1907 DEPARTMENT OF LANDS, FORESTS AND MINES. Udo 



15. All claims, disputes and differences arising under this Act shall 

 be determined by arbitration as hereinafter provided for and not by action 

 or suit at law or in equity. 



16. The person claiming that another person has not complied with 

 the provisions of this Act, or claiming payment of any charges or expenses 

 under this Act, or claiming a lien upon any logs, or claiming damages under 

 section 12, shall give to such other person, notice in writing, stating the 

 substance of the claims made, and appointing an arbitrator and calling 

 upon such other person to appoint an arbitrator within ten days after the 

 service of such notice; if such other person does not, within such ten days, 

 appoint an arbitrator, the Judge of the County or District Court of the 

 county or district, or the Stipendiary Magistrate of the provisional county 

 or the district, as the case may be, in which the logs in connection with 

 which the claim or part of the claim is made, or the major portion of such 

 logs are situate at the time of the service of such notice, shall, on the appli- 

 cation of the nerson giving such notice, appoint a second arbitrator; the 

 two arbitrators so appointed shall, within ten days after the appointment 

 of the said second arbitrator, appoint a third, if such two arbitrators do 

 not within such ten days appoint a third, the said Judgfe or Stipendiary 

 Magistrate shall, on the application of either party, appoint such third 

 arbitrator. 



17. If any arbitrator refuses to act or becomes incapable of acting, or 

 dies, and the parties do not concur in appointing a new arbitrator, the said 

 Judge or Stipendiary Magistrate shall, on the application of either party, 

 appoint such new arbitrator. 



18. The parties may agree that the arbitration shall be by one arbitrator 

 instead of by three, and they may either agree upon the arbitrator or may 

 apply to the said Judge or Stipendiary Magistrate to appoint one. 



19. The person on whom a claim is made and notice of arbitration 

 served, may at any time before the arbitration is entered upon or with 

 leave of the arbitrators during the arbitration, give the claimant notice in 

 writing by way of counterclaim, stating the substance of any claim arising 

 under this Act, which such person may have against the claimant, and 

 such counterclaim, unless barred under section 26, shall be determined in 

 the arbitration and an award made with respect thereto. 



20. The three arbitrators or the sole arbitrator, as the case may be, 

 shall proceed with the arbitration with due despatch, and shall make their 

 or his award in writing, under their or his hand within thirty days from 

 the date of the appointment of such arbitrator, or the last of such three 

 arbitrators, as the case may be. The parties may, bv consent in writinsr, 

 from time to time enlarge the time for making said award, or the said 

 Judge or Stipendiary Magistrate may from time to time, either before or 

 after the expiration of said time, enlarge the time for making said award. 



21. The arbitrators or arbitrator may require the personal attendance 

 and examination upon oath of the parties and their witnesses, and the pro- 

 duction of all books and documents relatiner to the matters in question, and 

 may determine by whom the expense of the arbitration, and the costs of 

 the rtarties shall be paid, and the amount thereof: any costs or expenses 

 pavable to a person having a lien upon logs, by virtue of this Act shall be 

 added to +he amount of such lien. 



22. Chapter 64 of the Revised Statutes of Ontario intituled an Act 

 respectino- the cost of Arbitrations applies to arbitrations under this Act. 



23. The person or persons having a lien upon loj?s by virtue of this Act 

 mav sell the same in order to realize the amount of such lien, and of the 

 costs, charges and expenses connected with the sale. The arbitrators, or 

 arbitrator, shall determine either by their award, or by separate document, 



