140 
Contemporary  Agricultural  Law. 
1908.  If  objection  is  made  to  the  compulsory  order  a local 
inquiry  will  be  held,  at  which  the  parties  interested  may 
appear,  but  counsel  may  not  be  heard  or  expert  witnesses 
called,  except  when  authorised  by  the  Board.  The  objection- 
able provision  of  the  Small  Holdings  and  Allotments  Act,  that 
an  order  when  once  confirmed  by  the  Board  is  to  become  final, 
as  if  enacted  in  the  Act,  is  repeated,  and  the  jurisdiction  of  the 
courts  to  question  the  validity  of  an  order  is  thus  ousted.  See 
the  case  of  ex  parte  Ringer.,  which  exemplifies  the  mischief  of 
this  clause,  and  is  quoted  hereafter.  The  question  of  com- 
pensation to  the  owners  and  occupiers  of  land  taken  will  be 
referred  to  a single  arbitrator,  appointed  by  the  Board,  who 
may  not  make  aiiy  additional*allowance  on  account  of  the 
purchase  being  compulsory.  Under  Section  10  the  Local 
Government  Board  have  power  to  enforce  by  mandamus  the 
exercise  of  their  powers  by  any  local  authority  in  cases  where 
such  powers  ought  to  have  been,  and  have  not  been,  exercised, 
and  under  Section  12  a County  Council  may  act  in  default  of 
a Rural  District  Council  if  satisfied  that  the  latter  body  ought 
to  have  and  have  failed  to  exercise  their  power.  Under 
Section  14,  in  the  case  of  a contract  for  letting  for  habi- 
tation a house  or  part  of  a house  at  a rent,  elsewhere  than 
in  London,  or  in  a large  borough  or  urban  district,  not  exceed- 
ing 16?.,  a condition  will  be  implied  that  the  house  is  in  all 
respects  reasonably  fit  for  human  habitation  and  under  section 
15  an  undertaking  will  also  be  implied  that  the  house  shall, 
during  the  holding,  be  kept  by  the  landlord,  in  all  respects, 
reasonably  fit  for  human  habitation.  Section  44  gives  a much 
needed  power  to  the  Local  Government  Board,  if  satisfied  by 
local  inquiry  or  otherwise  that  the  erection  of  dwellings  for 
the  working  classes  in  any  district  is  unreasonably  impeded  in 
consequence  of  any  by-laws  in  force  therein,  to  require  the 
local  authority  to  revoke  such  by-laws  or  to  make  new  by-laws. 
The  second  new  Act  of  Parliament  which  requires  notice 
is  the  Development  and  Road  Improvement  Funds  Act,  1909 
(9  Ed.  7 c.  47).  It  enables,  by  Section  1,  the  Treasury,  upon 
the  recommendation  of  Development  Commissioners  appointed 
under  the  Act,  to  make  advances  to  a Government  depart- 
ment or  through  a Government  department  to  a public 
authority,  university,  college,  school,  or  institution,  or  an 
association  of  persons  or  company  not  trading  for  profit,  either 
by  way  of  grant  or  by  way  of  loan  for  any  of  the  following 
purposes  : (a)  aiding  and  developing  agriculture  and  rural 
industries  by  promoting  scientific  research,  instruction  and 
experiments  in  science,  methods  and  practice  of  agriculture 
(including  the  provision  of  farm  institutes),  the  organisation  of 
co-operation,  instruction  in  marketing  produce,  and  the 
