Page 86 - index

:

MUNrciPAL LAW. f<r>

III ciiso t!»t! p.utins cannot a<>ii'o upon tin; Ontario Land Surveyor to
1h) named as tlio .special i-oferoe, lie shall hv. aiipointed by the .Fu(Ijrt> iielore
whom the a])plication is uiado.
411- Gas and Water Companies wisliiiij; to cany their pii^es
throufjh lands of any person, within ten miles of the municipality, for
supplying which the company is incorpor)i,ted, and the consent of such
|)arty cannot he ol)tained, the company may appoint one inditierent person,
and the owner of the land another, and' the two shall choose a third,
and the thnn- shall he the arbitrators.
The sum awarded shall b(> paid within three months after the date of
the award, and in default of payment the owner or owners may resume
I
pos.s('Msi()n of hi.s ()r their property, with all the ri<fhts pertaining' thereto.
In event of either one of the parties failin<r to appoint an arbitrator
after eight days' notice by the other, or in ease the two arbitrators neglect
f)- Ml-
I. -IS to appoint a thini, the Judge of the C'ounty Court may appoint a third
arbitrator.
4yi. Cheese and Butter Companies. Kvery dispute between mem-
bers of the association, or persons claiming through them, and the directors,
treasurer or other otllcer, shall be settled by arbitration in manner directed
l)y the rules of the association, and the awjird made shall be binding on all
parties, and not subject to appeal.
4IJV Co-Operative Associations. Disputes between members and
otHctirs to be setthid by arbitration, same as in preceding section, and no '^:a
appeal allowed.
414. Lands Taken by Railway. The company is reipiired to serve
a notice upon the party who.se land is to be taken for railway purposes, ml.
which contains
1. A description of the land to Ix^ taken.
2. A declaration of their readiness to pay a certain sum as compensa-
tion or daimiges.
!?. The nauK! of the per.son aj)[)ointed as arbitratoi' of the company, if
their offer is not accepted.
The notice must be accompanied by a certiticate of a sworn land sur-
veyor for Ontario, who nni.st not be interested nor be the arbitrator, that
the land is required for the railway, ami that the sum ort'ertd is, in his
opinion, a fair compensation for the same.
If, within ten days after the .service of such notice, the opposite party
does not notify tlx; com])an3' of his acc(^ptaiice of the sum otletvd, or name
a person whom he appoints as arbitrator, the Judge may upon application
by the company, ap]M)int a sworn suiveyer for Ontario as .sole arbitrator.
But if the ojtposite party, within the specitied time, furnishes the
company the name of his arbitrator, then the two arbitrators shall aniioint
a third, and if they cannot agree on a third arbitrator, thti Judge may, on
application of either paity (one cN'ar day's notice to the other ])arty being
given), appoint the thinl arbitrator.
If till! sum awarded is greater than the company oti'ered, the costs will
b(! borne by the coiiipan\ , but if not greater, then by the opposite party.