Consolidated Laws Comprising the Arbitration law, the General construction law, and sections transferred from the code of civil procedure. 3 ARBITRATION LAW 881-4 ARBITRATION LAW L. 1920, CH. 275, AMENDED, 1921. AN ACT in relation to arbitration, consisting chapter seventy-two of the consolidated laws CHAPTER 72 OF THE CONSOLIDATED Eight days' notice in writing of such application LAWS ARBITRATION LAW Article 1. Short title (§ 1). 2. General provisions (§§ 2-6). 4. Time of taking effect (§ 10). General Provisions Section 2. Validity of arbitration agreements. 3. Remedy in case of default. 4. Provision in case of failure to name arbitrator or umpire. 5. Stay or proceedings brought in violation of an arbitration agreement or submission. 6. Applications to be heard as motions. § 2. Validity of arbitration agreements. A provision in a written contract to settle by arbitration a controversy thereafter arising between the parties to the contract, or a submission hereafter entered into of an existing controversy to arbitration pursuant to title eight of chapter seventeen of the code of civil procedure, or article eighty-three* of the civil practice act, shall be valid, enforcible and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Am. by L. 1921, ch. 14, in effect April 15, 1921.) § 3. Remedy in case of default. A party aggrieved by the failure, neglect or refusal of another to perform under a contract or submission providing for arbitration, described in section two hereof, may petition the supreme court, or a judge thereof, for an order directing that such arbitration proceed in the manner provided for in such contract or submission. *Art. 83 renumbered art. 84 by L. 1921, ch. 199. shall be served upon the party in default. Service thereof shall be made in the manner provided by law for personal service of a summons. The court, or a judge thereof, shall hear the parties, and upon being satisfied that the making of the contract or submission or the failure to comply therewith is not in issue, the court, or the judge thereof, hearing such application, shall make an order directing the parties to proceed to arbitration in accordance with the terms of the contract or submission. If the making of the contract or submission or the default be in issue, the court, or the judge thereof, shall proceed summarily to the trial thereof. If no jury trial be demanded by either party, the court, or issue. Where such an issue is raised, any party the judge thereof, shall hear and determine such may, on or before the return day of the notice of application, demand a jury trial of such issue, judge thereof, shall make an order referring the and if such demand be made, the court, or the issue or issues to a jury in the manner provided by law for referring to a jury issues in an equity action. If the jury find that no written contract providing for arbitration was made or submission entered into, as the case may be, or that there is no default, the proceeding shall be dismissed. If the jury find that a written contract providing for arbitration was made or submission was entered into and there is a default in the performance thereof, the court, or the judge thereof, shall make an order summarily directing the parties to the contract or submission to proceed with the arbitration in accordance with the terms thereof. § 4. Provision in case of failure to name arbitrator or umpire. If, in the contract for arbitration or in the submission, described in section two, provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or umpire, or in filling a vacancy, then, upon application by either party to the controversy, the supreme court, or a judge thereof, shall designate and appoint an arbitrator or arbitrators or umpire, as the case may require, who shall act under the said contract or submission with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided, the arbitration shall be by a single arbitrator. § 5. Stay of proceedings brought in violation of an arbitration agreement or submission. If any suit or proceeding be brought upon any issue otherwise referable to arbitration under a contract or submission described in section two, the supreme court, or a judge thereof, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under a contract containing a provision for arbitration or under a submission described in section two, shall stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement. § 6. Applications to be heard as motions. Any application to the court, or a judge thereof, hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided. JARTICLE 3 Application of Certain Sections of the Code of Civil Procedure and Repeal and Amendment of Certain other Provisions thereof. Section 7. Repeal of provisions of code of civil procedure. 8. Application of certain sections of code of civil procedure. 9. Amendment of certain section of code of civil procedure. § 7. Repeal of provisions of code of civil procedure. Sections twenty-three hundred and eighty three, twenty-three hundred and eighty-four and twenty-three hundred and eighty-five of chapter seventeen, title eight, of the code of civil procedure are hereby repealed. §8. Application of certain sections of code of civil procedure and the civil practice act. The provisions of sections twenty-three hundred and sixty-five to twenty-three hundred and eighty-six of the code of civil procedure, both inclusive, except sections twenty-three hundred and eighty-three, twenty-three hundred and eighty-four and twenty-three hundred and eighty-five, and the corresponding sections of the civil practice act, namely sections fourteen hundred and ten to fourteen hundred and thirtyone, both inclusive, except sections fourteen Sections 1410-1431 are renumbered §§ 1448-1469 by L. 1921, ch. 199. 1118 hundred and twenty-eight, fourteen hundred and twenty-nine and fourteen hundred and thirty, so far as practicable and consistent with this chapter, shall apply to an arbitration agreement under this chapter, and for such purpose the arbitration agreement shall be deemed a submission to arbitration. Wherever in such sections reference is made to the court specified in the submission, the supreme court shall have jurisdiction of the subject matter if no court be specified in the arbitration agreement. (Am. by L. 1921, ch. 14, in effect April 15, 1921.) § 9. Amendment of certain section of code of civil precedure. Section twenty-three hundred and eighty-two of the code of civil procedure is hereby amended to read as follows: § 2382. Where a party dies after making a submission either as prescribed in this title or otherwise, if ing the entry of a judgment upon the award, the the submission contains a stipulation, authorizaward may be confirmed, vacated, modified, or corrected, upon the application of, or upon notice to, his executor or administrator, or a temporary administrator of his estate; or, where it relates to real property, his heir or devisee, who has succeeded to his interest in the real property. Where a committee of the property, or of the person, of a party to a submission is appointed, the award may be confirmed, vacated, modified, or corrected, upon the application of, or notice to, a committee of the property; but not otherof the court may make an order, extending the wise. In a case specified in this section, a judge time within which notice of a motion to vacate, modify, or correct the award must be served. Upon confirming an award, where a party has died since it was filed or delivered, the court must enter judgment in the name of the original party; and the proceedings thereupon are the same, as where a party dies after a verdict. ARTICLE 4 Time of Taking Effect Section 10. Time of taking effect. § 10. Time of taking effect. This act shall take effect immediately. CIVIL RIGHTS LAW L. 1909, CH. 14. (Sections transferred from code civ. proc., by L. 1920, ch. 924, only are given here.) ARTICLE 6 and certificate presented therewith, that the petition is true, and that there is no reasonable (Article added by L. 1920, ch. 924, in effect objection to the change of name proposed, and Apr. 15, 1921) Change of Name Section 60. Petition for change of name. 61. Contents. 62. Notice. 63. Order. 64. Effect. CHANGE OF NAME § 60. Petition for change of name. A petition for leave to assume another name may be made by a resident of the state to the county court of the county in which he resides, or, if he resides in the city of New York, either to the supreme court, or to the city court of New York. The petition of an infant shall be made by his general guardian, or by the guardian of his person, or by his next friend. (Added by L. 1920, ch. 924, in effect Apr. 15, 1920.) Derivation.-Code civ. proc, § 2410, without change. § 61. Contents. The petition must be in writing, signed by the petitioner and verified in like manner as a pleading in a court of record, and must specify the grounds of the application, the name, age and residence of the individual whose name is proposed to be changed and the name which he proposes to assume. (Added by L. 1920, ch. 924, in effect Apr. 15, 1920.) Derivation.-Code civ. proc., § 2412, without change. § 62. Notice. if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted to be filed within ten days thereafter in the clerk's office of the county in which the petitioner resides if he be an individual, or in the office of the clerk of the city court of New York if the order be made by that court. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once. (Added by L. 1920, ch. 924, in effect Apr. 15, 1921.) Derivation.-Code civ. proc., § 2414, without change. § 64. Effect. If the order shall be fully complied with, order, an affidavit of the publication thereof and within forty days after the making of the shall be filed and recorded in the office in which the order is entered, and in each office in which certified copies thereof are required to be filed, day specified for that purpose in the order, be if any, the petitioner shall, on and after the known by the name which is thereby authorized to be assumed, and by no other name. (Added by L. 1920, ch. 924, in effect Apr. 15, 1921.) Derivation.-Code civ. proc., § 2415, without change. ARTICLE 7 Apr. 15, 1921) Miscellaneous Rights and Immunities Section 70. Vexatious suits. If the petition be to change the name of an infant, and is made by the infant's next friend, notice of the time and place when and where the petition will be presented must be served upon the father, of if he is dead or cannot be (Article added by L. 1920, ch. 924, in effect found, upon the mother, or if both are dead or cannot be found, upon the general guardian or guardian of the person of the infant, in like manner as a notice of a motion upon an attorney in an action, unless it appears to the satisfaction of the court that the infant has no father or mother, or that both reside without the state or cannot be found, and that he has no guardian residing within this state, in which case the court may dispense with notice or require notice to be given to such persons and in such manner as the court thinks proper. (Added by L. 1920, ch. 924, in effect Apr. 15, 1921.) Derivation.-Code civ. proc., § 2413, without change. § 63. Order. If the court to which the petition is presented is satisfied thereby, or by the affidavit 71. Damages in action for suing in name of another. 72. Term of imprisonment of civil prisoner. § 70. Vexatious suits. If a person vexatiously or maliciously, in the name of another but without the latter's consent, or in the name of an unknown person, commences or continues, or causes to be commenced or continued, an action or special proceeding, in a court, of record or not of record, or a special proceeding before a judge or a justice of the peace; or takes, or causes to be taken, any proceeding, in the course of an action or special proceeding in such a court, or |