THE LANDS CLAUSES (UMPIRE) ACT, 1883.

46 & 47 VICT. CAP. 15.

An Act to amend the Lands Clauses Consolidation Act, 1845.

[18th June, 1883.]

WHEREAS it is expedient that the provisions contained in the Lands Clauses Consolidation Act, 1845, in relation to the 8 & 9 Vict. appointment of umpires should be amended:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :

c. 18.

1. The following words in section twenty-eight of the Sect.1. Lands Clauses Consolidation Act, 1845, are hereby repealed, that is to say, "in any case in which a railway company shall be one party to the arbitration, and two justices in any other case," and that section shall, in relation to the appointment of any umpire under the provisions thereof after the passing of Amendthis Act, apply as if such words were omitted, and the same section shall accordingly be read and have effect as follows:

ment of section 28

of 8 Vict.

c. 18 ex

the power

Trade.

28. If in either of the cases aforesaid the said tending arbitrators shall refuse or shall for seven days after of appointrequest of either party to such arbitration neglect to ment of umpire by appoint an umpire, the Board of Trade shall, on the Board of 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 under this or the special Act, shall be final.

See notes to section 28 of the Lands Clauses Act, 1845.

Sect. 2.

2. This Act may be cited as the Lands Clauses (Umpire) Short title. Act, 1883.

By the Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 23, in any Act passed after the 1st January, 1890, unless the contrary intention appears, "the expression Lands Clauses Acts' shall mean as respects England and Wales, the Lands Clauses Consolidation Act, 1845, the Lands Clauses Consolidation Amendment Act, 1860, the Lands Clauses Consolidation Act, 1869, and the Lands Clauses (Umpire) Act, 1883, and any Acts for the time being in force amending the same." There is one other such Act-The Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. c. 11).

THE PUBLIC HEALTH ACT, 1875, (SUPPORT OF
SEWERS,) AMENDMENT ACT, 1883.

46 & 47 VICT. CAP. 37.

An Act to amend the Public Health Act, 1875, and to make provision with respect to the support of public sewers and sewage works in mining districts.

[25th August, 1883.]

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 this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Public Health Act, 1875, Sect.1. (Support of Sewers,) Amendment Act, 1883, and shall be Short title construed as one with the Public Health Act, 1875, (in this and conAct called the principal Act,) as amended by the Acts for the time being in force amending the same.

2. In this Act,

The expression "sanitary work" means any existing or future building or work constructed by or vested in or under the control of a local authority under the powers or for the purposes of so much of the principal Act or of any general or local Act or Provisional Order as relates to the construction or maintenance of any works of sewerage, drainage, sewage disposal, lighting, or water supply, and includes any fixtures, pipes, fittings, or apparatus connected with any such work, and belonging to or used by the local authority :

The expression "support" includes vertical and lateral support:

The expression "Sanitary Act" means the Act or Provisional Order under the authority of which a sanitary work

struction.

Interpre

tation.

Sect. 2. has been or is constructed or is maintained, whether such Act or Order was passed and confirmed before or after the commencement of this Act:

Applica

tion of

of the

Waterworks

The expression "person" includes a body corporate.

3. The provisions of the Waterworks Clauses Act, 1847, provisions sections eighteen to twenty-seven (both inclusive), with respect to mines, shall, in relation to any sanitary work of a local authority, be deemed to be incorporated with this Act Act, 1847, and with the Sanitary Act under the authority of which such sanitary work has been or is constructed or is maintained, with the following modifications (that is to say):

Clauses

10 & 11

c.

with respect to mines, to sanitary

works over mines.

(1.) For the purposes of such incorporation the said provisions of the Waterworks Clauses Act, 1847, shall be construed as if the expression "the undertakers" referred to the local authority, and as if the expres sion "the special Act" referred to such Sanitary Act and this Act, and as if expressions relating to pipes, conduits, or other works referred to the sanitary work:

(2.) The local authority, by or with any notice under the Waterworks Clauses Act, 1847, of willingness to treat for or make compensation, or of intention to prevent or interfere with the working of any mines, may specify and define the nature and extent of support which they require to be left, and any such notice may extend to minerals beyond the distance of forty yards mentioned in the said Act or to such less distance as the local authority think fit:

(3.) As regards sanitary works existing at the passing of this Act the local authority shall cause the survey and map referred to in section nineteen of the Waterworks Clauses Act, 1847, to be made within twelve months after the passing of this Act:

(4.) The amount of any compensation in respect of support for a sanitary work payable by a local authority

under the provisions of the Waterworks Clauses Sect.3.
Act, 1847, as incorporated with this Act or the
Sanitary Act, together with the costs of and incident
to settling the same by arbitration or otherwise,
shall be paid, charged, and borne in the same
manner, and subject to the same powers and pro-
visions as to borrowing and otherwise, as is provided
with respect to the expenses of the construction or
maintenance of the sanitary work by the Sanitary
Act:

(5.) A local authority may from time to time make agree-
ments with the owners, lessees, or occupiers of or
the persons working any mine for compromising
any claim made or to be made in respect of any-
thing done or omitted before the passing of this Act
in relation to the matters in this Act mentioned or
otherwise for carrying into effect the purposes of
this Act in relation to the past or future working of
mines.

The provisions of this Act shall apply to every sanitary work as defined in this Act, whether the land on, in, over, or under which such work is situate is or is not vested in or occupied by the local authority, and is or is not wholly or partially dedicated to the public as a street, highway, or public place.

The provisions of the Waterworks Clauses Act, 1847, referred to in this section will be found at pp. 392-397, ante. They are in many respects similar to the mining sections in the Railways Clauses Act, 1845, ss. 77-85, ante, p. 358, in the notes to which will be found the cases in respect of mines under public undertakings.

Support. It is to be noticed that this Act only deals with support to sanitary work from mines. The general law of support is left untouched. There are no statutory provisions regulating the support that is to be given to sewers and pipes by land in which there are no mines.

The general law will therefore apply. It should be noticed that the Legislature in enabling local authorities to lay pipes and sewers enables them thereby to acquire a corporeal interest in land and not merely an easement. They acquire the stratum occupied by the sewer or pipe. To this stratum the natural right of support subjacent and adjacent