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any Penalty imposed thereby may be recovered", to order a Part only of such
paid, if such Justice shall think fit. Evidence of 127. The Production of a written or By Law the Bye Laws of the Company, having the Company. Seal of the Company affixed thereto, sh
Evidence of such Bye Laws in all Cases under the same.
Mode of 128. When any Dispute authorized appointing this or the special Act, or any Act incon Arbitrators:
with, to be settled by Arbitration, sha then, unless both Parties shall concur i ment of a single Arbitrator, each Party of the other Party shall by Writing u nominate and appoint an Arbitrator to w pute shall be referred; and after any suc shall have been made neither Party sha to revoke the same without the Consen
nor shall the Death of either Party o to be ap
Revocation; and if for the Space of Four pointed with any such Dispute shall have arisen, and a after Notice, in Writing shall have been served by the by en compare the other Party to appoint an Arbitrator, For youpoint tioned Party fail to appoint such Arbitra parties. such Failure the Party making the Reque
himself appointed an Arbitrator, may Arbitrator to act on behalf of both Par Arbitrator may proceed to hear and deter ters which shall be in dispute; and in Award or Determination of such single A
be final. In case of 129. If before the Matters so referred Vacancy,
See $ 147 et seq., as to recovery of penalties, (p. 110
ment of Um
mined, any Arbitrator appointed by either Party die, or brother Pets become incapable or refuse or for Seven Days neglect appointed in to act as Arbitrator, the Party by whom such Arbitra- vidoner protor 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- 'wor Arbitrapoint by Writing under their Hands an Umpire to torn api 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 of 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 certain cases, 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 or Power of either Party which they or he
may necessary for determining the Question in dispute, and istor Oaths. may examine the Parties or their Witnesses on Oath, and administer the Oaths necessary for that Purpose.
may call for
Costs to be in
133. Except where by this or the special Act, or any Diditeten of Act incorporated there with, 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 made. Rule of Application of either of the.Parties.
And with respect to the giving of Notices, be it enacted as follows:
135. Any Summons or Notice, or any Writ, or other Company. 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
upon the Shareholders may, unless expressly required holders : 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; 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. Notices to
137. All Notices directed to be given to the Shareprietors of print ops op holders, 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
Proof of Service.
"§ 10, (p. 63.)
Shareholders*; 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 issued by the 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
Bankruptcy ; 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- Amends. ful 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.)
$ 17, 30, 51, 71, &c.
otherwise provid ed for.
Leave of the Court where such Action shall be pending,
And with respect to the Recovery of Damages not and Penal 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 incorDamages not porated therewith, 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 against the found whereon to levy any'such Damages, Costs or Ex
penses, payable by the Company, the same may, if the goods or the Amount thereof do not exceed Twenty Pounds, be reCompany: 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
Treasurer, where no
a Similar provisions as to Railways, with some additions, in § 140 et seq. of the Railways Clauses Consolidation Act (VII, 140-159).
b" Or any other Justice," under the Railway Clauses Consolidation Act, § 140 (VII. 140).