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Rules as to Appealx.—By Section 39 of the Act it is enacted that the procedure
on any appeal, including costs, to the Local Government Board shall be
such as the Board may by rules determine, and on any such appeal the Board
may make such order in the matter as they think equitable, and any order so
made shall be binding and conclusive on all parties, and, where the appeal is
against any notice, order, or apportionment given or made by the local
authority, the notice, order, or apportionment may be confirmed, varied, or
quashed, as the Board think just.
Provided that—
(a) the Local Government Board may at any stage of the proceedings on
appeal, and shall, if so directed by the High Court, state in the form
of a special case for the opinion of the court any question of law
arising in the course of the appeal ; and
(ib) the rules shall provide that the Local Government Board shall not
dismiss any appeal without having first held a public local inquiry.
Any notice, order, or apportionment as respects which an appeal to the
Local Government Board is given under this Part of this Act shall not become
operative until either the time within which an appeal can be made under
this Part of this Act has elapsed without an appeal being made, or, in case an
appeal is made, the appeal is determined or abandoned, and no work shall be
done or proceedings taken under any such notice, order, or apportionment
until it becomes operative.
The Local Government Board may, before considering any appeal which
may be made to them under this Part of this Act, require the appellant to
deposit such sum to cover the costs of the appeal as may be fixed by the rules
made bv them with reference to appeals.
In accordance with this section the Local Government Board have prepared
a series of rules determining the procedure to be adopted on any appeal. The
rules, which are dated 11th January, 1910, areas follows:—
Role 1.—Every appeal to the Local Government Board shall be made to and be
brought before the Local Government Board by means of a letter, or other representation
in writing (hereinafter referred to as a " statement of appeal "), which shall be addressed
and posted, or shall be otherwise given, sent, or delivered to the Local Government
Board at their office, and of which a copy shall, at the same time, be addressed and
posted, or shall be otherwise given, sent, or delivered to the Local Authority at their
office.
Rule 2.—Every statement of appeal shall be signed by or on behalf of every person
(hereinafter referred to as an " appellant "), who makes, or who joins in making, the
appeal, or, where an appellant is a corporation, or an association or body of persons
unincorporate, shall be signed by an officer of or other person described as duly
authorised by the corporation, association, or body, and shall bear a date corresponding
to that of the day on which the requisite signature is affixed to the statement of appeal.
Rule 8.-—Every statement of appeal shall set forth in detail the grounds of the
appeal, all material facts in relation to the description or position of every appellant as
a party to the appeal, and to his interest in any dwelling-house or premises to which
the appeal has reference, or to his interest in or to such other concern or association as
he may have with any subject-matter of the appeal, and also all material facts in
relation to any such proceeding by a Local Authority, or by an officer of or person
authorised by a Local Authority, as affects the grounds of appeal, the appellant, the
interest of the appellant in any dwelling-house or premises to which the appeal has