the request of the party in favour of whom the report of the arbitrators shall have been made, to issue execution or such other process as may be necessary to carry into complete effect and operation such judgment obtained as aforesaid: Provided always, That where judgment has been rendered for any sum or sums of money, the like stay of execution shall be had, under the like regulations as is provided by the seventh section of an act entitled "An act to regulate arbitrations and proceedings in courts of justice," passed the 21st of March one thousand eight hundred and six. Provided also, That no appeal shall be allowed to either party until the appellant pay all the costs that may have accrued on such suit or action. And provided also, That the appellant shall not be permitted to produce as evidence in court any books or documents which he or they shall have withheld from the arbitrators.

SECT. XII. And be it further enacted by the authority aforesaid, That if the plaintiff be the appellant, he shall by himself, his agent or attorney, with one or more sufficient sureties, be bound in recognisance with the prothonotary, the condition of which shall be, that if the said plaintiff shall not recover in the event of the suit a sum greater, or a judgment more favourable, than the report of the arbitrators, he shall pay all costs that shall accrue in consequence of said appeal, and one dollar per day for each and every day lost by the defendant in attending on such appeal, which costs and daily pay shall be taxed and recovered as costs in other cases are recoverable.

SECT. XIII. And be it further enacted by the authority aforesaid, That the costs to be paid by the appellant, as required by the proviso of the eleventh section of this act, shall nevertheless be taxed in the appellant's bill, and recovered of the adverse party in such cases only where in the event of the suit the appellant is entitled to recover costs agreeably to the provision contained in this act.

SECT. XIV. And be it further enacted by the authority aforesaid, That if the defendant be the appellant he shall, by himself, his agent or attorney, produce one or more sufficient sureties, who shall enter into a recognisance with the protho

notary, in the nature of special bail, the condition of which shall be, that if the plaintiff in the event of the suit shall obtain a judgment for a sum equal to, or greater, or a judgment as, or more favourable than the report of the arbitrators, the said defendant shall pay all the costs that may accrue in consequence of said appeal, together with the sum or value of the property or thing awarded by the arbitrators, with one dollar per day for each and every day that shall be lost by the plaintiff in attending to such appeal, or in default thereof shall surrender the defendant or defendants to the gaol of the proper county, in discharge of the said recognisance, which sum, cost, and daily pay shall be recovered as is provided by the foregoing section of this act. Provided, That where executors or administrators may be the party appellant as aforesaid, they shall have an appeal as is by law allowed in other

cases.

SECT. XV. And be it further enacted by the authority aforesaid, That all suits now depending in the court of common pleas of Philadelphia county, on appeals from the awards of arbitrators made in pursuance of the act of the twenty-ninth day of March one thousand eight hundred and nine, while the said suits were depending in the supreme court in the eastern district, be, and the same are hereby transferred to the said supreme court, and considered, to all intents and purposes, as if such appeals had been made to the supreme court, and the like proceedings shall be had thereon in the said last mentioned court as if the appeal had been entered to the

same.

SECT. XVI. And be it further enacted by the authority aforesaid, That it shall be the duty of the prothonotary of the court of common pleas of Philadelphia county, and he is hereby required, immediately after the passing of this act, to transmit to the prothonotary of the supreme court of the eastern district, all the pleadings and other papers filed in said suits, together with a transcript of the record containing all the proceedings of the said court of common pleas in the suits aforesaid, and the said prothonotary of the supreme

court of the eastern district is hereby required to receive and enter the same on his docket.

SECT. XVII. And be it further enacted by the authority aforesaid, That the prothonotary of the proper county, an alderman, or a justice of the peace, or either of the arbitrators, shall have power to issue subpoenas for witnesses; and, if necessary, attachments to compel their attendance, and the form of the subpoena shall be as follows, viz.

County, ss.

greeting: We

The commonwealth of Pennsylvania to command you and each of you, that you be and appear in your proper persons before A. B. C. D, &c. arbitrators appointed to hear and decide all matters in variance between the parties in a certain action wherein E. F. is plaintiff and G. H. defendant, at the house of I. K. in the township of on

the

day of

next, then and there to give evidence on the part of the (plaintiff or defendant as the case may be). Hereof fail not under the penalty which may ensue.

Witness my hand the

(Signed)

day of

A. D.

L. M. one of the arbitrators.

And the form of the attachment shall be as follows, viz.

County, ss.

The commonwealth of Pennsylvania to the constable of the township of: We command you that you take late of the county aforesaid, and have him forthwith before A. B. C. D. &c. arbitrators appointed to hear and decide all matters in variance between the parties in a certain action wherein E. F. is plaintiff and G. H. defendant, at the house of in

the township of

then and there to answer to such matters and things as shall be objected against him, and not depart without leave.

Witness my hand the (Signed)

day of

A. D.

I. K. one of the arbitrators.

SECT. XVIII. And be it further enacted by the authority aforesaid, That in case a majority of arbitrators shall not attend

on the day appointed for them to meet, the arbitrator or arbitrators attending shall (where the parties, they being both present, cannot agree) appoint a number of suitable persons in the place of those absent, and if but one of the parties be present, the arbitrator or arbitrators present shall appoint such persons to supply the vacancy, without consulting the party attending.

SECT. XIX. And be it further enacted by the authority aforesaid, That if either of the parties, their agents or attorneys, or any other person for them, shall, after the appointment of any arbitrators, attempt to corrupt or influence any arbitrator or arbitrators, by privately endeavouring, either in conversation, written evidence, or correspondence, to bias the mind or judgment of such arbitrator or arbitrators in favour of such party, he, she or they, so offending, shall forfeit and pay the sum of twenty-five dollars, one half to the prosecutor, and the other half to the use of the proper county, to be recovered on conviction before an alderman or justice of the peace, in the proper county where the offence may have been committed; and it shall be the duty of the respective prothonotaries to read this section in open court on the Wednesday of each term for two years, and likewise to the parties, their agents or attorneys, if they or either of them attend on the day on which the arbitrators are appointed.

SECT. XX. And be it further enacted by the authority aforesaid, That it shall be the duty of the prothonotary, on application by both or either of the parties, their agents or attorneys, to enter a rule to take the depositions of aged, infirm, going, or absent witnesses, or those out of the state, in the same manner, and subject to the same rules and regulations now observed in the courts of this commonwealth.

SECT. XXI. And be it further enacted by the authority aforesaid, That the arbitrators, or a majority of them, shall have power by fine, not exceeding twenty dollars, to punish either of the parties, their agents or attorneys, or other person or persons, for disorderly conduct in their presence, or for insulting, disturbing or interrupting the arbitrators when on business; which fine shall be recovered in the following

manner: The arbitrators, or a majority of them, shall make out a certificate in the following form: "We, the undernamed arbitrators, do certify that A. B. did this day, at — in the county of before us conduct himself in an insolent and disorderly manner, (or as the case may be) tending to insult, disturb and interrupt us in the trial of a certain cause wherein 7.D. is plaintiff and U. W. defendant; for which offence we have fined the said A. B. the sum of dollars, which sum you are hereby required to collect according to law. Witness our hands this

Lord

day of
A. B.

in the

year

of our

C. D. Arbitrators.”
E. F.

Which certificate shall be transmitted to an alderman, or a justice of the peace, who is hereby required to make a record thereof, and to collect the same in the manner that debts under five dollars thirty-three cents are by law collected; which sum when recovered and collected shall be paid by such justice to the county treasurer, for the use of the proper county where the offence may have been committed.

SECT. XXII. And be it further enacted by the authority aforesaid, That it shall be the duty of the prothonotaries of the respective counties, to transmit to the secretary of the commonwealth, in the month of December annually, a correct statement of the number of cases referred under this act, classed under their proper title, the number of awards made by arbitrators, and the number of appeals from such awards, and the reversal thereof classed as aforesaid; which statements the secretary shall lay before the legislature.

SECT. XXIII. And be it further enacted by the authority aforesaid, That in all cases where a reference has been had under the act of assembly passed the twenty-ninth day of March one thousand eight hundred and nine, entitled "A supplement to an act entitled an act to regulate arbitrations and proceedings in courts of justice," and from the report of the referees either of the parties has entered an appeal, and has entered bail for the prosecution of said appeal, but the