845. What causes may be shown. 16. In all cases where an award or umpirage shall be presented to any Court of record for a judgment to be entered thereon, whether the reference shall have been made by submission of parties as aforesaid or by rule of Court, the adverse party may show, for cause against the rendition of said judgment, any of the following grounds:

First. That such award or umpirage was obtained by fraud, corruption, partiality, or other undue means; or that there was evident partiality or corruption in the arbitrators or any of them.

Second. That the arbitrator or arbitrators was or were guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown, or in refusing to hear evidence material and pertinent to the controversy, or any other misbehavior by which the rights of any party shall have been prejudiced.

Third. That the arbitrator or arbitrators exceeded his or their powers, or that he or they so imperfectly executed them that a mutual, final, and definite award on the subject-matter submitted was not made.

1. The unsuccessful party in an award can only contest on one of the three grounds named in this section.- Indiana, etc., R. R. Co. v. Bradley, 7 Ind. 49; Spencer v. Curtis, 57 id. 221.

2. As to the grounds of attacking and setting aside an award hereunder, see Madison Ins. Co. v. Griffin, 3 Ind. 277; White Water Valley Canal Co. v. Henderson, id. 3; Ogden v. Rowley, 15 id. 56; Conrad v. Johnson, 20 id. 421; Rice v. Loomis, 28 id. 399.

3. An award should be certain and definite in its terms: if not, or if it be incapable of being made so, it is a nullity.- Hays v. Hays, 2 Ind. 28; Cones v. Vanosdal, 4 id. 248; McCullough v. McCullough, 12 id. 487; Hollingsworth . Pickering, 24 id. 435; Goodwine v. Miller, 32 id. 419.

4. Upon exceptions to an award, a jury trial is not demandable.-- Snodgrass v. Snodgrass, 32 Ind. 406; Milner v. Noel, 43 id. 324.

846. When party may move to correct award. 17. Any party to such submission may move the Court to modify or correct such award or umpirage, in the following cases:

First. When there is an evident miscalculation of figures, or an evident mistake in the description of any person, thing, or property referred to or mentioned in such award or umpirage.

Second. When the arbitrator or arbitrators shall have awarded upon some matter not submitted and not affecting the merits of the decision upon the matters which were submitted.

Third. When the award or umpirage shall be imperfect in some matter of form not affecting the controversy, and when, if it had been a verdict, such defect could have been properly amended or disregarded by the Court. 847. Proceedings on motion. 18. The Court shall hear the proofs and allegations of the parties, to invalidate and sustain such award or umpirage, and shall decide thereon, either confirming such award or umpirage, or may modify and correct the same in the cases prescribed in the last preceding section so as to effect the intent thereof and to promote justice between the parties, and shall render judgment on such original or cor rected award or umpirage; or the Court may vacate such award or umpir age for any of the causes hereinbefore specified, at the cost of the parties seeking to enforce such award or umpirage.

1. A statutory award is regarded as merely in fieri, until it is confirmed by the proper Court. Shroyer v. Bash, 57 Ind. 349.

2. Clerical and arithmetical mistakes in an award may be corrected, without affecting its validity. Conrad v. Johnson, 20 Ind. 421

848. Kinds of judgment. 19. If such award or umpirage be confirmed, judgment shall be given in favor of any party to whom any sum of money or damages shall have been awarded that he recover the same; and if the award or umpirage shall have ordered any act to be done by either party, judgment shall be entered that such act be done according to such award or umpirage.

849. Costs, how taxed. 20. The costs of the proceedings in Court shall be taxed as in suits; and if no provision for the fees and expenses of the arbitration shall have been made in the award or umpirage, the Court shall make the allowances therefor. But if there was a suit pending previous to such submission, the costs of which were not noticed by the arbitrators or umpire, the Court shall not allow or tax any of the costs thereof prior to such submission.

850. Judgment to do an act, how enforced. 21. When, by any judgment of the Court on award or umpirage, any party shall be required to perform any act other than the payment of money, the Court shall have power to enforce the same by attachment, until the terms of such judgment shall be complied with.

851. Reference of suit in open Court.

22. If the subject-matter of

any suit pending in any Court might originally have been submitted to arbitration, the parties to such suit, their agent or attorney-at-law may consent, by rule of Court, to refer the matter in controversy to certain persons mutually chosen by them in open Court.

1. The record must show the consent of parties to the reference herein. Referees should report a finding of facts, not the evidence.- Board v. Huston, 12 Ind. 276; Ware v. Adams, id. 359; Daggy v. Cronnelly, 20 id. 474.

852. Referees, when sworn-Report. 23. Such referees, if required by the parties, shall be sworn in open Court, or before any officer authorized to administer oaths, faithfully and impartially to investigate, adjust, and report the matters thus submitted, and shall proceed to the investigation of such matters according to the submission of the parties, and report to the Court at such time as shall be agreed by the parties in such rule of refer

ence.

853. Report, and effect thereof. 24. When such report shall be returned under the hands of the referees, or a majority of them, it shall be entered on the order-book, and shall be of the same effect, and be deemed and taken to be as available in law as the verdict of a jury.

854. Judgment on report. 25. Either party may move the Court for judgment on such report; and if no sufficient cause be shown to the contrary, judgment shall be rendered thereon in like manner and with like force and effect as if rendered upon the verdict of a jury.

855. Pay of arbitrators and referees. 26. Such arbitrators and referees shall be allowed one dollar per day each for every day they are necessarily employed as such arbitrators.

SBC.

ARTICLE 29- ARREST AND BAIL.

856. Arrest-Conditions and manner.

857. Order of arrest -- Affidavit.

8. Plaintiff's undertaking.

SEC.

859. Sheriff to execute order-Contents.
860.
Arrest.

861. Recognizance of special bail,

[1881 S., p. 240. In force September 19, 1881.]

856. Arrest Conditions and manner. 139. A defendant in a 'civil action can be arrested and held to bail only upon the conditions and in the manner prescribed in this Act. (103.)

857. Order of arrest - Affidavit. 140. An order for the arrest of the defendant shall be made by the Court, in term time, in which the action is brought, or by the Clerk thereof, in vacation, at the commencement of the action, or at any time before judgment, when there is filed in the office of such Clerk an affidavit of the plaintiff, his agent or attorney, specifying the plaintiff's right to recover an existing debt or damages from the defendant, and stating that he believes the defendant is about to leave the State, taking with him property subject to execution, or money, or effects which should be applied to the payment of the plaintiff's debt or damages, with intent to defraud the plaintiff. (104.)

1. It is only in cases of fraud that a debtor can be either arrested or imprisoned.Swift v. State, 63 Ind. 81.

858. Plaintiff's undertaking. 141. The order of arrest shall not be issued until there has been executed and filed in the office of the Clerk of such Court, by one or more sufficient sureties of the plaintiff, to be approved by the Clerk or Court making the order, a written undertaking to the effect that the plaintiff shall pay to the defendant all damages which he may sustain by reason of the arrest, if the order is wrongfully obtained, not exceeding double the amount of the plaintiff's claim stated in the affidavit. (105.)

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859. Sheriff to execute order - Contents. 142. The order of arrest shall be addressed and delivered to the Sheriff. It shall state the names of the parties to the action, the Court in which the action is brought, and the amount of the plaintiff's claim specified in the affidavit; and shall require the Sheriff to arrest the defendant, and hold him to bail in the sum of the plaintiff's claim, with the costs of the action, and to make return of the order on a day to be named therein, with the recognizance, if any is taken. (106.)

860. Arrest. 143. The Sheriff shall execute the order, by arresting the defendant, and keeping him in custody until discharged by law. (107.) 861. Recognizance of special bail. 144. When an order of arrest and bail is executed, the Sheriff shall take a recognizance of special bail of some responsible person, resident of this State, in substance that the surety acknowledges himself special bail for the defendant in the action; which shall be indorsed on the order of arrest, and signed by the surety, and shall have the force and effect of a recognizance of special bail, and be obligatory as such. (108.)

862. Return. 145. It shall be the duty or ne Sheriff to return the order of arrest to the office whence it issued, immediately upon taking and

approving of the recognizance of special bail, when bail is taken, and in all other cases, on the return-day, and in all cases, the officer shall indorse his doings thereon. (109.)

863. Effect of recognizance. 146. Any such recognizance of special bail shall only amount to an undertaking that the defendant will surrender his body, or the money, property, and effects, or the value thereof, held or owned by him at the time of filing such affidavit; and in default of such surrender, the surety in such recognizance shall only be liable for the amount of the property, moneys, and effects which the plaintiff may show the defendant to have held or owned at the time of filing such affidavit exceeding the amount exempt from execution. (110.)

864. Habeas corpus. 147. When any person shall be committed to prison on an order of arrest for want of special bail, he may sue out a writ of habeas corpus in any Court, or before any Judge of competent jurisdiction; and on the return thereof the plaintiff shall be compelled to show that the facts alleged in the affidavit, on which the defendant is held to bail, are true; and on failure to do so, the defendant shall be discharged. (111.)

865. Length of detention. 148. When any person is committed for want of bail, he shall be held in prison (unless he is bailed or otherwise legally discharged) until final judgment in the action in which he is arrested; and if the judgment be against him he shall be held for such time thereafter as the Court shall direct, not exceeding ten days. (112.) 866. Plaintiff may object to insufficient bail-Notice. 149. If the plaintiff deem the bail insufficient, he may, at the term to which the writ is returnable, or at any term thereafter before final judgment, object to the sufficiency of the bail, by giving three days' notice of the objection

867. Hearing-Proceedings-Liability of Sheriff. 150. At the time specified in such notice, the Court shall proceed to hear and determine as to the sufficiency of the bail; if adjudged insufficient, and other bail, approved by the Court, is not given, the bail shall not be thereby discharged, but may be proceeded against by the plaintiff; and if he can not recover the amount for which such bail may have become liable, the Sheriff shall be liable on his official bond for the same or so much as may remain unsatisfied, and for the costs of the action against the bail. (114)

868. Sheriff, when not liable. 151. The Sheriff shall not be liable to the plaintiff on account of the insufficiency of the bail, if it shall appear that he acted with due care in accepting the same. (115.)

869. Who may make affidavit. 152. Affidavits of the plaintiff's right to the debt or damages which he claims may be made by any person residing in this or any other State, Territory, or country; and additional affidavits may be made by other persons, stating the further grounds necessary to obtain an order for arrest and bail; and upon filing such affidavits, duly authenticated, an order for the arrest and bail may be entered as in other cases. (116.)

870. Bail, when exonerated. 153. The bail may be exonerated either by the death of the defendant, or his imprisonment in the State prison, or by his legal discharge from the obligation to render himself amenable to the process, or by his surrender to the Sheriff of the county

where he was arrested in execution thereof, at any time before final judgment against the bail or his recognizance. (117.)

871. Arrest of principal by bail. 154. The bail may at any time take a certified copy of the order of arrest and recognizance, by virtue of which he may take his principal and deliver him into the custody of the proper officer. Such copy shall be given and certified by the Clerk. (118.)

872. Surrender in open Court. 155. If the Court to which the order of arrest is returnable be in session at the time of the surrender, the same may be made in open Court, and the Court shall cause the discharge of the bail from all further liability, to be entered of record. (119.)

873. Surrender in vacation to Sheriff or Jailer. 156. If the Court be not in session, the surrender may be made to the Sheriff or keeper of the jail of the proper county, who shall receive the prisoner and hold him in custody in like manner as if he had been committed by virtue of the order of arrest on which he was held to bail. (120.)

874. Copy of order must accompany surrender. 157. But the Sheriff shall not be bound to receive any person so surrendered unless the bail shall deliver to him a copy of the order of arrest and recognizance, certified by the officer who issued the original order of arrest. (121.)

875. Indorsement of reception - Effect. 158. The Sheriff or keeper of the jail shall acknowledge the reception of the principal, by an indorsement on the certified copy of the order of arrest; and the surrender shall acquit the bail from all further liability as special bail. (122.) 876. New bail. 159. Every defendant surrendered by his bail may be bailed as if arrested by the original order of arrest. (123.)

877. Notice of surrender after judgment. 160. When the surrender of the principal is made after final judgment against him, the bail shall, within ten days after, cause notice of the time and place thereof to be given to the plaintiff or his attorney, if either reside in the State; which notice shall be served by the Sheriff, who shall deliver a certified copy of the notice to the keeper of the jail, on or before the expiration of ten days from the time of the surrender; but if neither the plaintiff nor his attorney reside in the State, the notice shall be posted up ten days in the Clerk's office of the county, and a copy of the notice, certified by the Clerk, shall be forthwith thereafter delivered to the keeper of the jail. (124.).

878. Disposition of surrendered defendant, after judgment. 161. When the surrender is made after judgment, the prisoner shall be detained in custody; but if the plaintiff shall not proceed to charge him in execution within five days after the notice, the defendant shall be discharged from custody without any order for that purpose. (125.)

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879. Failure to notify-Liability of bail. 162. If any bail shall fail to give the required notice to the plaintiff or his attorney, and the principal shall be discharged, no proceedings being commenced to charge him in execution, the bail shall remain liable on his own recognizance. (126.)

880. Suit on recognizance-Limitation. 163. Whenever the right of action has accrued against any special bail, the creditor may at any time within two years after final judgment against the principal, and not afterward, maintain an action on the recognizance in his own name. (127.)