Purchase of lands otherwise than by agreement

35 Settlement of arbitration &c.

If the party claiming compensation shall not, as herein before provided, signify his desire to have the question of such compensation settled by arbitration, or if, when the matter shall have been referred to arbitration, the arbiters or their umpire shall for three months have failed to make their or his award, the question of such compensation shall be settled by the verdict of a jury, as herein-after provided.