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INDEX.

ABSENT PARTIES,

compensation to, determined by valuation of surveyor, lx, 106
expenses of valuation, Ixi, 109

if dissatisfied, may have their compensation settled by arbitration, 110
costs of the arbitration, lxi, 111

payment into Court of compensation, lxi, 166

vesting of their interests in the promoters of the undertaking, 168
similar provisions of the L. C. C. (Scotland) Act, 1845, 551, 562
And see SURVEYOR.

ABSOLUTELY ENTITLED,

meaning of the term, 146

payment out to person becoming absolutely entitled, 133, 138, 146-150
in the L. C. C. (Scotland) Act, 1845, 557

And see PAYMENT OUT.

ACCESS,

compensation for damage to access to a river where lands are taken, 118
examples of injury to access, 123-125

to public road, 123

to private road, 124

to waterway or navigable river, 125

ACCESS TO SPECIAL ACT,

provisions of the L. C. C. Act, 1845, as to, 262

provisions of the L. C. C. (Scotland) Act, 1845, 602

ACCOMMODATION,

purchase of lands by agreement for additional accommodation, 31; in
Scotland, 533

sale and re-purchase of such lands, 32; in Scotland, 533

restraint on purchase from parties under disability, 33; in Scotland,

534

accommodation works under the R. C. C. Act, 1845, 310; in Scotland,
638

for the working classes under the Artizans and L. D. Impr. Acts, 331-335

ACTION,

does not lie for anything done under the Special Act, 122
lies for anything done ultra vires, 123

does not lie to recover amount of claim, 41

unless default made in issuing warrant under sect. 68, 131
form of indorsement on writ in this case, 735

lies for mandamus to compel issue of warrant, 41, 84

lies for the amount of compensation awarded, 55, 79, 98, 238
See MANDAMUS, SPECIFIC PERFORMANCE, INJUNCTION.

ADVERSE LITIGATION,

costs of, 173, 183

ADVERTISEMENT,

convening meeting of commoners, 755

AGREEMENT,

purchase of lands by, under the L. C. C. Act, 1845, xlviii, 14

how entered into, 15

nature of, 16

what amounts to abandonment of, 17

specific performance of, 17

persons not absolutely entitled cannot retain to his own use any
portion of the compensation, 159

corresponding provisions of the L. C. C. (Scotland) Act, 1845, 529, 559
by promoters to pay amount claimed, 114, 734

for the purchase of lands for extraordinary purposes, 31, 32, 33

forms of, 699

AMENDS,

tender of amends before action brought for any tortious act, 255
in Scotland, 597

APPEAL,

See ARTIZANS AND L. D. IMPR. ACTS.

APPORTIONMENT,

of rent, charge, or incumbrance, by parties under disability, lxvi, 26; in
Scotland, 531

of copyhold rents, lxvi, 212

of rent-charge, 229; in Scotland, 585

of rent of leaseholds where part only of lands is taken, lxvi, 231; in
Scotland, 587

under the Artizans and L. D. Impr. Acts, 1875-1882, 360

ARBITERS,

powers and duties of, in arbitrations under the L. C. C. (Scotland) Act,
1845, 538-543

ARBITRATION,

right of claimant to demand settlement by, liii, 48
notice in writing by claimant of his desire for, 49

form of such notice, 707

nature of claimant's interest to be stated in the notice, 49

also the amount claimed, 50

mode of service of notice, 50

only as to amount of, but not the right to compensation, 51, 77, 132
course to be pursued to obtain, 57, 58

costs of, 67-75

And see COSTS and OFFER.

submission to, may be made a rule of Court, 81

right to, where absent party is dissatisfied with the valuation of surveyor,
lxi, 110

form of request for, in such case, 733

at what time he can require it, 110

question in such case to be submitted to, 111

costs of, 111

claimant under sec. 68 may demand, lxii, 112

form of notice demanding, 734

settlement by, of the price of superfluous lands, 251

under the Artizans and L. D. Impr. Acts, 358-376; for Scotland, 672

under the Artizans Dwellings Acts, 400

the provisions of the L. C. C. Act, 1845, as to, do not apply to Ireland,
491, 519

special provisions as to, in Ireland, 490-525

And see RAILWAYS ACT (IRELAND).

under the L. C. C. (Scotland) Act, 537–543

See also ARBITErs, Arbitrator, UMPIRE and Award.

ARBITRATOR,

appointment of, liii, 55

request to appoint, form of, 710

forms of appointment of, 711-713

form of notice of appointment, 713

an attempt should be made to concur in the appointment of a single, 56

where a single arbitrator can award, 57

each party on the request of the others shall appoint, 55, 57

appointment must be delivered to, liv, 55, 58

appointment of, irrevocable, 56, 59

course where one party fails to appoint, 56, 59
appointment of umpire by arbitrators, lv, 60, 61
form of, 715

form of request to arbitrators to appoint, 716

death or incapability of single arbitrator before award, 64
form of appointment of new arbitrator in such case, 714
form of notice to appoint such new arbitrator, 714
under Artizans Dwellings Acts, 376, 402

ARBITRATOR-continued.

refusal or neglect of an arbitrator to act, 64
what constitutes refusal or neglect, 64
failure to award, 49, 64, 65

power of, to call for the production of documents, etc., 65

declaration by, before entering on duties, 66

to have regard not only to value but also to damage by severance, etc., 109
extension of time, form of, 716

See also ARBITERS, ARBITRATION, UMPIRE and AWARD.

ARTIZANS DWELLINGS ACTS, 1868 TO 1882, [377-418]

digest of, xcvii-cxv

scope and object of, 377

application of, 379

interpretation of terms in, 381

report by "officer of health," 384

report may comprise a number of houses, 385

copy to be given to owner, 385

order by local authority, 385

forms of order, 759-761

appeal against order, 386

report on representation by householders, 388

enforcement of the same, 389, 405

provisions for enforcement of, 389 et seq.

charges granted by local authority, 393

form of charging order, 760, of assignment of charge, ib.
notices, 396

forms of notices, 759, 761

penalties, 397

application of Acts to Scotland and Ireland, 398, 413

incorporation of certain provisions of the L. C. C. Acts, 399

owner may require local authority to purchase, 400

arbitration under, 400

power to purchase houses for opening alleys, etc., 414

ARTIZANS AND LABOURERS DWELLINGS IMPROVEMENT ACTS,

1875-1882, [324-376]

digest of, lxvii-xcvi

scope and object of, 324, 326

table of amendments of principal Act, 326

application of, 327

scheme by "local authority" as to unhealthy area, 327-335

accommodation for working classes, 331-335

compulsory powers may be exercised before providing the same, 331

confirmation of scheme, 335

execution of scheme, 339

ancillary provisions, 343

medical officer, 343

[blocks in formation]

of lands for land-tax and poor's-rate to be made good until completion of
works, 253

in Scotland, 595

ASSESSMENT OF COMPENSATION,

generally, 45

by justices,

(a) where the compensation claimed does not exceed £50, 47, 114
(b) where the claimant is tenant for a year, or from year to year or
less, 233

(c) procedure in such cases, 52

And see JUSTICES.

by arbitration,

generally, 48, 55

in case of absent parties, 110

under sec. 68 of the L. C. C. Act, 1845, 112, 131

And see ARBITRATION and ARBITRATOR.

by jury,

generally, 82

under section 68 of the L. C. C. Act, 1845, 112, 131
under the Regulation of Railways Act, 1868, 85

And see JURY.

under Artizans and Labourers Dwellings Improvement Acts, 1875 to

1882, 324–376; in Scotland, 672 et seq.

under Artizans Dwellings Acts, 1868 to 1882, 377-418

under Public Health Act, 422 et seq.

under the General Metr. Paving Act, 453 et seq.

in Ireland, 490-525

under the L. C. C. (Scotland) Act, 526-648

AWARD,

failure of arbitrators or umpire for three months to make, lv, 49, 51,

65; in Scotland, 543

or where no final award made, 49, 41

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