57 & 58 Vict. c. ccxiii. ss. 181-183.

Power for Council to support decisions of officers be

Tribunal may state case for opinion of

181. It shall be lawful for the Council to defray the expenses of supporting any decision of the Council or of the superintending architect or of their engineer or of a district surveyor by counsel and witnesses before the tribunal.

182. I shall be lawful for the tribunal at any time to state and the tribunal shall if ordered by the High fore tribunal. Court or a judge thereof on an application in a summary manner made by any party to the appeal state a case for the opinion of the High Court on any question of law involved in any appeal submitted to them The High Court. High Court shall hear and determine the question or questions of law arising on any case stated by the tribunal of appeal and shall thereupon reverse affirm or amend the determination (if any) in respect of which the case has been stated or remit the matter to the tribunal of appeal with the opinion of the court on the case stated or may make such other order in relation to the matter as the circumstances of the case require and may make such order as to the costs of the case and in the High Court as to the court may seem fit.

Procedure of tribunal.

'Case for opinion of High Court.'-In the absence of any special rules, it is presumed that cases stated under this section will be stated in accordance with order 34 of the Rules of the Supreme Court, 1883, which order is applied by rule 7 of the order itself to every special case stated in any cause or matter; and the term 'matter' includes, by virtue of sect. 100 of the Judicature Act, 1873, every proceeding in the Court not in a cause.

'Summary manner.'-Presumably an application under this section will be made in the first instance upon a summons issued in chambers in the High Court of Justice.

183. The tribunal of appeal shall subject to the provisions of this Act have jurisdiction and power to hear and determine appeals referred to them under this Act.

For all the purposes of and incidental to the hearing and determination of any appeal the tribunal shall subject to any rules of procedure duly made have power to hear the Council and the parties interested either in person or by counsel solicitor or agent as they may think fit and to administer oaths and to hear and receive evidence and to require the production of any documents or books and to confirm or reverse or vary any decision and make any such order as they may think fit and the costs of any of the parties to the appeal including the Council shall be in the discretion of the tribunal.

Hearing of appeals.-The Council on February 26, 1995, 57 & 58 Vict. approved of the Tribunal of Appeal arranging for office c. ccxiii. accommodation at the Surveyors' Institute, Great George Street, ss. 184-187. Westminster, at which Institute the Tribunal holds its sittings. 'Rules of procedure. The tribunal is empowered to make regulations as to procedure in appeals to it by sect. 184, post.

Production of documents. Under sect. 185, post, any order of the tribunal may be enforced by the High Court as if it had been an order of that Court. Where, therefore, an order of the tribunal for the production of any document is disobeyed, such order will be enforceable in the High Court by attachment; see order 31, rule 21, of the Rules of the Supreme Court, 1883.

184. The tribunal of appeal may from time to time subject to the approval of the Lord Chancellor make regulations consistent with the provisions of this Act as to the procedure to be followed in cases of appeal to the tribunal including the time and notice of appeal and as to fees to be paid by appellants and other parties.

Regulations. The tribunal on February 21, 1895, made regulations under this section which were approved by the Lord Chancellor on March 1, 1895. The regulations so approved will be found in Appendix III., Part II., post.

185. Any order of the tribunal of appeal may be enforced by the High Court as if it had been an order of that court.

Regulations as to pro

cedure and fees.

Enforcement of

decision of tribunal.

186. All fees and sums of money paid to the Fees &c. to tribunal of appeal shall be paid over to the Council and be paid to carried to the county fund and the salaries or fees Council. payable to members of the tribunal and the office and Expenses. establishment expenses of the tribunal and expenses incurred by the tribunal and the Council in reference thereto shall be defrayed out of the county fund.

Notices.

187. (1) Notices orders and other such documen.s Notices to be under this Act shall be in writing and notices and docu- in writing. ments other than orders when issued by the Council shall be sufficiently authenticated if signed by their clerk or by the officer by whom the same are given or served.

(2) Orders shall be under the seal of the Council.

'Writing.'-Although the Act uses the word 'writing,' notices &c. under it need not be written by hand, inasmuch as sect. 20 of the Interpretation Act, 1889 (52 & 53 Vict. cap. 63),

T

c. ccxiii. s. 188.

57 & 58 Vict. enacts that 'in every other Act, whether passed before or after the commencement of that Act, expressions referring to writing shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography, and other modes of representing or reproducing words in a visible form.'

Service of notices.

188. (1) Any notice order or other document required or authorised to be served under this Act the service of which is not provided for by the Summary Jurisdiction Acts the Lands Clauses Acts or the Companies Clauses Consolidation Act 1845 may be served by delivering a copy thereof at or by sending a copy thereof by post in a registered letter to the usual or last known residence in the United Kingdom of the person to whom it is addressed or by delivering the same to some person on the premises to which it relates or if no person be found on the premises then by fixing a copy thereof on some conspicuous part of the building to which it relates and in the case of a railway company by delivering a copy thereof to the secretary at the principal office of the said company.

(2) Any notice order or other document to be served upon a builder shall be deemed to be sufficiently served if posted in a registered letter addressed to such builder at the place of address stated in his building notice (if any) or in default thereof at his office or any one of his principal offices or if a copy thereof be fixed on some conspicuous part of the building to which it relates.

(3) Any notice by this Act required to be given to or served on the owner or occupier of any premises may be addressed by the description of the owner' or 'occupier' of the premises (naming the premises) in respect of which the notice is given or served without further name or description.

(4) Any notice required by this Act to be served on a district surveyor may be served on him by post in a registered letter addressed to him at his office or by leaving the same at his office.

Documents the service of which is otherwise provided for.— The service of a summons to appear before a Court of Summary Jurisdiction is provided for by the Summary Jurisdiction Acts. See note to sect. 166, ante, p. 254.

Sect. 134 of the Lands Clauses Consolidation Act, 1845, 8 Vict. cap. 18, provides as follows: That any summons or notice or writ or other proceeding at law or in equity, requiring to be served upon the promoters of the undertaking,

may be served by the same being left at or transmitted 57 & 58 Vict. through the post directed to the principal office of the pro- c. cexiii. moters of the undertaking, or one of the principal offices s. 188. where there shall be more than one, or being given to or transmitted through the post directed to the secretary, or, in case there be no secretary, the solicitor of the said promoters.' Sect. 135 of the Companies Clauses Consolidation Act, 1845, is as follows: Any summons or notice or any writ or other proceeding at law or in equity requiring to be served upon the company, may be served by the same being left at or transmitted through the post directed to the principal office of the company, or one of their principal offices, where there shall be more than one, or being given personally to the secretary, or, in case there be no secretary, then by being given to any one director of the company.'

Service on companies incorporated under the Companies Acts of documents other than documents the service of which is provided for by the Summary Jurisdiction Acts or the Lands Clauses Acts, may be effected in the manner provided by this section.

Sending by post.-The Interpretation Act, 1889 (52 & 53 Vict. cap. 63), sect. 26, provides that this expression, when used in an Act passed after the commencement of that Act, shall mean, unless the contrary intention appears, that the service shall be deemed to be effected by properly addressing, prepaying, and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Principal office of railway company. That is, the place at which the business of the company is controlled or managed, not merely an important office. See Garton v. Great Western Railway Company, E. B. & E. 837, and Brown v. London and North Western Railway Company, 4 B. & S. 326, and Palmer v. Caledonian Railway Company (1892), 1 Q. B. 823: 61 L. J. Q. B. 552; 66 L. T. (N.S.) 771; 40 W. R. 562.

Notice addressed to owner' or 'occupier.—It will be observed that the subsection speaks of 'notice,' not 'notice, order, or other document' as in the previous subsection. From this the presumption is that it is not intended that a document, such as a summons, shall be addressed to the 'owner' or 'occupier.' As to this see Reg. v. Mead, ante, p. 255

District surveyor's office. The situation of the office can be ascertained by inquiry of the local authority. A list of these authorities will be found on p. 5, ante; and a list of the district surveyors at the date of the publication of this work with the addresses of their respective offices will be found in Appendix VI., post.

57 & 58 Vict. c. ccxiii.

ss. 189, 190.

Expenses how borne.

Power for

Council to

annex

conditions.

PART XVI.

MISCELLANEous.

189. All expenses incurred by the Council in carrying this Act into execution and not otherwise provided for shall be deemed to be general expenses incurred by the Council and shall be raised and paid accordingly and the costs charges and expenses preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act shall be raised and paid by the Council in like manner.

Expenses.-General expenses incurred by the Council are, under sect. 40 (9) of the Local Government Act, 1888 (51 & 52 Vict. cap. 68), to be defrayed out of the county fund. As to the composition of that fund and the mode in which any deficiency therein is to be supplied, see sect. 68 of the Act of 1888.

190. In any case where the Council are authorised under this Act to refuse their sanction consent or allowance to the doing or omission of any act or thing the Council may if they think fit instead of refusing such sanction consent or allowance give the same subject to such terms and conditions in relation to the subject matter of such sanction consent or allowance as the Council think fit. Any such term or condition when accepted shall be binding on the owner and occupier of the building or structure or ground to which the sanction consent or allowance relates and if at any time any term or condition so accepted is not observed. or fulfilled the owner or occupier in default shall be subject to a penalty as hereinafter provided.

'Conditions.-The Council's power to impose conditions is not a power which can be used arbitrarily, and if in any case the Council were to impose unreasonable conditions, such fact would no doubt be treated by a court of law as amounting to a refusal on the part of the Council to exercise the discretion conferred upon it in the matter properly; so that the Council in giving its sanction cannot impose conditions which would have the effect of preventing something being done which the Act does not prohibit; Reg. v. the Mayor and Corporation of Newcastle-upon-Tyne, ante, p. 50.

'Owner. Since the expression 'owner' includes, by virtue of the definition in sect. 5 (29), ante, p. 25, more than one person having an interest in the building, structure, or ground,