Company may erect telephones. Company to make compensation : amount to be determined by arbitration. Governor may make regulations. Governor may purchase Telephones. 4 Any company licensed as aforesaid may erect telephones or posts, or construct works upon, over, under, across, or along any street, road, land, building, railway, canal, or other property, and may alter or remove the same: Provided always that the company shall not be deemed to acquire any right other than that of user only in the soil of any street, road, land, building, railway, canal, or other property under, over, or along which they erect any telephone or posts or construct any work: Provided further that every such erection and construction shall be conducted, carried out, maintained, and performed in strict conformity to the conditions under which the license of the company erecting or constructing the same was granted, and in strict compliance with the regulations for the time being in force touching the erection, construction, and maintenance of works, posts, and telephones. 5 In the exercise of the powers given by the last foregoing section, the company shall do as little damage as may be, and shall make full compensation to all bodies and persons interested for all damage sustained by them, by reason or in consequence of the exercise of such powers: the amount and application of such compensation to be determined by arbitration in the manner hereinafter provided. 6 It shall be lawful for the Governor, with the advice of the Executive Council, to make, and from time to time to repeal, alter, vary, or amend such regulations as he shall consider necessary for any of the following purposes: (1) For the giving of notices by the company to any bodies or persons upon whose property the company may enter, or whose property may be affected in the course of constructing or maintaining any work; (2) For the construction of works upon and under streets and roads; (3) For the removal of works affecting streets and roads ; (4) For the allowing or restraining the opening or breaking up of streets and roads; (5) For the regulation of works affecting municipal, private, or Crown property; (6) For the removal or alteration of works affecting land (7) For determining the obligations and liabilities of the (9) For any other purpose necessary for the proper working 7 It shall be lawful for the Governor, with the advice of the Executive Council, at any time after the erection of a Telephones. telephone or exchange telephone, to purchase the same from the company on behalf of the Ceylon Government; and the company shall, upon receiving six months' previous notice in writing from the Colonial Secretary of the intention of the Government to purchase such telephone or work, sell and transfer the same to the Ceylon Government. In the event of the Government and the company being unable to fix the price to be paid for such telephone or work, the same shall be determined by arbitration in the manner hereinafter provided. 8 When any question of disputed compensation under this Ordinance, or under the regulations for the time being in force under the provisions of this Ordinance, authorized or required to be settled by arbitration, shall have arisen. then, unless both parties shall concur in the appointment of a single arbitrator, each party, on the request of the other party, shall nominate and appoint an arbitrator, to whom such dispute shall be referred; and every appointment of an arbitrator shall be made on the part of the company under the hand of their secretary or clerk, and on the part of any other party under the hand of such party or the agent of such party lawfully authorized in that behalf, and such appointment shall be delivered to the arbitrator, and shall be deemed a submission to arbitration on the part of the party by whom the same shall be made; and after any such appointment shall have been made, neither party shall have power to revoke the same without the consent of the other, nor shall the death of either party operate as a revocation; and if for the space of fourteen days after any such dispute shall have arisen, and after a request in writing in which shall be stated the matter so required to be referred to arbitration shall have been served by the one party on the other party to appoint an arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure the party making the request and having himself appointed an arbitrator may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final. 9 If, before the matters so referred shall be determined, any arbitrator appointed by either party die, or become incapable, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place; and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so, the remaining or other arbitrator may proceed ex parte; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as aforesaid. 10 Where more than one arbitrator shall have been appointed, such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing telephones so erected. Reference to arbitration, and mode of procedure under it. In case of death of arbitrator. Election of umpire, and in case of death of umpire. Appointment of umpire on failure to elect. Arbitrators failing to act. Arbitrators failing to make award. Arbitrators and umpire may call evidence. Declaration to be made by them. Costs of arbitration. Telephones. under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him under the provisions of this Ordinance; and if such umpire shall die or become incapable to act, they shall forthwith after such death or incapacity appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 11 If in either of the cases aforesaid the said arbitrators shall refuse, or shall, for seven days after request to either party to such arbitration, neglect to appoint an umpire, the police magistrate of the district where the matter referred to arbitration occurred, took place, or commenced, shall, on the application of either party to such arbitration, appoint an umpire, and the decision of such umpire on the matters on which the arbitrators shall differ, or which shall be referred to him under this Ordinance, shall be final. 12 If, where more than one arbitrator shall have been appointed, either of the arbitrators refuse or for seven days neglect to act, the other arbitrator may proceed ex parte, and the decision of such other arbitrator shall be as effectual as if he had been the single arbitrator appointed by both parties. 13 If, where more than one arbitrator shall have been appointed, and where neither of them shall refuse or neglect to act as aforesaid, such arbitrators shall fail to make their award within twenty-one days after the day on which the last of such arbitrators shall have been appointed, or within such extended time (if any) as shall have been appointed for that purpose by both such arbitrators under their hands, the matters referred to them shall be determined by the umpire to be appointed as aforesaid. 14 The said arbitrators or their umpire may call for the production of any documents in the possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties or their witnesses on oath, and administer the oaths necessary for that purpose. 15 Before any arbitrator or umpire shall enter into the consideration of any matters referred to him, he shall in the presence of a justice of the peace make and subscribe the following declaration; that is to say, I, 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 provisions of the Ordinance. Made and submitted in the presence of (Signed) A. B. Justice of the Peace. 16 All the costs of any such arbitration and incident thereto to be settled by the arbitrators shall be borne by the company, unless the arbitrators shall award the same or a less sum than shall have been offered by the company, in which Law Officers of the Crown. case each party shall bear his own costs incident to the arbitration, and the costs of the arbitrators shall be borne by the parties in equal proportions. 17 The arbitrators shall deliver their award in writing to the company, and the said company shall retain the same, and shall forthwith, on demand, at their own expense, furnish a copy thereof to the other party to the arbitration, and shall at all times, on demand, produce the said award, and allow the same to be inspected or examined by such party or any person appointed by him for that purpose. 18 The submission to any such arbitration may, on the application of either of the parties, be made a rule of the district court of the district where the matter referred to arbitration occurred, took place, or commenced. 19 No award made with respect to any question referred to arbitration under the provisions of this Ordinance shall be set aside for irregularity or error in matter of form. 13th December, 1882. Custody and record of award. Submission to arbitration may be made rule of court. Irregularity or error of form in award. No. 1 of 1883. An Ordinance relating to the Law Officers of the Crown and to Deputies to the Queen's Advocate. HEREAS it is expedient to alter the official designations of the Law Officers of the Crown, now known as the Queen's Advocate and the Deputy Queen's Advocate for the Island, and the designations of the several deputies to the Queen's Advocate for circuits and provinces : Be it enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows: 1 The Law Officers of the Crown now designated as the "Queen's Advocate" and the "Deputy Queen's Advocate for the Island" shall, after the passing of this Ordinance, be designated, respectively, the "Attorney-General" and the "Solicitor-General," any law or usage in this colony to the contrary notwithstanding. 2 Whenever the words "Queen's Advocate" or "Deputy Queen's Advocate for the Island" occur in any Ordinance, Proclamation, Regulation, Enactment, document, or other writing, or in any judicial proceeding or legal process heretofore made or taken, such words shall be held and construed, respectively, to refer to and mean the AttorneyGeneral and the Solicitor-General, as the Law Officers of the Crown are by this Ordinance designated, and all acts, matters, or things which before the passing of this Ordinance might or could be done or transacted by the Queen's Advocate or Deputy Queen's Advocate for the Island shall E *39-00 "Attorney-General " Deputies to the Advocate to be called "Crown Counsel." Commencement of Ordinance. Law Officers of the Crown. in the same manner be done and transacted by the said Law Officers under the said designation of the Attorney-General and the Solicitor-General, and all rights, precedence, powers, privileges, and authority which at the passing of this Ordinance belonged to, vested in, or were exercised by the Queen's Advocate or Deputy Queen's Advocate for the Island shall belong to, vest in, and be exercised by the said Law Officers of the Crown, respectively, by and under the designation of Attorney-General and Solicitor-General aforesaid. 3 In all future editions of any Ordinance, Proclamation, Regulation, Enactment, or other public document in which the words "Queen's Advocate" or "Deputy Queen's Advocate for the Island" shall appear, the words " Attorney-General " and "Solicitor-General," respectively, may be inserted and printed in lieu thereof. as 4 The officers heretofore known or designated deputies to the Queen's Advocate for circuits and provinces shall hereafter be called and known as "Crown Counsel," and all acts, matters, and things which before the passing of this Ordinance might or could be transacted by any deputy to the Queen's Advocate shall in the same manner be done and transacted by him under the designation of Crown Counsel, and in all future editions of any Ordinance or Enactment in which the words "deputy to the Queen's Advocate" shall appear as referring and applicable to any deputy to the Queen's Advocate, the words "Crown Counsel may be inserted and printed in lieu thereof. 5 This Ordinance shall come into operation on the first day of January, 1884. 24th October, 1883. |