22 & 23 VICT. C. 59.

Agreements to be carried into effect.

Reference to a single arbitrator.

Reference to two or more arbitrators.

Appointment of arbitrators by companies.

Appointment of arbitrators by

IV. Every reference or agreement in accordance with this 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.

V. Where the companies agree, the reference shall be made to a single arbitrator.

VI. Except where the companies agree that the reference shall be made to a single arbitrator, the reference shall be made as 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.

VII. Where there are to be 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.

VIII. Where there are to be two or more arbitrators, if any Board of Trade. of the companies fail to appoint an arbitrator 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, 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.

Appointment of

arbitrators by

IX. When the reference is made to two or more arbitrators, companies to if before the matters referred to them are determined any arbisupply vacancies. 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.

arbitrators by

to supply vacancies.

Appointment of X. Where the company by which an arbitrator ought to be Board of Trade 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 ap

Umpire appointed by Board of Trade.

cxix

pointed by the Board of Trade shall for the purposes of this 22 & 23 VICT. act be deemed to be appointed by the company so failing.

C. 59.

revocable.

XI. When any appointment of an arbitrator is made, the Appointment of company making the appointment shall have no power to revoke arbitrator not the appointment, without the previous consent in writing of the other company, or every other company in writing under their common seal.

umpire by arbi

XII. Where two or more arbitrators are appointed, they shall, Appointment of before entering on the business of the reference, appoint by trators. writing under their hands an impartial and qualified person to be their umpire.

of Trade.

XIII. If the arbitrators do not appoint an umpire within Appointment of seven days after the reference is made to the arbitrators, then, umpire by Board 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.

XIV. Where two or more arbitrators are appointed, if before Appointment of the matters referred to them are determined their umpire dies, umpire by arbiy trators to supply or becomes incapable or unfit, or for seven consecutive days fails vacancy. 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.

umpire by Board

XV. If the arbitrators fail to appoint an umpire within seven Appointment of days after notice in writing to them of the decease, incapacity, of Trade to unfitness, or failure to act of their umpire, then, on the appli- supply vacancy. cation 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 so failing.

trators and

XVI. Every arbitrator appointed in the place of a preceding Succeeding arbiarbitrator, and every umpire appointed in the place of a preced- umpires to have ing umpire, shall respectively have the like powers and autho- powers of prederities as his respective predecessor.

cessors.

XVII. Where there are two or more arbitrators, if they do Reference to not, within such a time as the companies agree on, or, failing umpire. such agreement, within thirty days next after the reference is made to the arbitrators, agree on their award thereon, then the

22 & 23 VICT. matters referred to them, or such of those matters as are not then determined, shall stand referred to their umpire.

C. 59.

Power for arbi

trators, &c., to call for books,

ister oath.

XVIII. The arbitrator, and the arbitrators, and the umpire respectively may call for the production of any documents of &c., and admin- 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.

arbitration.

Procedure in the XIX. Except where and as the companies otherwise agree, the 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 may proceed in absence of companies.

Several awards

XX. The arbitrator, and the arbitrators, and the umpire 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.

XXI. The arbitrator, and the arbitrators, and the umpire may be made. 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.

Awards made in

all parties.

XXII. The award of the arbitrator, or of the arbitrators, or due time to bind 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 arbi

Award-Extension of Time-Costs-Submission.

cxxi

trators, or the umpire, shall be binding and conclusive on all 22 & 23 VICT. the companies.

C. 59.

to extend period

XXIII. Provided always, That (except where and as the Power for umpire companies otherwise agree) the umpire, from time to time by for making his writing under his hand, may extend the period within which award. 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.

set aside for informality.

XXIV. No award made on any arbitration in accordance Awards not to be with this act shall be set aside for any irregularity or informality.

XXV. Except only so far as the companies bound by any Awards to be award in accordance with this act from time to time otherwise obeyed. 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.

bitrations, and

XXVI. Full effect shall be given by all the superior courts Agreements, arof law and equity in the United Kingdom, according to their awards to have respective jurisdiction, and by the companies respectively, and effect. otherwise, 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.

XXVII. Except where and as the companies otherwise agree, Costs of arbitrathe costs of and attending the arbitration and the award shall tion and award. be in the discretion of the arbitrator, and the arbitrators, and the umpire respectively.

costs.

XXVIII. Except where and as the companies otherwise Payment of agree, and 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.

XXIX. The submission to any arbitration in accordance Submission to with this act may at any time be made a rule of any of Her made a rule of

arbitration to be

court.

C. 59.

22 & 23 VICT. 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.

Commissioners for special purposes to assess railways;

and also the

persons employed

panies.

23 VICT. c. 14.

An Act for granting to Her Majesty Duties on Profits arising from Property, Professions, Trades, and Offices.-[3d April 1860.]

V. No assessment shall be made under this act by the commissioners for general purposes in respect of the annual value or profits and gains arising from any railway, but in lieu thereof every such assessment shall be made by the commissioners for special purposes, and upon the value or profits and gains for the year ending the fifth day of April one thousand eight hundred and sixty, and the said last-mentioned commissioners shall notify the assessment to the secretary or other officer of the company upon which the same shall be made, and the amount of such assessment shall be paid, collected, and levied in like manner as any other assessment made by the said commissioners for special purposes.

VI. In like manner as aforesaid the commissioners for special by railway com- purposes shall assess the duties payable under schedule (E.) in respect of all offices and employments of profit held in or under any railway company, and shall notify to the secretary or other officer of such company the particulars thereof, and the said assessment shall be deemed to be and shall be an assessment upon the company, and paid, collected, and levied accordingly; and it shall be lawful for the company, or such secretary or other officer, to deduct and retain out of the fees, emoluments, or salary of each such officer or person the duty so charged in respect of his profits and gains.