TITLE X OF ARBITRATIONS. 1281. What may be submitted to arbitration, and when. 1282. Submission to arbitration to be in writing. 1283. Submission may be entered as an order of the court. Revoca. tion. § 1284. Powers of arbitrators. 1285. Majority of arbitrators may determine any question. They must be sworn. 1286. Award to be in writing. When judginent to be entered. 1287. Award may be vacated in certain cases. 1288. Court may, on motion, modify or correct the award. 1289. Decision, on motion, subject to appeal, but not the judgment entered before motion. § 1290. If submission be revoked and an action brought, what to be recovered. § 1281. Persons capable of contracting may submit to arbitration any controversy which might be the subject of a civil action between them, except a question of title to real property in fee or for life. This qualification does not include questions relating merely to the partition or boundaries of real property. Arbitration-statute construed, 4 Cal. 1, 205. Submission to arbitration-discontinuance of cause by, 1 Cal. 45: conclusive effect of, 3 Cal. 43: by partner, 5 Cal. 345. Controversy actionable-else no basis for submission, 52 Cal. 159. Title to real property-question of, 21 Cal. 317; 42 Cal. 479; 52 Cal. 159: partition, 23 Cal. 275. § 1282. The submission to arbitration must be in writing, and may be to one or more persons. Submission in writing-penalty in, 23 Cal. 275: stipulation against appeal, 2 Cal. 74; when award authorized by, 21 Cal. 317: distinguished from reference, 4 Cal. 1. One or more persons-three arbitrators, majority acting, sec. 1285; also sec. 1053. § 1283. It may be stipulated in the submission that it be entered as an order of the Superior Court, for which purpose it must be filed with the clerk of the county where the parties, or one of them, reside. The clerk must thereupon enter in his register of actions a note of the submission, with the names of the parties, the names of the arbitrators, the date of the submission, when filed, and the time limited by the submission, if any, within which the award must be made. When so entered, the submission cannot be revoked without the consent of both parties. The arbitrators may be compelled by the court to make an award, and the award may be enforced by the court in the same manner as a judgment. If the submission is not made an order of the court, it may be revoked at any time before the award is made. [In effect April 15th, 1880.] Order of court-submission made, by stipulation, 14 Cal. 390; 30 Cal. 218; 42 Cal. 125: but court must have jurisdiction, 9 Cal. 142. Register of actions-generally, sec. 1052: entry and authority, 30 Cal. 218: 43 Cal. 393. § 1284. Arbitrators have power to appoint a time and place for hearing, to adjourn from time to time, to administer oaths to witnesses, to hear the allegations and evidence of the parties, and to make an award thereon. Umpire before hearing-23 Cal. 365. Make an award thereon-time governed by submission, 30 Cal. 218. § 1285. All the arbitrators must meet and act together during the investigation; but when met, a majority may determine any question. Before acting, they must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation to the matters in controversy, and to make a just award according to their understanding. Majority acting-sec. 1053. Just award-when set aside for illegality, 2 Cal. 74. § 1286. The award must be in writing, signed by the arbitrators, or a majority of them, and delivered to the parties. When the submission is made an order of the court, the award must be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a party, and on filing an affidavit, showing that notice of filing the award has been served on the adverse party or his attorney, at least four days prior to such application, and that no order staying the entry of judgment has been served, the award must be entered by the clerk in the judgment book, and thereupon has the effect of a judg ment. Award, extent of-7 Cal. 312; 12 Cal. 331; 37 Cal. 197. Delivered to the parties-afterward, no change or correction, 2 Cal. 322; 7 Cal. 312; 23 Cal. 365. After five days-on filing affidavit, 31 Cal. 128. Entering judgment on award-1 Cal. 45; 4 Cal. 3; 14 Cal. 390. § 1287. The court, on motion, may vacate the award upon either of the following grounds, and may order a new hearing before the same arbitrators, or not, in its discretion: 1. That it was procured by corruption or fraud; 2. That the arbitrators were guilty of misconduct, or committed gross error in refusing, on cause shown, to postpone the hearing, or in refusing to hear pertinent evidence, or otherwise acted improperly, in a manner by which the rights of the party were prejudiced; 3. That the arbitrators exceeded their powers in making their award; or that they refused, or improperly omitted, to consider a part of the matters submitted to them; or that the award is indefinite, or cannot be performed. Award conclusive-except as stated in section, 1 Cal. 45; and see 3 Cal. 431. Vacating award, grounds for-Subd. 1, fraud, mistake, or accident, 2 Cal. 74, 122; 4 Cal. 122, 205; 14 Cal. 390. Subd. 2, misconduct, 4 Cal. 205; 31 Cal. 128: contrary to law and evidence, 14 Cal. 390. Subd. 3, in excess of powers, 21 Cal. 317: indefinite, 2 Cal. 599; 12 Cal. 331; 14 Cal. 390; 37 Ca. 197. § 1288. The court may, on motion, modify or correct the award, where it appears: 1. That there was a miscalculation in figures upon which it was made, or that there is a mistake in the description of some person or property therein; 2. When a part of the award is upon matters not submitted, which part can be separated from other parts, and does not affect the decision on the matters submitted; 3. When the award, though imperfect in form, could have been amended if it had been a verdict, or the imperfection disregarded. Modifying or correcting award-Subd. 2, partially good, 2 Cal. 74; 9 Cal. 142. § 1289. The decision upon the motion is subject to appeal in the same manner as an order which is subject to appeal in a civil action; but the judgment entered before a motion made cannot be subject to appeal. Motion to vacate or modify award-secs. 1287, 1288; 38 Cal. 286. § 1290 If a submission to arbitration be revoked, and an action be brought therefor, the amount to be recovered can only be the costs and damages sustained in preparing for and attending the arbitration. TITLE XI. Of Proceedings in Probate Court. CHAP. I. Of jurisdiction. §§ 1294-1295. II. Of the probate of wills. §§ 1298-1346. III. Of executors and administrators, their letters, bonds, removals, and suspensions. §§ 1349, 1440. IV. Of the inventory and collection of the effects of decedents. §§ 1443-1461. V. Of the provisions for support of family, and of VI. Of claims against the estate. §§ 1490-1513. VIII. Of the powers and duties of executors and administrators, and of the management of estates. §§ 1581-1591. IX. Of the conveyance of real estate by executors and administrators in certain cases. $$ 1597-1607. X. Of accounts rendered by executors and administrators, and of the payment of debts. §S 1612-1653. XI. Of the partition, distribution, and final settlement of estates. §§ 1658-1698. XII. Of orders, decrees, process, minutes, records, XIII. Of public administrator. §§ 1726-1743. [ 440 ] CHAPTER I. OF JURISDICTION. § 1294. Jurisdiction of Probate Court over the estate, when exercised. 1295. When jurisdiction decided by first application. § 1294. Wills must be proved, and letters testamentary or of administration granted: 1. In the county of which the decedent was a resident at the time of his death, in whatever place he may have died; 2. In the county in which the decedent may have died, leaving estate therein, he not being a resident of the State; 3. In the county in which any part of the estate may be, the decedent having died out of the State, and not resident thereof at the time of his death; 4. In the county in which any part of the estate may be, the decedent not being a resident of the State, and not leaving estate in the county in which he died; 5. In all other cases, in the county where application for letters is first made. Probate matters-jurisdiction of Superior Courts in, sec. 76, subd. 4: of former Probate Courts, see under SUPERSEDED COURTS, sec. 76n. SUBDIVISION 1. County of decedent's residence-7_Cal. 215; 10 Cal. 110; 17 Cal. 233; 24 Cal. 182; Estate of Tittel, My. P. Rep. 97; 228, 237. SUBDIVISION 5. County where application first made-see sec. 1295. § 1295. When the estate of the decedent is in more than one county, he having died out of the State, and not having been a resident thereof at the time of his death, or being such non-resident, and dying within the State, and not leaving estate in the county where he died, the Superior Court of that county in which application is first made, for letters testamentary or of administration, has exclusive jurisdiction of the settlement of the estate. [In effect April 16th, 1880.] County where application first made-court of, has exclusive juris diction, 15 Cal. 220. |