Sect. 20. The costs of certain orders under this Act, not provided for by that section would probably fall under the above section 20, as, for example, in the event of the promoters having the award set aside as being improperly obtained under section 11 of the Arbitration Act. Exercise of powers As to costs in special cases, see sections 7 and 19, supra. 21. Provision may from time to time be made by rules of by masters Court for conferring on any master, or other officer of the and other Supreme Court, all or any of the jurisdiction conferred by this Act on the Court or a judge. officers. Penalty for perjury. Crown to be bound. Order 54, r. 12A, of the Rules of the Supreme Court provides: “A master of the Supreme Court may exercise all the jurisdiction and powers conferred upon the Court or a judge by the Arbitration Act, 1889." This rule was rule 8 of the Rules of the Supreme Court, December, 1889. Jurisdiction is given to a Court or a judge by sections 1, 3-6, 9, 12-17, and 19. In these cases, therefore, the procedure will be by a summons before a Master in Chambers. Section 11 gives jurisdiction to the Court only, and the application will then be by motion to a judge in Court or to a Divisional Court. 22. Any person who wilfully and corruptly gives false evidence before any referee, arbitrator, or umpire shall be guilty of perjury, as if the evidence had been given in open court, and may be dealt with, prosecuted, and punished accordingly. Where a person tampered with the evidence to be laid before arbitrators, by altering the quality of certain samples, he was held to be guilty of a misdemeanor at common law in having endeavoured to pervert the due course of law and justice, arbitrators being regarded as a tribunal administering public justice, and it did not matter whether or not the samples were in fact used before the arbitrators. Reg. v. Vreones [1891], Î Q. B. 360. 23. This Act shall, except as in this Act expressly mentioned, apply to any arbitration to which Her Majesty the Queen, either in right of the Crown, or of the Duchy of Lancaster or otherwise, or the Duke of Cornwall, is a party, but nothing in this Act shall empower the Court or a judge to order any proceedings to which Her Majesty or the Duke of Cornwall is a party, or any question or issue in any such proceedings, to be tried before any referee, arbitrator, or officer without the consent of Her Majesty or the Duke of Cornwall, as the case may be, or shall affect the law as to Sect. 23. costs payable by the Crown. Applica references 24. This Act shall apply to every arbitration under any tion of Act passed before or after the commencement of this Act as Act to if the arbitration were pursuant to a submission, except in so under far as this Act is inconsistent with the Act regulating the statutory arbitration or with any rules or procedure authorised or recognised by that Act. This Act is not inconsistent with another Act regulating an arbitration if it adds to the enactments in that other statute. The object of the legislature was to add to the remedies open to the parties under a statutory arbitration, and the sole purpose of the exception in section 24 was to prevent the application of the powers conferred upon the Court by this Act to arbitrations under any statute whose provisions either expressly or by reasonable implication excluded the exercise of such powers. The test is whether you can read the provisions of this Act with the other without any conflict between the two. Tabernacle Permanent Building Society v. Knight [1892], A. C. 298, 303, 306. As regards adding to submissions, see section 25, and In re Williams and Stepney [1891], 2 Q. B. 257. As to application and construction of the Act, see note to the preamble, ante, p. 577. powers. 25. This Act shall not affect any arbitration pending at Saving for pending the commencement of this Act, but shall apply to any arbi- arbitratration commenced after the commencement of this Act tions. under any agreement or order made before the commencement of this Act. This Act commences on the 1st January, 1890. Section 29. 66 Any agreement or order" is a larger exprsssion than a "submission" and includes it, and may include matters which could not technically be described as submissions. In re Williams and Stepney [1891], 2 Q. B. 257. This Act may add to a submission a number of things which are not in the submission, unless the intention that they should not be added is expressed in the submission or the contrary prevailed. S. C., and see In re Wilson and Eastern Counties Navigation Company [1892], 1 Q. B. 81. 26. (1.) The enactments described in the second schedule Repeal. to this Act are hereby repealed to the extent therein men Sect. 26. tioned, but this repeal shall not affect anything done or suffered, or any right acquired or duty imposed or liability incurred, before the commencement of this Act, or the institution or prosecution to its termination of any legal proceeding or other remedy for ascertaining or enforcing any such liability. Definitions, (2.) Any enactment or instrument referring to any enactment repealed by this Act shall be construed as referring to this Act. This Act was intended to consolidate and amend. See note to the preamble. The second schedule repeals the whole of 9 Will. 3, c. 15; sections 39-41 of 3 & 4 Will. 4, c. 42,; sections 3-17 of the Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125); sections 57-59 of the Judicature Act, 1873; and part of section 56 of the same Act, namely, from "subject to any rules of Court" down to "as a judgment by the Court," and the words "special referees or," and sections 9-11 of the Judicature Act, 1884. 27. In this Act, unless the contrary intention appears- "Court" means Her Majesty's High Court of Justice. 'Judge " means a judge of Her Majesty's High Court of Justice. "Rules of Court" means the rules of the Supreme Court made by the proper authority under the Judicature Acts. Submission.-Section 25 of the Lands Clauses Consolidation Act, 1845, makes the appointment of an arbitrator thereunder "a submission to arbitration of the party by whom the same shall be made." It is to be deemed a submission by consent. See section 25, note "A submission to Arbitration," ante, p. 64, and section 1 of the Arbitration Act. Judge. By the Rules of the Supreme Court, Order 54, r. 12a, a Master is empowered to exercise the jurisdiction and powers conferred upon the Court or a judge by this Act. Rules of the Supreme Court, December, 1889, r. 8, and see section 21, supra. 28. This Act shall not extend to Scotland or Ireland. Sect. 28. Extent. 29. This Act shall commence and come into operation Comon the first day of January, one thousand eight hundred and menceninety. ment. 30. This Act may be cited as the Arbitration Act, 1889. Short title. THE HOUSING OF THE WORKING CLASSES 53 & 54 VICT. CAP. 70. An Act to consolidate and amend the Acts relating to Artizans and Labourers Dwellings and the Housing of the Working [18th August, 1890.] Classes. This Act repealed and consolidated all the previous Acts dealing with artizans and labourers' dwellings and lodging-houses, except a few sections of the Housing of the Working Classes Act, 1885, which amend the general sanitary law, and the Working Classes Dwellings Act, 1890, an Act to facilitate gifts of land for dwellings of the working classes. It has been amended by the Housing of the Working Classes Act, 1894 (53 & 54 Vict. c. 70), which enables the local authority to borrow money for the purpose of purchasing land or of paying compensation under Part 2 of this Act. The Act is divided into seven parts. Part 1 deals with unhealthy areas; Part 2 with unhealthy dwelling-houses; and Part 3 with working-class lodging-houses. Part 4 contains supplemental provisions; Parts 5 and 6 apply the Act to Scotland and Ireland respectively; and Part 7 deals with repeals and temporary provisions. Parts 1, 2, and 3 enable various local authorities to deal with unhealthy houses, and to provide others, and for the purposes of each of these parts of the Act land may be taken compulsorily, and it should be noticed that the provisions as to compensation are somewhat different as regards each of these parts of the Act. Sect. 3. PART I. 3. This part of this Act shall not apply to rural sanitary districts. The local authority, for the purposes of this part of the Act, is in urban districts the urban district council. In London, in the city, it is the Commissioners of Sewers, and in the county, the London County Council. This part of the Act consolidates and mainly re-enacts the Artizans and Labourers Dwellings Improvement Acts of 1875 (38 & 39 Vict. c. 36), of 1879 (42 & 43 Vict. c. 63), and of 1882 (45 & 46 Vict. c. 54). |