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arbitrator, may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute, and in such case the award or determination of such single arbitrator shall be final. 34. If, before the matters so referred shall be determined, any arbitrator appointed by either party die or become incapable, the party by whom such arbitrator was appointed, his successors in office, or successors or assigns, may nominate and appoint in writing some other person to act in his place; and if, for the space of fourteen days after notice in writing from the other party for that purpose, he fail to do so, the remaining or other arbitrator may proceed ex parte, and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death or disability as aforesaid. 35. Where more than one arbitrator shall have been appointed such arbitrators shall, before they enter upon the matters referred to them, nominate and appoint, by writing under their hands, an umpire to decide on any such matters on which they shall differ, or which shall be referred to him; and, if such umpire shall die or become incapable to act, they shall forthwith, after such death or incapacity, appoint another umpire in his place, and the decision of every such umpire on the matters so referred to him shall be final. 36. 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 South Wales 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. 37 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. 38. If, where 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. 39. If, where 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. 40. 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 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. 41. 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. 42. The arbitration shall take place and be conducted at Sydney aforesaid, and the arbitrator or arbitrators, or the umpire, as the case may be, shall deliver his or their award in writing to the Post-masters-General, and the Postmasters-General shall retain the same, and shall forthwith, on demand, at their own expense, furnish a copy thereof to the contractors ; and shall at all times, on demand, produce the said award and allow the same to be inspected or examined by the contractors, or any person appointed by them for that purpose. 43. This submission to arbitration may be made a rule of the Supreme Court of Judicature in England or Ireland respectively, or of any division thereof, or of the Court of Session in Scotland, or of the Supreme Court in any of the said colonies, on the application of either the Postmasters-General or the contractors. In witness whereof the said parties to these presents of the first and second parts have hereunto set their hands and seals, and the contractors have hereunto caused their common seal to be affixed, the day and year first above written. Pacific Mail Steamship Company (1.5.) By John Biley, President. Attest— W H. Lane, Secretary

United States of America: City, County, and State of New York. On this fourth day of December, one thousand eight hnndred and seventy-nine, before me personally came W H. Lane, to me personally known, who, being by me duly sworn, said that he resided in the City of New York; that he was the secretary of the Pacific Mail Steamship Company ; that the seal affixed to the foregoing contract is the common seal of said corporation, and was so affixed by authority of said corporation ; and that said deponent signed his name thereto as secretary by like authority (1.5.) David Thomson, Notary Public (3) New York County

Memoeandtjm. "Whbeeas, since the above-written contract was prepared, the above-named John Fitzgerald Burns and James Temple Fisher have respectively ceased to be the Postmasters-General of the respective Colonies of New South Wales and New Zealand: And whereas Francis B. Suttor is the present Postmaster-