Companies otherwise agree) the umpire, from time to time umpire to by writing under his hand, may extend the period within extend which his award is to be made; and if it be made and ready making his period for to be delivered within the extended time, it shall be as valid award. and effectual as if made within the prescribed period. aside for 24. No award made on any arbitration in accordance with Awards not this Act shall be set aside for any irregularity or informality. to be set 25. Except only so far as the Companies bound by any informality. award in accordance with this Act from time to time other- Awards to wise agree, all things by every award in accordance with be obeyed. this Act lawfully required to be done, omitted, or suffered, shall be done, omitted, or suffered accordingly. and awards 26. Full effect shall be given by all the superior Courts Agreements, of law and equity in the United Kingdom, according to their arbitrations respective jurisdiction, and by the Companies respectively to have effect. and otherwise, to all agreements, references, arbitrations, and awards in accordance with this Act; and the perform. ance 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. award. 27. Except where and as the Companies otherwise agree, Costs of arbithe costs of and attending the arbitration and the award tration and shall be in the discretion of the arbitrator, and the arbitrators, and the umpire respectively. costs. 28. Except where and as the Companies otherwise agree, Payment of 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. to be made Court. 29. The submission to any arbitration in accordance with Submission this Act may at any time be made a rule of any of Her to arbitration Majesty's superior Courts of record at Westminster, or, as a rule of 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. tions are to be determined by arbitration. 8 VICT. c. 16. An Act for consolidating in one Act certain provisions usually And with respect to the settlement of disputes by arbitra- Appointment 128. When any dispute authorized or directed by this or of arbitrator the special Act, or any Act incorporated therewith, to be when ques- settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbitrator, each party, on the request of the other party, shall by writing under his hand nominate and appoint an arbitrator to whom such dispute shall be referred; 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 such revocation; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing 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 appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute; and in such case the award or determination of such single arbitrator shall be final. Vacancy of arbitrator to be supplied. Appointment of umpire. 129. If before the matters so referred shall be determined any arbitrator appointed by either party die, or become incapable or refuse or for seven days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and 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, refusal, or disability as aforesaid. 130. Where more than one arbitrator shall have been appointed such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint by writing under their hands an umpire to decide on any such matters on which they shall differ; and if such umpire shall die, or refuse, or for seven days neglect to act, they shall forthwith after such death, refusal, or neglect appoint another umpire in his place; and the decision of every such umpire on the matters so referred to him shall be final. neglect of 131. If in either of the cases aforesaid the said arbitrators Board of Trude emshall refuse, or shall, for seven days after request of either powered to party to such arbitration, neglect to appoint an umpire, appoint an it shall be lawful for the Board of Trade, if they think fit, umpire, on in any case in which a railway Company shall be one party the arbitrato the arbitration, on the application of either party to such tors, in case arbitration, to appoint an umpire; and the decision of such Companies. umpire on the matters on which the arbitrators shall differ shall be final. of railway arbitrators 132. The said arbitrators or their umpire may call for the Power of production of any documents in the possession or power of to call for either party which they or he may think necessary for de- books, &c. termining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. tion of the 133. Except where by this or the special Act, or any Act Costs to he incorporated therewith, it shall be otherwise provided, the in the discrecosts of and attending every such arbitration, to be deter- arbitrators. mined by the arbitrators, shall be in the discretion of the arbitrators or their umpires, as the case may be. to arbitra 134. The submission to any such arbitration may be Submission made a rule of any of the superior Courts, on the appli- tion to be cation of either of the parties. made rule of Court. INDEX. This Index combines a reference to the work, to all the Sections of the Act of 1862, and to the Rules of 11th November, 1862. S. refers to the sections of the Act, and R. refers to the rules. ACCOUNTANT, appointment of. See Table of Cases. ACTION AND SUIT, injunction to restrain (S. 85, 197, 201), 29, 30. stay of, after order (S. 87, 198, 202), 30, 31. ACT OF PARLIAMENT, Companies established by, xxviii. saving clauses as to (S. 206, 207, 208), 365. ADJOURNMENT of proceedings in winding up (R. 7), 44. ADMINISTRATION, letters of, when to be taken out by official liquidator (S. 95), 116. ADVERTISEMENTS, insertion of (R. 53), 171. AFFIDAVITS, how sworn (S. 128), 135. filing of (R. 55), 137. ALLEGED CONTRIBUTORY. See Contributory. ANNUAL LIST of members to be registered (S. 26), 335. APPEAL, proceedings on, 125. opinion of Judge, 125. summons to obtain, 126. to Lord Chancellor or Lords Justices, 127. time for (S. 124), 127. motion by way of, 128. to House of Lords, 129. class of contributories, time for, 130. APPEARANCE, entry of (R. 62), 47. ARBITRATION, power of Company to refer (S. 72), 350. Railway Companies Arbitration Act, 1859, to apply (S. 73), 351. Railway Companies Arbitration Act, 1859, 411. |