the-ordinances-of-the-legislative-counci-1890v3 — Page 334

ORDINANCE No. 1 of 1882 . 1617


Tramways.


71. If, where more than one arbitrator shall have been appointed , and where If arbitrators
fail to make
neither of them shall refuse, or neglect, to act as aforesaid , such arbitrators shall fail their award
within twenty
one days, the
to make their award within twenty-one days after the day on which the last of such matter to go to
the umpire.
arbitrators shall have been appointed, or within such extended time (if any) as shall
have been appointed for that purpose by both such arbitrators, under their hands,
(such extended time in no case to exceed two months from the day on which the last
of such arbitrators shall have been appointed , ) then matters referred to them shall

be determined by the umpire to be appointed as aforesaid, and if, from any cause
whatever, such umpire shall except he be prevented from illness or any other unavoidable
circumstance, fail to make his award within three months after the day on which the
last of such arbitrators shall have been appointed he shall forfeit five hundred dollars
to the company. If, from any cause whatever, such umpire shall fail to make his
award within the time aforesaid , the matters referred to him shall be determined by
other arbitrators under this Ordinance in the same manner as if no previous proceedings
in arbitration had been taken with reference to the said matters.

72. The said arbitrators, or their umpire, may call for the production of any Power ofarbitra
tors to call for
documents in the possession or power of either party which they, or he, may think books, &c.

necessary for determining the question in dispute, and may examine the parties, or
their witnesses, on oath, and administer the oaths necessary for that purpose.

73. Before any arbitrator or umpire shall enter into the consideration of any Arbitrator or
umpire to make
a declaration.
matters referred to him, he shall , in the presence of a Justice of the Peace make and
subscribe the following declaration , that is to say :
"I, A. B., do solemnly and sincerely declare that I will faithfully and honestly,
"and to the best of my skill and ability, hear and determine the matters
" referred to me under the provisions of the Tramways Ordinance, 1881 .
"Made and subscribed in the presence of
66 29

[4. B.]
And such declaration shall be annexed to the award when made ; and if any arbitrator ,

or umpire, having made such declaration , shall wilfully act contrary thereto, he shall
be guilty of a misdemeanour.
74. Except as is hereinafter otherwise provided , all the costs of any such arbitra Costs of arbitra
tion how to be
borne.
tion, and incident thereto, to be settled by the arbitrators, or umpire, shall be borne by
the company, unless the arbitrators or umpire shall award the same, or a less , sum
than shall have been offered by the company, in which case each party shall bear his
own costs incident to the arbitration, and the costs of the arbitrators and umpire shall
be borne by the parties in equal proportions.

75. The arbitrators or umpire shall forthwith deliver their or his award in writing Award to be
delivered to the
to the company, who shall retain the same, and shall forthwith, on demand, at their company.

own expense, furnish a copy thereof to the other party to the arbitration, and shall at
all times, on demand, produce the said award, and allow the same to be inspected or
examined by such party, or any person appointed by him for that purpose.