Appendix

ceeding for set

to compensation

XXIV. It shall be lawful for any Justice, upon the Application of No. 6. either Party with respect to any Question of disputed Compensation 8 Vic. c. 18. by this or the special Act, or any Act incorporated therewith, autho- Method of prorized to be settled by Two Justices, to summon the other Party to tling Disputes as appear before Two Justices, at a Time and Place to be named in the by Justices. Summons; and upon the Appearance of such Parties, or in the Absence of any of them upon Proof of due Service of the Summons, it shall be lawful for such Justice to hear and determine such Question, and for that Purpose to examine such Parties or any of them, and their Witnesses, upon Oath; and the Costs of every such Inquiry shall be in the Discretion of such Justices, and they shall settle the Amount thereof.

of Arbitrator

are to be deter

tration.

XXV. When any Question of disputed Compensation by this or the Appointment special Act, or any Act incorporated therewith, authorized or required when Questions to be settled by Arbitration, shall have arisen, then, unless both Par- mined by Arbities shall concur in the Appointment of a single Arbitrator, each Party, on the Request of the other Party, shall nominate and appoint an Arbitrator to whom such Dispute shall be referred; and every Appointment of an Arbitrator shall be made on the Part of the Promoters of the Undertaking under the Hands of the said Promoters or any Two of them, or of their Secretary or Clerk, and on the Part of any other Party under the Hand of such Party, or if such Party be a Corporation Aggregate under the Common Seal of such Corporation; and such Appointment shall be delivered to the Arbitrator, and shall be deemed a Submission to Arbitration on the Part of the Party by whom the same shall be made; 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 a Revocation; and if for the Space of Fourteen Days after any such Dispute shall have arisen, and after a Request in Writing, in which shall be stated the Matter so required to be referred to Arbitration, 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.

supplied.

XXVI. If, before the Matters so referred shall be determined, any vacancy of ArArbitrator appointed by either Party die, or become incapable, the bitrator to be 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

Appendix
No. 6.

Appointment of
Umpire.

proceed ex parte; and every Arbitrator so to be substituted as aforesaid 8 Vic. c. 18. shall have the same Powers and Authorities as were vested in the former Arbitrator at the Time of such his Death or Disability as aforesaid. XXVII. 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, or which shall be referred to him under the Provisions of this or the special Act, and if such Umpire shall die, or become incapable to act, they shall forthwith after such Death or Incapacity appoint another Umpire in his Place, and the Decision of every such Umpire on the Matters so referred to him shall be final.

Board of Trade empowered to

appoint an Um

pire on neglect

of the Arbitra

tors, in case of Railway Companies.

In case of Death of single Arbitrator the Matter to begin de

novo.

If either Arbitrator refuse to

proceed ex parte.

XXVIII. If in either of the Cases aforesaid the said Arbitrators shall refuse, or shall, for Seven Days after Request of either Party to such Arbitration, neglect to appoint an Umpire, the Board of Trade, in any Case in which a Railway Company shall be one Party to the Arbitration, and Two Justices in any other Case, shall, on the Application of either Party to such Arbitration, appoint an Umpire, and the Decision of such Umpire on the Matters on which the Arbitrators shall differ, or which shall be referred to him under this or the special Act, shall be final.

XXIX. If, when a single Arbitrator shall have been appointed, such Arbitrator shall die or become incapable to act before he shall have made his Award, the Matters referred to him shall be determined by Arbitration under the Provisions of this or the special Act in the same Manner as if such Arbitrator had not been appointed.

XXX. If, where more than One Arbitrator shall have been apact the other to pointed, either of the Arbitrators refuse or for Seven Days neglect to act, the other Arbitrator may proceed ex parte, and the Decision of such other Arbitrator shall be as effectual as if he had been the single Arbitrator appointed by both Parties.

If Arbitrators fail to make their Award within Twentyone Days the

Matter to go to the Umpire.

Power of Arbitrators to call for Books, &c.

XXXI. If, where more than One Arbitrator shall have been appointed, and where neither of them shall refuse or neglect to act as aforesaid, such Arbitrators shall fail to make their Award within Twenty-one Days after the Day on which the last of such Arbitrators shall have been appointed, or within such extended Time (if any) as shall have been appointed for that Purpose by both such Arbitrators under their Hands, the Matters referred to them shall be determined by the Umpire to be appointed as aforesaid.

XXXII. The said Arbitrators or their Umpire may call for the Production of any Documents in the Possession or Power of either Party which they or he may think necessary for determining the Question in dispute, and may examine the Parties or their Witnesses on Oath, and administer the Oaths necessary for that Purpose.

Appendix

Umpire to make

XXXIII. Before any Arbitrator or Umpire shall enter into the Con- No. 6. sideration of any Matters referred to him, he shall in the Presence of a 8 Vic. c. 18. Justice make and subscribe the following Declaration; that is to say, Arbitrator or 'I A.B. do solemnly and sincerely declare, That I will faithfully and a Declaration. 'honestly, and to the best of my Skill and Ability, hear and determine the Matters referred to me under the Provisions of the Act [naming the special Act].

'Made and subscribed in the Presence of

A.B.

And such Declaration shall be annexed to the Award when made; and if any Arbitrator or Umpire having made such Declaration shall wilfully act contrary thereto he shall be guilty of a Misdemeanor.

tration how to

XXXIV. All the Costs of any such Arbitration, and incident there- Costs of Arbito, to be settled by the Arbitrators, shall be borne by the Promoters be borne. of the Undertaking, unless the Arbitrators shall award the same or a less Sum than shall have been offered by the Promoters of the Undertaking, in which Case each Party shall bear his own Costs incident to the Arbitration, and the Costs of the Arbitrators shall be borne by the Parties in equal Proportions.

livered to the

Promoters of the

Undertaking.

XXXV. The Arbitrators shall deliver their Award in Writing to Award to be dethe Promoters of the Undertaking, and the said Promoters shall retain the same, and shall forthwith, on Demand, at their own Expense, furnish a Copy thereof to the other Party to the Arbitration, and shall at all Times, on Demand, produce the said Award, and allow the same to be inspected or examined by such Party or any Person appointed by him for that Purpose.

be made a Rule

of Court.

XXXVI. The Submission to any such Arbitration may be made a Submission may Rule of any of the Superior Courts, on the Application of either of the Parties. XXXVII. No Award made with respect to any Question referred to Award not void Arbitration under the Provisions of this or the special Act shall be set in Form. aside for Irregularity or Error in Matter of Form.

through Error

XXXVIII. Before the Promoters of the Undertaking shall issue their Promoters of the Undertaking to Warrant for summoning a Jury for settling any Case of disputed Com- give Notice before summoning pensation they shall give not less than Ten Days Notice to the other a Jury. Party of their Intention to cause such Jury to be summoned, and in such Notice the Promoters of the Undertaking shall state what Sum of Money they are willing to give for the Interest in such Lands sought to be purchased by them from such Party, and for the Damage to be sustained by him by the Execution of the Works.

a

XXXIX. In every Case in which any such Question of disputed Compensation shall be required to be determined by the Verdict of Jury the Promoters of the Undertaking shall issue their Warrant to the Sheriff, requiring him to summon a Jury for that Purpose, and such

Warrant for

summoning Jury

to be addressed

to the Sheriff.

Appendix

No. 6,

Warrant shall be under the Common Seal of the Promoters of the Un8 Vic. c. 18. dertaking, if they be a Corporation, or if they be not a Corporation under the Hands and Seals of such Promoters or any Two of them; and if such Sheriff be interested in the Matter in dispute such Application shall be made to some Coroner of the County in which the Lands in question, or some Part thereof, shall be situate, and if all the Coroners of such County be so interested such Application may be made to some Person having filled the Office of Sheriff or Coroner in such County, and who shall be then living there, and who shall not be interested in the Matter in dispute, and with respect to the Persons last mentioned Preference shall be given to one who shall have most recently served either of the said Offices; and every Ex-Sheriff, Coroner, or Ex-Coroner shall have Power, if he think fit, to appoint a Deputy or Assessor.

Provisions appli

cable to Sheriff

ner.

XL. Throughout the Enactments contained in this Act relating to to apply to Coro- the Reference to a Jury, where the Term "Sheriff" is used the Provisions applicable thereto shall be held to apply to every Coroner or other Person lawfully acting in his Place; and in every Case in which any such Warrant shall have been directed to any other Person than the Sheriff such Sheriff shall immediately on receiving Notice of the Delivery of the Warrant deliver over, on Application for that Purpose, to the Person to whom the same shall have been directed, or to any Person appointed by him to receive the same, the Jurors Book and Special Jurors List belonging to the County where the Lands in question shall be situate.

Jury to be summoned.

Jury to be impanelled.

XLI. Upon the Receipt of such Warrant the Sheriff shall summon a Jury of Twenty-four indifferent Persons, duly qualified to act as Common Jurymen in the Superior Courts, to meet at a convenient Time and Place to be appointed by him for that Purpose, such Time not being less than Fourteen nor more than Twenty-one Days after the Receipt of such Warrant, and such Place not being more than Eight Miles distant from the Lands in question, unless by Consent of the Parties interested, and he shall forthwith give Notice to the Promoters of the Works of the Time and Place so appointed by him.

XLII. Out of the Jurors appearing upon such Summons a Jury of Twelve Persons shall be drawn by the Sheriff, in such Manner as Juries for Trials of Issues joined in the Superior Courts are by Law required to be drawn, and if a sufficient Number of Jury-men do not appear in obedience to such Summons the Sheriff shall return other indifferent Men, duly qualified as aforesaid, of the Bystanders, or others that can speedily be procured, to make up the Jury to the Number aforesaid; and all Parties concerned may have their lawful Challenges against any of the Jurymen, but no such Party shall challenge the Array.

Appendix

No. 6.

side; Witnesses

Penalty on

Sheriff and Jury

for Default.

XLIII. The Sheriff shall preside on the said Inquiry, and the Party claiming Compensation shall be deemed the Plaintiff, and shall have 8 Vic. c. 18. all such Rights and Privileges as the Plaintiff is entitled to in the Trial Sheriff to preof Actions at Law; and, if either Party so request in Writing, the to be summoned. Sheriff shall summon before him any Person considered necessary to be examined as a Witness touching the Matters in question, and on the like Request the Sheriff shall order the Jury, or any Six or more of them, to view the Place or Matter in controversy, in like Manner as Views may be had in the Trial of Actions in the Superior Courts. XLIV. If the Sheriff make default in any of the Matters hereinbefore required to be done by him in relation to any such Trial or Inquiry he shall forfeit Fifty Pounds for every such Offence, and such Penalty shall be recoverable by the Promoters of the Undertaking by Action in any of the Superior Courts; and if any Person summoned and returned upon any Jury under this or the special Act, whether common or special, do not appear, or if appearing he refuse to make Oath, or in any other Manner unlawfully neglect his Duty, he shall, unless he show reasonable Excuse to the Satisfaction of the Sheriff, forfeit a Sum not exceeding Ten Pounds; and every such Penalty payable by a Sheriff or Juryman shall be applied in satisfaction of the Costs of the Inquiry, so far as the same will extend; and in addition to the Penalty hereby imposed every such Juryman shall be subject to the same Regulations, Pains, and Penalties as if such Jury had been returned for the Trial of an Issue joined in any of the Superior Courts.

nesses making

XLV. If any Person duly summoned to give Evidence upon any Penalty on Witsuch Inquiry, and to whom a Tender of his reasonable Expenses shall default. have been made, fail to appear at the Time and Place specified in the Summons, without sufficient Cause, or if any Person, whether summoned or not, who shall appear as a Witness, refuse to be examined on Oath touching the Subject Matter in question, every Person so offending shall forfeit to the Party aggrieved a Sum not exceeding Ten Pounds.

quiry.

XLVI. Not less than Ten Days Notice of the Time and Place of the Notice of InInquiry shall be given in Writing by the Promoters of the Undertaking to the other Party.

make default the

Inquiry not to proceed.

XLVII. If the Party claiming Compensation shall not appear at the If the Party Time appointed for the Inquiry such Inquiry shall not be further proceeded in, but the Compensation to be paid shall be such as shall be ascertained by a Surveyor appointed by Two Justices in manner hereinafter provided.

XLVIII. Before the Jury proceed to inquire of and assess the Com- Jury to be sworn. pensation or Damage in respect of which their Verdict is to be given

they shall make Oath that they will truly and faithfully inquire of and