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84 MUNICIPAL LAW.
tlie same arbitrators for consideration, or to other persons wlioin the ('(jurt
may appoint, and may modiiy, incrcjise, or diminish the award.
405. Appeals and Motions Against Awards. Awards tiiat rc(|uire
adoption by tlie (onncil, before tlusy become bindinj^ on the corporation
may l)e moved a:.fainHt witliin mie inontli after their lulojilxni.
Awards that do not re(|uire such adoption, but aio subject to apjx'al,
the appeal is to tlie H.j:fli Court, and from the High Court to the Court of
Appeal.
Motions to set aside such avvai'd must be niiide within six weeks after
the pul)lication tliereof, except under special circumstances, when the Court
may allow the application after said time.
401». Actions Against Municipal Corporations. Actions brou<,dit
against municipalities for acts done under illegal by-laws, orders, or
resolutions, must not be brought until one month after such by-law li;is
been (|uashe<l or repealed.
•lOT. Notice of Action. One month's notice in writing must be
given tlie corporat on of the intention to bring .such action The action
must bo against the corpoi-ation, and not against the individual acting
under the by-law.
40S. Tender of Awards. If, in the preceding action, the corpoia-
tioii tiMiders awards to the plaintiH", or his solicitor, and such tender is
pleadeil and proved, and if no more than the amoi'.nt tendered is recavertid,
then the plaintiff shall have no costs allowed.
Anil in case a claim is made, or action is brought for damaires for
alleged negligence on the part of municipalities, the Council may tender or
pay into Court (as the case may be) the amount they consider proper C(jm-
pensation, and if this is refuseil, and action prociieded with, and no greater-
amount is recovered, the costs of the suit will be against the plaintiff'.
40!>. Arbitrating Division Court Cases. The Judge may, by consent
of both parties to an action, order the sum t(.) be referred to the arbitration
of such person, or persons, and on such terms as seems to him just; or, the
parti(!s themselves may, by writing, agree to retV'r the matter in dispute to
till! arbitrament of a jierson name i in the agreement, which sliill be tiled
with the Clerk. Neither party can revoke the agreement to arbitrate,
without the co.isi'iit of the .lildge
On application within iourteeii days after i\w entry of the award, the
Juiln'e may, if Ik; thinks tit, .set aside the award : or may. with tlie consent
of b:)tli parties oi'der another reference.
410. Boundary Line Disputes Where all the parties to tlii> dis
pute consent, application may be made to the dudge of the (Jouiity (^ourt
to name a special referee, who will hear the evidence deduced by the
parties, and define', by such posts and monuments as he deems suliicient,
the true boundiiry line, and his report siiall have the effect of a binding
awai'il, which may lie registeniil ijy either jiarty thereto in the proper
registry office against the l-'uds affijcted t'lereby.