the-ordinances-of-the-legislative-counci-1890v3 — Page 332

ORDINANCE No. 1 OF 1882. 1615


Tramways.


61. If, for twenty-one days after the service of such notice, any such party shall If parties fail to
treat question to
be settled as
fail to state the particulars of his claim in respect of any such land, or to treat with hereinafter
mentioned.
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.
Where compen
62. If no agreement be come to between the company and the owners of, or sation does not
exceed $1,000.
parties by this Ordinance enabled to sell and assign, or release, any of the said lands
mentioned 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 Where compen
sation exceeds
thousand dollars, the same shall be settled by arbitration as hereinafter provided . $1,000.

64. It shall be lawful for any Judge in Summary Jurisdiction upon the applica Proceedings to
settle disputes
before a Judge
tion of either party with respect to any question of disputed compensation by this in Summary
Jurisdiction.
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.

65. When any question of disputed compensation, by this Ordinance authorized Proceedings by
arbitration.
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 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 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