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SECTION 1281.

1282.

TITLE X.

OF ARBITRATIONS.

What may be submitted to arbitration, and when.
Submission to arbitration to be in writing.

1283. Submission may be entered as an order of the court.
Revocation.

1284. Powers of arbitrators.

1285. Majority of arbitrators may determine any question. They must be sworn.

1286. Award to be in writing. When judgment 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. (§ 380.) 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.

2 Cal. 74; 3 Cal. 431; 4 Cal. 1, 205; 21 Cal. 317; 23 Cal. 275; 30 Cal. 218; 37 Cal. 197; 42 Cal. 479.

§ 1282. (§ 381.) The submission to arbitration must be in writing, and may be to one or more persons.

4 Cal. 1; 9 Cal. 142; 14 Cal. 390

§ 1283. (§ 382.) It may be stipulated in the submission, that it be entered as an order of the county court, or of the district court, for which purpose it must be filed with the clerk of a 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.

2 Cal. 74; 4 id. 122; 14 id, 390; 30 id. 218; 31 id. 128; 42 id. 125; 43 id. 393.

§ 1284. (§ 383.) 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.

23 Cal. 365; 30 Cal. 218.

§ 1285. (§ 384.) 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.

§ 1286. (§ 385.) 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 judgment.

2 Cal. 74; 14 Cal. 390; 31 Cal. 128; 37 Cal, 197.

01287. (§ 386.) 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.

3 Cal. 431; 7 Cal. 312; 12 Cal. 331; 21 Cal. 317; 31 Cal. 123.

§ 1288. (6 387.) 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.

§ 1289. (§ 388.) 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.

§ 1290. (§ 389.) 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.

CHAPTER I. OF JURISDICTION.

II.

III.

IV.

V.

OF THE PROBATE OF WILLS.

OF EXECUTORS AND ADMINISTRATORS, THEIR LET-
TERS, BONDS, REMOVALS AND SUSPENSIONS.

OF THE INVENTORY AND COLLECTION OF THE EF-
FECTS OF DECEDENTS.

OF THE PROVISIONS FOR SUPPORT OF FAMILY, AND

OF THE HOMESTEAD.

VI. OF CLAIMS AGAINST THE ESTATE.

VII. OF SALES AND CONVEYANCE OF PROPERTY ΤΟ

VIII.

IX.

X.

DECEDENTS.

OF THE POWERS AND DUTIES OF EXECUTORS AND
ADMINISTRATORS, AND OF THE MANAGEMENT
OF ESTATES.

OF THE CONVEYANCE OF REAL ESTATE BY EX-
ECUTORS AND ADMINISTRATORS IN CERTAIN
CASES.

OF ACCOUNTS RENDERED BY EXECUTORS AND AD.
MINISTRATORS, AND OF THE PAYMENT OF

DEBTS.

XI. OF THE PARTITION, DISTRIBUTION AND FINAL

SETTLEMENT OF ESTATES.

XII. OF ORDERS, DECREES, PROCESS, MINUTES, REC

CORDS AND APPEALS.

XIII. OF PUBLIC ADMINISTRATOR.

XIV. OF GUARDIAN AND WARD.

CHAPTER I.

OF JURISDICTION

SECTION 1294. Jurisdiction of Probate Court over the estate, when exercised.

§ 1294.

1295.

When jurisdiction decided by first application.

(2.) 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, leav ing 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.

Stat. 1861, 628, inserted, in subdivision 1, the words, "or immediately previous to" between "at" and "the time of."

Stat. 1851, 448, omitted subdivisions 4 and 5.

4 Cal. 362; 5 Cal. 58, 230, 432; 6 Cal. 621, 666; 7 Cal. 215; 10 Cal. 110,495; 12 Cal. 433; 15 Cal. 220; 17 Cal. 233; 23 Cal. 427; 24 Cal. 187.

§ 1295. (§ 3.) When the estate of the decedent is in more than one county, he having died out of the state, and not hav ing 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 probate 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.

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Stat. 1851, 448, omitted the words, or being such non-resident and dying within the state, and not leaving estate in the county where he died.",

Stat. 1861, 628, omitted the words," or of administration."

Stat. 1863-4, 367, same as § 1295. 39 Cal. 554.

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