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THE HONGKONG GOVERNMENT GAZETTE, 18TH FEBRUARY, 1882.

Where com- pensation

Exceeds $1,000.

Proceedings tu settle disputes before a Judge in Summary Jurisdiction.

Proceedings by

arbitration.

Vacancy of arbitrator to be supplied.

Appointment of umpire.

Judge in Summary Jurisdiction empowered

to appoint an

mpire on neglect of the arbitrators.

LXIII. If the compensation claimed or offered in any such ease shall exceed one thousand dollars, the same shall be settled by arbitration as hereinafter provided.

LXIV. It shall be lawful for any Judge in Summary Jurisdiction upon the application of either party with respect to any question of disputed compensation by this Ordinance authorized to be settled by a Judge in Sum- mary Jurisdiction to summon the other party to appear before a Judge in Summary Jurisdiction at a time and place to be named in the suminous, and upon the appearance of such parties, or, in the absence of any of them, upon proof of due service of the suminous, it shall be lawful for such Judge in Summary Jurisdiction to hear and deter- mine such question, and for that purpose to examine such parties, or any of them, and their witnesses, upon oath, and the costs of every such inquiry shall be in the discre- tion of such Judge in Summary Jurisdiction, and he shall settle the amount thereof. All proccedings under this Ordinance before a Judge in Summary Jurisdiction shall be instituted by a suit headed Compensation under the Tramways Ordinance, 1881.

:;

LXV. When any question of disputed compensation, by this Ordinance authorized or required to be settled by arbitration, shall have arisen, then, unless both parties shall concur in the appointment of a single arbitrator, cach party, on the request of the other party, shall nominate and appoint an arbitrator, to whom such dispute shall be referred and every appointment of an arbitrator shall be made ou the part of the Company under the hands of their secretary or clerk, and on the part of any other party under the hand of such party, or, if such party be a corporation aggregate, under the common seal of such corporation, and such ap- pointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; and after any such appointment shall have been made neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revo- cation; and if for the space 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 un 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 ease the award or determination of such single arbi- trator shall be final, unless the same be appealed against as hereinafter provided.

LXVI. If, before the matters so referred shall be deter- mined, any arbitrator appointed by either party die, or be- come 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 pro- ceed 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,

LXVII. 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 natters so referred to him shall be final, unless the same shall be appealed against as hereinafter provided.

LXVIII. If in either of the cases aforesaid the said arbi- trators shall refuse, or shall, for seven days after request of either party to such arbitration, neglect to appoiut an um- pire, 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