Tweed Fisheries Act 1857

LXXVIII Arbitration in case of Difference. U.K.

If for Fourteen Days after being thereto required in Writing as aforesaid the joint Owners of such Fishery, or any One of them, shall refuse or delay to fix and agree upon the Number of Men, Boats, Nets, and Appurtenances necessary for such Fishery, any One or more of such joint Owners may, by Writing under his Hand, require that all such Matters be referred to Arbitration, and may name an Arbitrator to act on his Behalf, and require each of the other joint Owners to name an Arbitrator to act on his Behalf; and in the event of such joint Owners or any of them refusing or delaying for Fourteen Days after being so required to name such Arbitrator or Arbitrators, any One or more of such joint Owners may apply to the Sheriff or any Justice to appoint a fit and proper Person to act as sole Arbitrator in such Matters, and to decide therein, and to fix the Number of Men, Boats, Nets, and Appurtenances necessary for such Fishery, and the Shares of the several joint Owners in the Produce thereof; and on such Application the Sheriff or Justice shall and he is hereby authorized to appoint such Arbitrator; and the Arbitrators appointed by such joint Owners as aforesaid may choose an Umpire to act in case of their differing in Opinion, and the Decision or Decree Arbitral to be pronounced by such Arbitrators or Umpire, or by any Arbitrator appointed by the Sheriff or Justice, shall be final and not subject to Review in any Court or by any Process whatsoever.