This will not prevent the parties proceeded against from recovering contribution where they are entitled to contribution by law. (18 & 19 Vict. c. 121. s. 34.)

When in any proceeding under these Acts, whether written or otherwise, it is necessary to mention or refer to the owner or occupier of any premises, it is sufficient to designate him as the "owner" or "occupier" of such premises. (18 & 19 Vict. c. 121. s. 35.)

Penalties for Obstructing Execution of Acts.

If any one refuses to obey an order of justices for admission on premises of the sanitary authority or their officers, or wilfully obstructs any person acting under the authority or employed in the execution of the Nuisances Removal Acts, he is liable for every offence to a penalty not exceeding 5l. (18 & 19 Vict. c. 121. s. 36.)

If the occupier of any premises prevents the owner from obeying or carrying into effect the provisions of this Act, any justice to whom application is made must by order in writing (see form No. 20, Appendix, page 241,) require the occupier to desist from the prevention, or to permit the execution of the works required to be executed, provided the works appear to the justice necessary for carrying into effect the provisions of the Nuisances Removal Acts. If within 24 hours after service of the order the occupier against whom it is made does not comply with it, he is liable to a penalty not exceeding 5l., for every day afterwards during the continuance of his non-compliance. (18 & 19 Vict. c. 121. s. 37.)

Proceedings not to be set aside for want of Form.

No order or other proceeding done relating to the execution of these Acts can be set aside for want of form, or be removed by certiorari or other process into any of the superior courts. Proceedings against several persons included in one complaint will not abate by reason of the death of any of these persons, but may be carried on as if the deceased had not been originally included. (18 & 19 Vict. c. 121. s. 39.)

Appeals.

Appeals under the Nuisances Removal Acts are to the Court of Quarter Sessions held next after the making of the order appealed against. The appellant will not be heard in support of the appeal, unless within 14 days afrer the making of the order he gives the sanitary authority written notice stating his intention to appeal, together with a written statement of the grounds of appeal; and unless within two days of giving notice he enters into a recognizance before a justice of the peace with sufficient securities conditioned to try the appeal at the court, and to abide the order of and to pay the costs awarded by the justices.

The court upon hearing and finally determining the appeal may, at their discretion, award such costs to the party appealing or appealed against, as they think proper, and their determination is binding on all persons.

If there is not time to give notice and enter into a recognizance, then the appeal may be made to, and the notice, statement, and recognizance be given and entered into for the next sessions at which the appeal can be heard. At the hearing 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 as to proceedings under these Acts under Removal of Nuisances, p. 96.

PROCEEDINGS UNDER THE ARTIZANS AND LABOURERS
DWELLINGS ACT.

See Artizans and Labourers Dwellings, p. 80.

PROCEEDINGS UNDER THE BATHS AND WASH-HOUSES ACTS.

See Baths and Wash-houses, p. 212.

PROCEEDINGS UNDER THE LABOURING CLASSES LODGING HOUSES ACTS.

See Labouring Classes Lodging Houses, p. 219.

ARBITRATION.

In case of dispute as to the amount of compensation to be made under the provisions of the Local Government Acts* (except where the mode of determining it is specially provided for), and in case of a matter which by those Acts is authorised or directed to be settled by arbitration, then, 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, in a non-corporate district,† be under their seal and the hands of five or more of their number, or under the common seal in a corporate district,† and on behalf of any other party under his hand, or if the 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 appoint in writing another person in his stead. If he fail so to do for seven 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.

* For definition, see p. 32.
† For definition, see p. 183.

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.

Where 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 seven days after being requested so to do by any party to the arbitration, the court of general or quarter sessions* must, on application of the party appoint an umpire. The award of the umpire is binding and conclusive upon all persons and to all purposes. (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 three 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.)

Powers of the Arbitrator. Costs.

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 oaths.

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.)

*For definition, see p. 146.

Declaration.

Before an arbitrator or umpire enters upon the reference he must make and subscribe the following declaration before a justice: A.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 20l.

Questions referable to arbitration under the Local Government Acts may, when the amount in dispute is less than 201., be determined before two justices in a summary manner; but the justices may, if they think fit, require the work in respect of which the claim of the sanitary authority is made, and the particulars of the claim to be reported on to them by a competent surveyor, not being the surveyor of the sanitary authority. The justices may determine the amount of costs incurred on that behalf, and by whom the costs or any part of them must be paid. (21 & 22 Vict. c. 98. s. 64.)

Compensation.

Full compensation must be made out of the general district ratest to all persons sustaining any damage by reason of the exercise of any of the powers of the Local Government Acts, or of the Sewage Utilization Act, 1865.

Disputes as to amount must be settled by arbitration, but if the compensation claimed does not exceed 20l., it may be ascertained by and recovered before justices in a summary manner. (11 & 12 Vict. c. 63. s. 144.; 28 & 29 Vict. c. 75. s. 8.)

See also as to arbitration under Water Supply, p. 36; Sewers and Drains, p. 48; and Highways and Streets, p. 61.

* See "Legal Proceedings," p. 143.
† But see "Rates and Expenses, p. 156.

See note on p. 7.