described in the book of reference deposited with the said plan, and also referred to by the said act as under. Parish of St. John, South Hackney, in the county of Middlesex. Appointment of single arbitrator to act for both parties, the promoters refusing to appoint an arbitrator. Recital: notice lands required. Dispute as to amount of compensation. Notice demanding arbitration and appointment of arbitrator. Whereas the "[ ]Railway Company" [or other promoters, as the case may be], lately gave me notice in writing that they required to take, for the purposes of their "railway" [or other undertaking, following the terms of notice], certain lands and tenements specified in the said notice, and in the underwritten schedule. And whereas a dispute arose between me and the said "[ 1 Railway Company" [or "promoters"] respecting the amount of purchase-money and compensation to be paid to me by them, for my interest [state the interest as in the previous form] in the said lands and tenements, and for the damage that might be sustained by me by reason of the execution of the works of the said "railway" [or other undertaking]; regard being to be had, not only to the lands and tenements so intended to be taken, but also to the damage, if any, to be sustained by me, by reason of the severing of the lands and tenements so intended to be taken from my other lands and tenements, or otherwise injuriously affecting such other lands and tenements by the exercise of the powers given them by the Lands Clauses Consolidation Act, 1845, or by their special act, or by any act incorporated therewith. And whereas, before they issued their warrant to the sheriff to summon a jury in respect of such lands and tenements, I served them with a notice in writing, signifying my desire to have the amount of such compensation settled by arbitration, and stated in such notice the interest in respect of which I claimed compensation, and the amount of compensation which I claimed, and requested them by such notice to appoint an arbitrator to determine such dispute, and stated in such notice the matter required to be referred to arbitration. And whereas I appointed J. H. B., of [ ], to be an arbitrator to determine such dispute, and notified such appointment to the said “ company" [or "promoters"]. And whereas the space of fourteen days has clapsed since the said dispute arose, and since the service of the aforesaid request in writing, and since the appointment by me of such arbitrator, and the notification thereof to the " company" [or "pro moters"]; and the said "company" [or "promoters"] have failed to Failure of promoters appoint an arbitrator: I now hereby, in pursuance of the provisions of to appoint. the Lands Clauses Consolidation Act, 1845, and of the acts above referred to, appoint the said J. H. B. to act on behalf both of me Appointment and of the said company, in hearing and determining the said dispute. to act for J. both parties. A. B. (1). Dated the [ Schedule. ] day of [ ], A.D. [ [Here specify the lands, as in the original appointment of the arbitrator.] of arbitrator XXIX. ] railway company or other promoters Appointment of arbitrator (m) Whereas the [the [ of the undertaking] "in consequence of my absence from the kingdom" by party dis[or "in consequence of my not having been found by them"], pro- satisfied with cured a valuation to be made under the Lands Clauses Consolidation surveyor's valuation. Act, 1845, of the compensation to be paid in respect of my estimated interest in the lands and premises described in the underwritten schedule; and have deposited the amount of such valuation, being the sum of £ [], in the Bank of England, pursuant to the provisions of the above statute: and whereas I am dissatisfied with such valuation, and have given the said [railway company or promoters] due notice in writing, requiring that the question of such compensation shall be submitted to arbitration, and calling upon them to appoint an arbitrator:-I hereby appoint O. P., of [ ], an arbitrator, to deter mine whether the said sum so deposited as aforesaid by the said [the railway company or other promoters], was a sufficient sum; or whether any, and what further sum, ought to be paid or deposited by them. The [ We, the within-named U. V. and X. Y., do hereby nominate and Appointment appoint Q. R., of [ ], to be the umpire, pursuant to the within- of umpire by contained provisions. [It is better to add “provided he will accept such indorsed on office."] As witness our hands this [ arbitrators ] day of [ ], A.D. submission. U. V. (1) See Bradley v. London and North Western Railway Company, 5 Ex. 769; ante, P. I. ch. 3, s. 7, d. 5, p. 100. (m) See 8 & 9 Vict. c. 18, ss. 58, 59, 64, 65. (n) See P. II. ch. 4, s. 4, p. 223, as to appointing an umpire. XXXI. Appointment Pursuant to the powers given to us "by an agreement of reference, of an umpire by arbitrators. made on the [ ] day of [ ]," (or "by the agreement of reference contained in the condition of two mutual bonds, made and executed on the [ [ ], by A. B., of [ ], A.D. [ ], A.D. [ ], and C. ] day of [ ], A.D. ], respectively, each to the other;" or "by an order of Nisi Prius, made on the ], in a cause in which A. B. was plaintiff, and C. D. defendant "), we, the thereby appointed arbitrators, do by these presents nominate and appoint Q. B., of [ [ ] day of [ to be the umpire, according to the provisions of the above-mentioned agreement of reference" [or "bonds of submission," or "order of Nisi Prius"], provided he be willing to accept such office. As witness our hands this [ ] day of [ ], A.D. [ O. P. ]. U. V. X. Y. XXXII. Judge's order In the High Court of Justice. Judge in Chambers. In the matter of an arbitration The Churchwardens and Over seers of the Poor of the parish Upon hearing counsel for the appellant and for the respondents [except J. T. and R. F.]; and upon reading the affidavits of the appellant and the affidavits of A. B., of C. D., and of E. F.; I do order that T. T. Esq., barrister-at-law, be appointed the umpire herein, pursuant to the Arbitration Act, 1889. Stafford, mining agent, appointed an arbitrator by and on behalf determine the amount of purchase-money and compensation to be paid by the North Staffordshire Railway Company to the said Messrs. J. H., S. B., and J. G. in respect of their interest [here state the interest as in Form XXIV.] in the lands and hereditaments specifically described in the underwritten schedule, intended to be taken by the said company for the purposes of their railway, and in respect of the damage to be sustained by them by reason of the execution of the works of their railway regard being to be had by us, not only to the value of the said lands and hereditaments so intended to be taken, but also to the damage, if any, to be sustained by the said Messrs. J. H., S. B., and J. G., by reason of the severing of the lands and hereditaments so intended to be taken from the other lands and hereditaments of the said Messrs. J. H., S. B., and J. G.; or otherwise injuriously affecting such other lands and hereditaments by the exercise of the powers of any of the acts above referred to :-do hereby, before entering upon the matters referred to us, nominate and appoint A. L. B., of [ ] in the county of Lancaster, mine agent, to be the umpire in the matter of the said arbitration, pursuant to the provisions of the Lands Clauses Consolidation Act, 1945. As witness our hands this [ ] day of G. M'D. J. H. B. XXXIV. justices or the Board of Trade under of umpire by Whereas the arbitrators appointed by the [state the name and title of Appointment the railway company, or promoters of the public undertaking] and A. B., respectively, pursuant to the Lands Clauses Consolidation Act, 1845, and the [here state the special act]; to settle and determine the amount the Lands of purchase-money and compensation to be paid by the said [railway Clauses Concompany or the promoters] to the said A. B., in respect of his interest solidation Act. [the interest should be stated as in Form XXIV., or may be specified in the schedule] in the lands and premises specifically described in the under-written schedule, intended to be taken by the said [railway company or the promoters] for the purposes of their [the undertaking], and in respect of the damages to be sustained by him by reason of the execution of the works of the said [railway or undertaking]; regard being to be had by them, not only to the lands and premises so intended to be taken, but also to the damage (if any) to be sustained by the said A. B., by reason of the severing of the lands and premises so intended to be taken from the other lands and premises of the said A. B., or otherwise injuriously affecting such other lands and premises by the exercise of any of the powers of the said acts; "have refused" [or "have for seven days after request from the said (the promoters or the landowner, as the case may be) neglected"] to appoint an umpire, and whereas application has been made by the said [the promoters or the landowner, as the case may be]* unto us, O. P. and Q. R., two of her Majesty's justices of the peace in and for the county of [county in which the lands are situated], assembled and acting together, and not being interested in the matter, to appoint an umpire:-we, the said O. P. and Q. R., being such justices as aforesaid, and so assembled and acting together, and not being interested in the matter, do hereby appoint [in the case of a railway company, where the appointment is to be by the Board of Trade (o), substitute for the sentence after the asterisk, “to the Board of Trade to appoint an umpire, the said Board do hereby appoint"] S. T., of [ ], to be the umpire to determine the matter of the said arbitration, pursuant to the provisions of the Lands Clauses Consolidation Act, 1845. [Or signature of secretary or other appointed officer of the Board of Trade.] Schedule. [Here specifically describe the lands, &c.] Appointment by the two arbitrators of a third arbitrator. XXXV. [Commence as in Forms XXXI. or XXXIII.]—do by this memorandum in writing under our hands, made before we have entered upon the consideration of the matters referred, nominate and appoint Q. R., of [ ], to be the third arbitrator to act with us in the consideration and determination of the same, according to the provisions of the "above-mentioned" [or "within-contained "]"agreement of reference," [or "bonds of submission," or "order of Nisi Prius "(p). Notice to the company of appointment of arbitrator by the claimants. To the D concern. XXXVI. Waterworks Company, and all others whom it may We, the undersigned C. P., E. P., and J. G. P., of [ ], in the county of [ ], paper makers and stainers, send greeting. Whereas we the said C. P., E. P., and J. G. P. are, and from the time of the execution of the works by you the said company hereinafter (0) P. II. ch. 4, s. 4, d. 1, p. 225. (p) See P. II. ch. 4, s. 3, p. 214, as to joint arbitrators. |