24. This Act shall apply to every arbitration under any Act Sect. 24. passed before or after the commencement of this Act as if the arbitra- Application tion were pursuant to a submission, except in so far as this Act is of act to inconsistent with the Act regulating the arbitration or with any references rules or procedure authorised or recognised by that Act.

Section 13 (3) of the Light Railways Act expressly provides that this Act shall apply to arbitrations thereunder.

Section 25 deals with pending arbitrations, and section 26 with repeals.

27. In this Act, unless the contrary intention appears,-
"Submission" means a written agreement to submit present or
future differences to arbitration, whether an arbitrator is named
therein or not.

"Court" means Her Majesty's High Court of Justice.

"Judge" means a judge of Her Majesty's High Court of Justice.
"Rules of Court" means the Rules of the Supreme Court made
by the proper authority under the Judicature Acts.

28. This Act shall not extend to Scotland or Ireland.

under statutory powers.

Definitions.

Extent.

29. This Act shall commence and come into operation on the first Commenceday of January, 1890.

30. This Act may be cited as the Arbitration Act, 1889.

ment.

Short title.

THE PARLIAMENTARY DEPOSITS AND BONDS
ACT, 1892.

(55 & 56 VICT. Cap. 27.)

An Act to authorise the release of certain deposits, and the cancellation of certain bonds, made or given to secure the performance of undertakings authorised by Parliament.

This Act will probably be made applicable to new companies formed to construct light railways when such companies are requested to make a deposit under section 11 (k) of the Light Railways Act, 1896, ante, p. 69.

release

1. (1.) Where in pursuance of any general or special Act of Parlia- Power to ment, or of any rules made thereunder, moneys or securities have deposits. been deposited with, or are standing in the name of, the PaymasterGeneral to secure the completion by any company of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the High Court may, notwithstanding anything in any such general or special Act or rules, order that the moneys or securities (in this Act called the deposit fund), or any part thereof, be applied towards compensating any landowners or other persons whose property has been interfered with or otherwise rendered less valuable by the commencement, construction or abandonment of the undertaking, or any portion thereof, or who have been subjected to injury or loss in consequence

Sect. 1. of any compulsory powers of taking property given in connection with the undertaking, and have received no compensation or inadequate compensation for such injury or loss; and also, in the case of a tramway company, towards compensating the road authorities for the expenses incurred by them in taking up any tramway or materials connected therewith placed by the tramway company in or on any road vested in or maintainable by the road authorities, and in making good all damage caused to such roads by the construction or abandonment of the tramway.

Power to cancel bonds.

(2.) Subject to payment of any such compensation, and notwithstanding any provision as to forfeiture to the Crown, the High Court may, if a receiver has been appointed, or the company is insolvent and has been ordered to be wound up, or the undertaking has been abandoned, order that the deposit fund or any part thereof be paid or transferred to the receiver or to the liquidator of the company, or be applied as part of the assets of the company for the benefit of the creditors thereof.

(3.) Subject to such application as aforesaid the High Court may, after such public notice as to the court seems reasonable, order that the deposit fund or any part thereof be paid or transferred to the depositors or the persons claiming through or under them.

(4.) If any money or securities deposited with or standing in the name of the Paymaster-General for the purposes of this section on or before the thirty-first of March, one thousand eight hundred and ninety, are not claimed by or on behalf of the depositors thereof within ten years after the passing of this Act, the Treasury may pay or transfer the same to the National Debt Commissioners to be applied by them towards the reduction of the National Debt.

(5.) This section shall apply to any person or body of persons authorised by Parliament or by any such certificate as aforesaid to carry out an undertaking as if he or they were a company.

For the construction of this section, see In re Potteries, Shrewsbury, and North Wales Railway Company, 25 Ch. D. 251; In re Ruthin and Cerrig-y-Druidion Railway Act, 33 Ch. D. 438; In re Uxbridge and Rickmansworth Railway Company, 43 Ch. D. 536.

2. Where in pursuance of any general or special Act of Parliament any bond has been given to secure the completion of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the money thereby secured shall be applicable to the same purposes as the deposit fund herein before mentioned, and the Treasury may, if they think fit, cancel the bond on proof to their satisfaction that the money thereby secured has been applied or is not required for those purposes.

Sections 3 and 4 extend the Act to Scotland and Ireland.

THE PUBLIC AUTHORITIES PROTECTION ACT, 1893.

(56 & 57 VICT. Cap. 61.)

An Act to generalize and amend certain statutory provisions for the protection of persons acting in the execution of statutory and other public duties.

acting in

1. Where after the commencement of this Act any action, Protection prosecution, or other proceeding is commenced in the United Kingdom of persons against any person for any act done in pursuance, or execution, or execution of intended execution of any Act of Parliament, or of any public duty statutory or other public or authority, or in respect of any alleged neglect or default in the duty. execution of any such Act, duty, or authority, the following provisions shall have effect:

(a.) The action, prosecution, or proceeding shall not lie or be instituted unless it is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof:

(b.) Wherever in any such action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client :

(c.) Where the proceeding is an action for damages, tender of amends before the action was commenced may, in lieu of or in addition to any other plea, be pleaded. If the action was commenced after the tender, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment; but this provision shall not affect costs on any injunction in the action: (d.) If, in the opinion of the court, the plaintiff has not given the defendant a sufficient opportunity of tendering amends before the commencement of the proceeding the court may award to the defendant costs to be taxed as between solicitor and client.

This section shall not affect any proceedings by any department of the Government against any local authority or officer of a local authority.

2. There shall be repealed as to the United Kingdom so much of Repeal. any public general Act as enacts that in any proceeding to which this Act applies—

(a.) The proceeding is to be commenced in any particular place; or (b.) The proceeding is to be commenced within any particular

time; or

(c.) Notice of action is to be given; or

Sect. 2.

Saving as to
Scotland.

Commencement.

Short title.

(d.) The defendant is to be entitled to any particular kind or amount of costs, or the plaintiff is to be deprived of costs in any specified event; or

(e.) The defendant may plead the general issue;

and in particular there shall be so repealed the enactments specified in the schedule to this Act to the extent in that schedule mentioned. This repeal shall not affect any proceeding pending at the commencement of this Act.

3. This Act shall not apply to any action, prosecution, or other proceeding for any act done in pursuance or execution, or intended execution, of any Act of Parliament, or in respect of any alleged neglect or default in the execution of any Act of Parliament, or on account of any act done in any case instituted under an Act of Parliament, when that Act of Parliament applies to Scotland only, and contains a limitation of the time and other conditions for the action, prosecution, or proceeding.

4. This Act shall come into operation on the first day of January, one thousand eight hundred and ninety-four.

5. This Act may be cited as the Public Authorities Protection Act, 1893.

A light railway company, as defined by section 28 of the Light Railways Act, will be entitled to the protection afforded by the provisions of the Act in respect of acts done in intended execution of their statutory powers, and also in respect of charges of neglect or default in the execution of such powers or duties. A power conferred or duty imposed by an order under the Light Railways Act will, it is presumed, be a statutory power or duty. See the Light Railways Act, section 10, ante, p. 68.

This protection would seem not to apply to claims for injunctions to restrain some future course of action. See Chapman v. Auckland Union, 23 Q. B. D. 294, 303. It should be noted that section 1 refers to prosecutions as well as to actions.

STANDING ORDERS OF PARLIAMENT Orders. RELATIVE TO PRIVATE BILLS.

THE Order of the Light Railway Commissioners, when confirmed by the Board of Trade, has the effect of a private Act of Parliament. Section 10 of the Light Railways Act, ante, p. 68. The Standing Orders of Parliament applicable to private Bills authorising tramways and railways, though not binding on the Light Railway Commissioners, will to some extent govern their action in regard to Orders for light railways, and be followed by them so far as they may conveniently be applied to schemes for light railways. Indeed, the rules made under the Act are to a great extent founded upon the Standing Orders, the necessary modifications being made which appeared to be required by the circumstances. In the rules thus made, one (Rule 27 (1), ante, p. 94,) will be found incorporating by direct reference a requirement of the Standing Orders in the case of an application by an existing company. It has, therefore, been deemed necessary to print the Standing Orders (62-66) referring to this particular matter, and it has been thought convenient at the same time to give or refer to some others of those Orders which may be usefully considered in relation to applications for Orders to the Light Railway Commissioners. The Standing Orders are similar in both Houses; these printed are of the House of Lords.

Provisions relating to the Consents of Proprietors or Members of Companies already constituted.

See Light Railways Act, s. 11, ante, p. 68; Rule 27 (1), ante, p. 94; and Chap. IV., ante, pp. 34, 35.

in case of

62. In the case of every Bill, whether originating in this House, or Meeting of in the House of Commons, promoted by a company already constituted proprietors by Act of Parliament, proof shall be given before the Examiner, Bills before the second reading of the Bill in this House, that the following promoted requirements have been complied with, and the Examiner shall by an existreport accordingly :

ting company having statutory

The Bill as introduced or proposed to be introduced into Parlia- powers. ment shall be submitted to the proprietors of such company at a meeting held specially for that purpose: Such meeting shall be called by advertisement inserted once in each of two consecutive weeks in some one and the same newspaper published in London, Edinburgh, or Dublin, as the case may be, and in some one and the same newspaper of the county or counties in which the principal office or offices of the company is or are situate, and also by a circular addressed to each proprietor at his last known or usual address, and sent by post or delivered