c. 61. the county court from time to time appoints, on the application of the umpire 46 & 47 VICT. or of either party, made before the expiration of the time appointed by or extended under this section. S. 19. The award shall not award a sum generally for compensation, but shall, so far as possible, specify(a.) The several improvements, acts, and things in respect whereof compensation is awarded, and the several matters and things taken into account under the provisions of this Act in reduction or augmentation of such compensation; (b.) The time at which each improvement, act, or thing was executed, done, committed, or permitted; (c.) The sum awarded in respect of each improvement, act, matter, and thing; and (d.) Where the landlord desires to charge his estate with the amount of Award to give particulars. compensation found due to the tenant, the time at which, for the purposes of such charge, each improvement, act, or thing in respect of which compensation is awarded is to be deemed to be exhausted. S. 20. The costs of and attending the reference, including the remuneration Costs of of the referee or referees and umpire, where the umpire has been required to reference. act, and including other proper expenses, shall be borne and paid by the parties in such proportion as to the referee or referees or umpire appears just, regard being had to the reasonableness or unreasonableness of the claim of either party in respect of amount, or otherwise, and to all the circumstances of the case. The award may direct the payment of the whole or any part of the costs aforesaid by the one party to the other. The costs aforesaid shall be subject to taxation by the registrar of the county court, on the application of either party, but that taxation shall be subject to review by the judge of the county court. S. 21. The award shall fix a day, not sooner than one month after the Day for delivery of the award, for the payment of money awarded for compensation, payment. costs, or otherwise. S. 22. A submission or award shall not be made a rule of any court, or be Submission removable by any process into any court, and an award shall not be not to be questioned otherwise than as provided by this Act. removable, &c. S. 23. Where the sum claimed for compensation exceeds one hundred pounds, Appeal to either party may, within seven days after delivery of the award, appeal county court. against it to the judge of the county court on all or any of the following grounds: 1. That the award is invalid; 2. That the award proceeds wholly or in part upon an improper application of or upon the omission properly to apply the special provisions of section three, four, or five of this Act; 3. That compensation has been awarded for improvements, acts, or things, breaches of covenants or agreements, or for committing or permitting waste, in respect of which the party claiming was not entitled to compensation; 4. That compensation has not been awarded for improvements, acts, or and the judge shall hear and determine the appeal, and may, in his discretion, The decision of the judge of the county court on appeal shall be final, save that the judge shall, at the request of either party, state a special case on a question of law for the judgment of the High Court of Justice, and the decision of the High Court on the case, and respecting costs and any other matter connected therewith, shall be final, and the judge of the county court shall act thereon. S. 24. Where any money agreed or awarded or ordered on appeal to be Recovery of paid for compensation, costs, or otherwise, is not paid within fourteen days compensation. after the time when it is agreed or awarded or ordered to be paid, it shall be recoverable, upon order made by the judge of the county court, as money 46 & 47 VICT. ordered by a county court under its ordinary jurisdiction to be paid is c. 61. recoverable. S. 34. Where landlord keeps fixtures "any difference as to the value shall be settled by a reference under this Act as in case of compensation (but without appeal). S. 54. Nothing in this Act shall apply to a holding that is not either wholly agricultural or wholly pastoral, or in part agricultural and as to the residue pastoral, or in whole or in part cultivated as a market garden, or to any holding let to the tenant during his continuance in any office, appointment or employment held under the landlord. c. 26. ALLOTMENTS AND COTTAGE GARDENS COMPENSATION 50 & 51 VICT. c. 26. 50 & 51 VICT. An Act to provide Compensation to the Occupiers of Allotments and Cottage Gardens for Crops left in the Ground at the end of their Tenancies. [8th August, 1887.] Short title. Extent of Act. Commencement of Act. Definitions. 18 & 19 Vict. c. 120. Compensation. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: S. 1. This Act may be cited as the Allotments and Cottage Gardens Compensation for Crops Act, 1887. S. 2. This Act shall not extend to Scotland or Ireland or to the metropolis. S. 3. This Act shall come into force on the first day of January, one thousand eight hundred and eighty-eight, which day is in this Act referred to as the commencement of this Act. S. 4. In this Act "The metropolis" means the city of London and all parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855. "Allotment" means any parcel of land of not more than two acres in extent held by a tenant under a landlord and cultivated as a garden or as a farm, or partly as a garden and partly as a farm. "Cottage garden" means an allotment attached to a cottage. Holding means an allotment or cottage garden. "Tenant means the holder of a holding under a landlord for any term, "Person" includes a body of persons and a corporation aggregate or sole. "Determination of tenancy" means the cesser of a contract of tenancy by effluxion of time or from any other cause. The designations of landlord and tenant shall for the purposes of this Act continue to apply to the parties to a contract of tenancy until the conclusion of any proceedings taken under this Act on the determination of a tenancy. S. 5. Upon the determination of the tenancy of a holding after the commencement of this Act the tenant shall be entitled notwithstanding any agreement to the contrary to obtain from the landlord compensation in money for the following matters and things, that is to say: (a.) For crops, including fruit, growing upon the holding in the ordinary course of cultivation, and for fruit trees and fruit bushes growing thereon, which have been planted by the tenant with the previous consent in writing of the landlord. (b.) For labour expended upon and for manure applied to the holding ALLOTMENTS, ETC. COMPENSATION FOR CROPS ACT, 1887. 831 since the taking of the last crop therefrom in anticipation of a future 50 & 51 VICT. crop. (c.) For drains and for any outbuildings, pigsties, fowlhouses, or other structural improvements made by the tenant upon his holding with the written consent of his landlord. c. 26. from compen sation on S. 6. In the ascertainment of the amount of compensation payable to the Deduction tenant under this Act, any sum due to the landlord in respect of rent or of any breach of the contract of tenancy or wilful or negligent damage committed or permitted by the tenant shall be taken into account in reduction of the amount of compensation. account of rent or breach of contract. if not agreed upon to be S. 7. The landlord and tenant may agree upon the amount and time of payment of compensation to be paid under this Act. If in any case they do Compensation not so agree, the difference shall be settled by an arbitrator. S. 8. If the landlord and tenant concur they may within twenty-eight days after the determination of the tenancy jointly appoint such arbitrator. arbitrator. If they do not concur, such arbitrator shall be appointed in the following manner: settled by an Appointment (1.) The landlord and tenant or either of them may apply personally or in of arbitrator. writing to the justices of the peace, acting for the petty sessional division in which the holding is situated, in petty sessions, and such justices shall upon the receipt of the application appoint one of their number not being interested in the holding, or other competent person not being interested as aforesaid, to act as such arbitrator. (2.) If before award the person so appointed dies or becomes incapable of acting or for seven days after his appointment fails to act the justices shall appoint in manner aforesaid another arbitrator. S. 9. The justices shall in all cases in which it is practicable obtain the Justices if consent of the arbitrator to act without remuneration, and in any case in practicable to which it is impracticable to obtain such consent they shall direct that the appoint person arbitrator shall be paid such moderate sum as they consider will reasonably remunerate him for his time and expenses. S. 10. The arbitrator shall proceed to determine any difference referred to him under this Act within seven days after his appointment. S. 11. The arbitrator, if he shall consider it desirable or necessary so to do, shall have power to call for the production of any document which is in the possession of either party, or which either party can produce, and which to the arbitrator seems necessary for determination of the difference referred to him, and to take the examination of the parties and witnesses on oath and to administer oaths and take affirmations, and if any person so sworn or affirming wilfully and corruptly gives false evidence he shall be guilty of perjury. S. 12. The arbitrator may proceed in the absence of either party after notice given to both parties. S. 13. The award shall be in writing signed by the arbitrator, and shall be ready for delivery within fourteen days after his appointment, or within such extended time not exceeding in the whole twenty-eight days after his appointment as the parties may agree upon in writing. to act as arbi trator without remuneration. Time for com mencement of arbitration. Power for arbitrator to administer oaths. Power to pro ceed in absence of either party. Form of award and time for its delivery. Costs of S. 14. The costs (if any) of and attending the arbitration including the remuneration (if any) of the arbitrator shall be borne and paid by the arbitration. parties in such proportion as to the arbitrator appears just, and the award may direct the payment of the whole or any part of the aforesaid costs by the one party to the other, or may declare that no costs shall be payable. S. 15. The award shall fix a day not sooner than fourteen days after the Day for delivery of the award for the payment of the money awarded for compensa- payment. tion, costs, or otherwise. S. 16. The award shall be final and conclusive in every case; and neither Award to be the submission to arbitration nor the award shall be made a rule of any final. court, or be removable by any process into any court. S. 17. Where any money agreed or awarded to be paid for compensation, Recovery of costs, or otherwise, is not paid within fourteen days after the time when it is compensation agreed or awarded to be paid, it shall be recoverable upon order made by the money. judge of the county court within the district of which the holding is situated, as money ordered to be paid by a county court under its ordinary jurisdiction is recoverable. 50 & 51 VICT. c. 26. No claim to be S. 18. No claim for compensation shall be made under the Agricultural Holdings (England) Act, 1883, for any matter or thing in respect of which a claim for compensation is made under this Act, and in any case in which made under the the provisions of that Act and of this Act conflict the provisions of this Act Agricultural shall prevail. Holdings or thing for which a claim is made under this Act. 50 & 51 VICT. C. 48. ALLOTMENTS ACT, 1887. 50 & 51 VICT. c. 48. S. 3 (2). If a sanitary authority are unable by hiring or purchase by agreement to acquire suitable land sufficient for allotments under this Act for any district or parish at a reasonable price or rent, and subject to reasonable conditions, such authority may petition the county authority of the county in which the district or parish is situate, and the county authority (after such inquiry and procedure as provided in the sections hereinafter incorporated in this Act) may make a provisional order authorizing the sanitary authority to put in force, as respects the land mentioned in the order, the provisions of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same with respect to the purchase and taking of land, otherwise than by agree ment. (3.) The Local Government Board, on the application of any county authority, shall introduce into Parliament a bill confirming provisional orders made under the Act by such county authority, and the sanitary authority petitioning for the order shall be considered as the promoters of such order. (4.) For the purpose of the purchase of land under this section, otherwise than by agreement, sections one hundred and seventy-six, two hundred and ninety-six, and two hundred and ninety-seven of the Public Health Act, 1875, shall, so far as consistent with the tenour of this Act, be incorporated with this Act, and apply as if they were herein re-enacted with the substitution of "the county authority " for "the Local Government Board," and of "any officer of the county authority appointed for the purpose of an inquiry" for inspectors of the Local Government Board." Provided that:(a) Any question of disputed compensation shall be referred to the arbitration of a single arbitrator appointed by the parties, or if the parties do not concur in the appointment of a single arbitrator, then, on the application of either of them, by the Local Government Board, and the remuneration to be paid to the arbitrator appointed by the Local Government Board shall be fixed by that Board: 66 (b) If an arbitrator appointed for the purposes of this Act dies or becomes incapable to act before he has made his award, or fails to make his award within two months after he is appointed, his appointment shall determine, and the determination of the compensation shall be referred to another arbitrator appointed in like manner as if no arbitrator had been previously appointed: Provided always, that the same arbitrator may be re-appointed: (c) An arbitrator appointed under this section shall be deemed to be an arbitrator within the meaning of the Lands Clauses Consolidation Act, 1845, and the Acts amending the same, and the provisions of those Acts with respect to an arbitration shall apply accordingly; and, further, the arbitrator, notwithstanding anything in the said Acts, shall determine the amount of the costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily. HOUSING OF THE WORKING CLASSES ACT, 1890. 53 & 54 VICT. c. 70. PART I.-Acquisition of Land. 53 & 54 VICT. c. 70. S. 20. The clauses of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agreement shall not, except to the Acquisition extent set forth in the Second Schedule to this Act, apply to any lands taken in of land. pursuance of this part of this Act, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said schedule, shall regulate and apply to the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Act in the same manner as if they were enacted in the body thereof; subject to the provisions of this part of this Act and to the provisions following; that is to say, (i.) This part of this Act, shall authorise the taking by agreement of any lands which the local authority may require for the purpose of carrying into effect the scheme authorised by any confirming Act, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the scheme in the confirming Act to be taken compulsorily: (ii.) In the construction of the Lands Clauses Acts, and the provisions in the Second Schedule to this Act, this part of this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking; and the period after which the powers for the compulsory purchase or taking of lands shall not be exercised shall be three years after the passing of the confirming Act. S. 21. (1.) Whenever the compensation payable in respect of any lands or of any interests in any lands proposed to be taken compulsorily in pursuance of this part of this Act requires to be assessed(a) the estimate of the value of such lands or interests shall be based upon the fair market value, as estimated at the time of the valuation being made of such lands, and of the several interests in such lands, due regard being had to the nature and then condition of the property, and the probable duration of the buildings in their existing state, and to the state of repair thereof, without any additional allowance in respect of the compulsory purchase of an area or of any part of an area in respect of which an official representation has been made, or of any lands included in a scheme which, in the opinion of the arbitrator, have been so included as falling under the description of property which may be constituted an unhealthy area under this part of this Act; and () in such estimate any addition to or improvement of the property made after the date of the publication in pursuance of this part of this Act of an advertisement stating the fact of the improvement scheme having been made shall not (unless such addition or improvement was necessary for the maintenance of the property in a proper state of repair) be included, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the lands; and (2.) On the occasion of assessing the compensation payable under any improvement scheme in respect of any house or premises situate within an unhealthy area evidence shall be receivable by the arbitrator to prove(1st) that the rental of the house or premises was enhanced by reason of the same being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the inmates; or (2ndly) that the house or premises are in such a condition as to be a nuisance within the meaning of the Acts relating to nuisances, or are in a state of defective sanitation, or are not in reasonably good repair; or (3rdly) that the house or premises are unfit, and not reasonably capable and, if the arbitrator is satisfied by such evidence, then the compensation- Special provision as to compensation. |