A.D. 1875. Service of notices. N.R. 1855, s. 31. 267. Notices orders and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where P.H., s. 150. addressed to the owner or occupier of premises by deliver- L.G., s. 61. ing the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice order or other document was properly addressed and put into the post. Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the "owner" or "occupier" of the premises (naming them) in respect of which the notice is given, without further name or description. Where there was a corporate meeting held under the provisions of an Act of Parliament, with a chairman duly authorized to preside over it, a demand made by a collector for payment of poor-rates at that meeting was sufficient; Curtis v. Kent Waterworks Company, 7 B. & C. 314; and therefore it would seem that the service of a summons, notice, writ, or other proceeding upon a Local Board may be made in like manner notwithstanding the above provision, which is permissive merely. Per Pollock, C.B., the service of notice under sect. 150 of 11 & 12 Vict. c. 63, was only required where that section had been resorted to to cure a defect in the wording of the notice; and if the notice were such as would be good at common law, compliance with sect. 150 would not be required. Per Martin and Piggott, BB., a merchant's place of business is his place of abode, within the section. Waterloo with Seaford v. Bibby, 10 Jur. (N. s.) 519; S. C. Mason v. Bibby, 33 L. J. M. C. 105; 9 L. T. (N. s.) 692. Appeal. Local Govern 268. Where any person deems himself aggrieved by the Appeal in decision of the local authority in any case in which the certain cases to local authority are empowered to recover in a summary ment Board. manner any expenses incurred by them, or to declare such P.H., s. 120. expenses to be private improvement expenses, he may, within twenty-one days after notice of such decision, address a memorial to the Local Government Board, stating the grounds of his complaint, and shall deliver a copy thereof to the local authority; the Local Government Board may make such order in the matter as to the said Board may seem equitable, and the order so made shall be binding and conclusive on all parties. Any proceedings that may have been commenced for the recovery of such expenses by the local authority shall, on the delivery to them of such copy as aforesaid, be stayed; and the Local Government Board may, if it thinks fit, by its order, direct the local authority to pay to the person so proceeded against such sum as the said Board may consider to be a just compensation for the loss damage or grievance thereby sustained by him. See the Introduction, ante, pp. lxiv, lxxxii. The decision of the Local Government Board both as to the amount of the original claims and any claim for interest thereon is final, and the interest upon any expenses claimed runs from the time the amount due is ascertained by the Local Government Board, and not from the time of the first demand of the amount claimed. Wallington, app., v. Willes, resp., 10 L. T. (N. s.) 784; 10 Jur. (N s.) 906; 33 L. J. M. C. 233. 269. Where any person deems himself aggrieved by any rate made under the provisions of this Act, or by any order conviction judgment or determination of or by any matter or thing done by any court of summary jurisdiction, such person may appeal therefrom, subject to the conditions and regulations following: (1.) The appeal shall be made to the next court of quarter sessions for the county division or place in which the cause of appeal has arisen, holden not less than twenty-one days after the demand of the rate or the decision of the court from which the appeal is made: (2.) The appellant shall, within fourteen days after the cause of appeal has arisen, give notice to the other party and to the authority or court of summary jurisdiction by whose act he deems himself aggrieved, of his intention to appeal, and of the ground thereof: (3.) The appellant shall, immediately after such notice, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice may allow : (4.) Where the appellant is in custody the justice may, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody: (5.) On appeals under this Act against any rate the court of appeal shall have the same power to amend or quash any rate or assessment, and to award costs between the parties to the appeal, as (6.) In the case of other appeals the court of appeal A.D. 1875. (7.) The decision of the court of appeal shall be bind- N.R. 1855, s. ing on all parties: Provided that the court of 40. appeal may, if such court thinks fit, state the court. See the Introduction, ante, pp. lxiv, lxxxiii, with regard to the amendments introduced by this section. Where a statute requires "ten days' notice" of an appeal to the sessions, it means one day inclusive and the other exclusive. Reg. v. Yorkshire (W. R.) JJ., 4 B. & Ad. 685. Under 12 & 13 Vict. c. 45, s. 1, fourteen clear days' notice of appeal at least must be given in writing signed by the person or persons giving the same or by his or their attorney, and the grounds of appeal must be specified. A notice of appeal under that section signed in the name of the appellant by a clerk to the appellant's attorney, by the authority of the appellant, and afterwards acknowledged by him, would be sufficiently signed. Reg. v. Kent JJ. 42, L. J. M. C. 112. Where the quarter sessions make an order giving a successful appellant his costs, the course pointed out by the 11 & 12 Vict. c. 43, s. 27, and 12 & 13 Vict. c. 45, s. 5, must be pursued, although the respondents (public Commissioners) say they have no funds out of which to pay the costs, and A.D. 1875. that they dispute the validity of the order. Austin v. Milton-next-Sittingbourne, 29 J. P. 760 ; S. C. Ex-parte Austin, 13 L. T. (n. s.) 443. The parties at any time, after giving notice of appeal to the Court of General or Quarter Sessions, may also, by consent and by order of any judge of one of the superior Courts of Common Law at Westminster, state the facts of the case in the form of a special case for the opinion of such superior Court, and agree that a judgment in conformity with the decision of such Court, and for such costs as such Court shall adjudge, may be entered on motion by either party at the sessions next or next but one after such decision shall be given; and such judgment when so entered shall be of the same effect in all respects as if it had been given by the Court of General or Quarter Sessions upon an appeal duly entered and continued. 12 & 13 Vict. c. 45, s. 11. If in relation to any proceedings under the Act any justice or justices refuse to do an act, the Court of Queen's Bench may by rule order him or them to do it; and thereupon no action shall be brought for having obeyed the rule or done the act thereby required. 11 & 12 Vict. c. 44, s. 5. But that enactment only applies where the justices could be under any liability to an action of trespass. In re the Guardians of Neath, Times, 26th of January, 1875, and Reg. v. Shropshire JJ., Reg. v. Oxfordshire JJ., ante, p. 212; and where they refuse to hear an information, the court is not authorized to grant a rule nisi, the proper remedy being by mandamus. Reg. v. Cumberland JJ., 38 J. P. 422; L. R. 9 Q. B. 64; W. N. 1873, p. 203. See also the decisions on the section in Glen's Jervis's Acts, 3rd edition, pp. 207-211. So after the hearing or determination by a justice or justices of the peace of any information or complaint which he or they have power to determine in a summary way, either party to the proceeding before the justice or justices may, if dissatisfied with the determination as being erroneous in point of law, apply in writing within three days after the same, to the justice or justices, to state and sign a case setting forth the facts, and the grounds of such determination, for the opinion thereon of one of the superior Courts of law to be named by the party applying. 20 & 21 Vict. c. 43, s. 2. The appellant, or party applying, must, within three days after receiving the case, transmit it to the Court named in his application, or to a judge sitting in chambers, first giving notice in writing of the appeal, with a copy of the case so stated and signed, to the respondent or other party to the proceeding. The superior Court is thereupon to determine the questions on the case, and their determination is to be final and conclusive on all parties. 20 & 21 Vict. c. 43, s. 6. The course of procedure under 20 & 21 Vict. c. 43, will be found in the third edition of Glen's Jervis's Acts. A.D. 1875. PART VIII. ALTERATION OF AREAS AND UNION OF DISTRICTS. Alteration of Areas. Local Government Board in P.H. 1872, s. 270. The following enactments shall be made as to Powers of alteration of areas: (1.) The Local Government Board, by provisional order, relation to may dissolve any local government district, and alteration of may merge any such district in some other urban areas. or rural district or districts; or it may, by pro- 22, and see visional order, declare the whole or any portion L.G., s. 77. of a local government or a rural district im- L.G. 1863, s. 4. mediately adjoining a local government district to be included in such last-mentioned district; or it may by provisional order declare any portion of a local government district immediately adjoining a rural district to be included in such rural district; and thereupon the included area shall, for the purposes of this Act, be deemed to form part of the district in which it is included by such order; and the remaining part (if any) of the local government district or rural district affected by such order shall continue subject to the like jurisdiction as it would have been subject to if such order had not been made unless and until the Local Government Board by provisional order otherwise directs: (2.) In the case of a borough comprising within its area S |