Miscellaneous. (30.) The arbitrator may call for the production of any documents in the possession or power of the local authority, or of any party making any claim under the provisions of Part I. of this Act, which such arbitrator may think necessary for determining any question or matter to be determined by him under Part I. of this Act, and may examine any such party and his witnesses, and the witnesses for the local authority, on oath, and administer the oaths necessary for that purpose. (31.) If any arbitrator appointed in pursuance of Part I. of this Act die, or refuse, decline, or become incapable to act, the confirming authority may appoint an arbitrator in his place, who shall have the same powers and authorities as the arbitrator first appointed; and upon the appointment of any arbitrator in the place of an arbitrator dying, or refusing, declining, or becoming incapable to act, all the documents relating to the matter of the arbitration which were in the possession of such arbitrator shall be delivered to the arbitrator appointed in his place, and the local authority shall publish notice of such appointment in the London Gazette. (32.) All notices required by this schedule to be published shall be published in some one and the same newspaper circulating within the jurisdiction of the local authority, and where no other form of service is prescribed all notices required to be served or given by the local authority under this schedule or otherwise upon any persons interested in or entitled to sell lands shall be served in manner in which notices of lands proposed to be taken compulsorily for the purpose of an improvement scheme are directed by Part I. of this Act to be served upon owners or reputed owners, lessees or reputed lessees, and occupiers. 53 & 54 VICT. c. 70. COAL MINES REGULATION ACT, 1887. 50 & 51 VICT. c. 58. S. 47. With respect to arbitrations under this Act, the following provi- 50 & 51 VICT. sions shall have effect: (1.) The parties to the arbitration are in this section deemed to be the owner, agent or manager of the mine on the one hand, and the inspector of mines (on behalf of the Secretary of State) on the other. (2.) Each of the parties to the arbitration may, within fourteen days after the date of the reference, appoint an arbitrator. (3.) No person shall act as arbitrator or umpire under this Act who is employed in, or in the management of, or is interested in the mine to which the arbitration relates. (4.) The appointment of an arbitrator under this section shall be in writing, and notice of the appointment shall be forthwith sent to the other party to the arbitration, and shall not be revoked without the consent of that party. (5.) The death, removal or other change in any of the parties to the arbitration shall not affect the proceedings under this section. (6.) If within the said fourteen days either of the parties fail to appoint an arbitrator, the arbitrator appointed by the other party may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final. (7.) If before an award has been made any arbitrator appointed by either party dies, or becomes incapable to act, or for seven days refuses or neglects to act, the party by whom such arbitrator was appointed may appoint some other person to act in his place; and if he fails to do so within seven days after notice in writing from the other party for that purpose, the remaining arbitrator may proceed to hear and determine the matter in difference, and in that case the award of the single arbitrator shall be final. (8.) In either of the foregoing cases, where an arbitrator is empowered to act singly on one of the parties failing to appoint, the party so failing c. 58. 50 & 51 VICT. c. 58. may, before the single arbitrator has actually proceeded in the arbi- (9.) If the arbitrators fail to make their award within twenty-one days (11.) If the umpire dies or becomes incapable of acting before he has made (12.) If the arbitrators refuse or fail or for seven days after the request of either party, neglect to appoint an umpire, then, on the application of either party, an umpire may be appointed by the chairman of the General or Quarter Sessions of the Peace within the jurisdiction of which the mine or any shaft of the mine is situate. (13.) The decision of every umpire on the matters referred to him shall be final. (14.) If a single arbitrator fails to make his award within twenty-one days after the day on which he was appointed the party who appointed him may appoint another arbitrator to act in his place. (15.) Arrangements shall, whenever practicable, be made for the matter in difference being heard at the same time before the arbitrators and the umpire. (16.) The arbitrators and the umpire, or any of them, may examine the parties and their witnesses on oath, and may also consult any counsel, engineer, or scientific person whom they may think it convenient to consult. (17.) The payment, if any, to be made to any arbitrator or umpire for his services shall be fixed by the Secretary of State, and together with the costs of the arbitration and award shall be paid by the parties or one of them according as the award may direct. Such costs may be taxed by a master of one of Her Majesty's Superior Courts who, on the written application of either of the parties, shall ascertain and certify the proper amount thereof. The amount, if any, payable by the Secretary of State, shall be paid as part of the expenses of inspectors under this Act. The amount, if any, payable by the owner, agent, or manager, may, in the event of non-payment, be recovered in the same manner as fines under this Act. (18.) Every person who is appointed an arbitrator under this section shall be a practical mining engineer or a person accustomed to the working of mines, and every person who is appointed an umpire under this section shall be a county court judge, a police or stipendiary magis trate, a recorder of a borough, or a registrar of a county court, but when an award has been made under this section, the arbitrator or umpire who made it shall be deemed to have been duly qualified as provided by this section. COUNTY COURTS. 51 & 52 VICT. c. 43. 51 & 52 VICT. The County Courts Act, 1888. C. 43. S. 14. No judge shall practice at the bar or as a special pleader or equity draughtsman, or be directly or indirectly concerned as a conveyancer, notary public or solicitor, or act as arbitrator or referee for any remuneration to himself, 51 & 52 VICT. c. 43. S. 104. And be it enacted, That the judge may in any case, with the consent of both parties to the action, order the same, with or without other matters within the jurisdiction of the court in dispute between such parties, Suits may be to be referred to arbitration, to such person or persons, and in such manner, settled by and on such terms as he shall think reasonable and just; and such reference arbitration. shall not be revocable by either party except by consent of the judge: and the award of the arbitrator or arbitrators or umpire shall be entered as the judgment in the action, and shall be as binding and effectual to all intents as if given by the judge: provided that the judge may, if he think fit, on application to him at the first court held after the expiration of one week after the entry of such award, set aside any such award so given as aforesaid, or may, with the consent of both parties aforesaid, revoke the reference, or order another reference to be made in the manner aforesaid. ORDER XX. COUNTY COURT RULES, 1889. At any time after an action is commenced the judge may, with the consent Arbitration by of the parties, as well in cases within the ordinary jurisdiction of the court as consent. in cases of agreement under section sixty-four of the Act make an order for a reference, under the provisions of section one hundred and four of the Act, and all the provisions in the last-mentioned section contained as to references shall apply to a reference proceeding under such an order: provided that the same fees shall be paid as would have been payable on entering judgment under a default summons, but when any reference is ordered to the registrar or other officer of the court the same hearing fee shall be paid as if the action had been tried. [Section 64 deals with actions assigned to the Queen's Bench Division and to cases where both parties agree that the judge shall have jurisdiction to try.] INDEX. ABANDONED CLAIM, not a matter in difference, 124, 268. ABATEMENT, of nuisance, award of, enforced by attachment, 588. who to carry out, 295. of cause referred, by death, no attachment on award, 588. ABORTIVE REFERENCE, effect of, 706. See CAUSE; EQUITY. ACCEPTING, money awarded, good cause against rule to set aside award, 687. by void award justifies plea of accord and satisfaction, 548. ACCIDENT, whether award set aside, when matter omitted by, 673. ACCOMMODATION WORKS. See LANDS CLAUSES CONSOLIDATION Аст. ACCORD AND SATISFACTION when a bar, award a bar, 548. ACCOUNT, MATTER OF, compulsory reference of action for, 6, 87. See COMMON LAW PROCEDURE ACT, 1854; JUDICATURE ACTS; ARBITRATION ACT, 1889. ACCOUNT STATED, award not evidence of, 555. ACCOUNTANT, whether functions ministerial, 213. when notice to be given to parties by arbitrator calling in, 209. explanation to, when called in on reference, 194. costs of, 375, 638. ACCOUNTS, referee taking, need not follow chief clerk's practice, 368. ACQUIESCENCE, in reference may bind stranger, 22. in award, may bind stranger, 558. See EVIDENCE. ACT OF PARLIAMENT, construction of, submissible, 4. ACTION, referred, submission of, and proceedings in. See CAUSE. for revocation, 154. See REVOCATION. for breach of agreement not to sue, 68. for matters referred pending reference, stayed, 46. after award made, not maintainable, 514. against arbitrator. See ARBITRATOR, 859-Personal Interests. awarding right to bring in other party's name, 424, 436. attachment on the award, not permitted together with, 594. See ATTACHMENT, 862. |