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Buildings.
matter being decided against him he will be liable to pay a sum, exclusive of costs, exceeding five hundred dollars, and gives security, to be approved by the judge, duly to prosecute an action in the Supreme Court and to abide the event thereof, all proceedings in Chambers shall thereupon be stayed, and the appellant may bring an action in the Supreme Court against the other party to the difference.
(6) The plaintiff in such action shall deliver to the defendants an issue whereby the matters in difference between them may be tried, and the form of such issue in case of dispute or of the non-appearance of the defendant shall be settled by the court, and the action shall be prosecuted and the issue tried in all respects as if it were an ordinary action or issue in the Supreme Court, or as near thereto as circumstances admit.
(7) If the parties agree as to the facts a special case may be stated for the opinion of the court, and such case shall be heard and decided in all respects as if it were an ordinary case stated for the opinion of the court, or as near thereto as circumstances admit; and any costs that may have been incurred before the judge in chambers shall be deemed to be costs incurred in the action and be payable accordingly.
(8) Where both parties have concurred in the appointment of one architect, then, if he refuses, or for seven days neglects to act, or if he dies or becomes incapable of acting before he has made his award, the matters in dispute shall be determined in the same manner as if he had not been appointed.
(9) Where each party has appointed an architect and a third architect has been selected, then, if he refuses, or for seven days neglects to act, or before such difference is settled, dies, or becomes incapable of acting, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his predecessor.
(10) Where each party has appointed an architect, then, if the two architects refuse, or, for seven days after request of either party, neglect to select a third architect, or another third architect as aforesaid the Governor may, on the application of either party, appoint the Director of Public
509
[CAP. 123