37 Vict. No. 19. Several awards may be made. Costs of arbitration and award. Payment of costs. Awards made 117. 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. 118. The costs of and attending the arbitration and the award shall be in the discretion of the arbitrator and the arbitrators and the umpire respectively. 119. 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 parties in equal shares and in other respects the parties shall bear their own respective costs. 120. Every 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 parties within such time as they agree on or failing such agreement within thirty days next after the matters in difference are referred to the arbitrator or the arbitrators or the umpire (as the case may be) or within such extended time or times (if any) 37 Vict. No. 19. as shall have been appointed for that purpose by the arbitrator or the arbitrators or the umpire respectively by writing under his or their respective hand or hands shall be binding and conclusive on all the parties to the reference. obeyed. 121. Except only so far as the parties bound by Awards to be 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 have effect. 122. Full effect shall be given by all Courts Agreements, according to their respective jurisdiction and by the and awards to parties respectively and otherwise to all agreements references arbitrations and awards in accordance with this Act and the performance or observance thereof by any company or corporation aggregate party thereto may by the Supreme Court when such Court thinks fit be compelled by distress infinite on the property of such companies or corporations respectively or by any other process against such companies or corporations respectively or their respective property that the Court or any Judge thereof shall direct and when requisite frame for the purpose and by any other party by the mode and process of the Court by which the performance or observance of awards is enforced in ordinary cases of arbitration. 37 Vict. No. 19. 123. Every submission to arbitration under the Submission may be made provisions of this Act may be made a rule of the a rule of Court. Not to be set aside for matter of form. Matters not specially provided for to be dealt with under the general law of arbitration. Supreme Court on the application of either of the parties and the Court may remit the whole or any of the matters to the arbitrator or arbitrators or umpire. with any directions the Court may think fit. 124. No award made with respect to any question or dispute referred to arbitration under the provisions of this Act shall be set aside or be deemed invalid for irregularity or error in matter of form. 125. In matters not otherwise provided for by this Act the laws statutes and practice for the time being in force with respect to ordinary cases of arbitration shall so far as the same are applicable and can be applied extend and apply to all arbitrations under the provisions of this Act. 51 VICT. NO. 37. An Act to provide for the constitution of an authority to investigate and report upon proposals for Public Works, &c., passed on 5th June, 1888. As to compulsory arbitration, s. 2, 45 Vict. No. 26. An Act to amend the Lands for Public Purposes Acquisition Act, s. 2. The Judge before whom an action for compensation shall be tried shall in no case have power to direct a reference of the claim to arbitration. 51 Vict. No. 37. of lands after 19. The Governor may direct that any land re- As to taking quired, in his opinion, for any authorised work may resolution. be acquired, either by taking the same under the "Lands for Public Purposes Acquisition Act," as adopted by this Act, or under the provisions contained in Part III. hereof. Thereupon, subject to the provisions of this Act, the land so required may be taken or acquired in the manner directed, and the compensation for such land shall be ascertained and dealt with in all respects pursuant to the said Acts as so adopted, or the said Part, as the case may be. tion for land 24. For the purpose of ascertaining the purchase General provision as money or compensation to be paid by the constructing to compensaauthority regard shall in every case after the passing howsoever of this Act be had by the magistrates, arbitrators, surveyors, valuators, or jury (as the case may be), not only to the value of the land to be purchased or taken, taken or acquired. 51 Vict. No. 37, but also to the damage (if any) to be sustained by the owner of the lands by reason of the severing of the lands taken from other lands of such owner or otherwise injuriously affecting such other lands by the exercise of any statutory powers by such authority; and they shall assess the same according to what they shall find to have been the value of such lands estate or interest at the time notice was given of such lands being required or having been taken. Provided always that the said magistrates, arbitrators, surveyors, valuators, and jury in ascertaining such purchase money or compensation shall take into consideration and give effect to by way of set-off or abatement any enhancement in the value of any land belonging to such owner adjoining the land taken or severed therefrom by the construction of the authorised work. But in no case shall this proviso operate so as to require any payment to be made by such owner to the constructing authority in consideration of such enhancement of value as aforesaid. Compensa tion where 25. Notwithstanding anything in the last preced land alienated ing section, the compensation to be paid for and in by the Crown when taken, respect of any land acquired or taken for railway or &c., for Railway or tramway purposes under this Act, at any time within. five years from the time when such land was alienated in fee by the Crown, whether absolutely or conditionally, shall be a sum of money, for each acre or portion of an acre of such land, equal to the amount of purchase money paid per acre by the grantee, or to the amount of deposit per acre paid by the conditional |