Reference to two or more arbitrators. Appoint ment of arbitrators by companies. Appoint ment of arbitrators by Board of Trade. Appoint ment of 6. Except where the companies agree that the reference shall be made to a single arbitrator, the reference shall bə made as follows; to wit, 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 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. 9. When the reference is made to two or more arbitrators, if before the matters referred to them are determined any arbitrators 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. by companies to supply va cancies. Appointment of 10. Where the company by which an arbitrator ought to be appointed in the place of the arbitrator so deceased, incapable, unfit, or failing to act, fail to make the appointarbitrators ment within fourteen days after being thereunto requested by Board of in writing by the other company, or by the other comTrade to panies 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. supply vacancies. Appointment of 11. When any appointment of an arbitrator is made, the company making the appointment shall have no power to arbitrator revoke the appointment, without the previous consent in not revo- writing of the other company, or every other company in cable. writing under their common seal. Appointment of 12. Where two or more arbitrators are appointed, they shall, before entering on the business of the reference, apumpire by point by writing under their hands an impartial and quaarbitrators. lified person to be their umpire. Appointwent of 13. If the arbitrators do not appoint an umpire within seven days after the reference is made to the arbitrators, the Board of Trade may appoint an umpire; and the um- Board of pire so appointed shall for the purposes of this act be Trade. deemed to be appointed by the arbitrators. 14. Where two or more arbitrators are appointed, if be- Appoint fore the matters referred to them are determined their ment of umpire dies, or becomes incapable or unfit, or for seven umpire by consecutive days fails to act as umpire, the arbitrators shall arbitratora by writing under their hands appoint an impartial and to supply qualified person to be their umpire in his place. vacancy. 15. If the arbitrators fail to appoint an umpire within Appointseven days after notice in writing to them of the deceasc, ment of incapacity, unfitness, or failure to act of their umpire, then, umpire by on the application of the companies, or any of them, the Board of Board of Trade may appoint an umpire; and the umpire Trade, to so appointed shall for the purposes of this act be deemed supply vato be appointed by the arbitrators so failing. cancy. 16. Every arbitrator appointed in the place of a pre- Powers of ceding arbitrator, and every umpire appointed in the place succeeding of a preceding umpire, shall respectively have the like arbitrators and authorities as his respective predecessor. powers and um 17. Where there are two or more arbitrators, if they do pires. not, within such a time as the companies agree on, or, Reference failing such agreement, within thirty days next after the to umpire. 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. administer 18. The arbitrator, and the arbitrators, and the umpire Power for respectively may call for the production of any documents arbitrators, or evidence in the possession or power of the companies &c., to call respectively, or which they respectively can produce, and for books, which the arbitrator, or the arbitrators, or the umpire &c., and shall think necessary for determining the matters referred, oath. 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, Procedure the arbitrator, and the arbitrators, and the umpire respec- in the arbitively may proceed in the business of the reference in such tration. manner as he and they respectively shall think fit. 20. The arbitrator, and the arbitrators, and the umpire Arbitration respectively may proceed in the absence of all or any of the may procompanies in every case in which, after giving notice in ceed in that behalf to the companies respectively, the arbitrator, or the arbitrators, or the umpire shall think fit so to pro- companies. absence of Several awards may be made. Awards made in due time to bind all parties. 21. The arbitrator, and the arbitrators, and the umpire 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. 22. The award of the arbitrator, or of the arbitrators, or 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. Umpire 23. Provided always, That (except where and as the may extend companies otherwise agree) the umpire, from time to time period for by writing under his hand, may extend the period within making his which his award is to be made; and if it be made and ready to be delivered within the extended time, it shall be as valid and effectual as if made within the prescribed period. award. Awards not to be set aside. Awards to be obeyed. 24. No award made on any arbitration. in accordance with this act shall be set aside for any irregularity or informality. 25. Except only so far as the companies bound by any award in accordance with this act from time to time otherwise agree, all things by every award in accordance with this act lawfully required to be done, omitted, or suffered shall be done, omitted, or suffered accordingly. Agree26. Full effect shall be given by all the superior courts ments, ar- of law and equity in the United Kingdom, according to bitrations, their respective jurisdiction, and by the companies reand awards spectively, and otherwise, to all agreements, references, to have effect. Costs of arbitrations, and awards in accordance with this act; and the performance 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. 27. Except where and as the companies otherwise agree, award. shall be in the discretion of the arbitrator, and the arbi- and trators, and the umpire respectively. 28. Except where and as the companies otherwise agree, Payment of and if and so far as the award does not otherwise deter- costs. mine, 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. 29. The submission to any arbitration in accordance Submission with this act may at any time be made a rule of any of to arbitraher Majesty's superior courts of record at Westminster, tion to be or, as the case may be, at Dublin, on the application of made a any party interested; and the court may remit the matter rule of to the arbitrator, or to the arbitrators, or to the umpire, with any directions the court think fit. conrt Commis special purposes to assess 23 VICT. cap. 14. An Act for granting to Her Majesty Duties on Property, Professions, far as relates to Rail[3rd April, 1860.] 5. No assessment shall be made under this act by the sioners for commissioners for general purposes in respect of the annual value or profits and gains arising from any railway, but in lieu thereof every such assessment shall be made by the commissioners for special purposes, and upon the railways; value or profits and gains for the year ending the fifth day of April one thousand eight hundred and sixty, and See also 29 the said last-mentioned commissioners shall notify the assessment to the secretary or other officer of the company upon which the same shall be made, and the amount of such assessment shall be paid, collected, and levied in like manner as any other assessment made by the said commissioners for special purposes. & 30 Vict. c. 36, s. 8. and also the persons 6. In like manner as aforesaid the commissioners for special purposes shall assess the duties payable under employed schedule (E.) in respect of all offices and employments by railway of profit held in or under any railway company, and companies. shall notify to the secretary or other officer of such com pany the particulars thereof, and the said assessment shall be deemed to be and shall be an assessment upon the company, and paid, collected, and levied accordingly; and it shall be lawful for the company or such secretary or other officer to deduct and retain out of the fees, emoluments, or salary of each such officer or person the duty so charged in respect of his profits and gains. |