3. Where the award is imperfect in a matter of form not affecting the merits of the controversy, and, if it had been a referee's report, the defect could have been amended or disregarded by the court. The order may modify and correct the award so as to effect the intent thereof and promote justice between the parties. § 2376. § 1421. Notice of motion and stay. Notice of a motion Same, to vacate, modify or correct an award must be served upon the adverse party to the submission, or his attorney, within three months after the award is filed or delivered, as prescribed by law for service of notice of a motion upon an attorney in an action. For the purposes of the motion, any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award. § 1422. Costs on vacating award. Where the court vacates Same, an award, costs, not exceeding twenty-five dollars and disbursements may be awarded to the prevailing party; and the payment thereof may be enforced in like manner as the payment of costs upon a motion in an action. § 2377. § 2378. § 1423. Entry of judgment on award and costs. Upon Same, the granting of an order confirming, modifying or correcting an award, judgment may be entered in conformity therewith, as upon a referee's report in an action, except as is otherwise prescribed in this article. Costs of the application and of the proceedings subsequent thereto, not exceeding twenty-five dollars and disbursements, may be awarded by the court in its discretion. If awarded, the amount thereof must be included in the judgment. § 2379. § 1424. Judgment-roll. Immediately after entering judg- Same, ment, the clerk must attach together and file the following papers, which constitute the judgment-roll: 1. The submission; the selection or appointment, if any, of an additional arbitrator, or umpire; and each written extension of the time, if any, within which to make the award. 2. The award. 3. Each notice, affidavit or other paper used upon an application to confirm, modify or correct the award, and a copy of each order of the court upon such an application. 4. A copy of the judgment. The judgment may be docketed as if it was rendered in an action. Same, § 2380. Same, Same, § 2382. Same, § 1425. Effect of judgment and enforcement. The judg ment so entered has the same force and effect, in all respects as, and is subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered. § 1426. Appeals. An appeal may be taken from an order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action. The proceedings upon such an appeal, including the judgment thereupon and the enforcement of the judgment, are governed by the provisions of statute and rule regulating appeals in actions as far as they are applicable. § 1427. Death or incompetency of party. The death of a party to a submission, made either as prescribed in this article. or otherwise, or the appointment of a committee of the person or property of such a party, operates as a revocation of the submission, if it occurs before the award is filed or delivered; but not afterwards. Where a party dies afterwards, if the submission contains a stipulation authorizing the entry of a judgment upon the award, the award 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 is appointed after the award is filed or delivered, the award may be confirmed, vacated, modified or corrected, upon the application of, or notice to, a committee of the property, but not otherwise. In a case specified in this section, a judge of the court may make an order extending the 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. § 1428. Revocation of submission. A submission to arbitration, made either as prescribed in this article or otherwise, cannot be revoked by either party after the allegations and proofs of the parties have been closed and the matter finally submitted to the arbitrators for their decision. A revocation, when allowed, must be made by an instrument in writing signed by the revoking party or his authorized agent and delivered to the arbitrators, or one of them; and it is not necessary in any case that the instrument of revocation should be under seal. Any party to a submission may thus revoke it, whether he is a sole party to the controversy or one of two or more parties on the same side. § 2384. § 1429. Liability of revoking party. Where a party ex- Same, pressly revokes a submission, made either as prescribed in this article or otherwise, any other party to the submission may maintain an action against him and also against his sureties, if any, upon the submission, or any instrument collateral thereto, in which action the plaintiff may recover all the costs and other expenses, and all the damages, which he has incurred in preparing for the arbitration and in conducting the proceedings to the time of the revocation. Either of the arbitrators may recover, in an action against the revoking party, his reasonable fees and expenses. § 1430. Limitation of recovery against revoking party. Same. A sum, penalty, forfeiture or damages shall not be recovered for a revocation of a submission to arbitration, made either as prescribed in this article or otherwise, except as prescribed in the last section; notwithstanding any stipulated damages, penalty or forfeiture expressed in the submission or in any instrument collateral thereto. § 2385. § 2386. § 1431. Application of this article. This article does not affect Same, any right of action in affirmance, disaffirmance, or for the modification of a submission, made either as prescribed in this article or otherwise, or upon an instrument collateral thereto, or upon an award made or purporting to be made in pursuance thereof. And, except as otherwise expressly prescribed therein, this article does not affect a submission made otherwise than as prescribed therein, or any proceedings taken pursuant to such a submission, or any instrument collateral thereto. ARTICLE 84 COSTS; ALLOWANCES AND AWARDING; Section 1432. Plaintiff's costs of course. 1433. Limitation of plaintiff's costs in actions for tort or fine or penalty. 1434. Limitation *for plaintiff's costs in certain actions 1435. Limitation of plaintiff's costs in action to recover So in original. Section 1436. Limitation of plaintiff's costs by reason of bringing action in higher court. 1437. Defendant's costs of course. 1438. Defendant's costs; when discretionary. 1439. When costs are discretionary. 1440. Costs where notice of no personal claim served. 1441. Costs, where several actions are brought instead of one. 1442. Costs upon severance of action. 1443. Costs in case of transfer of cause of action. 1444. Interlocutory costs upon issue of law. 1445. Costs, where plaintiff and defendant recover upon separate issues. 1446. Costs in new action after discontinuance in inferior court upon answer of title. 1447. Costs upon new trial ordered by reason of failure to file decision on time. 1448. Discretionary motion costs. 1449. Costs on application for judgment on pleading as frivolous. 1450. Costs where scandalous matter is stricken out on motion. 1451. The foregoing sections limited. 1452. Costs upon appeal from final judgment. 1453. Costs upon appeal from interlocutory judgment or order. 1454. Costs in a special proceeding in a court of record. 1455. Costs or fees where party prosecutes or defends as poor person. 1456. Costs against the state; how paid. 1457. Costs where action brought by people on relation of private person. 1458. Costs in action or proceeding brought by people for benefit of municipality. 1459. Costs in action against a school officer or super visor. 1460. Costs in action against municipal corporation. 1461. Costs and disbursements in action against executor or administrator. 1462. Costs in action by or against executor, administrator, trustee or person authorized by statute to sue or be sued. Section 1463. Action by surety or trustee to recover costs and expenses. 1464. Certificate entitling party to costs or increased costs. 1465. Effect of article on special statute. Code of § 1432. Plaintiff's costs of course. The plaintiff is entitled Source.to costs of course, upon the rendering of a final judgment in his civil profavor, in either of the following actions: 1. An action, triable by a jury, to recover real property or an interest in real property; or in which a claim of title to real property arises upon the pleadings or is certified to have come in question upon the trial. 2. An action to recover a chattel. 3. An action where the people of the state are a party. 4. An action to recover damages for an assault, battery, false imprisonment, libel, slander, criminal conversation, seduction or malicious prosecution. 5. An action founded on the spoliation or other misappropriation of public property. 6. An action against an executor or administrator as such. 7. An action against the surviving husband and wife of a dece dent and the next of kin of an intestate, or the next of kin and legatees of a testator, to recover to the extent of the assets paid or distributed to them for a debt of the decedent upon which an action might have been maintained against the executor or administrator. 8. An action by an executor or administrator to recover damages for a wrongful act, neglect or default by which the decedent's death was caused. 9. An action against the legatees or devisees to recover a share of the property of a decedent by a subscribing witness to a will or by a child born after the making of the will. 10. An action against the heirs of an intestate or the heirs and devisees of a testator to recover for the debts of the decedent arising by simple contract or by specialty. 11. An action, other than one of those specified in the fore going subdivisions of this section, in which the complaint demands judgment for a sum of money only. cedure, § 3228, in part. § 1433. Limitation of plaintiff's costs in actions for tort Same, or fine or penalty. If, in an action to recover damages for an in part. § 3228, |