made by the Local Government Board for Scotland, at a remuneration to be fixed by the Board. Such arbiter shall be deemed to be a sole arbiter within the meaning of Sections 24, etc., of the Lands Clauses Consolidation (Scotland) Act, 1845, and its provisions with respect to an arbitration shall apply; the expenses shall be determined by such arbiter, notwithstanding anything to the contrary in the Lands Clauses Acts, and such determination shall be final. The arbiter shall hear any authorities or parties whose interest will be affected, by themselves or their counsel, or agents, and may hear any witnesses.

Purchase of Lands, etc., by Agreement and Compulsorily.

For certain special purposes (Part II. in relation to sanitary purposes, and Part III. sewers, drains, and water supply) set out in Sections 144 and 145, the Lands Clauses Consolidation (Scotland) Act, 1845, and the Amendment Act of 1860 are, by Sections 4 and 23 of the Interpretation Act, 1889, incorporated in the Public Health (Scotland) Act, 1897.

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Under the 1845 and 1869 Acts, a curious omission was made, in that no provision was made in cases where land was not taken for the purposes of the particular work, but was nevertheless "injuriously affected" by its execution. It was not until the passage of the 1897 Act that this omission was rectified by Section 4 (2), which resulted in Sections 6 and 72-78 of the Railway Clauses Consolidation (Scotland) Act, 1845, being incorporated in this Act. For our purpose we are not concerned with Sections 72-78, which deal with mines in the vicinity of railways.

Purchase by Agreement.

Section 144 empowers a local authority, in terms of the Land Clauses Acts, to purchase lands by agreement or otherwise, whether within or without their district, and they may by agreement take on lease, sell, or exchange any lands similarly situated; or buy up any water-mill, dam, or weir, which interferes with the proper drainage of their district. With the sanction of the Local Government Board, the local authority may sell or let any surplus lands, as dealt with and defined by Sections 120-127 of the Lands Clauses (Scotland) Act, 1845.

Compulsory Purchase.

Section 145 (1) sets forth the regulations applicable to cases of compulsory purchase of lands, etc., under which

the local authority have to advertise details of the proposed works, stating where a plan of the land to be taken may be seen, the quantity, etc., and also serve notices on the owners, occupiers, etc., of the property proposed to be acquired compulsorily before applying to the Local Government Board for an Order empowering its acquisition.

The advertisements must be inserted in a newspaper, circulating in the whole or part of the district where the work is proposed to be carried out, once at least in each of two consecutive weeks.

A notice, defining in each case the particular land proposed to be taken, must be served on every owner or reputed owner, lessee, or reputed lessee, or occupier, who should be requested to answer whether he assents, dissents, or is neutral regarding the taking of the land in question.

As regards "service" of the notice, this may be effected by personal delivery to the person on whom the notice is required to be served; or by delivery at his usual or last known place of abode; or by sending same thereto by registered letter.

The plan referred to above should be drawn to a scale of not less than four inches to a mile, and the book of reference to such plan, which should also be open to inspection with it, must contain the names of the owners or lessees, or reputed owners or lessees and occupiers of the lands which may be acquired compulsorily upon compliance with the above requirements of this section (145). The authority must, by Sub-section 2, if they wish to proceed further (though they may abandon the matter at this stage if they so desire), present a petition to the Board for permission to put in force the compulsory purchase powers of the Lands Clauses Acts with respect to the lands proposed to be taken. The petition must state the purposes for which required, and the names of the owners, or lessees, reputed owners, or lessees, and occupiers thereof who have assented to or dissented from the taking of such land, or who have returned no answer to the notice.

Upon receipt of such petition, and due proof of the advertising and service of the notices, the Board may after consideration dismiss the petition or order an inquiry in the district in which the lands are situated, or otherwise inquire as to the proposals of the local authority and as to the propriety of assenting to the petition; but until such inquiry has been made, after such notice as may be directed by the Board, no Order shall be made affecting any land

without the consent of the owners, lessees, and occupiers thereof.

The inquiry may be held by a person appointed by the Board, if the Secretary for Scotland so directs in writing, or by the Sheriff, not being a sheriff-substitute resident.

The Board may, by Section 8, appoint some person or persons, not being a member or members thereof, to act as commissioner or commissioners for the purpose of conducting any special inquiry for a limited period, and to report thereon.

After the completion of the inquiry the Board may issue a Provisional Order authorising the authority to put in force the Lands Clauses Consolidation (Scotland) Acts, with respect to the acquisition under compulsory powers of the land, or any part thereof, referred to them, incorporating in the Order the said Acts, including (with the necessary modifications Section 6 of the Railways Clauses Consolidation (Scotland) Act. 1854, which rectifies an omission in the Lands: Clauses Consolidation (Scotland) Act, 1845, as to the “injurious affection" of any property not "taken."

Following this, the local authority must serve a copy of the Board's Provisional Order upon the persons (owners, etc.) upon whom the notices, referring to the intention of the authority to acquire their lands, have been served, together with a statement that the Provisional Order will take effect as an Act of Parliament unless within two months a memorial is presented to the Secretary for Scotland praying that the said Order shall not become law without Parliamentary sanction.

The Bill for confirming any such Order, after second reading in the House (Lords or Commons) in which it originated, must be referred to a Select or Joint Committee. If within seven days of such second reading a petition is presented against any Order comprised in the Bill, the petitioner may appear and appeal personally, or by his agents and witnesses.

Any Act that may be passed to confirm such Order shall be deemed a public General Act.

The committee may by a majority award costs from the date of the memorial.

All costs, charges, and expenses incurred as regards any application for the grant of such Order, and to such amount as the Board directs, shall be a charge upon the Public

Health general assessment (under Section 135 of the 1897 Act) in districts other than burghs, and Section 136 in burghs, or the special sewer or special drainage district rates. assessment (under Section 137), or Part I. of the Burgh Sewerage, Drainage, and Water Supply Act, 1901, where it is in force in place of that section.

Powers of Enforcing Entry on "Lands" for Various

Purposes.

Section 109 provides for cases in which it is necessary to enter, examine, or lay open any lands or premises for the purpose of making plans, surveying, measuring, taking levels, examining work, ascertaining the course of sewers or drains, making or repairing, altering, or enlarging sewers or drains, etc., and if the owner or occupier of premises refuses or withholds access, the local authority may, after written notice under Section 159, apply to the sheriff, under Section 154, for a warrant for admittance for the purpose of the works at all reasonable times in the daytime (under Section 3) -9 a.m. to 6 p.m.

Power to Purchase or Construct Sewers and Carry Out Works for Sewage Disposal.

Power to purchase sewers is given local authorities by Section 102, subject to the provisions of Sections 144 and 145 (which deal with purchase by agreement or compulsorily), and they may acquire the rights and powers vested in any person to make sewers or to use any sewer, with or without the buildings and other things thereto pertaining, subject to paying compensation therefor, and also compensating the proprietors and occupiers of any lands and heritages for damage thereto. As regards the compensation, Section 164 enacts this shall be payable out of any fund or assessment applicable under this Act, "to all persons sustaining any damage by reason of the exercise of any of the powers of this Act, except when otherwise specially provided." It should be noted that this refers only to damages sustained by reason of the exercise of any of the powers of this Act." As regards the ascertainment of the compensation, and in case of dispute, if the sum claimed does not exceed £50, either party may apply to the sheriff, whose decision shall be final and not subject to review. But where the compensation has been decided by the sheriff-substitute, the sheriff himself may review it in case of appeal. If the

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sum claimed exceeds £50, a sole arbiter appointed under Section 145 (11) of this Act shall determine the amount of compensation.

By Section 103, the local authority shall have power to construct within their district, and also when necessary for the purpose of outfall, or distribution, or disposal, or treatment of sewage, without their district, such sewers as they may deem necessary for keeping their district properly cleansed and drained; and for that purpose may carry them through, across, or under any public or other road, street, place, etc., or under any celler or vault, which may include the foot pavement or carriage-way of any street or road, and after reasonable notice in writing (if upon the report of a surveyor it should appear to be necessary), into, through, or under any lands whatsoever, and from time to time to execute thereto any works which may appear essential, but subject to no nuisance being created.

As to the case of any person being deprived of the lawful use of any sewer by the execution of such works, it shall be the duty of the authority to provide another, "sufficiently effectual for his use. The authority are bound to cause the sewers to be constructed, maintained, and kept so as not to be a nuisance, and, for the purpose of cleansing and emptying them, may construct and place all necessary reservoirs, sluices, engines, or other works, either above or under ground, and may, subject to the provisions of the Rivers Pollution Prevention Acts, cause such sewers to communicate with and be emptied into such places as may be fit and necessary, either within their district, or, if necessary, for the purpose of outfall, or distribution, or disposal, or treatment of sewage without their district, and to cause the sewage and refuse therefrom to be collected for sale, or for any purpose whatsoever, but so as not to create a nuisance. Provisions are made for the protection of any railway, canal, bridge, tunnel, or other work by Section 167; and Section 189 enacts that carrying out the provisions of the Act shall not affect the navigation of rivers or canals, or the irrigation of lands in rural districts, the supply of water for water-works, the purification of any river or stream, etc. As regards burghs, the authority may carry out drainage, etc., works under this section, or under the provisions of the Burgh Police Acts. As regards the execution of sewerage works without the district, Section 104 enacts that the authority must give three months' written notice prior to the construction of any sewer or sewerage works. The notice consists