Audit of Accounts.

The accounts of the Commissioners of Sewers and the accounts of the Metropolitan Board of Works under these Acts are respectively to be audited in the same manner and with the same power in the officers auditing the same in which the accounts of those bodies, when acting in their capacities of Commissioners of Sewers and Metropolitan Board of Works, are for the time being required to be audited by law.

The accounts of an urban sanitary authority under these Acts are to be audited in the same manner and with the same power in the officers auditing the same in which the accounts of that authority in its character of sanitary authority are for the time being required to be audited by law (38 & 39 Vict. c. 36, sec. 23).

Authentication of Documents.

Any petition or document proceeding from a local authority may be authenticated by their seal where they have a seal, and in any other case by the signature of any two or more members of the local authority, or in such other manner as the confirming authority may require (38 & 39 Vict. c. 36, sec. 24).

Notices.

Any notice required to be served upon the local authority may be lawfully served by delivery to the clerk of the local authority, or by leaving it at his office with some person employed there by him (38 & 39 Vict. c. 36, sec. 25).

The confirming authority may from time to time by order prescribe the forms of advertisements and notices under these Acts. It will not be obligatory on any persons to adopt the forms prescribed, but the forms, when adopted, are to be deemed sufficient for all the purposes of the Acts (38 & 39 Vict. c. 36, sec. 26).

Any notice served by the local authority for the purposes of these Acts may be signed by their clerk (38 & 39 Vict. c. 36, sec. 28).

Dispensation with Notices.

The confirming authority may, on the consideration of a petition of a local authority for an order confirming a scheme, dispense with the publication of any advertisement, or the service of any notice, proof of which publication or service is

not given to them as required by these Acts, where reasonable cause is shown to their satisfaction why the publication or service should be dispensed with. The dispensation may be made by the confirming authority, either unconditionally or upon such condition as to the publication of other advertisements and the service of other notices or otherwise as the confirming authority may think fit, due care being taken by the confirming authority to prevent the interest of any person being prejudiced by the fact of the publication of any advertisement or the service of any notice being so dispensed with (38 & 39 Vict. c. 36, sec. 27).

Penalties.

Where any person obstructs the officer of health or any officer of the local or confirming authority acting in the performance of anything which the local or confirming authority are by these Acts required or authorised to do, that person is liable, on summary conviction, for every offence to forfeit a sum not exceeding £20 (38 & 39 Vict. c. 36, sec. 29).

Saving Clause.

Where in any place to which these Acts apply a local Act is in force providing for objects the same as or similar to the objects of these Acts, the enactments of the local Act may be enforced at the discretion of the local authority either instead of or in concurrence with these Acts; provided that the local authority of any place to which these Acts apply are not, by reason of any local Act within their jurisdiction, to be exempted from the performance of any duty or obligation to which they are subject under these Acts (38 & 39 Vict. c. 36, sec. 30).

PROVISIONS WITH RESPECT TO THE PURCHASE AND TAKING OF LANDS OTHERWISE THAN BY AGREEMENT, AND OTHERWISE AMENDING THE LANDS CLAUSES ACT, 1845.

Deposit of Maps and Plans.

The local authority, as soon as practicable after the passing of the confirming Act, must cause to be made out, and to be signed by their clerk or some other principal officer appointed by them, maps and schedules of all lands proposed to be taken

compulsorily (referred to as the "scheduled lands"), together with the names, so far as the same can be reasonably ascertained, of all persons interested in the lands as owners or reputed owners, lessees or reputed lessees, or occupiers.

The maps made by the local authority must be upon such scale and be framed in such manner as may be prescribed by the confirming authority.

The local authority are to deposit the maps and schedules at the office of the confirming authority, and to deposit and keep copies at their own office (38 & 39 Vict. c. 36. Sched. Rules 1-3).

Appointment of Arbitrator.

After the deposit at the office of the confirming authority of the maps and schedules, the confirming authority, upon the application of the local authority, may appoint an arbitrator between the local authority and the persons interested in such of the scheduled lands, or lands injuriously affected by the execution of the improvement scheme, so far as compensation for the lands has not been made the subject of agreement (38 & 39 Vict. c. 36. Sched. Rule 4).

Declaration by Arbitrator.

Before an arbitrator enters upon an inquiry he must, in the presence of a justice of the peace, 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 the matters referred to me under the provisions of the Artizans and Labourers Dwellings Improvement Act, 1875.

This declaration must be annexed to the award when made; and if the arbitrator, having made the declaration, wilfully acts contrary to it, he will be guilty of a misdemeanour (45 & 46 Vict. c. 54. Sched. Rule Ă.).

Notice by Local Authority.

As soon as the arbitrator has been appointed, the confirming authority are to deliver to him the maps and schedules deposited at their office, and the local authority are to publish once in each of three successive weeks the following particulars:

(1.) The appointment of the arbitrator; and (2.) The deposit at the office of the local authority of the copies of the maps and schedules, with a description of the situation of the office, and a statement of the time at which the copies may be inspected by any person desirous of inspecting them (45 & 46 Vict. c. 54. Sched. Rule 6).

The publication by the local authority of the appointment of the arbitrator and the other particulars, must be made not only by advertisement, but also by placards and handbills affixed in conspicuous places on or near the lands to be taken; by leaving a notice at each house proposed to be taken; and by sending a notice by post to the persons interested in the lands as owners or reputed owners, lessees or reputed lessees, so far as they can reasonably be ascertained (42 & 43 Vict. c. 63. Sched. Rule 1).

Assessment of Compensation.

In every case in which compensation is payable under the Artizans and Labourers Dwellings Improvement Acts by the local authority to a claimant, and which compensation has not been made the subject of agreement (referred to as "a disputed case"), the arbitrator is to ascertain in such manner as he thinks most convenient the amount of compensation demanded by the claimant, and the amount which the local authority may be willing to pay; and after hearing all the parties interested in each disputed case who may appear before him at a time and place of which notice has been given as mentioned below, he is to proceed to decide on the amount of compensation to which he may consider the claimant to be entitled in each case (45 & 46 Vict. c. 54. Sched. Rule C.).

The arbitrator is from time to time to give notice to the claimants in disputed cases by causing the notice to be published or otherwise in such manner as he thinks advisable, of a time and place at which the difference between the claimants and the local authority in disputed cases as to the amount of compensation to be paid will be decided by the arbitrator.

After the arbitrator has arrived at a decision on all the disputed cases brought before him, he is to make an award under his hand and seal. The award will be final, and be binding and conclusive (subject to the provisions concerning an appeal hereafter set out) upon all persons whomsoever, and no such award can be set aside for irregularity in matter of form (45 & 46 Vict. c. 54. Sched. Rules D. and E.).

Power of Arbitrator.

The arbitrator will have the same power of apportioning any rent-service, rent-charge, chief or other rent, payment, or incumbrance, or any rent payable in respect of lands comprised in a lease, as two justices have under the Lands Clauses Consolidation Act, 1845.

Notwithstanding anything in sec. 92 of the Lands Clauses Consolidation Act, 1845, the arbitrator may determine that such part of any house, building, or manufactory as is proposed to be taken by the local authority can be taken without material damage to the house, building, or manufactory, and if he so determine, may award compensation in respect of the severance of the part so proposed to be taken in addition to the value of that part, and thereupon the party interested is required to sell and convey to the local authority that part, without the local authority being obliged to purchase the greater part or the whole of the house, building, or manufactory.

The local authority, or any person interested, if dissatisfied with the determination, may, in the manner hereafter described (see page xciii et seq.), submit the question of whether the part of the house, &c., can be taken without material damage, as well as the question of the proper amount of compensation, to a jury. The notice of intention to appeal must be given within the same time as notice of intention to appeal against the amount of compensation awarded is required to be given (42 & 43 Vict. c. 63. Sched. Rules 2 and 3). See page xciv

Omitted Interests.

The amount of purchase-money or compensation to be paid in pursuance of sec. 124 of the Lands Clauses Consolidation Act, 1845, in respect of any estate, right, or interest in or charge affecting any of the scheduled lands which the local authority have through mistake or inadvertence failed or omitted duly to purchase or make compensation for, is to be awarded by the arbitrator, and be paid, in like manner, as near as may be, as the same would have been awarded and paid if the claim of the estate, right, interest, or charge had been delivered to the arbitrator before the day fixed for the delivery of statements of claims.

If the arbitrator is satisfied that the failure or omission to purchase the estate, right, interest, or charge arose from any default on the part either of the claimant or of the local authority, he may direct the costs to be paid by the party in default (42 & 43 Vict. c. 63. Sched.

Rule 4).