2. Ten days notice at the least (e) shall be given Sect. 63. by the referee to the parties upon whose representation the Board of Trade shall have directed the inquiry, of the time and place at which the inquiry is to be commenced:

3. The inquiry shall be commenced at the time and place so appointed, and the referee may adjourn the inquiry from time to time as may be necessary to such time and place as he may think

fit:

4. The referee by summons shall, on the application
of any party interested in the inquiry, require
the attendance before himself, at a place and
time to be mentioned in the summons, of any
person to be examined as a witness before him,
and every person summoned shall attend the
referee, and answer all questions touching the
matter to be inquired into, and any person who
wilfully disobeys any such summons or refuses
to answer any question put to him by such
referee for the purposes of the said inquiry shall
be liable to a penalty not exceeding five
pounds (f): Provided always, that no person
shall be required to attend in obedience to
any such
such summons unless the reasonable
charges of his attendance shall have been paid
or tendered to him, and no person shall be
required in any case in obedience to any such
summons to travel more than ten miles from
his place of abode :

5. The referee may and shall administer an oath,

or an affirmation where an affirmation in lieu
of an oath would be admitted in a court of
justice (g), to any person tendered or summoned
as a witness on the inquiry (h):

6. Any person who upon oath or affirmation wilfully
gives false evidence before the referee shall be
deemed guilty of perjury :

Sect. 63.

7. The referee shall make his report to the Board of Trade in writing, and shall deliver copies of the report upon request to all or any of the parties to the inquiry.

(c) Other instances of local inquiries and the machinery provided for the holding of them will be found in Gas and Water Works Facilities Act, 1870, Amendment Act, 1873 (36 & 37 Vict. c. 89), s. 13, Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 293, Local Government Act, 1888 (51 & 52 Vict. c. 41), s. 87, Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), s. 85, and Local Government Act, 1894 (56 & 57 Vict. c. 73), s. 9.

(d) Inquiries are alluded to in sects. 5, 7, 16 (by reference), 35 and 42. In cases under sects. 35 and 42 it would seem that the Board of Trade is bound to hold a formal inquiry under the provisions of the present section. Sects. 5, 7 and 16 may be considered together for this purpose, and it would seem that under any of them the Board of Trade may either hold a formal inquiry or satisfy itself in some other way, as sect. 7 expressly provides. Under sect. 41 discontinuance has merely to be proved "to the satisfaction of the Board of Trade," and this may be done in any way. Before sanctioning a loan under sect. 20, the Board of Trade usually holds a local inquiry (see note (q) to that section).

Board of Trade Arbitrations &c. Act, 1874 (37 & 38 Vict. c. 40) (as to which compare Light Railways Act, 1896, s. 15), by sect. 2 provides (i.) that where, under the provisions of any special Act (which, by sect. 4, includes Provisional Order), the Board of Trade are required or authorised to sanction, approve, confirm or determine any appointment, matter or thing, or to make any order, or to do any other act or thing for the purposes of such special Act, they may make such inquiry as they think necessary for the purpose; and (ii.) that, where an inquiry is held by the Board of Trade for such purpose or in pursuance of any general or special Act directing or authorising them to hold any inquiry, they may hold such inquiry by any person or persons duly authorised in that behalf by an order of the Board, and such inquiry, if so held, shall be deemed to be duly held. Such order (sect. 4) may be made by writing under the hand of the President or one of the secretaries of the Board.

It will be observed that (i.) above only refers to cases under a special Act or Provisional Order, while (ii.) refers to cases under a general Act, such as the present Act, as well.

Quare whether the Court has any jurisdiction to restrain an inquiry duly instituted by the Board of Trade under this section: perhaps it might where there was fraud. (In re Pontypridd and Rhondda Valleys Tramways Co., Ltd. (1889), 58 L. J. Ch. 536.)

(e) That is, ten clear days' notice; see sect. 26, note (q). (f) Recoverable under sect. 56.

(g) See Oaths Act, 1888 (51 & 52 Vict. c. 46). As to affirmations by persons, who are or have been Quakers or Moravians, see the still unrepealed Quakers and Moravians Act, 1833 (3 & 4 Will. 4, c. 49), s. 1, and Quakers and Moravians Act, 1838 (1 & 2 Vict. c. 77), and, in Scotland, Circuit Courts (Scotland) Act, 1828 (9 Geo. 4, c. 29), s. 13.

(h) See also Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 16, which gives all persons, having by law authority to receive evidence, power to administer an oath to witnesses.

Sect. 63.

carrying Act

64. The Board of Trade may from time to time Rules for make, and, when made, may rescind, annul, or add to, into effect. rules with respect to the following matters:

1. The proceedings to be had before the Board

under this Act (i):

2. The payment of money or lodgment of securities by way of deposits, the repayment and forfeiture of the same, the investment of the same, the amount and payment of interest or dividends from time to time accruing due on such deposits (k):

3. The plans and sections of any works to be
deposited by promoters (7) under this Act (m):
4. As to any other matter or thing in respect of

which it may be expedient to make rules for
the purpose of carrying this Act into execu-
tion (n).

Any rules made in pursuance of this section shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if enacted in this Act, and shall be judicially noticed.

Any rules made in pursuance of this section shall be laid before Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting within three weeks after the beginning of the then next session of Parliament(0).

Sect. 64.

(i) See the rules now in force, post, pp. 324 sqq.
(k) See Rules XX. to XXIV., post, p. 333.
(7) See sects. 4 and 24.

(m) See Rules X. to XIX., post, p. 327.

(n) Rules and directions as to other matters not included in the above will be found post, pp. 338 sqq.

(0) Rules Publication Act, 1893 (56 & 57 Vict. c. 66), s. 1, does not apply to rules, regulations, and by-laws made by the Board of Trade, but the remainder of the Act does. Sect. 2 provides that the rule-making authority, on certifying urgency or any special reason, may make provisional rules to come into operation at once, and to continue in force until rules have been made in regular fashion. Sect. 3 provides for the making of regulations by the Treasury. These have been made, and will be found in St. R. and O. 1894, p. 415 (No. 734). They distinguish between rules of a legislative and executive character (the former only to be subject to sect. 3 of the Act and the regulations), the distinction being based on what is and what is not contained in the volumes of Statutory Rules and Orders for 1890, 1891 and 1892, and also between general and local and personal rules. They then provide for the printing, numbering, and publication of statutory rules.

By Interpretation Act, 1889 (52 & 53 Vict. c. 63), s. 31, expres sions used in rules, regulations, or by-laws made under any Act, if made after Jan. 1, 1890, shall, unless the contrary intention appears, have the same meanings as they have in the Act, which conferred the power to make them.

As to the effect of the last two clauses of the present section, see Institute of Patent Agents v. Lockwood, [1894] A. C. 347; 63 L. J. P. C. 74.

(1.) "The metropolis" shall include all parishes and places in which the Metropolitan Board of Works (7) have power to levy a main drainage rate (s), except the city of London and the liberties thereof (y).

(2.) "Borough" shall mean any place for the time being subject to an Act passed in the session holden in the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled" An Act to provide for the Regulation of Municipal Corporations in England and Wales” (z).

Sched. A.