Sect. 4. said Acts with respect to lands and rentcharges, so far as the same are applicable in this behalf, shall extend and apply to such grants and to such easements, wayleaves, rights, and privileges as aforesaid respectively. Sections 5-10 of the Act contain savings in respect of lands held by the Admiralty and War Office, the Post Office and other Government Departments, and by lighthouse authorities, which lands can only be entered upon or taken by agreement. The bed and shores of the Thames are not to be interfered with except with the consent of the conservators, nor the foreshores of the country without the consent of the Board of Trade. Lands of the Duchies of Lancaster and Cornwall and of the Crown are also excluded from the compulsory powers of the Act. The works of any undertakers within the meaning of the Electric Lighting Act, 1882, are not to be interfered with. 575 THE LOCAL GOVERNMENT ACT, 1888. 51 & 52 VICT. CAP. 41. An Act to amend the Laws relating to Local Government in therewith. * * [13th August, 1888.] * lands. 65. (1.) A county council may, from time to time, for Sect. 65. the purpose of any of their powers and duties, including those Power to which are to be executed through the standing joint com- acquire mittee, acquire, purchase, or take on lease, or exchange any lands or any easements or rights over or in land, whether situate within or without the county, and may acquire, hire, erect, and furnish such halls, buildings, and offices as they may from time to time require, whether within or without their county. (2.) For the purpose of the purchase, taking on lease, or exchange of such lands, sections one hundred and seventysix, one hundred and seventy-seven, and one hundred and seventy-eight of the Public Health Act, 1875, (a) shall apply as if they were herein re-enacted, and in terms made applicable to the county council. (3.) Where the county council, with the consent of the Local Government Board, sell any land, the proceeds of such sale shall be applied in such manner as the said Board sanction towards the discharge of any loan of the council, or otherwise, for any purpose for which capital may be applied by the council. (a) See ante, pp. 511-514. These sections incorporate the Lands Clauses Acts. Compulsory powers may be obtained by provisional order. "For the purpose of any of their powers."-By section 64 the existing county buildings will pass to the county council, subject to the rights of the quarter sessions and justices to hold Courts in them. Sect. 65. Incorporation of county council. The purposes for which land may be acquired under this Act are not numerous Section 11 gives them the powers of a highway board as to main roads, which powers include the taking of land to widen them. See the Highway Act, 1835, in Appendix. County councils are, however, empowered by various subsequent Acts to take land for the purposes of these Acts, as, for example, The Allotments Act, 1887. See ante, p. 561; The Housing of the Working Classes Act, 1890, post, p. 598; The Isolation Hospitals Act, 1893, post, p. 668; and The Diseases of Animals Act, 1894, post. These statutes, however, contain provisions in respect of the purchase and taking of land. For the compulsory purchase a provisional order is almost invariably required. Land may also be purchased by agreement under the Small Holdings Act, 1892. 79. (1.) The council of each county shall be a body corporate by the name of the county council, with the addition of the name of the administrative county, and shall have per petual succession and a common seal and power to acquire and hold land for the purposes of their constitution without license in mortmain. THE ARBITRATION ACT, 1889. 52 & 53 VICT. CAP. 49. An Act for amending and consolidating the Enactments re- Be it enacted by the Queen's most Excellent Majesty, by and Construction.-This Act repeals the enactments mentioned in the second schedule (see note to section 26, post, p. 596); but inasmuch as several of these are re-enacted in substance, expressions in these repealed Acts which have received judicial construction will be construed according to these previous decisions. See Hodgson v. Bell, 24 Q. B. D. 302, at p. 305. If any part of the Arbitration Act, 1889, is enacted in the same terms as those used in the Common Law Procedure Act, then if decided cases have determined the construction to be placed on the Common Law Procedure Act, the Court must adhere to those decisions when called upon to place a construction upon that part of the Arbitration Act in which the same language is used with regard to the same subjectmatter. In re Keighley, Maxsted and Company and Durant and Company [1893], 1 Q. B. 405, 409. But where larger words are used in this than in the previous Act, the rule is that such larger words were used intentionally and must have a meaning given to them. Hurblatt v. Barnett and Company [1893], 1 Q. B. 77, 79. Application of Act.-This Act applies to arbitrations under all statutes in so far as it is not inconsistent with them (section 24), and it applies to every arbitration commenced after the commencement of this Act (1st January, 1890) under any agreement or order made before the commencement, except pending arbitrations. Section 25, and see In re Williams and Stepney [1891], 1 Q. B. 257. References by Consent out of Court. Sect. 1. sion to be 1. A submission, unless a contrary intention is expressed Submistherein, shall be irrevocable, except by leave of the Court or irrevocable a judge, and shall have the same effect in all respects as if it and to had been made an order of Court. "Submission."-See definition, section 27, pos, p. 596. have effect as an order of court. Sect. 1. Provisions implied in submissions. A submission to arbitration under section 25 of the Lands Clauses Consolidation Act, 1845, was held to be a submission by consent under the Common Law Procedure Act, 1854. Rhodes v. Airedale Drainage Commissioners, 1 C. P. D. 402, and cases cited to section 25 of the Lands Clauses Consolidation Act, 1845, in note " A submission to arbitration," ante, p. 64. It will no doubt be held to be a submission by consent under this Act. "Shall be irrevocable."-This is already provided by section 25 of the Lands Clauses Consolidation Act, 1845. That section gives no power to a Court to revoke, but such power may now exist under this section. See section 25, note "Revocation," ante, p. 65. In determining whether to revoke a submission or not the Court will be bound by the previous decisions, and can only revoke on the grounds for which Courts had power to revoke when the submission was made a rule of Court, In re Smith and Nelson, 25 Q. B. D. 545, 530; and see a recent case, Re Baring Brothers and Company and Doulton and Company, 61 L. J. Q. B. 704. 66 Court or a Judge."-Or Master, see section 21 and Order 54, r. 12A. 66 Same effect as an order of Court."-This does not make the arbitration a "proceeding in the Court" within the meaning of Order 37, r. 5, of the Rules of the Supreme Court, and the Court has no power to order the issue of a commission for the examination of witnesses in an arbitration, nor does it give the Court power to order a party to appoint an arbitrator under an agreement to refer disputes to three arbitrators, one to be appointed by each of the parties and the third by the two so appointed, where one of the parties refuses. Smith and Nelson's Arbitration, 25 Q. B. D. 545. Compare 3 & 4 Will. 4, c. 42, s. 39, and Common Law Procedure Act, 1854, s. 17. 2. A submission, unless a contrary intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule to this Act, so far as they are applicable to the reference under the submission. "A Submission."-See definition, section 27 and note to section 1. In submissions made before the Act these provisions in the First Schedule are deemed to be included, although they may add to the agreement between the parties. In re Williams and Stepney [1891], 1 Q. B. 257. The Lands Clauses Act, 1845 (sections 25-37), contains provisions of a somewhat similar nature to those in the schedule, and these provisions will only be deemed to be included in so far as they are not at variance with those already provided in that statute. See notes to the provisions in the First Schedule. |