Sec. 47-28. Admissibility of award of arbitrators as evidence.
Sec. 47-28. Admissibility of award of arbitrators as evidence. No award of arbitrators, made since May 20, 1841, purporting to decide the title to real estate, shall be
admissible as evidence thereof, unless the submission of the parties to such arbitration
is executed, attested and acknowledged as deeds of lands, nor unless such award is in
writing and under the hands and seals of the arbitrators; and such submission and award
shall not be effectual against any persons but the parties to the same and their heirs,
unless recorded by the town clerk of the town where such estate is situated.
(1949 Rev., S. 7117.)
If submission is not executed as provided in this section, award cannot pass title. 32 C. 115. Relocation of old boundary
not within this section. 87 C. 684. Cited. 181 C. 449. Parties' failure to comply with requirements of section by recording
their agreement to arbitrate land dispute and subsequent arbitration award in town clerk's office did not deprive arbitrator
and trial court of subject matter jurisdiction over case. Section's terms are not jurisdictional in nature as between parties
to the initial dispute, and failure to record or follow directives of Sec. 47-5 affects the award only as it relates to third
parties. 276 C. 599.