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In case Parties disagree upon the Terms of new Agreements Lord Lieutenant may appoint Arbitrators.
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XLIX. In case the said Board of Superintendence for the Time being of any such joint Prison shall neglect or refuse to propose such Revisal of the Proportion for the Time being, and either or both of the said Grand Juries, or Grand Jury and Council, as the Case may be, shall resolve that some Revisal of such Proportion ought to be proposed, but shall not agree upon the Terms of such Proposal, or in case the said Board of Superintendence for the Time being of any such joint Prison shall propose some Revisal of such Proportion, and either or both of the said Grand Juries, or Grand Jury and Council, as the Case may be, shall not agree to such Proposal, then and in either of such Cases it shall be lawful for the Lord Lieutenant, upon the Application of either of the said Grand Juries, or Grand Jury and Council, as the Case may be, to appoint any Barrister to be an Arbitrator to determine the Matters in dispute, and such Barrister shall have Power to arbitrate between the Parties; and the said Barrister shall summon the several Clerks of the Peace and the Town Clerks of the several Parties so contracting as aforesaid, the Governor of the said joint Prison, and such other Persons as he may require, to appear before him at a Time and Place to be by him appointed, and there to give Evidence upon Oath (which Oath such Arbitrator shall be empowered to administer), and to produce all Information touching the Matters in dispute; and such Arbitrator may, if he shall think fit, adjourn the Hearing from Time to Time, and require all such further Information to be afforded as shall appear to him to be necessary, and shall, by his Award in Writing, determine the several Matters in dispute, and his Award shall be final and conclusive between the Parties for the Term of Five Years, and also from and after the End of such Term of Five Years until a Proposal for further Revision shall be adopted as aforesaid or Award made, as is herein authorized; and such Arbitrator shall assess the Costs of such Arbitration, and shall direct by whom and out of what Fund the same shall be paid, and the same shall be paid accordingly.
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