in the discretion of the court, direct a sale of the entire property, to which the right or estate attaches. In such a case, the court must, after the sale, ascertain the value of the right or interest of the person so consenting and the final order must either direct the payment, from the proceeds of the sale, of the gross sum so ascertained as the value, or the investment of a just proportion of the proceeds, and the payment to him of the interest thereof. Bnt such a gross sum shall not be paid, nor shall such an investment be made, until an effectual release of the right or estate of the person so consenting, executed to the satisfaction of the court, and duly acknowledged or proved, and certified, in like manner as a deed to be recorded in the county, has been filed with the clerk. 2 R. S. 196, 1874, ch. 446, 181, 182 (2 Edm. 204); L. 1864, ch. 417 (6 Edm. 292, 293) ; L. 13, 15, 16 (9 Edm. 932). 2363. Id.; when belonging to infant, etc.- Where the interest of the infant, or of the lunatic or other incompetent person, consists of a right of dower, or an estate for life, or for years, the final order may authorize the special guardian or committee to join, with the person or persons holding the reversionary estate, in a conveyance of the property to which the interest attaches, so as to release the right of dower, or fully convey the particular estate, on receiving, from the proceeds of the sale, a gross sum, in satisfaction of that interest, or a proportionate part of the proceeds, to be invested until the determination of the particular estate; and, in either case, to be ascertained as prescribed in the last section. Where a proportion of the proceeds is so received by the guardian or committee, for investment, the final order must provide for the investment thereof, until the determination of the particular estate; and then for the payment thereof to the person entitled thereto. New. 2364. Debts of infant, etc., to be paid equally.In the application of money, arising from a sale, mortgage, or lease, made for the purpose of paying debts, as prescribed in this title, the special guardian of the infant, or the committee of the property of the incompetent person, must pay all debts, in equal proportion, without giving a preference to a debt founded upon a specialty, or upon which judgment has been taken. 2 R. S. 54, 15 (2 Edm. 55); L. 1874, ch. 446, § 21 (9 Edm. 933). TITLE VIII. Arbitrations. SEC. 2365. When submission to arbitration cannot be made. 2366. What controversies may be submitted, and how. 2367. Appointment of additional arbitrator, or umpire. 2368. Time for hearing; adjournment, etc. 2369. Arbitrators to be sworn. 2370. Attendance of witnesses, etc. Fees. 2372. Award; to be authenticated, etc. 2374. Id.; to vacate award. 2375. Id. to modify or correct award. 2376. Motions; when to be made. 2377. Costs on vacating award. when majority may award. 2378. Judgment on award; when and how entered. Costs. 279. Judgment-roll. 23-0. Effect of judgment; how enforced. 2381. Appeal. 2392. Effect of party's death, lunacy, etc.; proceedings thereupon. 2383. Revocation of submission. 2384. Liability of party who revokes. 2385. Limitation of recovery against him. 2386. Application of this title. 2365. When submission to arbitration cannot be made. A submission of a controversy to arbitration cannot be made, either as prescribed in this title or otherwise, in either of the following cases: 1. Where one of the parties to the controversy is an infant, or a person incompetent to manage his affairs, by reason of lunacy, idiocy, or habitual drunkenness. 2. Where the controversy arises respecting a claim to an estate in real property, in fee or for life. But where a person, capable of entering into a submission, has knowingly entered into the same with a person incapable of so doing, as prescribed in subdivision first of this section, the objection, on the ground of incapacity, can be taken only in behalf of the person so incapacitated. And the second subdivision of this section does not prevent the submission of a claim to an estate for years, or other interest for a term of years, or for one year or less, in real property; or of a controversy respecting the partition of real property between joint tenants or tenants in common; or of a controversy respecting the boundaries of lands, or the admeasurement of dower. 2 R. S. 541, 1 and 2 (2 Edm. 560). Brady . Mayor, etc., of Brooklyn, 1 Barb. 584; Weed v. Ellis, 3 Caines, 254; Isaacs r. Beth Hamedash Society, 1 Hilt. 469; Palmer v. Davis, 28 N. Y. 242; Harrington e. Higham, 13 Barb. 660; McBride . Hagan, 1 Wend. 326; Smith e. Van Nostrand, 5 Hill, 419; Lowenstein . McIntosh, 37 Barb. 251; Smith . Sweeney, 35 N. Y. 291; Diedrick_v. Richley, 2 H, 27; Keep r. Koep, 17 Hun, 152; Olcott v. Wood, 14 N. Y. 32; s. c., 15 Barb, 644; see Wes v. Peck, 26 N. Y. 42; Butler e. New York, 7 Hill, 329; Wood r. Tunnicliff, 74 N. Y. 38; Bulson v. Lohnes, 29 id. 291; Pollock r. Webster, 16 Hun, 104; Wood v. Tunnicliff, 74 N. Ý. 38; Locke v. Filley, 14 Hun, 139. § 2366. What controversies may be submitted, and how. Except as otherwise prescribed in the last section, two or more persons may, by an instrument in writing, duly acknowledged or proved, and certified, in like manner as a deed to be recorded, submit to the arbitration of one or more arbitrators, any controversy, existing between them at the time of the submission, which might be the subject of an action. They may, in the submission, agree that a judgment of a court of record, specified in the instrument, shall be rendered upon the award, made pursuant to the submission. If the supreme court is thus specified, the submission may also specify the county in which the judgment shall be entered. If it does not, the judgment may be entered in any county. Id., part of 1 and 29. Pratt v. Hackett, 6 Johns. 14; Ex parte Vasques, 5 Cow, 29; see Diedrick v. Richley, 2 Hill, 271; Wells r. Lane, 15 Wend. 99; Valentine . Valentine, 2 Barb. Ch. 430: Bloomer . Sherman, 2 Edw. Ch. 452; s. c., 5 Paige, 575; see Brady . Brooklyn, 1 Barb, 584; Howard r. Sexton, 1 Den. 440; s. c., 4 N. Y. 157; Jones v. Cuyler, 16 Barb. 576; Amsterdam e. Vanderveer, 4 Den. 249; Cape v. Gilbert, ii. 347 People e. Townsend, 5 Ilow. 315; French e. New, 28 N. Y. 147; Howard . Sexton, 4 id. 157. § 2367. Appointment of additional arbitrator, or umpire. Where a submission is made as prescribed in this title, an additional arbitrator or an umpire cannot be selected or appointed, unless the submission expressly so provides. Where a submission, made either as prescribed in this title or otherwise, provides that two or more arbitrators, therein designated, may select or appoint a person as an additional arbitrator or as an umpire, the selection or appointment must be in writ ing. An additional arbitrator or umpire must sit with the original arbitrators upon the hearing. If testimony has been taken before his selection or appointment, the matter must be reheard, unless a rehearing is waived in the submission, or by the subsequent written consent of the parties, or their attorneys. New. Brown v. Lyddy, 11 Hun, 451; Elmendorf v. Harris, 23 Wend. 628; N. Y. v. Butler, 1 Barb. 325; s c., 4 How. Pr. 446; McKinstry v. Solomons, 2 Johns. 57; s. c., 13 id. 27: Van Cortlandt v. Underhill, 17 id. 405; s. c.. 2 Johns. Ch. 339; Day v. Hammond, 57 N. Y. 479; Lyon v. Blossom, 4 Duer, 318. § 2368. Time for hearing; adjournment, etc.—Subject to the terms of the submission, if any are specified therein, the arbitrators, selected as prescribed in this title, must appoint a time and place for the hearing of the matters submitted to them; and must cause notice thereof to be given to each of the parties. They, or a majority of them, may adjourn the hearing from time to time, upon the application of either party, for good cause shown, or upon their own motion; but not beyond the day fixed in the submission for rendering their award, unless the time so fixed is extended by the written consent of the parties to the submission, or their attorneys. Id., 3. Bloomer " Sherman, 2 Edw. Ch. 452; 8. C., 5 Paige, 575; Owen. Boerum, 23 Barb. 187; Campbell v. Western, 3 Paige, 124; Wood . Tunnicliff, 74 N. Y. 38; Nichols. Rensselaer County Mutual Insurance Co., 22 Wend. 125; Pierce v. Morgan, 6 Hun, 235; Locke v. Filley, 14 id. 139: Morewood v. Jewett, 2 Rob. 296; Jordon r. Hyatt, 3 Barb. 215; 8 Bosw. 313; Elmendorf v. Harris, 23 Wend. 628; Knowlton v. Mickles, 29 Barb. 465; Ex parte Rutter, 1 N. Y. Leg. Obs. 178; 8. C., 3 Hill, 464; People v. Townsend, 5 How. Pr. 315; Matter of Shaffer, 3 Abb. Pr. N. S. 234; Wood v. Tunnicliff, 74 N. Y. 308. 2369. Arbitrators to be sworn.-Before hearing any testimony, arbitrators selected either as prescribed in this title or otherwise must be sworn, by an officer designated in section 842 of this act, faithfully and fairly to hear and examine the matters in controversy, and to make a just award, according to the best of their understanding; unless the oath is waived, by the written consent of the parties to the submission, or their at torneys. Id..4, and part of 35. Howard. Sexton, 1 Den. 440; s. c.. 4 N. Y. 457; Day v. Hammond, 57 id. 479; Browning v. Wheeler, 24 Wend, 258. 2370. Attendance of witnesses, etc.-The arbitrators, selected either as prescribed in this title, or other wise, or a majority of them, may require any person to attend before them as a witness; and they have, and each of them has, the same powers, with respect to all the proceedings before them, which are conferred, by the provisions of title second of chapter ninth of this act, upon a board, or a member of a board, authorized by law to hear testimony. Id., 6, and part of ? 5. See Wells v. Collier, 1 N. Y. Leg. Obs. 199; People v. Townsend, 5 How. 315; Cope v. Gilbert, 4 Denlo, 347; Bullock v. Koon, 4 Wend. 531; s. c., 9 Cow. 30; Bergh v. Pfeiffer, Hill & Denio, 110; s. c., 2 N. Y. Leg. Obs. 387. 2371. All the arbitrators to meet; when majority may award. Fees. All the arbitrators, selected as prescribed in this title, must meet together, and hear all the allegations and proofs of the parties; but an award by a majority of them is valid, unless the concurrence of all is expressly required in the submission. Unless it is otherwise expressly provided in the submission, the award may require the payment, by either party, of the arbitrators' fees, not exceeding the fees allowed to a like number of referees in the supreme court; and also their expenses. Id.. 27. See Edson v. Gager, 5 Cow. 383; Campbell v. Western, 3 Paige, 124; Crofoot e. Allen, 2 Wend. 494; Snediker v. Pearson, 5 Ch. Dec. 41; Amsterdam . Vanderveer, 4 Denio, 249; Doke . James, 4 N. Y. 567: Boughton . Seamans, 9 Hun, 392; Locker. Filley, 14 id. 139; Bulson r. Lohnes, 29 N. Y. 291; Fallon r. Kellehar, 16 id. 266; Jones v. Welwood, 71 id. 208; Hiscock v. Harris, 74 id. 108. § 2372. Award; to be authenticated, etc.-To enti tle the award to be enforced, as prescribed in this title, it must be in writing; and, within the time limited in the submission, if any, subscribed by the arbitrators making it acknowledged or proved, and certified, in like manner as a deed to be recorded; and either filed in the office of the clerk of the court, in which, by the submission, judgment is authorized to be entered upon the award, or delivered to one of the parties, or his attorney. Id.. 8, and part of 29. Owen v. Boerman, 26 Barb. 187; Stanton . Henry, 11 Johns. 133; Ocean House Corporation v. Chippu,5 Hun, 419. 2373. Motion to confirm award.-At any time within one year after the award is made as prescribed in the last section, any party to the submission may ap ply to the court, specified in the submission, for an order confirming the award; and thereupon the court |