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any Penalty imposed thereby may be sought to be recovereda, to order a Part only of such Penalty to be
paid, if such Justice shall think fit. Evidence of 127. The Production of a written or printed Copy of
f the Bye Laws of the Company, having the Common the Company. Seal of the Company affixed thereto, shall be sufficient
Evidence of such Bye Laws in all Cases of Prosecution
Evidence of Bye Laws, the Seal of
Mode of appointing Arbitrators:
Arbitration. And with respect to the Settlement of Disputes by Ar
bitration, be it enacted as follows:
128. When any Dispute authorized or directed by og this or the special Act, or any Act incorporated there
with, to be 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 pointed with any such Dispute shall have arisen, and after a Request after Notice, in Writing shall have been served by the one Party on ty, or one the other Party to appoint an Arbitrator, such last-men
of tioned Party fail to appoint such Arbitrator, then upon
such Failure the Party making the Request, and having
129. If before the Matters so referred shall be deter
to be ap
in 14 days
by each par
may appoint for both parties.
In case of
* See § 147 et seq., as to recovery of penalties, (p. 110.)
Disputes referable to arbitration, see under Arbitration, in Index.
bitrator to be
ment of Um
mined, any Arbitrator appointed by either Party die, or another Air become incapable or refuse or for Seven Days neglect appointed in to act as Arbitrator, the Party by whom such Arbitra- vided. tor 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 Appointbeen appointed, such Arbitrators shall, before they enter pire, where upon the Matters referred to them, nominate and ap- two Arbitrapoint by Writing under their Hands an Umpire to tors ap; 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.
131. If in either of the Cases aforesaid, the said Arbi- Board trators shall refuse, or shall, for Seven Days after powered to Request of either Party to such Arbitration, neglect to Umpire, in appoint an Umpire, it shall be lawful for the Board of Trade, if they think fit, in any Case in which a Railway Company shall be one Party to the Arbitration, on the Application of either Party to such Arbitration, to appoint an Umpire; and the Decision of such Umpire on the Matters on which the Arbitrators shall differ shall be final.
132. The said Arbitrators or their Umpire may call Arbitrators for the Production of any Documents in the Possession mal compito or Power of either Party which they or he may think do necessary for determining the Question in dispute, and ister Oaths. may examine the Parties or their Witnesses on Oath, and administer the Oaths necessary for that Purpose.
onshallery such Umo; such
certain cases, Discretion of
documents; and admin
made Rule of Court.
Costs to be in 133. Except where by this or the special Act, or any Arbitrators Act incorporated therewith, it shall be otherwise proand Umpire vided, the Costs of and attending every such Arbitra
tion to be determined by the Arbitrators shall be in the Discretion of the Arbitrators or their Umpires, as the
Case may be. Submission 134. The Submission to any such Arbitration may be tion may be made a Rule of any of the Superior Courts, on the
le of Application of either of the Parties. Notices. And with respect to the giving of Notices, be it enacted
as follows: Service of 135. Any Summons or Notice, or any Writ, or other y." Proceeding, at Law or in Equity, requiring to be served
upon the Company, may be served by the same being left at, or transmitted through the Post directed to the principal Office of the Company, or one of their principal Offices where there shall be more than one, or being given personally to the Secretary, or in case there be no Secretary, then by being given to any one Director
of the Company. Service by 136. Notices requiring to be served by the Company
on upon the Shareholders may, unless expressly required bolders; by to be served personally, be served by the same being
transmitted through the Post directed according to the registered Address" or other known Address of the Shareholder, within such Period as to admit of its being delivered in the due Course of Delivery within the
Period (if any) prescribed for the giving of such Notice; Proof of and in proving such Service, it shall be sufficient to prove
that such Notice was properly directed, and that it was so put into the Post Office.
137. All Notices directed to be given to the Shareholders, shall, with respect to any Share to which Per. sons are jointly entitled, be given to whichever of the said Persons shall be named first in the Register of
Notices to joint Pro. prietors of Shares.
issued by the Company.
Shareholdersa; and Notice so given shall be sufficient
138. All Notices required by this or the special Act, Notices by or any Act incorporated therewith, to be given by ment. Advertisement', shall be advertised in the prescribed Newspaper, or if no Newspaper be prescribed, or if the prescribed Newspaper cease to be published, in a Newspaper circulating in the District within which the Company's principal Place of Business shall be situated.
139. Every Summons, Notice, or other such Docu- Authenticament requiring Authentication by the Company, may Notices, &c. be signed by Two Directors, or by the Treasurer or the is Secretary of the Company, and need not be under the Common Seal of the Company; and the same may be in Writing or in Print, or partly in Writing and partly in Print.
140. And be it enacted, That if any Person against Bankruptcy whom the Company shall have any Claim or Demand, vency. become Bankrupt, or take the Benefit of any Act for the Proof of Relief of Insolvent Debtors, it shall be lawful for the B Secretary or Treasurer of the Company, in all Proceed- how to be ings against the Estate of such Bankrupt or Insolvent, part of the or under any Fiat, Sequestration, or Act of Insolvency against such Bankrupt or Insolvent, to represent the Company, and act in their Behalf, in all respects as if such Claim or Demand had been the Claim or Demand of such Secretary or Treasurer, and not of the Company.
141. And be it enacted, That if any Party shall have Damages. committed any Irregularity, Trespass, or other wrong. Am fal Proceeding in the Execution of this or the special Act, or by virtue of any Power or Authority thereby given, and if, before Action brought in respect thereof, such Party make Tender of sufficient Amends to the Party injured, such last-mentioned Party shall not recover in any such Action; and if no such Tender shall have been made, it shall be lawful for the Defendant, by *$ 9, (p. 62.)
og 17, 30, 51, 71, &c.
Proccedinoney as he he joined, totion shall be per
Damages and Penal ties.
Provision for asoertaining
of Costs or Damages not otherwise provid ed for.
Leave of the Court where such Action shall be pending,
Defendants are allowed to pay Money into Court.
specially provided for, and Penalties“, be it enacted as
follows: Provision for 142. In all Cases where any Damages, Costs or Exand recovery penses are by this or the special Act, or any Act incor
tot porated there with, directed to be paid, and the Method
of ascertaining the Amount or enforcing the Payment thereof is not provided for, such Amount, in case of Dispute, shall be ascertained and determined by Two Justices; and if the Amount so ascertained be not paid by the Company or other Party liable to pay the same, within Seven Days after Demand, the Amount may be recovered by Distress of the Goods of the Company or other Party liable as aforesaid; and the Justices by whom the same shall have been ordered to be paid, or either of them', on Application, shall issue their or his Warrant accordingly.
143. If sufficient Goods of the Company cannot be found whereon to levy any such Damages, Costs or Ex
penses, payable by the Company, the same may, if the goods of the Amount thereof do not exceed Twenty Pounds, be re
covered by Distress of the Goods of the Treasurer of the Company; and the Justices aforesaid, or either of them, on Application, shall issue their or his Warrant accordingly; but no such Distress shall issue against the Goods of such Treasurer unless Seven Days previous Notice in Writing, stating the Amount so due, and demanding Payment thereof, have been given to such
Distress against the Treasurer, where no sufficient
Similar provisions as to Railways, with some additions, in § 140 et seq. of the Railways Clauses Consolidation Act (VII. 140-159).
0" Or any other Justice," under the Railway Clauses Consolidation Act, 8 140 (VII. 140).