matters referred to me under the provisions of the Act [naming the special Act]. ]." "A. B. "Made and subscribed in the presence of [ And such declaration shall be annexed to the award when made; and if any arbitrator or umpire having made such declaration shall wilfully act contrary thereto he shall be guilty of a misdemeanor. 8 & 9 VICT. c. 18. S. 34. All the costs of any such arbitration, and incident thereto, to be Costs of arbisettled by the arbitrators, shall be borne by the promoters of the undertaking, tration, how unless the arbitrators shall award the same or a less sum than shall have been to be borne. 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 (e). S. 35. The arbitrators shall deliver their award in writing to the promoters Award to be of the undertaking, and the said promoters shall retain the same, and shall delivered to forthwith, on demand, at their own expense, furnish a copy thereof to the the promoters other party to the arbitration, and shall at all times, on demand, produce the of the undersaid award, and allow the same to be inspected or examined by such party taking. or any person appointed by him for that purpose. S. 36. The submission to any such arbitration may be made a rule of any of the superior courts, on the application of either of the parties. S. 37. No award made with respect to any question referred to arbitration under the provisions of this or the special Act shall be set aside for irregularity or error in matter or form. Submission a rule of court. Award not void through error in form. Purchase money and S. 63. In estimating the purchase-money or compensation to be paid by the promoters of the undertaking, in any of the cases aforesaid, regard shall be had by the justices, arbitrators, or surveyors, as the case may be, not only compensation, to the value of the land to be purchased or taken by the promoters of the how to be undertaking, but also to the damage, if any, to be sustained by the owner estimated. of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such other lands by the exercise of the powers of this or the special Act, or any Act incorporated therewith. S. 64. When the compensation payable in respect of any lands, or any Where cominterest therein, shall have been ascertained by the valuation of a surveyor, pensation to and deposited in the bank under the provisions herein contained, by reason absent party that the owner of or party entitled to convey such lands or such interest has been detherein as aforesaid could not be found or was absent from the kingdom; if termined by a such owner or party shall be dissatisfied with such valuation it shall be surveyor, the party may lawful for him, before he shall have applied to the Court of Chancery for have the same payment or investment of the moneys so deposited under the provisions submitted to herein contained, by notice in writing to the promoters of the undertaking, arbitration. to require the question of such compensation to be submitted accordingly, in the same manner as in other cases of disputed compensation herein before authorised or required to be submitted to arbitration. S. 65. The question to be submitted to the arbitrators in the case last Question to be aforesaid shall be, whether the said sum so deposited as aforesaid by the submitted to promoters of the undertaking was a sufficient sum, or whether any and what the arbitrators. further sum ought to be paid or deposited by them. S. 66. If the arbitrators shall award that a further sum ought to be paid or deposited by the promoters of the undertaking, they shall pay or deposit, as the case may require, such further sum within fourteen days after the making of such award, or in default thereof the same may be enforced by attachment, or recovered with costs by action or suit in any of the superior courts. If further sum awarded, promoters to pay within fouror deposit same teen days. Costs of the S. 67. If the arbitrators shall determine that the sum so deposited was sufficient, the costs of and incident to such arbitration to be determined by arbitration. the arbitrators, shall be in the discretion of the arbitrators; but if the arbitrators shall determine that a further sum ought to be paid or deposited by the promoters of the undertaking, all the costs of and incident to the arbitration shall be borne by the promoters of the undertaking. (e) These costs are now to be settled by a master if either party requires it: stat. 32 & 33 Vict. c. 18, s. 1. 8 & 9 VICT. c. 18. To be settled by arbitration or jury, at the option of the party claiming compensation. Interests omitted to be purchased. Promoters of the undertaking empowered to purchase interests in chase whereof may have been omitted by mistake. S. 68. If any party shall be entitled to any compensation in respect of any lands, or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works, and for which the promoters of the undertaking shall not have made satisfaction under the provisions of this or the special Act, or any Act incorporated therewith, and if the compensation claimed in such case shall exceed the sum of fifty pounds, such party may have the same settled either by arbitration or by the verdict of a jury, as he shall think fit; and if such party desire to have the same settled by arbitration, it shall be lawful for him to give notice in writing to the promoters of the undertaking of such his desire, stating in such notice the nature of the interest in such lands in respect of which he claims compensation, and the amount of the compensation so claimed therein; and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided; or if the party so entitled as aforesaid desire to have such question of compensation settled by a jury, it shall be lawful for him to give notice in writing of such his desire to the promoters of the undertaking, stating such particulars as aforesaid, and unless the promoters of the undertaking be willing to pay the amount of compensation so claimed, and enter into a written agreement for that purpose, they shall, within twenty-one days after the receipt of such notice, issue their warrant to the sheriff to summon a jury for settling the same in the manner herein provided, and in default thereof they shall be liable to pay to the party so entitled as aforesaid the amount of compensation so claimed, and the same may be recovered by him with costs, by action in any of the superior courts. [By s. 105, amount of compensation in respect of common or waste lands, and by s. 114, as to paying off mortgages prematurely to be settled as in other cases of disputed compensation.] And with respect to interests in lands which have by mistake been omitted to be purchased, be it enacted as follows: S. 124. If, at any time after the promoters of the undertaking shall have entered upon any lands which under the provisions of this or the special Act, or any Act incorporated therewith, they were authorised to purchase, and which shall be permanently required for the purposes of the special Act, any party shall appear to be entitled to any estate, right, or interest in or charge affecting such lands which the promoters of the undertaking shall through mistake or inadvertence have failed or omitted duly to purchase or to pay lands, the pur- compensation for, then, whether the period allowed for the purchase of lands shall have expired or not, the promoters of the undertaking shall remain in the undisturbed possession of such lands, provided, within six months after notice of such estate, right, interest, or charge, in case the same shall not be disputed by the promoters of the undertaking, or in case the same shall be disputed, then within six months after the right thereto shall have been finally established by law in favour of the party claiming the same, the promoters of the undertaking shall purchase or pay compensation for the same, and shall also pay to such party, or to any other party who may establish a right thereto, full compensation for the mesne profits or interest which would have accrued to such parties respectively in respect thereof during the interval between the entry of the promoters of the undertaking thereon and the time of the payment of such purchase-money or compensation by the promoters of the undertaking, so far as such mesne profits or interest may be recoverable in law or equity; and such purchase-money or compensation shall be agreed on or awarded and paid in like manner as according to the provisions of this Act the same respectively would have been agreed on or awarded and paid in case the promoters of the undertaking had purchased such estate, right, interest, or charge before their entering upon such land, or as near thereto as circumstances will admit. How value of such lands to be estimated. S. 125. In estimating the compensation to be given for any such lastmentioned lands, or any estate or interest in the same, or for any mesne profits thereof, the jury, or arbitrators, or justices, as the case may be, shall assess the same according to what they shall find to have been the value of such lands, estate, or interest and profits, at the time such lands were entered upon by the promoters of the undertaking, and without regard to any improvements or works made in the said lands by the promoters of the undertaking, and as though the works had not been constructed. 8 & 9 VICT. c. 18. And with respect to lands acquired by the promoters of the undertaking Sale of superunder the provisions of this or the special Act, or any Act incorporated fluous land. therewith, but which shall not be required for the purposes thereof, be it enacted as follows:-- [SS. 127, 128, 129, provide that they shall be sold, and that the offer of purchase shall first be made to the owner of the land from which they were originally taken, then to the owners of adjoining lands.] S. 130. If any person entitled to such pre-emption be desirous of pur- Differences chasing any such land, and such person and the promoters of the under- as to price to taking do not agree as to the price thereof, then such price shall be ascertained be settled by by arbitration, and the costs of such arbitration shall be in the discretion of arbitration. the arbitrators. 32 & 33 VICT. c. 18. c. 18. An Act to amend the Lands Clauses Consolidation Act. [24th June, 1869.] 32 & 33 VICT. [By section 4, the Act may be cited as "The Lands Clauses Consolidation Act, 1869."] S. 1. Where in England, under the Lands Clauses Consolidation Act, 1845, or any Act incorporating the same, any question of disputed compensation is determined by arbitration, the costs of and incidental to the arbitration and award shall, if either party so requires, be taxed and settled as between the parties by any one of the taxing masters of the superior courts of law. Costs of arbitration where either party so requires to be settled by a master of superior courts. JOINT STOCK COMPANIES. 8 & 9 VICT. c. 16. An Act for consolidating in one Act certain provisions usually inserted in Acts with respect to the constitution of Companies incorporated for carrying on undertakings of a public nature (b). [8th May, 1845.] [By 8. 4, the Act may be cited as "The Companies Clauses Consolidation Act, 1845."] 8 & 9 VICT. c. 16. And with respect to the settlement of disputes by arbitration, be it enacted Arbitration. as follows: determined by arbitration. S. 128. When any dispute authorised or directed by this or the special Appointment Act, or any Act incorporated therewith, to be settled by arbitration, shall of arbitrator have arisen, then, unless both parties shall concur in the appointment of a when questions are to be single arbitrator, each party, on the request of the other party, shall by writing under his hand, nominate and appoint an arbitrator to whom such dispute shall be referred; 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 such revocation; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing 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, (b) The Companies Clauses Consolidation (Scotland) Act, 1845, is the 8 & 9 Vict. c. 17. 822 8 & 9 VICT. c. 16. Vacancy of arbitrator to be supplied. Appointment of umpire. Appointment on neglect of arbitrators in case of railway companies. Power of arbitrators to call for books, &c Costs in their discretion. Submission to arbitration a rule of court. 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. S. 129. If before the matters so referred shall be determined, any arbitrator appointed by either party die, or become incapable, or refuse, or for seven days neglect to act as arbitrator, 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, refusal, or disability as aforesaid. S. 130. 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; and if such umpire shall die, or refuse, or for seven days neglect to act, they shall forthwith after such death, refusal, or neglect, appoint another umpire in his place; and the decision of any such umpire on the matters so referred to him shall be final. S. 131. If in either of the cases aforesaid the said arbitrators shall refuse, or shall, for seven days after request of either party to such arbitration, neglect to appoint an umpire, it shall be lawful for the Board of Trade, if they think fit, in any case in which a railway company shall be one party to the arbitration, on the application of either party to such arbitration, to appoint an umpire; and the decision of such umpire on the matters on which the arbitrators shall differ shall be final. S. 132. 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. S. 133. Except where by this or the special Act, or any Act incorporated therewith, it shall be otherwise provided, the costs of and attending every such arbitration to be determined by the arbitrators shall be in the discretion of the arbitrators or their umpire, as the case may be. S. 134. The submission to any such arbitration may be made a rule of any of the superior courts, on the application of either of the parties. c. 45. QUARTER SESSIONS. 12 & 13 VICT. C. 45. 12 & 13 VICT. An Act to amend the procedure in Courts of General and Quarter Sessions of the Peace in England and Wales, and for the better advancement of Justice in Cases within the Jurisdiction of those Courts. Reference after notice of appeal to Quarter Sessions by judge's order on consent. [28th July, 1849.] S. 12. And whereas, by a statute passed in the 10th year of King William III., intituled "An Act for determining differences by Arbitration," provision was made for rendering more effectual the awards of arbitrators in the case of controversies and disputes for which there is no other remedy but by personal action, or by suit in equity: and whereas it is expedient in like manner to facilitate and render more effectual references to arbitration of controversies and disputes for which the remedy is by appeal to a Court of General or Quarter Sessions of the Peace: Be it enacted, that at any time after notice given of appeal to any Court of General or Quarter Sessions of the Peace, against any order, rule, or other matter (except a summary conviction or an c. 45. order in bastardy, or any proceeding under or by virtue of any of the 12 & 13 VICT. statutes relating to her Majesty's revenue of excise or customs, stamps, taxes, or post-office), for which the remedy is by such appeal; it shall be lawful for the parties by themselves or their attorneys, and by order of a judge of her Majesty's Court of Queen's Bench, to submit the matter or matters of such appeal to the award or umpirage of any person or persons, and to agree that such submission should be made a rule of the said Court of Queen's Bench, and to insert such agreement in their submission, or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of such person or persons; and thereupon such and the like proceedings in all respects shall and may be taken with regard to submissions under this Act, and to enforcing awards or umpirages thereupon, and to setting aside the same as are authorised by the said Act of King William III., with regard to the cases therein provided for; and every award or umpirage duly made under this Act shall be as binding and effectual to all intents as if the same had been a regular judgment of the said Court of General or Quarter Sessions, and shall and may, on the application of either party, be enrolled among the records of the said Court of Sessions. S. 13. And be it enacted, That it shall be lawful for any Court of General Reference by or Quarter Sessions of the Peace before which any appeal (except against a summary conviction, or an order in bastardy, or any proceeding under or by virtue of any of the statutes relating to her Majesty's revenue of excise or customs, stamps, taxes, or post-office) shall be brought, to order, with consent of the parties or their attorneys, that the matter or matters of such appeal be referred to arbitration to such person or persons, and in such manner and on such terms as the said court shall think reasonable and proper; and the award of the arbitrator or arbitrators, or umpirage of the umpire, may, on motion by either party at the sessions next or next but one after such award or umpirage shall have been finally made and published, or after the decision of the Court of Queen's Bench on any motion for setting aside the same, be entered as the judgment of the Court of General or Quarter Sessions in the appeal, and shall be as binding and effectual to all intents as if given by the said court: Provided always, that the Court of Queen's Bench may, if it think fit, on application within the term next after the making and publication of such award or umpirage, either refer the case back again to the said arbitrator, arbitrators, or umpire, or wholly set aside the award or umpirage already made, and may in the latter event order the Court of General or Quarter Sessions to enter continuances and hear the appeal. order of Court of Sessions. S. 14. And be it enacted, That if upon any reference to arbitration under Where refethis Act it shall be made to appear to the Court of Queen's Bench that either rence abortive, from the death of the arbitrator or arbitrators or umpire, or from any other Queen's Bench cause, it has been impossible that an award or umpirage can be made, it shall Sessions to be lawful for the said court to order the Court of General or Quarter Sessions hear appeal. of the Peace to enter continuances and hear the appeal. may order S. 15. And be it enacted, That the several provisions relating to arbitra- 3 & 4 Will. 4, tions contained in an Act of the fourth year of King William IV., intituled, c. 42, to be "An Act for the further Amendment of the Law, and the better Advance- applicable to ment of Justice," shall be deemed and taken to be applicable to arbitrations references under this Act; and in every such arbitration, the arbitrator or arbitrators or umpire shall have the same powers of amendment which the Court of General or Quarter Sessions of the Peace would have had on the trial of the appeal. under this Act. Arbitrators to have power of amendment. |