HL Deb 10 August 1896 vol 44 cc293-4

(1.) Where any Order under this Act incorporates the Lands Clauses Acts, any matter which under those Acts may be determined by the verdict of a jury, by arbitration, or by two justices, shall for the purposes of the Order be referred to and determined by a single arbitrator appointed by the Board of Trade, and the provisions of this Act shall apply with respect to the determination of any such matter in lieu of those of the Lands Clauses Acts relating thereto. Provided that, in determining the amount of compensation, the arbitrator shall have regard to the extent to which the remaining and contiguous lands and hereditaments belonging to the same proprietor may be benefited by the proposed light railway.

(2.) The Board of Trade may, with the concurrence of the Lord Chancellor, make rules fixing a scale of costs to be applicable on any such arbitration, and may, by such rules, limit the cases in which the costs of counsel are to be allowed.

(3.) The Arbitration Act, 1889, shall apply to any arbitration under this section.

THE EARL OF CAMPERDOWN

moved, in Sub-section (1), after the word "appointed," to insert the words— by the parties, or, if the parties do not concur in the appointment of a single arbitrator, then. The object of the Amendment was that if the parties did not agree upon the appointment of a single arbitrator, one should be appointed by the Board of Trade.

*THE EARL OF DUDLEY

had no objection to the Amendment, but it appeared to him rather unnecessary. As the law now stood an arbitrator would not be nominated by the Board of Trade until the parties to the dispute and to any question had failed to agree upon one. Naturally, if a railway promoter wished to take land, he would say to the landowner, "I want your land for this purpose." It would then be open to the landowner either to arrange with him about the price, or failing that to arrange about an arbitration to settle the price, or failing that the matter would go to the Board of Trade, who would appoint the arbitrator. But, however, if the noble Lord wished the words inserted he had no objection.

THE EARL OF CAMPERDOWN

said it was the ordinary procedure under the Lands Clauses Act. As a matter of fact the arbitrator was, generally speaking, appointed by the parties.

Amendment agreed to.

Clause 13, as amended, ordered to stand part of the Bill.

Clause 14 (payment of purchase money or compensation) ordered to stand part of the Bill.

Clause 15,—