A manual of hygiene, public and private, and compendium of sanitary laws : for the information and guidance of public health authorities, officers of health, and sanitarians generally / by Charles A. Cameron.

Date:
1874
Catalogue details

Licence: Public Domain Mark

Credit: A manual of hygiene, public and private, and compendium of sanitary laws : for the information and guidance of public health authorities, officers of health, and sanitarians generally / by Charles A. Cameron. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

    397/522
    of his award, or fail to make liis award within twenty-one days after his appointment, or within such extended time, if any, as shall have been duly appointed by him 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. 125. And be it enacted, that in case there be more than one arbi- Appointment trator, the arbitrators shall, before they enter upon the reference, °' ^1''';? by- appoint by writing under their hands an umpire, and if the person ^^^ appointed to be umpire die, or become incapable to act, the arbitra- tors shall forthwith appoint another person in his stead ; 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 by Qnirter party, appoint an umpire : and the award of the umpire shall be bind- Sessions, ing, final, and conclusive upon all persons and to all intents and pur- poses whatsoever; 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 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 witli respect to extending the same in the case of a single arbitrator, shall apply to an umpirage. [Under this section, arbitrators who have failed to make their award within twenty-one days after the day upon which the last of them was appointed may nevertheless after the expiration of that period appoint an umpire.—Holdsworth v. Barsham, 10 W. R.,64:6; 8 Jur. N. S., 672. Arbitrators may appoint an umpire after the twenty-one days, limited by sec. 125 for making their award, have expired without their having enlarged the time, provided such appointment be within the time limited by sec. 126 for making the umpirage.—iZoWsiwori/j v. Wilson, 32 L. J. Q. B. 289; II W. R. 733; 8 L. T. N. S. 434, Ex. Cham. This section places an umpire, with respect to the time for making his award, in the same position as a single arbitrator; and by sec. 124, a single arbitrator is required to make his award within twenty- one days after his appointment, or within such extended time as shall have been appointed by him.—Killett v. Board of Health of Tranmere. 13 W. R. 207; 11 L. T. N. S. 457. When an umpire, without extending the time for making his award, made his award after the twenty-one days from the time when he was appointed by the arbitrator had elapsed: held that the award was bad. —lb. An umpire did not extend the time, nor did he make his award within twenty-one days, but he appointed a day for the reference when both the parties attended; but the Board of Health, by their clerk, protested against the proceedings. The umpire, however, proceeded with the reference. Both the claimant and the local board went into their cases, examined witnesses, and addressed the umpire : held that the local board was not by its conduct before the umpire ingoing into the case, and examining witnesses, and addressing the umpire, estopped from afterwards disputing the umpire's jurisdiction.—Ring- land V. Lowndes, 10 Jur. N. S. 850; 33 S. J. C. P. 337.] 126. Provided always, and be it enacted, that the time for making Time within an award under this act shall not be extended beyond the period of which award 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). 127. And be it enacted, that any arbitrator, arbitrator.^, or umpire Power to appointed by virtue of this act may require the production of such*° documents in the possession or power of either party as they or he tion'of may think necessary for determining the matters referred, and may documents, examine the parties or their witnesses on oath ; and the costs of and consequent upon the reference shall be in the discretion of the arbi-