221540-1935-Supplementary-Draft-Bills--Stamp-Amendment-Buildings — Page 53

Right of entry of building

owner.

1014

the court, and the action shall be prosecuted and the issue tried ir 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 cir- cumstances 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 to act 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 to act, the two architects shall forthwith select another architect in his place who shall have the same powers and authorities as were vested in his pre- decessor.

(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 applica- tion of either party, appoint the Director of Public Works or some other fit person to act as third architect who shall have the same powers and authorities as if he had been selected by the two architects appointed by the parties.

(11) Where each party has appointed an architect, then, if before the difference is settled either architect dies, or becomes incapable of acting, the party by whom he was appointed may appoint some other architect to act in his place, and if for the space of seven days after notice served on him by the other party for that purpose, he fails to do so, the other architect may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appoint- ment both parties had concurred; an architect so substituted as aforesaid shall have the same powers and authorities as were vested in the former architect at the time of his death or disability.

(12) Where each party has appointed an architect, then, if either of the architects refuses, or for seven days neglects to act the other may proceed ex parte, and his decision shall be as effectual as if he had been a single architect in whose appointment both parties had concurred.

(13) In this section "architect" means "authorised architect'.

138. A building owner, his servants, agents and work- men, at all usual times of working, may enter and remain on any premises for the prupose of executing, and may execute any work which he has become entitled or is required in pursuance of this Ordinance to execute, removing any furni- ture or doing any other thing which may be necessary; and if the premises are closed, he and they may, accompanied by a