From and after the passing of this Act section forty-nine of the Act of 1838 shall be and the same is hereby repealed, and in lieu thereof the following provisions shall have effect, that is to say, on the appointment by [F1the High Court] of any arbitrator under the provisions of section forty-seven of the said Act, the rate and mode of the remuneration of such arbitrator shall be fixed by the court, and such remuneration and the expenses of such arbitrator, and also the remuneration and expenses of any arbitrator to be appointed under the provisions of the said section forty-seven by the gaveller or deputy gaveller for the time being, and any such person or persons as are in the same section mentioned, shall in the first instance be paid by the gaveller or the [F2Forestry Commissioners] on behalf of the Crown, but the Crown or the gaveller shall in every case be entitled to recover one moiety of such remuneration and expenses from the other party or parties to the arbitration: And the gaveller or deputy gaveller on the one hand, and the other party or parties to the arbitration on the other hand, shall in every case each respectively pay their or his own costs and expenses of and incident to the arbitration.
Textual Amendments
F1Words substituted by virtue of Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1)
F2Words substituted by virtue of S.R. & O. 1924/386 (Rev. V, p. 443: 1924, p. 454), art. 2