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RAILWAY COMPANIES ARBITRATION ACT 1859

RAILWAY COMPANIES ARBITRATION ACT 1859 - LONG TITLE

An Act to enable Railway Companies to settle their Differences with
other Companies by Arbitration.{1}
[13th August 1859]
Short title.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 1

1. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 2
Railway companies may refer matters to arbitration.

2. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 3
Power to alter or revoke agreements for reference.

3. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 4
Agreements to be carried into effect.

4. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 5
Reference to a single arbitrator.

5. Where the companies agree, the reference shall be made to a
single arbitrator.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 6
Reference to two or more arbitrators.

6. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 7
Appointment of arbitrators by companies.

7. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 8
Appointment of arbitrators by Board of Trade.

8. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 9
Appointment of arbitrators by companies to supply vacancies.

9. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 10
Appointment of arbitrators by Board of Trade to supply vacancies.

10. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 11
Appointment of arbitrator not revocable.

11. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 12
Appointment of umpire by arbitrators.

12. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 13
Appointment of umpire by Board of Trade.

13. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 14
Appointment of umpire by arbitrators to supply vacancy.

14. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 15
Appointment of umpire by Board of Trade to supply vacancy.

15. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 16
Succeeding arbitrators and umpires to have powers of predecessors.

16. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 17
Reference to umpire.

17. 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.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 18
Power for arbitrators, &c. to call for books, &c., and administer
oaths.

18. 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...

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 19
Procedure in the arbitration.

19. Except where and as the companies otherwise agree, the
arbitrator, and the arbitrators, and the umpire respectively may
proceed in the business of the reference in such manner as he and
they respectively shall think fit.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 20
Arbitration may proceed in absence of companies.

20. The arbitrator, and the arbitrators, and the umpire respectively
may proceed in the absence of all or any of the companies in
every case in which, after giving notice in that behalf to the
companies respectively, the arbitrator, or the arbitrators, or the
umpire shall think fit so to proceed.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 21
Several awards may be made.

21. The arbitrator, and the arbitrators, and the umpire respectively
may, if he and they respectively think fit, make several awards,
each on part of the matters referred, instead of one award on all
the matters referred; and every such award on part of the matters
shall for such time as shall be stated in the award, the same
being such as shall have been specified in the agreement for
arbitration, or in the event of no time having been so specified,
for any time which the arbitrator may be legally entitled to fix,
be binding as to all the matters to which it extends, and as if
the matters awarded on were all the matters referred, and that
notwithstanding the other matters or any of them be not then or
thereafter awarded on.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 22
Awards made in due time to bind all parties.

22. The award of the arbitrator, or of the arbitrators, or of the
umpire, if made in writing under his or their respective hand or
hands, and ready to be delivered to the companies within such a
time as the companies agree on, or, failing such agreement, within
thirty days next after the matters in difference are referred to
(as the case may be) the arbitrator, or the arbitrators, or the
umpire, shall be binding and conclusive on all the companies.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 23
Power for umpire to extend period for making his award.

23. Provided always, that (except where and as the companies
otherwise agree) the umpire, from time to time by writing under his
hand, may extend the period within which his award is to be made;
and if it be made and ready to be delivered within the extended
time, it shall be as valid and effectual as if made within the
prescribed period.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 24
Awards not to be set aside for informality.

24. No award made on any arbitration in accordance with this Act
shall be set aside for any irregularity or informality.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 25
Awards to be obeyed.

25. Except only so far as the companies bound by any award in
accordance with this Act from time to time otherwise agree, all
things by every award in accordance with this Act lawfully required
to be done, omitted, or suffered, shall be done, omitted, or
suffered accordingly.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 26
Agreements, arbitrations, and awards to have effect.

26. Full effect shall be given by all the Superior Courts of Law
and Equity in the United Kingdom, according to their respective
jurisdiction, and by the companies respectively, and otherwise, to
all agreements, references, arbitrations, and awards in accordance
with this Act; and the performance or observance thereof may, where
the courts think fit, be compelled by distress infinite on the
property of the companies respectively, or by any other process
against the companies respectively or their respective property that
the courts or any judge thereof shall direct....

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 27
Costs of arbitration and award.

27. Except where and as the companies otherwise agree, the costs of
and attending the arbitration and the award shall be in the
discretion of the arbitrator, and the arbitrators, and the umpire
respectively.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 28
Payment of costs.

28. Except where and as the companies otherwise agree, and if and
so far as the award does not otherwise determine, the costs of and
attending the arbitration and the award shall be borne and paid by
the companies in equal shares; and in other respects the companies
shall bear their own respective costs.

RAILWAY COMPANIES ARBITRATION ACT 1859 - SECT 29
Submission to arbitration may be made a rule of Court, &c.

29. The submission to any arbitration in accordance with this Act
may at any time be made a rule of [the Supreme Court of
Judicature of Northern Ireland], on the application of any party
interested; and the Court may remit the matter to the arbitrator,
or to the arbitrators, or to the umpire, with any directions the
Court think fit.