20 & 21 VICT. Cap. 56. 3. Petitions and applications relative to money consigned under any statute or law, subject to the order, disposal, or direction of the Court of Session; 4. Petitions and applications for the appointment of judicial factors, factors loco tutoris or loco absentis, or curators bonis, or by any such factors or curators for extraordinary or special powers, or for exoneration or discharge; 5. All petitions, applications, and reports under the Act of the twelfth and thirteenth Victoria, chapter fifty-one, intituled "An Act for the better Protection of the Property of Pupils, absent Persons, and Persons under Mental Incapacity, in Scotland." V. Lord Ordinary may consult professional persons or persons of science or skill. The Lord Ordinary before whom any such petition, application, or report shall be enrolled or brought, shall have full power to decide on and dispose of the same, after making such investigation and requiring such assistance from professional persons, or persons of science or of skill, as he shall judge proper, and his judgment upon the merits shall be subject to review in manner hereinafter provided; and the judgment of the Lord Ordinary granting or refusing any such petition or application, or disposing of any such report, unless the same shall be brought under review in manner hereinafter provided, shall be equally valid and effectual as a judgment of either division of the court to the like effect, according to the present law and practice; and all laws and statutes inconsistent herewith are hereby repealed to the effect of rendering the provisions of this Act operative and effectual: provided always, that such Lord Ordinary may in special cases, if he see cause, report such petition or application to the court, who may thereupon dispose of the same, or give such instructions thereanent to the Lord Ordinary as they may deem proper. VI. Review of the Lord Ordinary by interlocutor on merits only allowed.— It shall not be competent to bring under review of the court any interlocutor pronounced by the Lord Ordinary upon any such petition, application, or report as aforesaid, with a view to investigation and inquiry merely, and which does not finally dispose thereof upon the merits; but any judgment pronounced by the Lord Ordinary on the merits, unless where the same shall have been pronounced in terms of instructions by the court on report as hereinbefore mentioned, may be reclaimed against by any party having lawful interest to reclaim to the court, provided that a reclaiming note shall be boxed within eight days, after which the judgment of the Lord Ordinary, if not so reclaimed against, shall be final. THE POLICE (SCOTLAND) ACT, 1858.1-21 & 22 VICT. CAp. 65. 1 Cited as "The Police (Scotland) Act, 1858" (Short Titles Act, 1896). AN ACT TO AMEND AN ACT OF THE LAST SESSION, TO RENDER MORE EFFECTUAL THE Preamble.1 1 Repealed by Stat. Law Rev. Act, 1891, 55 & 56 Vict. c. 19. I. Section 8 of recited Act repealed.1 1 This section is repealed by the Stat. Law Rev. Act, 1875, 38 & 39 Vict. c. 66. II. Power to appoint additional constables to keep the peace on public works. -It shall be lawful for the sheriff of any county within whose jurisdiction the works of any railway, canal, or other public work of a similar nature shall be in progress of construction, upon the application of the company or other parties carrying on any such public work, or of any two justices of the peace of such county usually acting in the district in or through which any such public work may be in the course of construction, to direct from time to time the chief constable of such county to appoint such additional number of constables as such sheriff may think fit for the special purpose of keeping the peace, and for the security of persons and property against crimes and unlawful acts, within the limits of such public works and within a mile therefrom, and such constables so appointed shall be specially charged with such duties, and shall have all the powers, privileges, and duties of other constables appointed under the said recited Act; and such sheriff shall decern the company or other parties carrying on such public works to make payment to the clerk of supply of the county of the wages and allowances of such constables so appointed, at such rate and at such time and in such manner as the sheriff shall appoint: provided always, that the rate so paid shall not exceed the highest rate paid for the time to any other constable of the county; and where the company or other parties carrying on any public work shall refuse or neglect, within fourteen days next after the demand thereof, to pay any such wages and allowances or any part thereof as shall by such sheriff have been directed to be paid, it shall be lawful for such sheriff forthwith to cause the same to be levied, together with the expense of levying the same, by poinding and sale of the goods and effects of the company or other parties liable to pay such wages and allowances.1 1 By 8 & 9 Vict. c. 3, powers were given to the sheriff of a county in which railway (or similar) works were in progress of construction, to appoint fit and proper persons to be "constables or peace officers in and for such county, within the limits of such public works and within a mile therefrom during the construction of such public works," see N.B.R. v. Horne (1847), 9 D. 550. That Act was repealed by sec. 8 of the Police Scotland Act (1857), 20 & 21 Vict. c. 72, which substituted provisions repealed by sec. 1 of this amending Act, and superseded by those of sec. 2. III. Recited Act and this Act to be as one.-The said recited Act and this Act shall be read and construed as one Act. 1858. 21 & 22 VICT. Cap. 75. 22 & 23 VICT. Cap. 59. 1 Cited as CHEAP TRAINS, ETC.1-21 & 22 VICT. Cap. 75. "The Cheap Trains and Canal Carriers Act, 1858" (Short Titles Act, 1896). AN ACT TO AMend the Law RELATING TO CHEAP TRAINS, AND TO RESTRAIN THE Preamble.1 1 Omitted by the Stat. Law Rev. Act, 1892, 55 & 56 Vict. c. 19, I. Fares for portions of a mile. II. Certain rates heretofore charged not to be deemed excessive.1 1 These secs. 1 and 2 are repealed, except as to Ireland, by The Cheap Trains Act, 1883, 46 & 47 Vict. c. 34. III. Canal companies, being also railway companies, not to take leases of canals unless specially authorised. Notwithstanding anything contained in the said recited Act of the ninth year of her Majesty, it shall not be lawful for any canal or navigation company, being also a railway company, or entitled to work any railway constructed under the authority of any Act of Parliament, hereafter to accept a lease of the whole or any part of the undertaking of any other railway and canal company, or of any canal or navigation company, or of the tolls, dues, or charges upon or in respect of the whole or any part of any such undertaking, except under the powers of some Act or Acts heretofore passed or to be hereafter passed in which the parties to any such lease shall be specifically named and authorised to enter into the same. IV. Duration of the Act.1 1 Made perpetual by 23 & 24 Vict. c. 41, which and the above section are repealed by 38 & 39 Vict. c. 66. THE RAILWAY COMPANIES ARBITRATION ACT, 1859.- AN ACT TO ENABLE RAILWAY COMPANIES TO SETTLE THEIR DIFFERENCES WITH 1 By 31 & 32 Vict. cap. 119, sec. 32, secs. 18 to 29 inclusive of this Act are declared applicable to arbitrations by the Board of Trade. As to arbitration between railway companies, see Law of Rlys. pp. 894-896. Preamble.1 1 Omitted by 55 & 56 Vict. c. 19. I. Short title. "Railway companies."-This Act may for all purposes be cited as "Railway Companies Arbitration Act, 1859;" and the expression "railway companies" in this Act extends to and includes all persons being the owners or lessees of, and all contractors working any railway upon which steam power is used. II. Power for railway companies to refer matters to arbitration.-Any two or more railway companies, whether already or hereafter incorporated (in this Act called "the companies "), from time to time, by writing under their respective common seals, may agree to refer and may refer to arbitration, in accordance with this Act, any then existing or future differences, questions, or other matters whatsoever in which they then are or thereafter shall be mutually interested, and which they might lawfully settle or dispose of by agreement between themselves, and may delegate to the person or persons to whom the reference is made any power to determine all or any of the terms of any contract to be made between the companies which the directors of the companies respectively might lawfully delegate to any committees of themselves respectively. III. Power to alter or revoke agreements for reference. The companies jointly, but not otherwise, from time to time, by writing under their respective common seals, may add to, alter, or revoke any agreement for reference in accordance with this Act theretofore entered into between the companies, or any of the terms, conditions, or stipulations thereof. IV. Agreements to be carried into effect.-Every reference or agreement in accordance with this Act, except so far as it is from time to time revoked or modified in accordance with this Act, shall bind the companies, and may and shall be carried into full effect.1 1 See L., C., and D. R.C. v. S. E. R.C. (1888), 40 Ch.D. 100; Watford and Rickmansworth R.C. v. L. and N. W.R. (1869), L.R. 8 Eq. 231; Llanelly Rly. and Dock Co. v. L. and N. W. R.C. (1872), L.R. H.L. 550. V. Reference to arbitrator.-Where the companies agree, the reference shall be made to a single arbitrator. VI. Reference to two or more arbitrators.-Except where the companies agree that the reference shall be made to a single arbitrator, the reference shall be made as follows: to wit, Where there are two companies the reference shall be made to two arbitrators; Where there are three or more companies the reference shall be made to so many arbitrators as there are companies. VII. Appointment of arbitrators by companies.-Where there are to be two or more arbitrators, every company shall by writing under their common seal appoint one of the arbitrators, and shall give notice in writing thereof to the other company or companies. VIII. Appointment of arbitrators by Board of Trade. Where there are to be two or more arbitrators, if any of the companies fail to appoint an arbitrator within fourteen days after being thereunto requested in writing by the other company, or by the other companies or any of them, then, on the application. of the companies or any of them, the Board of Trade, instead of the company so failing to appoint an arbitrator, may appoint an arbitrator; and the arbitrator so appointed shall for the purposes of this Act be deemed to be appointed by the company so failing. IX. Appointment of arbitrators by companies to supply vacancies.-When the reference is made to two or more arbitrators, if before the matters referred to them are determined any arbitrator dies, or becomes incapable or unfit, or for seven consecutive days fails to act as arbitrator, the company by which he was appointed shall by writing under their common seal appoint an arbitrator in his place. 1859. 22 & 23 VICT. Cap. 59. 192 X. Appointment of arbitrators by Board of Trade to supply vacancies.-Where the company by which an arbitrator ought to be appointed in the place of the arbitrator so deceased, incapable, unfit, or failing to act, fail to make the appointment within fourteen days after being thereunto requested in writing by the other company, or by the other companies or any of them, then, on the application of the companies or any of them, the Board of Trade may appoint an arbitrator; and the arbitrator so appointed by the Board of Trade shall for the purposes of this Act be deemed to be appointed by the company so failing. XI. Appointment of arbitrator not revocable. When any appointment of an arbitrator is made, the company making the appointment shall have no power to revoke the appointment, without the previous consent in writing of the other company, or every other company in writing under their common seal. XII. Appointment of umpire by arbitrators.—Where two or more arbitrators are appointed, they shall, before entering on the business of the reference, appoint by writing under their hands an impartial and qualified person to be their umpire. XIII. Appointment of umpire by Board of Trade.-If the arbitrators do not appoint an umpire within seven days after the reference is made to the arbitrators, then, on the application of the companies, or any of them, the Board of Trade may appoint an umpire; and the umpire so appointed shall for the purposes of this Act be deemed to be appointed by the arbitrators. XIV. Appointment of umpire by arbitrators to supply vacancy.-Where two or more arbitrators are appointed, if before the matters referred to them are determined their umpire dies, or becomes incapable or unfit, or for seven consecutive days fails to act as umpire, the arbitrators shall by writing under their hands appoint an impartial and qualified person to be their umpire in his place. XV. Appointment of umpire by Board of Trade to supply vacancy.-If the arbitrators fail to appoint an umpire within seven days after notice in writing to them of the decease, incapacity, unfitness, or failure to act of their umpire, then, on the application of the companies, or any of them, the Board of Trade may appoint an umpire; and the umpire so appointed shall for the purposes of this Act be deemed to be appointed by the arbitrators so failing. XVI. Succeeding arbitrators and umpires to have powers of predecessors.Every arbitrator appointed in the place of a preceding arbitrator, and every umpire appointed in the place of a preceding umpire, shall respectively have the like powers and authorities as his respective predecessor. XVII. Reference to umpire.—Where there are two or more arbitrators, if they do not, within such a time as the companies agree on, or, failing such agreement, within thirty days next after the reference is made to the arbitrators, agree on their award thereon, then the matters referred to them, or such of those matters as are not then determined, shall stand referred to their umpire. XVIII. Power for arbitrators, etc., to call for books, etc., and administer oath.-The arbitrator, and the arbitrators, and the umpire respectively may call for the production of any documents or evidence in the possession or power of the companies respectively, or which they respectively can produce, and which the arbitrator, or the arbitrators, or the umpire shall think necessary for determining the matters referred, and may examine the witnesses of the companies respectively on oath, and may administer the requisite oath; and in Scotland may grant diligence for the recovery of the documents or evidence, and for citing witnesses, and on application to the Lord Ordinary he may issue letters of supplement or other necessary writs in support of the diligence. |