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made the authorities interested may make agreements for the purpose, and in default of an agreement, and so far as it does not extend, the adjustment shall be referred to arbitration. (See Rochdale Union and Haslingden Union [1898] 2 Q. B. 206; Re Godstone Urban Council and Caterham Urban Council [1903] 1 K. B. 554.)


The Lunacy Act, 1890 (53 Vict. c. 5), s. 244, pro- Lunacy vides for arrangements between county councils and Act, 1890. borough councils as to the cost of a county asylum being settled by arbitration under the Local Government Act, 1888.

By section 42 of the Coal Mines Regulation Act, 1887 (50 & 51 Vict. c. 58), if any inspector find a mine or any part thereof, or any matter, thing, or practice in or connected with such mine, to be dangerous or defective so as to threaten or tend to the bodily injury of any person, he may give notice thereof in writing to the owner, stating the particulars in respect of which he considers it defective, and requiring the same to be remedied. If the owner objects to remedy the matter he may send his objection in writing to a Secretary of State, and thereupon the matter shall be determined by arbitration, as provided in section 47. (Re Secretary of State for Home Department and Fletcher, 18 Q. B. D. 339; 56 L. J., Q. B. 177.) A later Act makes provision for the workmen being represented at such arbitration. (59 & 60 Vict. c. 43, s. 2.)

Coal Mines

Act, 1887.


Many of the Acts affecting only the Metropolis con- The Metrotain provisions as to arbitration. The Metropolis Local politan Acts. Management Act, 1855 (18 & 19 Vict. c. 120), provides that the amount of compensation to be made under that Act by the Metropolitan Board or any vestry or district board shall, if the compensation claimed exceed 50l., be settled by arbitration in accordance with the provisions of the L. C. C. Act, 1845 (s. 225). The London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), provides that where



Housing of
Act, 1890.

disputes arise between a building owner and an adjoining owner as to the right to do and the time and manner of doing any work contemplated by the building owner, unless the parties concur in selecting one surveyor, they are each to appoint one, and those two appoint a third, and such one surveyor or three surveyors, or any two of them, shall settle the matter in dispute (s. 91). The Act also provides for reference of differences between the County Council and the owner of a dangerous structure (s. 107). The Metropolis Gas Act, 1860 (23 & 24 Vict. c. 125), provides for the settlement of disputes between a local authority and the gas company, as to the alteration in the test or the rate to be charged for lighting any public lamp, by arbitration under the Companies Clauses Consolidation Act, 1845 (s. 38). The Metropolis Water Act, 1871 (34 & 35 Vict. c. 113), enables disputes in relation to the execution of that Act to be determined by arbitration under the Companies Clauses Consolidation Act, 1845 (s. 43). And the Metropolis Water Act, 1902 (2 Edw. 7, c. 41), provides for the transfer to the Water Board of the undertakings of the Water Companies of the Metropolis upon payment of a consideration to be fixed by the Court of Arbitration constituted by the Act (ss. 2, 23).

The several Acts for providing better habitations for the working classes have been consolidated in the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), which enables a local authority to prepare a scheme for the improvement of areas, including groups of streets and houses, and to purchase the land required for the scheme, the compensation to be paid for such land to be settled by an arbitrator to be appointed and removable by the Local Government Board (s. 41, schedule 2). An arbitrator under this Act can only assess the amount of compensation, and has no power to decide the question of the right to compensation. (Wilkins v. Mayor, &c.

of Birmingham, 25 Ch. D. 78; 32 W. R. 118; 49 L. T. 468; 53 L. J., Ch. 93.)



The Building Societies Act, 1874 (37 & 38 Vict. c. 42), Building provides (s. 16) that the rules of each society shall set forth whether disputes between the society and any of its members shall be settled by reference to the county court, to the Registrar of Friendly Societies, or to arbitration, and enacts (s. 34) that where the rules of a society direct disputes to be referred to arbitration, arbitrators shall be named and elected in the manner such rules provide, or, if there be no such provision, at the first general meeting of the society, none of the said arbitrators being beneficially interested, directly or indirectly, in its funds; of whom a certain number, not less than three, shall be chosen by ballot in each such case of dispute, the number of the said arbitrators and mode of ballot being determined by the rules of the society. (And see s. 36.)

In the case of the Municipal Building Society v. Kent (9 App. Cas. 260; 53 L. J., Q. B. 290) the House of Lords decided that "disputes" was not restricted to disputes between the society and a member in his capacity as member, but extended to disputes and claims between the society and a member in his capacity of mortgagor of the society, so that the society could not enforce their security against a mortgagor member by action on the covenant, but only by sale. In consequence the Building Societies Act, 1884 (47 & 48 Vict. c. 41), was passed, which, by section 2, enacted that "the word 'disputes' in the Building Societies Acts, or in the rules of any society thereunder, shall be deemed to refer only to disputes between the society and a member, or any representative of a member in his capacity of a member of the society, unless by the rules for the time being it shall be otherwise expressly provided; and in the absence of such express provision, shall not apply to any dispute between.


any such society and any member thereof, or other person whatever, as to the construction or effect of any mortgage deed, or any contract contained in any document other than the rules of the society, and shall not prevent any society, or any member thereof, or any person claiming through or under him, from obtaining in the ordinary course of law any remedy in respect of any such mortgage or other contract to which he or the society would otherwise be by law entitled." (Western Suburban, &c. Building Society v. Martin, 17 Q. B. D. 609; 55 L. J., Q. B. 382.) A claim by a society against one of its officers, for misappropriating moneys, is not a dispute with him "in his capacity of a member." (Municipal Building Society v. Richards, 39 Ch. D. 372; 58 L. J., Ch. 8.) A member who has given notice of withdrawal remains a member for the purpose of a reference. to arbitration. (Davies v. Second Chatham, &c. Building Society, 61 L. T. 680; Walker v. General Mutual, &c. Building Society, 36 Ch. D. 777; 57 L. T. 574.)

The arbitrators may be appointed by the society after the dispute has arisen. (Norton v. Counties, &c. Building Society [1895] 1 Q. B. 246; 43 W. R. 178; overruling Christie v. Northern Counties, &c. Building Society, 43 Ch. D. 62; 61 L. T. 796.) And the effect of a rule that disputes between the society and its members shall be settled by arbitration ousts the jurisdiction of the court with reference to such disputes. (lb.; Wright v. Monarch Investment Building Society, 5 Ch. D. 726; 46 L. J., Ch. 649; Hack v. London Provident Building Society, 52 L. J., Ch. 541; 23 Ch. D. 103; Municipal Building Society v. Kent, 9 App. Cas. 260; Johnson v. Altrincham Building Society, 49 L. T. 568.) 1874 does not apply to societies established under the old Act (6 & 7 Will. 4, c. 32), and not having obtained a certificate of incorporation under the Act of 1874 (Mulkern v. Lord, 4 App. Cas. 182; 48 L. J., Ch. 745),

The Act of

and a rule of such a society for reference to arbitration does not apply to disputes involving the adjustment of rights created by a mortgage. (Ib.; Buckle v. Lordonny, 56 L. J., Ch. 437; 56 L. T. 273.) In any case the arbitrators have only power to determine disputes between a society and its members, and they have no power to determine a disputed question as to whether or not a person is a member. (Prentice v. London, 44 L. J., C. P. 353; L. R., 10 C. P. 679.)


The High Court of Justice has no jurisdiction either to enforce or set aside the award. The Act (37 & 38 Vict. c. 42) provides that whatever award shall be made by the arbitrators, or the major part of them, shall determine the dispute; and should either of the parties to the dispute refuse or neglect to comply with or conform to such award within a time to be limited therein, the court (which means the county court of the district in which the chief office of the society is situate) (s. 4), upon proof of such award having been made, and of the refusal of the party to comply therewith, shall enforce compliance with the same upon the petition of any person concerned (s. 34). Every determination by arbitrators of a dispute shall be binding and conclusive on all parties, and shall be final to all intents and purposes, and shall not be subject to appeal, and shall not be removable into any court of law or restrained by injunction; but the arbitrators may state a case for the opinion of the High Court on any question of law (s. 36); though under the Building Societies Act, 1894, it is not obligatory upon them to do so. (57 & 58 Vict. c. 47, s. 20.) By the Friendly Societies Act, 1896 (59 & 60 Vict. c. 25), Friendly which consolidates the previous Acts, disputes shall be decided either (1) in the manner directed by the rules of the society, and the decision shall be binding and conclusive, and application for enforcement may be made to the county court (2) by consent, unless the rules forbid it, by


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