the-ordinances-of-the-legislative-counci-1890v3 — Page 333

1616 ORDINANCE No. 1 OF 1882 .

Tramways .


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 an 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 case the award or
determination of such single arbitrator shall be final, unless the same be appealed
against as hereinafter provided .

Vacancy of 66. If, before the matters so referred shall be determined, any arbitrator appointed
arbitrator to
be supplied. by either party die, or become 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 proceed 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.

Appointment 67. Where more than one arbitrator shall have been appointed , such arbitrators
of umpire.
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 matters so referred to him shall be final, unless the same
shall be appealed against as hereinafter provided.

Judge in Sum 68. If in either of the cases aforesaid the said arbitrators shall refuse, or shall,
mary Jurisdic
tion empowered for seven days after request of either party to such arbitration, neglect to appoint an
to appoint an
mmpire on umpire, a Judge in Summary Jurisdiction shall, in Chambers , on the application of
neglect ofthe
arbitrators.
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 be referred to him
under this Ordinance, shall be final, unless the same shall be appealed against as
hereinafter provided .

In case of death 69. If, when a single arbitrator shall have been appointed , he shall die, or become
of single arbitra
tor, thematter to incapable to act, before he shall have made his award, the matters referred to him shall
begin de noro,
be determined by arbitration under this Ordinance in the same manner as if such
arbitrator had not been appointed .

If either arbitra 70. If, where more than one arbitrator shall have been appointed, either of the
tor refuse to act,
the other to arbitrators refuse , or, for seven days, neglect to act, the other arbitrator may proceed
proceed
ex parte. ex parte, and the decision of such other arbitrator shall be as effectual as if he had been
the single arbitrator appointed by both parties.