Page 84 - index
P. 84

:





                                      MUNICIPAL LAW.                   83
                     In case the costw are taxed, an appeal to the Judge of the Hijjjh Court
                  is allowed.
                     3!M>.  Certificate of Time Occupied  The arbitrators must  file a
                  verified certificate with the Clerk of the Municipality, showing the nuniher
                  of hours occupietl by each arbitriitor at each sitting, the date of each sitting
                  and the fees cliarged by said arbitrators at such sitting.
                     44M>.  Arbitrators'  Fees.  The fees chargeable by non-professi<jnal
                  aibitrators are as follows
                     For every meeting where the case is not proceeded with, but po.stponed
                  at the request of an\' party, not less than S2, nor more than  .'?4.
                     For every day's sitting, to consist of not less than six hours, not  less
                  than $i\ nor more than !<!().
                     For every sitting not extending to six hours where the arbitration is
                  actually pmeeeded with, for each hour occupied in the proceedings, not less
                  than >*i, nur more than !$l. •')(>.
                     Kees ciiiirgt .dile liy professional arbitrators are just double the above
                  amounts in each i-ase.
                     401 Payment of Arbitrators' Fees.  Either party nuiy pay the
                  Arbitrators' fees into the ofKee of the County Court t'lerk, with !510as
                  security for costs and the  fee chai'ged by the Clerk for his ser\ic(! ^^Oc.
                  wiien  till- sum paid in does not exceed i5oO, and SI when it exceeds .SOO).
                  Whereupon the Arbitrators are rccpiired forthwith to deliver their award
                  to such ])arty.
                     40'i. Taxation of Arbitrators' Fees,  'i'he party paying in the fees,
                  as in pre\ ions secticn may have the Clerk tax the ai'bitrators" fees, who,
                  u|)oii giving said arbitrators two days' notice of such appointment by .ser-
                  vice* of a copy thereof upon them, may tax each arbitratoi''s fees .sej)arately,
                  ami the costs of the taxatinu shall be in his iliseretion.
                     If the arbitrators' fees ;ire found to b<> legal, the Clerk shall  fi'ri'<with
                  pay the same fion\ the fees paid in to him.
                     I'jth(!r party may, within two days after the completion of .such taxa-
                  I ion, u])on giving (he other  jiarty fom- days' notice, have  the  (/"lerk's
                  taxation if vised  b;.  the taxing otlicers of the High Court ai Toi'onto.
                     40;{. By-Law to Bind Award.  When the award relates to ]iroperty
                  taken, ns'<l, or injuriously aft>etc'd, .and the by-law di<l not authorize any
  ritliin         lutry or use to Ije made of the pioperty, except a survey, before an award
  plilfC          had been made: or, if tlif by-law did give such authority, but  it had not
                  l)een acted upon, the awai'd shall not be binding on the corporation, unli'.ss
                  it  is adopte(l by a by-law within three months after the making of the
                  awanl: and, if not (ulnpfnl, t\\i' original by-law  is thereby yr/i^i'/'r/, the
                  |>roperty stands unaffected, ai\d tiie corporation  reiiuirecj to pay the cixsts
                  of the arbiti'ati<in.
                     404 High Court Reviewing Awards.  E\-ery award  is subject to
                  t lie jurisdiction of tli<' High Court, to be reviewed on  its merits at the
                  instance of thr person who,se property is  a^^f'ected.  They may also call for
                  ni'W evidence, set aside the award, refer any jjart of the matter back to
   79   80   81   82   83   84   85   86   87   88   89