Claims under Power to make private improvement rates. Proportion A. B." and determine the matters referred to me under the Public Health Act, 1875. (11.) Such declaration shall be annexed to the award when made; and any arbitrator or umpire who wilfully acts contrary to such declaration shall be guilty of a misdemeanour: (12.) Any arbitrator, arbitrators, or umpire appointed by virtue of this act may require the production of such documents in the possession or power of either party as they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath: (13.) The costs of and consequent upon the reference shall be in the discretion of the arbitrator or abitrators, or (in case the matters referred are determined by an umpire) of the umpire:* (14.) Any submission to arbitration under the provisions of this act may be made a rule of any of the superior courts, on the application of any party thereto: (15.) The award of arbitrators or of an umpire under this act shall be final and binding on all parties to the reference. 181. All questions referable to arbitration under this act may, when the amount in dispute is less than twenty pounds, be determined at the option of either party before a court of summary jurisdiction, but the court may, if it thinks fit, require that any work in respect of which the claim of the local authority is made and the particulars of the claim be reported on to them by any competent surveyor, not being the surveyor of the local authority; and the court may determine the amount of costs incurred in that behalf, and by whom such costs or any part of them shall be paid. Private Improvement Rate. 213. Whenever an urban authority have incurred or become liable to any expenses which by this act are or by such authority may be declared to be private improvement expenses, such authority may, if they think fit, make and levy on the occupier of the premises in respect of which the expenses have been incurred, in addition to all other rates, a rate or rates to be called private improvement rates, of such amount as will be sufficient to discharge such expenses, together with interest thereon at a rate not exceeding five pounds per centum per annum, in such period not exceeding thirty years as the urban authority may in each case determine.† Provided that whenever any premises in respect of which any private improvement rate is made become unoccupied before the expiration of the period for which the rate was made, or before the same is fully paid off, such rate shall become a charge on and be paid by the owner for the time being of the premises so long as the same continue to be unoccupied. 214. Where the occupier by whom any private improvement rate is paid holds the premises in respect of which the rate is made at a rent not less than the rackrent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such rate from the rent payable by him to his landlord, and if he hold at a rent less than the rackrent he shall be entitled to deduct from the rent so payable by him such proportion of three-fourths of the rate as his rent bears to the rackrent; and if the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made, and holds the same for a term of which less than twenty *See Bayley v. Wilkinson, 16 C. B., N. S. 161; 10 L. T., N. S. 543; 33 L. J., M. C. 161; Holdsworth v. Wilson, supra; Holdsworth v. Barsham, 31 L. J., Q. B. 145; 2 B. & S. 480; 8 L. T., N. S. 434; 11 W. R. 733. †This, by section 268, is, however, subject to an appeal to the local government board. The owner will be thus liable to a rate in which his name does not appear. Nor is it clear that he can appeal. Lumley's Public Health Act, 1875 (p. 195, n.) years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the sum deducted from the rent payable to him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord (holding for a term of which less than twenty years is unexpired) of the same premises both receiving and liable to pay rent in respect thereof. Provided that nothing in this section shall be construed to entitle any person to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him.* 215. At any time before the expiration of the period for which any Redemption private improvement rate is made, the owner or occupier of the premises of private assessed thereto may redeem the same, by paying to the urban authority improvethe expenses in respect of which the rate was made, or such part thereof as ment rates. may not have been defrayed by sums already levied in respect of the same: Provided that money paid in redemption of any private improvement rate shall not be applied by the urban authority otherwise than in defraying expenses incurred by them in works of private improvement or in discharging the principal of any moneys borrowed by them to meet those expenses, whether by means of a sinking fund or otherwise. LEGAL PROCEEDINGS. Prosecution of Offences and Recovery of Penalties, &c. 251. All offences under this act, and all penalties forfeitures costs and Summary proexpenses under this act directed to be recovered in a summary manner, ceedings for or the recovery of which is not otherwise provided for, may be prosecuted offences, and recovered in manner directed by the Summary Jurisdiction Acts penalties, &c. before a court of summary jurisdiction. The court of summary jurisdiction, when hearing and determining an information or complaint under this act, shall be constituted of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty sessions, or of some magistrate or officer for the time being empowered by law to do alone any act authorized to be done by more than one justice of the peace sitting at some court or other place appointed for the administration of justice. 252. Any complaint or information made or laid in pursuance of this General act shall be made or laid within six months from the time when the provisions as matter of such complaint or information respectively arose. to summary The description of any offence under this act in the words of this act proceedings. shall be sufficient in law. Any exception exemption proviso excuse or qualification whether it does or does not accompany the description of the offence in this act, may be proved by the defendant, but need not be specified or negatived in the information; and, if so specified or negatived, no proof in relation to the matters so specified or negatived shall be required on the part of the informant. 253. Proceedings for the recovery of any penalty under this act shall Restriction not, except as in this act is expressly provided, be had or taken by any on recovery person other than by a party aggrieved, or by the local authority of the of penalties. district in which the offence is committed, without the consent in writing of the attorney-general: provided that such consent shall not be required to proceedings which are by the provisions of this act relating to nuisances or offensive trades authorized to be taken by a local authority in respect of any act or default committed or taking place without their district, or in respect of any house building manufactory or place situated without their district. * Thus the rent received by the landlord being 1007. and the rent paid by him being 201.; if the sum deducted by the tenant be 107., the landlord may deduct 21. from the rent paid to the owner in fee. Lumley's Public Health Act, 1875 (p. 196, n.) Application of penalties. Proceedings in certain cases against nuisances. Summary proceedings for recovery of rates. Recovery of expenses by local authority from owners. 254. Where the application of a penalty under this act is not otherwise provided for, one half thereof shall go to the informer, and the remainder to the local authority of the district in which the offence was committed: provided, that if the local authority are the informer they shall be entitled to the whole of the penalty recovered; and all penalties or sums recovered by them on account of any penalty shall be paid over to their treasurer, and shall by him be carried to the account of the fund applicable by such authority to the general purposes of this act. 255. Where any nuisance under this act appears to be wholly or partially caused by the acts or defaults of two or more persons, it shall be lawful for the local authority or other complainant to institute proceedings against any one of such persons, or to include all or any two or more of such persons in one proceeding; and any one or more of such persons may be ordered to abate such nuisance, so far as the same appears to the court having cognizance of the case to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of such court, contribute to such nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance; and the costs may be distributed as to such court may appear fair and reasonable. Proceedings against several persons included in one complaint shall not abate by reason of the death of any among the persons so included, but all such proceedings may be carried on as if the deceased person had not been originally so included. Whenever in any proceeding under the provisions of this act relating to nuisances, whether written or otherwise, it becomes necessary to mention or refer to the owner or occupier of any premises, it shall be sufficient to designate him as the "owner" or "occupier" of such premises, without name or further description. Nothing in this section shall prevent persons proceeded against from recovering contribution in any case in which they would now be entitled to contribution by law. 256. If any person assessed to any rate made under this act by any urban authority fails to pay the same when due and for the space of fourteen days after the same has been lawfully demanded in writing, or if any person quits or is about to quit any premises without payment of any such rate then due from him in respect of such premises, and refuses to pay the same after lawful demand thereof in writing, any justice may summon the defaulter to appear before a court of summary jurisdiction to show cause why the rate in arrear should not be paid; and if the defaulter fails to appear, or if no sufficient cause for nonpayment is shown, the court may make an order for payment of the same, and, in default of compliance with such order, may by warrant cause the same to be levied by distress of the goods and chattels of the defaulter. The costs of the levy of arrears of any rate may be included in the warrant for such levy. 257. Where any local authority have incurred expenses for the repayment whereof the owner of the premises for or in respect of which the same are incurred is made liable under this act or by any agreement with the local authority, such expenses may be recovered, together with interest at a rate not exceeding five pounds per centum per annum, from the date of service of a demand for the same till payment thereof, from any person who is the owner of such premises when the works are completed for which such expenses have been incurred, and until recovery of such expenses and interest the same shall be a charge on the premises in respect of which they were incurred. In all summary proceedings by a local authority for the recovery of expenses incurred by them in works of private improvement, the time within which such proceedings may be taken shall be reckoned from the date of the service of notice of demand. Where such expenses have been settled and apportioned by the surveyor of the local authority as payable by such owner, such apportion ment shall be binding and conclusive on such owner, unless within three months from service of notice on him by the local authority or their surveyor of the amount settled by the surveyor to be due from such owner, he shall by written notice dispute the same. The local authority may, by order, declare any such expenses to be payable by annual instalments within a period not exceeding thirty years, with interest at a rate not exceeding five pounds per centum per annum, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered in a summary manner from the owner or occupier for the time being of such premises, and may be deducted from the rent of such premises, in the same proportions as are allowed in the case of private improvement rates under this act. 258. No justice of the peace shall be deemed incapable of acting in Justices may cases arising under this act by reason of his being a member of any local act though authority, or by reason of his being as one of several ratepayers, or as members of one of any other class of persons liable in common with the others to local authority contribute to, or to be benefited by any rate or fund, out of which any or liable to expenses incurred by such authority are under this act to be defrayed. contribute. 259. Any local authority may appear before any court, or in any legal Appearance proceeding by their clerk, or by any officer or member authorised gene- of local rally or in respect of any special proceeding by resolution of such autho- authorities rity, and their clerk, or any officer or member so authorized shall be at in legal liberty to institute and carry on any proceeding which the local authority proceedings. is authorized to institute and carry on under this act. 260. In any proceeding instituted by or against a local authority under Name of this act it shall not be necessary for the plaintiff to prove the corporate local authority name of the local authority or the constitution or limits of their district: need not be provided that this section shall not abridge or prejudice the right of any proved. defendant to take or avail himself of any objection which he might have taken or availed himself of if this act had not been passed. 261. Proceedings for the recovery of demands below fifty pounds, Demands which local authorities are empowered to recover in a summary man- below 507. ner, may, at the option of the local authority, be taken in the county may be recourt as if such demands were debts within the cognizance of such covered in courts.* county courts. 262. No rate order conviction or thing made or done or relating to the Proceedings execution of this act shall be vacated quashed or set aside for want of not to be form, or (unless otherwise expressly provided by this act) be removed or quashed for removable by certiorari or any other writ or process whatsoever into any want of form. of the superior courts: provided that nothing in this section shall prevent the removal of any case stated for the opinion of a superior court, or of any rate order conviction or thing to which such special case relates.† 263. Any person who on any examination on oath, under any of the False evidence provisions of this act, wilfully and corruptly gives false evidence shall punishable be liable to the penalties inflicted on persons guilty of wilful and corrupt as perjury. perjury. 264. A writ or process shall not be sued out against or served on any Notice of local authority, or any member thereof, or any officer of a local authority, action or person acting in his aid, for anything done or intended to be done or against local omitted to be done under the provisions of this act, until the expiration authority, &c. of one month after notice in writing has been served on such local authority member officer or person, clearly stating the cause of action, and the name and place of abode of the intended plaintiff, and of his attorney or agent in the cause; and on the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served; and unless such notice is proved the jury shall find for the defendant. Under the 24 & 25 Vict. c. 61, s. 24, repealed by the Public Health Act, 1875, the limit of the jurisdiction of the county courts was a sum not exceeding 201. † See section 269, post, 411. Protection of and their officers from personal liability. Every such action shall be commenced within six months next after the accruing of the cause of action, and not afterwards, and shall be tried in the county or place where the cause of action occurred, and not elsewhere. Any person to whom any such notice of action is given as aforesaid may tender amends to the plaintiff his attorney or agent, at any time within one month after service of such notice, and, in case the same be not accepted, may plead such tender in bar; and in case amends have not been tendered as aforesaid, or in case the amends tendered are insufficient, the defendant may, by leave of the court, at any time before trial, pay into court under plea such sum of money as he may think proper; and if upon issue joined, or upon any plea pleaded for the whole action, the jury find generally for the defendant, or if the plaintiff be nonsuited or judgment be given for the defendant, then the defendant shall be entitled to full costs of suit, and have judgment accordingly.* 265. No matter or thing done, and no contract entered into by any local authority local authority or joint board or port sanitary authority, and no matter or thing done by any member of any such authority or by any officer of such authority or other person whomsoever acting under the direction of such authority, shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing this act, subject them or any of them personally to any action liability claim or demand whatsoever; and any expense incurred by any such authority member officer or other person acting as last aforesaid shall be borne and repaid out of the fund or rate applicable by such authority to the general purposes of this act. Notices, &c. may be printed or written. Service of notices. Provided that nothing in this section shall exempt any member of any such authority from liability to be surcharged with the amount of any payment which may be disallowed by the auditor in the accounts of such authority, and which such member authorized or joined in authorizing.† Notices. 266. Notices orders and other such documents under this act may be in writing or print, or partly in writing and partly in print; and if the same require authentication by the local authority the signature thereof by the clerk to the local authority or their surveyor or inspector of nuisances shall be sufficient authentication. 267. Notices orders and any other documents required or authorized to be served under this act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice order or other document was properly addressed and put into the post. *Notice of action is necessary when works are done for the local authority by a contractor. Newton v. Ellis, 24 L. J., Q. B. 337. See cases collected, Lumley's Public Health Act, 1875 (p. 250, n.) Where the principal object of an action against a local board is an injunction to restrain an immediate injury, it is not necessary to give a month's notice of action under the above section; and it makes no difference that damages are claimed by way of subsidiary relief. Flower v. Low Leyton Local Board, L. R., 5 Ch. Div. 347; 36 L. T., N. S. 236. This section will not protect members of a local authority against the consequences of their negligence. But no action can be sustained against them for accidents arising from extraordinary causes, or from circumstances over which they had no control. |