questions ceding sec LXXIV. Any difference of opinion that may Arbitration arise between a local board and any such corpo- under preration, company, commissioners, conservators, trus- tions. tees, or individuals as aforesaid, whether any sewers, drains, culverts, or pipes substituted under the powers of this Act for sewers, drains, culverts, or pipes, constructed or laid down by any local board are equally effectual with those for which they are substituted, or whether the supply, quality, or fall of water in any such reservoir, river, or stream as last aforesaid is injuriously affected by the exercise of powers under this Act (c), may, at the option of the party complaining, be determined by arbitration in the manner herein-before provided (d); And in the latter case the arbitrators shall decide the same questions as to the alleged injury; and the local board shall proceed in the same way as is herein-before provided (e) with regard to arbitrations. in cases of alleged injury to rivers, canals, docks, harbours, and basins. PURCHASE OF LAND. to the pur LXXV. So much of the eighty-fourth section (f) Regulation as of the Public Health Act, 1848, as relates to the in- chase of land. corporation of the Lands Clauses Consolidation Act, 1845, shall be repealed, and the following regulations shall be observed with respect to the pur operates to protect the local board, and leaves the board of directors or managers to settle with their own constituents as to whether they shall or shall not give their consent to the proceedings proposed. (c) It is presumed that this word applies to 11 & 12 Vict. c. 63. (d) See 11 & 12 Vict. c. 63, s. 123, ante, p. 179, and s. 144, ante, p. 201. (e) See ss. 69, 70, ante, pp. 321, 322. (f) Ante, p. 137. Publication of notices. Service of notices. chase of land by local boards for the purposes of this Act; (that is to say,) (1.) The Lands Clauses Consolidation Act, 1845 (c), shall be incorporated with this Act, except the provisions relating to access to the special Act: (2.) The local board, before putting in force any of Publish once at the least in each of three con- Serve a notice in manner herein-after mentioned on every owner or reputed owner (e), lessee (e) 8 & 9 Vict. c. 18. That statute contains two sets of clauses;-one applicable to agreements which enable persons under disability to sell and convey; the other applies to cases where there can be or is no agreement. The local board may adopt the former set by the operation of this clause, but they cannot adopt the latter set without the consent of the secretary of state. See this statute in the Appendix. (d) Sic in statute. Quare, what is omitted, or whether the words is situate should not be struck out? (e) For the meaning of the word owner, see 11 & 12 Vict. c. 63, s. 2, ante, p. 29. But, quære, who is meant by a reputed owner, or reputed lessee? and will a notice upon such reputed or reputed lessee and occupier of such land, By delivery of the same personally on the party By leaving the same at the usual or last known place of abode (g) of such party as aforesaid; or By forwarding the same by post in a registered letter addressed to the usual or last known place of abode of such party: local board (3.) Upon compliance with the provisions herein- Power to before contained with respect to advertisements to petition and notices, the local board may, if they shall secretary of think fit, present a petition under their seal (h) owner or lessee be available where there is a real owner or real lessee who is not served? It seems that the notice must be served upon the owner, lessee, and occupier. But if the local board can select any person as the reputed owner or reputed lessee, there may oftentimes be a failure of due notice to the proper parties. The statute 8 & 9 Vict. c. 18, s. 18, post, does not refer to reputed owners. The notices and other proceedings correspond with those which are required previous to the introduction of a private bill into parliament. (f) This word abroad is not a legal term, but is probably intended to signify beyond seas, or in foreign parts. In the 8 & 9 Vict. c. 18, s. 19, the words used are "absent from the United Kingdom." Difficulty will be felt by the local board in determining who is the agent of the absent party. In that statute the notice in such a case is to be served upon the occupier of the land, or is to be affixed upon some conspicuous part of the land. (g) In explanation of these words, it will be useful to refer to the decisions upon the late County Court Acts and the bastardy clause of 7 & 8 Vict. c. 101, s. 3. (h) Nevertheless, it will be advisable that the petition state upon matters herein stated. Secretary of state may direct inquiry; to one of Her Majesty's principal secretaries of state: The petition shall state the land intended to be taken, and the purposes for which it is required, and the names of the owners, lessees, and occupiers of land who have assented, dissented, or are neuter in respect of the taking such land, or who have returned no answer to the notice: It shall pray that the local board may, with reference to such land, be allowed to put in force the powers of the said Lands Clauses Consolidation Act with respect to the purchase and taking of land otherwise than by agreement, and such prayer shall be supported by such evidence (z) as the secretary of state requires: (4.) Upon the receipt of such petition, and upon due proof (a) of the proper advertisements having been published and notices served, the secretary of state shall take such petition into consideration, and may either dismiss the same, or direct an inquiry in the district in which the land is situate, or otherwise inquire (b) as to should be signed by some of the members, and countersigned by the clerk. (z) Where the Secretary of State has laid down any general regulations as to the evidence to accompany these petitions, they should be attended to as a matter of course, but otherwise the evidence must be supplied afterwards, and according to the specific requisition. The consent of the owners, lessees, and occupiers should, if possible, accompany the petition. (a) Care must be taken to supply all reasonable evidence of these facts, but it is to be presumed that it will not be absolutely necessary that strict legal proof should be supplied. (b) Hence there need not be a local inquiry as a matter of absolute necessity, although the following words require an inquiry in the district before the provisional order be made affecting any land without the consent of the owner. the propriety of assenting to the prayer of such But until such inquiry has been made in make pro order: (5.) After the completion of the inquiry as last and may aforesaid, the secretary of state may, by provi- visional sional order, empower the local board to put in force with reference to the land referred to in such order the powers of the said Lands Clauses Consolidation Act with respect to the purchase and taking of land otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as he may think fit, And it shall be the duty of the local board (c) to serve a copy of any order so made in the manner and upon the person in which and upon whom notices in respect of such land are hereinbefore required to be served (d): visional until confirmed by parliament. (6.) No provisional order so made shall be of any No provalidity unless the same has been confirmed by order valid Act of parliament, and it shall be lawful for the secretary of state as soon as conveniently may be to obtain such confirmation, and the Act confirming such order shall be deemed to be a public general Act of parliament (e): (b) See the next paragraph. (c) This duty will probably be enforced by parliament, as the bill will doubtless not be allowed to pass if the copy of this order shall not have been served. (d) See ante, No. (2). (e) The following appears to be the result of this enactment. |