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8 VICT. САР. 18.

approbation

PURCHASE

OF LANDS OTHERWISE

THAN BY AGREEMENT.

sioners of her Majesty's Treasury of the United Kingdom of Great Britain and Ireland, or any three of them, any lands which they could not have sold without such approbation before the passing of the special act, other than such of the trealands as the company are by the powers of this or the sury. special act empowered to purchase or take compulsorily. And with respect to the purchase and taking of lands otherwise than by agreement, be it enacted as follows: 16. Where the undertaking is intended to be carried into effect by means of a capital to be subscribed by the promoters of the undertaking, the whole of the capital or Capital to be estimated sum for defraying the expenses of the under- before comtaking shall be subscribed under contract binding the pulsory parties thereto, their heirs, executors, and administrators, powers put for the payment of the several sums by them respectively subscribed, before it shall be lawful to put in force any of the powers of this or the special act, or any act incorporated therewith, in relation to the compulsory taking of land for the purposes of the undertaking.

subscribed

in force.

evidence

has been

subscribed. for railways [As to lands

in Ireland,

see 14 & 15

Vict. c. 70.]
Promoters

to give
notice of
their inten-
lands to all

tion to take

17. A certificate under the hands of two justices, certi- Certificate fying that the whole of the prescribed sum has been sub- of justices scribed, shall be sufficient evidence thereof, and on the that capital application of the promoters of the undertaking, and the production of such evidence as such justices think proper and sufficient, such justices shall grant such certificate ac cordingly. 18. When the promoters of the undertaking shall require to purchase or take any of the lands which by this or the special act, or any act incorporated therewith, they are authorized to purchase or take, they shall give notice thereof to all the parties interested in such lands, or to the parties enabled by this act to sell and convey or release the same, or such of the said parties as shall, after diligent inquiry, be known to the promoters of the undertaking, and by such notice shall demand from such parties the particulars of their estate and interest in such lands, and of the claims made by them in respect thereof; and every Notice to such notice shall state the particulars of the lands so re- culars of quired, and that the promoters of the undertaking are the lands willing to treat for the purchase thereof, and as to the com- required. pensation to be made to all parties for the damage that may be sustained by them by reason of the execution of the works.

the parties interested.

state parti

or left at

19. All notices required to be served by the promoters Notices to, of the undertaking upon the parties interested in or entitled to be served to sell any such lands shall either be served personally on personally such parties or left at their last usual place of abode, if any their places such can after diligent inquiry be found, and in case any of abode.

8 VICT.

CAP. 18.

Occupiers.

Notices to

corporations to be left at

their principal office.

If parties

fail to treat,

or disagree

as to compensation,

cannot be found after diligent inquiry, shall also be left with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands.

20. If any such party be a corporation aggregate such notice shall be left at the principal office of business of such corporation, or if no such office can after diligent inquiry be found, shall be served on some principal member, if any, of such corporation, and such notice shall also be left with the occupier of such lands, or, if there be no such occupier, shall be affixed upon some conspicuous part of such lands. 21. If, for twenty-one days after the service of such notice, any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the promoters of the undertaking in respect thereof, or if such to be settled party and the promoters of the undertaking shall not agree as to the amount of the compensation to be paid by the promoters of the undertaking for the interest in such lands belonging to such party, or which he is by this or the special act enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation.

the amount

in manner

hereinafter provided.

Disputes as

tion not exceeding 501, to be settled by two justices.

22. If no agreement be come to between the promoters to compensa of the undertaking and the owners of or parties by this act enabled to sell and convey or release any lands taken or required for or injuriously affected by the execution of the undertaking, or any interest in such lands, as to the value of such lands or of any interest therein, or as to the compensation to be made in respect thereof, and if in any such case the compensation claimed shall not exceed fifty pounds, the same shall be settled by two justices.

Compensation exceeding 501.

may be set tled by arbi

tration if

desired by

the party claiming.

23. If the compensation claimed or offered in any such case shall exceed fifty pounds, and if the party claiming compensation desire to have the same settled by arbitration, and signify such desire by notice in writing to the promoters of the undertaking, before they have issued their warrant to the sheriff to summon a jury in respect of such lands, under the provisions hereinafter contained, stating in such notice the nature of the interest in respect of which such party claims compensation, and the amount of the compensation so claimed, the same shall be so settled accordingly; but unless the party claiming compensation shall as aforesaid signify his desire to have the question of such compensation settled by arbitration, or if when the matter shall have been referred to arbitration the arbitrators or their umpire shall for three months have failed to inake their or his award, or if no final award shall be made,

the question of such compensation shall be settled by the verdict of a jury, as hereinafter provided.

8 VICT.

CAP. 18.

tion jus

mons, and

of service

In questions

of disputed

settled by

24. It shall be lawful for any justice, upon the applica. In questions tion of either party with respect to any question of dis- of disputed puted compensation by this or the special act, or any act compensaincorporated therewith, authorized to be settled by two tices may justices, to summon the other party to appear before two issue sumjustices, at a time and place to be named in the summons, upon appearand upon the appearance of such parties, or in the absence ance or proof of any of them, upon proof of due service of the summons, determine. it shall be lawful for such justices to hear and determine such question, and for that purpose to examine such parties or any of them, and their witnesses, upon oath, and the costs of every such inquiry shall be in the discretion of such justices, and they shall settle the amount thereof. 25. When any question of disputed compensation by this or the special act, or any act incorporated therewith, compensaauthorized or required to be settled by arbitration, shall tion to be have arisen, then, unless both parties shall concur in the arbitration, appointment of a single arbitrator, each party, on the each party to appoint an request of the other party, shall nominate and appoint an arbitrator. arbitrator, to whom such dispute shall be referred; and every appointment of an arbitrator shall be made on the part of the promoters of the undertaking under the hands of the said promoters or any two of them, or of their secretary or clerk, and on the part of any other party under the hand of such party, or if such party be a corporation aggregate under the common seal of such corporation; and such appointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; and Appointafter any such appointment shall have been made neither ment not to party shall have power to revoke the same without the consent of the other, nor shall the death of either party consent, operate as a revocation; and if for the space of fourteen days after any such dispute shall have arisen, ard after a request in writing, in which shall be stated the matter so required to be referred to arbitration, shall have been served by the one party on the other party to appoint an On failure arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure the party making the other may request, and having himself appointed an arbitrator, may bitrator to appoint such arbitrator to act on behalf of both parties, and act on besuch arbitrator may proceed to hear and determine the half of both. matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final.

be revoked without

of one

party, the

appoint ar

26. If, before the matters so referred shall be deter- If arbitrator mined, any arbitrator appointed by either party die, or die, &c.

8 VIOT. CAP. 18.

another may be appointed.

On failure

to do so the

other may proceed.

Arbitrators to appoint umpire.

become incapable, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place, and if, for the space of seven days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may proceed ex parte; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as aforesaid.

27. Where more than one arbitrator shall have been appointed such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him under the provisions of this or the special act, and if such umpire shall die, or become incapable to act, they shall forthwith after such death or incapacity be appointed. appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final.

If umpire die, &c.

another to

In the case

Board of

umpire on

neglect of

28. If in either of the cases aforesaid the said arbitraof railways, tors shall refuse, or shall, for seven days after request of Trade may either party to such arbitration, neglect to appoint an appoint an umpire, the Board of Trade, in any case in which a railway company shall be one party to the arbitration, and two the arbitra-justices in any other case, shall, on the application of either [Repealed party to such arbitration, appoint an umpire, and the by 46 Vict. decision of such umpire on the matters on which the arc. 15, s. 1.] bitrators shall differ, or which shall be referred to him under this or the special act, shall be final.

tors.

If single arbitrator die, the

matter to begic de

novo.

If either arbitrator refuse to act, the

other to proceed.

If arbitrators fail to

make their award with

in 21 days, umpire to decide.

29. If, when a single arbitrator shall have been appointed, such arbitrator shall die or become incapable to act before he shall have made his award, the matters referred to him shall be determined by arbitration under the provisions of this or the special act in the same manner as if such arbitrator had not been appointed

30. If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse or for seven days neglect to act, the other arbitrator may proceed ex parte, and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties.

31. If where more than one arbitrator shall have been appointed, and where neither of them shall refuse or neglect to act as aforesaid, such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been

their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid.

8 VIOT.

ΦΑΡ. 18.

Arbitrators

32. The said arbitrators or their umpire may call for the production of any documents in the possession or may call for power of either party which they or he may think neces- documents sary for determining the question in dispute, and may ister oaths. examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose.

and admin

or umpire to

33. Before any arbitrator or umpire shall enter into the Arbitrator consideration of any matters referred to him, he shall in make and the presence of a justice make and subscribe the following subscribe declaration; that is to say,

"I, A.B. do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the act [naming the special act]. "A. B.

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declaration.

"Made and subscribed in the presence of And such declaration shall be annexed to the award when Declaration made; and if any arbitrator or umpire having made such to be andeclaration shall wilfully act contrary thereto he shall be award. guilty of a misdemeanor.

nexed to

arbitration.

[As to Railways 30 & 31 Vict., c. 127, s. 37.1

34. All the costs of any such arbitration, and incident Costs of thereto, to be settled by the arbitrators, shall be borne by the promoters of the undertaking, unless the arbitrators shall award the same or a less sum than shall have been offered by the promoters of the undertaking, in which case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions.

their award

35. The arbitrators shall deliver their award in writing Arbitrators to the promoters of the undertaking, and the said pro- to deliver moters shall retain the same, and shall forthwith, on to promodemand, at their own expense, furnish a copy there- ters. of to the other party to the arbitration, and shall at all times, on demand, produce the said award, and allow the same to be inspected or examined by such party or

any person appointed by him for that purpose.

to award.

36. The submission to any such arbitration may be Submission made a rule of any of the superior courts, on the application of either of the parties.

Award not

to be set

37. No award made with respect to any question referred to arbitration under the provisions of this or the aside. special act shall be set aside for irregularity or error in

matter of form.

38. Before the promoters of the undertaking shall issue Promoters their warrant for summoning a jury for settling any case before sum. of disputed compensation they shall give not less than ten jury to give days' notice to the other party of their intention to cause notice and

moning a

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