by this Act is authorized or directed to be settled by arbitration (b), then, unless both parties concur in the appointment of a single arbitrator, each party, on the request of the other, shall appoint an arbitrator, to whom the matter shall be referred;

And every such appointment when made on the behalf of the local board of health shall (in the case of a non-corporate district) be under their seal and the hands of any five or more of their number (c), or under the common seal in case of a corporate district, and on the behalf of any other party under his hand, or if such party be a corporation aggregate under the common seal thereof;

And such appointment shall be delivered to the arbitrators (d), and shall be deemed a submission to arbitration by the parties making the same;

And after the making of any such appointment the same shall not be revoked without the consent of both parties, nor shall the death of either (e) party operate as a revocation;

And if for the space of fourteen days after any such matter shall have arisen (ƒ), and notice in wri

(b) Sects. 69, 75, and 105 of this Act, and ss. 69, 74, of 21 & 22 Vict. c. 98, contain special references to arbitration. (c) The Court of Exchequer have lately held that where a person agreed with a waterworks company that a person nominated by two others should be appointed as arbitrator, and such person being so appointed, and awarded to the claimant a sum exceeding 507, the latter was entitled to the costs of the arbitration. Martin v. The Leicester Waterworks Company, 3 H. & N. 263: 37 L. J., Exc. 432. See also Collins v. South Staffordshire Railway Company, 7 Exc. 5.

(d) See the interpretation of this word in sect. 2.

(e) These words appear at first sight to be inapplicable to the local board, but they obviate any question which might arise from the death of any one of the members who would sign the appointment of the arbitrator.

(f) With reference to notice from the local board, see sect. 150, and 21 & 22 Vict. c. 98, s. 61, as to its service and authentication.

ting by one party who has himself duly appointed an arbitrator to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fail to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties;

And the award (g) of any arbitrator or arbitrators appointed in pursuance of this Act shall be binding, final, and conclusive upon all persons, and to all intents and purposes whatsoever (h).

of one of

bitrators;

CXXIV. And be it enacted, that if before the Death, &c. determination of any matter so referred any arbitra- several artor die, or refuse or become incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead;

And if he fail so to do for the space of seven days after notice in writing (i) from the other party in

(g) Sect. 151 exempts the award from stamp duty.

These words are somewhat more emphatic than those used in the Lands Clauses Consolidation Act, 8 & 9 Vict. c. 18, s. 25, but the effect appears to be the same. In the case of In re Stroud, 8 C. B. 502, the Court of Common Pleas inquired into the merits of an award when facts were stated for their opinion by the arbitrator, though it was objected that the award was final. They confirmed the award, but left the question open as to whether they could have set it aside. In the course of the argument Maule, J., observed: "It is conceded that the court may interfere where the arbitrator has exceeded or fallen short of the authority conferred upon him." It will be seen by sect. 137, post, that the award is not to be vacated, quashed, or set aside for want of form, nor to be removable by certiorari or any other writ or process, but awards made by arbitrators are questioned in the courts of law without a writ of certiorari, or other process. The award itself may be produced by the party possessing it, verified by affidavit, and if it be in court it can be there examined.

(i) See note (f) on the last section.

of single arbitrator.

Appointment of umpire by

that be lf, the remaining arbitrator may proceed ex parte;

And every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made;

And in case a single arbitrator die, or become incapable to act, before the making of his award, or fail to make his award within twenty-one days after his appointment, or within such extended time, if any, as shall have been duly appointed by him (a) for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this Act, as if no former reference had been made.

CXXV. And be it enacted, that in case there be the parties; more than one arbitrator the arbitrators shall, before they enter upon the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire die, or become incapable • Sic in stat. to act, the arbitrator* shall forthwith appoint another person in his stead;

by quarter sessions.

And in case the arbitrators neglect or refuse to appoint an umpire for seven days after being requested so to do by any party to the arbitration, the court of general or quarter sessions shall, on the application of any such party, appoint an umpire;

And the award of the umpire shall be binding, final, and conclusive upon all persons and to all intents and purposes whatsoever (b);

And in case the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within

(a) There is no power expressly given to the arbitrator to extend the time for his making the award, but such a power is to be inferred from this section and sect. 126.

(b) See note (h) on sect. 123.

such extended time, if any, as shall have been duly appointed by them for that purpose, the matters referred shall be determined by the umpire;

And the provisions of this Act with respect to the time for making an award, and with respect to

extending [to]* the same in the case of a single arbi- *Sic in stat. trator, shall apply to an umpirage.

which award

made.

CXXVI. Provided always, and be it enacted (c), Time within that the time for making an award under this Act must be shall not be extended beyond the period of three months from the date of the submission or from the day on which the umpire shall have been appointed (as the case may be).

arbitrator to

duction of

CXXVII. And be it enacted, that any arbitrator, Power to arbitrators, or umpire, appointed by virtue of this require proAct, may require the production of such documents documents. in the possession or power of either party as they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath;

of reference.

And the costs of and consequent upon the refe- As to costs rence shall be in the discretion of the arbitrator or arbitrators, or of the umpire (in case the matters referred are determined by an umpire under the power herein-before contained in that behalf);

pro

of

And any submission to arbitration under the visions of this Act may be made a rule of any the superior courts (d) on the application of any party thereto.

Submission may be made a rule of court.

CXXVIII. And be it enacted, that before any Declaration arbitrator or umpire shall enter upon any such by arbitra

to be made

tor and

(c) This clause, by implication, enables the arbitrator to ex- umpire. tend the time; there is no power given to him expressly to do so. (d) See in sect. 2 the interpretation of this word.

reference as aforesaid, he shall make and subscribe the following declaration before a justice of the peace; (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 Public Health Act, 1848. "A. B."

And such declaration shall be annexed to the award when made;

And if any arbitrator or umpire shall wilfully act contrary to such declaration he shall be guilty of a misdemeanor.

Recovery of damages, &c.

LEGAL PROCEEDINGS.

CXXIX. And be it enacted (e), that in all cases in which the amount of any damages, costs, and expenses is by this Act directed to be ascertained or recovered in a summary manner the same may be ascertained by and recovered before two justices (ƒ), together with such costs of the proceedings as the justices may think proper (g);

(e) Sect. 39, ante, provides for the proceedings to be taken against the collectors of rates by the local board, and sect. 103 provides for the recovery of rates from ratepayers in arrear. It must be observed that though 8 & 9 Vict. c. 18, s. 136, now incorporated herewith, provides for the recovery of forfeitures, penalties, and costs, (see Appendix,) yet the 21 & 22 Vict. c. 98, s. 7, renders the penalties recoverable as under this Act. (f) See note on sect. 2. As regards the ascertaining of expenses it does not appear that any clause refers this to the justices; but sect. 145 enables justices to ascertain the amount of compensation for damage under 207.

(g) The proceedings for the recovery of the penalty must be commenced within six months of the commission of the offence. 8 & 9 Vict. c. 18, s. 140, post, in Appendix, and 11 & 12 Vict. c. 43, s. 11. But see 21 & 22 Vict. c. 98, s. 62, post, as to the commencement of the time in respect of certain summary applications for the recovery of expenses.