the Port 
 
 York. of New- York, or relating to a subject matter situate 
 
 or coming 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, 
 
 parties ma> may voluntarily submit the same to the said Court of 
 
 voluntarily an- J " ... 
 
 pear and sub- Arbitration of the Chamber of Commerce, by written 
 siii 'mission, or by personal appearance in said Court 
 and an oral submission, as hereinafter mentioned. 
 
 Appiicationto Seo. 11. An appl mat ion to interpret and construe 
 
 tnutfud voT-a contract, as prescribed in the last section but one, 
 
 riwa.'Xowmade! and a voluntary submission as prescribed in the last 
 
 section, may be made in either of the following 
 
 methods : 
 
 ' (i.) By flUng l, By filing with the Arbitration Clerk a written 
 
 written appllca-. ' . . . , ■>■ , • ■ 
 
 tton 01 Bubrnta- instrument containing such application or submission. 
 
 Blon, duly ao- -iii • -ii -1-1 -1 
 
 knowledge* executed by the parties, :iud acknovs ledged or proved 
 
 before the Clerk of said Court, or before any other 
 officer authorized to take acknowledgment of a deed 
 
 to be recorded in the County of New- York. 
 
 u?' ] B V"^lv- 2- By the volnntary appearance of the parties be* 
 
 » ncc - fore the official Arbitrator, which, together with the 
 
 substance of any oral submission made by them, 
 
 musi be entered in the minutes. Upon making such 
 
 an application or submission, If both parties request 
 
an immediate hearing, the official Arbitrator must omci.ii Arw- 
 
 . -i . i i • t • i t trator, when to 
 
 grant an immediate hearing accordingly, or a speedy grant imnwi- 
 
 hearing, where the state of the business before him 
 
 will allow him to do so. In either ease, one member one partner 
 
 . may make exe- 
 
 of a firm or partnership, or their attorney m act. cudon,acknow- 
 
 1 J lodgment, ap- 
 
 mav make such execution, acknowledgment, appear- p**™?" and 
 
 J ° *r submission tor 
 
 once or submission for and on behalf of all the mem- o»eiiim. 
 bers of such firm or partnership. 
 
 Sec. 12. The said Court of Arbitration, in addition . Additional 
 to the jurisdiction above conferred, has power to de- cases "between 
 
 , , . , t . . , . , members of the 
 
 (ermine, in the manner prescribed m this act, any chamber, 
 controversy, dispute or matter of difference upon 
 any mercantile or commercial subject, where all the 
 parties thereto are regularly elected members of the 
 said Chamber. 
 For the purposes of this section, it shall be suffl- one partner 
 
 , may act for 
 
 cient, where nruis or partnerships are concerned, firm - 
 that one copartner therein is such member of said 
 Chamber. 
 
 Sec. 13. In a case specified in the last section, . Requisition. 
 either party may serve personally upon the adverse 
 party or one of two or more adverse parties 
 jointly interested in the subject matter of dif- 
 ference, 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 the settle- 
 ment of such controversy, dispute or matter of dif- the ? e e of Urn day 
 ference, at a place, and on a da}', and at an hour, 
 named in the requisition, not less than two, or more 
 than five days after the personal service of the same. 
 
 Sec. 14. A requisition maybe served, and proof How served, 
 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. 
 
Proceeding on Sec. 15. Either party to the controversy, dispute 
 
 return of requi- p t re ±- i • ,, 
 
 sition. or matter ot difference, may at any time before the 
 
 expiration of one hour after the requisition is return- 
 able, 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 
 Additional Ar- the matter. If neither party appoints an additional 
 
 bitrators. how x J l ' 
 
 appointed. Arbitrator as aforesaid, all the parties are deemed to 
 have waived their right to do so; and the matter 
 must be determined by the official Arbitrator. If 
 there are two or more parties on the Bame Bide, 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 Ar- 
 bitrator must appoint a disinterested person, not of 
 kin to either part} r , 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 
 Appointment additional Arbitrator. An appointment of an addi- 
 
 to be filed with J . ■,,,., . . f , . . „, , 
 
 the cierk. tional Arbitrator is not complete, unless it is hied 
 with the Arbitration Clerk. 
 
 on pubmis- Seo. 16. Where the parties to a controversy, dis- 
 p.ites. addition- pute, or matter of difference, voluntarily submit the 
 Say beaSffi same to the arbitration of the said Court of Arbitra- 
 tion, either of them may, at the time of tiling the 
 written submission, or voluntarily appearing to sub- 
 mit 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 consequence of 
 a failure of either or both of them to make such ap- 
 pointment, or of an appointment of different per- 
 sons by two or more parties on the same side, are 
 
9 
 
 the same as prescribed in the last section, in a case 
 where a requisition has been issued. 
 
 Sec. 17. If the additional Arbitrator appointed by Failure of ad- 
 either party fails to appear at the time set for the tratora to a P - 
 hearing, without proof of the existence of a good pea 
 reason for 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. 
 
 Sec. 18. Each of the persons appointed as addi- oath of ad- 
 tional Arbitrators, by or for the respective parties, trVto° a to r be 
 must subscribe and take before the official Arbitrator, 
 an oath, honestly, truly and fairly to hear and 
 determine the matters thus submitted to the Arbi- 
 trators. The oaths so taken must be filed with the official atu- 
 award. The official Arbitrator need not be sworn in be sworn in se p- 
 
 .-, , • i arate cases. 
 
 the particular case. 
 
 Sec. 19. Where additional Arbitrators are ap- BoardofArw- 
 pointed and sworn, as prescribed in the last four tratlon ' 
 sections, they and the official Arbitrator constitute 
 the Board of Arbitration to determine the contro- 
 versy, dispute or other matter of difference, and they 
 must all sit in the matter ; and the order, award and 
 decision of any two of them shall be the judgment 
 of the said Court of Arbitration. 
 
 Sec. 20. The official Arbitrator, or where the hear- 
 ing is before a Board of Arbitration, the majority of 
 the Board may, after hearing the allegations and 
 testimony of the respective parties, or of those par- 
 
10 
 
 Further en- ties who desire to testify, and upon notice to both 
 called f™ by the jiarties, direct that further evidence be taken, if he or 
 they deem further evidence necessary to enable jus- 
 tice to be done between the parties. 
 FeeB of wit- A witness is entitled to the same fees as in an ac- 
 
 tion in a court of record. 
 commissions A commission to take testimony without the State 
 mony. e 'may be allowed by the official Arbitrator, and issued 
 in the same manner, and with the same effect, as in 
 an action brought in a court of record. The hearing 
 may be from time to time adjourned, upon the appli- 
 cation of either party, and reasonable cause shown 
 to the satisfaction of the official Arbitrator, or where 
 the hearing is before a Board of Arbitration, to the 
 satisfaction of a majority thereof. 
 
 Decisions to Sec. 21. Within ten days after the final hearing, 
 day7a d ftrr n !hcthe official Arbitrator, or the Board of Arbitration, 
 flnai hearing. or a ma j or ^y thereof, as the case requires, must 
 
 make and file with the Arbitration Clerk a written 
 award, under his or their hands, stating his or their 
 decision for the settlement of the controversy, dis- 
 pute or matter of difference heard and determined by 
 him or them. 
 
 Hehearinjr, Sec. 22. Instead of making an order to fulfil the 
 how granted. awarc i ? the official Arbitrator may, for good cause 
 shown, upon notice to and after hearing the parties, 
 make an order directing that the controversy, dispute 
 or other matter of difference be heard again, either 
 before the same court, or before another Board of 
 Arbitration appointed as prescribed in tlii^ act, upon 
 security cm th e first hearing. But the party applying for such 
 rehearing. rehearing must give security in such amount and 
 form as shall be approved by the official .Arbitrator, 
 for the payment of all the costs and expenses of the 
 other party or parties incident to such rehearing, 
 and for the payment or performance o\' any award 
 which may be rendered against any party so apply- 
 ing, and of any judgment which may h<- entered 
 
11 
 
 thereon. Upon the rehearing, the proceedings must 
 be the same as upon the first hearing, and the pro- 
 visions of this act relating to the first hearing, the 
 award, the order, and the subsequent proceedings 
 thereon, apply similarly to the rehearing. 
 
 Sec. 23. The final award, the order to enforce the Award may be 
 
 vacated for 
 
 same, and the judgment to be entered thereupon, fraud - 
 may be vacated for fraud, collusion or corruption, 
 but not for any other cause. Unless it is so vacated, 
 the award is binding and conclusive upon all parties 
 thereto, and effects a final settlement of the contro- 
 versy, dispute or matter of difference, submitted or 
 tried as prescribed in this act. It must be upheld 
 and sustained accordingly, in all the courts of the 
 State. 
 
 Sec. 24. If the award construes any contract, or order to fumi 
 requires either party, or both parties, to do or forbear made War 
 doing a particular act or acts, or to pay a sum of 
 money, the official Arbitrator must, at the request of 
 either party, make an order reciting the provisions of 
 the award, and directing the fulfilment thereof by the 
 party or parties required to fulfil the same. 
 
 The order must, at the instance of either party, be order may be 
 
 ' r *' filed with the 
 
 filed in the office of the Clerk of the County of New- county cierk. 
 York, who must enter the same, upon being paid his 
 fees therefor. If the order requires the payment of 
 a sum of money, or the delivery of any property, 
 either party may, upon filing the same, require the 
 Clerk of said County to enter thereupon a judgment Jndgmentmaj 
 of the said Arbitration Court against the party or^reon^ and 
 parties required to pay such sum of money, or de- 
 liver any property, and in favor of the party or par- 
 ties to whom it should be paid or delivered. The 
 judgment must be entered and docketed accordingly, 
 in the manner prescribed by law for entering and Transcripts, 
 docketing a judgment of the Supreme Court in a 
 civil action, and transcripts may be filed with other 
 clerks in like manner as if a judgment in a civil ac- 
 
12 . 
 
 Effect of suchtion. Such judgment has the same force and effect 
 as a judgment of the Supreme Court of similar pur- 
 port in a civil action, and it must be enforced in the 
 same maimer, and by the same process and officers ; 
 and it 1 1 ii y be satisfied of record and discharged in 
 like manner as a judgment of the Supreme Court in 
 a civil action. 
 
 costs. Sec. 26. No costs, except as hereinafter specified, 
 
 shall be allowed to either party in any proceedings 
 # taken as prescribed in this act, and excepl where a 
 
 rehearing is granted, in which case the official Arbi- 
 trator may, or if the rehearing is before a Board of 
 Arbitration, the Board, or a majority thereof, may, 
 in the award, require either party to pay the other a 
 tixed sum for his costs and expenses. 
 
 False swcariDg. Sec. 26. False swearing upon the hearing before 
 the Arbitrator, said Court of Arbitration or Board of 
 Arbitration, or in the course of any proceedings 
 taken as prescribed in this act, is wilful perjury, in a 
 case where such false swearing would be wilful per- 
 jury upon the trial of a civil action brought in the 
 Supreme Court, or in the course of any proceeding 
 taken in such action ; and the person guilty thereof 
 may be indicted and punished accordingly. 
 
 Noothcrpm- Sec. 27. Where any controversy, dispute or mat- 
 uod a other ter of difference, or the interpretation or construction 
 
 as to the same of any contract has been submitted to or brought 
 
 dispute. 
 
 within the jurisdiction of the said Court o| Arbitra- 
 tion, as prescribed in this act, no action or special 
 proceeding relating to the same matter shall be 
 brought in any other court of the State, between the 
 same parties, or their representatives or assigns, until 
 after the final award thereupon ; and if any such ac- 
 tion or special proceeding is pending at the time of 
 the submission, the same must be dismissed or dis- 
 continued, or the proceedings therein nin-t be stayed, 
 as the case requires. The official Arbitrator or the 
 
13 
 
 Board of Arbitration, as the case may be, constitute 
 the said Court of Arbitration. 
 
 Sec. 28. Nothing contained in this act is to be so . No jurisdic- 
 construed as to give any jurisdiction to the said Court cases, 
 of Arbitration of the Chamber of Commerce of the 
 State of New- York, or to the official Arbitrator, or 
 Board of Arbitration, except upon the voluntary 
 submission, waiver or election of the parties or non- 
 attendance, pursuant to a requisition as prescribed in 
 this act ; or to permit any infant, married woman or 
 person incapable of managing his affairs by reason 
 of lunacy, idiocy, unsoundness of mind or habitual 
 drunkenness, to be brought before the official Arbi- 
 trator or the Board of Arbitration as a party, or to 
 apply to any matter pertaining to a fee or life tenancy 
 in real property. 
 
 Sec. 29. Fees are to be paid to the Arbitration F ees to be 
 Clerk as follows : In every case to be tried by said paid t0 
 Court of Arbitration, the sum of twenty dollars by 
 each of the respective parties thereto ; for the con- 
 struction of a contract, the sum of ten dollars each 
 by every party thereto ; for each acknowledgment 
 of any instrument other than those mentioned below, 
 the sum of twenty-five cents ; for each acknowledg- 
 ment of a charter-party or marine protest, the sum of 
 one dollar ; for each oath or affirmation other than 
 those to be used in causes in said Court of Arbitra- 
 tion, the sum of twenty-five cents ; for orders or 
 copies thereof, and for copies of minutes, records or 
 other writings, at the rate of ten cents for each one 
 hundred words ; for filing each submission or re- 
 quisition, the sum of twenty- five cents. The fees, 
 when not otherwise specified, are to be paid by the 
 party at whose instance the service is rendered. 
 The Arbitration Clerk shall make a sworn return on Keturnoffees 
 the first day of each month of all the fees received by 
 him pursuant to this section, during the preceding 
 month, and file the same with the Treasurer of the 
 
14 
 
 State of New- York, and at the same time he shall 
 pay over all moneys received by him for snch fees 
 during such month to the said Treasurer, to be applied 
 towards paying the salary of said Arbitrator and the 
 Bond of cicrk. Arbitration Clerk. The Arbitration Clerk shall 
 make and file with the Comptroller of the State a 
 good and sufficient bond to the people of the State 
 of New- York, with sureties, and in a form to be ap- 
 proved by said Comptroller, in the sum of ten 
 thousand dollars, conditioned for the faithful per- 
 formance of his duties under this section. 
 
 other acts Sec. 30. All acts and parts of acts inconsistent 
 
 modified to con- .,, ,-, . -,.,. -, » ,, . 
 
 form to this act. with this act are modified so as to conform to this 
 act. 
 
 immedia 8 teif cct ^ E0, 31, T ^ is act ^^ ^ e en * ect immediately. 
 
COURT OF ARBITRATION 
 
 OF THE 
 
 Ctafar 0f €mmtm at t\t State fff glM-gurt 
 
 RULES AND FORMS OF PROCEDURE. 
 
 
 RULE I. 
 
 SUBMISSION OF CONTROVERSY. 
 
 The parties to any controversy, dispute or matter of dif- 
 ference, arising or being within the Collection District of 
 the Port of New- York, may voluntarily submit the same to 
 the said Court of Arbitration : 
 
 1. By subscribing a written submission, acknowledging 
 the same before the Clerk, or an officer authorized to take 
 the acknowledgment of a deed, and filing the same with the 
 Clerk of the Court. 
 
 The submission may be in the form suggested in the 
 Appendix, or in any similar form, stating the substance of 
 the dispute. 
 
 2. Or the parties may appear, in open Court, and orally 
 submit the controversy between them ; when the substance 
 of the submission will be entered in the minutes. 
 
 RULE II. 
 
 PROCEEDINGS BETWEEN MEMBERS OF THE CHAMBER. 
 
 Any member of the Chamber of Commerce, having a dis- 
 pute, controversy or matter of difference with any other 
 
16 
 
 member or members, upon any mercantile or commercial 
 subject, may summon such opposite party or parties to 
 appear before the Chamber, for the settlement of such con- 
 troversy, dispute or matter of difference, by 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 
 the settlement of such controversy, dispute or matter of 
 difference, at a place, day and hour, named in the requisi- 
 tion, not less than two or more than live days after the 
 personal service of the same. 
 
 RULE III. 
 
 REQUISITION AND SERVICE. 
 
 The requisition must be subscribed by the party or his 
 attorney, and may be in t he form suggested in the Appendix, 
 or any similar form. It must be served personally ; re- 
 turned to the Clerk, with proof of service, and filed with 
 him, by the expiration of one hour from the time of re- 
 turn. 
 
 RULE IV. 
 
 ADDITIONAL ARBITRATORS. 
 
 If either party desire that the case be heard by a Board 
 of Arbitrators, instead of being heard by the official 
 Arbitrator alone, sneli party may appoint an additional 
 Arbitrator, and the adverse party shall also appoint an ad- 
 ditional Arbitrator, pursuant to the aforesaid Act. 
 
 Such appointment must be made before the hearing of the 
 case is commenced. 
 
 RULE V. 
 
 PLEA I 'INl-. 
 
 The only pleadings required are the statement of the con- 
 troversy in the ''Submission," or in the "Requisition." 
 But either party may make any allegations in the nature of 
 a pleading, not inconsistent with the submission or requi- 
 
 
17 
 
 sition, at any time before the hearing is begun ; and the 
 Court has power to amend the pleadings on proper appli- 
 cation. 
 
 RULE VI. 
 
 WHEN VERIFICATION OR REPLY NECESSARY. 
 
 When the pleading is in writing, it may or may not be 
 verified. If verified, the answer or reply to the same shall 
 be verified. A reply to an answer shall be necessary only 
 when a counter-claim is asserted. 
 
 RULE VII. 
 
 PROOFS. 
 
 All the evidence required by either party shall be taken, 
 but immaterial or irrelevant evidence will not be considered 
 in making the decision and award. 
 
 A stenographer may take proofs, when assented to by the 
 parties. 
 
 RULE VIII. 
 
 CALENDAR AND DOCKET OF CAUSES. 
 
 The Clerk will make, from time to time, as may be ne- 
 cessary, a calendar from the docket of causes, and cases 
 entered thereon shall, so far as practicable, be heard in 
 their order. 
 
 The Clerk will keep a book, in which he shall enter and 
 index the titles of all causes, and under such title a brief 
 minute shall be made, by the Clerk, of all proceedings in 
 the cause, including any orders, award or judgment therein. 
 
 RULE IX. 
 
 REHEARING. 
 
 Any party desiring a rehearing, shall notify, in writing, 
 the opposite party and the Clerk ; and at the same time 
 shall give the security as required by Section 22 of said act. 
 A motion for rehearing may then be made on two days' 
 notice to all parties concerned, and a rehearing granted if 
 good cause be shown therefor- 
 
18 
 RULE X. 
 
 JUDGMENT RECORDS 
 
 When an award is filed with the Arbitration Clerk, any 
 party desiring it may prepare an order similar in form to 
 t liit t - __■ sted in the Appendix, for the purpose of filing 
 with the County Clerk : on which a judgment may be 
 entered and be enforced, as authorized by said art. Such 
 order or judgment must be Bealed with 1 1 1 « * Beat of the Arbi- 
 trator, and duly signed, before it is filed with the County 
 Clerk. 
 
 RULE XI. 
 
 K.\i:« GTIOH -. 
 
 Writs of execution t<> enforce any sin-h judgment should 
 be similar in form to thi d by the Supreme Court; 
 
 must con form t<> the judgment^ and be issued by the pai 
 or their attorneys. 
 
 RULE XII. 
 
 MOTIONS AND ORDERS. 
 
 Motions may be made at any tim- the Arbitrator 
 
 of the Chamber, on two .lays" notice to the opposite party. 
 Orders to show cause will not be granted, except in cases of 
 necessity. 
 
 The papers on which any order i- made, Bhould be filed 
 with the Arbitration Clerk, accompanied with the order. 
 Such orders ■ required to be filed with the County 
 Clerk, are t" bo authenticated by the signature and official 
 seal of the Arbitrator, and filed with the Clerk of the 
 County of New- York, as provided by Section 34 of said act. 
 
 RULE XIII. 
 
 ffSTBUCTION or COM I RA< IS. 
 
 Any parties interested, or their representatives, may pre- 
 sent to the Arbitrator, for interpretation and construction, 
 any parol or written contract pertaining to any in;. 
 
19 
 
 which might be the subject of arbitration under the pro- 
 visions of the act aforesaid. 
 
 A copy of the contract, if written, or a memorandum of 
 its terms, if oral, shall be tiled with the Arbitration Clerk, 
 together with the decision thereon, which shall be au- 
 thenticated by the signature and seal of the Arbitrator. 
 
 RULE XIV. 
 
 SUBPOXNAS AND COMMISSIONS. 
 
 Subpoenas may be issued and served for witnesses to 
 appear and testify in similar form and with like effect as 
 in other courts. Commissions to take testimony may be 
 applied for on two days' notice, and will be issued in the 
 same form and with like effect as in courts of record. 
 
 RULE XV. 
 
 GENERAL RULES OF PRACTICE. 
 
 The Arbitrator has power to do and order whatever may 
 be necessary to carry out the provisions of the act. 
 
 General rules of practice will be so administered as to 
 give just and full opportunity to all parties to make their 
 allegations and produce their proofs. 
 
 RULE XVI. 
 
 CASES IN WHICH THERE IS NO JURISDICTION. 
 
 1. When a requisition issues, the dispute must relate to 
 a mercantile or commercial subject, and must be between 
 members of the Chamber ; otherwise there is no jurisdiction. 
 
 2. When a controversy is submitted, whether between 
 members of the Chamber or not, it must have arisen within 
 the Collection District of the Port of New- York, or be 
 within said District. 
 
20 
 
 3. No minor, married woman or person of unsound mind 
 can be brought before the Court of Arbitration. 
 
 4. No matter pertaining to a fee or life tenancy in real 
 estate can be the subject of jurisdiction. 
 
APPENDIX. 
 
 [Form No. 1.] 
 
 COURT OF ARBITRATION 
 
 OF THE 
 
 CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK. 
 
 Member of the Chamber of Com- 
 merce of the State of New- York, 
 
 , Requisition, 
 against 
 
 Member of said Chamber. 
 
 To 
 
 You are hereby required, pursuant to Chap. 495 of the 
 Laws of New- York of 1875, to appear before the Court of 
 Arbitration of the Chamber of Commerce aforesaid, at its 
 Court Rooms, No. 63 William Street, in the City of New- 
 York, on the day of 187 , at 
 o'clock, P. M., to submit all matters of difference 
 between the parties above named touching a certain 
 
 and to stand to, abide and perform the award in that behalf 
 to be made by the Arbitrator or Board, and to any order 
 or judgment of the said Court of Arbitration, pursuant to 
 said Act. 
 
 Dated New-York, 187 
 
 Yours, &c, 
 
22 
 [Form \o. 2] 
 
 COURT OF AEBITRATION 
 
 OF THE 
 
 CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK. 
 
 aga last ) Subm Ission. 
 
 A controversy, dispute or matter of difference between 
 the undersigned, Laving arisen within the Port of New- 
 York, and relating to a subject matter situate or coming 
 within that port, the nature of which, briefly stated, is as 
 follows : 
 
 We do hereby voluntarily submit the same, and all mat- 
 ters concerning the same, to the said Court of Arbitration 
 of the Chamber of Commerce of the State of New-York, for 
 hcaiing and decision, pursuant to the provisions of Chap. 
 495, Laws of 1875. 
 
 A nd we agree to stand to, abide and perform the decision, 
 award, order, orders and judgment that may therein and 
 I hereupon be made under, pursuant to, and by virtue of. 
 said act. 
 
 Dated New- York, 187 
 
 ( '/'/// and ( ( ounty of Ni w- Fork, ss. : 
 
 On this day of 187 , the within 
 
 named 
 
 known to me to be the same persons described in and who 
 executed the within submission, personally appeared before 
 
23 
 
 me, and severally acknowledged that they had executed the 
 same. 
 
 Cleric of the Court of Arbitration of the 
 Chamber of Commerce of the State of New- York. 
 
 Additional arbitrators to sit with the oflicial Arbitrator, 
 to hear and determine the matter within submitted, are 
 hereby appointed by the respective parties, as follows : 
 
 on the part of the plaintiffs, 
 
 on the part of the defendants. 
 
 Dated New- York, 187 
 
 [Form No. 3.] 
 
 COURT OF ARBITRATION 
 
 OF THE 
 
 CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK. 
 
 against \. ™£<L Ad(Utional 
 
 Arbitrator 
 
 City and County of New- York, ss. : 
 
 chosen to sit with the Arbitrator by 
 
 in this matter, being duly sworn, says, that he will hon- 
 estly, truly and fairly hear and determine the matters sub- 
 mitted herein by the above named parties. 
 
 Subscribed and sworn to, this \ 
 
 day of 187 , before me, J 
 
 Official Arbitrator of the Court of Arbitration 
 of lite Chamber of Commerce of the 
 State of New- York. 
 
24 
 
 [Form No. 4.] 
 
 COURT OF ARBITRATION 
 
 OF THE 
 
 CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK. 
 
 against } Award. 
 
 The above named parties having, on the day 
 
 of 1^7 , pursuant to Chap. 495 of the Laws 
 
 of New- York of 1875, submitted to the said Court of Arbi- 
 tration the matters in controversy between them, touching 
 
 as by their submission 
 and the papers in this matter more fully appears : 
 
 Now. tin' nndersigned, Arbitrator of the said Court of 
 Arbitration of the Chamber of Commerce, and the persons 
 appointed by the parties as additional Arbitrators to sit 
 with him, (they having been first duly sworn according to 
 law. i having heard the allegations and proofs of the respec- 
 tive parties, and decided the matters in controversy between 
 the parties so submitted, do state the settlement thereof. 
 and make this award in writing, and decide, determine and 
 award, that 
 
 Dated New-York. 187 . 
 
 Official Arbitrator of tin ( ourt of Arbitration 
 
 of the ( '/in mix r of Com mi ret of the 
 State of Ni w- York. 
 
 i Additional 
 irbitrators. 
 
25 
 
 [Form No. 5.] 
 
 COURT OF ARBITRATION 
 
 OF THE 
 
 CHAMBER OF COMMERCE OF THE STATE OF NEW-YORK. 
 
 against \ Order. 
 
 Present, — Hon. Enoch L. Fanchee, Arbitrator. 
 
 This matter having been duly heard and determined, 
 pursuant to the provisions of Chap. 495 of the Laws of 
 1875, and the award and decision having been made and 
 filed with the Arbitration Clerk, as required by law ; 
 by which award it was determined 
 
 Now, for the purpose of carrying out and enforcing the 
 said decision and award, and at the request of said plaintiffs, 
 
 It is ordered, that the parties herein stand to, abide by 
 and perform the said decision and award, and that the said 
 
 do fulfil the same. 
 
 And that the Clerk of the County of New- York, upon 
 being paid his fees therefor, do file and enter this order in 
 his office, and that the said have judg- 
 
 ment against said in accordance with the 
 
 terms of this order, which judgment has the same force and 
 effect as a judgment of the Supreme Court of similar pur- 
 port. 
 
 Dated New- York, 187 . 
 
 • 
 
 Official Arbitrator of the Court of Arbitration 
 of the Chamber of Commerce of the 
 State of New- York. 
 
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