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Vacancy of arbitrator to be supplied.
Appointment of umpire.
Judge in Summary Jurisdiction empowered to appoint an umpire on neglect of the arbitrators.
In case of death of single arbitrator, the matter to begin de novo.
If either arbitrator refuse to act, the other to proceed ex parte.
ORDINANCE No. 1 of 1882.
Tramways.
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, unless the same be appealed against as hereinafter provided.
66. If, before the matters so referred shall be determined, any arbitrator appointed by either party die, or become incapable, the 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 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 or disability as aforesaid.
67. 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 Ordinance, 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, unless the same shall be appealed against as hereinafter provided.
68. 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, a Judge in Summary Jurisdiction shall, in Chambers, 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 Ordinance, shall be final, unless the same shall be appealed against as hereinafter provided.
69. If, when a single arbitrator shall have been appointed, he 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 this Ordinance in the same manner as if such arbitrator had not been appointed.
70. If, where more than one arbitrator shall have been appointed, 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.