no grounds of appeal can be entertained other than those set forth in the statement.

The Court of Quarter Sessions may, if they think fit, state the facts specially for the determination of the Court of Queen's Bench, in which case the proceedings may be removed there by writ of certiorari or otherwise. (18 & 19 Vict. c. 121. s. 40.) See also Removal of Nuisances, p. 50.

Proceedings against Sanitary Authority.

Notice of Action.

No writ or process can be sued out against a superintending inspector, or person acting in his aid, nor against the sanitary authority, or any member thereof, or the officer of health, clerk, surveyor, inspector of nuisances, or other person acting under the direction of the sanitary authority, for anything done or intended to be done under the provisions of the Nuisances Removal Acts,* until the expiration of one month next after notice in writing has been delivered to him, or left at their or his office or usual place of abode, explicitly stating the cause of action and the name and place of abode of the intended plaintiff, and of his attorney or agent in the cause.

Upon the trial of the action the plantiff is not permitted to go into evidence of a cause of action not stated in the notice; and unless the notice is proved, the jury must find for the defendant. (11 & 12 Vict. c. 63. s. 139.; 18 & 19 Vict. c. 121. s. 42.)

Limitation of Actions. Venue. Tender.

The action must be commenced within 6 months next after the accrual of the cause of action, and must be laid in the county or place where the case of action occurred. The defendant is at liberty to plead the general issue, and give these Acts and all special matter in evidence under it.

A person to whom this notice of action is given may tender amends to the plaintiff, his attorney or agent, at any time within one month after service of the notice, and if they are not accepted they may plead the tender in bar, (and by leave of the court) with the general issue or other pleas. If upon issue joined upon a plea to the whole action the jury find generally for the defendant or if the plaintiff is non-suited or discontinues, or if judgment is given for the defendant, then the defendant is entitled to full costs of suit, and has judgment accordingly. If amends have not been tendered, or are insufficient, the defendant may, by leave of the court at any time before trial pay into court under plea the sum of money he thinks proper and (by the like leave) may plead the general issue or other pleas, any rule of court or practice to the contrary notwithstanding. (11 & 12 Vict. c. 63. s. 139.; 18 & 19 Vict. c. 121. s. 42.)

* For definition, see note on p. 12.

Protection against Personal Liability.

Nothing done and no contract entered into by a sanitary authority, nor anything done by a superintending inspector, or by a member of the sanitary authority, or by the officer of health, clerk, surveyor, inspector of nuisances, or other person acting under the direction of the sanitary authority, will, if done or entered into bond fide for the purpose of executing these Acts, subject any of them personally to any action or liability. (11 & 12 Vict. c. 63. s. 140.; 18 & 19 Vict. c. 121. s. 42.)

When Justices are Members of the Sanitary Authority or

Ratepayers.

Justices are not deemed incapable of acting under the Nuisances Removal Acts, by being members of the sanitary authority, or by being liable to contribute to the rate out of which the expenses incurred in executing these Acts must be defrayed. (29 & 30 Vict. c. 41. s. 2.)

ARBITRATION.

Compensation.

Full compensation must be made out of the rates to all persons sustaining any damage by reason of the exercise of any of the powers of the Sewage Utilization Act, 1865.* In case of dispute as to the amount of compensation the same must be settled by arbitration, as provided in the Public Health Act, 1848, or any Act amending it. (28 & 29 Vict. c. 75. s. 8.)

The following are the provisions of the Public Health Act, 1848, with respect to arbitration :

Appointment of Arbitrators.

Unless both parties concur in the appointment of a single arbitrator, each party, on the request of the other, must appoint an arbitrator, to whom the matter must be referred.

The appointment when made on behalf of the sanitary authority must be under their seal, and on behalf of any other party under his hand, or if the other party is a corporation aggregate under their common seal. The appointment must be delivered to the arbitrators, and is deemed a submission to arbitration by the parties making it. After the making of the appointment it cannot be revoked without the consent of both parties, nor will the death of either party operate as a revocation.

If for 14 days after the matter has 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 the appointment, the party to whom notice is given fails to appoint an arbitrator, the arbitrator appointed by the party giving the notice is deemed appointed by, and he must act on behalf of both parties. The award of the arbitrator or arbitrators is binding and conclusive upon all persons and for all purposes. (11 & 12 Vict. c. 63. s. 123.)

Definition of Arbitrators.

The word "Arbitrators" includes a single arbitrator, and the words "Arbitrators" and "Arbitrator" include an Umpire. (11 & 12 Vict. c. 63. s. 2.)

Death or Refusal of an Arbitrator.

If before the determination of a matter referred, an arbitrator dies or refuses or becomes incapable to act, the party by whom he was appointed may oppoint in writing another person in his

*See note on p. 7.

stead. If he fails so to do for 7 days after notice in writing from the other party in that behalf, the remaining arbitrator may proceed ex parte. Every arbitrator so appointed has the powers vested in the arbitrator in whose stead the appointment is made.

In case a single arbitrator dies or becomes incapable to act before making his award, or fails to make his award within 21 days after his appointment, or within any extended time, duly appointed by him for that purpose, the matters referred to him must be again referred to arbitration under these provisions, as if no former reference had been made. (11 & 12 Vict. c. 63. s. 124.)

Umpires.

When there is more than one arbitrator, the arbitrators must before they enter upon the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire dies, or becomes incapable to act, the arbitrators must forthwith appoint another person in his stead. If the arbitrators neglect or refuse to appoint an umpire for 7 days after being requested so to day by any party to the arbitration, the court of general or quarter sessions must, on the application of the party appoint an umpire. The award of the umpire is binding and conclusive upon all persons and to all persons. (11 & 12 Vict. c. 63. s. 125.)

Time for making Award.

In case the arbitrators fail to make their award within 21 days after the day on which the last of them was appointed, or within any extended time, duly appointed by them for that purpose, the matters referred must be determined by the umpire. The provisions with respect to the time for making an award, and with respect to extending the same in the case of a single arbitrator apply to an umpirage. (11 & 12 Vict. c. 63. s. 125.)

The time for making the award must not be extended beyond 3 months from the date of the submission or from the day on which the umpire has been appointed (as the case may be). (11 & 12 Vict. c. 63. s. 126.)

Submission may be made a rule of Court.

An arbitrator or umpire may require the production of documents in the possession or power of either party which they or he think necessary for determining the matters referred, and may examine the parties or their witnesses on oath.

The costs consequent upon the reference are in the discretion of the arbitrators or of the umpire (in case the matters referred

are determined by an umpire). The submission to arbitration may be made a rule of any of the superior courts, on the application of any party to it. (11 & 12 Vict. c. 63. s. 127.)

Declaration.

Before an arbitrator or umpire enters upon the reference he must make and subscribe the following declaration before a justice:

IA.B. do solemnly and sincerely declare, that I will faithfully and honestly, and to the best of my skill and ability, 'hear and determine the matters referred to me under the Local 'Government Acts.

A.B.'

The declaration must be annexed to the award when made: and if the arbitrator or umpire wilfully acts contrary to this declaration he is guilty of a misdemeanor. (11 & 12 Vict. c. 63. s. 128.)

Amounts under 201.

If the compensation claimed does not exceed 201., it may be ascertained by and recovered in a summary manner before two justices, together with such costs of the proceedings as the justices think proper.

If the sums adjudged are not paid by the party against whom the adjudication is made, they may be levied by distress and sale of his goods, by warrant under the hands and seals of the justices making the adjudication. (28 & 29 Vict. c. 75. s. 8. ; 11 & 12 Vict. c. 63. s. 129.)

See also Water Supply, p. 16; and Sewers and Drains, p. 23.