required by the Company, permit his Carriage to be weighed, measured, or gauged at the Expence of the Company.

removed.

ed, or suffered

CXIV. If the Owner of any Carriage fail to comply with the On Non-comRequisitions contained in the preceding Enactment, it shall be pliance Carlawful for the Company to refuse to allow such Carriage to be riage may be brought upon the Railway, or to remove the same therefrom, until such Compliance. CXV. If the Loading of any Carriage using the Railway be Carriages imsuch as to be liable to Collision with other Carriages properly properly load. loaded, or to be otherwise dangerous, or if the Person having the to obstruct the Care of any Carriage or Goods upon the Railway suffer the same Way, may be or any Part thereof to remain on the Railway so as to obstruct the unloaded or Passage or working thereof, it shall be lawful for the Company to removed. cause such Carriage or Goods to be unloaded and removed in any Manner proper for preventing such Collision or Obstruction, and to detain such Carriage or Goods, or any Part thereof, until the Expences occasioned by such unloading, Removal, or Detention be paid.

CXVI. The Company shall not be liable for any Damage or Company not Loss occasioned by any such unloading, Removal, or Detention as to be liable for aforesaid, except for Damage wilfully or negligently done to any Damage by Carriage or Goods so unloaded, removed, or detained; nor shall unloading, &c. they be liable for the safe Custody of any such Carriage or Goods so detained unless the same be wrongfully detained by them, and then only for so long a Time as the same shall have been so wrongfully detained.

CXVII. The respective Owners of Engines and Carriages pass- Owners liable ing or being upon the Railway shall be answerable for any for Damage by Damage done by their Engines or Carriages, or by any of the Servants. Servants or Persons employed by them, to or upon the Railway,

or the Machinery or Works belonging thereto, or to or upon the

Property of any other Person.

CXVIII. It shall be lawful for any Owner of any Engine or Owners to reCarriage who shall pay the Amount of any Damage caused by cover from Serthe Misfeasance or Negligence of any Servant or other Person vants. employed by him to recover the Amount so paid by him from such

Servant or other Person.

And with respect to the Settlement of Disputes by Arbitration, be it enacted as follows:

Arbitration.

Where Questions are to be determined by

Arbiters to be

Notice.

CXIX. When any Dispute directed by this or the special Act, or any Act incorporated therewith, to be settled by Arbitration, shall have arisen, then, unless both Parties shall concur in the Arbitration Appointment of a single Arbiter, each Party, on the Request of the other Party, shall nominate and appoint an Arbiter to whom appointed such Dispute shall be referred; and every Appointment of an within FourArbiter shall be made on the Part of the Company under the teen Days after Hand of the Secretary or any Two of the Directors of the Company, and on the Part of any other Party under the Hand of such Party, if such Party be a Company or Corporation, under the Hand of the proper Officer or Person authorized by such Company or Corporation; and such Appointment shall be delivered to the Arbiter, and shall be deemed a Submission to Arbitration on the Part of the Party by whom the same shall be made; and

after

Arbitration.

Vacancy of Arbiter to be supplied.

Appointment of Oversman.

Lord Ordinary
to appoint an
Oversman on
Neglect of
Arbiters.

In case of

Death of single
Arbiter, Mat-
ter to begin
de novo.

If either Arbiter refuse to act, &c.

If Arbiters fail to make their Award within

after any such Appointment shall have been made neither Part shall have Power to revoke the same without the Consent of th other, nor shall the Death of either Party operate as such Revoc tion; and if for the Space of Fourteen Days after any such Dispu shall have arisen, and after a Request in Writing in which sha be stated the Matters so required to be referred to Arbitratio shall have been served by the one Party on the other Party, appoint an Arbiter, such last-mentioned Party fail to appoint su Arbiter, then upon such Failure the Party making the Reques and having himself appointed an Arbiter, may appoint su Arbiter to act on behalf of both Parties; and such Arbiter ma proceed to hear and determine the Matters which shall be in di pute, and in such Case the Award or Determination of such sing Arbiter shall be final.

CXX. If before the Matters so referred shall be determine any Arbiter appointed by either Party die, or become incapab to act, the Party by whom such Arbiter was appointed ma nominate and appoint in Writing some other Person to act in h Place; and if for the Space of Seven Days after Notice in Writin from the other Party for that Purpose he fail to do so th remaining or other Arbiter may proceed ex parte; and ever Arbiter so to be substituted as aforesaid shall have the san Powers and Authorities as were vested in the former Arbiter a the Time of such his Death or Incapacity as aforesaid.

CXXI. Where more than One Arbiter shall have been a; pointed such Arbiter shall, before they enter upon the Matte so referred to them, nominate and appoint by Writing under the Hands an Oversman to decide on any such Matters on which the shall differ, or which shall be referred to them under this or th special Act; and if such Oversman shall die or become incapabi to act, they shall forthwith after such Death or Incapacity appoin another Oversman in his Place; and the Decision of every suc Oversman on the Matters on which the Arbiters shall differ shal be final.

CXXII. If in either of the Cases aforesaid the said Arbiter shall refuse, or shall for Seven Days after Request of either Party to such Arbitration neglect to appoint an Oversman, the Lor Ordinary, on the Application of either Party to such Arbitratio shall appoint an Oversman; and the Decision of such Oversma" on the Matters on which the Arbiters shall differ, or which sh be referred to them under this or the special Act, shall be final.

CXXIII. If when a single Arbiter shall have been appointed such Arbiter shall die or become incapable to act before he shal have made his Award, the Matters referred to him shall be determined by Arbitration, under the Provisions of this or the specia Act, in the same Manner as if such Arbiter had not beer appointed.

CXXIV. If where more than One Arbiter shall have been appointed either of the Arbiters refuse or for Seven Days neglect to act, the other Arbiter may proceed ex parte, and the Decision of such Arbiter shall be as effectual as if he had been the singl Arbiter by both Parties.

CXXV. If where more than One Arbiter shall have been appointed, and where neither of them shall refuse or neglect to

act

Power of Arbi

ters to call for Books, &c.

act as aforesaid, such Arbiters shall fail to make their Award Twenty-one within Twenty-one Days after the Day on which the last of such Days Matter to Arbiters shall have been appointed, or within such extended Time go to Umpire. as shall have been appointed for that Purpose by both such Arbiters, under their Hands, the Matters referred to them shall be determined by the Umpire to be appointed as aforesaid. CXXVI. The said Arbiters or their Oversman 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, and may also grant Diligence for the Recovery of such Documents, as either Party may require, or for citing Witnesses, and on Application to the Lord Ordinary Letters of Supplement, or such other Writ as may be necessary, shall be issued by the Lord Ordinary in support of such Diligence.

Arbiters.

CXXVII. Except where by this or the special Act, or any Act Expences to be incorporated therewith, it shall be otherwise provided, the Ex- in the Discrepences of and attending every such Arbitration, to be determined tion of the by the Arbiters, including the Expence of recording the Decreet Arbitral or Award in the Books of Council and Session, and of furnishing Extracts thereof from the said Books, shall be in the Discretion of the Arbiters or the Oversman, as the Case may be. CXXVIII. The Arbiters or Oversman, as the Case may be, Awards to be shall make the Decreet Arbitral or Award in Writing, and shall in Writing, and cause the same to be recorded in the Books of Council and Ses- recorded;

sion;
and Extracts of Decreets Arbitral or Awards so recorded
shall make Faith in all Courts and Cases in like Manner as the
original Decreets Arbitral or Awards themselves, except where
the Originals are offered to be improven.

CXXIX. No Award made in 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 of Form.
CXXX. And be it enacted, That any Summons or Notice, or
any Writ or other Proceeding at Law, requiring to be served
upon the Company, may be served by the same being left at or
transmitted through the Post directed to the principal Office of
the Company, or One of their principal Offices where there shall
be more than One, or being given personally to the Secretary, or
in case there be no Secretary then by being given to any One
Director of the Company.

not to be set aside for Matter

of Form.

Service of
Notices upon
Company.

CXXXI. And be it enacted, That if any Party shall have com- Tender of mitted any Irregularity, Trespass, or other wrongful Proceeding in Amends. the Execution of this or the special Act, or any Act incorporated therewith, or by virtue of any Power or Authority thereby given, and if before Action brought in respect thereof such Party make Tender of sufficient Amends to the Party injured, such lastmentioned Party shall not recover in any such Action; and if no such Tender shall have been made it shall be lawful for the Defender, by Leave of the Court where such Action shall be pending, at any Time before the Record is closed to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defenders are allowed to pay Money into Court. Сс

8 & 9 VICT.

And

Recovery of And with respect to the Recovery of Damages not specially Damages and provided for, and to the Determination of any other Matter referred to the Sheriff or to Justices, be it enacted as follows:

Penalties.

Provision for Damages not otherwise pro

vided for.

Distress, &c. against the

Treasurer.

Method of proceeding before the Sheriff or Justices in Questions of Damages.

Publication of
Penalties

CXXXII. In all Cases where any Damages, Charges, of Expences are by this or the special Act, or any Act incorporate therewith, directed to be paid, and the Method of ascertaining the Amount or enforcing the Payment thereof is not provided for such Amount, in case of Dispute, shall be ascertained and deter mined by the Sheriff; and if the Amount so ascertained be no paid by the Company or other Party liable to pay the same within Seven Days after Demand, the Amount may be recovered by Poinding and Sale of the Goods of the Company or other Party liable as aforesaid, and the Sheriff shall, on Application issue his Warrant accordingly.

CXXXIII. If sufficient Goods of the Company cannot be found whereon to levy any such Damages, Charges, or Expences pay able by the Company, the same may, if the Amount thereof d not exceed Twenty Pounds, be recovered by Poinding and Sale of the Goods of the Treasurer of the Company, and the Sheriff, or Application, shall issue his Warrant accordingly; but no such Poinding and Sale shall be executed against the Goods of such Treasurer unless Seven Days previous Notice in Writing, stating the Amount so due, and demanding Payment thereof, have been given to such Treasurer, or left at his Residence; and if such Treasurer pay any Money under such Distress or Poinding and Sale as aforesaid he may retain the Amount so paid by him, and all Expences occasioned thereby, out of any Money belonging to the Company coming into his Custody or Control, or he may sue the Company for the same.

the

CXXXIV. Where in this or the special Act, or any Act incorporated therewith, any Question of Damages, Charges, Expences or other Matter is referred to the Determination of any Sheriff or Justices, it shall be lawful for the Sheriff or any Justice, upon Application of either Party, to order the other Party to appear before such Sheriff if the Order shall be issued by the Sheriff, or before Two Justices if the Order shall have been issued by a Justice, at a Time and Place to be named in such 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 Sheriff or such Two Justices, as the Case may be, to hear and determine such Question, and for that Purpose to examine such Parties or any of them, and their Witnesses, on Oath; and the Expences of every such Inquiry shall be in the Discretion of such Sheriff or Justices, and he or they shall determine the Amount thereof.

CXXXV. The Company shall publish the short Particulars of the several Offences for which any Penalty is imposed by this or the special Act, or any Act incorporated therewith, or by any Bye Law of the Company affecting other Persons than the Shareholders, Officers, or Servants of the Company, and of the Amount of every such Penalty, and shall cause such Particulars to be painted on a Board, or printed upon Paper and pasted thereon, and shall cause such Board to be hung up or affixed on some conspicuous Part of the principal Place of Business of the Com

pans,

Recovery of Damages and

Penalties.

pany, and where any such Penalties are of local Application shall cause such Boards to be affixed in some conspicuous Place in the immediate Neighbourhood to which such Penalties are applicable or have reference; and such Particulars shall be renewed as often as the same or any Part thereof is obliterated or destroyed; and no such Penalty shall be recoverable unless it shall have been published and kept published in the Manner herein-before required. CXXXVI. If any Person pull down or injure any Board put Penalty for up or affixed as required by this or the special Act, or any Act defacing Boards incorporated therewith, for the Purpose of publishing any Bye Law or Penalty, or shall obliterate any of the Letters or Figures thereon, he shall forfeit for every such Offence a Sum not exceeding Five Pounds, and shall defray the Expences attending the Restoration of such Board.

used for such

Publication.

the Sheriff or

Two Justices.

CXXXVII. Every Penalty or Forfeiture imposed by this or Penalties to be the special Act, or by any Bye Law made in pursuance thereof, summarily rethe Recovery of which is not otherwise provided for, may be covered before recovered by summary Proceeding before the Sheriff or Two Justices; and on Complaint being made to any Sheriff or Justice he shall issue an Order requiring the Party complained against to appear before himself if the Order be issued by a Sheriff, or before Two or more Justices if the Order be issued by a Justice, at a Time and Place to be named in such Order; and every such Order shall be served on the Party offending either in Person or by leaving the same with some Inmate at his usual Place of Abode; and upon the Appearance of the Party complained against, or in his Absence after Proof of the due Service of such Order, it shall be lawful for any Sheriff or Two Justices to proceed to the hearing of the Complaint; and upon Proof of the Offence, either by the Confession of the Party complained against, or upon the Oath of One credible Witness or more, it shall be lawful for such Sheriff or Justices to convict the Offender, and upon such Conviction to adjudge the Offender to pay the Penalty or Forfeiture incurred, as well as such Expences attending the Conviction as such Sheriff or Justices shall think fit.

CXXXVIII. If forthwith upon any such Adjudication as Penalties may aforesaid the Amount of the Penalty or Forfeiture, and of such be levied by Expences as aforesaid, be not paid, the Amount of such Penalty Poinding and and Expences shall be levied by Poinding and Sale, and such Sale. Sheriff or Justices, or either of them, shall issue his or their Warrant of Poinding and Sale accordingly.

Poinding.

CXXXIX. It shall be lawful for any such Sheriff or Justices Imprisonment to order any Offender so convicted as aforesaid to be detained and in default of kept in safe Custody until Return can be conveniently made to the sufficient Warrant of Poinding and Sale to be issued for levying such Penalty or Forfeiture and Expences, unless the Offender give sufficient Security, by way of Recognizance or otherwise, to the Satisfaction of the Sheriff or Justices, for his Appearance before him or them on the Day appointed for such Return, such Day not being more than Eight Days from the Time of taking such Security; but if before issuing such Warrant of Poinding and Sale it shall appear to the Sheriff or Justices, by the Admission of the Offender or otherwise, that no sufficient Poinding and Sale can be had within the Jurisdiction of such Sheriff or Justices whereon Ce 2

to