state the course of the proceedings which had been taken, and the evidence relied upon in support of the prayer of the memorial. If a memorial be presented, it will be the duty of the board to hold a local inquiry (as to which see note on sub-section (5), ante, and sub-section (8), infra); this inquiry must, it seems, be held in all cases where a memorial has been presented, even though the provisional order has been made by the Board itself upon appeal from the county council under sub-section (5). This second inquiry by the same body seems to be an unnecessary proceeding, but the language of the present subsection and of sub-section (5) seems to leave no option to the Board, for the provisions of this section, including sub-sections (7) (b), now under consideration, are to apply to an order made by the Board under sub-section (5), is "as if the order had been made by the county council." After (i.e., "immediately after") such inquiry the board must either confirm the order with or without amendment or disallow it.

This decision is final. If such confirmation is made, the order, and if amended as so amended, becomes final, and has the effect of an Act of Parliament. Once confirmed, it cannot be questioned on the ground that the requirements of this Act have not been complied with, or that it is not within the powers of the Act.

The effect of the provisions of this and the preceding sub-sections is to substitute in the case of land which is required for the purposes mentioned in this section, for the established procedure by which land is acquired compulsorily for other public or quasi public purposes, (viz., by means of a provisional order, made by the county council or the Local Government Board, and confirmed by Act of Parliament) a method which will undoubtedly be cheaper where the opposition to the taking of the land is not active, and which will at the same time give opportunity to persons objecting to the taking of the land of putting their objections before competent tribunals, and carrying their opposition as far as is justifiable for the protection of their interests.

SECT. 9.

Note.

(8.) Sections two hundred and ninety-three to two Sub-sect. (8) hundred and ninety-six, and sub-sections (1) and (2) of section two hundred and ninety-seven of the Public Health Act, 1875, shall apply to a local inquiry held by the Local Government Board for the purposes of this section, as if those sections and sub-sections were herein reenacted, and in terms made applicable to such inquiry.

INQUIRIES BY LOCAL GOVERNMENT BOARD.-The powers given by these sections include a power for the Board to make orders as to the costs of inquiries instituted by the board, and as to the parties by whom, or the rates out of which, such costs shall be borne, but this is generally understood to refer to the costs incurred by the Board. The sections

SECT. 9.

Note.

Sub-sect. (9).

also give powers to the inspectors of the Board for the purposes of an inquiry, similar to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of these Acts. The 4 & 5 Will. 4, c. 76, s. 12, and 10 & 11 Vict. c. 109, ss. 20, 21, contain provisions as to the powers of poor law inspectors. Under these sections an inspector may summon any person to be examined before him or to produce and verify on oath any books, contracts, agreements, accounts, or copies of the same (and not in relation to or involv ing any question of title to lands except the property of the local authority). He may examine witnesses on oath or require the party examined to make and subscribe a declaration of the truth of his evidence. Disobedience of any summons, refusing to produce, altering or concealing any books, &c., is a misdemeanour, and evidence falsely given before the inspector is perjury.

Section 297, sub section (1) of the Public Health Act, 1875, requires notice of the purport of any proposed provisional order to be advertised in two successive weeks in a local paper circulating in the district to which such provisional order relates.

Sub-section (2) requires the Board to consider objections made by persons affected by a proposed provisional order, and to hold a local inquiry where the subject matter is one to which a local inquiry is applicable.

The sections referred to will apply in the case of local inquiries held by the Board under sub-sections (5) and (7) (b) of this section. Provisions as to similar inquiries held on behalf of a county council under sub-section (3) of this section are contained in sub-section (12), infra.

(9.) The order shall be carried into effect, when made on the petition of a district council, by that council, and in any other case by the county council.

EXECUTION OF ORDER.-The carrying of the order into effect will involve the settlement and payment of compensation and the execution of such assurances as are necessary to enable possession of the land to be taken. The district council will act in these matters for themselves; but where the land is being acquired for a parish council, though the land must be assured to them (see sub-section (14)), the county council must act, and their expenses will be payable under sub-section (19).

Reference may here be made in particular to section 75 and the following sections of the Lands Clauses Consolidation Act, 1845, which are by sub-section (10), infra, incorporated in any order made under this section. These sections contain provisions as to the conveyance to or vesting in the promoters of the undertaking of the lands taken, upon the deposit by them of the amount of purchase money or compensation in a bank (as provided by the earlier sections of the Act). An adaptation of these provisions may be made in an order under the present section, the district or county council being considered as the promoters of the undertaking,

c. 20.

(10.) Any order made under this section for the SECT. 9. purpose of the purchase of land otherwise than by agree- Sub-sect. (10). ment shall incorporate the Lands Clauses Acts and sections seventy-seven to eighty-five of the Railways Clauses 8 & 9 Vict. Consolidation Act, 1845, with the necessary adaptations, but any question of disputed compensation shall be dealt with in the manner provided by section three of the Allotments Act, 1887, and provisoes (a.), (b.), and (c.) of sub-section (4) of that section are incorporated with this section and shall apply accordingly: Provided that in determining the amount of disputed compensation, the arbitrator shall not make any additional allowance in respect of the purchase being compulsory.

LANDS CLAUSES ACTS.-The Lands Clauses Acts are the 8 Vict c. 18 (1845); the 23 & 24 Vict. c. 106 (1860); the 32 & 33 Vict. c. 18 (1869); and the 46 & 47 Vict. c. 15 (1883). They are set out in Mr. Brooke-Little's "Law of Allotments," pp. 230-306, and in "Lumley's Public Health."

Sections 77 to 85 of the Railways Clauses Consolidation Act, 1845, relate to the rights of owners of mines and minerals lying under or near a railway. These provisions are to be incorporated in orders made by a county council or of the Local Government Board under this section, "with the necessary adaptations." It may be assumed that these adaptations will provide for the body to whom the land will be assured (under sub-section (14)) being substituted for the promoters or the railway company under the incorporated Acts.

COMPENSATION.-An important modification in the procedure under the Lands Clauses Acts is, however, introduced by this sub-section. Any question of disputed compensation is to be dealt with as provided by section 3 of the Allotments Act, 1887. The provisions of that section as to disputed compensation are incorporated with this section, and are as follows:

"Sub-section (4)—

"(a.) Any question of disputed compensation shall be referred to the arbitration of a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator, then on the application of either of them, by the Local Government Board, and the remuneration to be paid to the arbitrator appointed by the Local Government Board shall be fixed by that Board.

"(b.) If an arbitrator appointed for the purposes of the Act dies or becomes incapable to act before he has made his award or fails to make his award within two months after he is appointed his appointment shall determine, and the determina

F

SECT. 9.
Note.

tion of the compensation shall be referred to another arbitrator appointed in like manner as if no arbitrator had been previously appointed: Provided always, that the same arbitrator may be re-appointed.

"(c.) An arbitrator appointed under this section shall be deemed to be an arbitrator within the meaning of the Lands Clauses Act, 1845, and the Acts amending the same, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and further, the arbitrator, notwithstanding anything in the said Acts, shall determine the amount of the costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily."

Attention should be directed to the enactment in the text, that the arbitrator is not to make any additional allowance in respect of the purchase being compulsory. If, however, the full value of the property to the owner or occupier is taken into consideration by the arbitrator, it does not appear that the exclusion of the element of compulsion in fixing the compensation will work hardship.

Sub-sect. (11). (11.) At any inquiry or arbitration held under this section the person or persons holding the inquiry or arbitration shall hear any authorities or parties interested by themselves or their agents, and shall hear witnesses, but shall not, except in such cases as may be prescribed, hear counsel or expert witnesses.

Sub-sect. (12).

INQUIRIES COUNSEL - EXPERT WITNESSES. - This provision applies to inquiries under this section by a county council or the Local Government Board. It does not prohibit parties from appearing by a solicitor.

"Prescribed" bears its usual sense in this Act, viz., "prescribed by order of the Local Government Board." Section 75. Power to hear counsel or expert witnesses would, it is conceived, be prescribed by general order in cases of special difficulty or where the value of the land proposed to be taken is considerable. But there is nothing to prevent the issuing of a special order in any particular case.

(12.) The person or persons holding a public inquiry for the purposes of this section on behalf of a county council shall have the same powers as an inspector or inspectors of the Local Government Board when holding a local inquiry; and section two hundred and ninety-four of the Public Health Act, 1875, shall apply to the costs of inquiries held by the county council for the purpose of

this section as if the county council were substituted for SECT. 9. the Local Government Board.

INQUIRIES BY COUNTY COUNCIL.-By the next sub-section, section 3 of the Allotments Act, 1890, is incorporated with this section as to the taking of land, whether for allotments or otherwise, and is to apply with the "prescribed adaptations." That section requires a county council to appoint a standing committee for the purposes of that Act or the principal Act (the Allotments Act, 1887), and subsection (4) provides that "an inquiry under this Act or the principal Act shall be held by such one or more members of the standing committee or such officer of the county council or other person as the standing committee may appoint to hold the same." The person or persons, therefore, holding a public inquiry on behalf of a county council for the purpose of this section will be appointed by the standing committee of the county council. They are to have the powers of inspectors of the Local Government Board. As to these powers and as to the provisions of section 294 of the Public Health Act, 1875, as to the costs of inquiries, see sub-section (8) and note, ante,

(13.) Sub-section (2) of section two, if the land is Sub-sect. (13). taken for allotments, and whether it is or is not so taken,

sub-sections (5), (6), (7), and (8) of section three of the

c. 48.

Allotments Act, 1887, and section eleven of that Act, 50 & 51 Viet. and section three of the Allotments Act, 1890, are in- 53 & 54 Vict. corporated with this section, and shall with the prescribed c. 65. adaptations, apply accordingly.

APPLICATION OF ALLOTMENTS ACTS.-It seems that the word "taken" in this sub-section must be read as "required," for, as will be seen, some of the enactments which it incorporates impose restrictions upon the taking of by compulsion of lands of a certain character, and would have no application to land already taken.

Sub-section (2) of section 2 of the Allotments Act, 1887, is as follows:-" A sanitary authority shall not under this Act acquire land for allotments save at such price or rent that, in the opinion of the sanitary authority, all expenses, except such expenses as are incurred in making roads to be used by the public, incurred by the sanitary authority in acquiring the land and otherwise in relation to the allotments, may reasonably be expected to be recouped out of the rents obtained in respect thereof,

"For the purpose of this section, the expression reasonable rent' means the rent, exclusive of rates, taxes, and tithe rentcharge, which a person taking an allotment might reasonably be expected to pay, taking one year with another, to a landlord, having regard to the value of similar land in the neighbourhood, to the extent and situation of the allotment, to the expenses of adapting the land to the purposes of the