metropolis, or by the local authority in other places, in case of the illness or absence of the medical officer of health (sect. 14). The confirming authority may also appoint a medical officer for any particular case where the medical officer for the district has failed to make an official representation that an area is unhealthy, after complaint has been made to him. by ratepayers in the manner mentioned below (sect. 15). ment Scheme. If any twelve persons liable to be rated to the sewer Formation of rate or consolidated rate leviable by the Commissioners of the ImproveSewers, to the metropolitan consolidated rate, or to a general district rate leviable by an urban sanitary authority for sanitary purposes, as the case may be, complain to the medical officer of health of the unhealthiness of any part of his district, he is to inspect the area, and make an official representation " to the local authority of the facts of the case, and to state whether he considers the area so unhealthy as to require that the Act should be put in force therein (sect. 4). 66 Instead of the twelve ratepayers, two justices having jurisdiction in the medical officer's district may make the complaint to him, or he may make the "official representation" himself without previous complaint (sect. 4). If the "official representation" is to the effect" that any houses, courts, or alleys within a certain area under the jurisdiction of the local authority are unfit for human habitation, or that diseases indicating a generally low condition of health amongst the population have been from time to time prevalent in a certain area within the jurisdiction of the local authority, and that such prevalence may reasonably be attributed to the closeness, narrowness, and bad arrangement or the bad condition of the streets and houses, or groups of houses within such area, or to the want of light, air, ventilation, or proper conveniences, or to any other sanitary defects, or to one or more of such causes, and that the evils connected with such houses, courts, or alleys, and the sanitary defects in such area, cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and houses within such area, or of some of such streets or houses," and the local authority, after receiving it, are satisfied of its truth and of the sufficiency of their resources, they are to pass a resolution that the area is unhealthy, and that an improvement scheme ought to be made for it (sect. 3). No one who has any interest any of the land within the area is to vote on the resolution, under a penalty of £20 (ibid.). in Confirmation The local authority are then to make out the scheme of the improvements, which may alter the limits of the area mentioned in the "official representation," and provide for widening the approaches to it; but it must always provide for the accommodation of "at the least as many persons of the working class as may be displaced in the area with respect to which the scheme is proposed, in suitable dwellings, which, unless there are any special reasons to the contrary, shall be situate within the limits of the same area, or in the vicinity thereof," and for proper sanitary arrangements (sect. 5). If the person entitled to the first estate of freehold in any of the property is willing to carry out the scheme himself, or will concur in its being carried out, under the superintendence and control of the local authority, the scheme may embody provisions with that object (ibid.); or, after it has been confirmed by Parliament, the local authority and such person may contract for its execution by him (sect. 9). If the local authority fail to pass a resolution in relation to the representation, or resolve not to proceed with the scheme, they are to make a report to the confirming authority, who may then order a local inquiry to be held by one of their officers, and a further report to be made to them on the subject (sect. 8). Should the latter report, however, be favourable to the scheme, it is not clear that the confirming authority have any power to compel the local authority to proceed with it. After the scheme, and maps, particulars, and estimates of the Improve- relating to it have been completed, the local authority are ment Scheme. to publish an advertisement in a local newspaper stating the fact of a scheme having been made, the limits to which it applies, and the place where a copy of it may be seen (sect. 6). The advertisement may be in the form to be described by the confirming authority (1) (sect. 26), or if reasonable cause is shown to that authority, it may be dispensed with either conditionally or unconditionally (sect. 27). It is to be published for three consecutive weeks, but these are always to be in the months of September, October, or November (sect. 6). Then, in the month following such publication, notice of the purpose for which their land is required is to be served on the owners, lessees, and occu (1) The Local Government Board have issued an order under s. 26, dated the 5th November, 1875, prescribing three forms, viz.: for the advertisement of the scheme, for the notice of intention to take lands compulsorily to be served on owners and lessees, and for that to be served on occupiers. piers of so much of the land as it is intended to take by compulsory purchase. These notices should be signed by the clerk to the local authority (sect. 28), and they are to be served personally upon the owner, lessee, or occupier, or his agent, or to be left at or posted to his residence; or, in the case of notices to be served upon occupiers, they may merely be left at the premises, and need not be addressed to the occupiers by name (sect. 6); they may be dispensed with under 'special circumstances, in the same manner as the advertisements (sect. 27). Owners or lessees are to be requested to send answers to the notices, stating whether they dissent from the taking of their lands or not (sect. 6). A petition under seal of the local authority, or, if they have no seal, signed by two members (sect. 24), is next to be presented to the confirming authority for a provisional order to confirm the scheme (sect. 6). If the latter authority think fit to proceed further in the matter, they may order one of their officers to hold a local inquiry, to ascertain by evidence, upon oath or otherwise, whether the official representation was correct, and the scheme sufficient for its purpose; and also what local objections there may be to the scheme (sects. 6, 16, 18). Due notice of this inquiry is to be given (sect. 17), and the officer conducting it is to report the result to the confirming authority, who may then issue their provisional order for confirmation of the scheme, either as it stands, or with modifications, provided that no addition is thereby made to the lands to be taken compulsorily; and copies of the order are to be served in the manner in which, and on the persons on whom, the notices above mentioned are to be served, omitting only tenants for not more than a month (sect. 6). An Act of Parliament is then to be procured; as soon as may be, by the confirming authority, for confirmation of the provisional order, which is not to be of any validity until the Act has passed (ibid). The costs of any person, whose lands are to be taken compulsorily, in opposing the scheme, may be allowed by the confirming authority, and defrayed, together with any costs incurred by the confirming authority, as expenses of the local authority under the Act; and where a committee of either House sit upon an opposed bill, they may allow costs either to the promoters or their opponents (sects. 6, 7). As soon as possible after the confirming Act has passed, Execution of the local authority must generally purchase the whole land the Improverequired for the scheme, but they may contract with the ment Scheme. Purchase of lands. Arbitration. person They may purchase by agreement with the owners, any land which they may find requisite for carrying out the scheme, as well as that which is actually set out in the plans; but in exercising their powers of compulsory purchase they are confined to the latter (sect. 19). The Lands Clauses Acts, 1845 and 1860, with the exception of the sections relating to purchase otherwise than by agreement, are to apply to the purchase of lands in England; and the whole of those Acts, as well as the Railway Acts (Ireland), 1851, 1860, 1864, and the Railways Traverse Act, to the purchase of those in Ireland (sect. 19). Compulsory purchase of lands in England is regulated by the schedule to the Act, which directs that as soon as practicable after the passing of the confirming Act, maps and schedules of the lands to be taken are to be made out and deposited with the confirming authority, and copies of them with the local authority. The former authority are then to appoint an arbitrator, and the latter are to publish in a local newspaper, in each of three successive weeks, a statement of his appointment, of the place where the copies of the maps and schedules may be inspected, and a requisition directing owners to send in particulars as to their claims within a time named, which is not to be less than three weeks. After the expiration of such time the arbitrator is to inquire into the claims, and make a provisional award, of which notice is to be given to each claimant, and published for three weeks. The compensation is to be assessed in the award upon the fair market value of the property at the time; and no additional allowance is to be made because the purchase is compulsory (sect. 19), though compensation may be allowed for loss of rights of way, and other easements (sect. 20). If objections are made to the award, the arbitrator must hold meetings to hear and determine them before issuing a final award. When this latter award has been made, the local authority are to publish notices requiring owners and others interested in lands affected by it to send in their claims, together with a short abstract of title, going back twenty years unless the land has been sold more than ten years previously, the expense of which will be defrayed by the local authority. Within thirty days after delivery of a claim, the local authority, if they consider the title to be satisfactory, are to give a certificate for the amount of compensation due, and to pay such amount thirty days after demand. In the case of purchase by agreement, similar certificates are also to be given. If the local authority do not consider the title to be satisfactory, or if no claim is made or abstract delivered, or if the amount of compensation is not accepted, such amount is to be settled in the manner provided by the Lands Clauses Act, 1845, as amended by the Court of Chancery Funds Act, 1872," with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title" (sched.). Upon payment of the compensation to the person holding the certificate, or depositing in the Bank of England the amount awarded by the arbitrator, the local authority may enter upon the land (sched.), provided that where they take fifteen houses or more, they have given thirteen weeks' notice of their intention to do so by means of placards, &c., affixed to the premises (sect. 11). A penalty of £20 is imposed on any one obstructing any Penalty. officer of the local or confirming authority while acting under this Act (sect. 29). If either party be dissatisfied with the amount certified Assessment of or awarded, the dispute may be settled by the independent compensation assessment of a jury, as under the Lands Clauses Act, 1845, sects. 38-46, 48-50, 52-57 (sched.). by jury. The costs of the arbitration, if paid by the confirming Costs. authority in the first instance, are ultimately to be paid by the local authority (ibid.). The remainder of the schedule provides for production of evidence to the arbitrator, and the publication and service of notices relating to the arbitration, in the same manner as the notices mentioned in pp. 442, 443, ante. Where the local authority have purchased land, they Sale, &c., of are to sell or let the whole or part of it, subject to con- lands. ditions binding the purchasers or lessees to carry out the scheme without alteration, and with provisoes for re-entry upon breach of such conditions; or they may engage with any body of trustees, society, or person to carry out all or part of the scheme (sect. 9). They may not, however, themselves, without the express approval of the confirming authority, rebuild the houses or otherwise execute the scheme, except that they may pull down existing buildings, clear the ground, and lay out, pave, &c., new or existing streets upon the land. Streets so laid out and completed will be public streets, repairable as others in the district (ibid.); but any existing rights of way, of laying |