§§ 2, 3.

Provision as to procedure before official

arbitrators.

L. J. K. B. at pp. 1013, 1014; [1909] 1 K. B. at p. 29). The proviso to this sub-section with regard to previous offers is not limited to cases which come within the sub-section, and in an arbitration therefore under the Act the arbitrator ought to take into consideration any offer made before the passing of the Act, even though such offer resulted in an agreement which subsequently from any cause became null and void: Percival v. Peterborough Corporation (95 L. J. K. B. 184; [1921] 1 K. B. 414). (4) This rule would cover such a case as an insanitary area bringing in a considerable rental.

(5) This rule might apply to the case of a public recreation ground which, or part of which, might be taken compulsorily subject to reinstatement or substitution of other land for the same purpose.

(6) Under the Agricultural Holdings Act, 1923, s. 12, a tenant whose tenancy is determined by a notice to quit from the landlord is, except in certain excepted cases, given a right to compensation for disturbance. It is not clear how the assessment of such compensation could, except for this rule, have been affected by rule 2. Compensation for disturbance of business is another possible item of claim on a compulsory purchase.

3.-(1.) In any proceedings before an official arbitrator, not more than one expert witness on either side shall be heard unless the official arbitrator otherwise directs:

Provided that, where the claim includes a claim for compensation in respect of minerals, or disturbance of business, as well as in respect of land, one additional expert witness on either side on the value of the minerals, or, as the case may be, on the damage suffered by reason of the disturbance may be allowed.

(2.) It shall not be necessary for an official arbitrator to make any declaration before entering into the consideration of any matter referred to him.1

(3.) The official arbitrator shall, on the application of either party, specify the amount awarded in respect of any particular matter the subject of the award.

(4.) The official arbitrator shall be entitled to enter on

and inspect any land which is the subject of proceedings §§ 3-5. before him.

(5.) Proceedings under this Act shall be heard by an official arbitrator sitting in public.

(6.) The fees to be charged in respect of proceedings before official arbitrators shall be such as the Treasury may prescribe.2

(7.) Subject as aforesaid, the Reference Committee may make rules regulating the procedure before official arbitrators.3

(1) Under the Lands Clauses Consolidation Act, 1845, s. 60, a surveyor is bound to make a declaration in the presence of a justice before entering on the duty of making a valuation.

(2) See the Acquisition of Land (Assessment of Compensation) Fees Rules, 1920, post, pp. 252, 254.

(3) See the Acquisition of Land (Assessment of Compensation) Rules, 1919, post, p. 239.

compensa

various in

4. Where notices to treat have been served for the Consolidaacquisition of the several interests in the land to be tion of proceedings on acquired, the claims of the. persons entitled to such claims for interests shall, so far as practicable, and so far as not tion in agreed and if the acquiring authority so desire, be heard respect of and determined by the same official arbitrator, and the Reference Committee may make rules providing that such claims shall be heard together, but the value of the several interests in the land having a market value shall be separately assessed..1

66

(1) The several interests in the land to be acquired may be freehold and leasehold interests or interests of mortgagor and mortgagee. The section provides that the claims of the persons entitled to such several interests shall, if the acquiring authority so desire, be heard by the same arbitrator and, if so provided by rules, together, but the values must be separately assessed.

terests in the

same land.

to costs.

5.-(1.) Where the acquiring authority has made an Provisions as unconditional offer in writing of any sum as compensation to any claimant and the sum awarded by an official

arbitrator to that claimant does not exceed the sum offered, the official arbitrator shall, unless for special reasons he thinks proper not to do so, order the claimant to bear his own costs and to pay the costs of the acquiring authority so far as such costs were incurred after the offer was made.1

(2.) If the official arbitrator is satisfied that a claimant has failed to deliver to the acquiring authority a notice in writing of the amount claimed by him giving sufficient particulars and in sufficient time to enable the acquiring authority to make a proper offer, the foregoing provisions of this section shall apply as if an unconditional offer had been made by the acquiring authority at the time when in the opinion of the official arbitrator sufficient particulars should have been furnished and the claimant had been awarded a sum not exceeding the amount of such offer.

The notice of claim shall state the exact nature of the interest in respect of which compensation is claimed, and give details of the compensation claimed, distinguishing the amounts under separate heads and showing how the amount claimed under each head is calculated, and when such a notice of claim has been delivered the acquiring authority may, at any time within six weeks after the delivery thereof, withdraw any notice to treat which has been served on the claimant or on any other person interested in the land authorised to be acquired, but shall be liable to pay compensation to any such claimant or other person for any loss or expenses occasioned by the notice to treat having been given to him and withdrawn, and the amount of such compensation shall, in default of agreement, be determined by an official arbitrator.2

(3.) Where a claimant has made an unconditional offer in writing to accept any sum as compensation and has complied with the provisions of the last preceding subsection, and the sum awarded is equal to or exceeds that sum, the official arbitrator shall, unless for special reasons

he thinks proper not to do so, order the acquiring authority to bear their own costs and to pay the costs of the claimant so far as such costs were incurred after the offer was made.3

(4.) Subject as aforesaid, the costs of an arbitration under this Act shall be in the discretion of the official arbitrator who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and the official arbitrator may in any case disallow the cost of counsel.4

(5.) An official arbitrator may himself tax the amount of costs ordered to be paid, or may direct in what manner they are to be taxed.5

(6.) Where an official arbitrator orders the claimant to pay the costs, or any part of the costs, of the acquiring authority, the acquiring authority may deduct the amount so payable by the claimant from the amount of the compensation payable to him.

(7.) Without prejudice to any other method of recovery, the amount of costs ordered to be paid by a claimant, or such part thereof as is not covered by such deduction as aforesaid shall be recoverable from him by the acquiring authority summarily as a civil debt.

(8.) For the purpose of this section, costs include any fees, charges, and expenses of arbitration or award.

(1) Where an acquiring authority has made an unconditional offer in writing of any sum as compensation, the claimant must either accept it or if he refuses run the risk of having to bear his own costs and pay those of the authority unless the sum awarded exceeds that offered.

(2) A person interested in land proposed to be acquired after receipt of a notice to treat if no sum is agreed upon for the purchase of his interest should deliver a notice of claim giving sufficient particulars in sufficient time to enable the acquiring authority to make a proper offer and stating (a) the exact nature of the interest in the land for which he claims compensation; (b) details of the compensation claimed under separate heads and

§§ 5, 6.

Finality of award and

statement of special cases.

showing how the amount claimed is calculated under each head, e.g., in the case of land occupied by the owner there might be separate heads for the selling value of the land, the timber thereon, the growing crops, loss by severance. This sub-section gives the acquiring authority power to withdraw a notice to treat within six weeks after delivery of the notice of claim. A power of withdrawal of a notice to treat after determination of the amount of the compensation in respect of land for small holdings or allotments is given to councils by sect. 39 (8) of the Act of 1908. In other cases, under the Lands Clauses Act, a valid notice to treat cannot be withdrawn.

(3) If the claimant makes an unconditional offer in writing to accept a certain sum as compensation and has duly given particulars of his claim under sub-sect. 2 and he is awarded a sum equal to or exceeding that sum he will be entitled in the absence of special reasons to the contrary to be paid by the acquiring authority his costs incurred after the offer made.

(4) There is no provision in this Act as in the First Schedule to the Small Holdings and Allotments Act, 1908, against the employment of counsel, but there is this special power to the official arbitrator to disallow the cost of counsel, and by sect. 17, sub-sect. 3 (a) of the Act of 1926 it is declared that this Act has not affected the power of the Minister under paragraphs (5) and (6) of the First Schedule to the Act of 1908 to give directions with respect to the hearing of counsel or expert witnesses. See post, p. 212; see also sect. 8 (3) of the Allotments Act,

1922.

(5) An arbitrator has, notwithstanding the provisions as to taxing in this sub-section, a discretion in a case under this Act to award a lump sum for costs: Bradshaw v. Air Council (95 L. J. Ch. 499; [1926] Ch. 329).

6.-(1.) The decision of an official arbitrator upon any question of fact, shall be final and binding on the parties, and the persons claiming under them respectively, but 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.1