Page:Halsbury Laws of England v1 1907.pdf/580

 —

Allotments.

358 Sect.

6.

Under Allotments Acts.

seven days (g) and make his award in writing within fourteen days from his appointment, though, by consent of the parties, this period

may

be extended to twenty-eight days (h). He may proceed in the absence of either party after notice given to both parties (i). The costs are in his discretion (A;), and his award, which is final (Z), must fix a day not sooner than fourteen days after delivery of the award for payment of the compensation and costs (m). If the amount awarded or agreed to be paid is not paid for fourteen days it may be recovered upon order made by the judge of the county court in the same way as money ordered by a county court under its ordinary jurisdiction to be paid (n). Sub- Sect.

Expenses of district

and

parish councils.

5.

Finance.

787. All expenses incurred in respect of allotments by urban or parish councils will be defrayed as general expenses. Expenses incurred by rural district councils prior to January 1, 1908, will be defrayed as special expenses, chargeable to the parish on account of which the allotments were acquired (o) while expenses incurred before that date in respect of two or more parishes are to be apportioned among them as in the case of special expenses incurred for the common benefit of two or more contributory places under the Public Health Act, 1875 (p). The sums payable by a defaulting district council under the Allotments Act, 1890, are to be defrayed as expenses under the Act of 1887, except that in the case of a rural authority they must, with the exception of the principal and interest of any money borrowed, or the rent of any land hired, by the county council, be charged as general expenses (q). Moneys received before January 1, 1908, in respect of any land acquired under the Allotments Act, 1887, otherwise than from sale or exchange, must be applied in aid of the expenses incurred in respect of such land, and any surplus must be applied in aid of the general or special expenses, and in the case of a rural authority

Apportion-

ment

of

expenses.

-Receipts.

Allotments and Cottage Gardens Compensation

{g)

(50

&

51 Yict.

{h) Ibid., s. 13.

p. 472. (i) Ibid.,

s.

for

Crops

Act,

1887

c. 26), s. 10.

For form extending time,

see Encyclopaedia of

Forms, Yol.

I.,

12.

{k) Ibid., s. 14.

Although the award is final and conclusive both as to law (1) Ibid., s. 16. and facts, it is subject to the general rule that any award may be invalidated by want of formality in the proceedings or misconduct or want of jurisdiction on the part of the arbitrator. Thus an award made out of time cannot be enforced. As to arbitration generally, see title Arbitration". For form of award, see Encyclopaedia of Forms, Yol. I., p. 473. {m) Ibid., (w) Ibid., title (o)

15.

s. s.

17.

See County Court Eules, Ord. 40,

rr. 7, 8,

and

see, generally,

County Courts. Allotments Act, 1887 (50

&

51 Yict.

c.

48),

s.

10

(1).

See, also, title

Public Health. (p)

Allotments Act, 1887 (50 & 51 Yict. c. 48), s. 14 (1), which is repealed by See also sect. 229 of the Public Health Act, 1875 (38 & 39 Yict.

the Act of 1907. c. 55),

and

title

Public Health.

Allotments Act, 1890 (53 & 54 Yict. c. 65), s. 6 (2). case of a rural authority is repealed by the Act of 1907. (q)

The exception

in the