(Sec. 126.) not to revoke. may proceed ber, or under the Common Seal in case of a Corporate District, and on the Behalf of any other Party, under his Hand, or if such Party be a Corporation Aggregate under the Common Seal thereof; and such Appointment shall be delivered to the Arbitrators, and shall be deemed a Submission to Arbitration, by the Parties making the same; and after the making of any such Appointment the Death of Party same shall not be revoked without the Consent of both Parties, nor shall the Death of either Party operate as a Revocation; and if One Arbitrator for the Space of Fourteen Days after any such Matter shall have alone, when arisen, and Notice in Writing by One Party who has himself duly appointed an Arbitrator to the other Party, stating the Matter to be referred, and accompanied by a Copy of such Appointment, the Party to whom Notice is given fail to appoint an Arbitrator, the Arbitrator appointed by the Party giving the Notice shall be deemed to be appointed by and shall act on behalf of both Parties and the Award of any Arbitrator or Arbitrators appointed in pur- Award to be suance of this Act shall be binding, final, and conclusive upon all Persons, and to all Intents and Purposes whatsoever. Also the Section numbered 124 of the said Act: final. one of several CXXIV. And be it enacted, That if before the Determination of any Death, &c. of Matter so referred any Arbitrator die, or refuse or become in- Arbitrators. capable to act, the Party by whom such Arbitrator was appointed may appoint in Writing another Person in his Stead; and if he fail so to do for the Space of Seven Days after Notice in Writing from the other Party in that Behalf the remaining Arbitrator may proceed ex parte; and every Arbitrator so appointed shall have the same Powers and Authorities as were vested in the Arbitrator in whose Stead the Appointment is made; and in case a single of single ArbiArbitrator die, or become incapable to act, before the making of trator. his Award, or fail to make his Award within Twenty-one Days after his Appointment, or within such extended Time, if any, as shall have been duly appointed by him for that Purpose, the Matters referred to him shall be again referred to Arbitration under the Provisions of this Act, as if no former Reference had been made. Also the Section numbered 125 of the said Act: Umpire by the CXXV. And be it enacted, That in case there be more than One Appointment of Arbitrator the Arbitrators shall, before they enter upon the Reference, appoint by Writing under their Hands an Umpire, and if the Person appointed to be Umpire die, or become incapable to act, the Arbitrator shall forthwith appoint another Person in his Stead; and in case the Arbitrators neglect or refuse to appoint an arter Sessions. (Sec. 126.) Award of Umpire final. Umpire's duties. Time within which Award must be made. Power to Arbi- As to Costs of Submission may be made a Rule of Court. Declaration to be made by Arbitrator and Umpire. Umpire for Seven Days after being requested so to do by any Party to the Arbitration, the Court of General or Quarter Sessions shall, on the Application of any such Party, appoint an Umpire; and the Award of the Umpire shall be binding, final, and conclusive upon all Persons and to all Intents and Purposes whatsoever; and in case the Arbitrators fail to make their Award within Twenty-one Days after the Day on which the last of them was appointed, or within such extended Time, if any, as shall have been duly appointed by them for that Purpose, the Matters referred shall be determined by the Umpire; and the Provisions of this Act with respect to the Time for making an Award, and with respect to extending to the same in the Case of a single Arbitrator, shall apply to an Umpirage. Also the Section numbered 126 of the said Act : CXXVI. Provided always, and be it enacted, That the Time for making an Award under this Act shall not be extended beyond the Period of Three Months from the Date of the Submission or from the Day on which the Umpire shall have been appointed (as the Case may be). Also the Section numbered 127 of the said Act: CXXVII. And be it enacted, That 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; and the Costs of and consequent upon the Reference shall be in the Discretion of the Arbitrator or Arbitrators, or of the Umpire (in case the Matters referred are determined by an Umpire under the Power herein before contained in that Behalf); and 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. Also the Section numbered 128 of the said Act. CXXVIII. And be it enacted, That before any Arbitrator or Umpire shall enter upon any such Reference as aforesaid he shall make and subscribe the following Declaration before a Justice of the Peace; (that is to say,) 'I A.B. do solemnly and sincerely declare, That I will faithfully and honestly, and to the best of my Skill and Ability, hear and deter'mine the Matters referred to me under the Public Health Act, ⚫ 1848. A.B. (Sec. 127.) And such Declaration shall be annexed to the Award when made; Acting contrary and if any Arbitrator or Umpire shall wilfully act contrary to such Declaration he shall be guilty of a Misdemeanor. to, a misdemeanor. cedure. And with respect to the Recovery of Damages and of Penal- Summary Proties not specially provided for, and to the Determination of any Matter referred to Justices of the Peace, be it enacted, CXXVII. That the following Sections of "The Public Health Also Sections 129 Act, 1848," shall be incorporated with this Act: The Section numbered 129 of the said Act: to 134 of the same Act. before Justices. CXXIX. And be it enacted, That in all Cases in which the Amount Legal Proceedings. of any Damages, Costs, or Expenses is by this Act directed to be ascertained or recovered in a summary (a.) Manner the same may Recovery of be ascertained by and recovered before Two Justices, together with Damages, &c. such Costs of the Proceedings as the Justices may think proper ; and if the Sums adjudged be not paid by the Party against whom the Adjudication is made the same may be levied by Distress and Sale of his Goods and Chattels, by Warrant under the Hands and Seals of the Justices making the Adjudication; and any Penalty of Penalties. imposed by or under the Authority of this Act, or any Byelaw made under this Act, the Recovery whereof is not otherwise expressly provided for, may, upon Proof on Oath of the Offence in respect of which the Penalty is alleged to have been incurred, be recovered before Two Justices, together with such Costs of the Proceedings as they may think proper; and if the Sums adjudged Distress. be not paid by the Party against whom the Adjudication is made the same may be levied by Distress and Sale of his Goods and Chattels, by Warrant under the Hands and Seals of the Justices making the Adjudication; and such Justices or either of them Detention of may order that any Offender convicted as last aforesaid be detained Goods are found, (a) It will be observed that only damages, &c. that by this act are "directed to be ascertained or recovered in a summary manner," can be recovered under this section. In the sections incorporated from the Public Health Act this direction is contained; but in the 46th, 65th, 69th, 71st, and 83rd sections incorporated from the Towns Improvement Clauses Act, ante, pages 59, 80,81,82, and 85, respectively, and in the 33rd (page 107) and 63rd (page 117) sections from the Town Police Clauses Act, this direction is not contained, and the expenses, &c. are therein simply directed "to be recoverable as damages;"the Towns Improvement Clauses and Town Police Clauses Acts have each distinct provisions (the former by section 210, the latter by section 73) directing the recovery of such damages under the Clauses of the Railway Clauses Consolidation Act, "with respect to the Recovery of damages not specially provided for." (See these Clauses in the appendix No. 4, post). These Clauses are not incorporated in the Cheltenham Act, and it would seem that the Commissioners, in order to recover the damages, &c. incurred under the above mentioned sections of the Towns Improvement Clauses Act, and the Town Police Clauses Act, must resort to the County Court, or the Superior Courts according to the amount claimed. See note to section 120 of the Public Health Act, page 146,ante, as to what Expenses are directed to be recovered in a summary manner. It is to be remarked no power is given for warrants of distress being executed out of the Justices' Jurisdiction by being backed as in the case of distresses for Rates, see section 103 of the Public Health Act, incorporated by section 120, ante, page 151. Offender till or Security given, &c. (Sec. 127.) Commitment in default of Distress. Form of Conviction. Mode of Proceeding before Justices. and kept in safe Custody until Return can be conveniently made to the last mentioned Warrant, unless he give sufficient Security, by way of Recognizance or otherwise, for his Appearance on the Day appointed by the Return, such Day not being more than Eight Days from the Time of taking the Security; and if before issuing such Warrant, or upon the Return thereof, it appear to the Satisfaction of the last-mentioned Justices that no sufficient Distress can be had within their Jurisdiction, they may, by Warrant under their Hands and Seals, cause the Offender to be committed to Gaol, there to remain, without Bail, for any Term not exceeding Three Months, unless such Penalty and Costs be sooner paid. Also the Section numbered 130 of the same Act: CXXX. And be it enacted, That the Justices before whom any Person is convicted of any Offence against the Provisions of this Act may cause the Conviction to be drawn up according to the Form and Directions contained in the Schedule (E.) (a.) annexed to this Act, or to the like Effect; and any Conviction so drawn up shall be valid and effectual to all Intents and Purposes. Also the Section numbered 131 of the same Act: CXXXI. (b.) And be it enacted, That in proceeding before any Justice or Justices under the Provisions of this Act, in any Case in which the Mode of proceeding is not specially prescribed, any One Justice may summon the Party charged to appear before the Justice or Justices by whom the Matter is to be determined at a Time and Place to be named; and upon the Appearance of the Party charged, or in his Absence upon Proof of Service of the Summons upon him personally, or by leaving a Copy thereof at his last known Place of Abode or Business, the last-mentioned Justice or Justices may hear and determine the Matter, and for that Purpose examine the Parties or any of them, and their Witnesses, (c.) on Oath; and the Costs of all such Proceedings shall be in the Discretion of the last-mentioned Justice or Justices; and where in this Act any Sum of Money whatsoever is directed to be levied by Distress and Sale of the Goods and Chattels of any Party, the Overplus arising from such Sale shall, after satisfying such Sum, (a.) See the Form incorporated in Schedule E. to this Act, post. (b.) With regard to Proceedings before Justices see Jervis' Acts which, Mr. Lawes writes, must be construed as supplemental to the Public Health Act and of course to this, and in cases of inconsistency the Local Act being later must govern. (c.) The 11 and 12 Vic. c. 43, sec. 7, empowers the Justices to Summon, &c. Witnesses within their Jurisdiction. (Sec. 127.) for want of form. and the Costs and Expenses of the Distress and Sale, be returned to him, on Demand; and no Distress levied under the Authority Not unlawful of this Act shall be unlawful, nor shall any Party making the same be a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceeding relating thereto, nor shall he be a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction in an Action upon the Case. Also the Section numbered 132 of the said Act: any Commissioners CXXXII. And be it enacted, That Justices of the Peace, being also Justices, though Members of Local Board of Health, may, if acting in Petty or liable to rates, Sessions, notwithstanding their being such Members, exercise the this Act. Jurisdiction vested in them as such Justices under this Act. And no Justice of the Peace shall be disqualified from acting as such in the Execution of this Act by reason of his being a Commissioner or being liable to the Payment of any Rate under this Act: Also the Section numbered 133 of the said Act: may act under sue without Con sent of Attorney General. Penalties to be CXXXIII. And be it enacted, That no Proceedings for the Recovery Common Inof any Penalty incurred under the Provisions of this Act shall be formers not to had or taken by any Person other than by a Party grieved, or the Local Board of Health in whose District the Offence is committed, or by the Churchwardens and Overseer of the Poor (where any such Penalty is directed to be paid to the Churchwardens and Overseers of the Poor), without the Consent in Writing of Her Majesty's Attorney General first had and obtained; and that no Proceedings for such Penalty shall be recovered unless Proceedings for the Reco- taken within very thereof shall have been commenced within Six Calendar Six Months. Months (a) after the Commission or Occurrence of the Offence upon which the Penalty attaches; and if the Application of the Penalty be not otherwise provided for, One Half thereof shall go to the Informer, and the Remainder to the Local Board of Health of the District in which the Offence was committed: Provided always, that if the said Local Board be the Informer they shall be entitled to the whole of the Penalty recovered; and all Penalties (a) Where no time is specially appointed for making complaints upon which a Justice or Justices may be authorized to make an order, or laying informations for any act or offence punishable upon summary conviction, such complaint or information must be made or laid within six calendar months from the time when the matter of the Complaint or Information arose. 12 & 13 Vic. 43 s. 11. Application of |