and Orders," or any Act amending the same, and in Scotland by summary complaint before the sheriff, sheriff substitute, or two justices, or in boroughs before the magistrates, in manner provided by "The Summary Procedure Act, 1864," and in Ireland in manner directed by "The Petty Sessions (Ireland) Act, 1851," and any Act amending the same. Section 38. 41.(c) Any Act, power, or jurisdiction hereby authorised to be done Jurisdiction or exercised by two justices may be done or exercised by the follow- of certain ing magistrates within their respective jurisdiction; that is to say: magistrates. As to England, by the metropolitan police magistrate or other stipendiary magistrate sitting alone at a police court or other appointed place, or by the lord mayor of the city of London, or any alderman of the said city, sitting alone or with others, at the Mansion House or Guildhall; as to Scotland, by the sheriff or sheriff substitute, or by any two magistrates of a burgh; and as to Ireland, by any one or more divisional magistrates of police in the police district of Dublin, and elsewhere by two or more justices of the peace in petty sessions. The Charging Order. being the local authority under the above-mentioned Insert Act, do, by this order under their hands and seal, charge the inheri- description tance or fee of the premises mentioned in the schedule hereto, with of local the payment to yearly on the of the sum of pounds, payable authority. day of for the term of and being in consideration of an expenditure of incurred by him in respect of the said premises. years, pounds SCHEDULE. (c) Sections 39 and 40 apply the Act to Scotland and Ireland. (d) This schedule is repealed by 42 & 43 Vict. c. 64. s. 13, post. Insert description of premises charged. Sched. 3. Dated the FORM MARKED B. Form of Assignment of Charge. To be endorsed on Charging Order. day of I, the within named in pursuance of the Artizans and Labourers Dwellings Act, 1868, and in consideration of pounds this day paid to me, hereby assign to the within-mentioned charge. (Signed) THIRD SCHEDULE. (a) (a) Relates to Scotland. AN ACT TO EXTEND THE POWERS OF THE ARTIZANS DWELL- 42 & 43 VICT. CAP. 64. 15TH AUGUST, 1879. WHEREAS it is expedient to extend and amend the provisions of the 31 & 32 Vict. Artizans and Labourers Dwellings Act, 1868: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in the present parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the Artizans and Labourers Dwellings Act (1868) Amendment Act, 1879, and shall, so far as is consistent with the tenor thereof, be construed together with the Artizans and Labourers Dwellings Act, 1868 (hereinafter referred to as "the Act of 1868"), as one Act. 2. The Act shall apply only to the places named in the first column of Table (A.) in the first schedule annexed hereto, and "local authority," "local rate," and "clerk of local authority" shall mean the "bodies of persons," "rate," and "officer" in that table in that behalf mentioned; and the said table, and the explanation annexed thereto, shall be of the same force as if they were enacted in the body of the Act of 1868 and this Act. c. 130. Short title and construction of Act. 31 & 32 Vict. c. 130. Application of Act, and definition of "local authority," "local rate," and "clerk of local authority." 31 & 32 Vict. c. 130. Officer of health. 3. The term "officer of health" as used in the Act of 1868, shall, as respects any urban sanitary district in England, mean the medical officer of health appointed by the urban sanitary authority of the district under the Public Health Act, 1875, and as respects any urban sanitary district in Ireland shall mean the medical officer 31 & 32 Vict. of health appointed by the urban sanitary authority of the district c. 130. under the Public Health (Ireland) Act, 1878, and shall not include 38 & 39 Vict. any other officer. c. 55. 4. The Lands Clauses Consolidation Act, 1845, and the Lands c. 52. Clauses Consolidation Acts Amendment Act, 1860, except the 8 & 9 Vict. provisions of those Acts with respect to the purchase and taking of lands c. 18, and (a) This Act amends 31 & 32 Vict. c. 130, and is itself amended by 45 & 46 Vict. c. 54, Part II., and 48 & 49 Vict, c. 72. otherwise than by agreement, and with respect to the entry on lands by the promoters of the undertaking, and save so far as any of the provisions of those Acts respectively are expressly varied by, or are inconsistent with the provisions of this Act, are incorporated with the Act of 1868 as amended by this Act, and for the purposes of such incorporation the Act of 1868, as amended by this Act, shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking.(a) 7. (b) In all cases in which the amount of any compensation is, in pursuance of this Act, to be settled by arbitration, the following provisions shall have effect; (namely,) (1) The amount of compensation shall be settled by an arbitrator to be appointed and removable by the Local Government Board; (2) In settling the amount of any compensation (a) The estimate of the value of the premises shall be based on the fair market value as estimated at the time of the valuation being made of such premises, and of the several interests in such premises, due regard being had to the nature and then condition of the property and the probable duration of the buildings in their existing state, and to the state of repair thereof, (c) and without any additional allowance in respect of compulsory purchase; and (b) The arbitrator shall have regard to and make an allowance in respect of any increased value which, in his opinion, will be given to other premises of the same owner by the alteration or demolition by the local authority of the premises; (3) On payment or tender to the person entitled to receive the (a) The Lands Clauses Acts are 8 & 9 Vict. c. 18; 23 & 24 Vict. c. 106; 32 & 33 Vict. c. 18; 46 & 47 Vict. c. 15. (b) Sections 5 and 6 are repealed by the schedule to 48 & 49 Vict. c. 72, post. (c) The words "and all circumstances affecting such value," which originally stood here, are repealed by 45 & 46 Vict. c. 54, s. 9, post. (5) The arbitrator may, by one award, settle the amount or amounts of compensation payable in respect of all or any of the premises included in one or more order or orders made by the local authority; (6) In the event of the death, resignation, or incapacity, refusal, or neglect to act of any arbitrator before he shall have made his award, the local government board may appoint another arbitrator, to whom all documents relating to the matter of the arbitration which were in the possession of the former arbitrator shall be delivered; (7) The arbitrator may, where he thinks fit, on the request of any party by whom any claim has been made before him, certify the amount of the costs properly incurred by such party in relation to the arbitration, and the amount of the costs so certified shall be paid by the local authority; and if within seven days after demand the amount so certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per centum per annum for any time during which the same remains unpaid after such seven days as aforesaid, but no such certificate shall be given where the arbitrator has awarded the same or a less sum than has been offered by the local authority in respect of such claim before the appointment of the arbitrator; (8) The award of an arbitrator shall be final and binding on all parties. 8. Section twenty-three of the Act of 1868 shall apply to the site of any premises purchased by a local authority which the owner has elected to retain under the provisions of this Act. 9. Where the local authority, on default of the owner of any premises, themselves execute the required works, they may sell the old materials and retain the proceeds towards the expenses incurred by them in executing such works, and may recover the balance of such expenses from such owner as a debt due from him by action in any court of competent jurisdiction. The expression "court of competent jurisdiction" shall, for the purposes of this section, be read and have effect as if the debt herein referred to were a simple contract debt, and not a debt or demand created by statute. 10. Any land or premises acquired by any local authority under the Act of 1868 and this Act may from time to time be sold, let, and disposed of in like manner as any other lands acquired for sanitary purposes by such authority, and not needed for the purposes for which they were acquired; but in cases where the approbation of any Government department is required for any such disposal, then only with that approbation.(d) any Section 7. Application of Disposal of c. 130. Local autho 11. A local authority may, where they so think fit, dedicate land acquired by them under the authority of the Act of 1868 and rity may this Act as a highway or other public place. (d) By 45 & 46 Vict. c. 54, Part II., post, power is given to the local authority to purchase houses for the purpose of opening alleys, &c dedicate |