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tion.

XXIII. 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 herein-after 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 Umpire 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 herein-after provided.

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XXIV. 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.

XXV. When any Question of disputed Compensation by this or ment of Ar the special Act, or any Act incorporated therewith, authorized or when Ques- required to be settled by Arbitration, shall have arisen, then, unless tions are to be both Parties shall concur in the Appointment of a single Arbitrator, determined each Party, on the Request of the other Party, shall nominate and by Arbitra- appoint an Arbitrator, to whom such Dispute shall be referred; and 45 every Appointment of an Arbitrator shall be made on the Part of the Promoters of the Undertaking under the Hands of the said Promoters hyor 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

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appoint such Arbitrator to act on behalf of both Parties, and such Purchase of Arbitrator may proceed to hear and determine the Matters which Lands othershall be in dispute, and in such Case the Award or Determination wise than by Agreement. of such single Arbitrator shall be final.

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XXVI. If, before the Matters so referred shall be determined, any Vacancy of Arbitrator appointed by either Party die, or become incapable, the Arbitrator to Party by whom such Arbitrator was appointed may nominate and be supplied, 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. Job: 079

XXVII. Where more than One Arbitrator shall have been Appointappointed such Arbitrators shall, before they enter upon the Matters inent of referred to them, nominate and appoint, by Writing under their Umpire 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.

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XXVIII. If in either of the Cases aforesaid the said Arbitrators shall Board of refuse, or shall, for Seven Days after Request of either Party to such Trade emArbitration, neglect to appoint an Umpire, the Board of Trade, in powered to any Case in which a Railway Company shall be one Party to the Umpire on Arbitration, and Two Justices in any other Case, shall, on the Appli- Neglect of cation of either Party to such Arbitration, appoint an Umpire, and the Arbitrathe Decision of such Umpire on the Matters on which the Arbitrators tors, in case shall differ, or which shall be referred to him under this or the special Companies. of Railway Act, shall be final.

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XXIX. If, when a single Arbitrator shall have been appointed, In case of such Arbitrator shall die or become incapable to act before he shall Death of have made his Award, the Matters referred to him shall be deter single Arbimined by Arbitration under the Provisions of this or the special Act Matter to bein the same Manner as if such Arbitrator had not been appointed.

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XXX If, where more than One Arbitrator shall have been If either appointed, either of the Arbitrators refuse or for Seven Day's neglect Arbitrator to act the other Arbitrator may proceed ex parte, and the Decision refuse to act of such other Arbitrator shall be as effectual as if he had been the single Arbitrator appointed by both Parties.

the other to proceed ex parte,

XXXI. If where more than One Arbitrator shall have been If Arbi appointed, and where neither of them shall refuse or neglect to act trators fail as aforesaid, such Arbitrators shall fail to make their Award within to make their Award Twenty-one Days after the Day on which the last of such Arbitrators within shall have been appointed, or within such extended Time (if any,) as Twenty-one

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Matter to go to the

Umpire.

Power of

Arbitrators
Books, &c.

to call for

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shall have been appointed for that Purpose by both such Arbitrators under their Hands, the Matters referred to them shall be determined by the Umpire to be appointed as aforesaid.

XXXII. 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.

XXXIII. Before any Arbitrator or Umpire shall enter into the or Umpire to Consideration of any Matters referred to him, he shall in the Presence make a De- of a Justice make and subscribe the following Declaration; that is to

claration.

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Costs of
Arbitration

how to be
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Award to be

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IA.B. do solemnly and sincerely declare, That I will faithfully and honestly, and to the best of my Skill and Ability, hear and 'determine the Matters referred to me under the Provisions of the Act [naming the special Act].

Made and subscribed in the Presence of-oda

A.B.

And such Declaration shall be annexed to the Award when made;
and if any Arbitrator or
Arbitrator or Umpire having made such Declaration shall
wilfully act contrary thereto he shall be guilty of a Misdemeanor.

XXXIV. All the Costs of any such Arbitration, and incident thereto, to be settled by the Arbitrators, shall be borne by the Promoters of the Undertaking, unless the Arbitrators shall award the same or a less Sum than shall have been 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.

XXXV. The Arbitrators shall deliver their Award in Writing to delivered to the Promoters of the Undertaking, and the said Promoters shall the Pro- retain the same, and shall forthwith, on demand, at their own Expence, moters of the furnish a Copy thereof to the other Party to the Arbitration, and Undertaking shall at all Times, on demand, produce the said Award, and allow ommute of the same to be inspected or examined by such Party or any Person -appointed by him for that Purpose.

Submission - XXXVI. The Submission to any such Arbitration may be made a may be made Rule of any of the Superior Courts, on the Application of either of the Parties."

a Rule of

Court.

Award not

XXXVII. No Award made with respect to any Question referred void through to Arbitration under the Provisions of this or the special Act shall. be set aside for Irregularity or Error in Matter of Form.

Error in Form.

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XXXVIII. Before the Promoters of the Undertaking shall issue their Warrant for summoning a Jury for settling any Case of disputed Compensation they shall give not less than Ten Days Notice to the other Party of their Intention to cause such Jury to be summoned, and in such Notice the Promoters of the Undertaking shall state

what Sum of Money they are willing to give for the Interest in such Purchase of Lands sought to be purchased by them from such Party, and for Lunds otherwise than by the Damage to be sustained by him by the Execution of the Agreement.

Works.

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XXXIX. In every Case in which any such Question of disputed warrant for Compensation shall be required to be determined by the Verdict of summoning a Jury the Promoters of the Undertaking shall issue their Warrant to Jury to be the Sheriff, requiring him to summon a Jury for that Purpose, and the Sheriff. such Warrant shall be under the Common Seal of the Promoters of the Undertaking if they be a Corporation, or if they be not a Corporation under the Hands and Seals of such Promoters or any Two of them; and if such Sheriff be interested in the Matter in dispute such Application shall be made to some Coroner of the County in which the Lands in question, or some Part thereof, shall be situate, and if all the Coroners of such County be so interested, such Application may be made to some Person having filled the Office of Sheriff of Coroner in such County, and who shall be then living there, and who shall not be interested in the Matter in dispute; and with respect to the Persons last mentioned Preference shall be given to one who shall have most recently served either of the said Offices; and every Ex-Sheriff, Coroner, or Ex-Coroner shall have Power, if he think fit, to appoint a Deputy or Assessor.

Sheriff to

XL. Throughout the Enactments contained in this Act relating Provisions to the Reference to a Jury, where the Term "Sheriff" is used, applicable to the Provisions applicable thereto shall be held to apply to every apply to Coroner or other Person lawfully acting in his Place; and in every Coroner. Case in which any such Warrant shall have been directed to any other Person than the Sheriff, such Sheriff shall, immediately on receiving Notice of the Delivery of the Warrant, deliver over, on Application for that Purpose, to the Person to whom the same shall have been directed, or to any Person appointed by him to receive the same, the Jurors Book and Special Jurors List belonging to the County where the Lands in question shall be situate.

XLI. Upon the Receipt of such Warrant the Sheriff shall sum- Jury to be mon a Jury of Twenty-four indifferent Persons, duly qualified to summoned. act as Common Jurymen in the Superior Courts, to meet at a convenient Time and Place to be appointed by him for that Purpose, such Time not being less than Fourteen nor more than Twenty-one Days after the Receipt of such Warrant, and such Place not being more than Eight Miles distant from the Lands in question, unless by Consent of the Parties interested, and he shall forthwith give Notice to the Promoters of the Works of the Time and Place so appointed by him.

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XLII. Out of the Jurors appearing upon such Summons a Jury Jury to be of Twelve Persons shall be drawn by the Sheriff, in such Manner impannelled. as Juries for Trials of Issues joined in the Superior Courts are by Law required to be drawn, and if a sufficient Number of Jurymen do not appear in obedience to such Summons the Sheriff shall return other indifferent Men, duly qualified as aforesaid, of the

Bystanders,

Lands other

Purchase of Bystanders, or others that can speedily be procured, to make up the wise than by Jury to the Number aforesaid; and all Parties concerned may have their lawful Challenges against any of the Jurymen, but no such Party shall challenge the Array.

Agreement.

Sheriff to

XLIII. The Sheriff shall preside on the said Inquiry, and the preside; Wit- Party claiming Compensation shall be deemed the Plaintiff, and shall nesses to be have all such Rights and Privileges as the Plaintiff is entitled to in 101 big the Trial of Actions at Law; and if either Party so request in bisq 092dWriting, the Sheriff shall summon before him any Person considered

summoned.

bus abas I necessary to be examined as a Witness touching the Matters in b9229229001 question, and on the like Request the Sheriff shall order the Jury, letanaqa or any Six or more of them, to view the Place or Matter in controversy, in like Manner as Views may be had in the Trial of Actions in the Superior Courts, 1979) *)

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Penalty on Witnesses making default.

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Tot rot morts dogo) to ver od bogod of XLIV. If the Sheriff make default in any of the Matters hereinbefore required to be done by him in "relation to any such Trial or Inquiry, he shall forfeit Fifty Pounds for every such Offence, and such Penalty shall be recoverable by the Promoters of the Undertaking by Action in any of the Superior Courts; and if any Person summoned and returned upon any Jury under this or the special Act, whether common or special, do not appear, or if appearing, he refuse to make Oath, or in any other Manner unlawfully neglect his Duty, he shall, unless he show reasonable Excuse to the Satisfaction of the Sheriff, forfeit a Sum not exceeding Ten Pounds, and every such Penalty payable by a Sheriff or Juryman shall be applied in satisfaction of the Costs of the Inquiry, so far as the same will extend; and, in addition to the Penalty hereby imposed, every such Juryman shall be subject to the same Regulations, Pains, and Penalties as if such Jury had been returned for the Trial of an Issue joined in any of the Superior Courts.

XLV. If any Person duly summoned to give Evidence upon any such Inquiry, and to whom a Tender of his reasonable Expences shall have been made, fail to appear at the Time and Place specified in the Summons without sufficient Cause, or if any Person, whether summoned or not, who shall appear as a Witness refuse to be examined is to sto) on Oath touching the Subject Matter in question, every Person so wed 7 offending shall forfeit to the Party aggrieved a Sum not exceeding Ten Pounds..

Notice of
Inquiry.

If the Party make default the

Inquiry not to proceed.

XLVI. Not less than Ten Days Notice of the Time and Place of the Inquiry shall be given in Writing by the Promoters of the Undertaking to the other Party.

XLVII. If the Party claiming Compensation shall not appear at the Time appointed for the Inquiry such Inquiry shall not be further proceeded in, but the Compensation to be paid shall be such as shall be ascertained by a Surveyor appointed by Two Justices in manner herein-after provided,

XLVIII. Before

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