Lord Warrington of Clyffe.-

This is an appeal from an order of the Appeal Division of the Supreme Court of New Brunswick, dated 22nd April 1927, varying in certain particulars, but otherwise affirming an award of Le Blanc, J., sitting as an arbitrator under the New Brunswick Electric Power Act, 1920 (10 Geo. V, c. 53).

There is also before the Board a cross-appeal (brought by leave) against so much of the order of the Court of appeal as varied the award in the appellants' favour and against that part of the same order which directed the respondents to pay interest on the principal sum awarded.

The award was made on a claim by the appellants for compensation in respect of certain lands expropriated by the respondents for the purpose of their statutory undertaking.

The respondents are virtually a department of the Province of New Brunswick and were incorporated by the Act above referred to for the purpose of constructing, maintaining and operating works, machinery and plant for generating electrical energy from (amongst other things) water power and for transmitting the same. They were given extensive powers of expropriation, and it is not disputed that such powers were validly exercise