with the inquiry into [or trial of] the matters referred to me as special referee by the order of Mr. Justice 19-. made 19. And I require all persons concerned to attend before me accordingly. No. LXXI. [Referee.] I, X. Y., of &c., to whom as special referee it was by an order made by Mr. Justice of herein dated the day -, 19-, referred to try the following issues of fact, viz., [state them], now I having tried the same accordingly, beg to report to the court that I find as follows: [state findings]. Dated the day of 19--. No. LXXII. X. Y. Notice of Motion to vary or remit Report on further Consideration. [Formal parts as in No. LXXIV.] Take notice that the court will be moved when the further consideration of this cause comes on, that the report of herein may be varied by [state how] [or remitted to the said for reconsideration in the following respects, viz. :-] No. LXXIII. Notice of Motion to adopt, &c., Report, when further Consideration not adjourned. [Formal parts as in No. LXXIV.] Take notice, that the court will be moved on day of day, the 19-, or so soon thereafter as counsel can be heard, by counsel on behalf of the plaintiff, that the Notice of Motion for remitting Report when Cause tried. noon], or so soon thereafter as counsel can be heard, by counsel on behalf of the plaintiff, that the report of an official referee, made herein, dated the Esquire, day of and the judgment directed to be entered in this cause may be set aside, and that the cause may be remitted to the said referee for reconsideration, on the grounds that [state grounds], or" that the judgment directed to be entered herein for the defendant may be set aside, and that judgment may be entered for the plaintiff for [state the judgment sought], on the ground that the judgment directed to be entered is wrong by reason that "[state the ground]. PART II. STATUTES. Compensation exceeding 501. to be settled by arbitration or jury, at the option of the party claiming com pensation. Method of proceeding for settling disputes as to compensation by justices. 8 & 9 VICT. C. 18, ss. 23-37. An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature. 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 umpires 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 hereinafter provided. 24. 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 incorporated 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 parties, 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. when ques tions are to be determined by arbitra tion. 25. When any question of disputed compensation by this or Appointment the special Act, or any Act incorporated therewith, authorized of arbitrator or required to be settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbitrator, each party, on the request of the other party, 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 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. 26. If, before the matters so referred shall be determined, any arbitrator appointed by either party die, or become Vacancy of arbitrator to be supplied. Appointment/ of umpire Board of powered to case of railway companies. In case of death of single arbitrator the matter to begin de novo. If either arbitrator refuse to act, the other to pro ceed ex parte. 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 appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 28. 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, 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] (a) 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. 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 (a) The words in brackets are repealed by 46 & 47 Vict. c. 15, and see 37 & 38 Vict. c. 40, s. 6. |