RAILWAY COMPANIES ARBITRA TION ACT, 1859. 22 & 23 VICT. c. 56. An Act to enable Railway Companies to settle their Differences with other Companies by Arbi[13th August, 1859 (a).] tration. FOR the better providing for the settlement by arbitration of matters in which railway companies in the United Kingdom are mutually interested, be it enacted as follows, (that is to say,) 1. This act may for all purposes be cited as Short title. "Railway Companies Arbitration Act, 1859;" and the expression railway companies" in this act ex- "Railway tends to and includes all persons being the owners or companies." lessees of, and all contractors working any railway upon which steam power is used. companies to to arbitra 2. Any two or more railway companies, whether Power for already or hereafter incorporated (in this act called railway "the companies"), from time to time, by writing refer matters under their respective common seals, may agree to tion. 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 com (a) All the provisions of this act apply to arbitrations between companies and persons, in pursuance of "The Companies Act, 1862," and in the construction of such provisions "the companies" shall be deemed to include companies authorized by that act to refer disputes to arbitration. See sects. 72, 73 of that act, ante, p. 75. Power to alter or revoke agreements for reference. Agreements into effect. panies which the directors of the companies respectively might lawfully delegate to any committees of themselves respectively. 3. The companies jointly, but not otherwise, from time to 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. 4. Every reference or agreement in accordance to be carried 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. Reference to a single arbitrator. Reference to 5. Where the companies agree, the reference shall be made to a single arbitrator. 6. Except where the companies agree that the two or more reference shall be made to a single arbitrator, the reference shall be made as follows, to wit, arbitrators. Appoint ment of arbitrators by companies. Appointment of arbitrators trade. 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 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. 8. Where there are to be two or more arbitrators, if any of the companies fail to appoint an arbitrator by board of 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. Appoint inent of arbitrators 9. When the reference is made to two or more arbitrators, if before the matters referred to them are panies to determined any arbitrator dies, or becomes incapable by comor unfit, or for seven consecutive days fails to act as supply arbitrator, the company by which he was appointed vacancies. shall by writing under their common seal appoint an arbitrator in his place. arbitrators trade to 10. Where the company by which an arbitrator Appointought to be appointed in the place of the arbitrator ment of so deceased, incapable, unfit or failing to act, fail to by board of make the appointment within fourteen days after supply being thereunto requested in writing by the other vacancies. 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 Appointmade, the company making the appointment shall have no power to revoke the appointment, without revocable. the previous consent in writing of the other company, or every other company in writing under their common seal. ment of arbitrator not ment of 12. Where two or more arbitrators are appointed, Appointthey shall, before entering on the business of refer- umpire by ence, appoint by writing under their hands an im- arbitrators. partial and qualified person to be their umpire. ment of trade. 13. If the arbitrators do not appoint an umpire Appointwithin seven days after the reference is made to the umpire by arbitrators, then, on the application of the com- board of panies 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. arbitrators to supply 14. Where two or more arbitrators are appointed, Appointif before the matters referred to them are determined ment of umpire by their umpire dies, 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. vacancy. 15. If the arbitrators fail to appoint an umpire Appoint ment of umpire by board of trade to supply vacancy. Succeeding arbitrators within seven days after notice in writing to them of the decease, incapacity, unfitness or failure to act of their umpire, 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 so failing. 16. Every arbitrator appointed in the place of a and umpires preceding arbitrator, and every umpire appointed in the place of a preceding umpire, shall respectively have the like powers and authorities as his respective predecessor. to have powers of prede cessors. Reference to umpire. Power for arbitrators, &c. to call for books, &c., and administer oath. Procedure in the arbitration. Arbitration 17. Where there are two or more arbitrators, if they do not, within such a time as the companies agree on, or, failing such 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. 18. The arbitrator, and the arbitrators, and the umpire 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 may 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. 19. 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. 20. The arbitrator, and the arbitrators, and the may proceed umpire respectively may proceed in the absence of companies. all or any of the companies in every case in which, in absence of |