CO129-554-9 Buildings Ordinance 1935 15-4-1935 - 15-4-1935 — Page 64

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(6) The last-mentioned notice shall specify the works required by the adjoining owner for his convenience, and shall, if necessary, be accompanied by explanatory plans and draw- ings.

(7) If either owner does not, within fourteen days after the service on him of any notice, express his consent thereto, he shall be considered as having dissented therefrom, and thereupon a difference shall be deemed to have arisen between the building owner and the adjoining owner.

between

owner.

137.-(1) In all cases not specially provided for by this Differences Ordinance, where a difference arises between a building owner building and an adjoining owner in respect of any matter arising with owner and reference to any work to which any notice given under this adjoining Ordinance relates, unless both parties concur in the appoint- ment of one architect they shall each appoint an architect, and the two architects so appointed shall select a third architect, and such one architect, or three architects, or any two of them, shall settle any matter from time to time during the continuance of any work to which the notice relates in dispute between such building owner and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and generally any other matter arising out of or incidental to such difference; but any time so appointed for doing any work shall not, unless other- wise agreed, commence until after the expiration of the period. by this Ordinance prescribed for the notice in the particular

case.

(2) Any award given by such one architect, or by such three architects, or by any two of them, shall be conclusive, and shall not be questioned in any court; with this exception, that either of the parties to the difference may within fourteen days from the date of the delivery of the award, appeal there- from to a judge in chambers, who may, subject as hereafter in this section mentioned, rescind the award or modify it in such manner as he thinks just.

(3) If either party to the difference makes default in appointing an architect for ten days after notice has been served on him by the other party to make such appointment, the party giving the notice may make the appointment in the place of the party so making default.

(4) The costs incurred in making or obtaining the award shall be paid by such party as the architect or architects determine.

(5) If the appellant on appearing before the judge declares his unwillingness to have the matter decided by him, and proves to his satisfaction that in the event of the 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

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