(1) The Lands Clauses Consolidation Act, 1845, and amending Acts are the 8 Vict., c. 18; 23 & 24 Vict., c. 106; 32 & 33 Vict., c. 18; and 46 & 47 Vict., c. 15. It will be observed that the section only applies to lands required by school boards. Sec. 21, however, contains provisions with regard to the purchase of lands by managers of a public elementary school.

The 36 & 37 Vict., c. 86, sec. 15, post, provides that for the purchase of land otherwise than by agreement, the Act confirming the order of the Education Department for the purchase, together with this Act, is to be deemed the "Special Act."

Under the clauses relating to the purchase of lands by agreement, parties under disability are empowered to sell and convey the lands or interest in lands required. The compensation to be paid to persons under disability, unless the amount has been determined by the verdict of a jury or by arbitration, is not to be less than shall be determined by the valuation of two surveyors, one being nominated by each of the parties, or if the two surveyors cannot agree, by the valuation of any such third surveyor as any two justices shall for that purpose nominate. The purchase of land under these clauses may be made without the consent of the Education Department, but if it is proposed to borrow for the purpose of defraying the cost, the consent of the Department must be obtained.

When land is purchased otherwise than by agreement, that is to say, compulsorily, if the compensation claimed does not exceed 50l., the claim may be settled by two justices; when the compensation claimed or offered exceeds 50l., if the party claiming the compensation so desire it, the claim may be settled by arbitration, and if not, by the verdict of a jury. If the amount of compensation is to be determined by arbitration, unless both parties concur in the appointment of one arbitrator, each party is to appoint an arbitrator, and the arbitrators are to appoint an umpire. When the question is to be determined by the verdict of a jury, the jury is to be summoned by the sheriff, who is to preside at the inquiry. Either party may require that the question shall be tried by a special jury. In the case of a person who has no greater interest than as tenant for a year, or from year to year, the amount of compensation, if the parties differ, may be settled by two justices. The purchase of land otherwise than by agreement can only be made when an order has been issued by the Education Department authorising the purchase, as provided by this section, and has been confirmed by Parliament.

As to right of way over other lands of the vendor when the contract for the sale to a school board of certain lands with all that was appurtenant or appendant to them, contained no reference to an alleged right of way, see Bolton v. Bolton, L. R. 11 Ch. D. 968; 48 L. J. Ch. 467; 40 L. T. N. S. 582.

(2) As to the mode in which notices are to be published, see the 36 & 37 Vict., c. 86, sec. 20, post.

It will be observed that a plan is to be deposited, and in connection with this provision attention must be given to the requirements of the Standing Orders of Parliament. No. 39 of the Standing Orders of the House of Commons is as follows:-" Whenever plans, sections, or books of reference are deposited in the case of an application to any public department for a provisional order or provisional certificate, duplicates of the said documents shall, at the same time, be deposited in the Private Bill Office; provided that with regard to such deposits as are so made at any public department . . . after the prorogation of Parliament, and before

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the 30th day of November in any year, such duplicates shall be so deposited on the 30th day of November." There is a Standing Order of the House of Lords to the same effect, with the substitution of "the office of the Clerk of the Parliaments" for the "Private Bill Office." The Standing Orders contain provisions as to the form in which plans, books of reference, &c., are to be prepared.

When it is proposed to obtain powers to take compulsorily_in_any parish in the metropolis twenty or more houses, or as regards England and Wales, exclusive of the metropolis, in any city, borough, or other urban sanitary district, or in any parish or part of a parish not being within an urban sanitary district, ten or more houses occupied either wholly or partially by persons belonging to the labouring class, Standing Orders Nos. 38 & 183 (a) of the House of Commons and the corresponding Standing Orders of the House of Lords should be referred to.

(3) The word "owner" under the 8 Vict., c. 18, sec. 3, is to be understood to mean any person or corporation who, under that or the Special Act, would be enabled to sell and convey lands to the promoters of the undertaking. That statute does not contain any reference to "reputed owners."

(4) The words "absent abroad" are no doubt intended to signify in foreign parts. In the 8 Vict., c. 18, sec. 19, the words used are "absent from the United Kingdom." In some cases it will be difficult to determine who is the agent of a person absent abroad. Under the 8 Vict., c. 18, in the case of a person absent from the United Kingdom the notice under that Act is to be served upon the occupier of the land, or to be affixed upon some conspicuous part of the land.

(5) The petition should be accompanied by a statutory declaration, showing that the several requirements of the Act as to publication and service of notices have been complied with, together with copies of the several notices.

With regard to a public inquiry, see sec. 73.

(6) See ante, sub-section 2 (b) and (c).

(7) Some of the Acts authorising the issue of provisional orders by Government Departments contain a clause to the effect that in case any petition shall be presented to either House of Parliament against a provisional order in the progress through Parliament of the Bill confirming the order, the Bill, so far as it relates to the order so petitioned against, may be referred to a select committee, and the petitioners shall be allowed to appear and oppose as in the case of private Bills. There is not, it will be observed, any such provision with regard to the provisional orders under this section. The Standing Orders of the House of Commons, however, include the following order: "Every petition against any Bill to confirm any provisional order which shall have been deposited in the Private Bill Office not less than seven clear days after the examiner shall have given notice of the day on which the Bill will be examined or which shall otherwise have been deposited in accordance with the Standing Orders of the House, and in which the petitioners shall have prayed to be heard by themselves their counsel or agents, shall stand referred to the committee on such Bill, and such petitioners, subject to the rules and orders of the House, shall be heard upon their petition accordingly, if they think fit, and counsel heard in favour of the Bill,

against such petition." There is also a Standing Order of the House of Lords that "every Provisional Order Confirmation Bill which is opposed shall be referred to a Select Committee of five."

In the sessions of 1872-1890 the following Acts were passed confirming orders of the Education Department for the compulsory purchase of land by school boards:—

35 & 36 Vict., c. lxv. (London).

36 & 37 Vict., c. xxii. (Caterham); c. xxiii. (London); c. xxxvi. (Llanrwst); c. xxxviii. (Llanelly); c. xxxix. (Merthyr Tydvil); and c. ccxiv. (London).

37 & 38 Vict., c. cliii. (Brighton, Aberdare, and United District of Caerhun, Llanbedr y Cennin and Dolgarrog); and c. clxxxiv. (London). 38 & 39 Vict., c. vii. (Caister (Norfolk), and Rochford); c. viii. (Brighton); and cc. cxxii. & cxxiv. (London).

39 & 40 Vict., c. cliii. (Hailsham, Ilchester, Ingham, Slaugham, Swansea United District, and Swansea Parish Higher and Lower); c. cliv. (Hornsey); c. clx. (Tolleshunt Major); c. cxcvii. (Cardiff); and c. ccxxxix. (London).

40 & 41 Vict., c. lxxv. (Cardiff, East and West Teignmouth United District, Holywell, extra municipal, Hornsey, Merthyr Tydvil, and Ystradgunlais Lower); c. civ. (London); c. cxxx. (Felmingham and Kelvedon Hatch United District).

41 & 42 Vict., c. lviii. (Mickleover); c. cvii. (Portsmouth); c. cx. (Birmingham, Lewannick (Cornwall), and Mold (Flint)); c. cxi. (London). 42 & 43 Vict., c. lviii. (Brighton and Preston, Gotherington, Loughor Borough, and Membury); and c. lix. (London).

43 & 44 Vict., c. liv. (Cardiff, Liverpool, Southampton, and Walton-onThames); c. ccv. (London).

44 & 45 Vict., c. clxiv. (Clay Lane); c. clxvii. (London).

45 & 46 Vict., c. cii. (West Ham (Essex), and Terrington St. John (Norfolk)); c. cxxxix. (Finchley, Llanarth, and Upper Dylais); c. cxli. (London).

46 & 47 Vict., c. xlii. (Cummersdale (Cumberland), Hayfield (Derbyshire)); Little Eaton (Derbyshire), Stroud (Gloucestershire), and Treuddyn (Flintshire)); c. cxxxii. (London).

47 & 48 Vict., c. ciii. (London).

48 & 49 Vict., c. cxxix. (Birmingham, Bradford (Yorks.), Cardiff, Derby, and Llanwonno); c. lxxxix: (London).

49 & 50 Vict., c. i. (Birmingham); c. ii. (London).

50 & 51 Vict., c. cxix. (Christchurch, extra municipal, Monmouth);

c. cxx. (London).

51 & 52 Vict. c. cxxiii. (Birmingham); c. clxv. (London).

52 & 53 Vict. c. xvi. (Acton, Chiswick, and Liverpool); c. lxiii. (Leake); c. lxxiii. (London).

53 & 54 Vict. c. cii. (London); c. ciii. (West Ham).

The fact that a school board have applied for a provisional order for the compulsory purchase of land, and that the order has been issued and confirmed by Parliament, does not impose on the school board a legal obligation to purchase the land. The notice under sub-sec. 2 (b) creates no contract between the parties. Burgess v. Bristol Urban Sanitary Authority, 50 J. P., 455.

In Rolls v. School Board for London (L. R., 27 Ch. D. 639; 51 L. T.,.

567; 33 W. R., 129), it appeared that the school board, in pursuance of the powers conferred on them by a provisional order which had been confirmed by Parliament, served on R. the customary notice to treat. Prior, however, to the service of this notice and prior to the confirmation of the provisional order by Parliament, the school board had entertained and adopted, subject to the sanction of the Education Department, a proposal from one B., a neighbouring landowner, for exchanging a portion of the land to be acquired by the board from R., for a piece of B.'s land, he undertaking to form the land so to be conveyed to him into a public road. There was evidence to show that such road when made would be advantageous to the school proposed to be erected. It was held on the motion of R. to restrain the board from putting in force their statutory powers with respect to so much of the land comprised in the notice to treat as they proposed to convey to B., that the school board were justified in the course they had taken and could, if they obtained the sanction of the Education Department, carry out their proposal.

In the case of Clark v. The School Board for London (L. R., 9 Ch. App. 120; 43 L. J., Ch. 421), an injunction was granted by ViceChancellor Malins to restrain the defendants from building on land which they had acquired under an order under this section, in such a manner as to interfere with the rights of an adjoining proprietor with regard to light and air, although the defendants were willing to pay compensation under sec. 68 of the Lands Clauses Consolidation Act. On appeal to the full Court the Bill was dismissed. The Lord Chancellor said:-The Legislature, in authorising school boards for the public advantage to exercise the large powers conferred upon them, meant to vest in them a discretion answerable to the importance of the case. When for these important purposes compulsory powers of taking land were given to them, he could not but think that it was intended they should have the full benefit of all the compulsory powers contained in the Lands Clauses Acts; that they should be able to erect buildings on the land they acquired upon such a plan, of such a height, and in such a way as they should in the exercise of their discretion think proper. This view was confirmed by the language of sections 19 & 20 of the Act, which spoke of purchasing any right over land, and said that "land" was to be construed as including any right over land." These were large words, and, according to their reasonable construction, seemed to give to the board the land which they acquired free from any jus tertii. The right to light could only be acquired by twenty years' user, and it came strictly within the words right over land." Such a right, if interfered with, must be the subject of compensation, and the only question seemed to be in what way that compensation was to be ascertained-whether a purchasing notice must be given by the board, or whether the compensation was to be determined under those sections of the Lands Clauses Acts which relate to land not taken by the promoters of an undertaking, but injuriously affected by their works. The sound view in his opinion was that the construction of the sections of the Lands Clauses Acts which related to compensation was not altered by sections 19 & 20 of the Education Act. The provisions of section 84 of the Lands Clauses Act as to entry on land were inapplicable to such a thing as a right to light. But those clauses which related to compensation for land injuriously affected appeared to be exactly applicable to a right of this kind. There was previous authority for this view in some cases which had been decided upon the Thames Embankment Acts, such as Macey v. The Metropolitan Board of Works; before Lord

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Hatherley, when Vice-Chancellor (32 L. J. Chan.).-Lord Justice Mellish said the school board were only to purchase the land necessary for the school, and he thought therefore they had no compulsory power of purchasing any lands not necessary for that purpose. This was made clearer by the use of the words "any right over land." The Legislature meant to say "In order that you may be perfectly unfettered in building your school, you may purchase any right that any one has over the land which you buy ;" and section 20 gave them power to do this compulsorily if it could not be done by agreement. He agreed in thinking that this made no difference with regard to the course to be adopted to obtain compensation.

(8) The case Re Morley, 32 L. T., N. S., 524, raised the question as to the scale on which costs are to be charged with respect to Provisional Orders. The case referred to the taxation by the taxing master of the costs of Messrs. Morley and Shirreff incidental to procuring a provisional order for the construction of a tramway from Ipswich to Felixstow, in Suffolk. The master had only allowed costs at the rate of the charges made in the courts of law, and it was contended that he ought to have allowed such costs upon the scale charged in the case of a private Bill to be passed through the Houses of Parliament. The ground on which the master had proceeded was that the work charged for was not in relation to the proceedings in Parliament, but anterior thereto, and such as, had the preliminary inquiry failed, would never have resulted in any parliamentary proceedings. The application was for an order to refer back to the taxing master to revise his taxation; but the Master of the Rolls decided that these bills of costs were not to be taxed according to the parliamentary scale, but according to the scale adopted in the courts of law, and the summons was therefore dismissed.

For provisions as to the school fund, see secs. 53-55.

(9) The School Sites Acts referred to are the 4 & 5 Vict., c. 38; 7 & 8 Vict., c. 37; 12 & 13 Vict., c. 49; 14 & 15 Vict., c. 24. These several Acts will be found in the Appendix, p. 434.

Purchase of Land by Managers of Public Elementary

School.

21. For the purpose of the purchase by the managers of any public elementary school of a schoolhouse for such school, or a site for the same, "the Lands Clauses Consolidation Act, 1845," and the Acts amending the same (except so much as relates to the purchase of land otherwise than by agreement), shall be incorporated with this Act; and in construing those Acts for the purposes of this section, the special Act shall be construed to mean this Act; and the promoters of the undertaking shall be construed to mean such managers, and land shall be construed to include any right over land. (1)

The conveyance of any land so purchased may be in the form prescribed by the School Sites Acts, or any of them,