APRIL 27.] THE NEW ZEALAND GAZETTE. 491

32. If in either of the cases aforesaid the said arbitrators shall refuse, or shall for fourteen days after the request of either party to such arbitration neglect, to appoint an umpire, the Governor for the time being of the Colony of New Zealand 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, shall be final.

33. If, when a single arbitrator shall have been appointed, or shall be proceeding ex parte under any of the provisions herein contained, such arbitrator shall die or become incapable to act before he shall have made his award, the matters referred to him shall be determined by arbitration in the same manner as if no such arbitrator had been appointed.

34. If, when more than one arbitrator shall have been appointed, either of the arbitrators refuse or for fourteen 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.

35. If, when 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 three calendar months 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, and the umpire shall make his award within three calendar months after the time when his duties shall commence, or within such extended time (if any) as shall have been appointed for that purpose by the umpire under his hand.

36. The said arbitrator or 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 it 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.

37. The costs of every such arbitration and of the award shall be in the discretion of the arbitrator, arbitrators, or umpire, who may direct to and by whom and in what manner the same or any part thereof shall be paid.

38. The arbitration shall take place and be conducted at Wellington aforesaid, and the arbitrator or arbitrators, or the umpire, as the case may be, shall deliver his or their award in writing to the Postmaster-General, and the Postmaster-General shall retain the same, and shall forthwith, on demand, at his own expense, furnish a copy thereof to the company, and shall at all times, on demand, produce the said award, and allow the same to be inspected or examined by the company or any person appointed by it for that purpose.

39. This submission to arbitration may be made a rule of the Supreme Court of New Zealand, on the application of the Postmaster-General or the company.

In witness thereof the said Postmaster-General hath to these presents hereunto set his hand and seal, and the company has hereunto caused its common seal to be affixed, the day and year first above written.

Signed, sealed, and delivered by the within-named Joseph George Ward (as Postmaster-General of the Colony of New Zealand), in the presence of

W. GRAY,
Secretary, Posts and Telegraphs,
Wellington.

J. G. WARD.

The common seal of the within-named New Zealand Shipping Company Limited was affixed to the before-written instrument, in the presence of

L.S.

LEONARD HARPER, Director.

ISAAC GIBBS, Secretary.

By Authority: GEORGE DIDS BURY, Government Printer, Wellington.