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in Schedule I. of the P. H. (L.) A., 1891 (54 & 55 Vict. c. 76), being applied by sect. 129 of that Act. They are also applied by the Housing of the Working Classes Act, 1890, s. 85 (2), to inquiries by the L. G. B. thereunder.

Sects. 293 to 296 of the P. H. A., 1875, are as follows:

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293. The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place, or any matters with respect to which their sanction, approval or consent is required by this Act.

294. The Local Government Board may make orders as to the costs of inquiries or proceedings instituted by, or of appeals to, the said Board under this Act, and as to the parties by whom or the rates out of which such costs shall be borne; and every such order may be made a rule of one of the superior courts of law on the application of any person named therein.

295. All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct.

296. Inspectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have in relation to witnesses and their examination, the production of papers and accounts, and the inspection of places and matters required to be inspected, similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts.

Local Inquiries.-It must be noted that where any local inquiry leads to the making of a Provisional Order, the expenses incidental to the Order are governed by sect. 25 (1) of this Act, and this section would not therefore appear to apply to such cases.

Poor Law Inspectors.-The powers of poor law inspectors will be found in 4 & 5 Will. IV. c. 76, s. 12, and 10 & 11 Vict. c. 109, ss. 20, 21: as to these, see p. 133, ante. It will be observed that the commissioners appointed by the Committee of Council under sect. 15 (3) to prepare Orders and schemes to be settled by the Committee will have like powers.

28-(3.) Where the Local Government Board are authorised by this Act to determine any matter, it shall be at their option to

determine the matter as arbitrators or otherwise, and, if they elect to determine the matter as arbitrators, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Local Government Board and the determination of matters under this Act.

Determination of Matters by the L. G. B.-The matters which the L. G. B. are authorised to determine appear to be the following:— (1.) As to the expenses incidental to the transfer of powers under

sect. 5 (1) and (3) of this Act: see sect. 7 (1) (a) and notes thereon, pp. 63, 65, ante, and p. 83, ante.

(2.) As to the expenses incidental to Provisional Orders: see sect. 28 (1), p. 179, ante, and notes thereon.

(3.) As to the expenses incidental to any proceedings of the L. G. B. under sect. 28 (2) of this Act: see sect. 294 of the Public Health Act, 1875, p. 182, ante, and notes thereon.

Effect of the Section. This sub-section follows sect. 63 of the L. G. A., 1888, as amended by the Local Government (Determination of Differences) Act, 1896. The effect is, that when the L. G. B. are called upon to determine a difference they may at their option proceed as arbitrators, in which case the Acts mentioned as to arbitration will apply, or the Board may adopt the procedure laid down in sect. 87 of the L. G. A., 1888, applied to this Act by sect. 28 (2), ante.

The important difference between the two procedures is, that in the case where the Board proceed as arbitrators, the arbitrator may, by the Arbitration Act, 1889, be required to state a case for the opinion of the High Court, whereas if the Board proceed under sect. 87 of the L. G. A., 1888, the Board do not act as arbitrators.

Regulation of Railways Act, 1868.—The incorporated provisions of the Act of 1868 (31 & 32 Vict. c. 119), respecting arbitration by the Board of Trade, are contained in sects. 30 to 32. For the purposes of this Act read L. G. B. for Board of Trade, &c. The first two lines of sect. 30 are not applicable, inasmuch as, instead of one of the parties requiring the appointment of an arbitrator, the L. G. B. have an option to act as arbitrators or otherwise. The text of the sections is as follows:

30. Whenever the Board of Trade are required to make any award or to decide any difference in any case in which a company is one of the parties, they may appoint an arbitrator to act for them, and his

(Regulation of Railways Act, 1868.)

award or decision shall be deemed to be the award or decision of the Board of Trade.

If the arbitrator dies, or in the judgment of the Board of Trade, becomes incapable or unfit, the Board of Trade may appoint another arbitrator.

31. The Board of Trade may fix the remuneration of any arbitrator or umpire appointed by them in pursuance of this or any other Act in any case where a company is one of the parties, and may, if they think fit, frame a scale of remuneration for arbitrators or umpires so appointed by them, and no arbitrator or umpire so appointed by them shall be entitled to any larger remuneration than the amount fixed by the Board of Trade.

32. The provisions of sections eighteen to twenty-nine, both inclusive, of the Railway Companies Arbitration Act, 1859, shall, so far as is consistent with the tenour thereof, apply to an arbitrator appointed by the Board of Trade, and to his arbitration and award, notwithstanding that one of the parties between whom he is appointed to arbitrate may not be a railway company; and in construing those sections for the purpose of this Act the word "companies" shall be construed to mean the parties to the arbitration.

33. (As to costs. Repealed by 32 & 33 Vict. c. 18, ss. 1 and 2, which see.)

Sects. 18 to 29 of the Act of 1859 (22 & 23 Vict. c. 59) regulate the costs of the arbitration, which places them in the discretion of the arbitrator (sect. 27). Except as otherwise agreed, or determined by the award, the costs are to be borne by the parties in equal shares (sect. 28). No awards can be set aside for informality (sect. 24). Awards are to be obeyed (sect. 25). Several awards may be made on part of matters referred, instead of one award on all (sect. 21). Other sections relate to period and procedure.

Section 29.

DOUBTS.

29. Proceedings in case of doubts as to transfer of powers.]—If any question arises, or is about to arise, as to whether any power, duty, or liability is or is not transferred by or under this Act to the council of any metropolitan borough, or any property is or is not vested in any such council, that question, without prejudice to any other mode of trying it, may, on the application of the council, be submitted for decision to the High Court in such summary manner as, subject to any rules of Court, may be directed by the Court; and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question.

Summary Determination of Doubts as to Transfer.-This section is, mutatis mutandis, the same as sect. 29, L. G. A., 1888, and sect. 70 (1), L. G. A., 1894.

There is no appeal from the High Court to the Court of Appeal hereunder, and the Court will not answer abstract questions on the construction of the Act.

Rules of Court have been made under the sections referred to: see Annual Practice, 1899, Vol. II., Part V., pp. 620 and 621.

Until similar rules have been made, the procedure there provided must be followed.

Section 30.

OFFICERS.

30. Existing officers.]-(1.) Where the powers and duties of any authority are transferred by or under this Act to any borough council, the existing officers of that authority shall be transferred to and become the officers of that council. Any assistant overseers, rate collectors, and other officers employed in the performance of duties of overseers within a borough shall also be transferred to and become officers of the council for that borough. The council may abolish the office of any such officer whose office they may deem unnecessary; but any officer required to perform duties such as are not analogous, or which are an unreasonable addition to those which he is at present required to perform, may relinquish his office, and any officer so relinquishing his office, or whose office is abolished, shall be entitled to compensation under this Act.

Transfer of Officers.-The effect of this section appears to be, that all "existing officers" of any authority whose powers and duties are transferred to the borough council will become ipso facto officers of the council.

Officers who are not existing officers within the meaning of this section will not so become officers of the borough council; but by subsect. 4, p. 194, post, a scheme may apply the provisions of this section to them. As to their being entitled to compensation, see note, p. 187, post, "Officers entitled to Compensation."

Powers and Duties.-Def. sect. 34, Lon. G. A., p. 206, post.

Existing Officers.-Def. sub-sect. (3), p. 193, infra, to mean officers holding office on the 24th February, 1899, and on the 13th July, 1899. Compare this sect. 27 (1) with sect. 81, L. G. A., 1894; sect. 118, L. G. A., 1888; sect. 309, P. H. A., 1875.

Abolition of Office; Relinquishment of Office.-The third sentence in the sub-section follows sect. 119 (3), L. G. A., 1888. The words as to any officer required to perform duties "such as are not analogous

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