PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 217 Mode of reference to arbitration.

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PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 217

Mode of reference to arbitration.

217. With respect to arbitrations under this Act, the following regulations
shall be observed; (that is to say,)

(1)Every appointment of an arbitrator under this Act when made on behalf of
the [Ministry of Development or a district council] shall be under their
common seal, and on behalf of any other party under his hand, or if such party
be a corporation aggregate under their common seal:

(2)Every such appointment shall be delivered to the arbitrators, and shall be
deemed a submission to arbitration by the parties making the same:

(3)After the making of any such appointment the same shall not be revoked
without the consent of both parties, nor shall the death of either party
operate as a revocation:

(4)If for the space of fourteen days after any matter by this Act authorised
or directed to be settled by arbitration has arisen, and notice in writing by
one party who has duly appointed an arbitrator has been given to the other
party, stating the matter to be referred, and accompanied by a copy of such
appointment, the party to whom notice is given fails to appoint an arbitrator,
the arbitrator appointed by the party giving the notice shall be deemed to be
appointed by and shall act on behalf of both parties:

(5)If before the determination of any matter so referred any arbitrator dies
or refuses or becomes incapable to act, the party by whom such arbitrator was
appointed may appoint in writing another person in his stead; and if such
party fails so to do for the space of seven days after notice in writing from
the other party in that behalf, the remaining arbitrator may proceed ex parte;
and every arbitrator so appointed shall have the same powers and authorities
as were vested in the arbitrator in whose stead the appointment is made:

(6)If a single arbitrator dies or becomes incapable to act before the making
of his award, or fails to make his award within twenty-one days after his
appointment, or within such extended time (if any) as may 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:

(7) Where there is more than one arbitrator, the arbitrators shall, before
they enter on the reference, appoint by writing under their hands an umpire,
and if the person appointed to be umpire dies or becomes incapable to act, the
arbitrators shall forthwith appoint another person in his stead; and if 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 Local Government Board
[or where the Ministry of Development is a party to the arbitration, the
Ministry of Finance] shall, on the application of any such party, appoint an
umpire:

(8)If 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 may have been duly appointed by them for that purpose, the matters
referred shall be determined by the umpire:

(9)The time for making an award by arbitrators under this Act shall not in any
case be extended beyond the period of two months from the date of submission,
and the time for making an award by an umpire under this Act shall not in any
case be extended beyond the period of two months from the date of the
reference of the matters to him:

<(10)Before any arbitrator or umpire enters on a reference under this Act he shall make and subscribe the following declaration before a justice of the peace; (that is to say,) 


", A.B. do solemnly and sincerely declare that I will faithfully and honestly,
and to the best of my skill and ability, hear and determine the matters
referred to me under the Public Health (Ireland) Act, 1878.

<(11)Such declaration shall be annexed to the award when made; and any arbitrator or umpire who wilfully acts contrary to such declaration shall be guilty of a misdemeanour:


<(12)Any arbitrator, arbitrators, or umpire appointed by virtue of this Act may require the production of such documents in the possession or power of either party as he or they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath:


<(13)The costs of and consequent upon the reference shall be in the discretion of the arbitrator or arbitrators, or (in case the matters referred are determined by an umpire) of the umpire:


<(14)Any submission to arbitration under the provisions of this Act may be made a rule of any of the superior courts, on the application of any party thereto:


<(15)The award of arbitrators or of an umpire under this Act shall be final and binding on all parties to the reference.

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Northern Irish Legislation

PUBLIC HEALTH (IRELAND) ACT 1878 - SECT 217