otherwise) of the sum which is to be paid as compensation or which the responsible authority are entitled to recover from a person whose property is increased in value, is to be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, unless the parties agree on some other method of determination (Housing, Town Planning, etc. Act, 1909, s. 58 (4); Housing, etc. Act, 1923, s. 18).

Before the passing of the Housing, etc. Act, 1923, such questions were to be determined by the arbitration of a single arbitrator appointed by the Minister of Health, unless the parties agreed on some other method of determination. The arbitration is now to be "under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919." This Act, of course, was passed for the purpose of the assessment of compensation in respect of land compulsorily acquired; and it is not always easy to adapt its provisions to the assessment of compensation or betterment under s. 58 of the Housing, Town Planning, etc. Act, 1909.

The official arbitrator.-As to the appointment of the official arbitrator under the Acquisition of Land (Assessment of Compensation) Act, 1919, see under "the arbitrator" at p. 76.

Notice of claim.-It would appear that a notice of claim should be given in conformity with s. 5 (2) of the Acquisition of Land (Assessment of Compensation) Act, 1919. See under "Costs of arbitration," infra. For forms, see Appendix G, pp. 266, 267.

Procedure before official arbitrator.-The official arbitrator is to hear the parties in public (Acquisition of Land (Assessment of Compensation) Act, 1919, s. 3 (5)).

In general the proceedings before the arbitrator are to be such as the arbitrator, subject to any special directions of the Reference Committee, may in his discretion think fit (Acquisition of Land (Assessment of Compensation) Rules, 1919, rule 4 (3)).

The parties must furnish to the arbitrator on his request any document or other information which it is in their power

to furnish and which the arbitrator may require for the purpose of considering and determining the case the case (ibid. rule 4 (2)).

Ordinarily only one expert witness may be heard on either side unless the official arbitrator otherwise directs. (Acquisition of Land (Assessment of Compensation) Act, 1919, s. 3 (1)).

As to the subpoenaing of witnesses, see ss. 8 and 18 of the Arbitration Act, 1889; and as to the power of the arbitrator to administer oaths and take affirmations, see s. 7 (a) and Sched. I. (ƒ), (g) of the same Act.

As to the fees to be charged in respect of proceedings before official arbitrators, see the Acquisition of Land (Assessment of Compensation) Fees Rules, 1920, and the Acquisition of Land (Assessment of Compensation) Fees (No. 2) Rules, 1920.

The award. The official arbitrator must, on the application of either party, specify the amount awarded in respect of any particular matter the subject of the award (Acquisition of Land (Assessment of Compensation) Act, 1919, s. 3 (3)).

The decision of the arbitrator upon any question of fact is final (ibid. s. 6 (1)).

Special case. The official arbitrator may, and shall, if the High Court so directs, state at any stage of the proceedings, in the form of a special case for the opinion of the High Court, any question of law arising in the course of the proceedings, and may state his award as to the whole or part thereof in the form of a special case for the opinion of the High Court (Acquisition of Land (Assessment of Compensation) Act, 1919, s. 6 (1)). The decision of the High Court upon the case is to be final and not subject to appeal (ibid. s. 6 (2)).

Section 6 (1) of the Acquisition of Land (Assessment of Compensation) Act, 1919, is similar in language to ss. 7 (b) and 19 of the Arbitration Act, 1889, which refer to the statement of special cases under that Act. It is of importance to observe, as arbitrations under s. 58 of the Housing, Town Planning, etc. Act, 1909 are not unlikely to be productive

of questions of law, that the official arbitrator may be compelled to state a case "at any stage of the proceedings that is, before the proceedings have come to an end by a completed award (Tabernacle Permanent Building Society v. Knight, [1892] A. C. 298)-in respect of any question of law arising in the course of the proceedings, whereas it rests with the arbitrator whether he will state his award in the form of a special case. Should any question of law arise in the course of the proceedings, it may accordingly be found expedient to request the arbitrator to state his award in the form of a special case and, should he not express his intention to accede to the request, to consider whether steps should be taken to require him to state a case before his award has been given.

Costs of arbitration.-Presumably the principles laid down in s. 5 of the Acquisition of Land (Assessment of Compensation) Act, 1919, respecting costs should be applied as far as possible to arbitrations under s. 58 of the Housing, Town Planning, etc. Act, 1909, with respect to claims for injurious affection or betterment. Accordingly, where an unconditional offer in writing has been made and the sum awarded does not exceed the sum offered, the claimant should ordinarily bear his own costs and pay those of the other side after the date of the offer (Acquisition of Land (Assessment of Compensation) Act, 1919, s. 5 (1)). But this is subject to the delivery of a notice of claim, which should state the exact nature of the interest of the claimant and details of the claim, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated. If such a notice of claim is not delivered in sufficient time, the claimant will ordinarily be liable to pay the costs of the other side after the time when the notice should have been furnished (ibid. s. 5 (2)—see p. 80). Where the claimant makes an offer and the sum awarded is equal to or exceeds that sum, he will ordinarily be entitled to his costs after the date of the offer (ibid. s. 5 (3)—see p. 80). Subject to the above provisions the costs of an arbitration are in the discretion of the official arbitrator (ibid. s. 5 (4)— see p. 80). As to taxation, see s. 5 (5), p. 80,

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Assessment otherwise than by official arbitrator.-It will be observed that, instead of submitting to an official arbitrator any question as to whether any property is injuriously affected or increased in value by the making of a scheme and as to the payment to be made, the parties may agree on some other method of determination" (see p. 125). They may, if they please, appoint any person as arbitrator (cf. Acquisition of Land (Assessment of Compensation) Act, 1919, s. 8 (1)).

Withdrawal of provisions of scheme. The responsible authority may, instead of paying compensation that has been awarded, withdraw or modify the provisions of the scheme which gave rise to the claim for compensation (Housing, etc. Act, 1923, s. 20 (1), (2), pp. 174, 175).

Recovery of sum awarded.-Any amount due as compensation to a person from a responsible authority, or to a responsible authority from a person whose property is increased in value, may be recovered summarily as a civil debt (Housing, Town Planning, etc. Act, 1909, s. 58 (5)); that is to say, proceedings to recover such compensation may be taken on complaint before a court of summary jurisdiction, but an order for payment, in default of distress or otherwise, may not be enforced by imprisonment except upon proof of means (Summary Jurisdiction Act, 1879, s. 31). It would also appear that the costs of an arbitration may be recovered summarily as a civil debt (see Acquisition of Land (Assessment of Compensation) Act, 1919, and cf. Huddersfield Corporation v. Shaw (1890), 54 J. P. 724).

With respect to charging on the inheritance of land a betterment payment, see s. 55 and Sched. IV. (19) of the Housing, Town Planning, etc. Act, 1909, at p. 43, and cf. model clause 58, p. 258.

No award of compensation in respect of property injuriously affected by the making of a scheme may be enforced within one month of the date of the award or pending the Minister's decision on a varying scheme, if the requisite notice has been given (Housing, etc. Act, 1923, s. 20 (3)—see pp. 174, 175),

CHAPTER IX.-POWERS AND DUTIES OF THE MINISTER OF HEALTH.

THE Minister of Health, to whom were transferred by s. 3 (1) of the Ministry of Health Act, 1919, all the powers and duties of the Local Government Board, has, it will have been observed, general control over town planning schemes. The present chapter deals with the power of the Minister of Health to make regulations for various purposes (see pp. 129 to 131); the statutory provisions relating to the determination of matters by the Minister of Health as arbitrator or otherwise (see pp. 131 to 135); and the provisions respecting inquiries by the Minister of Health (see pp. 135 to 138).

The Minister may sue and be sued by the name of the Minister of Health, and may for all purposes be described by that name (Ministry of Health Act, 1919, s. 7 (1)).

1. REGULATIONS WITH RESPECT TO TOWN PLANNING SCHEMES.

The Minister of Health may make regulations for regulating generally the procedure to be adopted with respect to the preparation or adoption of a town planning scheme, obtaining the approval of the Minister to a scheme so prepared or adopted, the variation or revocation of a scheme, and any inquiries; reports, notices, or other matters required in connection with the preparation or adoption or the approval of the scheme or preliminary thereto, or in relation to the carrying out of the scheme or enforcing the observance of the provisions thereof, or the variation or revocation of the scheme. The regulations are to provide: (a) for securing co-operation on the part of the local authority with the owners and other persons interested

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