ORDINANCE No. 1 OF 1882.
Tramways.
71. 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, (such extended time in no case to exceed two months from the day on which the last of such arbitrators shall have been appointed,) then the matters referred to them shall be determined by the umpire to be appointed as aforesaid, and if, from any cause whatever, such umpire shall, except he be prevented from illness or any other unavoidable circumstance, fail to make his award within three months after the day on which the last of such arbitrators shall have been appointed, he shall forfeit five hundred dollars to the company.
If, from any cause whatever, such umpire shall fail to make his award within the time aforesaid, the matters referred to him shall be determined by other arbitrators under this Ordinance in the same manner as if no previous proceedings in arbitration had been taken with reference to the said matters.
72. 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.
73. Before any arbitrator or umpire shall enter into the consideration of any matters referred to him, he shall, in the presence of a Justice of the Peace, make and subscribe the following declaration, that is to say:-
"I, A. B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters referred to me under the provisions of the Tramways Ordinance, 1881."
Made and subscribed in the presence of
[4. 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 misdemeanour.
74. Except as is hereinafter otherwise provided, all the costs of any such arbitration, and incident thereto, to be settled by the arbitrators, or umpire, shall be borne by the company, unless the arbitrators or umpire shall award the same, or a less, sum than shall have been offered by the company, in which case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators and umpire shall be borne by the parties in equal proportions.
75. The arbitrators or umpire shall forthwith deliver their or his award in writing to the company, who 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.
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If arbitrators fail to make their award within twenty-one days, the matter to go to the umpire.
Power of arbitrators to call for books, &c.
Arbitrator or umpire to make a declaration
Costs of arbitration how to be borne.
Award to be delivered to the company.
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