INDEX. ABSENT PARTIES, compensation to, determined by valuation of surveyor, lx, 106 if dissatisfied, may have their compensation settled by arbitration, 110 payment into Court of compensation, lxi, 166 vesting of their interests in the promoters of the undertaking, 168 ABSOLUTELY ENTITLED, meaning of the term, 146 payment out to person becoming absolutely entitled, 133, 138, 146-150 And see PAYMENT OUT. ACCESS, compensation for damage to access to a river where lands are taken, 118 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 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, 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 does not lie to recover amount of claim, 41 unless default made in issuing warrant under sect. 68, 131 lies for mandamus to compel issue of warrant, 41, 84 lies for the amount of compensation awarded, 55, 79, 98, 238 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 corresponding provisions of the L. C. C. (Scotland) Act, 1845, 529, 559 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 APPEAL, See ARTIZANS AND L. D. IMPR. ACTS. APPORTIONMENT, of rent, charge, or incumbrance, by parties under disability, lxvi, 26; in 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 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, ARBITRATION, right of claimant to demand settlement by, liii, 48 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 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, 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, 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 form of request to arbitrators to appoint, 716 death or incapability of single arbitrator before award, 64 ARBITRATOR-continued. refusal or neglect of an arbitrator to act, 64 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 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. 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 of lands for land-tax and poor's-rate to be made good until completion of in Scotland, 595 ASSESSMENT OF COMPENSATION, generally, 45 by justices, (a) where the compensation claimed does not exceed £50, 47, 114 (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 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 |