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Recitals. Notice of proposed

sewer.

Claim for compensation.

the

XII.

APPOINTMENT by the TRUSTEES and TENANT for LIFE of settled estates of an ARBITRATOR to assess the compensa

tion to be paid by a LOCAL AUTHORITY for making a sewer under the PUBLIC HEALTH ACT, 1875 (a).

BOROUGH of

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day of

Works for sewage pposes.

WHAS under the provons of the Public Health Act, 1875, the Mayor, Aldermen, & Burgesses of the Borough of in the coy of, being the Urban Sanitary Authority of the sd Borough, have served a notice dated, &c., upon us, the undersigned A. & B., the trees under the will, &c., of the estes settled by the sd will, of wch I the undersigned C., am the psnt tenant for life in posson, that the sd Authority in the exon of the powers & authorities given to & vested in them by virtue of the Public Health Act, 1875, will immedly after next enter into & upon the lands & premes parlarly descd in the schdle & plan annexed to the sd notice, all of wch are situate within the Borough of afsd, for the ppose of constructg, makg, & furnishg a sewer in, through, or under the sd lands & premes, & in the mner shown on the sd plan, wch sd sewer will form pt of the works comprd in the scheme for the sewerage of the sd Borough, or a pt thof, now being carried out by the sd Urban Authority, & also for the ppose of constructg man-holes, ventilatg shafts, valves, & sluices, & all other necy works for all or any of the pposes afsd, & that the course of the sd sewer was indicated by lines drawn on the sd plan, & thron coloured : AND WHAS we, the sd trees of the sd settled estes, are entled, as such trees, to compenson in respt of the permanent damage or injury to the freehd of the sd settled estes, or the owner or owners for the time being thof, wch will arise or be sustained by reason of the makg & maintaing of the sd sewer & all works & things incidental thto through, under, or upon the sd respive lands &

(a) 38 & 39 Vict. c. 55. As to the powers of the Local Authority, see the Act, ss. 16, 18, 19, 21, 24, 26; as to the purchase of land, see ss. 175, 176; as to interference with water rights and mines, &c., see ss. 327, 332, 334, and the Amendment Act of 1883 (46 & 47 Vict. c. 37); as to the mode of settling compensation, see s. 308; and as to arbitration, ss. 179, 180.

arbitration.

ment of

premes, & the occupon & use of any portions of the surface of the sd lands & premes wch may be permanently taken for the ppose of the sd sewer or any of the pposes afsd, AND also in respt of any temporary damage or injury to the freehd of the sd settled estes, or the owner or owners for the time being thof, wch may arise or be sustained by or through the makg or constron of the sd sewer or the exon of the works & things incidental thto, the amt of such compenson in respt as well of such permanent as of such temporary damage or injury being payable to us, the sd trees (as I, the sd C., do hby admit): AND Desire for WHAS we are desirous of havg the amt of such compenson settled by arbitron under the provons of the Public Health Act, 1875: NOW WE, the sd trees, do accdly, in psuance of the Appointprovons of the sd Act, hby nominate & appt X., of, &c., to be arbitrator. an arbitror on our pt to settle & determine the amt of compenson to be pd to us the sd trees by the sd Authority in respt of such permanent & temporary damage or injury resply as afsd, the amt of such compenson in respt of such permanent damage or injury to be assessed & determined, if required by us the sd trees, septely from the amt of compenson for such temporary damage or injury as afsd, & the amt of compenson, whether for permanent or temporary damage or injury, payable in respt of any specified portion of the sd lands & premes to be also, if required by us, the sd tress, assessed & determined septely from the amt payable in respt of the remr of the sd lands & premes: AND I, the sd C., as tenant for life of the sd settled estes, do hby confirm the sd apptmt of the sd X., as arbitror for the pposes afsd: PROVD ALWAYS that this referce to arbitron & the compenson to be awarded in psuance thof shl not to not cover or extend to any damage or injury wch may arise to extend to the sd settled estes, or the owner or owners for the time being branch thof, in respt of any entry wch may be made by the sd drains. Authority upon any pt of the sd settled estes & premes, or any works wch may be exted by them for the ppose of makg any connectg drains or communicons from the sd sewer to any house or premes near or adjoing the same, or in respt of any such entry or works wch may be made or exted by the sd Authority, at any time after the origl constron or makg of the sd sewer or any such connectg drains or communicons as afsd, for the ppose of repairg, cleansg, alterg, closg up, discontinuing

Confirma

tion by

tenant for

life.

Reference

damage by

Nor to

extend the powers of

rity.

or removg the same resply or orwise in relon thto: PROVD ALSO that nothg hinbfe contd shl be construed as operatg as a the Autho- licence or permission to the sd Authority to make any entry upon any of the sd lands & premes, or to exte or do any works or things wch they are not lawfully entled to make, exte or do under the powers conferred upon them by the Public Health Act, 1875.

Dated, &c.

(Signed) A., B., & C.

XIII.

APPOINTMENT of UMPIRE by ARBITRATORS by Endorsement on the Agreement of Reference or otherwise (a).

day of

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WE, [the within named] A. & B., in psuance of the powers given to us by the within contd agrmt, or "by an agrmt of referce, dated, &c.," or, "by an order made by, &c., on the in an action, &c.," do hby nominate & appt X., of, &c., to be the umpire accdg to the provons of the sd agrmt, or, "order," of referce, provd he will accept the office, & do within days from the date hrof signify such acceptce in writg. As wITS, &c.

XIV.

APPOINTMENT by Two ARBITRATORS of a THIRD
ARBITRATOR to act with them (b).

WE, &c., as in last Precedent, do hby nominate & appt X., of, &c., to be the third arbitror to act with us in the conson & determinon of the mres refd to us accdg to the provons of the sd agrmt, or, "order," of referce, provd he will accept the office, & do within days from the date hrof signify such acceptce in writg. As wITs, &c.

(a) See Re Hopper, L. R. 2 Q. B. 367; Arbitration Act, 1889, Sched. I. (b), ante, p. 150.

(b) As to the remedy where such an appointment is not made, see Arbitration Act, 1889, s. 5, ante, p. 151.

XV.

NOTICE by ARBITRATORS to UMPIRE of final DISAGREEMENT (c).

To Mr.

WE hby give you notice that we cannot & shl not be able to agree in makg an award concerng the mres refd to us by an agrmt, or, "order," dated, &c., but have finally disagrd about the same, & that you are at liberty to proceed as umpire to consider & award upon the mres refd. Dated, &c.

XVI.

ENLARGEMENT of TIME for making AWARD by
ARBITRATOR or UMPIRE (d).

I, [the within named] A., in psuance, &c., as in Precedent XIII., do hby enlarge the time for makg my award concerng the mres refd to me until the

day of

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AS WITS, &c.

XVII.

ENLARGEMENT of TIME by the Parties.

enlarged.

WE, [the within named] A. & B., do hby give & allow to X., Time the arbitror, or, "umpire," appted by the agrmt of referce within contd, or, "by an agrmt," or, "order," &c., as in Precedent XIII., further time for makg his award, namely, until the day of : AND WE FURTHER DECLARE & agree Agreement that all the provons of the sd agrmt, or, "order," of referce good. shl continue in full force & effect, & be construed & read in the same mner as if the day hby given & allowed for makg the award of the sd arbitror, or, "umpire," had been given & allowed by the sd agrmt, or, "order." As WITS, &c.

(c) See Arbitration Act, 1889, Sched. I. (d), ante, p. 150.

(d) As to the power of the Court to enlarge the time, see Arbitration Act, 1889, s. 9, p. 152.

to hold

That dis

putes have arisen.

Action and order of

reference.

Appoint. ment of arbitrator.

Appointment of arbitrator by a company. Appointment of umpire.

Substi

tuted appointment

RECITALS IN AWARDS.

I. WHAS divers disputes & diffces have arisen betn, &c., concerng, &c., or, "under an agrmt, &c."

II. WHAS an action has been instituted by the sd A. agst the sd B., touchg the premes & the same is now pendg, & by an order made in the sd action on, &c., it was ordered, &c.

III.

WHAS the sd A. by an instrumt in writg dated, &c., under his hand, appted [me the sd] B. to be the arbitror on his behalf in respt of the mres afsd.

IV. WHAS the sd Co by an instrumt in writg dated, &c., under the hand of A. their secretary, appted [me the sd] B. to be the arbitror on their behalf in respt of the mres afsd.

V. WHAS the sd arbitrors [bfe enterg into the conson of the sd mres] by an instrumt in writg dated, &c., under their hands [endorsed on the sd agrmt] appted [me the sd] X. to be the umpire in the mre of the sd arbitron psuant to the sd agrmt [order].

VI. WHAS the sd X. havg become unable to act as such umpire as afsd the sd arbitrors [bfe enterg into the conson of the of umpire. sd mres] by an instrumt in writg dated, &c., under their hands, appted [me the sd] A. to be the umpire in the mre of the sd arbitron in the place of the sd X.

Enlarge

ment of time for making award.

Disagree

ment of arbitrators

VII. WHAS We [the sd arbitrors] by an instrumt in writg under our [their] hands dated, &c., duly extended the time for makg our [their] award dated, &c.

VIII. WHAS the sd arbitrors have finally disagrd & differed & have altogether failed to make their award in the sd mres, and failure of all of which I have duly had notice, whby the sd mres so refd to the sd arbitrors as afsd have duly come bfe me as umpire for determinon.

to make

award.

Failure of

IX. WHAS the sd arbitrors did not make any award of & concerng the premes within the time limd by the sd agrmt within time [order] of referce.

arbitrators to make award

that no

limited. x. WHAS doubts havg been entertained as to the effect of Agreement the declon required by law havg been made & subscribed by objection me [the sd B. on, &c., & by myself] on, &c., by reason of the same being prior to the date of the appmt of me [the sd B. & myself] as arbitror [& umpire resply] in the sd arbitron, the sd pties on, &c., mutually agrd in writg that no

should be taken to award for informality.

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