A manual of hygiene, public and private, and compendium of sanitary laws : for the information and guidance of public health authorities, officers of health, and sanitarians generally / by Charles A. Cameron.

Date:: 1874

Credit: A manual of hygiene, public and private, and compendium of sanitary laws : for the information and guidance of public health authorities, officers of health, and sanitarians generally / by Charles A. Cameron. Source: Wellcome Collection.

Provider: This material has been provided by the Royal College of Physicians of Edinburgh. The original may be consulted at the Royal College of Physicians of Edinburgh.

396/522

$ment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties maliing the same ; and after the making of any such appointment, the same sliall not be revoked ■without the consent of both parties, nor shall the death of either party operate as a revocation ; and if for the space of fourteen days after any such matter shall have 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 pursuance of this act shall be binding, final, and conclusive upon all persons, and to all intents and purposes whatsoever. [A local board of health having under sec. 45 of the 11 & 12 Vict., c. 63 made a sewer through the laud of A, he claimed compensation for the damage done thereby under sec. 144 (sec. 8 of the Sewage Utilization Act, 1865, page 79, is identical with sec. 144 of this act), and proceeded to appoint an arbitrator. The local board of health declined to appoint an arbitrator, on the ground that A had not sus- tained any damage, because his property was benefited by the making of the sewer, and the arbitrator of A made his award ex parte : Held that this was a case in which the amovmt of drainage was disputed, and not a case in which the liability to make any compensation was denied, and therefore the award was valid.—In re Bradley, 4 El. & Bl. 1014, 1 Jur. N. S. 778, 24 L. J. Q. B. 239. _ A mandamus to a local board of health recitmg that the prosecutor has sustained damage by reason of the acts of the board m the exercise of the powers of this act, that he had demanded compensation accord- ing to the provisions of this act, and that the board had denied all liability, commanded the board to make compensation out of the general or special rate to be levied under this act. Return : that the board had not denied all liability, and was willing to make such com- pensation as soon as it should be duly ascertained ; that such compen- sation had not yet been ascertained, nor had the prosecutor taken any steps towards having it ascertained, nor given notice of the cause or amount of his claim for compensation, nor informed the board whetlier it had exceeded £20, nor given notice of his intention to appoint an arbitrator. The return being traversed, the jury found that the board had denied their liability, but that the prosecutor had made no claim for any specific sum: Held (affirming the judgment of the Queen 8 Bench 29 L.J. Q. B. 21), first, that under sec. 144 (which section is m substance the 8th section of Sewage Utilization Act, 1865) the proper course was to ascertain the liability of the board in the first instance, and therefore the mandamus was good. Secondly, that it was not necessary that the prosecutor should claini any specific amount of compensation.-i?e9- v. Burdem Board of Health 6 Jur., N. S. 696. Williams 3.—Prima Facie, inasmuch as mandamus is the proper remedy to compel the performance of a public duty, this is a proper ca^for a Mand\mus.-Ib. I am indebted to Mr. J. O. Byrne's excel- lent book on Irish Sanitary Laws for most of the reports of cases eriven in this work.] , , ... , . reath, &c., of ^ 124. And be it enacted, that it before the d'^t™^*',^;^.?^/;: one of several .gr SO referred anv arbitrator die, or refuse, or become incapable to arbitrators. , ^ -^iiom such arbitrator was appointed may appoint m wriUng Ser^person in his stead ; and if he fail sa to do for the space of seven days aftir notice in writing from the other party ^ tl'^^t ^e'^;-^!^^^ the remaining arbitrator may proceed ex parte ; and every arbitrator so appointed shall have the same powers and at^hor.ties as were vested of staple iii \he arbitrator in whose stead the appointment is made; and in case arbitiai. r. ^ gingig arbitrator die, or become incapable to act, before the making$