2. Any two or more railway companies, whether already or hereafter incorporated (in this Act called "the companies "), from time to time, by writing under their respective common seals, may agree to refer and may refer to arbitration, in accordance with this Act, any then existing or future differences, questions or other matters whatsoever in which they then are or thereafter shall be mutually interested, and which they might lawfully settle or dispose of by agreement between themselves, and may delegate to the person or persons to whom the reference is made any power to determine all or any of the terms of any contract to be made between the companies which the directors of the companies respectively might lawfully delegate to any committees of themselves respectively. Power for panies to railway com. iefer matters to arbitration. or revoke agreements 3. The companies jointly, but not otherwise, from time to Power to alter time, by writing under their respective common seals, may add to, alter or revoke any agreement for reference in accordance with this Act theretofore entered into between the companies, or any of the terms, conditions or stipulations thereof. to be carried into effect. 4. Every reference or agreement in accordance with this Agreements Act, except so far as it is from time to time revoked or modified in accordance with this Act, shall bind the companies, and may and shall be carried into full effect. 5. Where the companies agree, the reference shall be made Reference to to a single arbitrator. a single arbitrator. Reference to 6. Except where the companies agree that the reference shall be made to a single arbitrator, the reference shall be made as two or more follows; to wit, Where there are two companies, the reference shall be made to two arbitrators: Where there are three or more companies, the reference shall be made to so many arbitrators as there are companies. 7. Where there are two or more arbitrators, every company shall by writing under their common seal appoint one of the arbitrators, and shall give notice in writing thereof to the other company or companies. arbitrators. Appointment of arbitrators by companies. 8. Where there are to be two or more arbitrators, if any of Appointment the companies fail to appoint an arbitrator within fourteen of arbitrators by Board of Trade. Appointment to supply vacancies. days after being thereunto requested in writing by the other company, or by the other companies or any of them, then, on the application of the companies or any of them, the Board of Trade, instead of the company so failing to appoint an arbitrator, may appoint an arbitrator; and the arbitrator so appointed shall for the purposes of this Act be deemed to be appointed by the company so failing. 9. When the reference is made to two or more arbitrators, if of arbitrators before the matters referred to them are determined any arbiby companies trator dies, or becomes incapable or unfit, or for seven consecutive days fails to act as arbitrator, the company by which he was appointed shall by writing under their common seal appoint an arbitrator in his place. Appointment of arbitrators by Board of Trade to supply vacancies. Appointment of arbitrator 10. Where the company by which an arbitrator ought to be appointed in the place of the arbitrator so deceased, incapable, unfit, or failing to act, fail to make the appointment within fourteen days after being thereunto requested in writing by the other company, or by the other companies or any of them, then, on the application of the companies or any of them, the Board of Trade may appoint an arbitrator; and the arbitrator so appointed by the Board of Trade shall, for the purposes of this Act, be deemed to be appointed by the company so failing. 11. When any appointment of an arbitrator is made, the not revocable. company making the appointment shall have no power to revoke the appointment, without the previous consent in writing of the other company or every other company in writing under their common seal. Appointment of umpire by arbitrators. Appointment Appointment of umpire by 12. Where two or more arbitrators are appointed, they shall, before entering on the business of the reference, appoint by writing under their hands an impartial and qualified person to be their umpire. 13. If the arbitrators do not appoint an umpire within seven days after the reference is made to the arbitrators, then, on the application of the companies, or any of them, the Board of Trade may appoint an umpire; and the umpire so appointed shall, for the purposes of this Act, be deemed to be appointed by the arbitrators. 14. Where two or more arbitrators are appointed, if before vacancy. the matters referred to them are determined their umpire dies, arbitrators to supply or becomes incapable or unfit, or for seven consecutive days fails to act as umpire, the arbitrators shall, by writing under their hands, appoint an impartial and qualified person to be their umpire in his place. Board of 15. If the arbitrators fail to appoint an umpire within seven Appointment days after notice in writing to them of the decease, incapacity, of umpire by unfitness, or failure to act of their umpire, then, on the appli- Trade to cation of the companies, or any of them, the Board of Trade supply may appoint an umpire; and the umpire so appointed shall, for the purposes of this Act, be deemed to be appointed by the arbitrators so failing. vacancy. arbitrators 16. Every arbitrator appointed in the place of a preceding Succeeding arbitrator, and every umpire appointed in the place of a pre- and umpires ceding umpire, shall respectively have the like powers and to have authorities as his respective predecessor. powers of predecessors. Reference to 17. Where there are two or more arbitrators, if they do not within such a time as the companies agree on, or failing such umpire. agreement, within thirty days next after the reference is made to the arbitrators, agree on their award thereon, then the matters referred to them, or such of those matters as are not then determined, shall stand referred to their umpire. arbitrators, books, &c. and oath. 18. The arbitrator, and the arbitrators, and the umpire Power for respectively may call for the production of any documents or evidence in the possession or power of the companies respectively, or which they respectively can produce, and which the arbitrator, or the arbitrators, or the umpire shall think necessary for determining the matters referred, and may examine the witnesses of the companies respectively on oath, and may administer the requisite oath; and in Scotland may grant diligence for the recovery of the documents or evidence, and for citing witnesses, and on application to the lord ordinary he may issue letters of supplement or other necessary writs in support of the diligence. in the arbitration. 19. Except where and as the companies otherwise agree, the Procedure arbitrator, and the arbitrators, and the umpire respectively may proceed in the business of the reference in such manner as he and they respectively shall think fit. Arbitration companies. 20. The arbitrator, and the arbitrators, and the umpire in absence of respectively may proceed in the absence of all or any of the companies in every case in which, after giving notice in that behalf to the companies respectively, the arbitrator, or the arbitrators, or the umpire shall think fit so to proceed. Several awards may be made. Awards made Power for umpire to for making 21. The arbitrator, and the arbitrators, and the umpire respectively may, if he and they respectively think fit, make several awards, each on part of the matters referred, instead of one award on all the matters referred; and every such award on part of the matters shall for such time as shall be stated in the award, the same being such as shall have been specified in the agreement for arbitration, or in the event of no time having been so specified, for any time which the arbitrator may be legally entitled to fix, be binding as to all the matters to which it extends, and as if the matters awarded on were all the matters referred, and that notwithstanding the other matters or any of them be not then or thereafter awarded on. 22. The award of the arbitrator, or of the arbitrators, or of the umpire, if made in writing under his or their respective hand or hands, and ready to be delivered to the companies within such a time as the companies agree on, or, failing such agreement, within thirty days next after the matters in difference are referred to (as the case may be) the arbitrator, or the arbitrators, or the umpire, shall be binding and conclusive. on all the companies. 23. Provided always, that (except where and as the comextend period panies otherwise agree), the umpire, from time to time by writing under his hand, may extend the period within which his award is to be made; and if it be made and ready to be delivered within the extended time, it shall be as valid and effectual as if made within the prescribed period. his award. Awards not to be set aside for informality. Awards to be obeyed. 24. No award made on any arbitration in accordance with this Act shall be set aside for any irregularity or informality. 25. Except only so far as the companies bound by any award in accordance with this Act from time to time otherwise agree, all things by every award in accordance with this Act lawfully required to be done, omitted, or suffered, shall be done, omitted, or suffered accordingly. arbitrations 26. Full effect shall be given by all the superior courts of law Agreements, and equity in the United Kingdom, according to their respective and awards to jurisdiction, and by the companies respectively and otherwise, have effect. to all agreements, references, arbitrations and awards in accordance with this Act; and the performance or observance thereof may, where the courts think fit, be compelled by distress infinite on the property of the companies respectively, or by any other process against the companies respectively or their respective property, that the courts or any judge thereof shall direct [and where requisite frame for the purpose] (a). and award. 27. Except where and as the companies otherwise agree, Costs of the costs of and attending the arbitration and the award arbitration shall be in the discretion of the arbitrator, and the arbitrators, and the umpire respectively. of costs. 28. Except where and as the companies otherwise agree, and Payment if and so far as the award does not otherwise determine, the costs of and attending the arbitration and the award shall be borne and paid by the companies in equal shares, and in other respects the companies shall bear their own respective costs. 29. The submission to any arbitration in accordance with this Act may at any time be made a rule of any of Her Majesty's Superior Courts of Record at Westminster, or, as the case may be, at Dublin, on the application of any party interested; and the court may remit the matter to the arbitrator, or to the arbitrators, or to the umpire, with any directions the court. think fit. Submission to arbitration to be made a rule of court. 38 & 39 VICT. c. 55, ss. 179–181. The Public Health Act, 1875. reference to arbitration. 179. In case of dispute as to the amount of any compensation Mode of to be made under the provisions of this Act (except where the mode of determining the same is specially provided for), and in case of any matter which by this Act is authorized or directed to be settled by arbitration, then, unless both parties concur in (a) The words in brackets are repealed by 44 & 45 Vict. c. 59. |