For the purposes of notices required by the principal Act to be served Appndx. upon owners or reputed owners of lands before applying for the consent of the Secretary of State to the taking of lands compulsorily, the term "owner" shall, in relation to premises to be taken for the purposes of this Act, have the same meaning as in the Lands Clauses Consolidation 8 & 9 Vict. Act, 1845.

When the Board have taken any premises under the authority of this Act, they may by writing under their seal authorise the Commissioners of Sewers, the vestry of any parish, the board of works for any district, and any owner to take or use the same for the execution of any flood works in accordance with the provisions of this Act, and thereupon such commissioners, vestry, district board, or owner may for such purpose take and use such premises or any of them, and shall in respect of the same have all and the same powers as though they or he were or was the board.

c. 18.

flood

16. For the purpose of executing any works under the authority of Power to this Act, the board, the Commissioners of Sewers of the City of London, construct the vestry of any parish, the board of works for any district, and any works on owner of premises liable to execute flood works, may, subject to the the shores provisions of this Act, construct any such works through, along, over, or and bed of under the bed and soil and banks and shores of the river Thames: Pro- the river vided always, that no such work shall be constructed in or upon Thames. the bed or shore of the river Thames as defined by the Thames 20 & 21 Conservancy Act, 1857, except with the permission of the conservators Vict. of the said river, and under a license to be granted by the said con- c. cxlvii. servators in accordance with the provisions of the said last-mentioned Act.

*

lands.

18. For the purpose of giving effect to the provisions of this Act, Power to any engineer, surveyor, district surveyor, or other person duly authorised inspect in writing by the Board or by the Commissioners of Sewers of the City of London, or by the vestry of any parish, or by the board of works for any district, or by any owner of premises liable to execute flood works, or the owner of such premises, may enter upon any premises upon which any works executed or to be executed by them or him in pursuance of this Act are or will be situate, for the purpose of inspecting or taking surveys of the same, at any time between the hours of nine o'clock in the forenoon and four o clock in the afternoon; and if any person during such hours refuses to allow such engineer, surveyor. district surveyor, or other officer or person, or any such owner, to enter upon any such premises, or obstructs him in the making of such inspection or survey, such person shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding five pounds for every day after the first day during which he so continues to act in contravention

of this Act.

25. Any person or body who claims compensation for any damage Mode of caused by the execution of any flood works under the authority of this ascerAct, or in respect of any lands or any interest in lands taken or used for taining the purposes of or injuriously affected by the execution of flood works amount of

tion for

damages caused by execution of flood

Appndx. under the authority of this Act, may claim such compensation from the board; and if such person or body and the board do not agree compensa- with respect to such claim, then, and in every such case the validity of such claim and the amount of such compensation (if any) payable in respect thereof shall, on the application of either party, be determined by arbitration by the standing arbitrator hereinafter referred to, subject to and in accordance with the provisions of this Act, and such works, &c. provisions shall be in substitution for the provisions with respect to the tribunal for determining the settlement of questions of disputed compensation contained in the principal Act or any Act incorporated therewith, and the amount of compensation payable in respect of any such claim, when agreed upon or determined as aforesaid, shall be paid by the board as though the same were compensation payable in respect of lands taken under the authority of the principal Act: Provided always, that the owner or occupier of any lands shall not be entitled to any compensation on account of the execution by himself or by any other person or body of any flood works for which such owner is in pursuance of this Act liable to provide upon any lands of which he is the owner or occupier unless after the execution of such lands are permanently injuriously affected thereby, and then only to the extent of such permanent injury.

Powers of

26. When any claim is made for compensation under the authority standing of this Act the standing arbitrator shall have power to decide upon arbitrator the validity of such claim, and to determine what (if any) compen as to sation shall be made to the person or body making such claim, and amount of in adjudicating upon such claims the standing arbitrator shall have compensa- regard to the nature of the flood works with respect to which the

tion.

Appointment of standing

arbitrator.

claim has arisen, the manner in which the same have been executed, the benefit (if any) which has accrued or which may reasonably be expected to accrue to the person or body making such claim by reeson of the execution of such works, and generally to all the circumstances of the case; and the standing arbitrator may, in determining the compensation to be paid for any lands or interest in lands taken or injuriously affected under the authority of this Act, according as he shall think fit, include in or exclude from such compensa tion an allowance in respect of the compulsory powers of this Act, and he may make such order as to the payment of the costs of such arbitration wholly or in part by the board or the claimant, as he shall think just.

27. For the purpose of determining the validity of claims for compensation and the amount of compensation payable in respect of any claim declared to be valid by this Act directed to be settled by arbitration, there shall be an arbitrator, in this Act called the 66 standing arbitrator," appointing and acting as follows: (that is to say,)

(1.) The Secretary of State shall, before the 31st day of December
in the year. 1879, and before the same day of December in
every third succeeding year, by writing under his hand appoint
a standing arbitrator and fix the remuneration to be paid to
him, and every person so appointed shall continue in office
for three years from such 31st day of December in such years
respectively:
(2.) Any standing arbitrator may be removed from his office by the
Secretary of State by writing under his hand :

(3.) If any standing arbitrator during his term of office dies or resigns, or is removed from office, the Secretary of State shall in manner aforesaid, within one month after notice of his death or resignation or removal, appoint another person to be a standing arbitrator in his place, and the person so appointed shall continue in office as long only as the person in whose place he is appointed would have been entitled to continue in office :

(4.) The remuneration of the standing arbitrator shall be paid by the Board.

Before any standing arbitrator enters upon the duties of his office he shall, in the presence of a justice, make and subscribe the following declaration; (that is to say,)

"I, A. B., do solemnly and sincerely declare that I will faithfully and honestly, and to the best of my skill and ability, hear and determine all matters which may from time to time be referred to me under the provisions of the Metropolis Management (Thames River Prevention of Floods) Amendment Act, 1879. A. B." And if the standing arbitrator having made such declaration wilfully acts contrary thereto, he shall be guilty of a misdemeanor.

If any reference is pending before a standing arbitrator at the time when he resigns or goes out of office by effluxion of time, it shall nevertheless be proceeded with by him, and his decision shall have the like effect as if he had not resigned or gone out of office.

Appndx.

28. The standing arbitrator shall appoint a place and time for the Proceedhearing of any matter coming before him, and shall cause six days' ings before previous notice thereof to be given in such manner as he shall think standing proper, and at such place and time shall consider such matter and hear arbitrator. the parties appearing by themselves, their counsel, solicitors, or agents, and take evidence, and the standing arbitrator may administer an oath or affirmation (where an affirmation in lieu of an oath would be admitted in a court of justice) to any person before hearing any evidence from him, and may admit the affidavit or declaration of

any person.

The standing arbitrator, on the application of any party, may by summons require the attendance before him of any person to be examined as a witness before him, and may, on the like application, by summons require any person to bring before him all books, papers, and writings in his possession, custody, or control relating to any matter to be inquired into by the standing arbitrator.

Every person so summoned shall attend the standing arbitrator and answer all questions touching the matter to be inquired into, and bring and produce all papers, books, and writings required according to the tenor of the sunimons; and every such person not attending in obedience to such summons, or refusing to answer such questions, or failing to bring or produce such papers, books, and writings as aforesaid, shall be liable, if the standing arbitrator shall so order, to a penalty not exceeding fifty pounds: Provided that any person so summoned shall not be bound to obey the summons unless a reasonable sum is first paid or tendered to him for his expenses.

Appndx. If any person, on examination on oath or affirmation before the standing arbitrator, or in any affidavit or declaration used before the standing arbitrator, wilfully gives false evidence, he shall be deemed guilty of perjury.

In case any person fail to appear at the time and place appointed for the hearing of any matter by the standing arbitrator, the standing arbitrator may proceed with the hearing of such matter in the absence of such party.

The decision of the standing arbitrator in any arbitratton under this Act shall be final and binding upon the parties to such arbitration. No award made by the standing arbitrator in accordance with this Act shall be set aside for any irregularity or informality.

Sanitary authority

to cause offensive ditches,

drains, &c., to be

cleansed or covered.

THE PUBLIC HEALTH (LONDON) ACT, 1891.

54 & 55 VICT. CAP. 76.

An Act to consolidate and amend the Laws relating to Public Health in
London.
[5th August, 1891.]

The Public Health Act, 1875, does not apply to London except certain sections which by this Act are made applicable. By section 102 of this Act the sections of the Public Health Act, 1875, dealing with the purchase of land (sections 175-178), with arbitration (179-181), and with compensation (section 308), are with others extended to the parish of Woolwich.

to

Section 99 defines the authorities to carry out this Act. They correspond with those carrying out the Metropolis Management Acts. The only sections which deal with compensation for injury to land appear be sections 43 and 44, which reproduce with additions sections 86 and 88 of the Metropolis Management Act, 1855.

43. (1.) Every sanitary authority—

(a.) Shall drain, cleanse, cover, or fill up or cause to be drained, cleansed, covered, or filled up, all ponds, pools, open ditches, drains, and places containing or used for the collection of any drainage, filth, water, matter, or thing of an offensive nature, or likely to be prejudicial to health which may be situate in their district; and

(b.) Shall cause notice to be served on the person causing any such nuisance, or on the owner or occupier of any premises whereon the same exists, requiring him within the time specified in such notice to drain, cleanse, cover, fill up such pond, pool, ditch, drain, or place, or to construct a proper drain for the discharge of such filth, water, matter, or thing, or to execute such other works as the case may require.

(2.) If the person on whom such notice is served fails to comply therewith, he shall be liable to a fine not exceeding five pounds, and a further fine not exceeding forty shillings for each day during which the offence continues; or the sanitary authority, if they think fit, in lieu of

proceeding for a fine, may enter on the premises and execute such works Appndx. as may be necessary for the abatement of the nuisance, and may recover the expenses thereby incurred from the owner of the premises. Provided that:

(a.) The sanitary authority, where they think it reasonable, may defray all or any portion of the said expenses, as expenses of sewerage are to be delayed by that authority; and

(b.) Where any work which a sanitary authority does or requires to be done in pursuance of this section interferes with or prejudicially affects any ancient mill, or any right connected therewith, or other right to the use of water, the sanitary authority shall make full compensation to all persons sustaining damage thereby, in manner provided by the Metropolis 18 & 19 Management Act, 1855; or, if they think fit, may purchase such Vict. mill, or any such right connected therewith, or other right to c. 120. the use of water; and the provisions of the said Act with respect to purchases by the sanitary authority shall be applicable to every such purchase as aforesaid.(a)

(a) See section 225 of the Metropolis Management Act, 1855, ante, p. 793.

(3.) Any person who thinks himself aggrieved by any notice or act of a sanitary authority under this section in relation to the construction, covering, filling up, or other alteration of any drain, may appeal to the county council, whose decision shall be final.'

44. (1.) Every sanitary authority may provide and maintain public Power to lavatories and ashpits and public sanitary conveniences other than sanitary privies, in situations where they deem the same to be required, and authority may supply such lavatories and sanitary conveniences with water, and to provide may defray the expense of providing such lavatories, ashpits, and public consanitary conveniences, and of any damage occasioned to any person by the erection or construction thereof, and the expense of keeping the same in good order, as if they were expenses of sewerage.

(2.) For the purpose of such provision the subsoil of any road, exclusive of the footway adjoining any building or the curtilage of a building, shall be vested in the sanitary authority.

"Sanitary convenience" includes urinals, waterclosets, earthclosets, privies, and any similar conveniences.

66

Ashpit" means any ashpit, dust-bin, ash-tub, or other receptacle for the deposit of ashes or refuse matter.

Such conveniences cannot be erected in places where they will cause a nuisance. (Biddulph v. Vestry of St. George's, Hanover Square, 33 L. J. Ch. 411; Vernon v. Vestry of St. James's, Westminster, 16 Ch. D. 449 ; Sellors v. Matlock Bath Local Board, 14 Q. B. D. 928.) There appears to be no provision for paying compensation to anyone in respect of the subsoil of roads.

veniences.