option of the sation. compensation claimed shall not exceed 50%., the same shall be settled by two justices (m). Compensa- XXIII. If the compensation claimed or offered in any tion exceedsuch case shall exceed 507., and if the party claiming coming 501. to be settled by pensation desire to have the same settled by arbitration, and arbitration signify such desire by notice in writing to the promoters of or jury at the the undertaking before they have issued their warrant to the party claim- sheriff to summon a jury in respect of such lands under the ing compen- 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 make 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 herein-after provided. Method of proceeding for settling disputes as tion by justices. XXIV. It shall be lawful for any justice upon the application of either party, with respect to any question of disputed compensation by this or the special Act, or any Act incorto compensa- porated therewith, authorized to be settled by two justices, to summon the other party to appear before two justices, at a time and place to be named in the summons; and upon the appearance of such partics, or in the absence of any of them, upon proof of due service of the summons, 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. XXV. When any question of disputed compensation by this Appointment of arbitrator or the special Act, or any Act incorporated therewith, authowhen ques- rized or required to be settled by arbitration, shall have arisen, tions are to then, unless both parties shall concur in the appointment of a be determined by single arbitrator, each party, on the request of the other party, arbitration. shall nominate and appoint an 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 (m) An adjudication of a sum below 501., under this section, is an order within 11 & 12 Vict. c. 43, and is bad if founded on a complaint made more than six months after cause of complaint, in 3 Edmondsor, 17 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 after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation; and if for the space of fourteen days after any such dispute shall have arisen, and 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 arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure the party making the request, and having himself appointed an arbitrator, may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final. XXVI. If, before the matters so referred shall be determined, any arbitrator appointed by either party die, or 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. Vacancy of arbitrator to be supplied. XXVII. Where more than one arbitrator shall have been Appointment appointed such arbitrators shall, before they enter upon the of umpire. 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 appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. XXVIII. If in either of the cases aforesaid the said arbi- Board of trators shall refuse, or shall, for seven days after request of Trade emeither party to such arbitration, neglect to appoint an umpire, appoint an powered to umpire on neglect of the arbitra tors, in case of railway companies. In case of death of single arbitrator the matter to be gin de novo. If either arbitrator refuse to act, the other to proceed ex parte. If arbitrators fail to make their award within twen ty-one days, the matter to go to the umpire. Power of ar bitrators to call for books, &c. Arbitrator or umpire to the Board of Trade, in any case in which a railway company shall be one party to the arbitration, and two justices in any other case, shall, on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this or the special Act, shall be final (n). XXIX. 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. XXX. If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse or for seven days neglect (o) 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. XXXI. 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 (p) (if any) as shall have been appointed for that purpose by both such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. XXXII. The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath and administer the oaths necessary for that purpose. XXXIII. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him, he shall in (n) See in re Bradshaw, 17 L. J. (N. S.) Q. B. 362. (0) As to what constitutes neglect see Willoughby v. Willoughby, 9 Q. B. 923. (p) The award of the umpire may be made at any time before the expiration of three months from the date of his appointment; In re Bradshaw, 17 L. J. (N. S.) Q. B. 362. See Caledonian Railway Company V. Lockhart, 6 Jur. (N. S.) 1311, H. L. the presence of a justice make and subscribe the following de- make a declaration; that is to say, "I A. B. do solemnly and sincerely declare, That I will "Made and subscribed in the presence of claration. borne. XXXIV. All the costs of any such arbitration, and incident Costs of arthereto, to be settled by the arbitrators (a), shall be borne by bitration how the promoters of the undertaking, unless the arbitrators shall to be 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. XXXV. The arbitrators shall deliver their award in writing Award to be to the promoters of the undertaking, and the said promoters delivered to the promoters shall retain the same, and shall forthwith, on demand, at their of the underown expense, furnish a copy thereof to the other party to the taking. 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. XXXVI. The submission to any such arbitration may be Submission made a rule of any of the superior courts, on the application of may be made either of the parties. a rule of court. XXXVII. No award made with respect to any question re- Award not ferred to arbitration under the provisions of this or the spe- void through cial Act shall be set aside for irregul rity or error in matter of error in form (b). (a) Or by the umpire: Gould v. Staffordshire Potteries Waterworks Company, 5 Ex. 214. Costs may be ascertained by a subsequent instrument: Gould v. Staffordshire Potteries Waterworks Company, supra; and see Quick v. London and North-Western Railway Company, 18 L. J. (N. S.) Q. B. 80. See R. v. Byrom, 17 Q. B. 969; Martin v. Leicester Waterworks (b) The arbitrator seems only to form. Promoters of the undertaking to give notice before sum moning a jury. Warrant for summoning jury to be addressed to the sheriff. Provisions ply to coroner. XXXVIII. Before the promoters of the undertaking shall issue their warrant for summoning a jury for settling any case of disputed compensation, they shall give not less than ten days' notice to the other party of their intention to cause such jury to be summoned, and in such notice the promoters of the undertaking shall state what sum of money they are willing to give for the interest in such lands sought to be purchased by them from such party, and for the damage to be sustained by him by the execution of the works. XXXIX. In every case in which any such question of disputed compensation shall be required to be determined by the verdict of a jury, the promoters of the undertaking shall issue their warrant to the sheriff, requiring him to summon a jury for that purpose, and such warrant shall be under the common seal of the promoters of the undertaking, if they be a corpora tion, or if they be not a corporation under the hands and seals of such promoters or any two of them; and if such sheriff be interested in the matter in dispute such application shall be made to some coroner of the county in which the lands in question, or some part thereof, shall be situate; and if all the coroners of such county be so interested, such application may be made to some person having filled the office of sheriff or coroner in such county, and who shall then be living there and who shall not be interested in the matter in dispute, and with respect to the persons last-mentioned preference shall be given to one who shall have most recently served either of the said offices; and every ex-sheriff, coroner, or ex-coroner shall have power, if he think fit, to appoint a deputy or assessor. XL. Throughout the enactments contained in this Act reapplicable to lating to the reference to a jury, where the term "sheriff" is sheriff to ap- used the provisions applicable thereto shall be held to applyto every coroner or other person lawfully acting in his place; and in every case in which any such warrant shall have been directed to any other person than the sheriff, such sheriff' shall immediately on receiving notice of the delivery of the warrant deliver over, on application for that purpose, to the person to whom the same shall have been directed, or to any person ap Western Railway Company, 23 L. J. (N. S.) Q. B. 185. Nor has he authority to decide on collateral matters; Byles, J., Ipswich Dock Company, 25 L. J. (N. §.), Ex. 53. As to ejectment to try validity of award, see North Staffordshire Railway Company v. Landor, 2 Ex. 235. See In re Bradshaw, 12 Q. B. 526, and In re Ware and (c) See bill to restrain company from proceeding on notice after expiration of compulsory powers, Hedges v. Metropolitan Railway Company, 6 Jur.(N. S.), 1275, Ch. ; 28 Beav. 109. |