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(2.) The decision of the High Court upon any case so stated shall be final and conclusive, and shall not be subject to appeal to any other court.2

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(1) If a question of law arises in the course of proceedings the official arbitrator may either state a special case for the opinion of the High Court and reserve his award until that opinion is given, or he may make his award in the form of a special case raising the question of law and stating his decision alternatively. These provisions are taken from sects. 7 (b) and 19 of the Arbitration Act, 1889 (52 & 53 Vict. c. 49). "At any stage of the proceedings' means before the proceedings have come to an end by a completed award: Tabernacle Permanent Building Society v. Knight (62 L. J. Q. B. 52; [1892] A. C. 302). If a party to an arbitration bonâ fide requests the arbitrator to state a case and to delay making his award until the party can apply to the court for an order directing a case and the arbitrator refuses to comply with either request, he is primâ facie guilty of misconduct such as would justify the court in setting aside the award: Re Palmer & Co. and Hoskens & Co. (67 L. J. Q. B. 1; [1898] 1 Q. B. 131). A special case may be set down for hearing either in the Chancery or King's Bench Division. In the former case it will be heard by a single judge, in the latter by a Divisional Court.

(2) There is no right of appeal from the decision of a Divisional Court in respect of an award under this Act to the Court of Appeal: Re Northwood and London C. C. ([1927] W. N. 144; 25 L. G. R. 254).

§§ 6, 7.

Act on

7.—(1.) The provisions of the Act or order by which Effect of the land is authorised to be acquired, or of any Act existing incorporated therewith, shall, in relation to the matters enactments. dealt with in this Act, have effect subject to this Act, and so far as inconsistent with this Act those provisions shall cease to have or shall not have effect:1

Provided that nothing in this Act relating to the rules for assessing compensation shall affect any special provisions as to the assessment of the value of land acquired for the purposes of Part I. or Part II. of the Housing of the Working Classes Act, 1890, or under the Defence of 53 & 54 Vict. the Realm (Acquisition of Land) Act, 1916, and con- 6 & 7 Geo. 5, tained in those Acts respectively, or any Act amending c. 63.

c. 70.

$ 7.

8 Edw. 7, c. 36.

those Acts, if and so far as the provisions in those Acts are inconsistent with the rules under this Act and the provisions of the Second Schedule to the Housing of the Working Classes Act, 1890, as amended by any subsequent enactment (except paragraphs (4), (5), (29), and (31) thereof) shall apply to an official arbitrator as they apply to an arbitrator appointed under that schedule, and an official arbitrator may exercise all the powers conferred by those provisions on such arbitrator.2

(2.) The provisions of this Act shall apply to the determination of the amount of rent or compensation payable in respect of land authorised to be hired compulsorily under the Small Holdings and Allotments Act, 1908, or any Act amending that Act, and any matter required thereby to be determined by a valuer appointed by the Board of Agriculture and Fisheries shall be determined by an official arbitrator in accordance with this Act.

(1) This is an important enactment superseding in the case of any existing Act or order authorising the acquisition of land to which this Act applies the provisions therein contained or incorporated for the ascertainment of compensation for the land and substituting the provisions of the present Act, but provisions in a local Act for ascertainment of compensation have been held to prevail over the provisions of this Act: see Blackpool Corporation v. Starr Estate Co. (91 L. J. K. B. 202; [1922] 1 A. C. 27). The Act applies to land taken under the Defence Act, 1842: see Hutton v. Att.-Gen. (96 L. J. Ch. 286; [1927] 1 Ch. 427).

(2) The Housing of the Working Classes Act, 1890, contained in sect. 21 special provisions as to the assessment of compensation in cases arising under Part I. (Unhealthy Areas) of the Act, and in sect. 41 special provisions as to arbitrations and compensation in cases arising under Part II. (Unhealthy DwellingHouses) of the Act. The Act is now repealed and to a large extent re-enacted by the Housing Act, 1925 (15 Geo. 5, c. 14). The First Schedule to that Act contains rules as to assessment of compensation. Part I. relates to lands included in an improvement or reconstruction scheme only for the purpose of making this scheme efficient. Part II. relates to the case of the purchase of lands on which obstructive buildings are erected; and Part III. relates to the case where obstructive buildings are

pulled down, the owner retaining the site. In cases falling within Parts I. and II., it is declared that subject to the special rules the compensation to be paid shall be assessed in accordance with the provisions of this Act. In cases falling within Part III., it is declared that, subject to the special rules, the compensation to be paid shall be assessed under this Act, and the provisions of this Act other than sect. 2 thereof shall apply accordingly notwithstanding that no land is acquired compulsorily.

The Defence of the Realm (Acquisition of Land) Act, 1916, contained in sect. 8 provisions for the determination of all questions as to compensation or as to the purchase price of land or any interest therein to be paid under the Act. The question was to be referred to such one of a panel of referees to be appointed in like manner as the panel appointed under the Finance (1909-10) Act, 1910. The provisions of the Lands Clauses Acts were by sect. 3 (5) incorporated subject to the modifications set out in the schedule.

SS 7, 8.

refer to Com

of Inland

8.-(1.) Nothing in this Act shall prevent, if the Power to parties so agree, the reference of any question as to dis- missioners puted compensation or appointment of rent to the Commissioners of Inland Revenue or to an arbitrator agreed on on between the parties.1

(2.) Where a question is so referred to the Commissioners of Inland Revenue, the Commissioners shall not proceed by arbitration, but shall cause an assessment to be made in accordance with the rules for the assessment of compensation under this Act, and the following provisions shall have effect:

(a) The parties shall comply with any direction or
requirements as to the furnishing of information

(whether orally or in writing) and the produc-
tion of documents and otherwise;

(b) Any officer of the Commissioners appointed for the
purpose shall be entitled to enter on and inspect.
any land which is subject to the reference to
them;

(c) The Commissioners, if either party so desires within such time as the Commissioners may allow, shall give the parties an opportunity of being heard before such officer of the valuation office of the

Revenue or

to agreed

arbitrator.

$8.

Commissioners as the Commissioners may appoint for the purpose;

(d) The assessment when made shall be published to the parties and take effect as if it were an award of an official arbitrator under this Act;

(e) If either party refuses or neglects to comply with any direction or requirement of the Commissioners, the Commissioners may decline to proceed with the matter, and in that case the question shall be referred to an official arbitrator as if there had been no reference to the Commissioners, and the official arbitrator when awarding costs shall take into consideration any report of the Commissioners as to the refusal or neglect which rendered such a reference to him necessary.

(3.) Where a question is referred to an arbitrator under sub-section (1) of this section, the provisions of this Act, except sections one and four and so much of section three as requires proceedings to be in public and as provides for the fixing of fees, shall apply as if the arbitrator was an official arbitrator.

(4.) Either party to a claim for compensation may require the Commissioners for Inland Revenue to assess the value of the land in respect of which the claim arises,

and a copy of any such assessment shall be sent forthwith

by the Commissioners to the other party, and a certified copy of such assessment shall be admissible in evidence of that value in proceedings before the official arbitrator, and the officer who made the assessment shall attend, if the official arbitrator so require, to answer such questions as the official arbitrator may think fit to put to him thereon.2

(1) The parties to a question of disputed compensation in respect of land compulsorily acquired to which this Act applies have three courses open: (a) determination by an official arbitrator; (b) determination by an assessment (not arbitration) by the

Commissioners of Inland Revenue; (c) determination by an arbitrator agreed on between the parties.

If course (b) is adopted the rules of sub-sect. 2 of this section will apply; if course (c) the provisions of the Act will apply except sects. 1 and 4, and so much of sect. 3 as requires the proceedings to be in public, and provides for the fixing of fees. It may in some cases be thought desirable to adopt course (c) to avoid a public hearing.

(2) The Commissioners of Inland Revenue may be called upon by either party to assess the value of the land, and their assessment will be admissible in evidence of the value.

SS 8-10.

of value of

9. An official arbitrator may on the application of any Certificates person certify the value of land being sold by him to a official Government department or public or local authority, and arbitrators. the sale of the land to the department or authority at the price so certified shall be deemed to be a sale at the best price that can reasonably be obtained.1

(1) This section is probably intended to meet the case of a person selling in a fiduciary capacity and bound to obtain the best price that can reasonably be obtained. Such person may apparently, without a formal arbitration, obtain the certificate of an official arbitrator as to the value of the land if the sale is to a Government department or public or local authority, and if he sells at that price the sale will be deemed to be at the best price.

statutory

10.-(1.) The provisions of this Act shall not apply to Saving for any purchase of the whole or any part of any statutory purchases of undertaking under any statutory provisions in that behalf statutory prescribing the terms on which the purchase is to be takings. effected.

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(2.) For the purposes of this section, the expression statutory undertakings" means an undertaking established by Act of Parliament or order having the force of an Act, and the expression "statutory provisions' includes the provisions of an order having the force of an Act.

S.H.

10

under

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