« EelmineJätka »
turns to be
Recovery of penalties.
society registered under this Act shall be transmitted to
25. All penalties imposed by this Act, or by the rules of
26. This Act may be cited as "The Industrial and Provident Societies Act, 1862."
SCHEDULE of Matters to be provided for in the Rules.
1. Object and name, and place of office of the society, which
2. Terms of admission of members.
3. Mode of holding meetings and right of voting, and of
4. Determination whether the shares shall be transferable,
5. Provision for the audit of accounts.
6. Power to invest part of capital in another society; pro
vided that no such investment be made in any other
7. Power and mode of withdrawing from the society, and
8. Mode of application of profits.
9. Appointment of managers and other officers, and their respective powers and remuneration.
22 & 23 VICT. c. 59.
An Act to enable Railway Companies to settle their Differences with other Companies by Arbitration.
[13th August, 1859.]
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 by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows (that is to say),
1. This Act may for all purposes be cited as Railway Short title. Companies Arbitration Act, 1859;" and the expression "Railway "railway Companies" in this Act extends to and includes Companies." all persons being the owners or lessees of, and all contractors working any railway upon which steam power is used.
2. Any two or more railway Companies, whether al- Power for ready or hereafter incorporated (in this Act called "the railway ComCompanies"), from time to time, by writing under their panies to respective common seals, may agree to refer and may refer to arbitrato 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 Companies which the directors of the
alter or revoke agreements for reference.
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 with to be carried 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.
5. Where the Companies agree, the reference shall be made to a single arbitrator.
6. Except where the Companies agree that the reference two or more shall be made to a single arbitrator, the reference shall be made as follows; to wit,
of arbitrators by Companies.
by Board of 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 arbitrators 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.
ment of arbi-
Appointment of arbitrators
9. When the reference is made to two or more arbitrators, if before the matters referred to them are determined any arbitrator 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.
10. Where the Company by which an arbitrator ought to by Board of be 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 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 made, the Appointment Company making the appointment shall have no power to not revorevoke the appointment, without the previous consent in cable writing of the other Company, or every other Company, in writing under their common seal.
12. Where two or more arbitrators are appointed, they of umpire Appointment shall, before entering on the business of the reference, by arbitraappoint by writing under their hands an impartial and qualified person to be their umpire.
13. If the arbitrators do not appoint an umpire within Appointment of umpire by seven days after the reference is made to the arbitrators, Board of then, on the application of the Companies, or any of them, Trade. 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.
14. Where two or more arbitrators are appointed, if Appointment of umpire by before the matters referred to them are determined their arbitrators umpire dies, or becomes incapable or unfit, or for seven con- to supply secutive 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.
15. If the arbitrators fail to appoint an umpire within Appointment of umpire seven days after notice in writing to them of the decease, by Board of incapacity, unfitness, or failure to act of their umpire, then, Trade to on the application of the Companies, or any of them, the supply vaBoard 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 pre- Succeeding ceding arbitrator, and every umpire appointed in the place and umpires of a preceding umpire, shall respectively have the like to have powers and authorities as his respective predecessor.
powers of predecessors.
17. 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 matters referred to them, or such of those matters as are not then determined, shall stand referred to their umpire.
kc., to call for books,
&c., and ad
18. The arbitrator, and the arbitrators, and the umpire respectively may call for the production of any documents of 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.
19. Except where and as the Companies otherwise agree, in the arbi- 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 umpire may proceed 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.
21. The arbitrator, and the arbitrators, and the umpire awards may 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.
time to bind all parties.
22. The award of the arbitrator, or of the arbitrators, or made in due 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 arbitrators, or the umpire, shall be binding and conclusive on all the Companies.
23. Provided always, that (except where and as the