1890_TRAMWAY_ORDINANCE__1882 — Page 18

ORDINANCE No. 1 OF 1882.

Tramways.

61. If, for twenty-one days after the service of such notice, any such party shall fail to state the particulars of his claim in respect of any such land, or to treat with the company

in respect thereof, or if such party and the company shall not agree as to the amount of the compensation to be paid by the company for the interest in such lands belonging to such party, or which he is by this Ordinance enabled to sell, or for any damage that may be sustained by him by reason of the execution of the works, the amount of such compensation shall be settled in the manner hereinafter provided for settling cases of disputed compensation.

62. If no agreement be come to between the company and the owners of, or parties by this Ordinance enabled to sell and assign, or release, any of the said lands nentioned in the said schedule D., and taken or required for, or injuriously affected by, the execution of the undertaking, or any interest in such lands, as to the value of such lands, or of any interest therein, or as to the compensation to be made in respect thereof, and if in any such case the compensation claimed shall not exceed one thousand dollars, the same shall be settled by a Judge in Summary Jurisdiction.

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

64. It shall be lawful for any Judge in Summary Jurisdiction upon the applica- tion of either party with respect to any question of disputed compensation by this Ordinance authorized to be settled by a Judge in Summary Jurisdiction to summon the other party to appear before a Judge in Summary Jurisdiction at a time and place to be named in the summons, and upon the appearance of such parties, or, in the absence of any of them, upon proof of due service of the summons, it shall be lawful for such Judge in Summary Jurisdiction to hear and determine 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 discretion of such Judge in Sum- mary Jurisdiction, and he shall settle the amount thereof. All proceedings under this Ordinance before a Judge in Summary Jurisdiction shall be instituted by a suit headed Compensation under the Tramways Ordinance, 1881.

any

65. 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, each 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 on the part of the company under the hands of their secretary or clerk, and on the part of 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 appointment 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 revocation; and if for the space

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If parties fail to treat question to be settled as hereinafter mentioned.

Where compen- sation does not exceed $1,000,

Where compen - sation excceds $1,000.

Proceedings to settle disputes before & Judge in Sumniary Jurisdiction.

Proceedings by arbitration.