itlUUUlIflflluuiirt IflilitlllfMlil T4/14L IKS UNIVERSITY * OF CALIFORNIA 4 & 4 LOS ANGELES The J SCHOOL OF LAW LIBRARY ON, E.C. i work. A Handy Of more th with more including C Deal Government, ,ocal Authorities, r-at-Law. (1S94). Price 12.5-. 6d. A Digest of Cases relating- to Poop Law Matters, Including most of the old and all the modern Cases. By George F. Chambers, Barrister-at-Law. (1896.) Price 1 Os. 6. Smith .... 24 Barnstaple Petition. Barrow-in-Furness Petition Barry v. Davies. Baynes v. Stanton . Beal v. Exeter (Town Clerk) v. Ford .... I'AGE . 64 . 57 47,59 . 52 24 . 23 Belfast Petition .... 51, 52 Benn v. Marks . . 47, 51, 56, 64 Beresford Hope i: Sandhurst . 8 Berry v. Eaton . . . . 51,52 Bettes worth v. Allingham . . 58 Bewdley Petition ... 47, 64 Bird, Exp 173 Birkbeck v. Bullard ... 47 Blackburn Petition .... 49 Bodmin Petition .... 64 Bolton Petition. ... 52 Bund v. St. George's, Hanover Square, Overseers . . 22, 23 I'., ston Petition (Malcolm v, Ingram) (Tunnard Ingrain) . Bourke v. Nutt Bradshaw c. Foster. . . Brett v. Robinson . Bridgewater Petition . Britt v. Robinson . Broad v. Fowler Broderick v. Greville Nugent Brown, Ex p V. Benn .... 51 Buckinghamshire County Coun- cil and Hertfordshire County Council, Re ... . Buckley v. Banson . Buckrose Petition . ■. Andrews . Burges v. Bristol Urban Sani tary Authority . Burgess, U< v. Clark . Burnett v. Berry 52 29 48 52 63 52 52 49 83 62 147 33 60 62 216 29 179 222 Table of Cases. Calthorpe v. Brassey . Cambridge Union, Re . Campbell, Lord Colin, Re . Cardigan County Council, lie Carter v. Cropley . Charlesworth v. Budgard . Charlton v. Morris . Charsley v. Rothschild. Chawner v. Meller . Cheltenham Petition . Chillington Iron Co., Re . Chorlton v. Lings . Clark, ex parte .... Cobbett v. Hibbert . 47, 49 51, 53 185 29 177 159 35 23, 25 47,52 51,60 51 67 20 60 28,51 65 53 23, 25 Colman v. Wal|>ole . Condon v. Osborne . Conolly v. Eiddall . Conybeare v. London School Board 29 Cook v. Ward 110 Cooper v. Slade .... 51, 52 Coventry Petition . . . 51, 52 Cox v. Ambrose 32 v. Redmond .... 56 Crayford Overseers v. Putter . 121 Cremer v. Lowles ... 48, 51 D. Dalton v. Pullam . Darlington, ex parte De Souza v. Cobden Deptford Churchwardens Sketch] ey Dilke v. Vickars Dipstale's Case . Dobson v. Fussey . Doe d. Bailey v. Foster d. Edney v. Billett d. Higgs v. Cockell d. v. Terry . d. Hobbs v. Cockell d. Jackson v. Hiley Donelly v. Graham. Donoghue v. Brook. Down Petition . Drax v. Ffooks . Drinkwater v. Deakin Dublin Petition. Durant v. Carter Durham Petition . . 49 60 10,35 v. 160, 161 . 47 . 24 . 66 . 161 . 161 . 160 . 160 . 160 . 160 23,25 . 25 49 . 20 . 53 52 23 . 52 E. Fast Clare Petition London Waterworks Co v. Mile End, Old Town, Over- seers Edenborough v. Archbishop of Canterbury Edney, Doe d. v. Billett . Edwards v. Salmon Elgin and Nairn Petition . Elkins v. Onslow . Elwood v. Bullock . Ernest v. Loma Gold Mines Co. Everett v. Grapes . Eynsham Inhabitants, Re Faulkner v. Elger . Fen wick v. Croydon Union Finsbury Petition Firth v. Staines. Fleming v. Cave Fletcher v. Hudson Ford v. Barnes . v. Drew v. Elmsley v. Hart v. Pye. Foster v. Oxford, Worcester, and Wolverhampton Rail- way Futcher v. Saunders G. Gal way Petition (McGovern v, St. Lawrence) (Trench Nolan) .... Gardner v. Samuelson . Gloucester Petition. Godwin v. Walker . Goldsmid v. Roberts Gouldsworth v. Knights Gravesend Petition. Green v. Hall . Guildford Petition . . Guise v. Wait . PAGE 56 122 67 161 180 57 51 221 67 221 67 67 173 53 110 64 32 25 23 25 23 23 30 16 49 49 51 49 222 53 160 52 52 51 49 Table of Cases. IX H. PAGE Hackney and Lambcrhurst 'I'itlie Commutation Kent- charge Cases l'-'l Charities, Se 160, 161, 166, 167 Haggereton Petition Haigh v. West . . Hall v. Smallpiece . Hammersmith Bridge Co Hammersmith Overseers Hard wick *'. Brown Harford v. Linskey. Harwich Petition . Haseldine, Ea parti Hastiugs Petition . Hateley v. James . Hayle, Se . Henry v. Armitage. Herbert v. Gardiner Hexham Petition . Higgs, Doe (1. v. Cockel v. Terry Hill v. Peel . . . Hobbs, Doe d. v. Cockell Holland v. Hagan . Hood v. Gordon Horbury Bridge Coal, &c. Se Horsham Petition . Hounsell v. Suttill . Howell v. London Dock Co Howes r. Turner Hudspeth v. Clayton Humphries v. Worwood Hunnings v. Williamson Huth c/Clarke . . . 48,51 . 161 . 200 v. . 120 29, 35 34, 63 52, H4 . 60 51,53 56, 60 159, L68 13 49,51 . 47 . L60 . 160 47,52 . 160 23,25 . 57 Co. 67, 98 . 52 12 . 118 13, 62 . 47 10 31, 35 . 110 Institute of Patent Agents v. Lockwood .... 37, 152 Isaacson v. Durant . . 49, 53, 60 Jackson, Doe d. v. Hiley . . 160 James v. Thompson ... 52 Johns v. Hutton ... 49, 52 Johnson v. Croydon Corpora- tion 222 Jones v. Potts 197 M'Gowan v. Dowse v. Walters .... 222 Mackay ?-. Heron . K. l'AGE Knit I loiintyl ouncil and Dover Corporation, Se . . . . 176 and Sand- gate Local Board, Se . . 174 Kerr /•. Wilkie 66 Kirk v. Callan . . . . '. 47 Knight v. Langport District Drainage Board .... 120 Knox r. Munster .... 51 Krusu v. Johnson . . . 220,221 Kvd, Ex parte (14 Times L. Ii. 64) 59 (11 Times L. R. 154) 60 L. Lancaster Petition .... 48 Latimer v. Bates ... 51, 64 Launceston Petition . . . 53 Laverton v. Phipps. . 49,51,64 Le Feuvre v. Lankester . 30, 31 Leith Magistrates, &c. v. Leith Harbour Commissioners, . 96 Le nan ton, Ex parte ... 59 Lewis v. Carr 35 Lichfield Petition (Anson v. Dyott) ... . 51,52 (Wolseley v. Fulford) . . . 51, 54, 57 Bine v. Warren .... London County Council Candler ( larwardine Humphreys Pearce Savoy Hotel Co. . Londonderry Petition Longford Petition . Louth Petition . . M. Macartney v. I lastlereagh . Macdonald v. Lochrane Mc( rovern v. St. Lawrence 62 200 204 200 200 205 53 49 47 19 222 49 53 49 Tabic of Cases. PAGIi M'Tier v. M'Clure ... 51, 52 Magarrill v. Whitehaveu Over- seers 28 49 51 51 185 51 999 Mahoney v. Davitt Malcolm v. Ingram v. Parry & Ingram Mailing Union v. Graham . Mallow Petition Mantle v. Jordan . Marlborough Corporation v. Wilts County Council . . 176 Marshall v. James .... 63 Martin v. Hanrahan . . 23, 25 Mashiter v. Dunn or Lancaster (town clerk) 28 Mather v. Brown .... 13 Melliss v. Shirley and Free- mantle Local Board . . . 180 Miller v. Everton .... 13 Mogg v. Clark 100 Moore v. Kennard . . . 51, 52 Munio v. Watson .... 222 Murray v. Epsom Local Board 30 N. Nell v. Longbottom 11, 12, 13, 33 Nicholls, ex parte 160, 161, 166, 167 Nicholson v. Fields ... 32 North Meath Petition ... 49 Norfolk Petition . 47, 49, 65 Northallerton Petition . 49,52 Norwich Petition (Birkbeck v. Bullard) 47 (Tillett v. Stracey) 64, 65 Nutton v. Wilson .... 31 <>. Ogden v. Sidebottom ... 47 Oldham Petition ... 28, 51 Ormerod v. Cross .... 52 Oxford Petition .... 52 P. Paddington Charities, Be . . 161 Palmer v. Earith .... 122 Patent Agents (Institute of; v. Lockwood .... 37, 152 Pease v. Lowden ... 12, 16 Penryn Petition .... 52 PAGE Penton v. Naoroji .... 53 Perry, ex parte 59 ■ Almshouses, Re . . 162 Plymouth Petition ... 51, 64 Points v. Attwood .... 184 Pontefract Petition .... 56 Putter v. Hornby .... 49 Powell v. Guest ... 22, 23 Prest v. Royston Union . . 136 Pritcliard v. Bangor Corporation 62 Purser v. Worthing Local Board 120 Raison, ex parte .... 197 Rayner, ex parte .... 216 30 Reg. v. Boycott .... 24 v. Bradley .... 13 v. Chapman .... 112 ■ v. Chtistchurch Overseers 67 107 29 14 v. Darlington School Go- 178 v. Deishton ... 13, 14 v. Durham County Council 142 v. Exeter (Mayor) (^Dip- 24 r (Wet- comb's Case) .... 24 136 v. Fitch . . . .118 122 v. Fordham .... 136 v. Francis .... 30 v. Gaskarth .... 33 v. Goodchild .... 121 v, Great Western Railway 134 185 v. Gregory .... 14 ■ v. Griffiths .... 67 v. Hammersmith (Vicar of) 68 v. Hammond ... 13, 14 v. Hampton .... 100 v. Harrald. ... 20 , 10L v. Haslehurst .... 134 118 28 68 v. Keighley Overseers 82 102 v. Kinusbridge Highway 96 Table of Cases. PAGK Beg. ■.;<;;; 134 v. Lichfield Corporation . 113 v. Linford 13'! v. Liverpool J J. ... S3 v. London, Brighton, and South CoaBl Railway . 118,122 r. County Council 147 v. Mania 96 v. M;i it in 136 v. Master 136 v. Miles or Mills . . 60,62 .M-.rton. . . . 11,62 v. Norfolk Commissioners of Sewers 96 v. Plenty 13 - — v. Poor Law Commis- sioners v. Powell (1884) . . v. (1899) . . i\ Bamsgate Corporation v. Rendle .... o. Bippon . v. St. George, bury, Overseers Blooms 185 221 186 180 159 39 Southwark, 158 Vestry v. St. Mary, Islington, Union 27,28 v. St. Marylebone Vestry 158, 159 v. St. Pancras Vestry . 180 v. St. Peter, &c, Burial Board 79 v. Sheffield Corporation 96, 113 v. Shepley or Shipley v. Sibley .... v. Smallman . v. Spratley v. Stewart (1896) (1898) . 184 96 186 14 35, 208 40 — v. Street 134 — v. Stretfield .... 158 — v. Sudbury Burial Board 79 — v. Tamworth Corporation 95 — v, Tonbridge Overseers . 79 — v. Tuewell .... 13 — v. Vaile .... 113, 180 — v. Walcot Overseers . . 79 — v. , St. Swithin, Overseers 7!) — v. Wandsworth District Board 118 — v. Welchpool Corporation 35,62 — v. White (1867) ... 67 — v. (1884) ... 96 PAGI Reg. v. Whit.ley . . .113, lW v. Wigan Corporation . l r > >•. Wright 79 Bex v, < rinever 112 v. North Curry Inhabi- tants 22 Bicliards, ex parte .... 68 Bichardson v. Meihley School Board 33 frardner i. Eykin . 51 Boherts v. Potts .... 197 v. Sheffield Corporation 96,113 Bohson, ex parte .... 60 Rochdale Union and Hasling- den rjniun, Re .... 147 Rochester Petition . . . 47,59 Boss' Charity, Re . . . 162,166 Rowley v. Reg 39 Royse v. Birley 31 Bumball v. Munf .... 161 Rushmere v. Isaacson . . 56, 60 S. St. Botolph Without, Aldgate, Overseers v. Whitechapel Dis- trict Board lib' St. Greorge's Petition . . 47,51, 56,64 St. George the Martyr, South- wark, Vestry v. Pethebridge 68 St. James, Westminster (Gover- nors of Poor) v. St. Mary, Battersea, Overseers . . . 117 St. Nicholas, Deptford, Church- wardens v. Sketchley . 160,161 Salford Petition 65 Salisbury Petition . . . 51,52 Salo]) Comity Council, R< . Sandwich Petition . Scadding v. Lorant. Schneider v. Duncan . Shaw v. Bickitt . . . v. Thompson. Sheil v. Gnnis .... Simpson v. Be idy . v. Yee\ >i . Skingley v. Snrrid ;e Smith v. Adkins v. Humble . v. Richmond . Smyth v. Darley 53 66 57 56 67 53 32 53 184 160 122 120 66 Xll Table of Cases. Sooby v. St. Mary Abbotts, Kensington, Vestry Southampton Petition Soutbwark Vestry v. bridge .... South Meath Petition . ■ Salop election, Re Spittall v. Brook . 48, 54, 59 Pethe- . 68 . 49 . 59 . 25 51,60 Stafford Petition Staffordshire (Chairman of Quarter Sessions), ex parte . 177 Stalevbndge Petition ... 47 Stamford v. Williams 22, 23, 24, 34 Stepney Petition (Isaacson v. Durant) .... 49,53,60 . (Rushmere v. 56,60 67 . 20 220, 222 52 47, 64 60 Isaacson) Story v. Colk . . Stowe v. Jolliffe Strickland v. Hayes Stroud Petition . t>turod v. James ... 62 Wednesbury Local Board v. Stevenson 179 West v. Andrews .... 31 Middlesex Waterworks Co. v. Wandsworth District Board H8 Westacott v. Stewart ... 40 Westbury Petition . . 49, 51, 64 Westcomb's Case .... 24 Westminster (Governors of Poor) v. Battersea Overseers 117 Westropp v. Kinc;lake ... 63 Weygood v. James ... 63 Whiteley v. Barley . . . 179 Whithorn v. Thomas . . 22, 23 Wilks, Ex parte .... 59 Williams v. Cox ... 53, 64 v. Groves . . . 222 Windsor Petition (Herbert v. Gardner) 49, 51 (Richardson Gardner v. Eykin) ... 51 Wolseley v. Fulford . 51, 54, 57 Woodlock v. Guiness ... 52 Wooley v. Kay 32 Young v. Leamington Corpora- tion 109 TABLE OF STATUTES. 43Eliz. c. 2. . . . 1 Will. & M. c. is, s. 8 6& 7 Will. & M. c. 4, ss. 22 Geo. HI. c. 45, s. 1 . :;i Geo. III. c. 32, s. 8. 52 Geo. 111. c. 38, s. L97 c. 155, s. 9 1,2 54 Geo. III. c. 17", s. 11 55 Geo. 111. c. xci. s. 71 57 < reo. III. c. xxix. ss. 80-96. 216 5b Geo. III. c. 6!), s. 1 . . . 65 59 Geo. 111. c, 12, s. 7 1-1, 185, 186 ■ ss. 8, 10, 12, l A'.K L21 15 15 31 L5 15 15 28 r :;.-) 5 & 6 Will. IV. c. 50 6 Geo. IV. c. 50 ... 2 & 3 Will. IV. c. 45, s. 33 — ■ s. 36 c. 64, sched. 0, 3&4 Will. IV. c. 90. ss. :!3, 3-1 4 & 5 Will. IV. c. 7H, ss. 56, 57,71 s. 98 99 46 18 ■1 9 28 53 90 7 WM.IV.& 1 Vict. c. 22, s. 18 ■ c. 33, s. 1 c. 45, s. 2 c. 50 . 5 & 6 Vict. c. is . . . : C. ■",5, s. 35 c. 104, s. 7 . C 62, s, C. till . c. 76, s. 27 132 135 72 89 33 191 115 UK) !,2S 31, 32, 35 3.-, 219 15 15 b"5 145 145 15 31 6 & 7 Vict. c. 18, s. 56 7 & - Vict. c. i-l, s. 3: S & 9 Vicr. c. 1- 9 & 1" Vict. c. 74 s. 36 s. 61 ~. i,2 s. I2i b9 10 & 11 Vict. c. 16, s. 9 c. HI . c. L09, ss. 21, 26 12 & 13 Vict. c. 103, s. 9 13 & 14 Vict. c. 57 . s. 6 B. s 14 & 15 Vict. 15 & 16 Vu-t. c. 69 c. 84, c. 85 2''. s.'lO s. 11 88. 19 8. 23 s. 53 16 & r Vict c. 7 3,. s. 8 c. 134 . 17 & L8 Vict. c. 31, s. 2 c. 87 PAGE . 224 . 135 . 133 . 134 185, 186 . 185 . 215 . 214 77 . 179 . 32 . 77 138 135 . 155 . 179 127, 134 . 135 . 136 . 120 . 120 4 135 181, 183 182, 183 . 182 . 1-3 . 121 . 155 . 210 79,80 80 82 80 78 78 L5 77, 78 2 1 2 77,81,82 262 ss. 11, 12 79 Table of Statutes. PAGE 17 & 18 Vict. c. 102, s. 2 . . 49, 50,51 s. 3 . 49, 50 • s. 4 . . 47 s. 5 . . 48 18 & 19 Vict. c. 120 . . . 74 s. 2 . 159, 224 s. 3 . 6, 224 . s. 4 . . 6 . sa. 5, 7 . 224 s. 8 . 74, 75, 80, 157, 224 s. 9 . . 70 s. 10 . 39 . ss. 11, 12 224 s. 28 67, 224 s. 29 . 224 s . 30 . 67 ss. 31-42, 55,56 224 s. 57 68, 224 s. 58 109, 110, 224 s. 59 . 109 s. 60 68, 224 s. 61 68, 224 s. 62 177, 178, 181, 183, 184 . s. 63 . 378 s. 64 178, 179 ■ s. 65 . 180 s. 66 . 224 8. 90 75, 157 s. 91 75, 80, 167, 168, 224 ss. 92-95 75 s. 96 . 7'_> ss. 105, 106 68 ■ ss. 121, 122 201 s. 140 . 119 s. 149 74, 109 s. 154 92, 224 s. 155 . 93 s. 158 117, 225 ss. 158- 169 116 s. 159 . 117, 118, 121 ss. 160- 163 119 ss. 161- 169 225 s. 164 . 120 s. 165 . 121 18 & 19 Vict. c. 120, ss. 100- 169 122 s. 16'.) . 124 ss. 172- 179 225 s. 183 . 76 ss. 183- 191 75 ss. 192- 199 225 s. 202 69, 109 s. 203 . 69 ss. 237, 238 225 s. 250 . 4 Sched. A. 155 c. 124, s. 44 . 164 • c. 128 . . . 77 — s. 11 s.12 s. 13 19 & 20 Vict. c. 112 s. 1 20 & 21 Vict. c. 81 s. z s. 3 s. 9 -s! 1 s. 5 ■ — s. 9 21 & 22 Vict. c. 90, s. 35 c. 104 . 22 Vict. c. 1 ... c. 26 . . . c. 27 . . . 22 & 23 Vict, c. 40, s. 7 ■ ■ c. 59, ss. 18-29 174, 175 . 79, 80,82 79,80 . 82 . 74 . 157 ss. 1-3 74, 75 . 158 158, 167 . 65 77 . 80 79,80 . 80 15 . 74 77 . 190 . 161 15 23 & 24 Vict. c. 64 . s. 4 c. 106 . c. 125 . c. 136, s. 6 s. 8 ■ s. 9 24 & 25 Vict. c. 125 25 & 26 Vict. c. 100 c. 102 1 1 . 80 . 215 . 73 . 164 166, 167 . 167 . 187 . 74 ss.8,9-12 225 s. 14 . 119, 187, 225 ss. 15, 16 225 s. 37 66, 225 s. 38 . 225 Tabic of Statutes. 25 & 26 Vict. c. 102, s. 39 s. 40 . s. 41 __ . S. 56 , s. 73 s. Si PAGE 11 225 6, 225 . 226 . 216 89, 226 10.°, 38 c. 107 27 & 28 Vict. c. 39 29 & 30 Vict. c. 31 . . c. 113, s. 5 . 30 & 31 Vict. c. 84, s. 26 . c. 102, s. 3 . Sched. C. 226 . . . 125 - s. 2 . 124, 125 - ps. 20, 37, . . . 125 . 123 . 125 . 125 180, 181 . 135 . 28 25 •s.49 49,50,51 c. 106, s. 10 31 & 32 Vict, c. 72, ss. 2, 4, 6 s. 9 . . s. 11 . c. 109 s. 4 s. 5 32 & 33 Vict. c. 18 c. 119 .. . ss. 30-32 — s. 33 . c. 41 SB. 1, 2 15-17, 19. c. 61 s. 11 33 & 34 Vict. c. 75, s. 3 s. 37 Sched ■ c. 77 c. 78 34 & 35 Vict. c. 18 • c. 33 100 168 15 168 158 158 L59 173 174 175 215 176 74 ss. 3, 4, 7, ... 100 s. 5 . 121, 125 -s. 47 . . 100 s. 61 . . 125 c. 110, s. 10 166, 167 . 167 , 165 . 147 29,34 , 123 . 73 . 169 , 77 . 80 , 15 , 169 77 210 20(5 210 211 212 210 s. 1 c. 48 II. c. 70, s. 2 c. 113, s. 3 ss. 17-25. s. 17 . . ss. 18-23. 88.24,25. Sched. A. PAGP 35 .v 36 Vict. o. 33 . 36, 39, W s. 1 . . 40 s. 6 . . 36 s. 7 . . 20 s. 24 . . 53 c. (JO, 8. 12 . . 62 c. 79, s. 35 . . 210 c. '.H ... 93 s. 1 . . 94 s. 2 . . 95 ss. 2-4 . 93 s. 1 . . 96 ss. 5-11 . 94 b. 6 . . 95 36 & 37 Vict. c. 86, a. 5 . . 147 37 & 38 Vict. c. 67 . . . 91 38 & 39 Vict. c. 55, B. 2 . . 155 s. 4 . . 99 s. 10 . . 77 s. 164 . 146 ss. 166- 168 156 ss. 175- 178 217 s. 176 214, 216 s. 177 . 92, 214, 215 s. 178 214, 215 ss. 182- 187 222 ss. 183- 186 146 s. 187 219, 220 ■ s. 193 179, 180 ss. 21 1,230 119 s. 247 . 126, 127, 129-131 s. 250 127, 131 88. 293- 296 172,173 . s. 296 . 138 s. 297 . 171 s. 298 171, 172 s. 313 . 96 s. 343 . 155 ■ Sched. I. Part I. r. 7 67 Sched. II. 98 r. 5 29 rr. 10, 11 99 rr. 12-15 101 rr. 16, 17, 20, 21 . . . 102 Tabic of Statutes. 38 & 39 Vict. c. 55, Sched. II. rr. 23, 36 45 & 46 Vict. c. 48, s. 7 c. 49, s. 41 c. 50 s. s. 93. 100 s. 140 r. 141 s. 155 ss. 210- 139, 141, 148 s. 210 . 149 s. 211 141, 149 s. 213 . 141, 149, 151, 152 s. 214 . 149, 150. 151 s. 218 . 149, 151. 152 Table of Statutes. xvii 45 & 46 Vict. c. 50, S8. 224, 225 b. 233 . s. 239 . ■ s. 24 1 s. 253 . Sd.nl. II. Schei V. Sched. 10 L29 4 1 13,14 14 66 43 VII VIII. . 149, 150, L51, L52 Sched. 15 <■■ 56 c. lvi. ss. 46-48 16 & 47 Vict. c. 15 . c. 51, s. I 73 215 46 - b. •_' . . 48 ss. 4, 6 21,34 s. 7 . 52, 54 ss. 10,11 L'l ss. 13,14 52 s. 17 . 52, 57 s. 22 . 54,59 ss. 36,37 21 s. 38 . 21, 34 s. 43 . 21, 34 s. 64 . . 34, 54, 57 c. 52, s. 32 9,29,169 s. 34 c. 53 47 & 48 Vict. c. 43, s. 11 c. 57, s. 3 c. 70 . s. 4 . ss. 5, 6 s. 7 . 9,29 72 . 135 190,191 6, 36, 39, 40, 45 • 21, 34,46 • 21, :m,»;i . 53 55 L'l s. 8 . . 21, 34,61 ss. 9, 10. ss. 11, 12 56 s. 13 . . 21, 52, 56 s. 11 . . 57 ss. 15, 16 58 s. 18. . 61 s. 19 . . 58 s. 20 . . 59 s. 21 . . 53 b. 22 . . 21 17 & 48 Vict. c. 70, s. 23 s. 25 b. 28 b. 3 1 PACK 21,34 68 21, 34 34, 54,57 bs. 35,36 21,34 s. 37 . . 36, 54,55 1:8 & 49 Vict. c. 9 . c. 10 - S,hed. I ■ Sched. HI c. 21 . C. 2:;, s. 12 c. 3 ■: . c 38 c. 16 c. 53 c. 56 49 & 50 Vict. c. 32, s 50 & 51 Vict. c. 9 . c. 17 c. 20 c. 29 c. 32 36 16 72 25 36 77 226 74, 233 148, 151, 152 147 28 179 52 90 21 74, 235, 237 2!» ■ s. 7 c. 55, s. 17 c. 72 51 & 52 Vict. c. 10, s. 2 s. 3 12 54. 73 73 145 169 127 19 19,20 19 72 5, s. 7 . 96, 207, 212, 2J3 - ss. 9, 16 . 212 - ss. 31, 45, . ... 213 6, 8, 66, 168 c. 41, s. 2 — s. 3 11 16 . 88 207, 219 220 s. 29 B. 41 ss. 52, 5 ! s. 57 59 65 71 L76 1,2 88 143 139, 141, 112 142,117 207,213 126, 127, L28, L33 . 128 XV111 Table of Statutes. PAGE 51 & 52 Vict. c. 41, s. 75 . 6, 8, 10, 11, 14, 17, 21, 34, 45, 55, 169 s. 77 . . 8 s. 80 . Ill, 112 s. 87 . 172, 173 s. 92 . . 193 s. 100 2, 196 s. 120 189, 190, 191 . 73 . 176 . 145 . 166 . 169 192, 193 . 125 19 10 196, 197 21,34 54 & 55 Vict. c. 76, s. 28 90, 91, 199 s. 57 . . 33 s. 80 . . 28 s. 99 72,73,155 -ss. 100,101 92 s. 102 155, 226 ,s. 106-108 184 52 & 53 Vict. c. 11 . C. 4:< . c. 56, s. 8 c. 63, s. 1 >. 15 9. 16 ?. 17 s. 33 69, s. 2 72, s. 11 53 & 54 Vict. c. 15 . c. 17 . . c. 21, s. 8 _ c. 22, s. 1 c. 54 . c. 59, s. 44 . c. 66 . . . c. 70, ss. 29-52 (Part II) (Part III.) 53 53-71 201 216 . 216 s. 54 155, 216, 217 ss. 55-61. 217 ss. 62-68. 218 s. 88 . . 34 s. 92 . 72, 155 Sched. I. 72, 155 - c. 71, s. 9 9, 29, 169 c. ccxliii. s. 32 54 & 55 Vict. c. 4 . c. 11 c. 33 . c. 39, Sched ■ c. 63, s. 4 • c. 68 . C. (5 c. 76 ss. 19, 20 201 156 25 . 119 102, 192 . 89 7 . 19 14, 15 . 72 . 73 91 ss. 28, 30 82 56 & 57 Vict. c. 6 . . . . 21 c. 11 . . 82, 108 ss. 2, 3 . 84 c. 32 . . . 72 c. 55 . 74, 233, 239 c. 68, s. 23 . . 28 c. 73, s. 2 . . 19 s. 3 . . 34 . 145 144, 145 s. 5 s. 6 s. 7 s. 8 ■s. 9 ■s. 10 ■s. 13 •s. 14 78, 145 . 145 144, 146 . 147 . 147 163-165, 166 s. 23 18, 21, 35 s. 31 18, 21, 35, 155, 226 s. 33 66, 77, 78, 83, 139, 143, 144, 163, 166 s. 43 . . 20 s. 44 19, 20, 21 s. 46 9, 10, 17, 26, 27, 29, 30, 31, 32, 33, 34, 155, 226 Table of Statutes. 56 & 57 Vict. c. 73,s.48 21,34,35, 36,37,38,42, 43, 45, 54, 55,62, 70, 155, 226 . 145 . Ill 6 . 82 . 165 . 165, 167, 176 L9, 161, 162, 165 . 34 . 62 HI . 185, 188, 189 57 & 58 Vict. c. ccxiii. s. B. ■>- B. .">7 8. 60 s. 62 s. 66 s. 70 79 SO Part. II. r. 11 p. 84 . . ss. 85, 86 ss. H5-88 bs. 87, 88 >. 89 . . Sched. I. L86 194 194 195 185 67 Part IV Ill, 112 c# ccxxi. s. 15 . 6, 227 s. 17 . 203 86. 57 & 58 Vict. c. 53 . . 124, 193 c. 57 . . . 90 c. ccxiii. . 72, 140 B . 5 . 201, 205, 206 s. 22 . 209 8S- 22- 31 210 bs. 82- .... 200 s. 84 . 199, 200, 201, 202, 203 ss. 85, . . 200 ss. 106, . . . 205 B. L25. 204 ss.125- . . 203 s. L27. 203 s. 128. 203 86. 107 i:;: — s. L51, PAGE L34. L99, 203, 205 150. 202, 203 2" )2, 203 202 202, 203 203 208 205 203. s. l. 52. s. 153. s. 159. s. 164. s. 166, s. 170 . 206, 210, 212 . . 58 & 59 Vict. c. 11 . c. cxxvii. 59 & 60 Vict. c. 1 . . — c. 16 . 206, 207 s. 171. 208 s. 197. 206, 209, 210 s. 199. 199, 205,206 s. 200. 201, 202,203,205,206,209 SB. 201- 200 . ITU, 215 42 . 6. c. 22 c. 50 c. 59 60 & 61 Vict. c. 31. s. c. 56 61 & 62 Vict. c. Lxx c C. CXXX11I. c. cxxxviii. c. cxxxix. c. cxliv. xxiii. cxxxvii 62 & 63 V..- ccwi. 1-1 i;» 29 62 122 84 83 119 L69 187 77 28 74,95,212 95 96 4 l 13 143 1 13 1 I:: ss. 6, 201. 21 12 . 143 1-227 74 b 2 INTRODUCTIO N. Before discussing the London Government Act, 1899, Bxi itself, it seems desirable to give a brief historical sketch system ol of those features of the existing system of local govern- 1,x:l1 f? overn_ ment in London, which must be known before the pro- London visions of the Act of 1899 can be understood. The Metropolis Management Act, 1855 (18 & 19 Vict. c. 120) may be taken as the starting-point. The area with which that Act dealt, and which is in that Act called the "metropolis," consisted of the City of London and a number of parishes and places enumerated in schedules A, B, and C to the Act. The Act established for each of the parishes and places in schedules A and B (except Woolwich, which was at the time of the Act, and has since remained, under the government of a local board of health) an elective vestry, consisting of members elected by the ratepayers together with certain ex officio members. The term " elective " is not applied to these vestries by the Act of 1855, but is used in the London Government Act and is a convenient term. The vestries of the parishes in Schedule A, which may, adopting the term used in the London Government Act, be called " administrative vestries," were incorporated and were given large powers of government, besides being invested with the functions attaching to vestries generally. The vestries of the parishes and places in Schedule B were not incorporated and were not given any new powers of Government, though, like the administrative vestries, they were invested with the usual powers of vestries. These parishes and places were grouped into a number of districts, for each of which a district board of works was established, consisting of members elected by the elective vestries of the constituent parishes and xxii Introduction. places. The district boards were given powers practically- identical with those given to the administrative vestries. Some of the districts formed by the Act of 1855 have since been dissolved, and save in one case where certain of the parishes comprised in a dissolved district were formed into a new district, the parishes in the dissolved districts have been placed under administrative vestries. Subject to these alterations the elective vestries and district boards established by the Act of 1855 still exist, though altered to some extent in constitution. Under the London Government Act, 1899, they are to be abolished. The internal government of the City of London, which was and is extremely complicated, resting partly on statute, partly on numerous charters, and partly on custom, was left substantially untouched by the Act of 1855. It will again be left substantially untouched by the Act of 1899. The places enumerated in Schedule C to the Act of 1855 were small places of exceptional character. Their government was and is anomalous. The Act of 1855 further established the Metropolitan Board of Works as an authority with jurisdiction in certain respects over the whole of the metropolis. The Board consisted of members elected by the Corporation of the City, the administrative vestries and district boards, and the local board of health of Woolwich. By sect. 249 of the Act of 1855 provision was made for future alteration in the area of the " metropolis " ; but this provision was never acted upon, and the section is now repealed. The scheme of government introduced by the Metropolis Management Act, 1855, remained in its main features unchanged until the Local Government Act, 1888, came into operation, though in the meantime the Act of 1855 had been amended by several Acts, and numerous additional powers and duties had been conferred and imposed on the Metropolitan Board of Works and on the administrative vestries and district boards. The Local Government Act, 1888 (51 & 52 Vict. c. 41), by which county councils were established, and which gave the name of " administrative county " to the area for which a county council is elected, constituted the area forming the " metropolis " under the Metropolis Manage- ment Acts, into an administrative county under the name Existing System of Local Government in London. xxiii of "the administrative county of London," and established the London County Council as the county council for that administrative county. The Act abolished the Metropolitan Board of Works and transferred their functions to the London Count} Council, but left the vestries and district boards sub- stantially unaffected. Besides constituting the administrative county of London, the Act of 1888 provided, by sect. 40 (2), that such portion of the administrative county of London as formed part of the counties of Middlesex, Surrey, and Kent should be severed from those counties and should form a separate county for all non-administrative purposes by the nam' of the county of London (ib. s. 40 (2)). Certain saving clauses in the Act, however, prevented this provision from taking absolutely complete effect. Thus the county of London is not a separate county for the purpose of Parliamentary representation, and for that purpose its creation did not affect the boundaries of Middlesex, Surrey, or Kent. The City of London is and has been from time immemorial a county of itself. Consequently the county of London is practically the administrative county of Lond< m less the City. There are, however, certain small excep- tional areas that are within the City for certain purposes and without the City for other purposes, and the existence of these areas renders it unsafe to assume that expressions such as " London outside the City " necessarily designate exactly the area constituting the county of London. The areas mentioned in Schedules A, B, and C, to the Metropolis Management Act, 1855, which, with the City, constitute the administrative county of London, are enumerated in the table of areas in the appendix to this work, where information on various points connected with the government of these areas will be found. Before passing to the Local Government Act. L894, the next Act substantially affecting the system of London government introduced by the Metropolis Management Act, 1855, the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), calls for passing mention. That Act consolidated with amendments much of the earlier statute law dealing with sanitation in force in London, and gave the name of '"sanitary authorities " to the authorities charged with its execution ; namely. the administrative vestries and district boards, the local board of health of Woolwich, and certain authorities ii< xxiv Introduction. the City and in the places mentioned in Schedule C to the Metropolis Management Act, 1855. Since that Act, enactments conferring powers on the administrative vestries and district boards have generally conferred such powers on them under the name of " sanitary authorities." The Local Government Act, 1894 (56 & 57 Vict. c. 73), completely altered the law as to the qualification of vestrymen — as the members of elective vestries are called — in London ; as to the election of vestrymen, both as regards the qualification of the voters and the method of conducting the election ; and as to certain other matters more or less connected with the election of vestrymen. The provisions of the Act of 1894 in these respects are extended to the councillors of the metropolitan boroughs by the London Government Act, 1899 ; and in view of the outline of the law relating to the election and qualification of councillors of a metropolitan borough, and matters connected therewith, given below, it is unnecessary to refer to them further at this point. The provisions of the Act of 1894 above-mentioned extend also to the local board of health of Woolwich. The Act also altered the qualification for membership of a district board, but it did not alter the system of electing those boards. No new powers were directly conferred on the vestries or district boards by the Act of 1894, but sect. 33 of that Act, it should be mentioned, contains provisions which the Local Government Board have interpreted as enabling them to confer important parochial powers on elective vestries, whether administrative vestries or not, and also to transfer to such vestries the functions of burial boards and of boards of commissioners under the Baths and Washhouses Acts and the Public Libraries Acts (see pp. 143-145). The London The main object of the London Government Act, 1899, Government i s to substitute for the numerous elective vestries and Act * district boards a smaller number of local authorities of greater dignity and with wider powers. To this end the administrative county of London, exclusive of the City and slightly altered in area, is to be divided into twenty-eight "metropolitan boroughs," for each of which a " borough council " is to be established. Subject to certain exceptions, these borough councils will have concentrated in them the functions of the existing administrative vestries and district boards ; of the existing: elective vestries other than administrative The London Gt vernment Act. xxv vestries; of the existing burial boards, and boards oi commissioners under the Baths and Washhouses Acts and the Public Libraries Acts; and of the overseers oi the poor. They will also have certain additional func- tions attached to them by the Act directly. It should be observed that the metropolitan boroughs and the councils of those boroughs will not be borough> and borough councils in the ordinary sense of these expressions, and that enactments relating to boroughs and borough councils will not extend to the metropolitan boroughs and the metropolitan borough councils unless it is expressly so provided (see sect. 31). The Act will not come into full operation for some Coming • i 11 , • i ii .cration of considerable time. v Many of its provisions were expressed to operate as J,,',;,",,. from the "appointed day," that is to say, the day when the first members of the borough councils come into office, or such other day, not being more than six months earlier or later, as the Lord President of the Privy Council may appoint either generally or specially. (Sect. 33 (1).) The first elections of borough councillors under the Act are to be held on November 1, 1900, or on such later day, as soon as practicable thereafter, as may be fixed by the Lord President of the Council. (Sect. 3 (1).) For most purposes accordingly the " appointed day " cannot be earlier than some day in November, 1900, and the Act cannot come into full operation before that time. In the meantime, as will be seen, much remains to be done by means of Orders in Council, Schemes, and Orders of the Local Government Board, to complete the legislation contained in the Act itself. The areas which are to form the metropolitan boroughs The metro- are enumerated in the first schedule to the Act. But pohtan .i t • i. l. x boroughs. these areas may, and in some cases must, be to some extent altered, under the provisions of the Act as to boundaries, so that the schedule can only be regarded as defining the areas of the several boroughs in a general way. The provisions of the Act as to alterations of boundary which will or may affect the boundaries of the metropolitan boroughs, and which are contained in sects. 1, 17, 18, 20 and 21, will be discussed later. As to the existing position in the matter of local government of the areas mentioned in the first schedule, reference may be made to the Table of Areas in the Appendix to this work. It will be seen that the first xxvi Introduction. fifteen borough areas mentioned in the schedule are at present parishes under administrative vestries, and that two more, namely, the district of the Poplar Board of Works and the district of the Wandsworth Board of Works, are at present districts under district boards. None of the remaining eleven areas is co-terminous with an area at present subject to a single administrative vestry or a single district board. The areas of the several boroughs are to be actually defined by Order in Council, and before any Order in Council forming an area into a borough is made the draft of the Order is to be laid before Parliament, and either House may thereupon present an address to Her Majesty against the draft or any part of it, in which case no further proceedings are to be taken on that draft and a new draft will have to be prepared. (See sects. 1, 15 (2).) The areas of the boroughs cannot therefore be finally settled before the next session of Parliament. Each borough is to be given an appropriate name by Order in Council. (Sect. 27 (1).) The borough The council of a metropolitan borough will consist of councils. a mayor, aldermen, and councillors. (See sect. 2 (1), The borough will be divided into wards, a certain number of councillors being elected for each ward'. The total number of councillors is in no case to exceed sixty, and the number assigned to each ward is to be divisible by three. (See sect. 2 (2), and note, p. 5.) The Act contains scarcely any direct provisions with reference to the election of borough councillors or cognate matters ; but with reference to these matters provides that the existing law applicable to members of adminis- trative vestries shall apply. (Sect. 2 (5), p. 18.) The councillors for each ward will be elected by the persons registered as " parochial electors " in respect of qualifications in the ward. The register of parochial electors consists of the Parliamentary register of electors and the local government register of electors taken together, the latter register including the names of married women, who, though disentitled to vote at elec- tions of county councillors, are, if possessed of the necessary qualification, entitled to be placed on the register of local government electors for the purpose of voting as parochial electors. Consequently, putting it broadly, every person entitled to vote at a Parliamentary election in respect of a qualification in London, whether as owner, The Borough Councils. x.wii occupier, or lodger, ami ), pp. 21-26. 1 With reference to the mayor and aldermen, the Act applies the provisions of the Local Government Act, 1888, relating to the chairman and aldermen of a county council, and thus in effect indirectly applies the provi- sions of the Municipal Corporations Act, L882, r< fating to the mayor and aldermen of a municipal borough, xxvm Introduction. subject to some modifications. (Sect. 2 (4), and note, pp. 6, 7.) The aldermen will be elected by the council either from among the councillors or from outside the council, the qualification for election from outside the council being it seems practically the same as in the case of a councillor. (See the note to sect. 2 (4), pp. 7-14.) One half of the total number of aldermen will go out of office every three years, their places being then re- filled. Hence the term of office of an alderman will normally be six years. (See the note to sect. 2 (4), p. 16.) V ; The number of aldermen will be one-sixth of the number of councillors. (Sect. 2 (3).) The mayor will be elected by the council either from among their own members or from outside the council, the qualification for election from outside the council being apparently the same as in the case of a councillor. (See the note to sect. 2 (4), pp. 7-12.) The term of office of the mayor will be one year. (See the note to sect. 2 (4), p. 16.) The mayor will be a justice of the peace for the county of London. (See sect. 24 and note, pp. 168, 169.) He may be voted remuneration by the council (see the note to sect. 2 (4), pp. 17, 18). Women will not be eligible for membership of a borough council (sect. 2 (1)); and there are other dis- qualifications. (See the notes to sect, 2 (4, 5), pp. 9. 26-35.) V ' VV ' The first elections of borough councillors are to be held on November 1, 1900, or such later day, as soon as practicable thereafter, as may be fixed by the Lord President of the Council, who is also to fix a corresponding day for the elections of mayor and aldermen. (Sect. 3 (1).) In subsequent years the elections of borough councillors will be held on November 1, or, if that day is a Sunday, on November 2, and those of mayor and aldermen on November 9, or, if that day is a Sunday, on November 10. (Sect. 3 (2, 3).) The alterations in the dates for the signing and coming into operation of the revised lists of voters neces- sary to allow of the elections being held on these dates are made. (Sects. 3 (4), 27 (3).) The dates for the retirement of the first aldermen and councillors are to be fixed by Order in Council, and it is further provided that such an Order shall give such The Borough Councils. xxix directions as to the first meeting of the borough councils, and make such other temporary modifications of tin- provisions of the Act, as may appear to Her Majesty to be necessary or proper foT making these provisions applicable in the case of the first constitution of a borough council. (Sect. 27 (1).) The proceedings of the borough councils will be mainly governed by the law applicable to the proceedings of administrative vestries (see sect. 2 (5) and note, pp. 18, 65-69). New provisions of some elaboration are however made as to the conduct of financial businesses (sects. 8 (3), 9); and the councils arc given powers, in excess of those at present enjoyed by administrative vestries, of delegating powers to committees (sect. 8 (1, 2, 4)). It is also expressly provided that the quorum of the council shall be one-third of the whole number of the council (sect. 2 (6) ). The accounts of the borough councils arc to be made up and audited like those of the London County Council. This provision effects a very important change in the law, since it will subject the accounts of the borough councils to an efficient audit by the auditors appointed by the Local Government Board, whereas the existing provisions for the audit of the accounts of administrative vestries and district boards are of a very inadequate character. (See sect. 14 and note, pp. 126-136.) The provisions of the Act concerning the powers and Powers and duties of the borough councils, to which attention must ^ tiea , of now be directed, are to a large extent of a skeleton ^^f^ character, matters of detail being left to be dealt with by " schemes " which are to be prepared by commissioners appointed under the Act, and are to be ultimately con- firmed by Order in Council, or in some cases possibly by Act of Parliament. The pro\ isions with reference to such schemes will be referred to later. The powers, duties, property, and liabilities of the elective vestries, whether administrative vestries or not, and of the district boards, are as from the appointed day transferred by the Act to the borough councils, and the elective vestries and district boards are as from that day abolished (see sect. 4 (1 )). There are, however, savings with reference to affairs of the Church and Church property which will be mentioned later. In cases where the area of a metropolitan borough is co-extensive with the area under the jurisdiction of an administrative vestry or district board this transfer will xxx Introduction. give rise to very little difficulty or dislocation of business. In other cases adjustments of various kinds may be necessary. Such adjustments will be made by scheme. It may be mentioned that where a borough council are desirous of borrowing under the powers transferred to them from the administrative vestries and district boards, and the London County Council withhold their sanction to the loan, or attach conditions to their sanction, the borough council are to have a right of appeal to the Local Government Board. (Sect. 4 (1).) The borough council are also to execute the adoptive Acts, namely, the Baths and Washhouses Acts, the Burial Acts, and the Public Libraries Acts, wherever these Acts are in force. And where there is any existing separate authority under any of these Acts their functions are to be transferred by scheme to the borough council. Provisions are also made as to the adoption of these Acts in the future, but these provisions are of an imperfect character and give rise to some very difficult questions (see sect. 4 (2, 4) and notes, pp. 76-85). A few minor powers of the London County Council are transferred to the borough councils by the Act. And the Local Government Board are empowered, on the application of the London County Council and of the majority of the borough councils, to make a provisional order, which will require confirmation by Parliament, for the transfer to all the borough councils of any power exercisable by the County Council or for the transfer to the County Council of any power exercisable by the borough councils (sect. 5 (1, 3)). Where any power or duty is transferred by or under the Act from the London County Council to a borough council, or from a borough council to the London County Council, the borough council or the County Council, as the case may be, are to defray as part of their ordinary expense the expenses of and incidental to the power or duty in question, but the one council is to make a contribution to the othe^ in respect of those expenses (sect. 7). Besides the powers and duties that will thus attach to the borough councils by transfer from other authori- ties, and those that will attach to them in their capacity of overseers, as to which some observations will be made later, the Act confers and imposes certain additional powers and duties on them. Some of these additional powers and duties are Pmvers and Duties of Borough Councils. x.wi conferred and imposed on the borough councils in tin- usual way by express enactment in tic l>ody of the Act (see sect. 6). But others of these powers and duties are conferred and imposed on the borough council in a somewhat curious way. It is provided that the powers of the London County Council under the enactments mentioned in Part II. of the Second Schedule to the Act may, subject to the conditions mentioned in that schedule, be exercised also by each borough council as respects their borough (sect. 5 (2)) ; and in Tart II. of the Second .Schedule the powers of the London County Council in question are tabulated. A brief general account of the powers thus conferred on the borough councils will be found in the note to sect. 5 (2), pp. 86, 87. The remaining provisions of the Act under which Overseen and the borough councils will have powers and duties are rates, those relating to rates and to the exercise of the functions of overseers. The council of each borough are to " be the overseers of every parish within their borough," and are to appoint such officers as may be required to assist in the transac- tion of the business, and to defray the expenses of ami incidental to the performance of the duties, of overseers (sect. 11 (1)). But the clerk of the council, who is to be called the town clerk (sect. 4 (1)), is to have tic- powers and duties and be subject to the liabilities of overseers with respect to the preparation of the lists of voters and of the jury lists (sect. 11 (1)). The churchwardens are to cease to be ex officio over- seers, and provision is made for cases where property is vested in the churchwardens and overseers or in the overseers alone, and for cases where the overseers are trustees of a charity (sect. 23 (3, 4)). Practically the powers and duties of the borough council as overseers will relate almost exclusively to the preparation of valuation lists and the levy of rates. No alteration is made in the functions of the over- seers with reference to the preparation of valuation lists, and these functions will be discharged by the borough councils as they have in the past been discharged by tic- overseers. An alteration in the law is. however, made as to the appointment of assessment committees. It is pro- vided that where the whole of a poor law union is within a borough the assessment committee shall be appointed by the borough council instead of by the guardian-, and xxxii Introduction. that where the borongh comprises the whole of two or more unions, the council shall appoint only one assessment committee for those unions (sect. 13). In cases where the assessment committee is now appointed by the vestry, a borough council will appoint that committee not by virtue of sect. 13 but as successors of the vestry under sect. 4 (1). The provisions of sect. 13 seem calculated to give rise to considerable difficulty and friction, since an assessment committee appointed by a borough council under that section, unlike an assessment committee appointed by a borough council as successors of a vestry, will apparently be subject in many respects to the control of the board of guardians (see the note to sect. 13, pp. 124-126). The rating powers of the borough councils will differ very considerably from those at present vested in the overseers. By sect. 10 of the Act it is provided as follows : — " (1.) A scheme under this Act shall provide for all the expenses of a borough council being paid out of the general rate, and for the discontinuance of a separate sewers rate and separate lighting rate, but shall make provision for protecting the interests of owners and occupiers of any hereditament which is exempt from any rate or liable to be assessed thereto at a less amount than other hereditaments. " (2.) After the appointed day the general rate and the poor rate shall be assessed, made, and levied together by the borough council as one rate, which shall be termed the general rate, and shall be assessed, made, collected, and levied, as if it were the poor rate, and all enactments applying or referring to the poor rate shall, subject to the provisions of this Act as to audit, be construed as applying or referring also to the general rate. " (3.) Where a borough comprises more than one parish, the amount to be raised to meet the expenses of the borough council, or other sums payable as part of those expenses, shall, subject to any provision required for the adjustment of local burdens, be divided between the parishes in proportion to their rateable value. " (4.) Where any of the adoptive Acts, or any local or other Act, does not extend to the whole borough, any rate required to meet the expenses incurred under the Act shall, subject to the provisions of any scheme under this Act, be levied together with, and as an additional Overseas ami Rates. xxxiii item of, the general rate over the area to which the A.cl extends." Most of the enactments at present regulating the levy of the general rate, the sewers rate, and the lighting rate are, moreover, expressly repealed (sect 35 (2) and Schedule III.). It is further provided that after the appointed day every precept issued by any authority in London for tin- purpose of obtaining money which is ultimately to be raised out of a rate within a borough, other than a precept sent to guardians by the Local Gi-overnmenl Hoard, or by a body containing representatives elected by the guardians, shall be sent to the borough council and shall be executed by them (sect. 11 (2) ). The practical working of these provisions as to rates will depend in great measure on the scheme or schemes framed under sect. 10 (1). Broadly the idea seems to be that the various separate rates at present levied for the expenses of the administrative vestries and district boards, and the poor rate, shall be amalgamated into a single rate, to which the incidents of the poor rate shall attach, and which shall be levied by the borough council ; but that the several portions of the rate shall be kept so far distinct as is found necessary in order to preserve existing privileges and exemptions (see the note sect. 10, pp. 114-122). There is a special saving, it may be mentioned, as to the rights of tenants against their landlords in respect of the sewers rate (sect. 12). Provision is also made under which demand notes for rates are to contain a mine of information presented in a form approved by the Local Government Board (sect. 11 (3)). The Act contains provisions which will enable very Boundaries. considerable alterations in the boundaries of local area-; to be made. In the first place it is provided that the a] mentioned in the first schedule shall be formed into metropolitan boroughs "subject, nevertheless, to such alteration of area as maybe required to give effect to the provisions of this Act, and subject also to such adjust- ment of boundaries as may appear to Her Majesty in Council expedient for simplification or convenience administration" (sect. 1). Hence there will be power, apart from the specific provisions of the Act relating to boundaries, to adjust o xxxiv Introduction. boundaries for purposes of convenience, though the extent of this power is left somewhat doubtful (see the note to sect. 1, p. 5). The specific provisions of the Act as to boundaries are contained in sects. 16, 17, 18, 20, and 21. Sect. 17 provides as follows : — " (1) Every part of the administrative county of London outside the City shall be situate in some borough and some parish, and a parish shall not be situate in more than one borough, or partly in a borough and partly in the City. "(2) An Order in Council under this Act may divide a parish or place into parts for the purpose of giving effect to this section or of constituting a satisfactory area for a borough, and, unless otherwise provided by the Order or by a scheme under this Act, each part shall be a separate parish." These provisions give wide powers to divide parishes by Order in Council. Sect. 18 is concerned with cases where part of a parish is wholly detached from the principal part of the parish, and requires that such detached parts of parishes, with certain exceptions, shall be dealt with by Order in Council. Where the parish is wholly in London, the detached part is, subject to certain exceptions, to be annexed to or divided between any of the boroughs which it adjoins, and to be either constituted a separate parish or annexed to or divided between any of the parishes it adjoins. Where the principal part of the parish is outside London and the detached part within London, the detached part is to become part of the county of London, and to be dealt with accordingly ; and provision is made (with the object it is understood of meeting the case of South Hornsey) that where a detached part of a parish in an urban district adjoining London so becomes part of London the whole urban district may be made part of the county of London. Where the principal part of the parish is in London and the detached part without, the detached part is to be made part of the county or counties surrounding it, and the necessary consequential arrangements are to be made. By sect. 20 special powers are given for dealing by Order in Council with the hamlet of Penge. _ The hamlet may either be added to the borough of Lewisham Boundaries. xxxv or of Camberwell, or be separated from the county of London, and made pari of either Surrey or Ken1 ; and the necessary consequential arrangements may be made. Under sect. 21 Kensington Palace may be detached from the borough of Westminster and added to the borough of Kensington. Parish boundaries may be altered not only by Order in Council under the provisions above mentioned, bul also by scheme, the only restriction being that parishes in different unions are not to be united without the consent of the Local Government Board (see sect. L6 (1, c), ami notes, pp. 139, 141-143). Any powers and duties of a vestry which relate to church the affairs of the church, and any interest of a vestry in affairs, any church property, are excepted from the transfer of the functions and property of the elective vestries to the borough councils ; and it is provided that a scheme under the Act shall provide for vesting any such powers and duties in the inhabitants of some parish or ecclesiastical district, and for vesting any such interest in the incum- bent and churchwardens or one or some of them, and for the collection of any rate connected with a church or an incumbent by the churchwardens, or by officers appointed for the purpose. There is, however, a special provision with reference to buildings in churchyards (sect. 23 (1, 2) ). Provisions as to charities are contained in sect. 23 (4-6) Charities, of the Act. These provisions, and the provisions that may be made with reference to charities by scheme, are discussed somewhat fully in the note to that section, pp. 163-168. The clerk of the council of a metropolitan borough is Officers, to be called the town clerk, and certain duties, of which the most important relate to the registration of electors and the preparation of jury lists, are imposed on him (sects. 4 (1), 11 (1)); and' provision is made for the appointment of a deputy town clerk to act during the illness or absence of the town clerk (sect. 25). The borough council are also empowered to appoint officers to assist in the transaction of the business of overseers (sect. 11 (1)). Otherwise the Act does not expressly confer any new power of appointing officers on the borough councils. Nor does it contain any provision as to the tenure of office or obligations of officers appointed by a borough council. The absence of any provisions of the kind gives xxxvi Introduction. rise to questions of considerable difficulty, some of which are discussed in the note to sect. 80 (pp. 177-186). The provisions of the Act as to existing officers, which are contained in sect. 30, and are somewhat fully dis- cussed in the note to that section (pp. 177-192), are in some respects difficult to understand. It is, however, provided that a scheme under the Act may make such provisions as may appear necessary for carrying the section into effect ; and it is accordingly possible that the diffi- culties that might arise under the section as it stands will, at all events to some extent, be removed by a scheme or schemes. Briefly, the provisions of sect, 30 are as follows : — The officers of the authorities whose powers and duties are transferred to the borough councils, and also the assistant overseers, rate collectors, and other officers employed in the performance of the duties of overseers, are to become officers of the borough council. Officers who were already in office on February 24, 1899, and remained in office at the passing of the Act, will, if they continue to hold office under the borough councils, hold such office on the same tenure and on the same conditions as hitherto. And provisions of the usual character are made for the payment of compensation to any such officer who suffers pecuniary loss in consequence of the Act, xV borough council may abolish the office of any officer transferred to them whose office they deem unnecessary ; and an officer required to perform duties which are not analogous to his present duties, or which are an unreason- able addition to his present duties, may relinquish his office. And it is expressly provided that an officer whose office is thus abolished, or who thus relinquishes his office, shall be entitled to compensation. Provision may also be made by scheme for the pay- ment of compensation to any officer who sustains pecuniary loss in consequence of the Act, although he is not trans- ferred to a borough council, and although he is not an officer of an authority whose powers and duties are trans- ferred by or under the Act. Eegistration It has already been mentioned that the town clerk in of electors. each borough is to have the duties of the overseers with reference to the preparation of the lists of voters (sect. 11 (1)). He is also to have the duties of town clerk under the Acts relating to the registration of electors (sect. 4 (1) ). And an Order in Council may, R 'gistration of Electors. xxxvii and doubtless will, be made adapting the enactment- relating to the registration of electors accordingly (sect. 27(2)). In 1900 and in subsequent years the revised lists oi voters in the administrative county of London outside the City are to be signed before October 20, and are to come into operation us the register for the purpose of borough elections on November 1 (sects. 3 (4), 27 (3) ). The existing members of elective vestries and district Continuance boards and the existing auditors and overseers are jjj^jjjj, ^ continued in office till the day on which the first borough txisting councillors elected under the Act come into office, and authorities, on that day are to go out of office. And, except for the &c. purpose of filling casual vacancies, no further election or appointment is to be held or made (sect. 27 (4)). The transitory provisions contained in sects. 85-88 of Transitory the Local Government Act, 1894, are subject to the provisions. provisions of any scheme, and with such adaptations as may be made by Order in Council, to apply in the case of boroughs and borough councils under the Act (sect, 33 (2)). The sections in question contain savings for the levy, &c, of current rates, the audit of current accounts, pending legal proceedings, existing securities, debts, bye-laws, and contracts, and like matters. Provision is to be made by scheme for placing Woolwich. Woolwich under the general law applying to metro- politan boroughs; for the application of metropolitan enactments in Woolwich ; and for the repeal as regards Woolwich of enactments not applying to London (sect. 19 (1)). Subject to the provisions of such a scheme and to certain savings, the Act is to apply to Woolwich as if the local board of health were an administrative vestry (sect. 19 (2, 3)). The internal government of the City is, as has been city of mentioned, left unaffected by the Act. It is, however. London. provided that the Local Government Board, on the joint application of tin- London County Council and the Common Council of the City, may make a provisional order, requiring confirmation by Parliament, transferring any power from the County Council to the Common Councilor vice versa (sect. 5 (4)), and provisions are made with reference to the expenses connected with the exercise of powers so transferred (sect. 7). It appears also to be intended that the powers xxxviii Introduction. exercisable by the Corporation of the City or the Court of Aldermen of the City, or their officers, in the ancient borough of Southwark shall be dealt with by scheme under the Act (see sect. 16 (3, a)). Orders and Much, as has been seen, is to be effected under the schemes. Act by Orders in Council and by schemes. Lists of the subject matters with reference to which such orders and schemes are to be made will be found in the notes to sects. 15 and 16, pp. 137, 140. By sect. 15 (1) provision is made for referring to a Committee of the Privy Council the appointment of Commissioners to prepare such orders and schemes as are required for carrying the Act into effect, and the Committee are empowered to settle the orders and schemes, and to employ such persons as they may deem necessary for the purposes of the Act, Under this clause certain members of the Privy Council have been consti- tuted a Committee for the purposes of the Act and Commissioners have been appointed (see p. 137). The Commissioners are given for the purposes _ of their powers and duties under the Act like powers with inspectors of the Local Government Board (sect. 15 (3)). The expenses of the Committee of the Privy Council under the Act are to be defrayed by the London County Council (sect. 15 (4)). Provisions of the widest possible character as to the matters that may be provided for by scheme are contained in sect. 16 (1, 2). Indeed, but for one or two express savings in sub-section (1) of that section, it would be difficult to specify any matter in any reasonable sense connected with the purposes of the Act, with reference to which provision could not be made by scheme, though it is of course impossible to say how boldly the Committee of the Privy Council and the Commissioners may be disposed to exercise their powers. By sect. 16 (3, 4) the provisions of the Municipal Corporations Act, 1882, as to the procedure in relation to the preparation of schemes in connection with the incorporation of new municipal boroughs are applied with some modification to schemes under the London Govern- ment Act. The provisions of the Municipal Corporations Act in this respect will be found at length in the note to sect. 16 (3) at pp. 149-152, and at p. 149 a short summary of their effect is given. It will suffice to state here that provisions are made under which local authorities and persons affected will Orders and Schemes. \x.\ix have an opportunity of making objections to any drafl scheme, and thai there will be an opportunity of presenting- a petition against the scheme, in which case the scheme will require confirmation by Parliament. In conclusion it may be added, in order to complete the foregoing summary of the provisions of the Act, that ' ^eous. the Act contains provisions as to the conduct of pro- ceedings by the Local ( l-overnmenl Board (sect. 28 (2, 3)), and as to the procedure with reference to the making of provisional orders (sect. 28 (1)); provisions for the altera- tion of the wards of a metropolitan borough (sect. 2G) ; provisions for the summary determination by the High Court of questions as to the transfer of p iwers, duties, and property (sect. 29); and savings with reference to the London (Equalisation of Bates) Act, L694, the jurisdiction of the London School Heard, and other matters (sect. 31). THE LONDON GOVERNMENT ACT, 1899. 62 & 03 Vict. c. 14. An Act to make better provision for Local Government in London. [l$fh July, 1899.] Be it enacted by the Queen's most Excellent Majesty, 62 & 63 Vict by and with the advice and consent of the Lords c - '4i s. *• Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : — Establishment of Metropolitan Boroughs. Sect. 1. The whole of the administrative county of Establish- London, exclusive of the City of London, shall be divided tnent of into metropolitan boroughs (in this Act referred to as metropolitan boroughs), and for that purpose it shall be lawful for jj^S 118 in Her Majesty by Order in Council, subject to and in accordance with this Act, to form each of the areas men- tioned in the First Schedule to this Act into a separate borough, subject, nevertheless, to such alteration of area as may be required to give effect to the provisions oi this Act, and subject also to such adjustment of boun- daries as may appear to Her Majesty in ( 'ouncil expedient for simplification or convenience of administration, and to establish and incorporate a council fox each of the boroughs so formed. Note.— Administrative County of London.— The administra- tive County of London is the area for which the London County Council is elected. It is in effect defined in the Local Government Act, 1888 (51 & 52 Vict. c. 41), as consisting of the City of London and the parishes and places mentioned in Schedules .A, B, and C to the Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), as amended by subsequent Acts. See sect. 40 (1) of the Local Government Act, B 2 London Government Act, 1899. 62 & 63 Vict. 1888, and the definitions of" administrative county " and " Metropolis " c. 14, s. 1, n. in sect. 100 of that Act. The table of areas in the appendix to this work shows the areas comprised in the schedules to the jMetropolis Management Act, 1855, as amended by subsequent Acts. It is important to observe the distinction between the expressions the " administrative county of London " and " the county of London." The county of London consists of those parts of the administrative county of London which were formerly in Middlesex, Surrey, and Kent, and which were formed into a separate county for almost all non- administrative purposes by sect. 40 (2) of the Local Government Act, 1888. The county of London may of course be described as the administrative county of London less the City. But since the expres- sion City has not always precisely the same meaning, it does not necessarily follow that the area described in the present sub-section as " the administrative county of London exclusive of the City " is exactly identical with " the county of London." The exact meaning of the City in the present sub-section is considered below. Further as to the administrative county of London, the county of London, and the areas comprised in them, see the introduction, and the appendix to this work. City of London.— By sect. 22, the Inner and Middle Temples are for the purposes of the present Act to be deemed to be within the City of London. But, except to this extent, the expression "City of London " is not defined in the present Act. There is consequently some doubt as to the exact area that is to be taken as the City for the purposes of the present section. The choice seems to be between the area locally within the traditional boundaries of the City {plus the Inner and Middle Temples or so much of these areas as is not within the traditional boundaries of the City), on the one hand, and the area defined as the City for the purpose of the Metropolis Management Acts {plus the Inner and Middle Temples) on the other. The former area, it may be observed, appears to be identical with that forming the City for the purpose of the election of members of Parliament, which area is defined by the Parliamentary Boundaries Act, 1832 (2 & 3 Will. IV. c. 64, Sched. O, 22), as "the whole space contained within the exterior boundaries of the City of London, including the Inner Temple and the Middle Temple." With reference to the ancient boundaries of the City the following extracts from the second report of the Commissioners on Municipal Corporations of 1835 (issued in 1837) may be quoted: — "The City of London, including the liberties, or the districts into which the municipal franchises and privileges extend, is distinguished into two portions; viz., London within the walls, and London without the walls, or the liberties. The origin of this distinction or division is obvious, but it now exists only in name, and therefore in this report the term 'City' is employed to designate the whole of the municipal territory comprehended within the outer frontier or boundary of the liberties. . . . Both portions of the City, London within the walls, and London without the walls, are under the like municipal jurisdic- tion, and residence in either confers the same municipal privileges. . . . The whole of the ancient London Bridge was within the City, and it is maintained by the City officers that the present structure retains the rights of the ancient bridge. A small portion of ground upon which about six houses recently stood, at the south end of old London City of London. 3 Bridge on the Surrey shore, and called the ' Bridge Foot,' is part of 62 & 63 Vict. the City as the bridge itself was, and was then connected with the c. 14, B. I, n. City by the bridge. The new bridge, however, does not quite reach it, being somewhat higher up the river. But except as to this small plot of ground, which can scarcely be said to be an exception, no portion of the City of London is separated from the main body of the City. The municipal territory is continuous. . . . " The boundary between the liberties and the county of Middlesex, with few exceptions, is stated to be accurately known, and not subject to dispute. . . . It does not appear that the civic authorities perambu- late the boundary of the City and City liberties, or take any pains to preserve evidence of it, nor are they in possession of any map of their municipal territory and its divisions grounded upon actual survey. . . . " The boundary between the City and the precinct or the jurisdic- tion of the Constable of the Tower was anciently a subject of much contest. . . . But the only point now in dispute between the City and the Constable of the Tower relates to the Tower stairs. . . . "London anciently contained within it various sokes, jurisdictions, or franchises, which, though locally included within the City boundary or City liberties, were exempted from the municipal jurisdiction, either wholly or in a greater or lesser degree, and which have since been united to the municipal territory. "It is unnecessary to enumerate those districts which, whether by grant or usage, have become united to the City for all purposes; but there are some portions, formerly privileged places or exempt jurisdic- tions, and which yet are or claim to be partially or wholly exempted from various points of the City's jurisdiction. " The districts so circumstanced are the following : — [The report here refers to the precincts of Creede Church-street or the Duke's Place, St. Bartholomew the Great, St. Batholomew the Less, Black- friars, and Whitefriars.] "The precinct or liberty of St. Martin's-le- Grand was formerly a liberty belonging to the Dean and Chapter of Westminster, and considered as a part of the City of Westminster and county of Middlesex ; but it has since been united to the City by the Act for the erection of the new Post Office, 55 Geo. III. c. xci. s. 71- • • • " Dorset Court or Dorset Gardens, the site of the ancient palace of the Bishop of Salisbury, is asserted by the inhabitants to be no part of the municipal territory, but the City does not acknowledge the exemption, and legal proceedings are now pending in relation to the question. " A portion of the buildings of the Tower, and portions of the liberty of the Tower, are included within the local boundaries of the City, the ancient wall of the City passing through the Tower. But the 'whole of the Tower and of the Tower liberty is practically ex- cluded from the City jurisdiction. "The following' Inns of Court and Chancery: viz., the Inner Temple; Barnard's Inn; Serjeants' Inn, Chancery Lane; Clifford's Inn; part of the Middle Temple; Staple Inn; Furnival's Inn; 1 and Serjeants' Inn, Fleet Street (considered by some as part of the Inner Temple), are all locally included within the boundaries of the City: but they are all considered as being out of the municipal territory, and excepted from the City jurisdiction, and excluded from its franchises, (1) Parts only of Staple Inn and Furnival's Inn appear now to be regarded as within the ancient boundaries of the City. See the appendix to this work. B 2 4 London Government Act, 1899. 62 & 63 Vict, though those portions of Staple Inn and Furnival's Inn, which abut or c. 14, s. 1, 11. open upon Holborn, pay certain of the City rates. Ely Place, which is included within the City boundary, is wholly exempted from such rates. " Notwithstanding the foregoing total or partial exemptions, it is alleged that the process of the City Courts runs into all the before mentioned districts, the two Temples only excepted. Their rights, however, are in many respects obscure. Several of those districts, namely, Duke's Place, St. Bartholomew the Great, St. Bartholomew the Less, Blackfriars, Whitefriars, St. Martin's-le-Grand, Dorset Court, and Ely Place, practically compose a part of the City. All the above mentioned precincts, and all other places within the exterior boundary line of the liberties of the City of London, have been included in it by the Reform Act, 1 for the purposes of parliamentary representation, but no other extension of the civic limits was made by that Act." The definition of City in the Metropolis Management Act, 1855, to which allusion has already been made, is contained in sect. 250 of that Act, whereby for the purposes of that Act, unless the context otherwise requires, " the City of London shall be deemed to include all parts now within the jurisdiction of the Commissioners of Sewers for the City of London." The City Commissioners of Sewers had jurisdiction over the City as defined by sect. 262 of the City of London Sewers Act, 1848 (11 & 12 Vict. c. clxiii.), in these terms: — " The word ' City' shall mean the City of London and the liberties thereof, and shall include such parts of Holborn, the Minories, and Aldersgate Street as are or have been usually treated as being within the liberties of the City, and the courts and alleys leading into the same or communicating therewith, and also the north side of Eldon Street, formerly called Broker Row, Moor-fields, and the courts and alleys leading into the same or com- municating therewith, and all precincts and places within the City of London or the liberties thereof." The City Commissioners of Sewers were abolished, and their functions transferred to the Common Council of the City by the City of London Sewers Act, 1897 (60 & 61 Vict. c. exxxiii.) ; but no alteration was made in the area within which the powers formerly vested in the Commissioners of Sewers are exerciseable. It appears from the table of areas in the appendix to this work that the area under the jurisdiction of the Common Council, as successors of the City Commissioners of Sewers, comprises the following areas outside the Parliamentary boundaries of the City : — a small part of the parish of Shoreditch; a small part of the Minories; part of Saffron Hill; and parts of Glasshouse Yard. On the other hand, it appears from that table that the parts of Furnival's Inn and Staple Inn, which are within the Parliamentary boundary of the City, are not regarded as having been subject to the City Commissioners of Sewers. Prima facie, no doubt, the expression "the City of London," in the absence of definition, means the area within the traditional boundaries of the City. But the slightly different area defined as the City in the Metropolis Management Act, 1855, has been treated as the City for the purposes of so many enactments dealing with local government, that it is quite open to argument that the expression City in the present Act must be regarded as referring to the latter area. It seems clear that the ambiguity in the meaning of the expression " City (1) This was, in point of fact, effected not actually by the Reform Act, but by a later Act passed to cany the Reform Act into effect. See ante, p. 2. Constitution of Borough Councils. 5 of London " was forgotten in drafting the present Act ; though the 62 . 1, 11. be read as wide enough to authorize a rectification of the City boundaries, and thus to remove any difficulty arising from the doubt as to the precise area meant by the expression. Orders in Council. — As to < >rders in Council under the present Act, see sect. 15 and the note thereto. Alterations of Area. Specific provisions as to the alterations of area that are to be made by < >rder in Council in constituting the metropolitan boroughs are contained in sects. 17, 18, 20 and 21. By the present section it appears that apart from these sections there may be an "adjustment of boundaries" for the purpose of simplification and convenience of administration. The expression " adjustment of boundaries " is absolutely general. And it is by no means clear whether, under the present section, the power to make such adjustment of boundaries is confined to adjusting the boundaries between different metropolitan boroughs, or whether it extends to adjusting the boundaries between the metropolitan boroughs and the City, and between the metropolitan boroughs and areas outside the administrative county of London, and thus to authorize a rectification of the boundaries of the City and of the counties by which London is surrounded. Alterations in the last- mentioned boundaries may be made in specific cases under sects. 18 Sect. 2. (l.)'The council of each borough shall consist Constitution of a mayor, aldermen, and councillors. Provided that no of borough woman shall be eligible for any such office. councils. (2.) An Order in Council under this Act shall fix the number of councillors, and fix the number and boun- daries of the wards, and shall assign the number of councillors to each ward, that number being divisible by three, and regard being had to the rateable value as well as to the population of the wards. Note. — Orders in Council. — As to Orders in Council under the present Act, see sect. 15 and the note thereto. Number of Councillors. — Having regard to the next subsec- tion, the maximum number of councillors for a metropolitan borough will be sixty; and the number must in all cases be divisible by six. There is no provision for a subsequent alteration in the number of councillors for a borough. Wards, Apportionment of Councillors among Wards. — The object of the provision that the number of councillors to be assigned to each ward shall be divisible by three, is to secure that where, as will generally be the case, the councillors retire annually by thirds, the number of councillors retiring in any one ward shall be the same each year. Where there is an odd number of wards in the borough it will be necessary, having regard to the next sub-section, that the number of councillors assigned to each ward shall be divisible by six. 6 London Government Act, 1899. 62 & 63 Vict. Provisions for alterations in the wards and in the apportionment of c. 14. s. 2 councillors between them are contained in sect. 26. (2), n. The larger parishes in London have been divided into wards for the purpose of the election of vestrymen, under powers given by the Metropolis Management Acts (18 8c 19 Vict. c. 120, ss. 3, 4; 25 & 26 Vict. c. 102, s. 41) and the London County Council (General Powers) Acts, 1893 and 1895 (56 & 57 Vict. c. ccxxi. s. 15; 58 8c 59 Vict, c. cxxvii. s. 42). Such wards are in the great majority of cases co- terminous with wards into which such parishes have been divided for the purpose of the election of guardians, though there is no necessary connection between the wards for the two purposes. Formerly the power of dividing parishes into wards for the purpose of the election of guardians was in the Local Government Board exclusively (see 39 & 40 Vict. c. 61, s. 12); but county councils, including the London County Council, now have this power, concurrently, it seems, with the Local Government Board (see 56 & 57 Vict. c. 73, s. 60). (3.) The number of aldermen shall be one-sixth of the Dumber of councillors, and the total number of alder- men and councillors for each borough shall not exceed seventy. (4.) Except as otherwise provided by or under this 51 & 52 Vict. Act, the provisions of the Local Government Act, 1888, c - 41 - with respect to the chairman of the county council and the county aldermen respectively shall apply to the mayor and aldermen of a metropolitan borough respec- tively, and for this purpose references in that Act to the chairman of the county council and to county aldermen shall be construed as references to the mayor and alder- men of the borough. Note.— Mayor and Aldermen.-— The provisions of the Local Government Act, 1888 (51 8c 52 Vict. c. 41), with respect to the chairman of the county council and the county aldermen are chiefly contained in sects. 2 and 75 of that Act. Sect. 2 enacts that "the council of a county and the members thereof shall be constituted and elected and conduct their proceedings in like manner, and be in the like position in all respects, as the council of a borough divided into wards, subject nevertheless to the provisions of this Act, and in particular " to certain provisions contained in the section, which, so far as they relate to the chairman and county aldermen, will be referred to later. Sect. 75 provides that "for the purpose of the provisions of this Act with respect to county councils, and to the chairmen, members, committees, and officers of such councils, and otherwise for the purpose of carrying this Act into effect, the following portions of the Municipal Corporations Act, 1882 — namely, Part II., Part III., Part IV. (as amended by the Municipal Elections (Corrupt Practices) Act, 1884 1 ), sect. 124 in Part V., Part XII., Part XIII., the Second Schedule, Part II. and Part III. of the Third Schedule, and Part I. of the Eighth Schedule — shall, so far as the same are unrepealed and are consistent with the provisions of this Act, apply as if they were herein re-enacted with the enactments amending the same in such (1) The proper short title of this Act (47 & 48 Vict. c. 70) is the Municipal Elections (Corrupt and Illegal Practices) Act, 1S84. Mayor and Aldermen. 7 terms and with such modifications as are necessary to make them 62 & 63 Vict, applicable to the said councils and their chairmen, members, committees, c. 14, s. 2 and officers, and to the other provisions of this Act." The section (4), n. then contains a number of provisos modifying the provisions of the Municipal Corporations Act, 1SS2 (45 & 46 Vict. c. 50), in question. Several of these provisos are repealed and replaced by the County Councils Election Act, 1891 (54 & 55 Vict. c. 68). The only pro- visions of that Act that will have any application to the mayor and aldermen of a metropolitan borough relate to acceptance of office. It will be seen that, broadly speaking, the effect of the present sub-section is to apply to the mayor and aldermen of a metropolitan borough the provisions of the Municipal Corporations Act, 1882, with regard to the mayor and aldermen of a municipal borough, but to apply them, if the expression may be allowed, through the channel of the Local Government Act, 1888, and subject first to modifications introduced by that Act, and secondly, to modifications introduced by the present Act. The law that will thus apply to the mayor and aldermen of a metropolitan borough may now be discussed in detail. It has not been thought necessary to refer to the Local Government Act, 1888, in connection with each provision of the Municipal Corporations Act, 1882, quoted or cited, the applicability of those provisions to the chairman of a county council and the county aldermen having been once explained. Qualification of Mayor and Aldermen.— Sect. 1 4 of the Municipal Corporations Act, 1882, provides that "the aldermen shall be fit persons elected by the council," and that " a person shall not be qualified to be elected or to be an alderman unless he is a councillor or qualified to be a councillor." And sect. 15 (1) of the same Act provides that " the mayor shall be a fit person elected by the council from among the aldermen or councillors or persons qualified to be such." These provisions apply, mutatis ynutandis, to county aldermen and the chairman of a county council, and will apply accordingly to the mayor and aldermen of a metropolitan borough. It seems clear that any councillor of a metropolitan borough will be eligible for the office of alderman and any councillor or alderman for that of mayor. It should be observed in this connection that by sect. 14 (4) of the Municipal Corporations Act, 1S82, if a councillor is elected to and accepts the office of alderman he will thereby vacate his office of councillor. But it appears that a councillor or alderman elected to and accepting the office of mayor will not thereby vacate his existing office. There is some little difficulty as to the qualification for the office of mayor or alderman, where it is proposed to elect the mayor or an alderman from outside the council. In a municipal borough, as appears from the provisions of the Municipal Corporations Act, 1882, quoted above, the qualification for the office of mayor or alderman is the same as that for the office of councillor. To be qualified therefore a person must, under sect, n of that Act, 1 either (1) Be enrolled and entitled to be enrolled as a burgess of the borough : or (2) Being entitled to be so enrolled in all respects except that of (1) The section is very clumsily expressed, but its effect is that stated in the text. 8 London Government Act, 1899. 62 & 63 Vict, residence, be resident beyond seven miles but within fifteen miles of the c. 14, s. 2 borough, be entered on a separate non-resident list, and be possessed (4), n. of a certain property qualification. These provisions are extended to the qualification for the office of county councillor, and therefore for that of chairman of a county council or county alderman, with the substitution of county elector for burgess, subject to the provision that " a person shall be qualified to be an alderman or councillor who, though not qualified in manner provided by the Municipal Corporations Act, 1882, as applied by this Act, is a peer owning property in the county or is registered as a parliamentary voter in respect of the ownership of property of whatever tenure situate in the county "(51 Sc 52 Vict. c. 41, s. 2 (2 b) ) T and subject also to provisions with reference to persons qualified by entry on a non-resident list {lb. s. 75 (12)). The provisions as to the separate non-resident list and the qualifica- tion of persons entered on it have however no application to London (see lb. s. 77), and consequently need not be further referred to. It might possibly be argued that the effect of the legislation is to render the qualification required for the office of mayor or alderman of a metropolitan borough the same as the qualification that would be required for membership of the county council if the borough were a county. It is submitted, however, particularly having regard to the provision in sub-sect. (1) of the present section as to women, which would otherwise be superfluous (see Beresford Hope v. Sandhurst (1889), 23 Q^B. P. 79; 58 L. J. Q^B. 316; 61 L. T. 150; 37 W. R. 548 ; 53 J. P. 805), that there can be little doubt that the effect of the legislation is, broadly speaking, to extend the qualification for the office of councillor of a metropolitan borough to the offices of mayor and alderman. On this view of the matter, any person not disqualified who is a parochial elector of some parish within the borough or who has resided in the borough for the whole of the twelve months preceding the election will be eligible for election. A person qualified for election by residence will be qualified to retain office for his full term notwithstanding that he may have ceased to reside in the district. But a person qualified as a parochial elector but not by residence will cease to be qualified on ceasing to be a parochial elector. See post, pp. 21, 22. A question, however, arises with reference to a peer owning property in the borough. A peer in this position will not be thereby qualified for the office of councillor ; but it is submitted that as the office of alderman is expressly mentioned in sect. 2 (2) of the Local Government Act, 1888, he will be thereby qualified for the office of alderman of the borough. On the other hand, he will apparently not be thereby qualified for election as mayor from outside the council since that office is not expressly mentioned ; though if he were first elected alderman he might of course, subject to the question of his qualification for that office, be elected mayor. No similar question arises as to a person registered as a parliamentary voter in respect of the ownership of property, since such persons are parochial electors and consequently qualified for the office of councillor. By sect. 15 (2) of the Municipal Corporations Act, 1882, which will apply to a metropolitan borough, it is provided with reference to the mayor that " an outgoing alderman is eligible " ; and by sect. 37 of the same Act, which will apply to the mayor and aldermen of a metropolitan borough, it is provided that " a person ceasing to hold a corporate office shall, unless disqualified to hold the office, be re-eligible.'" Mayor and Aldermen, g It is submitted that these enactments are merely savings, which, as Cz x O3 Vict, applied to the mayor and aldermen of a metropolitan borough, will c. 14, 5. 2 prevent the fact that a person is an outgoing alderman from rendering (4), n. him ineligible for election as mayor or re-election as alderman, or the fact that a person is an out-going mayor from rendering him ineligible for re-election to that office. But it is no doubt arguable that they also actually qualify persons for election who would not otherwise be qualified. Disqualifications for Office of Mayor or Alderman. — By sub-sect. (5) of the present section, sect. 46 of the Local Government Act, 1894, which relates to disqualifications for office, and which is dealt with post, pp. 26-35, is extended to the offices of mayor and alderman. By sect. 12 of the Municipal Corporations Act, 1882, certain persons are disqualified for the office of councillor of a municipal borough, and by virtue of the provisions above mentioned as to the qualification for the office of mayor or alderman of a municipal borough the section extends to the office of alderman, and to some extent at all events to the office of mayor, in a municipal borough. And the section consequently applies in like manner to the offices of county alderman and chairman of a county council as well as to county councillors, subject to a provision whereby clerks in holy orders, and other ministers of religion, though disqualified by sect. 12 of the Act of 1882 for the office of councillor of a municipal borough, are not to be disqualified for the office of county councillor or county alderman. If, however, the opinion above expressed that the effect of the legislation is to render persons eligible for the office of councillor of a metropolitan borough eligible also for the office of mayor or alderman of such a borough is correct, it appears to follow that sect. 12 of the Act of 1882 will not apply to these offices; and this view is certainly supported by the provisions extending sect. 46 of the Local Government Act, 1894, to the offices in question. Sect. 39 of the Municipal Corporations Act, 1882, contains pro- visions as to the vacation of office by a mayor, alderman, or councillor of a municipal borough who becomes bankrupt or compounds with his creditors during his tenure of office, and as to his future disqualifica- tion for office. So far as regards bankruptcy these provisions seem to be practically superseded, if not impliedly repealed, by provisions in the Bankruptcy Acts, 1883 and 1890 (46 & 47 Vict. c. 52, ss. 32, 34; 53 & 54 Vict. c. 71, s. 9). So far as they are not repealed the pro- visions in question apply to the chairman, aldermen, and councillors of a county council. But it seems, in view of the provisions as to dis- qualification arising from bankruptcy or composition with creditors that will apply to the chairman and aldermen of a metropolitan borough by virtue of sub-sect. (5) of the present section (as to these provisions see post, pp. 26, 29), that sect. 39 will be inapplicable to these offices, or at least that its application to them will be of no practical importance. Certain other enactments relating to disqualification for office which will apply to the offices of mayor and alderman of a metropolitan borough are mentioned at p. 34, post. Consequences of Disqualification or Want of Quali- fication. W here a person not qualified or disqualified for tin- office is elected mayor or alderman of a metropolitan borough, his election may be set aside on petition (see post, p. 60). Where a person holding such an office becomes disqualified during iq London Government Act, 1899. 62 & 63 Vict, his tenure of office, he may be deprived of office by means of quo c. 14, s. 2 warranto proceedings. With reference to such proceedings, see (4), n. sec t. 225 of the Municipal Corporations Act, 1882, which applies to members of a county council (51 & 52 Vict. c. 41, s. 75), and will therefore apply to the mayor and aldermen of a metropolitan borough. By sub-sect. (7) of sect. 46 of the Local Government Act, 1894, which is applied to the mayor and aldermen of a metropolitan borough by sub-sect. (5) of the present section, and which is quoted and discussed in the note to that sub-section, it will be the duty of the council, when the mayor or an alderman becomes disqualified, to declare the office vacant in the manner thereby prescribed. It seems, however, that this provision will not apply where the mayor or alderman merely ceases to be qualified: see post, p. 34. By sub-sect. (8) of the same section, a person who acts in the office of mayor or alderman of a metropolitan borough when disqualified will be subject to a penalty recoverable summarily. Sect. 41 of the Municipal Corporations Act, 1882, provides that, •" if any person acts in a corporate office without having made the declaration " of acceptance of office required by the Act (as to this declaration, see post, pp. 14, 15), " or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, he shall for each offence be liable to a fine not exceeding fifty pounds, recoverable by action." This section extends to members of a county council, and will consequently extend for most purposes to the mayor and aldermen of a metropolitan borough ; though in view of the initial words of the present sub-section it is arguable that its operation in the case of a mayor or alderman acting when disqualified will be excluded by sect. 46 (8) of the Act of 1894. On this question see further sect. 33 of the Interpretation Act, 1889 (52 6c 53 \ ict. c. 63). The liability to penalties under sect. 41 ot the Act of 1882 remains, at all events if the disqualification or want of qualification continues, although it may be too late to take proceedings by election petition or otherwise to have the seat declared vacant. See De Souza v. Cobden [1891], 1 Ol B. 687 ; 60 L. J. Q^ B. 533 ; 65 L. T. 130 ; 39 W. R. 454; 55 J-P- 565- An action under the section must be brought within three months after the cause of action arose, and is subject to other special provisions (45 8c 46 Vict. c. 50, s. 224; and see Humpbriss v. Wormwood (1894), 64 L. J. Q^B. 437). And such an action can only be brought by a burgess of the borough ; or, where the action is brought under the section as applied to county councils, by a county elector (lb. ; 51 & 52 Vict. c. 41, s. 75). Whether in the case of an action under the section as applied to the mayor and aldermen of a metropolitan borough, the right to bring the action will be confined to county electors or will extend to any parochial elector of the borough, is not clear. By sect. 42 (i)'of the Municipal Corporations Act, 1882, which will apparently apply as regards the mayor and aldermen of a metro- politan borough, " the acts and proceedings of a person in possession of a corporate office, and acting therein, shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified." Election of Mayor. — The mayor of a metropolitan borough will be elected by the council (45 Q^_ B. 767 ; 63 L. J. Q^ B. 490: 70 L. T. 499, a member of the council of a municipal boroughwho was a candidate for the office of mayor, to which office a salary was attached by a Standing resolution of the council, was held to be prohibited from voting for himself by reason of sect. 22 (3) of the Municipal Corporations Act, 1882 which prohibits a member of the council of a municipal borough from voting on any matter in which he is pecuniarily interested. \\ liether the same result would have been arrived at had no salary been actually attached to the office, on the 12 London Government Act, 1899. 62 & 63 Vict, ground that the mayor might be granted remuneration in future, does c. 14, s. 2 not appear. Sect. 22 (3) of the .Municipal Corporations Act, 1882, (4), n. is not however generally applicable to the council of a metropolitan borough, nor is there any similar provision applicable to such a council. And it is submitted that the enactment cannot be regarded as applied by the present sub-section to the election of a mayor, and that there is therefore no reason why a member of a metropolitan council who is a candidate for the office of mayor should not vote for himself, even if a salary has already been attached to the post. By sect. 61 (4) of the Municipal Corporations Act, 18S2, which will apply to the election of a mayor of a metropolitan borough, " in case of equality of votes, the chairman, although not entitled to vote in the first instance, shall have the casting vote." In NeII\. Longbottom, ante p. 1 1, it was held that this provision does not prevent the chairman from being in general entitled to vote in the first instance, as well as to give a second or casting vote ; but that it is merely intended to secure the chairman a casting vote even though for some reason he may be disabled from voting in the first instance. Election of Aldermen. — The aldermen of a metropolitan borough will be elected by the council (45 & 46 Vict. c. 50, s. 14 (1) ); and under sect. 3(3)0!" the present Act, the ordinary day for their election will be November 9th, or, if that day is a Sunday, November 10th, but, under sect. 3 (1), some other date maybe fixed for the first election. The provisions that will apply if the election is not held on the appointed day have been referred to in connection with the election of mayor (ante, p. 11). The election must be held immediately after the election of the mayor (45 & 46 Vict. c. 50, s. 60 (2)). If the newly-elected mayor is present, and has duly accepted office, he will be entitled to take the chair and preside over the election of aldermen. If the election takes place before the newly-elected mayor has accepted office, the outgoing mayor will be entitled to preside, for his term of office continues till his successor has accepted office (see post, p. 16). If the newly-elected mayor has not accepted office, and the outgoing mayor is not present, or, as will be the case on the occasion of the first election, there is no outgoing mayor, the election must, in general, be presided over by a temporary chairman elected by the council, though there may possibly be cases where there will be a vice-chairman of the council entitled to preside : see post, p. 66. An outgoing alderman, though mayor elect, will not be entitled to vote (45 & 46 Vict. c. 50, s. 60 (3) ). This provision prevents the newly-elected mayor from voting in the first instance if he is an out- going alderman, even though he has made the required declaration of acceptance of office, and has thereupon taken the chair. See Hounsell v. Suttill (1887), 19 Q^B. D. 498 ; 56 L. J. Q^B. 502 ; 57 L. T. 102 ; 36 W. R. 127 ; 51 J. P. 440 ; Pease v. Louden [1899], 1 Q^ B. 386 ; 68 L. J. C^B. 239 ; 79 L. T. 672 ; 63 J. P. 56. In the last mentioned case an alderman, who in ordinary course would have gone out of office on November 9th, 1898, on the previous day sent to the town clerk a notice of resignation, together with the appropriate fine. But his office of alderman was not duly declared vacant. On November 9th he was elected mayor, took the chair, and voted as mayor in the election of aldermen. It was held that he remained an outgoing alderman, notwithstanding his inchoate resigna- tion, and that he was consequently not entitled to vote. By sect. 60 (6) of the Municipal Corporations Act, 1S82, which Mayor and Aldermen. i 5 will apply to the election of the aldermen of a metropolitan borough, 62 & 63 Vict, "in case of equality of votes, the chairman, although as an outgoing c. 14, s. 2 alderman or otherwise not entitled to vote in the first instance, shall (4), n. have the casting vote." This provision shows that in general the chairman will be entitled to vote in the first instance, and in case of an equality of votes will have a second or casting vote. See also Nell v. Longbottom, ante pp. 11, 12. As to the procedure at the election, the following provisions of sect. 60 of the .Municipal Corporations Act, 1883, will apply:— "(4) Every person entitled to vote may vote for any number of persons not exceeding the number of vacancies, by signing and person- ally delivering at the meeting to the chairman a voting paper containing the surnames and other names and places of abode and descriptions of the persons for whom he votes." '•(-) The chairman, as soon as all the voting papers have been delivered to him, shall openly produce and read them, or cause them to be read, and then deliver them to the town clerk to be kept for twelve months." " (7") The persons, not exceeding the number of vacancies, who have the greatest number of votes, shall be declared by the chairman to be, and thereupon shall be. elected." With regard to irregularities in the voting papers, the following points may be noticed. By sect. 241 of the Municipal Corporations Act, 1882, which will apply' to elections of aldermen of a metropolitan borough, "no mis- nomer or inaccurate description of any person, body corporate, or place ... in any . . . voting paper required by this Act, shall hinder the full operation of this Act with respect to that person, body corporate, or place, provided the description of that person, body corporate, or place be such as to be commonly understood." A voting paper at an election of aldermen is required to state the " surnames and other names "of the persons voted for. Recognised contractions of Christian names, such as Wm. for William, or Fredk. for Frederick, constitute a statement of a person's "other names" within this provision (see Reg. v. Bradley (1861), 3 E. 8c E. 634; 30 L. J. Q^B. 180; 3 L. T. 853 : Howes v. Turner (1876), 1 C. P. D. 670: 45 L. J. C. P. 550: 3^ L. T. 58: Henry v. Armitage (\%*i\ 12 Q^B. D. 257; 53 L. J. Q^B. in ; 50 L. T. 4 : 32 W. R. 192; 48 J. P. 424). The use of initials in place of Christian names is not a compliance with the requirement (see Mather v. Brown (1876), 1 C. P. D. 596; 4 5 I- J- ( '-- P- 547: 34 L. T. S69; 24 W. R. 736). But the defect would be cured, unless it were misleading, by sect. 241 (see Reg. v. Plenty (1869), L. R. 4 C^B. 346 ; 38 L. J. Ch_ B. 205; 20 L. T. 52O. Misspelling of the candidate's name it not misleading would be cured by sect. 241, and even apart from that section would apparently be immaterial (see Miller v. Everton (1895), 64 L. J. Q^B. 692: 72 L. T. 838; 59 J P- 35'). A complete omission of the description of the candidate would apparently vitiate the voting paper (see Reg. v. Tugwell ( 1868), L. R. 3 Q. B. 704; 37 L. J. Q^B. 275: r6 W. R. 1039; 9 B. &. S. 567), The candidate's place of abode is to be stated. By this his residence is meant, and it appears that a voting paper statin.- the candidate's place of business instead of his residence is bad. and that the defect would not be cured bv sect. 241 (see Reg. v. Deigbton (1844), 5 Q^ B. 896; 13 L. J. Q. B. 241: 8 Jur. 686; Reg. v. Hammond (1852), 17 Q±B. "2: 21 L.J. Q^B. [53; 16 Jur. 19 An inaccurate description of the candidate's true place of abode 14 London Government Act, 1899. 62 & 63 Vict, may be cured by sect. 241 (see Reg. v. Spratky (1856), 6 E. & B. c. 14, s. 2 363; 25 L. J. Q^B. 257; 2 Jur. (s.S.) 735; Cf.Reg.x. Gregory (1853), (4), n. 1 E. 6c. B. 600: 22 L. J. Q^B. 120: 17 Jur. 272). But that section will not render valid a voting paper describing a place which is not the candidate's place of abode (see Reg. v. Coward (1851), 16 Q^ B. 819; 20 L. J. Q^ B. 359; 15 Jur. 726; see also Reg. v. Deighton, Reg. v. Hammond, ante, p. 1 3). It must, however, be borne in mind that the great change in the spirit in which technical errors in proceedings are viewed by the Court renders it very possible that cases decided thirty or forty years ago in which technical irregularities have been held to vitiate elections, would not be followed or would be distinguished on very narrow grounds. Acceptance of Office. — Under sect. 34 of the Municipal Corporations Act, 1882, every qualified person elected to a corporate office, unless exempt under the section, or otherwise by law, is required to accept the office by making and subscribing a certain declaration within a certain time after notice of election, and if he does not so accept the office he becomes liable to pay to the council a fine. This provision applies to county aldermen and the chairman of a county council, and will consequently apply to the mayor and aldermen of a metropolitan borough, subject to the provision that a person shall not be liable to a fine for non-acceptance of office unless his consent has been obtained to his nomination (51 & 52 Vict. c. 41, s. 75 (16 c ) ; and see 54 & 55 Vict. c. 68, s. 5). The time within which office must be accepted, in the case, of the aldermen and mayor of a metropolitan borough, is by sub-sect. (7) of the present section to be the same as that allowed in the case of a councillor. The time within which a councillor will be required to accept office will doubtless be fixed by provisions in the Order of the Local Government Board under which elections of councillors will be held, adapting sect. 34 of the Municipal Corporations Act, 1882, to the acceptance of office by councillors. As to the power of the Local Government Board to make such an order, and thereby to adapt sect. 34 of the Act of 1882, see post, pp. 35, 36. Seeing that a person will not be liable to a fine for non-acceptance of the office of alderman or mayor of a metropolitan borough, unless he has consented to his nomination, the exemptions from compulsory service in corporate offices referred to in sect. 34 of the Act of 1882 are of little importance. They may however be mentioned. By the section itself the following persons are exempt : " Any person disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body ; and any person who, being above the age of sixty-five years, or having within five years before the day of his election either served the office or paid the fine for non-acceptance thereof, claims exemption within five days after notice of his election." By sect. 36 (3) of the same Act : " No person enabled by law to make an affirmation instead of taking an oath shall be liable to any fine for non-acceptance of office by reason of his refusal on conscientious grounds to take any oath or make any declaration required by this Act or to take on himself the duties of the office." By sect. 253 of the same Act : "Nothing in this Act shall compel the acceptance of any office or duty whatever in any borough by any military, naval, or marine officer in Her Majesty's service on full pay or half pay, or by any officer or other person employed and residing in Mayor and Aldermen. 15 any of Her Majesty's dockyards, victualling establishments, arsenals, 62 & 63 Vict. barracks, or other naval or military establishments. c. 14, s. 2 The following further exemptions from service in public offices (4). n. may be conveniently inserted at this point: — Apothecaries are exempt from service in the " offices of constable, scavenger, overseer of the poor, and all other parish, ward and leet offices" (6 & 7 W ill. cv M. c. 4, ss. 1,2^: commissioners and officers of customs, from service in any "corporate, parochial, or other public office" (39 8c 40 Vict. c. 36, s. 9 ) : dentists registered under the Dentists Act, 1878, from service in "all corporate, parochial, ward, hundred, and township offices" (41 & 42 Vict. e. 33, s. 30): factorv inspectors, from serviqe in any ••parochial or municipal office " (41 Vict. c. 16, s. 67): income tax commissioners certified under the Income Tax Act, 1842, from service in "all parish and ward offices within the parish or ward wherein such person shall dwell" (5 & 6 Vict. c. 35, s. 35 V: inland revenue commissioners and persons in their employ, from service as "mayor or sheriff or in any corporate or parochial or other public office or employment'" (53 & 54 Vict. c. 21. s. 8): medical practitioners registered under the Medical Act. 1S58, from service in "all corporate, parochial, ward, hundred and township offices" (21 & 22 Vict. c. 90, s. 35): "teachers or preachers" of dissenting congregations in certain cases, from service in tin- office of churchwarden, overseer, "or any other parochial or ward office, or other office in any hundred of any shire, city, town, parish, division, or wapentake" (1 Will. Sc M. c. 18, s. 8; 52 Geo. III. c. 155, s. 9; and see 34 8c 35 Vict. c. 48): persons in the army reserve, from service in " the office of constable, or any other parochial, township, or borough office" (45 8c 4 6 vict - c - 4 8 , s - 7) : persons in the militia (52 Geo. III. c. 38, s. 197: 45 & 4 6 vict - c - 49, s. 41). the royal naval volunteers (22 & 23 Vict. c. 40, s. 7"). and the royal naval coast volunteers (16 8c 17 Vict. c. 73- s - 8), from service as " peace officer or parish officer " : post office officials, from service in any " corporate or parochial or other public office or employment " (7 Will. IV. & 1 Vict. c. 33, s. 12) : registrars of births and deaths or of marriages, from service in " every parochial and corporate office whatever" (7 Will. IV. & 1 Vict. c. 22, s. 18): and Roman Catholic priests, from service in the office of " churchwarden, overseer of the poor, or any other parochial or ward office or other office, in any hundred of any shire, city, town, parish, division or wapentake" (31 Geo. III. c. 32, s. 8; 31 & 32 Vict.c. 72, s. 9; 34 & 35 Vict. c. 48 s ). The fine for non-acceptance of office, in those cases where it is payable will be a fine of such amount not exceeding in the case of an alderman, £50, and in the case of a mayor, £100, as the council by bye-law determine. If there is no bye-law the fine will, in the case of an alderman, be £25, and in the case of a mayor, £50. The fine will be recoverable summarily (45 & 46 Vict. c. 50, s. 34). Acceptance of office is to be effected by making and subscribing before two members of the council, the town clerk, a justice of the peace, or a commissioner to administer oaths, a declaration of accept- ance of office {lb. s. 35. 54 & 5 5 v 'ct. C. 68. s. 5). The following will be the form of such declaration (see 4; & 46 Vict. c. 50. Sched. VIII., Form A). " I, A. B., having been elected mayor [or alderman] for the hereby declare that I take the said office upon myself, and will duly and faithfully fulfil the duties thereof according to the best of my judgment and ability." A person elected to the office of mayor or alderman of a metro- 1 6 London Government Act, 1899. 62 & 63 Vict, politan borough must not act before he has made the declaration c. 14, s. 2 except in administering that declaration (45 & 46 Vict. c. so, s. 35). (4)> n - If he does act contrary to this provision he will incur liability to a fine (see ante, p. 15). It is expressly provided that non-acceptance of office creates a casual vacancy (45 33 W. R. 547 ; 49 J. P. 372). But the office does not become completely vacant until it has been declared vacant in accordance with sub-sect. (^2). See Pease v. Loivden, ante, p. 12. Casual Vacancies in Office of Mayor or Alderman. — The following provisions of the Municipal Corporations Act, 1882, will apply in the case of a casual vacancy in the office of mayor or alderman of a metropolitan borough : — By sect. 40 (1) "On a casual vacancy in a corporate office, an election shall be held by the same persons, and in the same manner as an election to fill an ordinary vacancy ; and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office." By sect. 66 " (1) On a casual vacancy in a corporate office, the election shall be held within fourteen days after notice in writing of Mayor and Aldcrnien. 17 the vacancy has been given to the mayor or town clerk by two 62 & 63 Vict burges ^ r "(2) \\ here the office vacant is that of mayor, the notice of the (4), n. meeting for the election shall he signed by the town clerk." "(3") In other cases the day of election shall be fixed by the mayor." For the purposes of its application to the mayor and aldermen of a municipal borough, " burgesses " in sect. 66 ( 1 ) must, it is submitted, be read " parochial electors." The sub-section does not appear to make it a condition precedent to the holding of the election that the notice referred to should have been given ; but only to limit the time within which the election must be held where such notice has been given. As to cases where the election is not held in due time, sec sect. 70 of the Act of 1882, quoted ante, p. 1 1. Vacation of Seat for Absence.— Under sub-sect. (6) of sect. 46 of the Local Government Act. 1S94, which is applied to the mayor and aldermen of a metropolitan borough by sub-sect. (5) of the present section, and is quoted and discussed in the note thereto, a mayor or alderman of a metropolitan borough who is absent from the meetings of the council for more than six months consecutively, except in case of illness or from some reason approved by the council, will vacate his office. If a county alderman is, except in -case of illness, continuously absent from the meetings for more than twelve months, " he shall thereupon immediately become disqualified and shall cease to hold the office ; " and in such case, he is liable to the same line as for non-acceptance of office, recoverable summarily, but the disqualifica- tion, as regards subsequent elections, ceases on his return (45 & 46 Vict c. 50, s. 39 (1. 4); 51 & 52 Vict. c. 41, s. 75 (14)). These provisions will perhaps be applicable to the aldermen of a metropolitan borough, though in view of sect. 46 (6) of the Local Government Act, 1894, they will be of little or no practical importance. Remuneration of Mayor.— By sect. 15 (4) of the Municipal Corporations Act, 1882, which will apply to the mayor of a metro- politan borough, the mayor " may receive such remuneration as the council think reasonable." Remuneration is frequently voted to the mayor of a municipal borough, not with the object of remunerating him personally for his services as mayor, but with the object of providing him with funds to meet expenditure upon hospitality, public celebrations, and the like, which the borough council could not lawfully defray directly out of the funds subject to their control. To some extent it is considered legitimate to vote remuneration to the mayor with this object ; but at present it seems impossible to draw a clear line between what is legitimate in this direction and what would be regarded as a mis- application of the borough fund. In A. G. v. Black bunt Corporation (1887), 57 L. 1 . 585, the cor- poration passed resolutions that a sum of £700 should be paid to the mayor by way of remuneration; and that the mayor should be re- quested to take such steps as he might deem proper for the due cele- bration of her Majesty's jubilee. It was held by Chitty, J. that the vote of remuneration to the mayor was legitimate. In A. G. v. Can/if Corporation [1894], 2 Ch. 337: 63 L. J. Ch. 557; 70 L. T. 591, the corporation in view of an approaching royal marriage voted that a sum of ^650 be added to the mayor's salary for C 1 8 London Government Act, 1899. 62 & 63 Vict, the current year ; this sum was paid into a separate banking account, c. 14, s. 2 and a sub-committee was appointed to arrange the details of the (4)> n - expenditure on the celebration of the marriage. Romer, J. refused to hold that, under the particular circumstances, the payment of the ,£650 was illegal. In the course of his judgment, he said : " It is clear that the corporation are not entitled to make a colourable addition to the mayor's salary merely that the addition may be applied in making pay- ments which would not be justified if those payments were made directly by the corporation . . . The corporation is undoubtedly entitled to make a reasonable addition to the mayor's salary if it be anticipated that in his year of office, by reason of the occurrence of some event of national importance, his expenditure as mayor in fes- tivities and so forth may be increased, and any resolutions bond fide passed increasing his salary in such a case could not be impeached. . . . Was the resolution in the present instance, increasing the salary by the sum of £650, passed bond fide ? 1 am bound to say that I have felt considerable doubt on this matter ... But, on the whole, I will, in this particular case, give the corporation the benefit of the doubt ... If payments are desired to be made which are not intended to be really a simple increase to a mayor's salary, they should not, in my opinion, be made by way of addition to the mayor's salary ; they ought to be made directly, so that they may be directly challenged if wrong and impeached. No addition should be made to the mayor's salary except it is intended merely for the purpose of the salary, so that the mayor may deal with it in any way he thinks fit as part of his salary." Mayor to be a Justice of the Peace.— The mayor of a metropolitan borough will be ex officio a justice of the peace for the county of London. See sect. 24 and the note thereto. (5.) Except as otherwise provided by or under this Act, the law relating to the constitution, election and proceedings of administrative vestries, and to the electors and members thereof, shall apply in the case of the borough councils under this Act and the electors and councillors thereof, and section forty-six of the Local 56 & 57 Vict. Government Act, 1894, relating to disqualifications shall c " 73" apply to the offices of mayor and alderman. Note— Law relating to Administrative Vestries. — The matters arising in connection with the present sub-section are dealt with in the ensuing note, which is necessarily lengthy, in the following order: — Electors (pp. 18-21): Qualification of Councillors (pp. 21- 26); Disqualifications (pp. 26-35); Election, etc. (pp. 35-45); Cor- ruption, etc., at Elections (pp. 45-60) ; Election Petitions (pp. 60-63) \ Agency at elections (pp. 63-65); Proceedings of Borough Council (pp. 65-69). Electors. — The electors of the councillors of a metropolitan borough will be in each ward such of the parochial electors of the parish or parishes in the borough as are registered in respect of qualifications within the ward. See sect 23 (3) of the Local Govern- ment Act, 1894 (56 & 57 Vict. c. 73), which is applied to the electors of metropolitan vestries by sect. 31(1) of that Act. The " parochial electors " of a parish are the persons registered in EUctovs. I j such portion either of the local government register of electors or of 62 & 63 Vict. the parliamentary register of electors as relates to the parish, c. 14. b. 2, including in the case of a parish in a parliamentary borough the (5) n. persons registered as parliamentary electors tor the county in respect of the ownership of any property in the parish. (See 56 & 57 Vict. c. 73, ss. 2 (i), 44, 75.) The expression "parliamentary register of electors" means "a register of persons entitled to vote at any parliamentary election"; and the expression " local government register of electors " means "as respects an administrative county in England or \\ ales other than a county borough, the county register, and as respects a county borough or other municipal borough the burgess roll" (---- & 5 j Vict. c. 63, s. 17). The " burgess roll " in a municipal borough is the authori- tative list of the persons enrolled as burgesses, who alone are entitled to vote at an election of borough councillors (see 45 & 46 Vict c. 50, ss. 9 (1), 4> (8), -i\ The county register for a county is similarly the authoritative list of persons entitled to vote at an election of county councillors: it includes the burgesses enrolled on the burgess rolls of the municipal boroughs in the county, if any. and persons registered as "county electors" for the remainder of the county (see 51 Vict. c. 10, ss. a, 3, 7; 54 & 55 Vict c. 68, s. 2). The statutes relating to the qualification and registration of electors are of great complexity, and it is beyond the scope of this work to discuss their provisions. A few observations as to different forms of qualification, and as to the effect of registration, may however be made. The existing administrative county of London, is wholly covered by parliamentary boroughs, and it contains no part of any municipal borough. The parochial electors of a parish in a parliamentary but not in a municipal borough are: — (i.) Persons registered as parliamentary electors for a parliamentary county in respect of ownership of property, whether of freehold, copy- hold, or leasehold tenure, in the parish. (ii.) Persons registered as parliamentary electors of the parliamentary borough in respect of the ten pounds' occupation qualification. This is a qualification in respect of the occupation as owner or tenant of some land or tenement of the clear yearly value of not less than /jo. (iii.) Persons registered as parliamentary electors of the parliamen- tary borough in respect of the "household qualification.'' This is a qualification in respect of the occupation as inhabitant occupier of a dwelling house or of some part of a house separately occupied as a dwelling. This head of qualification includes the so-called "service franchise." (iv.) Persons registered as parliamentary electors of the parliamen- tary borough in respect of the lodger qualification. This is a qualifi- cation in respect of the occupation as a lodger of lodgings of the clear yearly value, if let unfurnished, of £\o or upwards. (v.) Persons registered as county electors in respect of "the old burgess qualification." This is a qualification in respect of the occupa- tion as owner or tenant of a " house, warehouse, counting-house, shop. or other building." (vi.) Persons registered as county electors in respect of the ten pounds' occupation qualification. This qualification differs little from the corresponding parliamentary qualification. It is possible that under the provisions of the present Act as to boundaries places may be included in the administrative county o\ London that are not within a parliamentary borough. In such c 2 20 London Government Act, 1899. 62 & 63 Vict, places the parochial electors would be the persons registered as parlia- c. 14, s! 2 mentary electors for the parliamentary county, whether by virtue of (5), n. an ownership qualification or of an occupation qualification, and the persons registered as county electors. A few words may be added with reference to the qualification of women as parochial electors. Women are absolutely disqualified to be parliamentary electors (See Cborlton v. Lings (1868), L. R. 4 C. P. 374; 3» L. J. C. P. 25 ; 19 L. T. 534; 17 W. R. 284; 1 Hopw. & C. 1) ; and a woman possessed of a qualification such as would entitle a man to be regis- tered as a parliamentary elector, but not as a local government elector, is not entitled to be registered for the purpose of voting as a parochial elector (see Drax v. Ffooks [1896], 1 Q^ B. 238 ; 65 L. J. Q^ B. 270 ; 74 L. T. 43; 60 J. P. 214). Their sex does not disqualify them to be enrolled or to vote as burgesses or county electors, at all events in respect of the old burgess qualification (45 & 46 Vict. c. 50, s. 63); though whether a woman can be enrolled as a burgess or county elector in respect of the £10 occupation qualification is doubtful (see 51 Vict. c. 10, s. 3). Before the Local Government Act, 1894, however, marriage disqualified a woman for registration as a local government elector (see Reg. v. Harrald (1872) L. R. 7 Q^ B. 361 ; 41 L- J- Ql B. 173 i 26 L. T. 616 ; 20 W. R. 328). The disqualification thus entailed on a woman by marriage was removed by sect. 43 of the Local Government Act, 1894, for tne purposes of that Act, subject to the proviso that "a husband and wife shall not both be qualified in respect of the same property." Married women registered as parochial electors will consequently be able to vote at elections of councillors of a metro- politan borough; though it seems that they are still incapable of voting at elections of county councillors or of councillors of a municipal borough. As to the conclusiveness of the register of parochial electors, sect. 44 (1) of the Local Government Act, 1894, provides that any person whose name is not in the register of parochial electors for a parish, " shall not be entitled to attend a meeting or vote as a parochial elector, and any person whose name is in that register shall be entitled to attend a meeting and vote as a parochial elector unless prohibited from voting by this or any other Act of Parliament." In the case of a parliamentary election it is provided by sect. 7 ot the Ballot Act, 1872 (35 3c 36 Vict. c. 33), that every person en the register shall be entitled to vote; "provided that nothing in this section shall entitle any person to vote who is prohibited from voting by any statute, or by the common law of Parliament." It was held, in Stowe v. Jolltffe (Petersfield Petition) (No. 2) (1874), L. R- 9 C. P. 734; 43 L. J. C. P. 265; 30 L. T. 795; 22 W. R. 911, that this enactment renders the register conclusive for the purposes of a parliamentary election, except in the case of "persons who, from some inherent or for the time irremovable quality in themselves have not, either by prohibition of statutes or at common law, the status of parliamentary electors." At a parliamentary election, accordingly, the votes, not only of persons prohibited from voting by statutej but also of aliens, infants, women, &c, may be struck off, if the election is petitioned against, notwithstanding that such persons may by error be on the register. It may be, however, that sect. 44 (1) of the Local Government Act, 1894, renders the register conclusive for the purpose of elections under that Act (including elections of councillors of a metropolitan Electors. 21 borough) even in the case of persons, such as aliens and infants, v. have not the status of electors, and allows of its being questioned on . 1 \, 1. 2 petition only as regards persons prohibited from Toting by statute. a. Among persons prohibited by .statute from voting at such elections are persons guilty of certain offences against election law at parlia- mentary and other elections (see 46 ci: 47 Vict c. 51, ss. 4, 6 (3), io, 11, 36,37, 38 (5), 43 (4); 47 & 4* Vict c. 70, ss. 2 (2), 3, 7, 8 (a), 22, 23, 28 ( 4 ), j5, 36; 51 & 5a Vict c. 41. s. 7> j 56 & ': \ ict c. s. 48), persons employed for payment in connection with the election (see 47 & 48 Vict. c. 70, s. 13), and persons adjudged incapable of voting upon conviction under the Public Bodies Corrupt Practices Act, 1889 (52 & 53 Vict, c 69, s. 2). By sect. 14 of the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. (>i), it is provided that " do person shall be entitled to vote in the election of a guardian or in the election to an office under any statute who shall be in receipt of relief given to himself or his wife or child, or who shall have been in receipt of such relief on any day during the year last preceding such election. In the case of any person objected to on this ground a certificate from the clerk of the guardians under his hand shall be sufficient evidence of such person having received relief." It is doubtful, however, whether this provision amounts to a prohibition against voting by paupers within the meaning of sect. 44 of the Local Government Act, 1894. The receipt of relief during the qualifying period generally, it will be remembered, disqualifies the recipient for registration. Police constables, it may be mentioned, are not disqualified to vote at elections under the Local Government Act, 1S94, anc l vv ih" accord- ingly not be disqualified to vote at elections of councillors of a metro- politan borough. Under the Police Disabilities Removal Acts, 1887 and 1893 (50 Vict. c. 9 ; 56 & 57 Vict. c. 6), which removed the disabilities for voting at parliamentary and municipal elections formerly attaching to the police, constables on duty have special facilities for recording their votes at elections, including elections of councillors of a metropolitan borough and other elections under the Local Govern- ment Act, 1894. By sect. 44 (4) of the Local Government Act, 1S94, " nothing in any Act shall prevent a person, if duly qualified, from being registered in more than one register of parochial electors." Consequently a person duly qualified may be registered as a parochial elector not only in several different metropolitan boroughs, but also on the register of more than one parish in the same borough. \\ bether a person can claim in all cases to be registered in respect of two qualifications in the same parish, but in different wards of the metropolitan borough, is a question of great difficulty, owing to the state of inextricable confusion into which successive amendments in the law have brought the enactments relating to " double entry," as it is called, in lists of voters. As to voting in more than one ward of a borough, see sect. 48 (2, ii.) of the Local Government Act, 1S94, post, p. 36, and the observations with regard to that clause, post, P. 38. Qualification of Councillors.— By sect. 23 (2) of the Local Government Act, 1894, which applies primarily to urban district councillors, " a person shall not be qualified to be elected or to be a councillor unless he is a parochial elector of some parish within the district, or has during the whole of the twelve months preceding the election resided in the district." This provision is extended to vestry- 22 London Government Act, 1899. 62 & 63 Vict, men of a metropolitan vestry by sect. 31 (1) of the Act of 1894, ar >d c. 14, s. 2 will therefore apply to councillors of a metropolitan borough, with (5), n. the obvious verbal substitution of borough for district. It should be observed that if a person has resided in the borough for the necessary twelve months before election, the fact that he ceases to reside in the borough does not prevent his being entitled to remain in office for his full term. On the other hand, if he did not reside within the borough for that period, but was a parochial elector of some parish in the borough at the time of his election, he will cease to be entitled to retain his seat, if during his term of office he ceases to be a parochial elector of some parish within the borough, even though by that time he may have resided for twelve months in the borough and be therefore qualified for immediate re- election. It is doubtful whether the twelve months' residence should be reckoned from the last day for sending in nominations, or from the day of election properly so called. Some observations on the nature of a residential qualification may be useful. The meaning of the word reside and its derivatives cannot be stated with any great degree of exactness. In Rex v. North Curry Inhabi- tants (1825), 4 B. & C. 953, at p. 959; 7 D. & R. 424, Bayley, J., said that the word residence " where there is nothing to show that it is used in a more extensive sense, denotes the place where an individual eats, drinks, and sleeps, or where his family or his servants eat, drink, and sleep." The meaning put upon the expression in different statutes has, however, varied considerably according to the object and scope of the particular enactment in question. Residence for a certain " qualifying period " within given limits is required as a condition of certain electoral qualifications; and the decisions as to the meaning of residence in the Acts relating to such qualifications appear to be applicable with reference to residential quali- fications for membership of a local authority. See per Channell, J., in Stamford v. Williams, Loc. Govt. Chron. 1899, 467. The following passage in Elliott on Registration (2nd ed. p. 204), with regard to the meaning of residence in these Acts has more than once been referred to with approval (see Powell v. Guest (1864), 18 G. B. (n.s.) 72 ; 34 L. J. C. P. 69; 11 L. T. 599; 10 Jur. (N.s.) 1238; 13 W. R. 274; H. & P. 149; Bonds. St. George's, Hanover Square, Overseers (1870), L. R. 6 G. P. 312 ; 40 L. J. G. P. 47 ; 23 L. T. 494; 19 W. R. 101 ; 1 Hopw. & C. 427) : — "The rule upon this subject may perhaps be stated thus : that in order to constitute residence, a party must possess at the least a sleeping apartment; but that an uninterrupted abiding at such dwelling is not requisite. Absence, no matter how long, if there be the liberty of returning at any time, and no abandonment of the intention to return whenever it may suit the party's pleasure or convenience so to do, will not prevent a constructive legal residence. But if he has debarred himself of the liberty of returning to such dwelling by letting it, for a period however short, or has abandoned his intention of returning, he cannot any longer be said to have even a legal residence there." Subject to the general principles thus stated the question whether a person has resided in a given place during the qualifying period is mainly a question of fact, depending upon all the circumstances of the case. See Whithorn v. Thomas (1844), 7 Man. & G. 1; 8 Scott N. R. 783; 1 Lutw. Reg. Cas. 125; 14 L. J. G. P. 38 ; 8 Jur. 1008. A person may, it should be mentioned, have more than one Qualification oj Councillors. 23 residence. Whithorn v. Thomas : Bond v. St. George' s, Hanover Square, 62 & 63 Vict Overseers, ante, p. 22 ; Stamford v. Williams. post \ p. 24. c. 1 .;. A brief account of the decided cases is subjoined ; they are, (5), n. however, for the most part merely illustrations of the principles stated above. Certain Irish cases cited at p. 25, however, seem to indicate that the rule requires some modification or amplification with reference- to persons who sutler imprisonment during the qualifying period. In Whithorn v. Thomas, ante, p. 22. it appeared that A. resided with his wife and family at G., but paid yd, a week for the use of a bedroom and dark closet at T. where he slept twelve times during the course of six months; the revising barrister decided that A. had not resided during the six months at T., and the Court upheld the barrister's decision. It was held that a man's residence was broken where he was imprisoned for a crime in a gaol beyond the specified limits. Powell v. Guest, ante, p. 22. See also Donelly v. Graham; Conolly v. Riddall ; Martin v. Hanrahan : Charlton v. Morris; Hoi/and v. Hagan, post. p. 25 In Taylor v. St. Mary Abbott, Overseers (1870). L. K. 6 C. P. 309 ; 40 L. J. C. P. 45 ; 33 L. T. 493 ; 19W. R. 100; 1 Hopw. & C. 421 a man who was employed as attendant upon a gentleman and for whom lodgings were taken in the same house with the gentleman where he might and usually did sleep, but where he was not by his agreement bound to sleep, and who also had lodgings at C. where his family resided and where he could sleep at any time and did in fact sleep at least once a week, was held to have resided at C. In Bond V. St. George's, Hanover Square, Overseers, ante, p. 2 2, a man who occupied lodgings in a borough, separately and as sole tenant, during the qualifying period of twelve months, who also had a house in the country where lie kept an establishment of servants all the year round, and who, when in the borough, as he had been at intervals for two months out of the twelve, resided at such lodgings, was held to have had a sufficient residence in the borough. In Durant v. Carter (1873), L. R- 9 C. P. 261 ; 43 L. J. C. P. 17 ; 29 L. T. 681 ; 22 W. R. 158 ; 2 Hopw. & C. 142, an incumbent was held to have ceased to reside in his rectory where he obtained from the bishop a license for non-residence and went abroad, and a curate went to reside at the rectory under a licence to officiate which required him to reside there, it being admitted that the incumbent could not have returned to the rectory without providing some other residence for the curate. In Ford v. Pye (1873), L. R. 9 C. P. 269; 43 I.. J. C. P. 21 ; 29 L. T. 684; 22 W. R. 159 ; 2 Hopw. & C. 1 57, a clergyman who, under an arrangement with another clergyman, exchanged duties and residences with the latter for a time, for the purpose of obtaining relaxation and change of scene, was held to have broken his residence. In Fordx. Hart (1873), L- R 9 C. P. 273; 4 3 L. J. C. P. 24; 39 L. T. 685 ; 22 W. R. 159 ; 2 Hopw. & C. 167, an officer who, when on leave, resided with his mother, and who had no other home, was held to lose his constructive residence at her house when he was with his regiment, as he was then subject to the will of the Queen and had not the liberty of returning at his pleasure. In Ford v. Drew (1879), 5 G. P. D. 59; 49 L .J. C. P. 17a; 41 L. T. 478 ; 28 W. R. 137 ; Colt. 1, a man who had rooms kept for him in his father's house, was held to break his residence there by being absent in London serving under articles to a solicitor. In Beal v. Ford (1877), 3 C. P. D. 73 i 47 L. J. C. P. 56; 37 L. T. 408 ; 26 W. R. 146; 2 Hopw. & G. J74,« man who during the 24 London Government Act, 1899. 62 & 63 Vict,, qualifying period had in fact resided in a room in a cottage allotted to c. 14, s. 2 his wife's mother by the trustees of a charity was held to have resided (5), n. there within the meaning of the Reform Act, 1832 (2 Will. IV. c. 45, s. 33, now repealed), though his residence constituted a breach of the rules of the charity. In Beals. Exeter {town clerk") (1887), 20 Q^ B. D. 300 ; 57 L. J. Q^B. 128 ; 58 L. T. 407 ; 36 W. R. 507; 52 J. P. 501 ; 1 Fox, 31, it appeared that A. had a bedroom kept for his exclusive use in his father's house at E. ; that during the qualifying period he went to London in quest of employment, and, having obtained a temporary situation, remained there for two months and then returned to his father's house at E. ; and that he remained at E. three weeks and then went back to London, and, obtaining employment there, did not return to E. during the rest of the qualifying period. It was held that A. had not resided in E. during the qualifying period. In Barlow v. Smith (1892), 1 Fox, 293, a person was held not to have resided on premises which he occupied, and in which he spent a considerable time daily, except on Sundays, but in which he had slept only twice during the qualifying period on a temporary bed made up on chairs. In Stamford v. Williams, Loc. Govt. Chron., 1899, 467, decided with reference to the qualification of a member of a metropolitan vestry under the Local Government Act, 1894, it appeared that the member in question had during the whole of the twelve months preceding his election, though during that period he generally lived with his wife and family in a house elsewhere, been tenant of a room in a house in the parish belonging to one B. In the course of the twelve months he was away from the parish for the month of August, when the house was shut up, for two or three weeks in January, and at another time for a period of six weeks, during which he visited America. Except for these absences, he was in the habit of sleeping in the room two or three nights a week. He had a right to the exclusive use of the room during the whole of the twelve months, and did not on any occasion of his absence abandon the intention of resuming the use of the room. It was held that he had resided in the parish during the whole of the twelve months. In Reg. v. Exeter (mayor) (WestcomVs Case) (1868), L. R. 4 CL_B. no; 19 L. T. 397, arising on an enactment (5 & 6 Will. IV. c. 76, s. 9, now repealed) which required that to enjoy a certain electoral qualification a person should, during a certain period, have been an "inhabitant householder" within given limits, Blackburn, J., said: — " There is no strict or definite rule for ascertaining what is inhabitance or residence. The words have nearly the same meaning. . . . The question is whether there has been such a degree of inhabitance as to be, in substance and in common sense, a residence." In that case a person who commonly lived in London, but carried on business at E., where he kept offices and some rooms in which he had, during the qualifying period, stayed several times for several days together, was held to be an inhabitant householder at E. In Reg. v. Boycott (1866), 14 L. T. 599, an earlier case, arising under the same enactment, a man was held to be an inhabitant house- holder in respect of a house which formed his permanent home, and in which he kept up his establishment of servants, though, owing to fortuitious circumstances, he had slept elsewhere throughout the qualifying period. In Reg. v. Exeter (mayor) (Dipstales Case) (1868), L. R. 4 Q^B. 114; 19 L. T. 432, another case on the same enactment, the mayor Qualification of Councillors. 25 of a borough, acting as revising officer, held that A., who occupied c J2 \ 6 1 Vict. premises jointly with another, and had the exclusive use of a bed-room c. 14, in such premises, but habitually slept elsewhere, was not an inhabitant (5), n. householder in respect of those premises ; and the Court refused to reverse the mayor's decision on an affidavit that A. ••sometimes" slept at the premises in question. In order to enjoy the household qualification under the Representa- tion of the People Act, 1867 (50 cv: 31 Vict. c. 102, s. 3), a person must, during the qualifying period, have been the " inhabitant occupier, as owner or tenant," of a dwelling-house. Under this enactment it has been held that a man absent from his dwelling-house on military duty for a short time in the course of the qualifying period thereby loses the qualification, even though his family continue, during his absence, to reside at the dwelling-house in question. See Ford v. Barnes, Ford v. FJmsley (1885), 16 Q^ B. D. 254; 55 L. J. Q. B. 24; 53 L. T. 675 ; 50 J. P. 37 ; Colt. 396; Spinalis. Brook (1886), 18 Q^ B. D. 426 ; 56 L. J. Q^ B. 48 ; 56 L. T. 364; 35 W. R. 520; 1 Fox, 22; Donogbue v. Brook (1887), 57 L. J. Q^ B. 122 ; 58 L. T. 411 ; 1 fox, 100. Under the same enactment it was held in Tanner v. Carter, Banks v. Mansell (1885), 16 Q^ B. D. 231; 53 L. T. 663; 34 W. R. 41 ; 49 J. P. 790: Colt. 435; s. cc. nam. Tanner v. Castor, Banks v. Mansell, 55 L. J. Q^ B. 27, that the absence of undergraduates of Oxford and Cambridge from their rooms during the vacations, which comprise nearly six months in the year, and during which such undergraduates are not permitted to reside in their rooms, constituted a break in their residence, preventing their being qualilied as inhabitant occupiers in respect of their rooms. A number ot cases have arisen in Ireland as to the effect of imprisonment in breaking the occupation necessary under the enact- ment in question. It was held in Donelly v. Graham (1888), 24 L. R. Ir. 127, that imprisonment for a fortnight by way of punishment for a crime broke the occupation : and in Martin v. Hanraban (1888), 24 L. R. Ir. 127, it was held that the occupation was broken where a man was remanded to gaol for two days on a criminal charge, and upon being brought up again either pleaded guilty or was convicted, but was immediately discharged by the bench in the exercise of their discretion. On the other hand, in Conolly v. Riddall (1888), 24 L. R. Ir. 127, where a man was remanded to gaol for a week on a criminal charge, owing to his refusal to give bail, but was afterwards acquitted, it was held by the majority of the Court that the occupation was not broken. And this decision was followed by the majority of the Court in Charlton v. Morris [1895], 2 Ir. R. 541, where a man was remanded to gaol during the qualifying period, but had not been tried at the time when the lists were revised. In Hollands. Hagan [1895], 2 Ir. R. 551, a man was arrested and imprisoned. He was brought before a magistrate next day, and was convicted and sentenced to imprisonment for fourteen days, with the option of a line, whereupon he paid the line and was immediately discharged. It was held, on the ground that he had not been in prison for the whole of any one day, that his occupation was not broken. It may be observed that the House Occupiers Disqualification Removal Act, 1878 (41 Vict. c. 3); the .Municipal Voters Relief Act, 1885 (48 Vict. c. 9); and the Klectoral Disabilities Removal Act. 1891 (54 Vict. c. 11), which relieve against loss of certain electoral 26 London Government Act, 1899. 62 & 63 Vict, qualifications through a temporary breach of residence in certain c. 14, s. 2 cases, do not relieve against the loss of a residential qualification for (5), n. office. Disqualifications for Office.— The chief provisions as to disqualification for office that will apply to councillors of a metro- politan borough are those as to disqualifications of councillors of a county district contained in sect. 46 of the Local Government Act, 1894, which extends to members of metropolitan vestries by virtue of sub-sect. 9 of that section, whereby "this section shall apply in the case of any authority whose members are elected in accordance with this Act in like manner as if that authority were a district council." It applies also, by virtue of the last words of the present sub-section to the offices of mayor and alderman of a metropolitan borough. The section so far as it applies to councillors of a county district is as follows : — "(1.) A person shall be disqualified for being elected or being a member . . . of a council ... of a district other than a borough . . . ifhe— (a) is an infant or an alien ; or (b) has within twelve months before his election, or since his election, received union or parochial relief; or (r) has, within five years before his election or since his election, been convicted either on indictment or summarily of any crime, and sentenced to imprisonment with hard labour without the option of a fine, or to any greater punishment, and has not received a free pardon, or has, within or during the time aforesaid, been adjudged bankrupt or made a com- position or arrangement with his creditors ; or (d) holds any paid office under the . . . district council ... or (e) is concerned in any bargain or contract entered into with the council ... or participates in the profit of any such bargain or contract or of any work done under the authority of the council . . . "(2.) Provided that a person shall not be disqualified for being elected or being a member ... of any such council ... by reason of being interested — (a) in the sale or lease of any lands or in any loan of money to the council ... or in any contract with the council for the supply from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges, or in the transport of materials for the repair of roads or bridges in his own immediate neighbourhood ; or (b) in any newspaper in which any advertisement relating to the affairs of the council ... is inserted : or (r) in any contract with the council ... as a shareholder in any joint stock company ; but he shall not vote at any meeting of the council ... on any question in which such company are interested, except that in the case of a water company or other company established for the carrying on of works of a like public nature, this prohibition may be dispensed with by the county council. ******** " (4.) Where a person is disqualified by being adjudged bankrupt or making a composition or arrangement with his creditors, the dis- qualification shall cease, in case of bankruptcy, when the adjudication is annulled, or when he obtains his discharge with a certificate that his Disqualifications for Office, 27 bankruptcy was caused by misfortune without any misconduct on his 62 & 63 Vict. part, and, in case of composition or arrangement, on payment of his c. 14, s. 2 debts in full. (5), n. ******** "(6.) If a member of a council . . . of a district other than a borough ... is absent from meetings of the council . . . for more than six months consecutively, except in case of illness or for some- reason approved by the council . . . his office shall on the expiration of those months become vacant. "(7.) Where a member of a council . . . becomes disqualified for holding office, or vacates his seat for absence, the council . . . shall forthwith declare the office to be vacant, and signify the same by notice signed by three members and countersigned by the clerk of the council . . . and notified in such manner as the council . . . direct, and the office shall thereupon become vacant. " (8.) If any person acts when disqualified, or votes when prohibited under this section, he shall for each offence be liable on summary conviction to a fine not exceeding twenty pounds." Union or Parochial Relief. \\ ith regard to relief granted to married women and children, the Poor Law Amendment Act. 1834 (4 & 5 Will. IV. c. 76), contains the following enactments : — Sect. 56. " All relief given to or on account of the wife, or to or on account of any child or children under the age of sixteen, not being blind or deaf and dumb, shall be considered as given to the husband of such wife, or to the father of such child or children, as the case may be. . . ." Sect. 57. " Every man who from and after the passing of this Act shall marry a woman having a child or children at the time of such marriage, whether such child or children be legitimate or illegitimate, shall be liable to maintain such child or children as a part of his family, and shall be chargeable with all relief, or the cost price thereof, granted to or on account of such child or children until such child or children shall respectively attain the age of sixteen, or until the death of the mother of such child or children ; and such child or children shall, for the purposes of this Act, be deemed a part of such husband's family accordingly." Sect. 71. "Every child which shall be born a bastard after the passing of this Act shall have and follow the settlement of the mother of such child until such child shall attain the age of sixteen, or shall acquire a settlement in its own right, and such mother, so long as she shall be unmarried or a widow, shall be bound to maintain such child as a part of her family until such child shall attain the age of sixteen ; and all relief granted to such child while under the age of sixteen shall be considered as granted to such mother : Provided always, that such liability of such mother as aforesaid shall cease on the marriage of such child, if a female." In Reg. v. St. George, Bloomsbury, Oi-erseers (1863). 4 B. & S. 108 ; 32 L. J. M. G. 217 ; 11 W. R., a pauper settlement case, it was held, under sect. 56 of the Poor Law Amendment Act, 1834, above quoted, that the maintenance of a man's wife in a lunatic asylum was relief to him. But in Reg. v. St. Mary, Islington, Union (1862), 3 B. >Sc S. 46; 31 L. J. M. C. 233 ; 9 Jur. (n.s.) 155; 6 L. T. 606, another pauper settlement case, it was held that relief to a child over sixteen was not relief to the parent. The Elementary Education Act, 1S76 (39 & 40 Vict. c. 79, s. 10), provides that a parent of children whose school tees are paid by the guardians under that Act is not by reason of such payment to " be 28 London Government Art, 1S99. 62 & 63 Vict, deprived ot any franchise, right, or privilege, or be subject to any c. 14, s. 2 disability or disqualification." (5), n. The Vaccination Act of 1867 (30 & 31 Vict. c. 84, s. 26), provides that " the vaccination, or the surgical or medical assistance incident to the vaccination, of any person in a union or parish . . . performed or rendered by a public vaccinator, shall not be considered to be parochial relief, alms, or charitable allowance to such person or his parent, and no such person or his parent shall by reason thereof be deprived of any right or privilege, or be subject to any disability or disqualification." The Public Health (London) Act, 1S91 (54 & 55 Vict. c. 76, s. 80 (4) ), provides that " the admission of a person suffering from an infectious disease into any hospital provided by the metropolitan asylum managers, or the maintenance of any such person therein, shall not be considered to be parochial relief, alms, or charitable allowance to any person, or to the parent or husband of any person ; nor shall any person or his or her parent or husband be by reason thereof deprived of any right or privilege, or be subjected to any disability or disqualification." A similar provision is made as regards maintenance in a hospital provided under the Isolation Hospitals Act, 1893 (56 & 57 Vict. c. 68, s. 23). And there is a similar provision as to persons to whom assistance is rendered under the Cleansing of the Persons Act, 1897 (60 & 61 Vict. c. 31, s. 1). Under the Reform Act, 1832 (2 Will. IV. c. 45, s. 36), which disqualifies for the parliamentary franchise persons who have within a given period received parochial relief, it has been held that, though persons may be compelled to contribute towards the maintenance of their parents and grandparents, relief granted to a person's parents or grandparents does not disqualify such persons: Trotter v. Trevor (1862), 13 C. B. (N.S.) 48; K. & G. 531; 32 L.J. C.P. 59; 9 J"r. (n.s.) 443; 7 L. T. 678 ; 11 W. R. 92 ; cf. Reg. v. Ireland (1868), L. R. 3 Q^B. 130; 37 L. J. Q^B. 73; 17 L. T. 466; 16 W. R. 358; 9 B. & S. 19, decided on the 5 & 6 Will. IV. c. 76, s. 9, now repealed). Under the same Act it was held, at the trial of an election petition, that relief given to a child did not disqualify the child's grandparent with whom the child lived: Oldham election -petition (Cobbett v. Hibbert) (1869), 1 O'M. & H. 151, at p. 160; 20 L. T. 302, at p. 309. Cf. Reg. v. St. Maty, Islington, Union, ante, p. 27. In the same case, Blackburn, J., expressed an opinion that relief given by way of loan and duly repaid would not disqualify the recipient (lb. 1 O'M. 6c H. p. 161; 20 L. T. p. 309), but it is difficult to understand the grounds of this opinion. Excusal of payment of the poor rate on account of poverty under the Poor Relief Act, 1814 (54 Geo. IV. c. 170, s. 11), is not parochial relief within the meaning of the Reform Act (Masbiter v. Dunn (1848), 6 C. B. 30; 18 L. J. C. P. 13; 13 Jur. 194; s. c. nom. Masbiter v. Lancaster (town clerk), 2 Lutw. Reg. Cas. 112), though of course it would lead to the loss of any qualification depending upon the payment of the poor rate. In Magarrill v. Whitehaven. Overseers (1885), 16 Q^B. D. 242; 55 L. J. Q^B. 38; 53 L- T. 667; 34 W. R. 275; 49 J- P- 743! Colt. 448. employment during time of distress by guardians, where the pay was not commensurate with the work done, but with the wants of the person employed, was held to be parochial relief within the meaning of the last-mentioned Act. It may be observed that the Medical Relief Disqualification Removal Act, 1885 (48 & 49 Vict. c. 46), which provides that the receipt of Disqualifications for Office. 2 Sched. II., r. 64), quoted ante, p. 30, in Tomkins v. Jolliffe (1887), 51 J. V. 24-. where a contractor agreed with a local board to make alterations in certain gas fittings and employed a member of the board to erect the necessary scaffolding ; and it was decided accordingly that the latter thereby became dis- qualified for membership of the board. This decision was followed in the Court of Appeal in the subsequent case of Nutton v. Wilson (1889), 22 Q\ B. D. 744; 58 L. J. Q^ B. 443; 37 W. R. 522; 53 J. P. 644, on the same enactment where the circumstances were very similar. Cf. West v. Andrews (1822), 5 B. & Aid. 328 ; To-zvsey v. White (1826), 5 B. Sc C. 125 ; 7 D. & R. 810. In the earlier case of Le Feuvre v. Lankester, ante, p. 30, on the other hand, decided under sect. 28 of the Municipal Corporations Act, 1835 (5 & 6 Will. IV. c. 76), the material parts of which are set out ante, p. 30, it was held that a person who had sold some iron to a contractor to be used in the erection of railings which the contractor had agreed to erect for a borough council was not dis- qualified for membership of the council. With regard to the meaning of being " concerned " in a contract the following further cases may be referred to. In Hiinnings v. Williamson ( 1883^, 11 Q^B. D. 533 ; 52 L.J. 0^. B. 416; 49 L. T. 361; 32 W. R. 267; 48 J. P. 132, decided under a provision in the Metropolis Management Act, 1855 (18 & 19 Vict, c. 120, s. 54), now repealed, enacting that, in case any member of a 32 London Government Act, 1899. 62 & 63 Vict, metropolitan vestry should " in any manner be concerned or interested c. 14, s. 2 in any contract or work made with or executed for " such vestry, he (5), n. should cease to be a member thereof, a person who had lent money to a contractor for the purpose of enabling him to carry out a contract with a vestry, and had taken an assignment of the contract by way ot security for the loan, was held to be disqualified for membership of the vestry. In Cox v. Ambrose (1890", 60 L. J. Ch B. 114 ; 55 J. P. 23, decided under a section of the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 12), providing that " a person shall be disqualified for being elected and for being a councillor, if and while he . . . has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by, or on behalf of the council " of the borough, a person was held to be disqualified who had, in partnership with another, contracted with the council, but had dissolved the partnership and assigned the contracts to his former partner, remaining liable however, under the contracts and the bonds securing the due performance of the same, to the council, who were not parties to the assignment. The following cases may be referred to on the question as to what amounts to a " contract " within the meaning of the section. In Simpson v. Ready (1844), 12 M. & W. 736; 1 D. & L. 1024; 13 L. J. Ex. 193, a person was held to be disqualified for the office of councillor of a borough under the provisions of the Municipal Corporations Act, 1835 (5 & 6 Will. IV. c. 76, s. 28), already quoted, where a lease of certain premises had been granted by the council to a trustee for his benefit, there being no exception when that case was decided in favour of a person merely interested in a lease. In Woolley v. £^(1856), 1 H. & N. 307; 25 L. J. Ex. 251, under a local Act providing that no person should be capable of acting as a commissioner in the execution of the Act who should be interested in any contract for furnishing, supplying or selling any article, matter or thing to be employed or made use of for the purposes of the Act, it was held that a person who had contracted with the commissioners to sell them a plot of land to be used for the purposes of the Act was not disqualified from acting, though the conveyance had not been executed. In Nicholson v. Fields (1862), 7 H. & N. 810; 31 L. J. Ex. 233; 10 W. R. 304, under the Commissioners' Clauses Act, 1847 (10 & 11 Vict. c. 16, s. 9), which provided that "any person who at any time after his appointment or election as a commissioner shall ... be concerned or participate in any manner in any contract . . . under the authority of the " special Act incorporating the enactment, " shall thenceforth cease to be a commissioner," it was held that an invoice in the handwriting of the defendant, charging the commissioners for lime supplied to them on several occasions during four months, was evidence that the defendant was concerned, or had participated, in a contract with the commissioners. In Fletcher v. Hudson (1881), 7 Qj_ B. D. 611; 51 L. J. Q^ B. 48 ; 46 L. T. 125; 30 W. R. 349; 46 J. P. 372, under the above- quoted provisions of the Public Health Act, 1875 (38 & 39 Vict. c. 55, Sched. II. r. 64), it appeared that H. did work for a local board at the request of their surveyor, because the surveyor was unable to get the work done by any one else in the time, and delay would have occasioned great expense, that H . made no regular bargain as to the work, that he was paid some £10 for it, and that he made no profit out of the Disqualifications for Office. $5 transaction; and it was held that there was ample evidence that H. 62463 Vict was concerned in a contract with the board. c. 14, s. 2 In Nell v. Longbottom [1894], I 0^ B. 767 ; 63 L. J. Q^ B. 490; {$), n. 70 L. T. 499. under the provisions of the Municipal Corporations Act, 1882 (45 8c 46 Vict. c. 50, s. 12), already referred to, it appeared that one G. was appointed chemist to a municipal corporation, and that, in virtue of such appointment, he was entitled to supply goods in the way of his business to the police and the fire brigade. G. was afterwards elected a member of the town council, but did not resign his appointment as chemist to the corporation; and it appeared that on one occasion he hail, after his election, supplied four pennyworth of oil to a member of the fire brigade on behalf of the corporation. It was held that G. was disqualified. Saving for- medical practitioners. — The Infectious Disease (Notifica- tion) Act, 1889 (52 8c 53 Vict. c. 72, s. 11), provides that a payment made to any medical practitioner in pursuance of that Act shall not disqualify that practitioner for serving as member of the council of any county or borough, or as member of a sanitary authority, as guardian of a union, or in any municipal or parochial office. And there is a similar saving in the Public Health London Act, 1891 (54 8c 55 Vict. c. 76, s. 57), by which the Act of 1889 is repealed and replaced as regards London. It seems, however, that savings of this kind are superfluous, with reference to sect. 46 of the Local Government Act, 1894, arR l similar enactments, since the receipt of a statutory fee from a local authority is neither being concerned in a contract with the authority, nor participating in work done under the authority. Interest in lease. — It was held in Reg. v. Gaskarth (1880), 5 Q^B. D. 321 ; 49 L. J. Q^B. 509 ; 42 L. T. 688 ; 28 W. R. 596 ; 44 J. P. 507, on words in the Public Health Act, 1875 (3 8 & 39 Vict. c. 55, Sched. II. r. 64), precisely similar to those in the first part of sub- sect. (2, a) of sect. 46 of the Local Government Act, 1894, that the exception was not confined to the case of a lease to a local board but extended to a lease from the board : where accordingly a member of a local board took a sewage farm on lease from them, he was held to be entitled to continue to hold his seat on the board. The lease in question contained covenants on the lessee's part as to the disposal of sewage, &c, but it was held that these covenants were ancillary to the main object of the lease and that the lessee was therefore not disqualified by reason of having entered into the same. In Nell v. Longbottom, supra, which arose under the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50, s. 12), it was held that a member of a town council who let a building to the council for one day for the purposes of a polling-station, did not become disqualified, as the case came within the exception in favour of a lease of land. Interest in contract for transport of highway materials. — In Buckley v. Hanson (1898), 77 L. T. 664; 62 J. P. 119, proceedings were taken against a member of a rural district council who had contracted with the council for the transport of road materials in his own immediate neighbourhood, for a penalty under sect. 46 of the Highway Act. 1S35 (5 8c 6 Will. IV. c. 50), which imposes a penalty on a surveyor of high- ways interested in contracts of the kind without obtaining a licence from justices. It was held that the councillor could not be convicted. The Court gave no reason for their decision, but it seems sufficiently obvious that, although a rural district council in their corporate capacity act in the office of highway surveyor, an individual councillor is not a highway surveyor. Vacation of seat for absence.— In Richardson v. Methley School Board D 34 London Government Act, 1899. 62 & 63 Vict. [1893], 3 Ch. 510 ; 62 L. J. Ch. 943 ; 69 L. T. 308 ; 42 W. R. 27, c. 14, s. 2 which arose under an enactment in the Elementary Education Act, (5), n. 1870 (33 & 34 Vict. c. 75, sched. II., Pt. 1, r. 14), providing that a member of a school board shall cease to be a member if he " absents himself during six successive months from all meetings of the board, except from temporary illness or other cause to be approved by the board," it was held that the school board could not treat a seat as vacant on account of the continuous absence of a member without giving him an opportunity of explaining his absence. In that case a member had been present, sitting among the public, at a meeting for a quarter of an hour, during which time several reso- lutions were passed, on which, however, he did not vote, and the minutes, signed by the chairman, described him as having been present but as having "remained neutral" on the questions arising; and Kekewich, J., expressed the opinion that this was sufficient to prevent his losing his seat, though " a member of the board cannot save his position by merely looking in casually and taking no part in the proceedings, and being present only a few minutes out of a long meeting. What is sufficient attendance must be decided according to the circumstances of each particular case." Disqualifications under other statutes. — The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51, ss. 4, 6 (3), 38 (5), 43 (4)), and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70, ss. 2, 3, 8 (2), 23, 28 (4), 35, 36, and see 51 & 52 Vict. c. 41, s. 75 ; 56 & 57 Vict. c. 73, s. 48), disqualify persons found guilty of various offences against election law at parliamentary and other elections for any " public office ; " and define the expression " public office " in terms that will include membership of the council of a metropolitan borough (see 46 & 47 Vict. c. 51, s. 64; 47 & 48 Vict. c. 70, s. 34). The Public Bodies Corrupt Practices Act, 1889 (52 8c 53 Vict, c. 69, s. 2), provides that a person convicted under that Act may be adjudged incapable of holding a " public office," and defines the expression "public office" in terms that will include membership of the council of a metropolitan borough. By sect. 88 of the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), persons are prohibited from voting as members of a local authority or any committee thereof upon any question arising under Parts I. or II. of that Act which relates to premises in which they are beneficially interested. Vacation of office upon disqualification. — It is submitted that sub- sect. (7) of sect. 46 of the Local Government Act, 1894, does not extend to a case where a member of an authority merely ceases to hold the necessary qualification for the office, but that it is confined to cases where such a person becomes positively disqualified under the section or some such enactment as those above referred to. See sects. 3 (8) and 79 (8) of that Act, in the former of which clauses " ceasing to be qualified " and " becoming disqualified " are mentioned as if they were different things, and in the latter of which clauses " want of qualification " can hardly include positive disqualification. See also Harford v. Linskey [1899], 1 Q^ B. 852 ; 68 L. J. Q^ B. 599 ; 80 L. T. 417; 63 J. P. 263, where Wright J. in the course of his judgment distinguishes between disqualification and want of qualifica- tion. At the same time in Stamford v. Williams, Loc. Govt. Chron. (1899), 467, it seems to have been assumed that sect. 46 (8) of the Act of 1894, applies where there is a mere want of qualification; but the point was not raised, and counsel for the respondent, who, as the Disqualifications for Office. writer understands, was prepared to argue the point, was stopped at 62 & 6t Vict an early stage of his argument. c " S J It seems that where a member of an authority to which the above (5), n. section applies becomes disqualified for his office, or vacates his seat for absence, the office must be properly declared vacant under sub- sect. (7) before an election can be held to till the vacancy; and that an attempt on the part of the member who has become disqualified. or has vacated his seat for absence, to resign his office will be inopera- tive, and will not obviate the necessity of declaring the office vacant. See Hardwick v. Brown (1S73), L. R. 8 C. 1'. 406 ; 2S L. T. 502 ■ 21 \\ . R. 639; Reg. v. IVelchpool Corporation (1876), 35 L. T. 594. Penalty.— In Lewis v. Carr (1876), 1 Ex. D. 484; 46 L. J. Ex. 314; 36 L.T. 44; 24 \V. R. 940, which arose under the provisions of tlie Municipal Corporations Act. [835(5 & 6 Will. IV. c 76,8. 28), quoted above, and another section of the same Act (lb . s. 53),' which provided that if any person should act as councillor after he should have " become disqualified " he should forfeit the sum of ,£50, it was held that no penalty was incurred by a councillor, who entered into a contract with his council, in respect of acts done by him as councillor after the contract had come to an end. In Cbarleswortb v. Rudgard (1834), 1 C. M. & R. 498; 4 Tyr. s- 24 ; 4 L. J. Ex. 89, a member of an authority speaking at a meeting as a member but not voting was held to " act " as a member in a case arising under a local Act imposing a penalty on members of an authority who should act in matters in which they were interested. A person disqualified at the time of his election and continuing to be so disqualified will be liable to penalties under sub-sect. (8), although the time within which his election may be questioned by petition is gone by. See De Souza v. Cobden [1891], 1 Q. B 6S7 • 60 L. J. C\B. 533; 65 L.T. 130; 39 W. R. 454; 55 J. PT 565. ' In Runnings v. Williamson, ante, p. 31, the fact that a member of a metropolitan vestry had signed the attendance book and had attended a meeting at which business was transacted was held to be evidence that he had acted as a member. It seems to be open to any person to proceed for penalties under sub-sect. (8) (see Reg. v. Stewart [1896J, 1 Q_. B. 300 : 65 L. J. M. C. 83; 74 L. T. 54; 44 \\ . R. 368; 60 J. P. 356); but the person taking the proceedings is not entitled to any part of the penalty. It is submitted that sub-sect. (8) applies only in the case of a positive disqualification for office and not where there is a mere want of qualification: see the observations on sub-sect. (7) supra. Consequences of Disqualification or Want of Quali- fication. — As to the consequences of disqualification or want of qualification, see further the note to sub-sect. (2), ante, pp. 9, 10. Election, etc. — The principal enactments that will apply to the election of councillors of a metropolitan borough are sects! 23 (4, 5), 3 1 (1), and 4 S of the Local Government Act, 1894, and the enactments referred to in those sections. By sect. 23 (4, 5), which sub-sections apply primarily to elections of urban district councillors, "each elector may give one vote and no more for each of any number of persons not exceeding the number to be elected," and "the election shall, subject to the provisions of this Act, be conducted according to rules framed under this Act by the Local Government Hoard." These provisions are extended to members of elective vestries in London bv sect. 31 (1), which provides D 2 36 London Government Act, 1899. 62 & 63 Vict, that "the provisions of this Act . . . with respect to the qualifications c. 14. s. 2 of the electors of urban district councillors . . . and with respect to (5), n. ' the mode of conducting the election, shall apply as if members of . . . the vestries elected under the Metropolis Management Acts, 1855 to 1890, or any Act amending those Acts . . . were urban district councillors. . . . Provided that the Elections (Hours of Poll) Act, 1885, shall apply to elections to the said vestries." The Elections (Hours of Poll) Act, 1885 (48 Vict. c. 10), merely requires the poll to be kept open from 8 a.m. to 8 p.m. and no longer. Sect. 48 of the Act of 1894, with the omission of such parts as have clearly no application to elections of members of a metropolitan vestry, is as follows : — " (2.) Rules framed under this Act by the Local Government Board in relation to elections shall, notwithstanding anything in any other Act, have effect as if enacted in this Act, and shall provide, amongst other things : — (i.) for every candidate being nominated in writing by two parochial electors as proposer and seconder and no more ; (ii.) for preventing an elector at an election for a union or for a district not a borough from subscribing a nomination paper or voting in more than one parish or other area in the union or district ; (iv.) for fixing or enabling the county council to fix the day of the poll . . .; (v.) for the polls at elections held at the same date and in the same area being taken together, except where this is im- practicable ; (vi.) for the appointment of returning officers for the elections. "(3.) At every election regulated by rules framed under this Act, the. poll shall be taken by ballot, and the Ballot Act, 1872, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, and sections seventy-four and seventy-five and Part IV. of the Municipal Corporations Act, 1882, as amended by the last-mentioned Act (in- cluding the penal provisions of those Acts) shall, subject to adapta- tions, alterations, and exceptions made by such rules, apply in like manner as in the case of a municipal election. Provided that— (a) section six of the Ballot Act, 1872, shall apply in the case of such elections, and the returning officer may, in addition to using the schools and public rooms therein referred to free of charge, for taking the poll, use the same, free of charge, for hearing objections to nomination papers and for counting votes ; and (b) section thirty-seven of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, shall apply as if the election were an election mentioned in the First Schedule to that Act. "(4.) The provisions of the Municipal Corporations Act, 1882, and the enactments amending the same, with respect to the expenses of elections of councillors of a borough, and to the acceptance of office, resignation, re-eligibility of holders of office, and the filling of casual vacancies, and section fifty-six of that Act, shall, subject to the adaptations, alterations, and exceptions made by the said rules, apply in the case ... of members ... of a vestry under the Metropolis Elections. 37 Management Acts, 1S55 to 1S90, and any Act amending the same. 62 & 63 Vict Provided that — c. 14, s. 2 (5). »• (b) nothing in the enactments applied by this section shall authorise or require a returning officer to hold an election to fill a casual vacancy which occurs within six months before the ordinary day of retirement from the office in which the vacancy occurs, anil the vacancy shall be filled at the next ordinary election. ******** "(5.) If any difficulty arises as respects the election of any in- dividual . . . member of any such . . . vestry as aforesaid . . . and there is no provision for holding another election, the county council may order a new election to be held and give such directions as may be necessary for the purpose of holding the election. " (6.) Any ballot boxes, fittings, and compartments provided by or belonging to any public authority, for any election (whether parlia- mentary, county council, municipal, school board, or other , shall, on request, and if not required for immediate use by the said authority, be lent to the returning officer for an election under this Act, upon such conditions and either free of charge or, except in the prescribed cases, for such reasonable charge as may be prescribed. " (7.) The expenses of any election under this Act shall not exceed the scale fixed by the county council, and if at the beginning of one month before the first election under this Act a county council have- not framed any such scale for their county, the Local Government Board may frame a scale for the county, and the scale so framed shall apply to the first election, and shall have effect as if it had been made by the county council, but shall not be alterable until after the first election." ******** It will be observed that the rules framed under this section by t he- Local Government Board are to have effect "as if enacted in this Act." This provision prevents any question being raised as to whether the rules framed by the Board are intra vires. See Institute of Patent Agents v. Lockwood [1S94J, A - C- 347 | 63 L. J. P. C. 74 ; 71 L. T. 205. The rules framed by the Local Government Board for the election of members of metropolitan vestries at present in force are contained in an order of the Board dated .March 25, iSyS, entitled the Vestry- men and Auditors (London; Election Order, 1898. The Board will no doubt issue an order expressly dealing with elections of councillors under the present Act, before such elections are held, and it has therefore been thought unnecessary to include the above-mentioned Order of 1898 in the present work. Since, however, the new election Order will in all probability closely follow the Order of 1898, some general account of its provisions may be given. The Order deals not only with elections of vestrymen, but also with elections of auditors and of members of the Local Hoard of Woolwich. LTader the present Act auditors will no longer be elected, and Woolwich is to be a metropolitan borough. After reciting provisions of the Local Government Act, 1894, relating to the elections with which it deals, the Order provides that, subject to any directions which may be given by tiie Local Government Board, and until the Board otherwise orders, the rules in the Order shall apply to and be observed in connection with 3S London Government Act, 1899. 62~& 63 Vict, the elections to which the Order relates ; and contains a series c. 14, s. 2 of rules forming the body of the Order, a schedule of times for (5), n. the proceedings "at elections, a schedule of forms, and three other schedules setting out modified versions of enactments mentioned in sect. 48 of the Local Government Act, 1894, and applied to the elections in question. The provisions that the rules in question shall apply " subject to any directions which may be given by " the Local Government Board is important, as it reserves to the Board a power of dispensing in an informal manner with the requirements of the Order in any particular case. The rules in the body of the Order are 33 in number. Rule 1 contains provisions as to returning officers and their deputies. In general the clerk of the vestry is to be the returning officer. Rules 2-6 are concerned with the nomination of candidates. These rules carry out the requirements in sect. 48 (2, i) of the Local Government Act', 1894, by providing that each candidate is to be nominated in writing by two parochial electors of the parish or ward for which an election is held. They further provide that a parochial elector is not to sign a nomination paper for more than oneward in the parish, thus showing that the Local Government Board interpret sect. 48 (2, ii) of the Act of 1894 as applying to elections of vestrymen. Whether this interpretation of the clause is right is immaterial, since the rules, as has been mentioned, have statutory force. Rule 7 provides for the publication of a statement as to the persons nominated. Rule 8 provides for the withdrawal of candidates. Under this rule candidates cannot withdraw later than a certain time before the day of election. . . Rule 9 consists in an adaptation of sect. 56 of the Municipal Corporations Act, 1882 to the elections in question. It provides that if the number of candidates who are duly nominated and have not withdrawn exceeds the number of persons to be elected, the vestrymen are to be elected from among those candidates, and that if the number of candidates duly nominated as reduced by any withdrawals does not exceed the number of persons to be elected, the candidates nominated shall be deemed to be elected. It also provides for the continuance in office of outgoing vestrymen, where there are no candidates, or where the number of candidates is less than that of vacancies. Rule 10 provides that polls for the election of vestrymen and of auditors shall be taken together. Rules 11 and 12 are concerned with the division of the parish or ward into polling districts, and with the determination of the number and situation of the polling places and polling stations. Rule 12, it may be mentioned, prohibits the use as polling stations of premises licensed for the sale of intoxicating liquor. Rule 1 3 provides for public notice of the poll. Rule 14 provides for the appointment of presiding officers for the purpose of the poll. Rule 15 deals with the provision of certain polling requisites. Rule 16 deals with the appointment of polling agents by the candidates. It limits the number of polling agents that may be appointed to a certain small number, varying according to the number of candidates, for each polling station, and thus makes it practically necessary for candidates to arrange among themselves for the appoint- ment of one or two polling agents to protect the interests of a large number of candidates. Of course this is practically done by the Elections. 39 appointment of one or two polling agents for each station to protect f >2 & 63 Vict, the interests of each party. L - '4i s. 2 Rule 17 prescribes the questions that may be put to an elector on (5), n. his presenting himself to vote. Rule iS deals with the counting of the votes. Rule 19 provides for cases where there is an equality of votes between candidates. Rules 20 and 21 deal with the publication of the result of the poll, and of the result of the election. Rule 22 deals with cases where casual vacancies are filled at an ordinary election, providing, to put it shortly, that the successful candidates polling the smallest number of votes shall be deemed to be elected to till the casual vacancies. The necessity for determining which of the candidates are to be deemed to fill the casual vacancies arises from the fact that the persons elected to fill these vacancies hold office for less than the full period. The provision meets the difficulty that arose in Rowley v. Reg. (1844) 6Q^B. 668 ; 14 L. J. Q^B. 62 ; 8 Jur. 1170, and Reg. v. Rippon (1876), 1Q.B.D. 217; 45 L- J- CKB. 188; 34 L. T. 444; 24 \\ . R. 363. In this connection it maybe observed that sect. 10 of the Metropolis Management Act, 1855, which provides that, at an election of vestrymen, as many vestrymen are to be elected as there are vacancies, whether such vacancies be occasioned by expiration of the term of office or by death or otherwise, is not expressly repealed. Further, as to the provisions of the Order dealing with casual vacancies, see the quotation from rule 24, infra, and see a\so post, p. 42. Rule 23 deals with the application of the Ballot Act, 1872 (35 & 36 Vict. c. 33), to the elections in question. It provides that "the provisions of the Ballot Act, 1872, which, with adaptations and altera- tions, are set out in the third schedule to this Order, and only such provisions of that Act, shall, subject to such adaptations and alterations and to the provisions of this Order, apply to the elections of vestrymen and auditors in like manner as in the case of a municipal election." Further, with regard to the application of the Ballot Act, see post, p. 40. Rule 24 is concerned with the application of portions ot the Municipal Corporations Act, 1882, to the elections in question. Clause (1) of the rule provides that: '-The provisions of sections 74 and 75 of the Municipal Corporations Act. 1882, which, with adaptations and alterations, are set out in the fourth schedule to this Order, shall, subject to such adaptations and alterations, apply to the elections of vestrymen and auditors; and such of the pro- visions of that Act as relate to the acceptance of office, resignation, re-eligibility of holders of office, and filling of casual vacancies, and are. with adaptations and alterations, set out in the fifth schedule to this Order, shall, subject to such adaptations and alterations, apply to the election of vestrymen and to the persons elected or deemed to be re- elected thereat." Clause (2) of the rule provides that: "In the application of Part IV. of the Municipal Corporations Act, 1SS2 [relating to corrupt practices and election petitions), as amended by the Municipal Elections (Corrupt anil Illegal Practices) Act, 1884, the following adaptations and alterations shall have effect:—" The clause then prescribes certain modifications and alterations in Part IV. of the Act of 1882, chiefly of a purely formal character. Further as to the application of the Municipal Corporations Act, 1S82, to the elections in question, see post, pp. 41, 42. 40 London Government Act, 1899. 62 & 63 Vict. Rule 25 deals with the application of the Municipal Elections c, 14, s. 2 ' (Corrupt and Illegal Practices) Act, 1884, to the elections in question. (5), n. It provides that: "In the application of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, the following adaptations and alterations shall have effect " :— Then follow several clauses containing the adaptations and alterations referred to, which are chiefly of a formal character. Further as to the Act, see post, p. 42. Rule 26 deals with the expenses of the election. It provides that : " Any sum which may be payable to the returning officer in respect of his services in the conduct of the election, or in respect of expenses incurred in relation to the election, shall be defrayed by order of the vestry out of the poor rate of the parish." See further as to the ex- penses of elections, post, p. 42. Rule 27 contains provisions as to the application of the Order where a parish is divided into wards. Rule 28 applies the Order to elections of the Woolwich Local Board. Rule 29 prescribes the manner in which notices under the Order are to be published. Rule 30 provides that in place of any signature required by the Order it shall be sufficient for the signatory to affix his mark if the same is witnessed by two parochial electors. Rule 31 contains a saving for a notice or nomination paper con- taining a misnomer or an inaccurate description of a person or place. Rule 32 defines "vestry clerk," "day of election," and "ordinary election." Rule 3 3 provides for the adaptation of forms in the case of an election other than an ordinary election. The first schedule to the Order contains tables of the times for the proceedings at elections. The second schedule contains forms for nomination papers and various notices and other documents. The third schedule contains the modified version of certain provisions of the Ballot Act, 1872, mentioned in rule 23 of the body of the Order above quoted and thereby applied to the elections under the Order. The portions of the Ballot Act, set out with modifications in the schedule are, in whole or in part, sects. 2, 3, 4, 6, 8, 9, 10, 11, 12, 13, 24, and 28; rules 15, 17, 18, 20-43, 47-55, in t he finrt schedule ; and certain forms in the second schedule. The numbering of the sections, schedules, and rules in the original Ballot Act is retained. This plan of dealing with the Act has advantages, but it renders citation of the provisions applicable to elections of metropolitan vestrymen exceedingly cumbrous. For example: "Rule 26 of the first schedule to the 'Ballot Act, 1872, as set out with adaptations in the third schedule to the Vestrymen and Auditors (London) Election Order, 1898," seems as short a way of accurately describing the clause containing the provisions applicable to voting by illiterate voters at an election of metropolitan vestrymen as can be devised. The provisions of the Ballot Act, 1872, applied to the elections in question include in substance all the provisions of the Act applicable to a municipal election with the exception of a portion of sect. 1 of the Act dealing with cases where a candidate dies after the time for the withdrawal of candidates has elapsed but before the poll. The portion of the section in question seems to have been generally regarded as in- applicable to a municipal election, until in Reg v. Stewart, [1898] 1 Q^B. 552; 78 L. T. 256; 62 J. P. 229; S. C. nom. JVestacott v. Stewart, 67 L. J. Q^ B. 421 ; 46 W. R. 379, decided very shortly Elections. 4 1 before the issue of the order, it was held, somewhat unexpectedly, 62 & 63 Vict that it applies to a municipal election. In view of this decision it seems c. 14, 5. 2 very possible that the part of the section in question will be included (5', n. in any future election order issued by the Local Government Board. The adaptations introduced into the ballot Act for the purposes of its application to the elections in question are mainly of a formal character; though there are one or two substantive alterations of some importance. The fourth schedule to the Order contains the modified version of sects. 74 and 75 of the Municipal Corporations Act, iSSj. referred to in rule 24 (1) of the body of the order. Sect. -4 provides for the punishment of offences connected with nomination papers, such as the forgery of a nomination paper. Sect. 75 imposes a penalty on a returning officer or deputy returning officer who neglects or refuses to conduct or declare the election in accordance with the Act of 1S94 and the Order. The fifth schedule to the Order contains modified versions of the provisions of the Municipal Corporations Act, 1882, with respect to the acceptance of office, resignation, re-eligibility of holders of office, and filling of casual vacancies referred to in rule 24 (O of the body of the order. In this schedule the original numbering of the sections of the Act of 18S2 is retained, but the order of the sections is varied. The sections of the Act included are: sects. 34, 35, 239 and 41 dealing with the acceptance of office; sect. 36 dealing with resignation; sect. 37 dealing with the re-eligibility of office holders; and sects. 40 and 66 dealing with casual vacancies. Sect. 34, as adapted, requires every person elected to the office of vestryman, unless exempt, to accept office by making and signing a declaration in a prescribed form within one month after notice of being elected, or in lieu thereof to pay a fine. It further provides, however, that a person who has been nominated and elected without his consent to his nomination having been previously obtained, shall not be liable to the fine. This provision, which does not occur in the section in its original form, renders the obligation to accept office of little importance. The section, as adapted, further provides, inter alia, that if a person is elected vestryman for more than one ward, he shall not accept office for more than one ward. This provision, coupled with a provision in sect. 40 (3) as adapted, that non-accep- tance of office creates a casual vacancy, appears to supersede the provisions in sect. 39 of the Metropolis Management (Amendment) Act, 1862, as to cases where a person is elected vestryman for more than one ward ; but that section is not expressly repealed. Sect. 35, as adapted, prescribes the form of declaration of acceptance of office ; provides for the persons before whom it is to be made : and prohibits a person elected from acting in office before he has made the declaration. Sect. 239, as adapted, gives the persons before whom the declaration is to be made power to receive it, and provides for the transmission of the declaration to the clerk to the vestry in certain cases. Sect. 41, as adapted, imposes a penalty on a person acting in office before making the required declaration. Sect. 36, as adapted, enables a vestryman to resign his office on pay- ment of the fine provided for non-aceptance thereof. As to the resignation of office, reference may be made to the cases cited ante p. 16, in connection with the resignation of the mayor and aldermen. Sect. 37, as adapted, provides that "a person ceasing to hold the office of vestryman shall, unless disqualified to hold the office, be re- 42 London Government Act, 1899. 62 & 63 Vict, eligible." This is doubtless intended as a mere saving to prevent its c. 14, s. 2 being supposed that an outgoing vestryman is ineligible for a further (5), n. term of office ; but it is capable of being read as rendering an out- going vestryman eligible for re-election even though he has not the qualification necessary in ordinary cases. Sect. 40, as adapted, provides that " on a casual vacancy in the office of vestryman, an election shall be held in accordance with the Vestrymen and Auditors (London) Election Order, 1898; and the person elected shall hold the office until the time when the person in whose place he is elected would regularly have gone out of office, and he shall then go out of office"; the section further provides for cases where two or more casual vacancies are filled at one election, and provides that non-acceptance of office creates a casual vacancy. Sect. 66, as adapted, provides that " on a casual vacancy in the office of vestryman, the election shall be held within one month after notice in writing of the vacancy has been given to the chairman of the vestry or to the clerk by two vestrymen. The day of election shall be fixed by the clerk to the vestry " ; and the section also contains a repetition in terms of sect. 48 (4 b) of the Local Government Act, 1894. The provisions of sect. 66, as adapted, with reference to the time within which an election to fill a casual vacancy is to be held, give rise to some difficulty in cases where the vestrymen refrain from giving notice of the occurrence of a casual vacancy. In such cases it is doubtful whether the clerk to the vestry has power to proceed to the election, and, if he has the power, whether it is his duty to proceed to the election. The writer is not aware whether this difficulty has actually arisen with reference to vestrymen ; but it has arisen not in- frequently in reference to district councillors, to whom similar pro- visions are applicable, the councillors frequently refraining from giving notice of a casual vacancy on the council, with the object of sparing the district the expense and trouble of a special election. The diffi- culty does not practically arise under the section in its original form ; since in its original form it provides for the notice being given by any two burgesses ; so that, if there is any desire on the part of those interested that there should be an election, persons can always be found to give the notice. Clause (b) of sect. 48 (4) of the Local Government Act, 1894, which is repeated in sect. 66 of the Act of 1882, as adapted, is am- biguous. The Local Government Board at first expressed the opinion that the clause applied whenever a casual vacancy occurred within six months before an ordinary election. But the law officers of the Crown have since advised that it applies only where the person whose death or retirement causes the casual vacancy, would himself have gone out of office at that election. But even if the person whose death or retirement causes a casual vacancy would not have retired in ordinary course at the next election, rule 23 of the Order, quoted above, renders it unnecessary to hold a special election to fill the vacancy if the ordinary election will be held within the time prescribed in ordinary course for filling casual vacancies. Expenses of Elections. — The provisions as to the expenses of elections of the London vestrymen are in a very unsatisfactory state. Under sect. 48 (4) of the Local Government Act, 1894, the rules to be framed for such elections are to apply to the provisions of the Municipal Corporations Act, 1882, and the amending Acts as to the expenses of elections. Elections. 43 The provisions alluded to appear to be those in sect. 140 and 62 & 63 Vict the fifth schedule, Part II (1) of the Act of 1882, whereby thee. 14, s. 2 borough fund is made applicable to, and is charged with, the payment (5)1 "• inter alia of the expenses incurred by the town clerk and other municipal authorities in relation to the holding of municipal elections. There is, however, no provision in the Order of 1898 above referred to, which contains the rules regulating elections of metropolitan vestrymen, purporting to apply these provisions of the Act of 1882 to the expenses of such elections. By rule 26 of the Order of 1898, however, it is provided that "any sum which may be payable to the returning officer in respect of his services in the conduct of the election, or in respect of expenses incurred in relation to the election, shall be defrayed by order of the vestry out of the poor rate of the parish.'' And this is the only provision in any sense providing for the payment of the expenses in question. It is to be observed that the rule does not contemplate that the vestry should themselves directly defray any expenses in relation to the election ; but that these expenses should be defrayed by the returning officer, and that he should be repaid out of the poor rate under order of the vestry. It is also contemplated that he should be paid some remuneration for his services in addition to the expenses he incurs. And, no doubt, there must be some implied right in the returning officer to be repaid his expenses properly incurred in the matter and to be paid some remuneration. By sect. 48 (7) of the Local Government Act, 1894, the expenses of an election under that Act are not to exceed the scale fixed under that sub-section. The London County Council have fixed two scales under this sub-section for the purpose of elections of vestrymen, one dealing with ordinary elections, the other with elections to fill casual vacancies. No doubt, the County Council may very possibly frame new scales with reference to elections of borough councillors, but if they do not the scales already framed will, it seems, apply to these elections. The scale fixed by the London County Council with reference to ordinary elections of vestrymen is as follows : — "Scale of Expenses fixed by the London County Council under section 48 (7) of the Local Government Act, 1894, to be allowed to returning officers in relation to the holding of the first general election and of subsequent annual elections of Vestrymen under the provisions of the said Act. " Contested Ward Elections. 1. For hire of rooms or buildings for polling or expenses attending the use of such rooms or buildings. " Note. — The amount to be paid in respect of the use of any school receiving a grant out of moneys provided by Parliament or out of a local rate by way of expenses for the use of such school should not exceed 21 s. in the season when heating as well as lighting is required, and 15J. in the season when hatting is not required. 2. For fitting up a polling station Actual cost. Actual cost. 44 London Government Act, 1899. 62 & 63 Vict. c. 14. s. 2 (5), n. 3. For each ballot box (whether purchased or hired) "Note. — No ballot box must be purchased or hired if there are a sufficient number in the possession of the parochial authorities. ' 4. For printing and providing ballot papers, per thousand. " 5. For stationery at each polling station. "6. For each stamping instrument "7. For copies of the register "8. For each presiding officer (to include all expenses) "9. For each clerk at a polling station (to include all expenses) "10. For every person employed in counting votes (to include all expenses) "11. For conveyance of ballot boxes 12. General fee for conducting the election, pre- paring and publishing all notices, preparing and supplying nomination papers, distri- buting, filling up, verifying, and adjudicating on same, conducting poll, declaring result and making return, to include all expenses for professional and other assistance, travel- ling expenses, and all other costs, charges, and expenses whatsoever incurred in and about the conduct of the election, save and except the items for which special provision has been hereinbefore made. " Note. — In the case of an undivided parish or of a parish divided into only tzvo wards a general fee not exceeding £25 may, if the remuneration according to this scale appear to the Vestry inadequate, be paid to the return- ing officer. " Uncontested Ward Elections. "A general fee to include all costs, charges and expenses whatsoever incurred in and about the conduct of the election. "Note. — The word 'ward' in the foregoing scale includes any othet electoral area for the election of guardians, e g., a parish or place, or group of parishes and places." ' Actual cost. Not exceeding 1 js. 6d. when not more than six names, and is. 6d. for every additional name. Not exceeding $s. 6d. Actual cost. The sums payable by statute for the necessary copies. Not exceeding £2 IOJ. Not exceeding £1. 2s. per hour. is. per mile, with a minimum of 2s. for each polling station. At the first election {of the whole body). Not exceeding £& for each contested ward, and an ad- ditional £1 for every 500 regis- tered electors or fraction thereof above 2000 in each contested ward. At an election of one- third of the body. Not exceeding £"j for each contested ward, and an ad- ditional £1 for every 500 regis- tered electors or fraction thereof above 2000 in each contested ward. Not exceeding £4. for each uncon- tested ward. (1). This note appears to have been inserted in error, no reference to the expenses of elections of guardians. The scale has Elections. 45 The scale for elections to fill casual vacancies differs from the above 62 & 63 Vict, scale practically only with reference to the amount of the fees under c 14. ■> - heads 8 and 12 in the first part of the scale, and the amount of the fees (5), n. payable under the second part of the scale. It will be observed that the scale is framed in somewhat misleading language. In the heading it is described as a scale of expenses to be allowed to returning officers, and while some of the items describe the sum allowed as not exceeding a specified sum. the language used with reference to other items suggests that the sums to be allowed under those items are absolutely fixed by the scale. The power of the County Council is however merely to fix a scale, which the expenses are not to exceed. And consequently the scale must be read throughout as fixing the maximum allowance only. There is no provision for the taxation of the payments to be made to the returning officer within the maximum fixed by the scale. And if there is any dispute as to the payment to be made to the returning officer, the amount must apparently be determined in legal proceedings by the returning officer as in an action upon a quantum meruit. Under the order of 1898, the returning officer would apparently in the event of a dispute have to proceed against the vestry by way of mandamus; but very probably the order regulating elections of councillors of a metropolitan borough may require the council themselves to pay the sums payable to the returning officer, and thus enable him in case of dispute to bring an ordinary action against the council. Of course in practice the returning officer is almost always paid in accordance with the scale fixed under sect. 48 (7) of the Local Government Act, 1894, as if that scale absolutely fixed the sums payable to him, instead of merely fixing a maximum that these sums are not to exceed. Corruption at Elections : Election Petitions. Among the enactments which, subject to prescribed adaptations, are applied In- sect. 4S of the Local Government Act, 1894, to elections under that Act, and which will consequently apply in like manner to elections of the councillors of a metropolitan borough are Part IV. of the .Municipal Corporations Act, 1SS2, and the Municipal Elections (Corrupt and Illegal Practices) Act, 1884. The same enactments apply to members of a county council, in- cluding the chairman and county aldermen (51 <5c 52 Vict. c. 41. s. 75, and see Ex parte Walker (1889), 22 Q^B. D. 384; 58 L. J.Q^B. 190; 60 L. T. 581; 37 W. R. 293; 53 J. P. 260); and will consequently apply to the mayor and aldermen of a metropolitan borough. In their application to elections of the councillors of a metropolitan borough, the enactments will of course be subject to adaptations pre- scribed by the Local Government Board : but it seems likely that such adaptations will be mainly of a formal character. Part IV. of the Municipal Corporations Act, 1882, so far as it is unrepealed, relates almost exclusively to the manner in which an election may be questioned by petition, and to the procedure in con- nection with election petitions. The Municipal Elections (Corrupt and Illegal Practices) Act, 1SS4 (47 & 4.8 Vict. c. 70), besides amending the provisions of Part IV. of the Municipal Corporations Act. [88a, as to election petitions, contains most elaborate ami stringent provisions intended to guard against corruption at elections. In the first place, the Act imposes penalties for acts of corruption in the ordinary sense of the term, such as bribery and intimidation. Secondly, it forbids various practices in 46 London Government Act, 1899. 62 & 63 Vict, connection with elections, which, though not in themselves necessarily c 14, s. 2 other than innocent, afford a convenient cloak for corruption, such as (5), n. payment of electors other than regular advertising agents for the exhibition of election placards. The consequences of offences against the Act are very complicated, but broadly they are these:— In the first place a person guilty of an offence against the Act is subjected to penalties ranging from fine to a long term of imprisonment, and also to loss of capacity for holding public office or voting at elections. Secondly, a vote tainted by such an offence will, if the election is petitioned against, be struck off as void. Thirdly, where the offence has been committed by a person for whose acts a candidate at the election, upon the peculiar principles of election law, is responsible, the candidate, if the election is petitioned against, will in most cases forfeit his seat if he was successful, and will also in some cases become subject to certain incapacities to hold office. Lastly, if offences of the kind have been very prevalent in connection with an election, the election may be set aside, although the responsibility is not brought home to the candidate, and though it is not shown with certainty that the result of the election was affected by tainted votes. It will be apparent from what has been said that it is practically essential for any person who proposes to take active steps in promoting his own or any other person's candidature at an election to which the Act of 1884 applies, to familiarize himself with the provisions of the Act which define the various forms of corruption provided against by the Act, and which impose restrictions on the steps that may lawfully be taken in furtherance of a person's candidature. These portions of the Act are dealt with somewhat fully in the ensuing pages. On the other hand it has not been thought necessary, in such a work as the present, to deal in any detail with the consequences entailed by an infringement of the Act, or to discuss at length the law relating to election petitions. It will be noticed that the Act of 1 8 8 4 constantly refers to candidates' agents. The doctrine of agency in connection with elections is briefly discussed, post, p. 63. Corrupt Practices. — The more serious offences in connection with elections are called " corrupt practices." By sect. 2 (1) of the Act of 1884, "The expression 'corrupt prac- tice ' in this Act means any of the following offences, namely, treating, undue influence, bribery, and personation as defined by the enactments set forth in Part I. of the 3rd schedule to this Act, and aiding, abetting, counselling, and procuring the commission of the offence of persona- tion." Treating. — The definition of " treating " thus incorporated with the Act is taken from sect. 1 of the Corrupt and Illegal Practices Preven- tion Act, 1883 (46 & 47 Vict. c. 51), and is as follows :— " Any person who corruptly by himself or by any other person, either before, during, or after an election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or pro- viding any meat, drink, entertainment, or provision to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at the election, or on account of such person or any other person having voted or refrained from voting, or being about to vote or refrain from voting at such election, shall be guilty of treating. "And every elector who corruptly accepts or takes any such meat. drink, entertainment, or provision, shall also be guilty of treating." This section is practically a re-enactment of the corresponding Corruption x 18 Vict O2 & 03 Viet. c. 102, s. 4), with this important difference, that it makes corrupt c. 14, s. 2 treating by any person whomsoever a corrupt practice, while the 5), n. earlier enactment was confined to treating by a candidate, either directly, or through other persons on his behalf. The word " corruptly " governs the whole section, and means, as Blackburn J. said in the North Norfolk Petition (Colntan v. IWdpole) (1869), 1 O'M. & H. 236, at p. 242 ; 21 L. T. 264, merely "with the object and intention of doing that thing which the statute intended to forbid." See also Bevldley Petition (St urge- v. Class) (1869), 1 O'M. & H. 16, at p. 19 ; 19 L. T. 676; Wallingford Petition (Dilke v. Vickers) (1869), 1 O'M. 6c H. 57 ; 19 L- T. 766; Staleybridge Petition {Ogden V. Sidebottom) (1869), 1 O'M. & H. 66, at p. 73! s - c - 2 ° L. T. 75 ; Tamivorth Petition {Hill v. Peel) (1869), 1 O'M. St H. 75, at p. 82; s. c. 20 L. T. 181 ; Louth Petition {Kirk v. Callan) (1880), 3 O'M. & H. 161; St. Georges Petition (Benn v. Marks) (1896) 5 O'M. Sc H. 89, at pp. 98, 100. With regard to the nature of the offence. Cave. J. said in the Norwich Petition (Birkbeck V. Bullard) (1886). 4 O'M. & H. 84, at p. 91 ; s. c. 54 L. T. 625 : " In my judgment the statute does not apply to that form of treating which exists occasionally between social equals, where first the one treats and then the other treats, and which is only one form of ordinary hospitality. Neither does it apply to certain kinds of treating which exist in relation to business matters ; it is not at all uncommon for persons when they have struck a bargain to cement it with a little drink, and it is obvious that the treating referred to in sect. 1 of the Act has no reference to treating of that sort. It applies in my judgment to that sort of treating which exists where the superior treats his inferior, the treating which gives the treater influence over the person treated, and secures to the former the good will of the latter ; not, however, to all cases of this kind does the corrupt treating spoken of in the Act apply. It does not apply where the treating is in return for small services, as where a man may treat a railway guard or porter, or he may treat his own servants; nor does it apply where the object is to acquire general good will. It must have reference to some election, and it must be for the purpose of influencing the vote of the person treated. What the object is in each particular case must depend upon the circumstances of the case." The following are some of the most recent cases in which questions as to treating have arisen : In the Aylesbury Petition (Charsley v. Rothschild) (1886)4 O'M. & H. 59, a sitting member, who had just announced himself as a candidate for the ensuing election, gave an entertainment called a school treat, which was attended by over 7000 persons, and at which wine, tea, and cake were provided in tents, tickets for admission to which were distributed without reference to political considerations. It appeared that it had been the custom for some years previously to hold similar school treats. On the occasion in question, the number of persons present was considerably greater than it had been before, but that circum- stance was accounted for in various ways. It was held that there was no " corrupt " intention on the part of the candidate, and that he had therefore not been guilty of treating. In the Hexham Petition (Hudspeth v. Clayton) (iS92\ 4 O'M. & H. 143, the treasurer of a political association who expended sums in defraying expenses of picnics given by local political associations, was held to have been guilty of treating. In the Rochester Petition (Barry v. Dai'ies) (1S92), 4 O'M. & H. 48 London Government Act, 1899. 62 & 63 Vici. 156, it was held to amount to treating, where refreshments were c. 14, s. 2 supplied at a conversazione under circumstances that the Court (5), n. thought showed an intention to influence the election. In the Southampton Petition {Austin v. Cbamberlayne) (1895), 5 O'M. & H. 17, it was proved that on the polling day what was called a procession, consisting of a number of costermongers' carts, accom- panied the candidate's carriage through some of the principal streets of the town for about two hours, and that a good deal of drinking went on among the persons forming part of the procession. It was held that it was not to be inferred that there had been treating: though, Bruce, J., said : " there may be circumstances in which drinking may raise a presumption that there must have been treating." In the Lancaster Petition {Bradshaiu v. Foster) (1896), 5 O'M. & H. 39, at p. 42, it was proved that smoking concerts had from time to time been given by the Conservative Association, at which the candidate's election agent and other persons had presided, and that at such entertainments the chairman had ordered drinks all round for the persons attending the concert. It was held that this was not treating. In the Haggerston Petition {Cremer v. Low/es) (1896) 5 O'M. & H. 68, at p. 72, a candidate, on the occasion of his birthday, on which occasion there was evidence that he was accustomed to give charity, there being exceptional distress in the constituency, caused a large number of his visiting cards, counterstamped by the manager of a place of refreshment, to be distributed in the constituency, arranging that each of the cards should be accepted by the manager as entitling the person presenting it to food to the extent of 6d. While this was being done a person, who was held to be the candidate's agent, wrote a letter to a newspaper calling attention to the fact that " the Unionist candidate," naming him, had arranged for the distribution of these tickets. The judges differed as to whether any offence had been committed, Wright, J., being of opinion that the agent's letter was written with a corrupt intention, and therefore that the candidate had been guilty by his agent of a corrupt practice ; but whether that corrupt practice was bribery or treating he did not decide. Bruce, J., however, held that there was no corrupt intention either on the part of the candidate or his agent, and therefore that no offence had been committed. Undue iyifluence. — The definition of" undue influence," incorporated with the Act of 1884, is contained in sect. 2 of the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), and is as follows : — " Every person who shall directly or indirectly, by himself or by any other person on his behalf, make use of or threaten to make use of any force, violence, or restraint, or inflict or threaten to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting at any election, or who shall by abduction, duress, or any fraudulent device or contrivance impede or prevent the free exercise of the franchise of any elector, or shall thereby compel, induce, or prevail upon any elector either to give or to refrain from giving his vote at any election, shall be guilty of undue influence." This definition is a re-enactment in but slightly altered language of the earlier definition contained in the Corrupt Practices Prevention Act, 1854 ( J 7 & iS Vict. c. 102, s. 5); the words "temporal or Corruption at Elections, o>r. 49 spiritual " are new, but do not seem to effect any material alteration 62 & 63 Vict. in the law. m c. 14, s. 2 The definition includes influence exercised by landlords over their (5), n. tenants by threats of eviction (see North Norfolk Petition (Colman v. Walpole) (1869), 1 O'M. & H. 236, per Blackburn, J., at p. 241 ; 21 L. T. 264; Windsor Petition {Herbert v. Gardiner) (1874), 2 O'M. & H. 88 ; 31 L. T. 133), by employers over persons employed by them by threats of dismissal (see Westbury Petition (Laverton v. Pbipps) (1869), 1 O'M. & H. 47; 20 L. T. 16; Blackburn Petition {Potter v. Hornby) (1869), 1 O'M. Sc H. 198; 20 L. T. 823), or by customers over persons with whom they deal by threats to take away custom (per Blackburn, J., in the North Norfolk Petition ubi sup. Cf. Northallerton Petition {Johns v. Hutton) (1869), 1 O'M. Sc H. 167; 21 L. T. 113, where it was held that a threat to give up a pew at a Nonconformist chapel was undue influence) ; also the influence that priests or ministers of religion may exercise by working on the spiritual hopes and fears of voters (see Galway Petition (McGovern v. St. Lawrence) (1869), 1 O'M. Sc H. 303 ; Longford Petition (Broderick v. Greville Nugent) (1870), 2 O'M. Sc H. 6; Tipperary Petition (Mackay v. Heron) (1870), 2 O'M. Sc H. 31 ; Galway Petition {Trench v. Nolan) (1872), 2 O'M. & H. 46 ; South Meath Petition {Dalton v. Fullam) (1892), 4 O'M. Sc H. 130; North Meath Petition (Mahony v. Davitt) (1892), 4 O'M. Sc H. 185). In the Gloucester Petition (Guise v. Wait) (1873), 2 °' M - & H - 59 I and again in the Stepney Petition {Isaacson v. Durant) (1886), 4 O'M. & H. 34 at p. 55, the question arose whether the issue of cards similar to ballot papers, marked with a cross opposite the one candidate's name, and bear- ing a statement, that if any voter marked his paper otherwise, the vote would be lost, amounted to a " fraudulent device " within the meaning of the enactments defining undue influence; but in both cases it was held that there was no intention on the part of the person issuing the cards to mislead voters, and that what was done was therefore not an attempt to exercise undue influence. In the Down Petition (Macartney v. Cast/ereagh)(i SSo), 3 O'M. & H. 115, at p. 122, an Irish case, one candidate published a statement to the effect that the secrecy of the Ballot Act could be infringed with impunity, and that he could ascertain how voters had voted; and the judges differed as to whether this was a " fraudulent device." Bribery.— The definitions of " bribery " incorporated with the Act of 1884 are taken from sects. 2 and 3 of the Corrupt Practices Prevention Act, 1854 07 Sc 18 Vict. c. 102), and sect. 49 of the Representation of the People Act, 1867 (30 & 31 Vict. c. 102, s. 49). Sects. 2 & 3 of the Act of 1854, as set out in the schedule to the Act of 1884, are as follows: — Sect. 2. "The following persons shall be deemed guilty of bribery, and shall be punishable accordingly : — " (1.) Every person who shall, directly or indirectly, by himself or bv any other person on his behalf, give, lend, or agree to give or lend, or shall offer, promise, or promise to procure or endeavour to procure, any money or valuable considera- tion to or for any voter, or to or for any person on behalf of any voter, or 'to or for any other person, in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of such voter having voted or refrained from voting at any election. " (2.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree E 50 London Government Act, 1899. 62 & 63 Vict. to gi ve or procure, or offer, promise, or promise to procure c. 14, s. 2 or endeavour to procure, any office, place, or employment (5), n. to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid on account of any voter having voted or refrained from voting at any election. "(3.) Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement, or agreement as aforesaid, to or for any person, in order to induce such person to procure or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election. "(4.) Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement, or agreement, procure, or engage, promise, or endeavour to procure the return of any person to serve in Parliament, or the vote of any voter at any election. "(5.) Every person who shall advance or pay, or cause to be paid, any money to or to the use of any other person with the intent that such money, or any part thereof, shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any election : Provided always, that the aforesaid enactment shall not extend or be con- strued to extend to any money paid or agreed to be paid for * on account of any legal expenses bondjide incurred at or concerning any election." Sect. 3 . " The following persons shall also be deemed guilty of bribery, and shall be punishable accordingly :— "(1.) Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree, or contract for any money, gift, loan, or valuable consideration, office, place, or employment, for himself or for any other person, for voting or agreeing to vote, or from 2 refraining or agreeing to refrain from voting at any election. "(2.) Every person who shall, after any election, directly or indirectly, by himself or by any other person on his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting, or having induced any other person to vote or refrain from voting at any election." Sect. 49 of the Act of 1867 as set out in the schedule to the Act of 1 S 84 is as follows: — " Any person, either directly or indirectly, corruptly paying any rate on behalf of any ratepayer for the purpose of enabling him to be registered as a voter, thereby to influence his vote at the 3 future election, and any candidate or other person, either directly or indirectly, paying any rate on behalf of any voter for the purpose of inducing him to vote or refrain from voting, shall be guilty of bribery, (1) The word "or" occurs here in the Queen's Printers' copies of the Act of 1854. (2) " For " in the Queen's Printers' copies of the Act of 1854. (3) " Any " in the Queen's Printers' copies of the Act of 1867. Corruption at Electio/is, Gr*c. 5i and be punishable accordingly ; and any person on whose behalf and 62 & 63 Vict, with whose privity any such payment as in this section is mentioned is c. 14, s. 2 made, shall also be guilty of bribery, and punishable accordingly." (5), n. With regard to these definitions the following points may be noticed. It is no answer to a charge of bribery that the person whose vote it was attempted to influence was not entitled to vote, if he was on the register, and had, therefore, a prima facie right to vote. See Guildford Petition (Elkins v. Onslow) (1869), 1 O'M. & H. 13; 19 L. T 729 ; Lichfield Petition {Anson v. Dyott) (1869), 1 O'M. Sc H. 22, at p. 28 ; 20 L. T. 11. The proviso to sect. 2 (5) of the Act of 1S54 is somewhat ill- expressed ; it " refers no doubt to the various legal expenses incurred at elections, such as printing, messengers, hire of committee rooms . . . and expenses of that nature." Per Watson. B., in Cooper v. Slade (1858), 6 H. L. C. 746, at p. 764; 27 L. J. 0^ B. 449; 4 Jur. (N'.s.) 791; 6 W. R. 461. See also per Brarmvell, B., in that case, 6 H. L. C. at p. 765, and the Coventry Petition {Berry v. Eaton) (1869), 1 O'M. Sc H. 97, at p. 101 ; 20 L. T. 405. Apparently the mere offer on the part of a voter to sell his vote is not bribery. See Mallow Petition {Knox v. Munster) (1870), 2 0'M.& H. 18, at p. 21. It is to be observed that sect. 49 of the Representation of the People Act, 1867, does not render it illegal to pay a person's rate in order to enable him to be put on the register, unless the payment is made corruptly in order to influence his vote. See Cheltenham Petition {Gardner v. Samuelson) (1869), 1 O'M. Sc H. 62 ; 19 L. T. 816; Oldham Petition {Cobbett v. Hibbert) (1869), 1 O'M. Sc H. 151; at p. 164; 20 L. T. 302. Questions naturally arise very frequently, especially before election courts, as to whether a particular transaction ostensibly innocent does not really amount to bribery. The more important decisions on such questions, which are of course largely questions of fact, are very briefly summarised below. Gifts made under colour of charity have been held to be bribes (see Boston Petition {Malcolm v. Ingram) (1874), 2 O'M. & H. 161 ; and see the sequel to that case, Malcolm v. Parry Sc Ingram, L. R. 9 G. P. 610; 43 L. J. C. P. 331 ; 31 L. T. 331 ; see also Haggerston Petition {Cremer v. Lozules), ante, p. 48) ; while bond fide charity or munificence, or lavish expenditure in the constituency, even though stimulated by the hope of securing popularity in view of a forthcoming election, has been held not to amount to bribery. See Windsor Petition {Richardson-Gardner v. Eykyn) (1869), 1 O'M. & H. 1, at p. 2 ; 19 L. T. 613; Westbury Petition {Laverton v. Phipps) (1869), 1 O'M. Sc H. 47. at p. 49; Hastings Petition {Calthorpe v. Brassey) (1869), 1 O'M. 8t H. 217 ; 21 L. T. 234 ; Stafford Petition {Chazuner V. Metier) (1869), 1 O'M. & H. 228: 21 L. T. 210; Belfast Petition {M'Tier v. M'Clure) (1869), 1 O'M. Sc H. 281; 21 L. T. 475; Windsor Petition {Herbert v. Gardner) (1874), 2 O'M. & H. 88 ; 31 L. T. 133 ; Plymouth Petition {Latimer v. Bates) (1880), 3 O'M. &. H. 107; Salisbury Petition (Moore v. Kennard) (1883), 4 O'M. & H. 31, at p. 28; Lichfield Petition {WolseJey v. Fulford) (1S95), 5 O'M. & H. 27 ; St. Georges Petition (Benn v. Marks) (1896), 5 O'M. Sc H. 89, at pp. 91, 96; and see Haggerston Petition {Cremer v. Loivles), ante, p. 48. Formerly candidates commonly employed large numbers of persons as messengers, etc., in connection with elections, and questions frequently E 2 52 London Government Act, 1899. 62 & 63 Vict, arose as to whether such persons were employed bond fide, or merely c. 14, s. 2 ' colourably, their wages being really bribes and not payment for services (5), n. rendered. See Tamivorth Petition {Hill v. Peel) (1869), 1 O'M. & H. 75; 20 L. T. 181; Penryn Petition (Broad v. Fowler) (1869), 1 O'M. & H. 127; Durham Petition (James v. Thompson) (1874). 2 O'M. & H. 134; 31 L. T. 227: Boston Petition (Tunnard v. Ingram) (1880), 3 O'M. & H. 151 ; 44 L. T. 287 ; Oxford Petition (Green v. Hall) (1880), 3 O'M. &. H. 155 ? Salisbury Petition (Moore v. Kennard (1883), 4 O'M. & H. 21. Such questions are unlikely to arise in future, as rigid conditions are now imposed on the employ- ment of paid workers in connection with elections by the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict, c 51, s. 17), as regards parliamentary elections, and by the Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70, s. 13, as to which see post, p. 56) as regards municipal and other local elections. It has been held to be bribery, where the circumstances show an intention to influence votes, for an employer to give his workmen a holiday on polling day without docking their wages (see Grave send Petition (Truscott v. Be-van) (1880), 3 O'M. & H. 81 ; 44 L. T. 64). But in the Stroud Petition (Baynes v. Stanton) (1874), 2 °' M - & H - 181, where a holiday on full wages was given under circumstances that the Court thought negatived a corrupt intention, it was held that the employer had not been guilty of bribery. Employers are now by the Parliamentary Elections Corrupt Practices Act, 1885 (48 & 49 Vict. c. 56), enabled, subject to certain conditions, to permit their workmen to absent themselves for the purpose of polling at parlia- mentary elections without loss of wages ; but that Act does not extend to municipal elections. As to the payment of wages since the passing of that Act, in the case of a parliamentary election, see Aylesbury Petition {Charsley v. Rothschild) (1886), 4 O'M. & H. 59- The payment of a voter's travelling expenses to or from the poll is bribery, if the payment is conditional upon his voting, but not other- wise. SeeCooperw. Slade (185S), 6 H. L. C. 74 6 ; 27 L. J. Q^B. 449; 4 Jur. (N.s.) 791 ; 6 W. R. 461 ; Lichfield Petition (Anson v. Dyott) (1869), 1 O'M. & H. 22, at p. 28; 20 L. T. 11; Coventry Petition (Berry v. Eaton) (1869), 1 O'M. & H. 97, at pp. 105, 109; 20 L.T.405 ; Northallerton Petition (Johns v. Hutton) (1869), 1 O'M. & H. 167; Dublin Petition (Woodlockv. Guinness) (1869). 1 O'M. & H. 270; Bolton Petition (Ormerod v. Cross) (1874), 2 O'M. & H. 138 ; 31 L. T. 194; Horsham Petition (Aldridge v. Hurst) (1876), 3 O'M. & H. 52 ; Harwich Petition (Tomline v. Tyler) (1880), 3 O'M. & H. 61, at p. 64 ; s. c. 44 L. T. 187. The payment of such expenses is now in any case illegal both at parliamentary elections under the Corrupt and Illegal Practices Act, 1883 (46 & 47 Vict. c. 51, s. 7, and see ss. 13, 14), and at municipal elections under provisions that will be mentioned later. In the Coventry Petition (Berry v. Eaton) (1869), 1 O'M. & H. 97 ; 20 L. T. 405, where A. undertook, if B. would stand jointly with him for a constituency, to defray B.'s expenses, but it did not appear that A.'s offer was really an attempt to purchase B.'s influence, the Court held that the arrangement was legal; for there is nothing per se illegal in contributing towards a candidate's expenses. See also Belfast Petition (M'Tier v. M'Clure) (1869), 1 O'M. & H. 281 ; 21 L.T. 475- In Britt v. Robinson (Bristol Petition) (1870), L. R. 5 C. P. 503; 23 L. T. 188; s. c. nom. Brett v. Robinson, 39 L. J. C. P. 265 ; 18 Corruption at Elections \ C-r. 53 W. R. 866, it was held that bribery at a test ballot held to determine 62 & 63 Vict, who, among three candidates belonging to the same party, should c. 14, s. 2 ultimately contest an election, was bribery with reference to the (5), n. ultimate election. The following are further instances of forms that bribery has taken: — An offer to remunerate a voter for loss of time in going to vote {Simpson v. Teend( 1869), L. R. 4 Q^B. 626 ; 38 L. J. Q^ B. 3 1 3 ; 21 L. T. 56; 17 W. R. 1 100; 10 B. 3c. S. 752); payments made under colour of remuneration for loss of time in attending the revising barrister's court (Taunton Petition (Williams v. Cox) (1869), 1 O'.M. 3c H. 181 ; 21 L. T. 169), though payments bondjide made for a like purpose have been held to be legal {Hastings Petition {Caltborpe v. Br as sty) (1869), iO'M. &H. 217; 21 L.T. 234); payment of a voter's debt in order to get him out of custody and enable him to vote {Londonderry Petition {MGowan v. Dowse) (1869), 1 O'M. 3c H. 274); an offer to vacate a seat on a town council in favour of a voter {Waterford Petition {Condon y. Osborne) (1870), 2 O'M. & H. 24); permission to shoot rabbits on a candidate's property {Launceston Petition (Drinfctuater v. Deakin) (1874), 2 O'M. & H. 129; 30 L. T. 823); colourable hiring of committee rooms {Sandwich Petition {Goldsniid v. Roberts) (1880), 3 0'M.& H. 158). Personation. — The definition of personation incorporated with the Act of 1884, is contained in sect. 24 of the Ballot Act, 1872 (35 & 36 Vict. c. 33), and is as follows: — " A person shall, for all purposes of the laws relating to parliamen- tary and municipal elections, be deemed to be guilty of the offence of personation who, at an election for a county or borough, or at a muni- cipal election, applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person, or who, having voted once at any such election, applies at the same election for a ballot paper in his own name." The essence of this offence is the fraudulent intention ; it is not personation when a person votes erroneously, honestly believing himself entitled to vote. See Atblone Petition {Sbeil\. Ennis) (1880), 3 O'M. & H. 57; Stepney Petition (Isaacson v. Dtirant) (1886), 4 O'M. & H. 34, at p. 43 ; 54 L. T. 684; Finsbury Petition {Penton v. Naoroji) (1892), 4 O'M. & H. 171. Return of expenses. — In the case of an election of councillors of a municipal borough, candidates are required to make returns of their election expenses under sect. 21 of the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, and a candidate who makes a false return is guilty of a corrupt practice; that offence must therefore be added to the list of corrupt practices as regards such elections. But the provisions as to these returns do not apply to elections under the Local Government Act, 1894, and will consequently not apply to an election of councillors of a metropolitan borough. Minor ofences.— The offences against Municipal Elections (Corrupt and Illegal Practices) Act, 1884, hitherto dealt with, all involve an element of corruption in the ordinary sense. The provisions of the Act now to be quoted and discussed are of a different character, being intended to strike at practices which have been found a convenient cloak for corruption, apart from any question as to the moral culpability of the practice in any particular case. By sect. 4 of the Act of 1884 " (1.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be made — " {a.) on account of the conveyance of electors to or from the poll 54 London Government Act, 1899. 62 & 63 Vict. whether for the hiring of horses or carriages, or for rail- c. 14, s. 2 way fares, or otherwise ; or (5), n. " (b.) to an elector on account of the use of any house, land, building, or premises for the exhibition of any address, bill, or notice, or on account of the exhibition of any address, bill, or notice ; or " (r.) on account of any committee room in excess of the number allowed by thisAct (that is to say), if the election is for a borough one committee room for the borough, and if the election is for a ward one committee room for the ward, and if the number of electors in such borough or ward exceeds two thousand, one additional committee room for every two thousand electors and incomplete part of two thousand electors, over and above the said two thousand. " (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is knowingly made in contravention of this section either before, during, or after a muni- cipal election, the person making such payment or contract shall be guilty of an illegal practice, and any person receiving such payment or being a party to any such contract, knowing the same to be in con- travention of this Act, shall also be guilty of an illegal practice. " (3.) Provided that where it is the ordinary business of an elector as an advertising agent to exhibit for payment bills and advertisements, a payment to or contract with such elector if made in the ordinary course of business, shall not be deemed to be an illegal practice within the meaning of this section." Although the provisions of the Act of 1884, which prohibit the payment of any sum, and the incurring of expense by or on behalf of a candidate, on account of, or in respect of the conduct or management of the election, do not apply to the elections mentioned in sect. 37 of that Act, and consequently do not apply to elections under the Local Government Act, 1894 (see sect. 48 (3, b) of that Act), nor to elec- tions of councillors of a metropolitan borough, it seems that the above section is applicable to such elections. Further provisions as to the conveyance of electors to and from the poll are made by sect. 10 of the Act of 1884 (see post, p. 55). In the Lichfield Petition (Wolseley v. Fulford) (1895), 5 O'M. & H. 27, at p. 30, payment for stabling and baiting horses sent over night for the purpose of driving voters to the poll was held to be a payment on account of the conveyance of voters to the poll within the provisions of the Act of 1883 (_|6 & 47 Vict. c. 51, s. 7), corresponding to the above section, and therefore to be illegal. In the Southampton Petition (Austin v. ChnmberJayne) (1895), 5 O'M. & H. 17, at p. 20, the agent of two joint candidates at an election paid a voter's railway fare, amounting to two shillings, on the occasion of his going to poll. The offence was held to be, under the circumstances, "trivial and unimportant " : and one of the candidates was excused from the consequences (under 46 & 47 Vict. c. 51, s. 22 (b.)), but the election of the other was set aside inasmuch as in the opinion of the Court "all reasonable means for preventing the com- mission of corrupt and illegal practices " had not been taken by him and on his behalf. By a clause in the Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51, s. 64), incorporated with the Act of 1884 (47 & 48 Vict. c. 70, s. 34), " ' Committee room' shall not include any house or room occupied by a candidate at an election as a Corruption at Elcctiotis, &*c. 5 5 dwelling, by reason only of the candidate there transacting business 62 & 63 Vict, with his agents in relation to such election : nor shall any room or c. 14, s. 2 building be deemed to be a committee room tor the purposes of this (5)» n. Act by reason only of the candidate or any agent of the candidate addressing therein electors, committee-men, or others."' With regard to the use of committee rooms in licensed premises, &c, see post, p. 58. With regard to the exceptions referred to in sub-sect. (2). of the above section, see post, p. 58. By sect. 5 of the Act of 1884 a limitation is placed on the total expenditure that may be incurred by or on behalf of a candidate for the office of councillor. But this provision will not apply to coun- cillors of a- metropolitan borough: see sect. 37 of the Act of 1884. applied to elections under the Local Government Act, 1894. and consequently to elections of the councillors of a metropolitan borough, by sect. 48 (3A) of the last-mentioned Act. Sect. 5 further absolutely prohibits the incurring of any expense whatever by or on behalf of a candidate for any corporate office other than that of councillor; and this provision applies to candidates for the office of chairman or alder- man of a county council (see 51 & 52 Vict. c. 41, s. 75), and will consequently apply to candidates for the office of mayor or alderman of a metropolitan borough. By sect. 6. of the Act of 1884," (1.) If any person votes or induces or procures any person to vote at a municipal election, knowing that he or such person is prohibited, whether by this or any other Act. from voting at such election, he shall be guilty of an illegal practice. " (2.) Any person who before or during a municipal election knowingly publishes a false statement of the withdrawal of a candidate at such election for the purpose of promoting or procuring the election of another candidate shall be guilty of an illegal practice. "(3.) Provided that a candidate shall not be liable, nor shall his election be avoided, for any illegal practice under this section com- mitted without his knowledge and consent." By sect. 9 of the Act of 1884, " Where a person knowingly pro- vides money for any payment which is contrary to the provisions of this Act \or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment, except where the same may have been previously allowed in pursuance of t/iis Act to be an exception], such person shall be guilty of illegal payment." The words in italics, which refer to sect. 5 of the Act, will of course not apply in the case of the election of a councillor of a metropolitan borough. By sect. 10 of the Act of 1884, " (1.) A person shall not let. lend. or employ for the purpose of the conveyance of electors to or from the poll at a municipal election, any public stage or hackney carriage, or any horse or other animal kept or used for drawing the same, or any carriage, horse, or other animal which he keeps or uses for the purpose of letting out for hire, and if he lets, lends, or employs such carriage, horse, or other animal, knowing that it is intended to be used for the purpose of the conveyance of electors to or from the poll, he shall be guilty of illegal hiring. "(2.) A person shall not hire, borrow, or use for the purpose of the conveyance of electors to or from the poll any carriage, horse, or other animal which he knows the owner thereof is prohibited by this section to let, lend, or employ for that purpose, and if he does so he shall be guilty of illegal hiring. 56 London Government Act, 1899. 62 & 63 Vict. " (3-) Nothing in this Act shall prevent a carriage, horse, or other c. 14, s. 2 animal being let to or hired, employed, or used by an elector, or (5), n. several electors at their joint cost, for the purpose of conveying him or them to or from the poll. " (4.) No person shall be liable to pay any duty or to take out a licence for any carriage by reason only of such carriage being used without payment or promise of payment for the conveyance of electors to or from the poll at an election." Further provisions as to the conveyance of electors to or from the poll, contained in sect. 4 of the Act of 1884, have already been quoted. By sect, n of the Act of 1884, "Any person who corruptly in- duces or procures any other person to withdraw from being a candi- date at a municipal election, in consideration of any payment or promise of payment, shall be guilty of illegal payment, and any person withdrawing in pursuance of such inducement or procurement shall also be guilty of illegal payment." By sect. 12 of the Act of 1884, "(■!.) No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be made on account of bands of music, torches, flags, banners, cockades, ribbons, or other marks of distinction. " (2.) Subject to such exception as may be allowed in pursuance of this Act, if any payment or contract for payment is made in contra- vention of this section, either before, during, or after an election, the person making such payment shall be guilty of illegal payment, and any person being a party to any such contract or receiving such payment shall also be guilty of illegal payment if he knew that the same was made contrary to law." In the Stepney Petition {Rushmere v. Isaacson) (1892), 4 O'M. & H. 178, broad strips of canvas bearing the words " Isaacson for Stepney," and stretched across the streets, were held to be banners. In the St. George's Petition (Benn v. Marks) (1896), 5 O'M & H. 89, at p. 107, portraits of a candidate printed on linen furnished with laths at the top and bottom, which were carried about by boys and others, were held to be banners ; and the Court expressed the opinion that the portraits, even if they had been used merely by affixing them to walls, would have been marks of distinction. Hat cards made expressly to be worn in the hat have been held to be marks of distinction (see Walsall Petition (Hately v. James) (1892), 4 O'M. & H. 123); but the opposite view has been taken as to cards not made for that purpose, though in fact to some extent worn as hat cards ; see East Clare Petition {Cox v. Redmond) (1892), 4 O'M & H. 162 ; and see Pontefract Petition (Sha-iv v. Reckitt) (i893),40'M.&H. 200. By sect. 13 of the Act of 1884, "(1.) No person shall, for the purpose of promoting or procuring the election of a candidate at a municipal election, be engaged or employed for payment or promise of payment for any purpose or in any capacity whatever, except as follows (that is to say), " (a.) a number of persons may be employed, not exceeding two for a borough or ward, and if the number of electors in such borough or ward exceeds two thousand one ad- ditional person may be employed for every thousand electors and incomplete part of a thousand electors over and above the said two thousand, and such persons may be employed as clerks and messengers, or in either capa- city; and Corruption at Elections, Grc. 5 7 " (/;.) one polling agent may be employed in each polling station : 62 & 63 Vict. " Provided that this section shall not apply to any engagement or c. 14, s. 2 employment for carrying into effect a contract bond fide made with any (5), a. person in the ordinary course of business. " (2.) Subject to such exception as may be allowed in pursuance of this Act, if any person is engaged or employed in contravention of this section, either before, during, or after an election, the person engaging or employing him shall be guilty of illegal employment, and the person so engaged or employed shall also be guilty of illegal employ- ment if he knew that he was engaged or employed in contravention of this Act. "(3.) A person legally employed for payment under this section may or may not be an elector, but may not vote." The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51, s. 64), provides that "the expression 'payment' in- cludes any pecuniary or other reward ; and the expressions ' pecuniary reward' and 'money 'shall be deemed to include any office, place, or employment, and any valuable security or other equivalent for money, and any valuable consideration, and expressions referring to money shall be construed accordingly." This provision is incorporated with the Act of 1884 (47 8c 48 Vict. c. 70, s. 34), and under it, it was held in the Barronu-in-Furness Petition {Schneider v. Duncan) (18S6), 4 O'M. 8c H. 76; 54 L. T. 618, that persons employed in connection with an election who were given refreshments, but no money, were employed for "payment." In the Elgin and Nairn Petition {Hood v. Gordon) (1895), 5 O'M. & H. 1, at p. 1 3, it appeared that one M. had been appointed a polling agent, and had been paid seventeen guineas for his services ; and it appeared that he had urged voters to vote. It was held that under the circumstances he had been employed really as a polling agent, and not as a sub-agent within the meaning of sect. 17 of the Corrupt and Illegal Practices Prevention Act, 1883, as was contended by the petitioner. So in the Lichfield Petition {Wohekyv. Fu/ford) (1895), 5 O'M. & H. 27, at p. 28, it was held that although certain paid clerks had canvassed, there was not sufficient evidence to show that they had been employed to canvass. In the last-mentioned case, 5 O'M. 8c H., at p. 29, where a man acted as a candidate's sub-agent at an election and then voted, where- upon the agent refused to pay his fee, it was held that he was not employed "for payment or promise of payment" within the provision of the Act of 1883 (46 - S2 4! Cf. re South Salop election (1886), 54 L. T. 129. In Ex parte Wilks (1885), 16 Q^B. D. 114: 55 L. J. Q. B. 576; 50 J. P. 487, where an application was made under the above section by a successful candidate and it appeared that a petition had been presented against him and was pending, the Court ordered the applica- tion to stand »ver until the trial of the petition. An application for relief may be made before the election is held. See Ex parte Kyd (1897), 14 Times L. R. 64. The applicant for relief may be required to pay the costs of persons 60 London Government Act, 1899. 62 & 63 Vict, opposing the granting of the relief, though the relief is granted. See c. 14, s. 2 Ex parte Kyd (1897), 14 Times L. R. 154. (5), n. An appeal lies to the Court of Appeal from the decision of the Queen's Bench Division on an application under this section. See Ex parte Walker (1889), 22 Q. B. D. 384; 58 L. J. Q^ B. 190; 60 L. T. 581 ; 37 W. R. 293 ; 53 J. P. 260. For instances of applications under the present section, see, in addition to the cases already cited, Ex parte Clark (1885), 52 L. T. 260 ; Ex parte Darlington (1889), 53 J. P. 71 ; Ex parte Thomas (1889), 60 L. T. 728; Ex parte Haseldine (1895), 59 J. P. 71. Reference may also be made to Ex parte Robson (1886), 18 Q^B. D. 336; 55 L. T. 813; 35 W. R. 290; 51 J. P. 199; Stepney Petition {Isaacson v. Durant) (1886), 4 O'M. & H. 34, at p. 53; Buckrose Petition (Sykes v. McArthur) (1886), 4 O'M. 8c H. no; Walsall Petition (Hately v. James) (1892), 4 0'M.&H. 123; Stepney Petition (Ruskmere v. Isaacson) (1S92), 4 O'M. & H. 178; and the cases cited in connection with sect. 19. Election Petitions. — The ordinary, and in general, if not universally, the only way of questioning, in a court of law, the validity of an election to which Part IV. of the Municipal Corporation Act, 1882, and the amending Act of 1884 are applicable, is by an election petition, though in the case of elections under the Local Government Act, 1894, including elections of the councillors of a metropolitan borough, there is sometimes an alternative procedure by way of application to the county council (see Reg. v. Miles, and the observations on that case, post p. 62). By sect. 87 of the Municipal Corporations Act, 1882 : — "(1.) A municipal election may be questioned by an election petition on the ground— (a.) That the election was as to the borough or ward wholly avoided by general bribery, treating, undue influence, or personation ; or (b.) That the election was avoided by corrupt practices or offences against this Part committed at the election ; or (c.) That the person whose election is questioned was at the time of the election disqualified ; or (d.) That he was not duly elected by a majority of lawful votes. (2.) A municipal election shall not be questioned on any of those grounds except by an election petition." Clause {a) of this section refers to sect. 81 of the Act of 1882, by which "a municipal election shall be wholly avoided by such general corruption, bribery, treating, or intimidation at the election as would by the common law of parliament avoid a parliamentary election." The principle of the common law under which an election may be set aside for general corruption has been considered in numerous parliamentary cases. It will suffice here to quote with reference to it the following observations of Blackburn J. in the Stafford Petition (Cba-zvner v. Mel lor) (1869) 1 O'M. & H. 228, at p. 234; 21 L. T. 210:— "There is a principle . . . that if there has been general corruption, although it does not appear to have been done by any agent,— I mean either general corruption, preventing the election representing what it ought to represent, that is, the feeling of the constituents ; or general intimidation, so that you may say it is evident the election is not a free one,— in that case, although it is not brought home to the agent, the election would not be good by the common law of parliament. It must, however, be very difficult in such a case to Election Petitions. 6 1 prove, and very difficult to be able to say whether or not a case is of 62 & 63 Vict, sufficient magnitude to amount to that.'' c. 14, s. 2 The enactments under which an election is avoided by corrupt (5), n. practices or offences against election law are now contained in the Municipal Elections (Corrupt and Illegal Practices) Act, 1884, by which Act the corresponding provisions in Part IV. of the Act of 1882 which are alluded to in clause (b) of the above section are replaced. By sect. 3 of the Act of 1884— "(1.) Where upon the trial of an election petition respecting a municipal election for a borough or ward of a borough it is found by the report of an election court made in pursuance of section ninety-three of the Municipal Corporations Act, 1882, that any corrupt practice, other than treating and undue influence, has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever holding a corporate office in the said borough, and if he has been elected his election shall be void ; and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted of a corrupt practice. "(2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any corrupt practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by his agents of any corrupt practice in reference to such election, and if the report is that any candidate at such election has been guilty by his agents of a corrupt practice in reference to such election, that candi- date shall not be capable of being elected to or holding any corporate office in the said borough, during a period of three years from the date of the report, and if he has been elected, his election shall be void." By sect. 8 of the same Act— "(1.) An illegal practice within the meaning of this Act shall be deemed to be an offence against Part Four of the Municipal Corporations Act, 1882, and a petition alleging such illegal practice may be presented and tried accordingly. " (2.) Upon the trial of an election petition respecting a municipal election for a borough or ward of a borough in which a charge is made of any illegal practice having been committed in reference to such election, the election court shall report in writing to the High Court whether any of the candidates at such election has been guilty by himself or his agents of an illegal practice in reference to such election, and if the report is that a candidate at such election has been guilty by himself or his agents of an illegal practice in reference to such election, the candidate shall not be capable of being elected to or of holding any corporate office in the said borough during the period for which he was elected to serve, or for which if elected he might have served, and if he was elected, his election shall be void ; and, if the report is that such candidate has himself been guilty of such illegal practice, he shal 1 also be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice." And by sect. 18 of the same Act—" Where upon the trial of an election petition respecting a municipal election for a borough or ward of a borough it is found by the election court that illegal practices or offences of illegal payment, employment, or hiring, committed in reference to such election for the purpose of promoting the election of 62 London Government Act, 1899. 62 & 63 Vict, a candidate at that election, have so extensively prevailed that they may c. 14, s. 2 be reasonably supposed to have affected the result of that election, the (5), n. election court shall report such finding to the High Court, and the election of such candidate, if he has been elected, shall be void, and he shall not, during the period for which he was elected to serve, or for which, if elected, he might have served, be capable of being elected to or holding any corporate office in the said borough." The interpretation put by the Court upon the section of the Corrupt Practices (Municipal Elections) Act, 1872 (35 & 36 Vict, c. 60, s. 12), of which sect. 87 of the Act of 1882 is a re-enactment in slightly changed language, and upon the last mentioned section, as regards the cases in which municipal election may be questioned by petition, has been very wide ; and it is accordingly only in very exceptional cases that a petition does not form the proper and only means of questioning a municipal election. Thus in Howes v. burner (1876), 1 C. P. D. 670; 45 L. J. C. P. 550; 35 L. T. 58, it was held under the earlier enactment that an election might be questioned by petition on the ground that the notice of election was misleading, and had led to a candidate's nomination paper being delivered too late. Again, in Reg v. Morton [1892], 1 Ch B. 39; 61 L. J. Q^B. 39; 65 L. T. 611; 40 W. R. 109; 56 J. P. 105, where the mayor of a borough was a candidate, and, acting as returning officer, gave a casting vote for himself, and declared himself elected, it was held under section 87 of the Act of 1882 that the election could not be questioned except by petition. See also Reg. v. Welchpool Corporation (1876), 35 L. T. 594; Budge v. Andrews (1878), 3 C. P. D. 510; 47 L. J. C. P. 586; 39 L. T. 166; Brown v. Benn (1889), 53 J. P. 167 ; Pritcbardw Bangor Corporation (1888), 13 App. Cas. 241 ; 57 L. J. Q^ B. 313 ; 58 L. T. 502 ; 37 W. R. 103 ; 52 J. P. 564. In Reg. v. Miles (1895), 64 L. J. Q^ B. 420; 72 L. T. 502; 59 J. P. 407 ; S. C. nom. Reg. v. Mills, 43 W. R. 445 ; at an election of parish councillors held apparently under the Parish Councillors Election Order, 1894, C. and S. were elected at the parish meeting, but a poll was demanded by a person who was not entitled to demand a poll. The poll was held, and L. and W. were returned at the head of the poll and they accepted office. It was held that sect. 87 of the Act of 1882 prevented the election from being questioned by pro- ceedings for a mandamus, even if there was no other answer to such proceedings. The Court, however, expressed the opinion that an election petition was not the only remedy in such a case, but that there was an alternative remedy by application to the county council under sect. 48 (5) or 80 (1) of the Local Government Act 1894, which contain provisions enabling the county council to remove difficulties in connection with elections under that Act. The latter sub-section is now spent. It is temporarily replaced as regards most elections by the Local Government (Elections) Act, 1896 (59 & 60 Vict. c. 1); but that Act does not extend to elections of metro- politan vestrymen, and will consequently not apply to elections of councillors of a metropolitan borough. A petition may be presented against some only of a number of successful candidates upon grounds that equally affect the election of all such candidates, and upon such a petition the candidates petitioned against may be unseated. Line v. Warren (1885), 14 Q^B. D. 548; 54 L. J. Q^B. 291 ; 53 L. T. 446 ; 49 J. P. 516. Where a petitioning candidate is seated on petition, a fresh petition cannot be brought for the purpose of unseating him. (Waygood v. Election Agency. 63 James {Taunton Petition) (1869), L. R. 4 C. P. 361 ; 38 L. J. C. P. 62 & 63 Vict. 195; 21 L. T. 202; s. c. now. Weygood v. James, 17 \V. R. 824.) c. 14, s. 2 Under sect. 93 (10) of the Act of 18S2, however, provision is made tor (5), a. the hearing of countercharges against a candidate for whom the seat is claimed, at the trial of the original petition. An election petition may be presented either by four or more persons who voted or had a right to vote at the election, or by a person alleging himself to have been a candidate at the election (45 & 46 Vict. c. 50, s. 88). As to the presentation of a petition by a person in fact nominated as a candidate though disqualified, see Harford v. Z/«j^[i899]iQ^B. 852 ;68L. J.QJB. 599; So L.T.417; 63 J. P. 263. In general it must be presented within twenty-one days after the day on which, the election was held. But there are provisions extending this time in particular cases {II?., s. 88 ; 47 & 4S Vict. c. 70, s. 25). The procedure in relation to election petitions is beyond the scope of this work: it is regulated partly by Part IV. of the Municipal Corporations Act, 1882, and the amending Act of 1884, and partly by Rules made under Part IV. of the Act of 1882. Agency. — Allusion has already been made more than once to the peculiar doctrine of agency in connection with elections; and the candidate's " agents " are referred to in several of the enactments with respect to malpractices at municipal elections and municipal election petitions that have been quoted. Some observations on the doctrine may be useful. The doctrine has been developed almost entirely in connection with parliamentary elections; but it is expressly extended to municipal elections by sect. 100 (3) of the Municipal Corporations Act, 1882. Judges sitting as election courts for the trial of parliamentary election petitions have from the first, following the practice of election committees, set aside elections not only for malpractices on the part of the successful candidate personally but also for malpractices on the part of his agents ; and in dealing with questions as to the respon- sibility thus cast upon a candidate for the acts of his agents, they have, in this respect also following the former practice of election committees, very largely extended the ordinary principles of agency. In the first place, circumstances are sufficient to establish the relation of principal and agent between a candidate and persons engaged in furthering his candidature that would, with respect to ordinary transactions, be wholly insufficient to establish agency. Questions as to whether the fact of agency is or is not established by the evidence continually arise at the trial of election petitions. It is not possible to deal fully with the reported decisions on such questions within the limits of the present work, more especially as such questions are as much questions of fact as of law, so that the effect of the decisions cannot be accurately expressed with any degree of conciseness. " It has never yet been distinctly and precisely defined what degree of evidence is required to establish such a relation between the sitting member and the person guilty of corruption, as should constitute agency. ... No one yet has been able to go further than to say, as to some cases, enough has been established ; as to other, enough has not been established to vacate the seat." Per Blackburn, J., in the Bridgeivater Petition {Westropp v. Ktnglake) (1869), 1 O'M. iSc H. 1 1 2, at p. 115. Perhaps the following remarks of Grove, J., in the Taunton Petition {Marshall v. James) (1874), 2 O'M. & H. 66, at p. 74; 30 L. T. 125 are as accurate a general statement of the principles by which election courts are guided 64 Loudon Government Act, 1899. 62 & 63 Vict, on questions as to the fact of agency as could be given :— " To estab- c. 14, s. 2 lish a?ency for which the candidate would be responsible, he must be (5), n. proved by himself or by his authorized agent to have employed the persons whose conduct is impugned to act on his behalf, or to have to some extent put himself in their hands, or to have made common cause with them for the purpose of promoting his election." The learned judge, however, was careful to explain that these remarks were not to be taken as an exhaustive definition of agency. Again, once the fact of agency is established, the candidate is responsible, generally speaking, for all the acts of the agent, including acts that the candidate may not have authorized or may even have expressly forbidden. This doctrine was established in the Norwich Petition {Tillett v. Stracey) (1869), 1 O'M. & H. 8 ; 19 L. T. 615, and has been acted upon in numerous cases since: see e.g. the Taunton Petition {Williams v. Cox) (1869), 1 O'M & H. 181 ; 21 L. T. 169, where the doctrine is very clearly laid down by Blackburn, J. A person may, however, have a limited authority as agent, as, for instance, to canvass particular voters, and in that case the candidate is not responsible for acts of the agent entirely beyond the limits of his authority. See Bodmin Petition {Adams v. Gower) (1869), 1 O'M. & H. 117, at p. 119; 20 L. T. 989; Harwich Petition (Tomline v. Tyler) (1880), per Lush, J., 3 O'M. & H. 61, at p. 69 ; 44 L. T. 187 ; West- bury Petition {Laverton v. Phipps) (1880), 3 O'M. & H. 78. Again, the maxim delegatus non potest delegare does not apply to electioneering agents, and the candidate is accordingly responsible not only for the acts of his immediate agents, but also for the acts of sub- agents acting under the authority of an immediate agent. See, e.g., Bewdley Petition {Sturge v. Glass) (1869), 1 O'M. & H. 16 ; 19 L. T. 676; Barnstaple Petition {Fleming v. Cave) (1874),' 2 O'M. & H. 105 ; Plymouth Petition {Latimer y. Bates) (1880), 3 O'M. & H. 107. Political associations and their officers have frequently been held to be electioneering agents. With reference to this subject the following observations of Pollock, B., in the St. Georges Petition {Benn v. Marks) (1895), 5 O'M. & H. 89, at p. 97, may be quoted:—" In determining the question how far a candidate, by attending the meetings of a political association makes it or any of its officers his agents, it is necessary first to inquire what is the object and character of the association. If, for instance, its object be simply to secure the elec- tion to Parliament of a particular individual, it would be difficult, if not impossible, for a candidate to take part in its operations without becoming responsible for its acts during an election. Again, if the object of an association be to procure the election of some candidate professing the political views of one of the two great parties which are supposed to divide the opinions entertained by the whole electorate of the country, a candidate, if during an election he attended its meetings and availed himself of the assistance of the association, would probably be held so to sanction the association acting on his behalf as to con- stitute the officers of the association his agents. Where, however, the object of the association is merely to advocate the views and interests of a particular portion of the community, as where a temper- ance society forms local branches to uphold the closing of public houses or local option, and a brewers' or a publicans' association forms branches to support the opposite views, or where Irish Home Rule is advocated by one society and Unionist views by another, the position is different, and a candidate who is invited by a branch association within his division to attend their meeting, to hear their views and to explain his own, does not by so attending necessarily associate Election Petitions. 65 himself with their organisation so as to make any of their officers his (,i & 63 agents." , 1 ; Prima facie the agency comes to an end as soon as the election is (y, n. over, so that the candidate is not responsible for acts of persons, who were his agents while the election was pending, done after the election, unless there is evidence to connect the candidate with the act in question. See Salfortl Petition ( Anderson v. Caiuley) ( [869 1, 1 ( >'M.& 1 1 . 133 ; 20 L. T. 120 ; North Norfolk Petition (Column v. fPalpoIe) (1869), 1 O'M. & H. 236, at p. 243 : 2 1 L. T. 264. It should be observed that the liability of the candidate to prosecu- tion for offences against election law committed by other persons is not regulated by the peculiar principles as to electioneering agency above referred to, but is, by the ordinary principles of the criminal law, confined to offences committed by his authority or with his consent. See per Martin, B. in the Norwich Petition (Tilled v. Stmceji) (1869), 1 O'M. & H. 8 ; 19 L. T. 615 ; Rogers on Elections, Part II., ifith edition, p. 317. Proceedings. The council of a metropolitan borough will have power to make bye-laws as to their proceedings. There are. however, some statutory provisions as to the proceedings of an administrative vestry which will apply to such councils and which it will be convenient to mention before discussing the powers under which the bye-laws in question may be made. Convention of Meetings. — With regard to the convention of meetings of an elective vestry in London, sect. 9 of the Metropolis Management Amendment Act, 1856 (19 . & C. 449; 6 D. & R. 517; and see also Re Horbury Bridge Coal, &c. 00.(1879), 1 1 Ch. D. 109 ; 4 S L. J. Ch. 341 ; 40 L. T. 353; 27 W. R. 433, considered in Re Chilling ton Iron Co. (iSSO. 29 Ch. D. 159 ; 54 L. J. Ch. 624 ; 52 L. T. 504: 33 \Y. R. 442, and in Ernest v. Loma Gold Mines Co. [1897] 1 Ch. 1 ; 66 L. J. Ch. 1 - : 75 L. T. 317; 45 W. R. 86. But, though the point is not free from doubt, it seems that if at a meeting of the council a vote were, with the consent of the meeting, taken by some form of secret ballot, the decision of the meeting would not necessarily be invalid or liable to be set aside. See Shaw v. Thompson (1876), 3 Ch. D. 233; 45 L. J. Ch. 827; 34 L. T. but see Edenborough v. Archbishop of Canterbury (1826), 2 Russ. 9 ; : Faulkner v. Elger, supra ; Story v. Colk (184S), 6 No. C.i. Kcc. & M. (1) These words are repealed by the Local Government Act, 1894. v 2 68 London Government Art, 1899. 62 & 63 Vict. Gts., supplement, xxxiii. ; Reg. v. Hammersmith, {Vicar of) (1852), c. 14, s. 2 3 B. & S. 504 n. (5), u. Rescission of previous Resolution. — By sect. 57 of the Metropolis Management Act, 1855, which will apply to the council of a metro- politan borough, " no resolution or other act . . . of any . . . vestry, shall be revoked or altered at any subsequent meeting, unless such subse- quent meeting be specially convened for the purpose, nor unless such revocation or alteration be determined upon by a majority consisting of two-thirds . . . of the vestrymen present at such subsequent meeting, if the number of . . . vestrymen present at such subsequent meeting be not greater by one-fifth than the number present when such resolution was made or such act was done, but if the number of . . . vestrymen present at such subsequent meeting be greater by one-fifth than the number present at such former meeting, then such revocation or alteration may be determined upon by a mere majority." In Sooby v. St. Mary Abbots, Kensington, Vestry (1871), 35 J. P. 343, it was held that a resolution altering the name of a street which had been determined by a previous resolution was a resolution revoking or altering the previous resolution within this section. In St. George the Martyr, Southwark, Vestry v. Pethebridge (1867), 31 J. P. 279, it was apparently held that a resolution to cause a new street to be paved at the cost of the frontagers under sect. 105 of the Metropolis Management Act, 1855, was not a revocation or altera- tion of a previous resolution to undertake its repair under sect. 106 of that Act. The judgments, however, are very short, and the case was only argued on one side. In Ex parte Richards (1878), 3 Q^B. D. 368 ; 47 L. J.Q^B. 498 ; 3S L. T. 684 ; 26 W. R. 695 ; s. c. nom, Reg. v. Jones, 42 J. P. 614, the opinion was expressed that a resolution dismissing an officer was not an alteration or revocation of the resolution by which he was appointed within the meaning of a bye-law of scope similar to that of the section in question. It is submitted that the section will not apply to the rescission or alteration by the council of a metropolitan borough of a resolution or act of their predecessors. Minutes and Accounts. — By sect. 60 of the Metropolis Manage- ment Act, 1855, " Entries of all proceedings ... of any . . . vestry, with the names of the members who attend each meeting, shall be made in books to be provided and kept for that purpose, under the direction ot the . . . vestry, and shall be signed by the members present, or any two of them, and all entries purporting to be so signed shall be received as evidence, without proof of any meeting of the . . . vestry having been duly convened or held, or of the presence at any such meeting of the persons named in such entry as being present thereat, or of such persons being members of the . . . vestry, or of the signature of any person by whom any such entry purports to be signed, all which matters shall be presumed until the contrary be proved ; and every such . . . vestry shall provide and keep books in which shall be entered true and regular accounts of all sums of money received and paid by them or under their authority, and of all liabilities incurred by them, and of the several purposes for which such sums of money are received and paid and such liabilities incurred, and copies of all contracts entered into by any such . . . vestry." By sect. 61 of the same Act, all such books are, at all reasonable times, to be open to the examination of every member of the vestry, and " of every owner of property, churchwarden, overseer, and rate- payer " within the parish, " and of every creditor on the rates raised Proceedings of Council. 69 under this Act by any such . . . vestry . . . without fee or reward. 62 & 63 Vict, and they respectively' may take copies of or extracts from such books c. 1 .;. 5. 2 or any part thereof, without paying tor the same." By the same {5)1 »• section a penalty is imposed for a refusal on the part of a member or officer of the vestry, having the custody of any such hooks, for refusing to permit the inspection or copying of the books in accordance with the section. \\ ith regard to the accounts of the council of a metropolitan borough, and the inspection thereof, see sect. 14 of the present Act, and the note thereto. Bye-I^aws as to Proceedings. — The council of a metropolitan borough will have power to make bye-laws regulating their proceedings under sect. 202 of the .Metropolis Management Act, 1 S 5 5, which provides that " Every district board and vestry respectively may, from time to time, make, alter, and repeal bye-laws for all or any of the purposes following; (that is to say.) for regulating the business and proceedings at their meetings, and of committees appointed by them." The section, which empowers such bodies to make bye-laws also for other purposes, further provides that penalties may be imposed by the bye-laws, and contains a proviso, " that no bye-laws shall be re- pugnant to the laws of England, or to the provisions of this Act: and that no bye-law shall be of any force or effect unless and until the same be submitted to and confirmed at a subsequent meeting of the board or vestry : provided also, that no penalty shall be imposed by any such bye-law unless the same be approved by one of Her Majesty's principal Secretaries of State." By sect. 203, "All bye-laws made and confirmed as aforesaid in pursuance of this Act, shall be printed and hung up in the principal office of the board or vestry, and be open to public inspection without payment, and copies thereof shall be delivered to any person applying for the same on payment of such sum, not exceeding twopence, as the board or vestry shall direct ; and such bye-laws, when so published, shall be sufficient to justify all parties acting under the same : and the production of a printed copy of such bye-laws, authenticated by the seal of such board or vestry,' shall be evidence of the existence and of the due making, confirmation and publication of such bye-laws, in all prosecutions under the same, without adducing proof of such seal or of the fact of such confirmation or publication of such bye-laws." (0.) The quorum of the borough council shall be one- third of the whole number of the council. (7.) The mayor and an alderman of a metropolitan borough shall be required t<> accept office within tin- same period as is allowed in the rase of a councillor. Note.— Acceptance of Office.— As to acceptance of office by the mayor and aldermen, see the note to sub-s^ct. [4 ) ante, p. 14. (8.) The Local Government Board may. on requesl made by a borough council in pursuaD E a resolution of the council passed by a majority of two-thirds of tin- members present and voting at a meeting of the council duly convened for the purpose, provided that such majority 70 London Government Act, 1899. 62 & 63 Vict, is not less than the majority of the whole council, make c 14, s. 2 (8). an orc | er directing that the whole of the councillors shall retire together on the ordinary clay of election in every third year, and may on like request rescind any such order. Note.— Triennial Election.— Apart from any order of the Local Government Board under this sub-section, the councillors of a metropolitan borough will retire annually by thirds, the term of office of each councillor being three years. See sect. 9 of the Metropolis Management Act, 1855, which is made applicable to such councillors by sub-sect. (5). The necessary provisions to establish the rotation will be made under sect. 27. Of course an order of the Local Government Board under the present section must contain incidental provisions lengthening or shortening the term of office of certain councillors ; and it must be taken that the Board have power to make such incidental provisions. Date for Sect. 3. — (1.) The first elections of all borough elections of councillors under this Act shall be held on the first day councillors. f November one thousand nine hundred, or on such later day, as soon as practicable thereafter, as may be fixed by the Lord President of the Council, who shall also fix a corresponding date for the first elections of mayor and aldermen. (2.) The ordinary day of election of borough coun- cillors shall be the first day of November, or if that day is Sunday, then the following day. (3.) The ordinary day of election of the mayor and aldermen shall be the ninth day of November, or if that I / day is Sunday, then the following day. Note. — Day of Election. — Provisions that will apply in the event of failure to hold an election of a mayor or of aldermen at the proper time, have been mentioned, ante, p. 11. There are no corre- sponding general provisions with reference to failure to hold an election of councillors at the proper time, though in some cases sect. 48 (5) of the Local Government Act, 1894, ante, p. 37, might apply. (4) The revised list of voters in each borough shall in each year after the year one thousand nine hundred be printed and signed before the twentieth day of October,, and come into operation as the register for the purpose of borough elections on the first clay of November. Note.— Lists of Voters.— Special provisions under which the lists of voters are to be brought into operation for the purposes of elections of councillors under this Act on November 1st in the year 1900, are contained in sect. 27 (3). TYansfer of Powers of Vestries and District Boards 71 Powers of Borough Councils. c. 14,8. 4(1). Sect. 4. — (1) Ou the appointed day every elective Transf vestry and district board in the county of London shall k» cease to exist, and, subject to the provisions of this Aet c " ul " ;i and of any scheme made thereunder, their powers aud [." ^"' duties, including those under any local Act, shall, ;is (lhIni ., from the appointed day, be transferred to the council boards. for the borough comprising the area within which those powers are exercised, and their property and liabilities /^ shall bejt ransferrcd to that council, and that council " r shall beTheir successors, and tlie clerk ol tlie council shall be called the town clerk, and shall be the town clerk within the meaning of the Acts relating to the registration of electors. Provided that in the case of borrowing powers so transferred, if the London County Council refuse their sanction, or do not within six months alter application made give their sanction, to a loan, or attach conditions to their sanction, an appeal shall lie to the Local Government Board, whose decision shall be final. Note.— Transfer of Powers, etc., of Elective Vestries and District Boards.— As to the "appointed day," see sect. 33. "Elective vestry" is defined by sect. 34 as meaning any vestry elected under the Metropolis Management Act, 1855. It will be remembered that elective vestries are of two kinds: "administrative vestries," that is elective vestries of parishes that are not grouped into districts under district boards, and the elective vestries of the parishes that are so grouped. "Local Act" is defined by sect. 34; and that section also incorporates definitions of '-powers," " duties," " property," and " liabilities," which are given in the note to that section. As to the going out of office of the existing members of elective vestries and district boards, see sect. 27 (4). By sect. 23 (i)the powers and duties of vestries relating to the affairs of the church, and any interest of a vestry in any church property, are excepted from the transfer under this section, and special provision is made with regard to such powers and duties and interests. It is of course impossible within the limits of such a work as the present to give even a summary of the powers and duties of elective vestries and district boards in London. All that can be dene is to give a list of the more important Acts under which they have such powers and duties, and to add one or two observations ot a miscel- laneous character which it appears to the writer may possibly be useful. Apart from the Metropolis Management Acts, as to which a word or two will be said later, the more important Acts under which 72 London Government Ad, 1899. 62 & 63 Vict, administrative vestries and district boards have powers are the c. 14, s. 4 following: — U)) n - The Alkali, etc., Works Regulation Acts, 1SS1 and 1892 (44 Sc 45 Vict. c. 37; 55 Sc 56 Vict. c. 30). The administrative vestries and district boards are " sanitary authorities " within these Acts (44 & 45 Vict. c. 37, s. 27), and as such have power to complain to the Local Government Board of a breach of their provisions. The purposes of the Acts appear from their titles. The Barbed Wire Act, 1893 (56 & 57 Vict. c. 32). Under this Act the administrative vestries and district boards have power to take proceedings to secure the removal of barbed wire fences from the vicinity of highways. The Canal Boats Acts, 1877 and 1884 (40 Sc 41 Vict. c. 60; 47 Sc 48 Vict. c. 75). The administrative vestries and district boards are in general " sanitary authorities," and also in certain cases " regis- tration authorities" for the purposes of these Acts (40 Sc 41 Vict, c. 60, ss. 7, 14)- The Acts may be said, broadly speaking, to be concerned with the regulation for sanitary purposes of canal boats used as dwellings. The sanitary and registration authorities have various powers for enforcing the provisions of the Acts and of the regulations made under them by the Local Government Board. The Electric Lighting Acts, 1882 and 1888 (45 & 46 Vict. c. 56 ; 51 & 52 Vict. c. 12). The administrative vestries and district boards are local authorities under these Acts (45 Sc 46 Vict. c. 56, s. 31, and sched.). As such they may themselves obtain a licence or provisional order authorizing them to supply electricity, and they have also extensive powers with reference to the supply of electricity under the Acts within their parishes and districts by private persons and companies. The Factory and Workshop Acts, 1878 to 1895 (41 & 42 Vict. c. 16 ; 46 cc 47 Vict, c 53 : 54 & 55 Vict. c. 75 ; 58 pen Spaces Acts, 1SS7 and 1890 (50 & 51 Vict c. 32 ; 53 Sc 54 Vict. c. 15 ; see sect. 2 of the last-mentioned Act). Under these Acts open spaces may be conveyed to local authorities. and such authorities have certain powers with regard to the manage- ment of such open spaces. The Public Health {London) Act 1891 (54 & 55 Vict. c. 76). The administrative vestries and district boards are " sanitary authorities" for the purposes of this Act (lb., s. 99), and as such have powers and duties of great variety and importance. The Act deals with the suppression of nuisances, the regulation of offensive trades, smoke consumption, the sanitary condition of workshops and bakehouses, the control of dairies, the removal of refuse, sanitary conveniences, drains etc., unsound food, the supply of water, the notification and prevention of infectious diseases, the prevention of epidemic diseases, mortuaries, the regulation in certain respects of lodging-houses, the use of tents and vans as dwellings, the use of underground rooms as dwellings, and various cognate matters. The Sale of Food an, I Drugs Act, 1875 >' tie Sale of Food and Drugs Act Amendment Act, 1879, and the Margarine Act, 1S87) 38 & 39 Vict. c. 63; 42 o Vict. c. 59). The Acts are amended in 62 & C3 Vict, minor particulars by the Baths and W ashhouses Act, 1899 (6a *x 63 1 . 14. b- 4 Vict. c. 39). ■ n - Where the Acts have been adopted they enable public baths, public washhouses, open bathing places, and covered swimming baths to be provided and maintained. Hitherto in London outside the City the vestry of any parish have had power, with the consent of the Local Government Hoard, and by a two-thirds majority, to adopt the Acts for their parish (v A; 10 Vict. c. 74, ss. 1,5: 34 & 55 \ ict. c. 70, s. 2). " Parish and " vestry " are specially defined in the Acts (9 & ro V ict. C 74, s. 2 ; 10 & 11 Vict c. 61, s. 2); but it would seem that in London outside theCity.the expressions may be taken as meaning a parish under an elective vestry, and the elective vestry of that parish. Until recently the Acts when adopted in a London parish outside the City were in all cases carried out by a board of commissioners elected by the vestry (9 cSc 10 Vict. c. -4. ss. 6-1 1. 20) anil acting in many respects subject to the control of the vestry. Latterly, however, the functions of such boards of commissioners have in many cases been transferred to the vestry by an order of the Local Government Board under sect. 3} of the Local Government Act, 1 S94. as to which section see the note to sect. 16 of the present Act. \\ hen the Acts are on the appointed day already in force for any parish, they will, after the appointed day.be carried out by the council of the borough comprising the parish, either by virtue of the present sub-section, or, where the executive powers under the Acts have already been transferred to an elective vestry, by virtue of sub-sect. ( 1) of the present section. In either case the controlling powers of the vestry will also attach to the borough council by virtue of sub- sect. (1). Provision as to the adoption of the Acts after the appointed day is made by sub-sect. (4) of the present section. Under that sub-section the council of a metropolitan borough will be able to adopt the Acts by simple resolution, for the whole of their borough, if they are not already in force for any part of it, or for the residue of their borough, if the Acts are already in force for part of their borough: see sect. 10 of the Public Health Act. 1875, under which the Acts may be adopted by any urban authority by simple resolution, and under which they may consequently be adopted for a municipal borough by simple resolution of the council. Expenses under the Acts at present fall on the poor rate (9 & 10 Vict. c. 74, ss. iC>-iS; 41 Vict. c. 14, s. 13). The Burial Acts, 1852 to 1885.— This collective title includes twelve Acts. The hrst nine of these (15 & 16 Vict. c. 85; if> & 17 Vict. c. 134; 17 &: is Vict. c. $7; is & 19 Vict. c. 12S; 20 & 21 Vict. c. Si : 22 Vict. c. 1 : 23 *x 24 Vict. c. 64^5 & 26 Vict. c. 100; 34 & 35 Vict. C. 3 3), passed respectively in iS;_\ is; 3. 1S54, l8 55> l8 57, '859, i860. 1862, and 1S71. may each be cited as "the Burial Act" with the addition of the year in which it was passed. The remaining three Acts are : the Burial Laws Amendment Act. iSSo (43 .Sc 44 Vict. c. 41). the Burial and Registration | Doubts Removal) Act, 1 88 1 (44 & 4; Vict. C. 2) and the Burial Boards (Contested Elections) Act. iXS; (4S & 49 Vict. C. 21). The Acts of 1SS0 and 1SS1 were passed to authorize burials in consecrated ground without the rites of the established church, and burials with such rites in unconsecrated ground. 78 London Government Act, 1899. ■62 & 63 Vict. The main objects of the remaining Acts are to enable burials in c. 14, s. 4 undesirable places to be prohibited, and new burial grounds to be (.2), n. provided and maintained. For the purposes of the present note attention may be confined to the last-mentioned provisions of the Acts. The first of the Burial Acts, namely the Act of 1852 (15 & 16 Vict. c. 85) was originally confined to the " metropolis" as defined by that Act, and though most of its provisions were extended to the rest of the country by the Burial Act, 1853 (16 Sc 17 Vict. c. 134), there remain points of difference between the provisions of the Burial Acts applicable within the " metropolis" and those applicable elsewhere. The " metropolis " for the purposes of trie Burial Acts is not coterminous with the area formerly constituting the metropolis for the purposes of the Metropolis Management Acts, and now forming the administrative county of London. Thus the parishes of Eltham, Kidbrooke, Lee, and Lew.isham, and the hamlet of Penge, though within the administrative county of London appear to be outside the metropolis for the purposes of the Burial Acts ; and on the other hand the parish of Willesden, though not in the administrative county of London, is within the metropolis for the purposes of these Acts. See 15 Sc 16 Vict. c. 85, s. 53, and Sched. A. Hitherto in the county of London the first step towards bringing into operation the provisions of the Acts as to the provision and maintenance of burial grounds in any area has been the passing of a resolution by the proper body, usually an elective vestry, that a burial ground be provided for that area. The execution of the provisions of the Acts in question in the county of London was in all cases until recently in the hands of a burial board, elected by the vestry or other body passing the resolu- tion to provide a burial ground or their successors, and acting in many respects subject to the control of that vestry or body. Lately, however, the Local Government Board have in many cases transferred the functions of burial boards to elective vestries by orders under sect. 33 of the Local Government Act, 1894, as t0 which section see the note to sect. 1 6 of the present Act. It will be observed that sub-sect. (4) of the present section refers to the " adoption " of the Burial Acts. These Acts, however, do not in terms provide for their being "adopted," nor do they use any equivalent expression with reference to the steps that bring their provisions as to the provision, &c, of a burial ground into active operation ; and there is nothing in the present Act either expressly or by reference defining the meaning of the " adoption " of the Burial Acts. The Local Government Act, 1894, however, speaks of the adoption of the Burial Acts, and sect. 7 (8) of that Act provides that for the purposes of that Act " the passing of a resolution to provide a burial ground under the Burial Acts, 1852 to 1885, shall be deemed an adoption of those Acts." And doubtless the expression " adoption " of the Burial Acts in the present Act must be taken to refer to steps by which the provisions of the Acts as to the provision of a burial ground are brought into full operation ; though whether it has exactly the same meaning as in the Act of 1894 is not clear. This question is further discussed below. The provisions as to the areas for which the provisions of the Burial Acts may be "adopted," using that expression in the sense just explained, are complicated. In the ensuing account of these provisions it will be convenient to avoid the expression " adoption," and to speak of the establishment fflf a burial board for an area as a com- AJoptivc Acts.. 79 pendious way of describing the bringing into hill operation of the 62 & 63 Vict provisions of the Acts in question. 1 ;, s. 4 In the first place, under sect. 10 of the Burial Act, 1852, a burial (2 ■ 1 • board may be established for any "parish," that expression being defined, by sect. 52, as meaning, unless there should be " something in the subject or context repugnant to such construction," "every place having separate overseers of the poor, and separately maintaining its own poor." It was held, under this Act. in Reg. v' Sudbury Burial Board (iS>S) E. B. & E. 264: 6 W. R. 551. s. c nom. Reg. v. St. Peter &c., Burial Board, 27 L. J. Q^ B. 2 32 ; 4 Jur. (N. s. 1 948, that this defini- tion of parish was not exclusive, and that a burial hoard might be established for an ancient ecclesiastical parish that had not separate overseers and did not separately maintain its own poor. In that case, however, it was not pointed out that under the Act of 1S52 a burial board appointed for any area other than a poor law- parish, would not have had any means of obtaining funds ; and the correctness of the decision is on that ground open to serious doubt : See Reg. v. H'alcot Overseers (1862) 2 B. & S. 555 531 L. J. M. ('.. 21 - : 6 L. T. 320; 10 W. R. 599: and see Reg. v. Wright (1861) S Jur. (U.S.) 260; 5. L. T. 345; 10W.R. 86. Sect. 11 of the Burial Act, 1855, provides that " where a parish or place has been united with any other parish or place, parishes or places, for all or any ecclesiastical purposes, or where two or more parishes or places have heretofore had a church or a burial ground for their joint use, or where the inhabitants of several parishes or places have been accustomed to meet in one vestry for purposes common to such several parishes or places," a burial board may be •established for the several parishes or places. Sect. 12 of the same Act also enables a burial board to be established for any parish, town- ship, or other district not separately maintaining its own poor, which •had before the passing of that Act a separate burial ground. In Finer v. Tonbritlge Overseers (1859), 2 E. & E. 9; 28 L. J. M. C. 251 ; 5 Jur. (N. S.) 1293 ; 7 W. R. 553, it was held that the last-mentioned enactment, where a burial l>oard had been established for an ecclesiastical parish forming part of a poor law parish, impliedly authorized the establishment of a burial board for the residue of the poor law parish. And in Reg. v. Tonbr'ul^e Overseers (1884), 13 <^B. D. 339; 53 L. J. Q^ B. 48S ; 51 L. T. 179; 33 W. R. 24: 48 J. P. 740, it was held that under the enactment a burial board might be established for an area forming part of a larger area for which a burial board had already been established, though the result would be that the former area would have been placed under the jurisdiction of two burial boards. Sect. 5 of the Burial Act, 1S57, enables a burial board to be established for " any parish, new parish, township, or other district not separately maintaining its own poor, and which has no separate burial ground"; and provides that upon the establishment of a burial board for such an area " the powers of any other vestry or meeting and burial board, if any, shall then cense and determine, so far as relates to such parish, new parish, township, or district." Under this enactment it was held, in Reg. v. H'alcot, St. Svuit&in, Overseen I r86a), 2 B. .v S. 571 ; 31 L. J. M. C. 221 ; 6 L. T. 325; 10 \V. R. 602. that a burial board might be established for a new parish forming a portion of a poor law parish, though a burial board hail already been established for the whole poor law parish. Probably the word "district" in this enactment is used as meaning only some area of similar nature to a parish or township, and not as including any area whatsoever. A 80 London Government Act, 1899. 62 & 63 Vict, former Home Secretary is known to have acted on this view of the c. 14, s. 4 meaning of the expression. Sect. 9 of the same Act renders the (2), n. approval of the Secretary of State necessary to the establishment of a burial board for united parishes or places under the Act of 1855, where any of the several parishes or places separately maintains its own poor or has a separate burial ground ; and enables the Secretary of State to direct that any such parish or place shall be excepted, in which case a burial board may be established for the remaining parishes and places. Sect. 4 of the Burial Act, 1S60. renders the approval of the Secretary of State necessary to the establishment of a burial board for any parish or place where such parish or place has been divided into parts for all or any ecclesiastical purposes, and any one of such parts has a separate burial ground. By sect. 1 of the Burial Act, 18 71, the manner in which the consent of the Secretary of State to the establishment of a burial board is to be obtained. The above-mentioned provisions of the Acts apply equally within and without the metropolis .; but they have been considerably affected outside the administrative county of London by provisions in the Local Government Act, 1894, which need not be further referred to here. Under the Burial Acts the power of framing the necessary resolu- tions for the establishment of a burial board for a " parish " within the meaning of the Act of 1852, was in all cases in the vestry of the parish (15 Sc 16 Vict. c. 85, s. 10); the burial board was to be elected bv the vestry (ib., s. 11) ; and the burial board were in many respects subject to the control of the vestry. In other areas above mentioned for which a burial board might be established, the power of passing the necessary resolutions for the establishment of a burial board, and the power of electing and controlling the burial board appear in all cases to have been in the " vestry or meeting in the nature of a vestry " for the area (see 18 & 19 Vict. c. 128, ss. 11. 12: 20 & 21 Vict. c. Si, s. 5). The parishes in London under elective vestries appear to be in every case parishes within the Burial Act, 1852, and it is clear that the elective vestry of such a parish are a vestry within that Act : see sect. 8 of the Metropolis Management Act, 1855. And in London the powers under the Burial Acts of the vestry of a parish, or of the vestry or meeting in the nature of a vestry for an area other than a parish, remain substantially unaffected except so far as the transfer of the functions of a burial board to an elective vestry have in some cases rendered the election of a burial board unnecessary, and caused the controlling powers of the vestry to coalesce with the executive powers under the Acts: see the saving in sect. 91 of the Metropolis Manage- ment Act, 185 1, as to the vesting, etc.. of an area other than a parish with an elective vestry. It should be added that by sect. 23 of the Burial Act, 1852, the vestries of any parishes which have respectively resolved to provide burial grounds may concur in providing one burial ground for the common use of the parishes upon terms to be agreed upon, and in that case the burial boards affected for the respective parishes are to act as a joint burial board for the whole area. And by sect. 1 of the Burial Act, 1857, it is provided that where a joint burial board is thus constituted for more than two parishes, the controlling powers of the vestrv may be exercised by the vestries of the majority of the parishes. VVher'e the Acts have been adopted for a parish under an elective vestrv before the appointed day, the council of the borough confining Adoptive Acts. Si that parish will, under tlic- present section, succeed both to the 62 & 63 Vict, functions of the burial board, cither immediately or through the elective c. 14, s. 4 vestry in cases where the powers of the burial board have been trans- 2), n. ferred to the vestry, and to the controlling functions of the elective vestry. If, however, the Burial Acts have been adopted for an area other than a parish under an elective vestry before the appointed day, and the controlling powers under the Acts are consequently in the hands of some vestry or meeting in the nature of a vestry other than an elective vestry, it appears that (unless it is otherwise provided by a scheme under the present Act) the controlling powers will not pass to the borough council, but will remain in such non-elective vestry or meeting in the nature of a vestry. In some cases of borough exten- sions, it may be mentioned, where the functions of a burial board have been transferred to the borough council, the controlling powers of the vestry have been abolished by a clause providing that the council shall execute the Burial Acts as it" they had been constituted a burial board by Order in Council under the Burial Act, iS; 4 . As to this Act, sec post, p. 82. The provisions as to the "adoption " of the Acts after the coming into operation of the present Act must now be considered. Sub-sect. (4) of the present section provides that "any of the adoptive Acts may be adopted in a metropolitan borough in like manner as in a borough outside London, and not otherwise, and where any of the adoptive Acts adopted before the appointed day, does not extend to the whole borough, the Act may be adopted in the rest of the borough in like manner as if it were a separate borough and the borough council were the council thereof." It will be observed that this clause speaks of adoption of the Acts in a borough, not for a borough. If the expression " adoption " in connection with the Burial Acts has the same meaning as in the Local Government Act, 1894, ar, d refers, accordingly, to the passing of a resolution that a burial ground be provided, sub-sect. (4), as applied to the Burial Acts, has compara- tively little meaning, since no special provision is made as to the passing of such a resolution in a non-metropolitan borough, and such resolutions may be passed by the vestry or meeting in the nature of a vestry for a parish or other area in such a borough just as they may for a parish or other area in a non-municipal urban district, or (except that the powers of the vestry or meeting in the nature of a vestry as to the passing of such resolutions are now in rural parishes vested in a parish meeting) in a rural district. On this view of the matter, it seems that the borough council will be able to "adopt" the Acts for any parish in their borough as successors of the elective vestry of that parish, and, if they so adopt the Acts, will carry them out in that parish, and, as regards that parish, exercise also the controlling powers of the vestry. But they will not have power to adopt the Acts for their whole borough, unless their borough is identical with such a parish, nor, where the Acts are already in force for part of the borough, for the whole of the residue of their borough, unless that area is identical with such a parish. Further, on this view of the matter, the Acts might after the appointed day be adopted for any area in a borough falling within the descrip- tion of areas for which a burial board can be established under the provisions of the Acts above mentioned, by a meeting in the nature of a vestry for that area. And, if the Acts were SO adopted they would be carried out for such area by the borough council, acting, however, Q 82 London Government Act, 1899. 62 & 63 Vict, subject to the control of that meeting. Having regard to sect 62 (2) c. 14, s. 4 of the Local Government Act, 1894, however, which provides that (2), n. " any of the adoptive Acts shall not be adopted for any part of an urban district without the approval of the council of that district," and which applies, therefore, in municipal boroughs, with the exception probably of county boroughs, it seems that the Acts could not be adopted for such an area without the consent of the borough council. There is, however, another possible interpretation of sub-sect. (4) of the present section as regards the Burial Acts. Under the Burial Act, 1854, the council of a municipal borough may be constituted a burial board for their borough, or in some cases for'their borough with the exclusion of certain parts thereof, by Order in Council, and in that case the borough council act as a burial, board freed from the controlling powers exercised in the case of an ordinary burial board by the vestry or meeting in the nature of a vestry. And, it may be that sub-sect. (4) of the present section should be interpreted as applying the Act of 1854 to metropolitan boroughs, either to the exclusion of any other provision for the bringing of the Burial Acts into force, or as an additional method of bringing them into force. This would certainly be the most convenient interpretation of the sub-section, though, no doubt, it involves some stretching of the word " adoption." Expenses under the Burial Acts at present fall on the poor rate,, or, in the case of an area other than a parish, on a rate in the nature of the poor rate or an addition to the poor rate (15 & 16 Vict. c. 85, ss. 19, 22 ; 18 & 19 Vict. c. 128, ss. 11, 13; and see Reg. v. Keighky Overseers, Loc. Gov. Chron., 1897, 47). The Public Libraries Acts, 1892 and 1893.— The object of these Acts (55 8c 56 Vict. c. 53; 56 Vict. c. n), by the first of which the earlier Public Libraries Acts were repealed and replaced, is to enable public libraries, public museums, schools for science, art galleries, and schools for art to be provided. The Act of 1893 has at present no application in London, and attention may therefore be confined for the moment to the Act of 1892. That Act may be adopted for any " library district," and is to be deemed to have been adopted for any library district in which the Acts it repealed were in force immediately before its commencement (55 & 5 6 Vi ct - c. 53, ss. 1, 28, 30) ; and where adopted, it is carried out by a " library authority " {ib. s. 4). In London, outside the City, the library districts are: every poor law parish, whether within the district of a district board or not, and every district of a district board {ib. ss. 1 (2), 22). But where the Act has been adopted in a parish within such a district, the parish is to be treated in all respects for the purposes of the Act as if it were outside the district ; and where the Act has been adopted for such a district, it cannot afterwards be adopted for any parish in the district without the consent of the Local Government Board {ib. s. 22, (5, 6)). Two or more neighbouring library districts for which the Act has been adopted are enabled to combine for carrying its provisions into execution {ib. ss. 9, 22 (4)); and provisions are made enabling a parish to be annexed to an adjoining or neighbouring library district for the purposes of the Act {ib. s. 10). The Act provides that a rate for the purposes of the Act is not in any case to exceed one penny in the pound in any financial year ; and Adoptive Acts. &$ that it may be adopted subject to a condition cutting down such 62 & 63 Vict, maximum to a halfpenny or three farthings (ib. s. 2 ; as to thee. 14,5.4 meaning of financial year see ib. s. 2-). These provisions must now, [2 however, he read subject to sect. S of the Agricultural Rates Act. [896 (59 & 60 Vict. c. 1 6), which provides that "a limit imposed by any enactment on a rate shall be construed as being only a limit on the amount to be raised by that rate, and where by that limit or otherwise the sum to be raised or expended by a local authority is limited by any enactment by reference to a rate, the limit shall be varied so as to enable the local' authority to raise or expend the same sum as they might have done if this Act had not passed." The limit, it may further be mentioned, is not to be computed by mere calculation from the rateable value of the area, but with reference to the amount a rate of so much in the pound would actually produce after the necessary deduc- tions for allowances to owners of small tenements, unoccupied property, &c. (see Exp. Brown ( 1SC2), 31 L. J. M. C. 10S ; S. C. nom. Rgg. v. Liverpool ././., 8 Jur. (N. S.) ^42 : 6 L. T. 241). Where a condition has been imposed cutting down the maximum, the limit may after- wards be raised from a halfpenny to three farthings, or from either a halfpenny or three farthings to the full penny (55 & 56 Vict, c. 53, s. a). For the purpose of deciding in a library district in London as to the adoption of the Act, and as to tixing or raising the limitation on the amount to be raised for the purposes of the Act, the opinion of the " voters " is, upon the requisition of ten or more voters in the library district, to be taken by means of voting-papers in the manner provided by the Act {ib. ss. 3, 22). Certain of the powers of the library authority are also to be exercised only with the consent of the "voters," and in that case also their opinion on the matter is to be ascertained in like manner by means of voting papers (ib. ss. 3, 10, 16). The " voters" are the county electors registered in respect of qualifi- cations within the library district {ib. s. 27). Where the Act is adopted it is carried into effect by a library authority. Until lately the library authority in London was in all cases a 'body of commissioners appointed by the vestry or district board of the parish or district constituting the library district {ib. ss. 4, 5, 22 (2), and see, as to the election, constitution, and proceedings of the commissioners, ss. 5-8), special provision being made as to tlu.- appointment of the commissioners where library districts are com- bined, or where a parish is annexed for the purposes of the Act to another library district (ib. ss. 9, 10, 22 (4)). Lately, however, the functions of a body of library commissioners have in many cases been transferred to an elective vestry by an order of the Local Government Board under sect. 33 of the Local' Government Act, 1894, as to which section see the note to sect. 16, post. A body of commissioners acting as library authority are to some extent subject to the control of the vestry or district board by whom they are appointed. Under the present section the councils of the metropolitan boroughs will succeed to the functions of existing library authorities, and will also have the controlling powers of the vestry or district board. There is. however, nothing to transfer to the council generally the functions of the "voters," while on the other hand sect. ::. which inter alia regulates the taking of the opinion o\ the "voters "in a district under a district board, is repealed, and the provisions which regulate the taking of the opinion of the voters in a parish are not adapted so as to render them applicable to taking the opinion of the G 2 84 Lou Jon Government Act, 1899. 62 £'63 'Vic*, voters in a borough. On the whole, however, it is submitted that the c. 14, s. 4 power of the voters will continue to exist, and that the provisions of ( 2 )r "• the Act as to ascertaining the opinion of the voters must be read with such modifications as are required to fit them to cases where the Act is in force for a borough or part of a borough, whether that area is a parish or not. The provisions as to the adoption of the Public Libraries Acts in future must now be considered. Under sub-sect. (4) of the present section, the Public Libraries Acts may be adopted in a metropolitan borough in like manner as in a borough outside London and not otherwise. In a borough outside London the provisions of sects. 2 and 3 of the Public Libraries (Amendment) Act, 1893, a PPty with regard to the adoption of the Act. Sect. 2 provides that, " Where a library district is an urban district — (1) The principal Act [i.e., the Act of 1892] may, subject to the conditions contained in the second section of that Act, be adopted, and the limitation of the maximum rate to be levied for the purposes of that Act may within the limits fixed by that Act be fixed, raised, or removed by a resolution of the urban authority under this Act: (2) The consent of the urban authority, given by a resolution of that authority under this Act shall be substituted in an urban district for the consent of the voters in any case when the consent of the voters is required under the principal Act." Sect. 3 deals with the formalities to be observed in connection with the passing of resolutions under the Act. It will be observed that sect. 2 (1) of the Act of 1893 treats the fixing of the limitation on the maximum rate as distinct from the adoption of the Act; and that sub-sect. (4) of the present Act speaks only of the adoption of the adoptive Acts. It is arguable, therefore, that where the council of a metropolitan borough adopt the Act after the appointed day, it will be open to ten or more voters in the borough or part of a borough to require that the opinion of the voters should be taken as to whether there should be a limitation on the rate within the full penny. But this interpretation seems so unreasonable that the power of the borough council to adopt the Act would very probably be held to include a power to fix the limitation or to deter- mine that there should be no limitation except the statutory limitation of a penny. The other powers of the voters will, it seems, remain in existence as regards a borough or part of a borough for which the Acts are adopted after the appointed day. The expenses under the Public Libraries Acts, in a library district being a parish, are to be defrayed out of a rate to be levied with and as part of the poor rate, subject to this qualification ; " that even- person assessed to the poor rate in the said parish in respect of land's used as arable, meadow, or pasture ground only, or as woodlands or market gardens, or nursery grounds, shall be entitled to an allowance of two-thirds of the sum assessed upon him in respect of these lands for the purposes" of the Acts (55 & 56 Vict. c. 53, s. 18 (1)). It seems that the Agricultural Rates Act, 1896 (59 & 60 Vict. c. 16). does not apply to such a rate, and therefore, that the proportions in which different kinds of property should contribute to the rate are not affected by that Act (see ib. s. 1 (2 #)). In general, of course, the old proportions can be preserved by reducing the allowance in the case of such of the partially exempted land as falls within the definition of " agricultural land," to one-third. In a library district being a district under a district board, the Adoptive Acts. &5 expenses are to be paid by the board as part of their expenses under 62 & 63 Vict, the Metropolis Management Acts (55 ^v 56 Vict, c. 53, s. 22 (3)). c. 14, s. 4 In such a library district, therefore, there are no special exemptions (2), n. in favour of particular classes of property. The existing exemptions will no doubt be preserved by a scheme- under sect. 10 of the present Act. But unless specific provisions on the point are made by a scheme, a difficulty will arise in cases where the Acts are adopted by a borough council. The council will not adopt the Acts for a parish as such nor for a district of a district board as such, and consequently it will be doubtful whether the privileged classes of property ought to enjoy the partial exemption or not. (3) The powers of a borough council shall, save as in this Act mentioned, extend to the whole of their borough. Provided thai any power or duty of the council under any Act, whether general or local, conferring powers in relation to sonic particular parish or district, or part of a parish or district, shall be exercised and performed by the council either throughout the borough or in a limited part thereof, or shall cease to be exercised and performed, as maybe provided by a scheme under this Act, having regard to the object of the Act under which the power or duty arises, and to the nature of any change of area or alteration of boundary made by or under this Act. (4) Any of the adoptive Acts may be adopted in a metropolitan borough in like manner as in a borough outside London, and not otherwise, and where any of the adoptive Acts adopted before the appointed day does not extend to the whole borough, the Act may be adopted in the rest of the borough in like manner as if it were a separate borough and the borough council were the council thereof. Note.— Adoption of Adoptive Acts.— This sub-section has been discussed in the note to sub-sect. (2). Sect. 5.— (1.) As from the appointed day the powers Transfer, f and duties of the London County Council under the ^^ K>m enactments mentioned in Part One of the Sec, aid Cormt - Schedule to this Act shall, subject to the conditions Council. mentioned in that schedule, be transferred to each borough council as respects their borough. Note.— Transfer of Powers from London County Council. — The powers and duties of the London Council, trans- ferred to the borough councils by the present sub-section, are dis- cussed in the note to Part 1. of the Second Schedule. They consist of powers and duties under the London Building Act, 1S74, as to 86 London Government Act, 1899. 62 & 63 Vict, the administration of provisions of that Act relating to wooden c. 14, s. 5 structures, sky-signs, and obstructions in streets ; and powers and (1), n. duties under the Public Health (London) Act, 1891, as to the registration of dairymen. As to the expenses of and incidental to powers and duties trans- ferred by the present Act from the London County Council to a borough council, see sect. 7. (2.) As from the appointed day the powers of the London County Council under the enactments mentioned in Part Two of the Second Schedule to this Act may, subject to the conditions mentioned in that schedule, be exercised also by each borough council as respects their borough. Note. — Powers of London County Council exercise- able by Borough Council. — The powers conferred on borough councils by the present sub-section, taken in conjunction with Part II. of the Second Schedule, which are discussed at some length in the note to Part II. of that schedule, are some of them of very con- siderable importance. And it may be useful to summarise them very shortly here. Firstly, the borough councils are given certain powers as to the demolition of buildings and structures that contravene the provisions of the London Building Act, 1894; but as to the scope of these powers there is a good deal of doubt. Secondly, they are given powers to enforce the provisions of the London Building Act, 1894, as to timber-stacks and like erections. Thirdly, they are given powers under the Metropolis Water Acts in relation to the regulations of any water company supplying water in the borough, as to the prevention of waste or misuse of water, or the undue consumption or contamination of water. Under these powers they will be able to take steps to secure alterations in such regulations and will have a right to be heard on inquiries as to any proposed alterations in such regulations. Fourthly, they are given powers to make complaints to the Railway and Canal Commissioners, and to oppose complaints to these Commissioners made by others. Such complaints relate to alleged defaults by railway and canal companies in the discharge of their statutory duties. Fifthly, they are given like powers with a county council for the acquisition of land. Under these powers the council will be able, if they cannot acquire land which they require by agreement, to apply to the Local Government Board for a Provisional Order enabling them to acquire land under the compulsory clauses of the Lands Clauses Acts. The powers for the acquisition of land thus given to the council will be in addition to various special powers for the acquisition of land for special purposes, which they will take by transfer from the various existing authorities to whose functions they will succeed. Sixthly, they are given power to adopt Part III. of the Housing of the Working Classes Act, 1890. Part III. of that Act is mainly directed to enabling a local authority, where they have adopted its provisions, to provide lodging-houses for the working classes. Though, however, the council of a metropolitan borough are empowered to Transfer of Powers from London County Council. 87 adopt Part III. of the Act, there may be very considerable difficulty C2 & 63 Vict. in the way of their effectually carrying it out, seeing that it contains c. 14. detailed provisions quite inapplicable to a metropolitan borough (2), n. council as to the manner in which it is to be carried out, and that the present Act does not, as might have been expected, make the adaptations in these provisions necessary to tit them to a case where Part III. i^ to be carried out by such a council. Possibly, however, this difficulty may be met by the provisions of a scheme made under the present Act. Lastly, they are given powers to make bye-laws tor the good order and government of their borough, and tor the suppression of nuisances not capable of being dealt with summarily under statute law. (3.) The Local Government Board may, if they think lit, on the application of the London County Council and of the majority of the borough councils, make a Provisional Order for transferring to all the borough -councils any power exerciseable by the County Council, or for transferring to the County Couneil any power exerciseable by the borough councils. Note.— Transfer of Powers by Provisional Order.— As to Provisional Orders under the present Act, see sect. 28 and the note thereto. As to the expenses connected with powers transferred by Pro- visional Order under the present section, see sect. 7. (4.) The Local Government Uoard may also, on the joint application of the London County Council and the Common Council of the City of London, make a Pro- visional Order transferring any power from the County Council to the Common Council, or from the Common Council to the County Council. Sect. 6. — (1.) As from the appointed day the power Additional and duty of maintaining any main road existing at the P ^^ passing of this Act within a borough shall be transferred ^ugh to the borough council, and the road shall vest in the councils. borough council and shall cease to be a main road. Note.— Main Roads.— " Main roads" in the technical sense in which the expression is used in the present sub-section, were first defined and placed in a position different from other road-, by the Highways and Locomotives (Amendment) Act, is-s ^41 ^v 42 Vict •c 77). ' That Act provides that every turnpike road disturnpiked after December 31, 1870, whether before or after the passing of the Act of 1S7S, shall be a "main road": enables other roads to be •declared " main roads " ; and provides for the dismaining of main roads, if it is found desirable, that is, for their reduction to the status of ordinary highways (.see ib. ss. 13-16). Under the Act of iS-S a portion of the cost of maintaining a main road was to tall on the 88 London Government Act, 1899. 62 & 63 Vict, county, or, in certain instances, under a provision of very limited c. 14, s. 6 application, on the hundred (41 & 42 Vict. c. 77, ss. 18-20). (')> n - The provisions of the Act of 1878 as to main roads did not originally apply to London; see sect. 2 of that Act. But they were extended to the administrative county of London by the Local Government Act, 1S88, under which Act the main roads in every administrative county were made maintainable by the county council, subject to provisions enabling the Common Council in the City of London, the administrative vestries and district boards in the rest of the administrative county of London, and urban authorities elsewhere, to claim to retain the power of maintaining main reads; see sects. 11 and 41 (4) of the Act of 1888. Where a main road is thus retained the county council contribute annually towards the cost of its maintenance. The effect of this legislation as regards London is that all roads in London disturnpiked subsequently to December 31st, 1870, became main roads on the coming into operation of the Local Government Act, 1888, and that the general law as to dismaining main roads and declaring ordinary highways to be main roads thereupon came into force in London. Though under the present sub-section existing main roads in London, outside the City, will be reduced to the status of ordinary- highways, and will consequently become repairable by the borough councils, the provisions under which roads may be declared main roads are not_ repealed as to London, and it seems that after the present Act comes into operation these provisions may be acted upon in London even as regards the roads dismained by the present sub-section. The provisions under which highways may be declared main roads are contained in sect. 15 of the Highways and Locomotives Act. 1878 (41 8c 42 Vict. c. 77), which provides as follows : — "Where it appears to any highway authority that any highway within their district ought to become a main road by reason of its being a medium of communication between great towns, or a tho- roughfare to a railway station, or otherwise, such highway authority may apply to the county authority [now the county council ; see 51 & 52 Vict. c. 41, s. 3 (viii.) ] for an order declaring such road, as to such parts as aforesaid, to be a main road; and the county authority, if of opinion that there is probable cause for the application, shall cause the road to be inspected, and, if satisfied that it ought to be a main road, shall make an order accordingly. " A copy of the order so made shall be forthwith deposited at the office of the clerk of the peace of the county, and shall be open to the inspection of persons interested at all reasonable hours ; and the order so made shall not be of any validity unless and until it is con- firmed by a further order of the county authority made within a period of not more than six months after the making of the first- mentioned order." When a road in a metropolitan borough is thus declared a main road after the coming into operation of the present Act, the council of the borough will have power, under sects. 11 (2) and 41 (4) of the Local Government Act, 1888, at any time within twelve months from the time when the road becomes a main road, to claim to retain the power and duty of maintaining it, and in that case the county council will be required to contribute towards its maintenance. It is not within the scope of this work to discuss the provisions as to contributions by a county council towards the maintenance of a main road or the numerous cases that have been decided with reference to such contributions. Main Roads. 89 In the county of London main roads may be dismained by pro- c,z & 63 Vict visional order of the Local Government Board, made on the applica- c. 14, s. 6 tion of the county council, and confirmed by Parliament (41 & 42 Vict (i), n. c. 77, ss. 16, 34). Elsewhere the necessity for a provisional order has been abolished by the Highways and Bridges Act. [891 54 ec 55 Vict. C. 63, s. 4), but that Act does not extend to the county of London, though it does apparently extend to the City. (2.) Where a highway in a borough is repairable by the London County Council by reason of its being tin- roadway or footway of a bridge, embankment, or other- wise, the borough council shall, if so required by the county council, undertake the maintenance and repair thereof in consideration of such annual payment by the county council as may from time to time be agreed on, or in default of agreement be finally determined by the Local Government Board, and for the purpose of the undertaking the borough council shall have the same powers ami be subject to the same duties and liabilities as if the highway were vested in them. Note.— Roads over Bridges, etc.— Roads over bridges and roads leading to bridges may, in some cases, be repairable by the London County Council by virtue of the common law obligation of the inhabitants of a county to repair not only the substructure of bridges, but also the roads over bridges and the approaches to bridges. As to this common law obligation, which was taken away by sect. 2 1 of the Highway Act, 1835 (5 & 6 Will. IV. c. 50), as to bridges built subsequently to that Act, see Glen's "Highways" (2nd ed.) pp. 118, et seq. The present sub-section will, however, have a more extensive application to roads repairable by the London County Council under the numerous special Acts relating to bridges and their approaches and embankments in London. As to the determination of questions by the Local Government Board under the present Act, see sect. 28 (3). (3.) The power of a borough council to close or stop u]) a street under section eighty-four of the Metropolis 25 & 26 Viofc. Management Amendment Act, 1862, shall not require c. 102. tlir sanction or allowance of the London County Council. Provided that before closing or stopping any such Btreet the borough council shall give notice to the councils of any contiguous boroughs. Note. — Closing of Streets. -Sect. s 4 of the Metropolis Management Amendment Act, 1S62. provides that " it shall be lawful for any vestry or district board \jwith tht previous sanction of Metropolitan Board of Works]) to close or stop up any street within their parish or district, during the execution of any paving, seweragi . or other works by such vestry or board in such street, and to keep the same closed and stopped up for such time as shall be necessary in that behalf [and allowed bj the Metropolitan Boar,/"]. 90 London Government Act, 1S99. 62 & 63 Vict. The words in italics are expressly repealed as from the appointed c. 14, s. 6 day by sect. 35 (.2) of the present Act and Sched. III. (4.) It shall be the duty of each borough council to enforce within their borough the byelaws and regulations for the time being in force with respect to da iries and milk, and w ith respect to slaug hter-house s7~~Tni acke rs* yards, and offensive businesses, and for the purpose of performing this duty the borough council shall in all cases have the same powers of" entry" as they have in the case of slaughter-houses and knackers' yards, and if the council make default in performing this duty, the 54 & 55 Vict, provisions of the Public Health (London) Act, 1891, s- 76. shall apply as if the default were a default under that Act. Note. — Dairies and Milk. — Regulations with reference to dairies and milk made by the Metropolitan Board of Works on July 3rd, 1885, are at present in force in London. These regulations were made under Art. 13 of the Dairies, Cow- sheds, and Milkshops Order of 1885, which Order was made by the Privy Council under sect. 34 of the Contagious Diseases (Animals) Act, 1878 (41 & 42 Vict. c. 74). By sect. 9 of the Contagious Diseases (Animals) Act, 1886 (49 & 50 Vict. c. 32), the powers of the Privy Council under sect. 34 of the Act of 1878 were transferred to the Local Government Board, and the section was otherwise amended; but it is thereby provided that "the Dairies, Cowsheds, and Miikshops Order of 1885, and any regulations thereunder, or having effect in pursuance thereof, made by a local authority under the principal Act [the Act of 1878], other than the local authority of a county, shall be deemed to have been made respectively by the Local Government Board and by a local authority under this section." This provision preserved the regulations of the Metropolitan Board of Works of 1885. The above-mentioned provisions of the Contagious Diseases (Animals) Acts, which were excepted from the general repeal of those Acts by the Diseases of Animals Act, 1894 (5 7 & 58 Vict. c. 57), are now repealed, as regards London, by the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), and are replaced by sect. 28 of that Act, which provides as follows : — " (1.) The Local Government Board may make such general or special orders as they think tit for the following purposes, or any of them, that is to say, — " (/?) for the registration with the county council of all persons carrying on the trade of dairymen : " (Z>) for the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water supply of dairies in the occupation of persons carrying on the trade of dairymen ; " (r) for securing the cleanliness of milk vessels used for containing milk for sale by such persons ; " (d) for prescribing precautions to be taken for protecting milk against infection or contamination ; " (e) for authorising the county council to make bye-laws for the purposes aforesaid, or any of them." Enforcement of certain Bye-laws^ ct-c. 91 The Local Government Board have not, however, as yet, exercised 62 & 63 Via. their powers under the above section; and the above-mentioned Order c. 14, s. 6 of 1885, and the regulations of the .Metropolitan Hoard of Works U)> »• under it, remain in force by virtue of sect. 142 (2, 6) of the Public Health (London) Act, 1891, which provides that "all orders, bye- laws, rules, regulations, and notices duly made or issued under or having effect in pursuance of any Act hereby repealed shall be of the same validity and effect as if they had been given, made, or issued under this Act, and any penalties recoverable under any such order, bye-law, rule, regulation, or notice may be recovered as if they were imposed by bye-laws under this Act." By sect, 5(0 of the present Act and Part I. of the 2nd Schedule. the power of the London County Council " under sect. 28 of the Public Health (London) Act, 1891, of registering dairymen," is transferred to the borough councils, subject to the conditions in that schedule mentioned. At present this must be read as referring to the power of registering dairymen possessed by the London County Council as the local authority for London, outside the City, under Art. 6 of the Order of [885. •• Dairyman " is defined by sect. 141 of the Act of 1S91 as including u any cowkeeper, purveyor of milk, or occupier of a dairy." As to the meaning of " cowkeeper, - ' see Umfrcville v. London County Council (1896), 66 L. J. Q^B. 177; 75 L. T. 55c; 6z J. P. 84. Slaughter-houses, Knackers' Yards, and Offensive Businesses. — Several series of bye-laws dealing with these busi- nesses and made under the Slaughter-houses, dec. (Metropolis) Act, 1874 (37 & 38 Vict. c. 67), either by the London County Council or by the Metropolitan Board of Works, are at present in force in London. The businesses to which such bye-laws relate are those of animal charcoal manufacturer, blood boiler, blood drier, bone boiler, catgut maker or catgut manufacturer, fat extractor, fat melter, glue and size manufacturer, gut scraper, knacker, manure merchant, slaughterer of cattle, soap boiler, tallow melter, and tripe boiler. The Slaughter-houses, &c. (Metropolis) Act, 1874, is repealed by the Public Health (London) Act, 1 8 9 1 (54 <& 55 Vict. c. 76), and the provisions of the former Act under which the bye-laws above mentioned were made are replaced by provisions in sect. 1 9 of the latter Act. Under that section the London County Council have power to make bye-laws with respect to the following businesses :- Blood boiler, bone boiler, manure manufacturer, soap boiler, tallow melter, knacker, fellmonger, tripe boiler, slaughterer of cattle or horses, or any other business which the county council may declare by order, confirmed by the Local Government Board, and published in the London Gazette, to be an offensive business. The power of the London County Council to make bye-laws under this section has not yet been exercised. The bye-laws above mentioned made under the repealed Act of 1S74 arc preserved by sect. 142 of the Public Health (London) Act, 1S91, above quoted. Power of Entry. — The powers of entry that the council of a metropolitan borough will have tor the purposes of their duties under this sub-section are given by sect. 20 (7) ofthe Public Health ("London) Act, 1S91, which provides that "the sanitary authority shall have a right to enter any slaughter-house or knacker's yard at any hour by day or at any hour when business is in progress or is usually carried on therein, for the purpose of examining whether there is any contra- 92 London Government Act, 1899. 62 & 63 Vic', vention therein of this Act or of any bye-law made thereunder." As c. 14, s. 6 to the exercise of the right, see sect. 115 of the Act and Vines v. North (4K n - London Collegiate School (1899) 63 J. P. 244. Default of Council.— The provisions of the Public Health (London) Act, 1891, as to default by a sanitary authority in the execution of that Act, are contained in sects. 100 and 10 1. Sect. 100 enables the London County Council, on its being proved to their satisfaction that a sanitary authority have made default with respect to certain matters, to exercise certain powers of the sanitary authority with reference to these matters, and provides for the recovery of the expenses of exercising their powers from the sanitary authority in default in certain cases. Sect. 10 1 enables the Local Government Board, upon complaint by the London County Council, and after inquiry, to make an order for the performance of their duty by a sanitary authority in default. If the order is not complied with it may be enforced by mandamus, or the Local Government Board may appoint the county council to perform the duty. The section contains various provisions as to the effect of an appointment of the county council to perform the duty of a sanitary authority in default. (5.) A borough council may, with the consent of the Local Government Board, alienate any land for the time being vested in the council, and the proceeds of the sale of any land sold by the council shall be applied in such manner as the Local Government Board sanction towards the discharge of any loan of the council or otherwise for any purpose for which capital may be applied by the council. Note.— Alienation of Land. — The power to alienate land under the present subsection will be in addition to any special power of alienating land which the borough council may have ; but the pre- vision as to the application of the proceeds of sale will apparently override any special provisions in that behalf. The most general power that administrative vestries and district boards have to alienate land, is under sect. 154 of the Metropolis Management Act, 1855; but that section, except the last few words which deal with the letting of land, is repealed except so far as it applies to the Metropolitan Board of Works (now the London County Council), by sect. 35 (2) of the present Act and Sched. III. Recreation grounds, open spaces, and land held upon trusts which prohibit building thereon, are excepted from the operation of the present sub-section, by sect. 32. The council of a metropolitan borough will generally have power to let land, which they possess and do not for the time being require, under the unrepealed provisions of sect. 154 of the Metropolis Management Act, 1855. And it seems, though the point is not free from doubt, that they will have a general power, with the consent of the Local Government Board, to let any land, which they possess and which they can conveniently spare, under sect. 177 of the Public Health Act, 1875; as to the application of that section, see the note to Part II. of Sched. II., on the "Acquisition of Land." They may also in particular cases have special powers to let land. Legal and Parli uncut try Proceedings. 03 It may be observed that the council of a metropolitan borough will 62 & 63 Vict, not in general be under any obligation to dispose of superfluous land i . 14. 5. 6 belonging to them. Such an obligation may, however, attach in (5), ". particular cases, for example under sect. 15; of the Metropolis Management Act, 1855, under which where land has been sold to a vestry or district board the vendor may have reserved a ri t 'ht of preemption in the event of the land becoming superfluous. (6) A borough council shall have the sum.- powers of promoting and opposing Kills in Parliament, and of prosecuting or defending any legal proceedings necessary for the promotion of protection of the interests of the inhabitants of their borough s as arc conferred on borough 35 & 36 Vict. councils outside Loudon by the Borough Funds Act, c. 91. 1872, and the provisions of that Act shall extend to the council of a metropolitan borough as if that council were included in the expression "governing body" and the borough were a district in that Act mentioned. Note. Borough Funds Act. -The provisions of the borough Funds Act, 1872 (35 6c 36 Vict. c. 91), which will apply in the case of the council of a metropolitan borough are as follows : — Sect. 2. "When in the judgment of a governing body in any district it is expedient for such governing body to promote or oppose any local and personal bill or bills in Parliament, or to prosecute or defend any legal proceedings necessary for the promotion or protection ot the interests of the inhabitants of the district, it shall be lawful for such governing body to apply the borough fund, borough rate, or other the public funds or rates under the control of such governing body to the payment of the costs and expenses attending the same: and when there are several funds or rates under the control of the governing body, such governing body shall determine out of which fund or funds, rate or rates, such expense shall be payable, and in what proportions: provided that nothing in this Act contained shall authorize any governing body to promote any bill in Parliament for the establish- ment of any gas or waterworks to compete with any existing gas or water company established under any Act of Parliament : Provided that no powers contained in this clause shall apply in any case where the promotion of or opposition to a bill by a governing body has been decided by a committee of either House of Parliament to be unreason- able or vexatious." Sect 3. "No payment to any member of a governing body for acting as counsel or agent in promoting or opposing any such bill shall be charged as aforesaid." Sect. 4. " No expense in relation to promoting or opposing any bill or bills in Parliament shall be charged as aforesaid unless incurred in pursuance of a resolution of an absolute majority of the whole number of the governing body at a meeting of the governing body, after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in some local newspaper published or circulating in the district, such notice to be in addition to the ordinary notices required for summoning such meeting, nor unless such resolu- tion shall have been published twice in some newspaper or newspapers circulating in the district, and shall have received, in respect of matters within the jurisdiction of the Local Government Board, the approval 94 London Government Act, 1899. 62 & 63 Vict, of such board, and in respect of other matters, the approval of one of c. 14, s. 6 ' Her Majesty's Secretaries of State, and in case of the promotion of a (6), n. bill in Parliament no further expense shall be incurred or charged as aforesaid after the deposit of the bill, unless the propriety of such promotion shall be confirmed by such absolute majority at a further special meeting to be held in pursuance of a similar notice not less than fourteen days after the deposit of the bill in Parliament : Pro- vided further that no expense in promoting or opposing any bill in Parliament shall be charged as aforesaid unless such promotion or opposition shall have had the consent of the owners and ratepayers of that district, to be expressed by resolution in the manner provided in the Local Government Act (1858) 1 for the adoption of that Act." Sect. 5. "The approval of the Local Government Board or one of Her Majesty's principal Secretaries of State, as the case may be, shall not be given to any such resolution as aforesaid until the expiration of seven days after the second publication thereof, as provided by this Act, and in the meantime any ratepayer within the district of the governing body may give notice in writing to the Local Government Board or Secretary of State objecting to such approval." Sect. 6. " All costs, charges, and expenses incurred under the provisions of this Act shall, before the same becomes chargeable, be examined and allowed by some person to be authorized by one of Her Majesty's principal Secretaries of State or by the Local Government Board, as the case may be." Sect. 7. " The Local Government Board, or one of Her Majesty's principal Secretaries of State, shall have power to direct a local enquiry to be held upon any application under this Act, by any person or persons whom they may respectively nominate for the purpose, and to charge the costs and expenses of such local enquiry upon the governing body or the person by whom such application shall be made." Sect. 8. " Nothing in this' Act shall extend or be construed to alter or affect any special provision which is or shall be contained in any other Act for the payment of the costs, charges, and expenses- intended to be provided for by this Act, or to take away or diminish any rights or powers now possessed or enjoyed by any governing body, or which are or shall be vested in or exercisable by the inhabitants, of any district under any general or special Act." Sect. 10. "The provisions of this Act shall not extend to applica- tions for any bill in Parliament for any object which would, for the time being, be obtainable by Provisional Order." The remaining sections of the Act are sect. 1, which defines "governing body"; sect. 9, which repealed certain provisions of the Towns Improvement Clauses Act, 1847 ; and sect. 1 1, which provides that the Act shall not apply to Ireland nor in London. As regards London sect. 1 1 is practically repealed, except as to the City, by the present sub-section. Legal proceedings.— The only reported case, so far as the writer is aware, in which the provisions of the Borough Funds Act as to expenditure on litigation have come in question, is A. G. v. Tyne- nioittb Corporation. There it was held in the Court of Appeal ([1898] 1 Q^B. 604; 67 L. J. Q. B. 489; 78 L. T. 372; 46 W. R. 518; 62 J. P. 292) that the Act did not justify a municipal corporation in defraying costs incurred by the chief constable of the borough in opposing licensing appeals at quarter sessions. And A. L. Smith, L. J>, (1) Now the Public Health Act, 1875, see post, p. 96. Legal and Parliamentary Proceedings. 95 said, speaking of sect. 2 of the Act : "-In my judgment, this section O2 & 63 Vict, means the taking of some legal proceeding by or on behalf of the c. 14, s. 6 inhabitants against some person or persons in order to promote the (6), n. interests of the inhabitants, or the defending of some legal proceedings brought against the corporation or the inhabitants by some person or persons in order to protect the interests of the inhabitants. The intervention of a police constable as a respondent at quarter sessions in a licensing appeal is neither the one nor the other." In the House of Lords, where the decision of the Court ol Appeal in the case was affirmed (Tynemouth Corporation v. A. G. [1899], A. C. 293 ; 68 L. J. l-^B. 752"), Lord Macnaghten said, with reference to the Borough Funds Act, " It was objected on behalf of the respondents that the proceedings, on which the appellants embarked in the case of the appeal to quarter sessions were not 'legal proceedings' within the meaning of the Act. ami that if they could be properly so de- scribed they were not necessary for the protection of the interests of the inhabitants. I am inclined to agree with them on both points. Hut it is not necessary to express a final opinion on the subject or to define the proceedings to which the Act extends. It is enough to say that if the appellants could have brought themselves within the protection of the Act they have not done so. \\ batever may have been the views of individual members of the council, it is clear that the governing body as a body have never formed nor expressed any judgment on the expediency o\ the proceedings which they authorised ; and if that difficulty were out of the way, it is clear that the costs and expenses now in question have not been examined and allowed in manner prescribed by sect. f> of the Borough Funds Act, 1872." These observations suggest that it might be prudent, where the council of a metropolitan borough propose to defray the costs of litigation under the Act, for them to pass a formal resolution to the effect that the litigation is in their opinion necessary for the promotion or protection of the interests of the inhabitants of the borough. The council of a metropolitan borough will have certain powers of defraying the costs of litigation apart from the Borough Funds Act. It is a well-established principle that all bodies of public trustees, including local authorities, have implied power to expend their funds in protecting their property, powers, and privileges. And this principle justifies a local authority in defraying the cost of litiga- tion necessary to protect their property, powers, and privileges apart from any express statutory authority (^see A. G. v. Norwich Corpora- tion (is'37). j Myl. & Cr., 40C : 1 Jur. 398; Reg. v. Tamivorth Corporation (186S),' 19 L. T. 433). The case last cited shows that a local authority may be justified on this principle in defraying the costs of litigation in which, they are interested, though they are not themselves parties to it. On the other hand a local authority require statutory authority to justify expenditure on litigation, however de- sirable in the interests of the inhabitants of this area, which does not threaten the property, powers, or privileges of the authority : see A. G. v. Cambenvell Vestry 1 iS v +). 63 L. J. Ch. 878 ; 71 L. T. 4.78. The council of a metropolitan borough will be a local authority within the Metropolis Water Act. 1S9: (60 Cs: 61 Vict C 56), and will accordingly have the powers of litigating questions relating to the supply of water by the metropolitan water companies thereby conferred on such local authorities. By sect. 1 of that Act any such local authority, as well as any water consumer, are empowered to complain to the Railway and Canal Commissioners that any of the metropolitan water companies " has failed to perform some statutory g6 London Government Art, 1899. 62 & 63 Vict, duty of the company." And by sect. 2 " a local authority may aid c. 14, s. 6 any water consumer in obtaining the determination of any question (6), n. which appears to the local authority to be of interest to water- consumers within the district of such local authority with respect to the rights, duties, and liabilities of any of the metropolitan water companies in reference to the quantity or quality of water supplied or the charges made by them. A local authority aiding any legal proceedings under this section may, if the Court think fit, be made a party to the proceedings, and shall be liable for costs accordingly." The council of a metropolitan borough will also have power to take proceedings before the Railway and Canal Commissioners in re- lation to the provision of traffic facilities by railway companies and other similar matters, under sect. 7 of the Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25). which is applied to such councils by sect'. 5 (2) of the present Act and Sched. II. Part II. On this point see further the note to that part of that schedule. Opposition to, or Promotion of, Bills in Parlia- ment.— Apart from the Borough Funds Act, the council of a metropolitan borough will be able to justify expenditure on opposi- tion to a Bill threatening their property, powers and privileges, on the general principle already alluded to under which local authorities have power to expend their funds in protecting their property, powers and privileges. See Reg. v. Norfolk Commissioners of Sewers (1850), 15 Q^B. 549 ; A. G. v. Wigan Corporation (1854), 5 De G. M. Sc G. 52; 23 L. J. Ch. 429 ; 18 Jur. 299; A. G. v. Brecon Corporation (1878), 10 Ch. D. 204; 48 L.J. Ch. 153; 40 L. T. 52; 27 W. R. 332; Reg. \.Wbite(iSS$, 14 QTB. D. 358; 52 L. T.116; 33 W. R. 248; S. C. nom. Reg. v. Sibley, 54 L. J. M. C. 23. But see Leith Magistrates and Council v. Leith Harbour Commissioners (1899), 15 Times L. R. 492. And in cases falling within this principle the council will be able to justify expenditure upon opposition to a bill, though the formalities prescribed by the Borough Funds Act have not been observed (see A. G. v. Brecon Corporation, supra). On the other hand, unless the provisions of the Act are complied with the council will not be able to justify expenditure in opposing a bill, however detrimental to the interests of the inhabitants of the borough, unless it threatens the council's property, powers, or privileges. See Reg. v. Sheffield Corporation (18 71)' L. R. 6 Q^B. 652 ; 40 L. J. Q^ B. 247; S. C. nom. Roberts v. Sheffield Corporation, 24 L. T. 659; 19 W. R. 1159; Reg- v - Marris (1857), 5 W. R. 254; see also Reg. v. Kings bridge Highway Board (1868), 18 L. T. 554. Where a borough council propose to incur expense in promoting or opposing a bill in Parliament under the Borough Funds Act, it will be necessary for such council in accordance with sect. 4 of the Act : (1) to pass a special resolution in favour of the proposed expenditure ; (2) to advertise that resolution; (3) to obtain the consent of the owners and ratepayers; (4) to obtain the approval of the Local Government Board or Secretary of State as the case may be: and (5) in the case of the production'of a Bill to pass a confirming resolu- tion with the deposit of the Bill. Consent of Owners and Ratepayers. — Under sect. 4 of the Act the consent of the owners and ratepayers was to be given in the manner provided by the Local Government Act, 1S58. But under sect. 313 of the Public Health Act, 1875, such consent must now be given in the manner provided by that Act. The Provisions of the Public Health Act, 1S75, as to resolutions Legal and Parliamentary Proceedings, 97 of owners and ratepayers, which are dealt with at some length In-low, 62 & 63 Viet. are very ill suited to such areas as metropolitan boroughs and are c. 14. s. 6 likely to give rise to serious difficulties. (6), n. To obtain the necessary consent a meeting of owners and rate- payers must first be convened ; but the borough council will have no power to convene the meeting on their own initiative. It will be necessary to obtain a requisition for the convention of the meeting from a certain number of owners and ratepayers. At the meeting a poll may be demanded; and if demanded must be taken by means of voting papers distributed to the persons entitled to vote. The taking of a poll in such an area as a metropolitan borough will of course involve very substantial expense. If the resolution in favour of the proposed expenditure on parliamentary proceedings is carried, these expenses will fall on the borough council. But if the resolution is not carried, the council will have no power to pay the expenses ; and in that case they will tall on the persons on whose requisition the meeting was convened, or, if those persons have not given security for the expenses as they may be required to do, on the mayor of the borough. The rules regulating the convention of a meeting of owners and ratepayers under the Public Health Act, 1875, and the proceedings thereat, which are contained in Sched. III. to that Act, may now be set out and commented on. They are as follows : — Rule 1. "For the purpose of passing a resolution of owners and ratepayers under this Act, a meeting shall be summoned on the requisition of any twenty ratepayers or owners, or of any twenty ratepayers and owners, resident in the district or place with respect to which the resolution is to be passed." It is submitted, having regard to rule 6 of the schedule, that •• owner," and " ratepayer," in this rule must have the same meaning as in Sched. II. to the Act of 1875, see rules 10 8c 1 1 of that schedule. \uoted post pp. 99, 100, and the observations thereon. As has been pointed out a requisition under this rule is necessary before the meeting can be convened. The borough council will have no power to convene the meeting on their own initiative. Rule 2. " The summoning officer of such meeting shall be — " In boroughs, the mayor; " In Improvement Act districts, the chairman of the improve- ment commissioners ; " In local government districts, the chairman of the local board ; " ****** The rest of the rule relates to places in rural districts. It seems clearly intended that in a metropolitan borough the mayor should be the summoning officer. Rule 3. " Ratepayers or owners making a requisition for the sum- moning of such meeting shall, if required, give security in a bond, with two sufficient sureties, for repayment to the summoning officer, in the event of the resolution not being passed, of the costs incurred in relation to such meeting or any poll taken in pursuance of any demand made thereat : the amount of the security to be given by such sureties, and their sufficiency, ami the amount of such costs, to be settled by agreement between the summoning officer and such ratepayers or owners, or, in case of dispute, by a court of summary jurisdiction." If the persons making the requisition do not give security under this rule, or so far as the security does not extend, the costs above referred to will, it seems, having regard to rule 8, fall on the sum- H 98 London Government Act, 1899. 62 & 6^ Vict moning officer personally, unless the resolution is carried. If the c. 14, s. 6 resolution is carried, the costs will fall on the borough council under (6), n. ' rule 8. Rule 4. " The summoning officer shall, on such requisition as aforesaid, fix a time and place for holding such meeting, and shall forthwith give notice thereof— " By advertisement in some one or more of the local news- papers circulated in the district or place ; " By causing such notice to be affixed to the principal doors of every church and chapel in the place to which notices are usually affixed." Rule 5. " The summoning officer shall be the chairman of the meeting unless he is unable or unwilling to preside, in which case the meeting on assembling shall choose one of its number as chairman, who may, with the consent of a majority of the persons present, adjourn the same from time to time." Rule 6. " The chairman shall propose to the meeting the resolution, and the meeting shall decide for or against its adoption : Provided, that if any owner or ratepayer demands that such question be decided by a poll of owners and ratepayers, such poll shall be taken by voting papers in the Form O. in Schedule IV. to this Act, in the same way and with the same incidents and conditions as to the qualification of electors and scale of voting, as to notice to be given by the returning officer, delivery filling up and collection of voting papers, as to the counting of votes, as to penalties for neglect or refusal to comply with the provisions of the Act, and in all respects whatsoever as is provided by the rules for the election of local boards in Schedule II. to this Act ; except that in districts or places where there is no register of owners and proxies under this Act, any owner or proxy shall be entitled to have a voting paper delivered to him if at least fourteen days before the last day appointed for delivery of the voting papers he sends a claim in writing to the summoning officer containing the particulars required by Schedule II. to this Act to be contained in claims to be entered on the register of owners and proxies, and except that the provisions with respect to certain specified days of the month shall not apply. " For the purposes of such poll the summoning officer shall be the returning officer, and shall have the powers and perform the duties of a returning officer under Schedule II. to this Act, so far as the same are applicable to a poll under this schedule. " If no poll is demanded, or the demand for a poll is withdrawn by the persons making the same, a declaration by the chairman shall, in the absence of proof to the contrary, be sufficient evidence of the decision of such meeting." Schedule II. to the Act is in terms repealed by the Local Govern- ment Act, 1894: but it apparently remains in force as far as it is incorporated with the above rule. Its provisions so far as they appear to apply to a poll under that rule are dealt with below. At the poll the voting will be according to a scale, the persons entitled to vote having more or fewer votes according to the value of the property they own or occupy. But at the meeting the vote should be taken by show of hands, so that each owner or ratepayer present will have one vote and no more : see Re Horbury Bridge Coal, dsfc, Co. (1879), 11 Gh. D. 109; 48 L. J. Ch. 341; 40 L. T. 353; 27 W. R. 433. Schedule II. required a register of owners and proxies to be kept in local government districts for the purposes of the local board Legal and Parliamentary Pi% 99 elections. There will, however, be no obligation on the council of a 62 & 63 Vict, metropolitan borough to keep such a register : and it is very doubtful c. 14, 5. G whether they will have power to incur expenditure in the preparation (6), n. of such a register, and whether, if a register were kept, it would have any statutory effect. See Ward v. Sheffield Corporation (18S7). 19 CKB. D. 22; 56 L. J. O. B. 418 It will be for the returning officer to fix the dates for the various proceedings. And he must so lix them as to allow the owners a reasonable time for sending in their claims in accordance with the above rule : see Ward v. Sheffield Corporation, supra. The form of voting paper is given, post p. 105. Rule 7. "A copy, under the hand of the summoning officer, ot every resolution so passed, shall be forwarded by him to the Local Government Board ; and it shall be his duty to publish a copy thereof by advertisement for three successive weeks in some one or more of the local newspapers circulated in the district or place, and by causing a copy thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually affixed." Rule 8. [" Where in pursuance of a resolution passed in manner provided by this schedule any place is constituted a local government district, all costs incurred by the summoning officer in relation to the meeting, and any poll taken in pursuance of any demand made thereat, shall be a first charge on the general district rates leviable within such district ;] in the case of a resolution so passed by owners or ratepayers in any urban district, such costs shall be paid out of the fund or rate applicable by the urban authority to the general purposes of this Act.'' The reference to the fund or rate applicable to the purposes of the Public Health Act, must of course be read as referring in the case of a metropolitan borough to the fund or rate applicable to the expenses of the council. If the resolution is not carried, it will be observed, the expenses cannot lawfully be paid by the local authority : and in that case they must fall upon the persons who requisitioned the meeting, or their sureties, under rule 3 ; or, if no security has been given under that rule, or so far as the sums thereby secured are insufficient, they must apparently fall on the summoning officer personally. The rules in Schedule II. to the Public Health Act, 1875, which appear to be applicable to a poll consequent on a meeting of owners and ratepayers are as follows : — Rule 10. " The word ' owner,' when used in relation to the right of voting [at any election of a local board], shall mean any person for the time being in the actual occupation of any kind of property in the district or part of a district for which he claims to vote, rateable to the relief of the poor, and not let to him at a rackrent, or any person receiving on his own account, or as mortgagee or other incumbrancer in possession, the rackrent of any such property." "Rackrent" is defined by sect. 4 of the Public Health Act, i$:;. as meaning, in substance, rent not less than two thirds of the rateable value. As to disqualifications for voting, see the observations on rule 1 2. Rule 11. "A person shall not be deemed a ratepayer or be entitled to vote as such [at any such election] unless he has been rated to the relief of the poor in the district or part of a district for which he claims to vote for the space of one whole year immediately preceding the day of tendering his vote, and has also before that day paid all rates made on him for the relief of the poor in such district or part of a district for the period of one whole year, and all rates due from him under this H 2 IO o London Government Act, 1899. 62 & 6- Vict. Act, except rates which have been made or become due within the six c. 14, s. 6 months immediately preceding." (6), n . " Ratepayer " is not defined, except in this negative manner. Rule 44 seems to assume that every ratepayer will have a residence in the district, but it would seem that a non-resident ratepayer may apply for a voting paper under rule 49, and vote. Rule 11 itself is very vague and ambiguous. In particular it is not clear whether the last words of the rule apply to " rates made under this Act " only, or both to those rates and to the poor rate. In a metropolitan borough there will apparently be no "rates made under this Act " within the meaning of the rule. The Poor Rate Assessment and Collection Act, 1869 (32 & 33 Vict. c. 41, ss. 7, 15, 19), as explained and amended by sect. 14 of the Parliamentary and Municipal Registration Act, 1878 (41 & 42 Vict, c. 26). and the Assessed Rates Act, 1879 (42 Vict. c. 10), contains provisions saving the rights of occupiers in respect of any qualification or franchise where the owner is rated to the poor rate or the rate is collected from him, and also where the occupier's name is improperly omitted from the rate, and where the rate is made payable by instal- ments ; but these provisions do not operate to save the franchise of the occupier where it depends upon the payment of the rate, unless the rate, with or without deductions made or purporting to be made under the Act of 1869, has been paid. The owner of small tenements who compounds for rates under sect. 3 of the last-mentioned Act, is not entitled to vote as a ratepayer (see Mogg v. Clark (1885), 16 Q^ B. D. 79; 55 L- J- Q- B- 69; 53 L. T. 890 ; 34 W. R. 66 ; 50 J. P. 342) ; but where he is actually rated under sect. 4 of that Act, it is a doubtful question whether he, as well as the occupier whose rights are saved as above mentioned, is not entitled to vote under the above rule and similar enactments as a ratepayer: see Reg. v. Hampton (1865), 6 B. & S. 923, 939; 12 Jur. (X. S.) 587 ; 13 L. T. 431 ; 15 W. R. 43 ; Mogg v. Clark, supra, per Lindley, L.J., 16 Q^B. D. at p. 84. Sect. 10 of the Poor Law Amendment Act, 1867 (30 & 31 Vict, c. 106), enacts that "where any corporation aggregate, joint stock or other company, commissioners, or public trustees shall be rated, any officer of such corporation, company, commissioners, or public trustees from time to time appointed by the governing body thereof whose name shall be sent in writing to the overseers before the first day of March in any year, to be entered in the rate-book under the name of such corporation, company, commissioners, or public trustees, shall be entitled to vote in respect of the property assessed as if he were assessed in his own name." This enactment is general in terms, but inasmuch as it occurs among a number of provisions relating to elections of guardians, it is doubtful whether it was not impliedly confined to such elections. It is repealed so far as it relates to these elections by the Local Government Act, 1894. A person becomes a ratepayer on his name being duly entered in the current rate under sect. 47 (9) of the Valuation (Metropolis) Act, 1869 (32 & 33 Vict. c. 67), or under the provisions of the Poor Rate Account and Collection Act, 1869 (32 & 33 Vict. c. 41, s. 16). as to the rating of incoming occupiers. A poor rate becomes due when it is made, that is, under sect. 1 7 of the last-mentioned Act, when it is allowed by the justices, or if the justices sever in their allowance, then on the day of the last allow- ance. As to disqualifications for voting, see the observations on rule 1 2. Legal and Parliamentary Proceedings, 101 Rule 1 1. - ( >wners of and ratepayers in respect of property situated 62 & 63 Vict, within the district tor which the [election] is held shall be entitled to c. 14, s. 6 vote according to the scale following; (that is to say,) (6), n. " It" the property in respect of which the person is entitled to vote is rated to the poor rate on a rateable value of less than fifty pounds, he shall have one vote; if such rateable value amounts to fifty pounds and is less than one hundred pounds, he shall have two votes; if it amounts to one hundred pounds and is less than one hundred and fifty pounds, he shall have three votes; if it amounts to one hundred and fifty pounds and is less than two hundred pounds, he shall have four votes ; if it amounts to two hundred pounds and is less than two hundred and fifty pounds, he shall have live votes: and if it amounts to or exceeds two hundred and fifty pounds, he shall have six votes." It is not clear whether statutory provisions disqualifying persons from voting at elections, which were applicable to elections of local boards, are applicable to voting at a poll consequent on a meeting of owners and ratepayers. It would seem, however, that the common law incapacities to vote of married women, infants, aliens, and lunatics, would apply to voting at such a poll. Though married women are under a common law incapacity for exercising almost any franchise or right of voting, in the absence of a statutory provision enabling them to exercise such right (see Reg. v. Harrald (1872), L. R. 7 Q. B. 361 ; 41 L. J. Q^B. 173 ; 26 L. T. 616; 20 W. R. 328), no such incapacity appears to attach to un- married women, and unmarried women who are owners or rate- payers may apparently vote at a poll consequent on a meeting of owners and ratepayers. Rule 13. '• Any person who is owner and also bona fide occupier of the same property shall be entitled to vote both in respect of such ownership and of such occupation." Rule 14. "Owners may give their votes either personally or by proxy." Owners and proxies desiring to vote at a poll consequent on a meeting of owners and ratepayers must send in their claims in accordance with rule 20 of the schedule now under discussion, and rule 6 of Sched. III., ante, p. 98. Rule 1 5. " The instrument appointing a proxy shall be in writing under the hand of the appointor, or where the appointor is a corpora- tion under their common seal, or where the appointor is a body of persons unincorporate under the hands of three directors or other persons having the direction or management of the undertaking or business carried on by such body of persons ; and every such instru- ment shall be attested by a witness, and may be in the Form M in Schedule IV. to this Act." It would appear that the appointment of a proxy will remain in force, and supersede the owner's right to vote personally, until it is expressly revoked, or otherwise terminated, as by the owner sending in a claim, under rules 20, 23, to vote personally, or ceasing to hold his qualification, or, in the case of a single woman, marrying. Form M, with the notes thereto contained in Sched. IV. to the Act, is as follows : — " To the Chairman of the Local Board for the District of This day of iS . I [or we], the undersigned being the owner [or owners] of die property hereinafter described which is situated in the parish of do 102 London Government Act, 1899. 62 & 63 Vict, hereby appoint to vote as my [or our] proxy in all cases c. 14, s. 6 wherein he may lawfully do so, pursuant to the provisions of the Public (6), n. Health Act, 1875. And I [or we] hereby state that the description of the said property is as follows ; viz. {a). Signature of owner (0). ■ Address of owner. Witness. {a) Describe the property by its name, situation, or the name of the occupier, or any other designation by which it may be identified. [6] Or of three directors ; or in the case of a corporation say, Given under our common seal, and add the name of the person or persons entitled to affix the seal. The form will require some little modification to fit it for use in connection with voting at a poll of owners and ratepayers under the Borough Funds Act in London. The instrument should be addressed to the mayor of the borough, and after the words "Public Health Act, 1875," the words "the Borough Funds Act, 1872, and the London Government Act, 1899," might be added. It also requires a slight modification, not provided for by the statutory notes, to fit it for use in the case of a corporation. The appointment of a proxy is a " letter of attorney " or an " in- strument of procuration " so as to require a ten shilling stamp under the Stamp Act, 1891 (54 & 55 Vict. c. 39, Sched. tit. "Letter of Attorney"): see Reg. v. Kelk (1840), 12 A. & E. 559. Rule 16. "No member of a corporation or of any such body of persons (other than a partnership firm consisting of not more than six persons) shall be entitled to vote individually as owner in respect of property belonging to such corporation or body of persons." Rule 1 7. " Partners in a firm consisting of not more than six persons may vote as owners in respect of property of the firm as if that property were equally divided among the partners." Rule 20. "A claim by an owner or proxy [to be entered on the register'] shall state his name and address within the district, and a description of the nature of the interest or estate in the property giving the qualification, and a statement of the amount of all rent service (if any) received or paid in respect thereof by him or the body of persons for whom he is proxy, and of the persons from whom or to whom the same is received or paid ; and in the case of a proxy the claim shall be accompanied by the appointment of the proxy or an attested copy thereof." In order to be entitled to vote at a poll of owners and ratepayers under Schedule III., an owner or proxy must send in a claim con- taining the particulars above mentioned to the summoning officer in pursuance of rule 6 of that schedule. Rule 21. "A claim by an owner or proxy may be made by writing in the Form L. in Sched. IV. to this Act." The forms of claim given in Sched. IV. to the Act with the notes thereto contained in that schedule, are as follows :— Cramer's Claim. To the Chairman of the Local Board for the district of This day of iS . I the undersigned claim [to have my name inserted in the register oj owners and proxies for the district of , pursuant to the provisions of the Public Health Act, 1875], as owner of the property hereinafter described, which is situated in the parish of , that is to say : (a) Legal and Parliamentary Proceedings. 103 I also state that the interest or estate which I have in such property, 62 & 63 Vict, and the amount of all rent service which I receive or pay in respect thereof, c. 14, s. 6 and the names of the persons from whom I receive or to whom I pay such (6), n. rent service are set forth in the form hereunder written. In respect of Description of which 1 have property [i) the interest of (<-) And in respect ot which I re- ceive in rent service the sum Of(d)* From (e) And in respect hi" which 1 pay in rent sen ice the sun. To(^) £ *■ d. Signature of claimant. Address (h) of claimant. [a) Here insert a iclear statement of the property, as "house," "building," "house and acres of land." (o) Describe the property by its name, situation, or the name of the occupier, or any other designation by which it may be identified. (c) Describe the estate or interest, as an estate in fee simple, of fret-hold, a term of years, and also whether it is held by the claimant solely, or jointly with others, and in the case of a partner claiming, insert the number and names of tha other partners in the firm. (d) If the property is let by the owner, insert the amount of rent received from each tenant. (e) Insert name of tenant or tenants. {/) If the owner is a lessee paying rent, insert the amount of all the rent he pays. (Vj Insert the name of the lessor. This need not te the owner's residence, but should be some address within the district. * A partner must set out the amount of rent service which he would receive or pay if the qualifying property were equally divided among his co-partners and himself. In the case of a poll consequent on a meeting of owners and ratepayers in London, this form will require modification. In the first place the claim should be addressed to the mayor. Secondly, the words in italics and square brackets would be inapt in such a case. Some such words as the following might be substituted : " to be entitled to vote and to have a voting paper delivered to me at any poll of owners and ratepayers held for the above-named borough of in pursuance of the provisions of the Public Health Act, 1875, the Borough Funds Act, 1872, and the London Government Act, 1899." Claim of Proxy. To the Chairman of the Local Board for the District of This day of iS , I the undersigned having been appointed by of , owner [or owners] of the property hereinafter described which is situated in the parish of to vote as his [or their] proxy pursuant to the provisions of [the Public Health Act, 1S75, claim to hare my name inserted in the register of owners and proxies for the district of ] as such proxy. I herewith transmit to you (a) the writing under the hand [or han in the case of a corporation the seal] of appointing me such proxy. I also state that the interest or estate which has [or have] in such property and the amount of the rent service which he [or they] receives or pays [or pay] in respect thereof and the names of the persons 104 London Government Act, 1899. 62 & 63 Vict, from whom he [or they] receives [or receive] or to whom he [or they] c. 14, s. 6 pays [or pay] such rent service are set forth in the form hereunder written. (6), n. Description of property [A] In respect of which the ap- pointor has an estate or in- terest of (c ) And in respect of which the appointor re- ceives in rent service the sum of(flT) From {e) And in respect of which the appointor pays \ To {g) in rent service the sum of (_/) Signature of proxy. Address {k) of proxy. («) If the appointment itself is not sent, insert the words "an attested copy of." [b) Describe the property by its name, situation, or the name of the occupier, or any other designation by which it can be identified. [c) Describe the estate or interest, as an estate in fee simple, of freehold, a term of years, and whether it is held by the appointor solely or jointly with others. [d) If the property is let by the appointor, insert the amount of rent received from each tenant. (if) Insert the name of tenant or tenants. if) If the appointor is a lessee paying rent, insert the amount of all the rent he pays. (£■) Insert the name of the lessor. (/;) This need not be the proxy's address, but should be some address within the district. In the case of a poll consequent on a meeting of owners and rate- payers in London, the claim should be addressed to the mayor, and for the words in square brackets in italics in the body of the claim such words as the following might be substituted " pursuant to the provisions of the Public Health Act, 1875, the Borough Funds Act, 1872, and the London Government Act, 1899, to be entitled to vote and to have a voting paper delivered to me at any poll of owners and ratepayers held for the above-named borough in pursuance of the provisions of the said Acts." Rule 23. — " Claims . . . shall be sent to the chairman of the local board. . . ." In a metropolitan borough, mayor of the borough must obviously be read for chairman of the local board. Rule 36. — "The returning officer shall . . . [not less than fourteen days before the last day appointed for delivery to him of nomination papers'], publish a notice, signed by him and specifying — * * * The mode of voting in case of a contest ; The day or days on which the voting papers will be delivered and the day on which they will be collected ; and The place for the examination and for the casting up of the votes ; and shall also cause copies of such notice to be affixed at the places where parochial notices are usually affixed." There is a difficulty as to the length of notice of poll in the case of a poll consequent on a meeting of owners and ratepayers, since in such cases there is no delivery of nomination papers. The proper course appears to be to give notice long enough to allow owners a reasonable time after the notice for sending in claims, /, :al and Parliamentary Proceedings. K>5 which under rule 6 of Sched. 111. they must do at least fourteen days 62 ... 63 Viet, (that is according to a well-known rule of construction, fourteen clear c. 14. s. 6 davs), before the last day appointed for the delivery of the voting (6), n. papers. See Ward v. Sheffield Corporation (18S7), 19 Q; B. D. 22; 56 L. J. Q^B. 418. K u / e 37 _«The returning officer may, if he thinks fit, cause to be made an alphabetical libt of the persons entitled to vote [at the election}" H u l e 3 8_"The clerk of the board of guardians ot any union, and the overseers or other officers of every parish wholly or in part within the parts for which the [election] is held, and having the custody of any books or papers relating to the election of guardians of the poor, or of the poor-rate books relating to any such parish, shall permit the same to be inspected and copies or extracts to be taken therefrom by the returning officer. Any person having the custody of any such books or papers who refuses to permit the same to be inspected, or copies or extracts to be taken therefrom, shall be liable to a penalty not exceeding five pounds." jf u l e 43.—". . . the returning officer shall cause voting papers, in the Form [A r .] contained in Sched. IV. to this Act, to be prepared and rilled up. . . ." The form of voting paper in the case of a poll consequent on a meeting of owners and ratepayers is Form O. in Sched. IV. That form is as follows : — Voting Paper No. ( ). At a meeting held on the day of at in the [county] of it was agreed that the following resolution should be proposed to the owners and ratepayers of (Set out the resolution.) In favour of. Against. Number of Votes. As Owner. As Ratepayer. Do you vote in favour of or against the adoption of this resolution ? (Signed) _ or the mark of Witness to the mark or proxy for Directions to the Voter. The voter must write his initials under the heading " in favour " or "against," according as he votes for or against the resolution, and must subscribe his name and address at full length. If the voter cannot write he must make his mark instead of initials, but 106 London Government Act, 1899. 62 & 63'Vict. suc h mark must be attested by a witness, and such witness must write c. 14 s.-6 tne initials of the voter against his mark. t(j\ n ' If a proxy votes he must in like manner write his initials, subscribe his own name and address, and add after his signature the words " as proxy for," with the name of the body of persons for whom he is proxy. This paper will be collected on the of between the hours of and Rule 44.—" The returning officer shall, three days at least before the day of collection of the voting papers, cause one of such voting papers to be delivered, by persons appointed by him for that purpose, at the address stated in the [register or] claim of each owner and proxy, and at the residence within the district of each ratepayer entitled to vote therein. According to an established rule of construction, so many days " at least " means so many clear days at least. Therefore, three days must intervene between the day when the voting paper is delivered and the day when the papers are collected ; e.g., if the papers are collected on Friday, they must not be left later than the preceding Monday. Rule 45. — " Each voter shall write his initials in the voting paper delivered to him . . . and shall sign such voting paper." Rule 46. — " Any person voting as a proxy shall in like manner write his own initials and sign his own name, and state also in writing the name of the person or body of persons for whom he is proxy." Rule 47. — " Any voter unable to write shall affix his mark at the foot of the voting paper in the presence of a witness, who shall attest and write the name of the voter against the mark, as well as the initials of such voter against [the name of every candidate for 'whom the voter intends to vote]." Rule^S. — " The returning officer shall cause the voting papers to be collected on the day of collection ... by suck persons as he may appoint." Rule 49. — " No voting paper shall be received or admitted unless the same has been delivered at the address or residence as aforesaid of the voter, nor unless the same is collected by the persons appointed for that purpose : Provided — " (a.) That if any person entitled to receive a voting paper has not received a voting paper as aforesaid, he shall, on personal application before the day of collection to the returning officer, be entitled to receive a voting paper from him, and to fill up the same in his presence, and then and there to deliver the same to him : "(£.) That if any voting paper duly delivered has not been collected, through the default of the returning officer or the persons appointed to collect the same, the voter in person may deliver the same to the returning officer before twelve o'clock at noon on the day or on the first day (as the case may be) appointed for the examination and casting up of the votes." Rule 51. — "The returning officer shall on the day immediately following the day of collection of the voting papers, and on as many days immediately succeeding as may be necessary, attend at the place appointed for the examination and casting up of the votes, and ascertain the validity of the votes, by an examination of the rate books and such other books and documents as he may think necessary, and by examining such persons as he mav see fit ; he shall cast up such of the votes as he finds to be valid, and to have been duly given, collected, Legal and Parliamentary Proceedings. 107 or received, and shall ascertain the number of such votes for each 62 k 63 Vict. [candidate]. . . ." c. 14, s. 6 In Reg. v. Collins (1876). 2 Q^B. D. 30; 46 L. J. Q^B. 257: 3* (6), n. L. T. 192, the returning officer at an election of a local board had, by mistake, put down votes to one candidate which the voting papers showed had been given for another, and had omitted to reckon certain votes, and also had received as valid votes which were invalid, but as to which he had made no examination, his attention not having been called to them. It was held by the Court of Appeal, that as to the first and second classes of votes, the duty of the returning officer, vi/.. to cast up the votes, was merely ministerial and might be reviewed by the Court but that as to the third class he had to exercise a judicial duty, and as' to this his certificate was conclusive. This decision appears to be applicable to the duties of the summoning officer at a poll under Schedule III. Rule 53.— "The returning officer shall also cause to be made a list containing [the names of the candidates, together with {in case of a contest)] the number of votes given for each [and the names of the persons elected], and shall sign and certify such list, and shall deliver the same, together with the [nomination and] voting papers which he has received, to the local board at their first or next meeting (as the case may be), who shall cause the same to be deposited in their office." Rule 54. — "Such list shall during office hours be open to public inspection, together with all other documents relating to the [election], for six months after the [election], without fee or reward; and the returning officer shall, as soon as may be after the completion of the [election], cause such list to be printed, and copies thereof to be affixed at the usual places for affixing parochial notices within the parts for which the [election] has taken place." Rule 66. — " Whenever the day appointed for the performance of any act in relation to any [election] is a Sunday, Christmas Day. or Good Friday, a Bank holiday, or any day appointed for public fast or thanksgiving, such act shall be performed on the day next following, unless it is one of the days excluded as aforesaid ; and in that case on the day following such excluded day." Rule 67. — "The necessary expenses attendant on any [election], and such reasonable remuneration to the returning officer and other persons for services performed or expenses incurred by them in relation thereto as may be allowed by the local board, shall be paid out of the general district rates levied under this Act." This rule, so far as regards payment by the local authority, applies in the case of a poll consequent on a meeting of owners and ratepayers, only when the resolution is carried: see rule 8 of Sched. II.. ante, and the observations thereon. Rule 68 imposes penalties on the returning officer and his assistants for default in performance of their duties ; and rule 69 provides penalties for fabrication of voting papers and the like. It does not seem necessary to quote these rules at length here. Consent of Local Government Board.— It is the practice of the Local Government Board, before giving their approval, under the Borough Funds Act, to the incurring of expense in the promotion of, or opposition to a Bill, to require the local authority to furnish them with a copy of the Bill, a statement of the grounds of the pro- posed promotion or opposition, and a statutory declaration shewing that the requirements of the Act, including those relating to the consent of the owners and ratepayers, have been complied with. io8 London Government Act, 1899. transfer of powers or duties. 62 & 63 Vict. Sect. 7. — (1.) Where any power or duty is transferred c 1 4, s. 7 (i). f rom |k e London County Council to a borough council Expenses or from a borough council to the London County Council incidental to by or under this Act, the borough council or county council, as the case may be, shall defray as part of their ordinary expenses the expenses of and incidental to the power or duty, but the county council shall contribute to the borough council, or the borough council to the county council, in respect of those expenses, such amount, if any (whether capital or annual), and subject to such conditions, if any, as may — (a) if the transfer is made by this Act, be agreed on between the councils within six months after the transfer, or in default of agreement be finally determined by the Local Government Board ; and (b) if the transfer is made by a Provisional Order, be fixed by the Order. Provided that every borough council shall have an opportunity of making a representation to the Local Government Board as to the amount of any contribution under this section to another council, and if the amount is settled by agreement may, within three months from the date at which the agreement is notified to them, appeal against it to the Local Government Board, who may finally determine the amount. (2.) Where the transfer is made by Provisional Order the amount of contribution from or to the county council may be varied in each case to meet the circumstances of the case. (3.) This section shall apply as if the Common Council of the City of London were the council of a metropolitan borough. Note. — Transfer of Powers. — As to the transfer of powers to which this section relates, see sect. 5. Committees. Sect. 8. — (1.) Any committee appointed by a borough 55 & 56 Vict, council for the purpose of the Public Libraries Acts, c. 53._ 1£92 and 1893, may consist partly of persons not 56 & 57 Vict. mem bers of the council, c. 11. Note.— Public Libraries Acts.— As to these Acts, see the note to sect. 4 (2), ante. (2.) Every committee shall report their proceedings to the council, but, to the extent to which the council Committed. 109 so direct, the acts and proceedings of the committee 62 & 63 vi <*« shall not require the approval of the council. Provided c - '* -8(2). that a committee shall not raise money by loan or by rate, or spend any money beyond the snm allowed by the council. Note. — Committees. — The council of a metropolitan borough will have a genera] power to appoint committees under sect. 58 of the .Metropolis Management Act. 1 S 5 5. which provides that it shall he lawful for any elective vestry ''to appoint a committee or commit! for any purposes which, in the discretion of the . . . vestry, would be better regulated and managed by means of such committee, and at any meeting to continue, alter, or discontinue such committee " That section at present applies also to district boards. It is, however, expressly repealed, as from the appointed day. as regards district boards by sect. 35 (2) and Sched. III. of the present Act. And this repeal shows that the section ought to be regarded as applied to borough councils by sect. 2 (5) of the present Act. and therefore that it cannot be read as restricted to the appointment of committees for the purposes of the discharge of functions transferred from vestries and district boards by sect. 4 of the present Act. By sect. 59 of the Act of 1855 every committee appointed under sect. 58 ''may meet from time to time, and may adjourn from place to place, as they may think proper, for carrying into effect the purposes of their appointment; but no business shall be transacted at any meeting of the committee unless three members of the committee are present." Under sect. 202 of the Act of 1855 the council will have power to regulate the proceedings of their committees by byelaws: see ante. p. 69. A proviso to sect. 58 of the Act of 1855, requiring that the acts of every committee appointed under the section should be submitted to the general body of the vestry appointing the committee for then- approval, is repealed as from the appointed day by sect. 35 (2) and Sched. III. of the present Act. Under sect. 58 of the Act of 1855, coupled with the present section. the council of a metropolitan borough will accordingly have very large powers of delegating their powers to committees. And the acts of committees in the exercise of the powers so delegated will not, unless the council so direct, require ratification by the council. There is considerable difficulty as to the delegation of contracting powers to a committee. By sect.' 149 of the Metropolis Management Act, 1855, administrative vestries and district boards are empowered to enter into contracts for the purpose of carrying that Act into execution ; and it is provided that " every such contract for works or materials, whereof the value or amount exceeds ten pounds, shall be in writing or print, or partly in writing and partly in print, sealed with the seal of the board or vestry." And it seems clear that a contract thus required to be sealed is void unless so sealed : see Young v. Leamington Corporation (1883), 8 App. Cas. 517; 52 L. J. CK B. 713: 49 L. T. 1 ; 31 W. R. 925; 47 J. P. 660. Moreover, contracts of the council of a metropolitan borough not coming within this provision would apparently in many cases be void unless sealed under the common law doctrine requiring contracts of corporations, with various exceptions, to be under seal. It seems almost impossible to suppose that it can be intended that no London Government Ad, 1899. 62 & 63 Vict, the council of a metropolitan borough should be able to bind them- c. 14, s. 8 selves by an unsealed contract made indirectly through a committee, (2), n. when they could not bind themselves by such a contract made directly. It seems therefore clear that the power of the council to delegate contracting powers to a committee must be impliedly restricted to such contracts as do not require sealing, or that the council must be taken to have power to delegate to a committee the power of affixing the common seal of the council. There are diffi- culties in the way of either supposition. In Firth v. Staines [1897], 2 Q^ B. 70; 66 L. J. Q^ B. 510; 76 L. T. 496; 45 W. R. 575; 61 J. P. 452, the meaning of the proviso to sect. 58 of the Metropolis Management Act, 1855, came in question. In that case a committee of a vestry acting under an enactment enabling the vestry to give notice to an owner of property to execute certain works, and imposing a penalty for non-compliance, caused such a notice to be served on the respondent, and, on his failure to comply with it, caused a summons for penalties to be taken out. After the summons was taken out, the vestry approved the acts of the committee. It was held that the approval of the vestry rendered the acts of the committee effectual as from the time when they were done; and Wright, J., said: "The case must be decided upon the ordinary principles of the doctrine of ratification. To constitute a valid ratification three conditions must be satisfied ; first, the agent whose act is sought to be ratified must have purported to act for the principal ; secondly, at the time the act was done the agent must have had a competent principal ; and, thirdly, at the time of the ratification the principal must be legally capable of doing the act himself." This view, however, involves the somewhat startling pro- position that the approval of the vestry rendered the conduct of the respondent criminal ex post facto ; and, particularly as the judgments in the case do not allude to the difficulty of supposing that an act can be made criminal in this way, the decision can hardly be regarded as altogether satisfactory. The case may be of importance as regards committees of the council of a metropolitan borough, notwithstanding the repeal of the proviso to sect. 58 of the Act of 1855, in cases where the council direct that acts of a committee shall require their approval. It seems that functions delegated to a committee, other than purely ministerial functions, must be exercised by the committee as a body and cannot be delegated by them to sub-committees. See Cook v.Ward (1877), 2 C. P. D. 255; 46 L. J. C.P. 554; 36 L. T. 893 ; 25 W. R. 593. The delegation of powers by an authority to a committee is not, in general, equivalent to a resignation by the authority of the powers in question ; but the delegated powers may be resumed by the authority at any time. See Ruth v. Clarke (1890), 25 Q^B. D. 391 ; 59 L. J. M. C. 120; 63 L. T. 348; 38 W. R. 655. (3.) Every borough council shall from time to time appoint a finance committee for regulating and con- trolling the finance of the council ; and no order for payment of any sum, whether on account of capital or income, shall be made by a borough council except in pursuance of a resolution of the council passed on the recommendation of the finance committee ; and any costs, debt, or liability exceeding fifty pounds shall not be C( 111 mi tit, f. ill incurred except upon a resolution of the council passed 62 & 63 Vict on an estimate submitted by the finance committee. The c - I4 ' s - 8 ^)- notice of the meeting at which any resolution for the payment of any sum by the borough council (otherwise than for ordinary periodica] payments) or any resolution for incurring any costs, debt, or liability exceeding fifty pounds will be proposed, shall Btate the amount of the said sum, costs, debt, or liability, and the purpose for which they are to be paid or incurred. Provided that the foregoing provisions shall not apply to payments made in pursuance of a precept from another authority. Note.— Finance Committee. Order for Payment of Money. —The present sub-section, and sub-sect, (i) of sect. 9, by which it is supplemented, are taken, with little but verbal alteration, from sub-sects. (1), (3), and (4) of sect. So of the Local Govern- ment Act, 1888, which relate to the finances of county councils. (4.) Section fifty-seven of the Local Government Act, 56 &57 Vict. 1894, which relates to joint committees, shall, with the c- ,:: - substitution of the words Local Government Board for County Council therein, apply to borough councils as if they were district councils. Note.— Joint Committees.— Sect. 57 of the Local Govern- ment Act, 1894, w ith the exception of sub-sect. (5), which relates exclusively to parish councils, is as follows — "(1.) A parish or district council may concur with any other parish or district council or councils in appointing out of their re- spective bodies a joint committee for any purpose in respect of which they are jointly interested, and in conferring, with or without con- ditions or restrictions, on any such committee any powers which the appointing council might exercise if the purpose related exclusively to their own parish or district." " (2.) Provided that a council shall not delegate to any such committee any power to borrow money or make any rate." "(3.) A joint committee appointed under this section shall not hold office beyond the expiration of fourteen days after the next annual meeting of any of the councils who appointed it." " (4.) The costs of a joint committee under this section shall be defrayed by the councils by whom it is appointed in such proportions as they may agree upon, or as may be determined in case of difference by the county council." Part IV. of the 1st Schedule to the Local Government Act, 1S94. contains certain rules applicable to the proceedings of committees appointed under that Act, including joint committees appointed under sect. 57. It is submitted that the rules must be taken to apply to joint committees appointed under the present sub-section, but the point is far from clear. They are as follows : "(1.) The quorum, proceedings, and place of meeting of a com- mittee, whether within or without the parish or district, and the area (if any) within which the committee are to exercise their authority. London Government Act, 1899. 62 & 63 Vict, shall be such as may be determined by regulations of the council or c. 14, s. 8 councils appointing the committee." (4), n. "( 2 -) Subject to such regulations, the quorum, proceedings, and place of meeting, whether within or without the parish or district, shall be such as the committee direct, and the chairman at any meeting of the committee shall have a second or casting vote." It may be pointed out that unless these rules are to be taken to apply to a joint committee of metropolitan borough councils, the chairman of such a committee, though able to vote in the first instance, will not have a second vote in case of equality of votes : see Reg. v. Chapman (1704), Ca. temp. Holt, 442 ; 6 Mod. 152; Rex v. Ginever (1796) 6 T. R. 732. As to committees generally, see the note to sub-sect. (2) of the present section. Payments to and by borough council. Sect. 9. — (1.) All payments to and by the borough council shall be made to and by the borough treasurer, and all payments by the council shall, unless made in pursuance of the specific requirement of an Act of Parliament, or of an order of a competent court, be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council, and countersigned by the town clerk, and the same order may include several payments. Moreover, all cheques for payment of moneys issued in pursuance of any such order shall be countersigned by the town clerk, or by a deputy approved by the council. Note.— Orders for Payment of Money.— See also as to these orders, sect. 8 (3) and the note thereto. Deputy Town Clerk. — As to the appointment of a deputy town clerk, see sect. 25. (2.) Any such order may be removed into the High Court of Justice by writ of certiorari, and may be wholly or partly disallowed or confirmed on motion and hearing with or without costs according to the judgment and discretion of the court. Note. — Certiorari. — The present sub-section is similar to sect. 80 (2) of the Local Government Act, 1888, which deals with orders of county councils for the payment of money, and to sect. 141 (2) of the Municipal Corporations Act, 1882, which deals with the like orders of councils of municipal boroughs. Apart from the present sub-section there will be two direct ways of impeaching the legality of expenditure by the council of a metro- politan borough. In the first place the legality of expenditure of the kind may be questioned before the auditor by whom the accounts of the council will be audited, and the matter may be brought before the Queen's Bench Division on appeal by way of certiorari from his decision : see sect. 1 4, and the note thereto. lay meats to and by Borough Council. 113 Secondly, the legality of expenditure or proposed expenditure may 62 & 63 Vict, be questioned by an action in the Chancery Division in the name and c. 14, s. 9 with the consent of the Attorney- General : see, as to the principle on (2), n. which such an action will lie, A.-G. v. Broken (18 18), 1 Swanst. 265 ; A.-G. v.Eastlake (1853), n Hare, 205; 2 Eq. Rep. 145; 17 Jur. 801 ; A.-G. v. Brecon Corporation (1878), 10 Ch. D. 204 ; 48 L. J. Ch. 153 ; 40 L. T. 52. In view of these alternative remedies the present sub-section seems quite superfluous, and indeed to some extent embarrassing, since the multiplication of remedies always affords the opportunity of arguing that in a particular case the inappropriate remedy has been selected. An order of the council of a metropolitan borough for the pay- ment of money might be removed by certiorari under the present sub-section, though the formalities prescribed by sub-sect. (1) and sect. 8(3) had not been complied with : see Reg. v. Lichfield Corporation (1843), 4 0^. 893; 12 L. J. C^B. 308. There appears to be no definite limit of time within which the rule for the certiorari must be applied for: see Reg. v. Sheffield Corporation (i87i),L. R. 6 Q^B. 652; 40 L. J. Q^B. 247; S. C. nom. Roberts v. Sheffield Corporation, 24 L. T. 659; but no doubt the rule might be refused if there were undue delay in applying for it. In Reg. v. Voile (1889), 23 Q^ B. D. 483; 54 J. P. 134; S. C. nom. Reg\s. White ley, 5 S L. J. M. C. 164; 61 L. T. 253, members of the council of a municipal borough, who were responsible for the making of an order for the payment of money which was quashed on certiorari, were, on a special application against them, made personally liable for the costs of the proceedings. In that case there had, how- ever, been something in the nature of an attempt to defy the Court on the part of the council. Rates, Overseers, and Audit. Sect. 10.— (1.) A scheme under this Act shall Levy of provide for all the expenses of a borough council being rates - paid out of the general rate, and fur the discontinuance of a separate sewers rate and separate lighting rate, but shall make provision for protecting the interests of owners and occupiers of any hereditament which is exempt from any rate or liable to be assessed thereto at a less amount than other hereditaments. Note.— Schemes. — As to schemes under the present Act generally, see sect. 16 and the note thereto. General Rate, etc.— As to the provisions of the present section dealing with rates generally, see the note at the end of the section. (2.) After the appointed day the general rate and the poor rate shall be assessed, made, and levied to- gether by the borough council as one rate, which shall be termed the general rate, and shall be assessed, made, 1 H4 London Government Act, 1899. 62 & 63 Vict, collected, and levied, as if it were the poor rate, and c. 14, s. 10 a ]j enac tments applying or referring to the poor rate shall, subject to the provisions of this Act as to audit, be construed as applying or referring also to the general rate. Note.— Appointed Day.— As to the appointed day, see sect. 33. Audit. — The provisions of the present Act as to audit are con- tained in sect. 14. Rates. — As to the provisions of the present section dealing with rates generally, see the note at the end of the section. (3.) Where a borough comprises more than one parish, the amount to be raised to meet the expenses of the borough council, or other sums payable as part of those expenses, shall, subject to any provision required for the adjustment of local burdens, be divided between the parishes in proportion to their rateable value. Note.— Apportionment of Expenses.—" Rateable value " is defined by sect. 3+ as including " the value of Government property upon which a contribution in lieu of rates is paid." As to the effect of the present sub-section generally, see the note at the end of the section. (4.) Where any of the adoptive Acts, or any local or other Act, does not extend to the whole borough, any rate required to meet the expenses incurred under the Act shall, subject to the provisions of any scheme under this Act, be levied together with, and as an additional item of, the general rate over the area to which the Act extends. Note.— Adoptive Acts.— As to these Acts, see the note to sect. 4 (2), ante, pp. 76-85. " Local Act." — This expression is defined by sect. 34. Rates. — It seems that the practical effect of the present section will depend very much on the provisions as to rating that will be made by schemes under the Act. By the next section the borough council are to be the overseers of every parish within their borough, and every precept issued by any authority in London for the purpose of obtaining money, which is ultimately to be raised out of a rate within a borough (other than a precept sent to guardians by the Local Government Board, or by a body containing representatives elected by the guardians), is to be served on the council and to be executed by them. Kates. i r 5 Consequently the borough council will have the rating powers of 62 & 63 Vict overseers, and will have to levy money by means of rates in each parish c. 14, s. 10, n. in their borough not only for their own expenses, in the strict sense. but also for the purpose of meeting precepts from other authorities. The principal rates levied in London outside the City, under the general law, using rate as confined in meaning to rates levied directly on the ratepayers, are the poor rate, the general rate, the sewers rate. and in some parishes the lighting rate, all of which rates are, in normal cases, levied by the overseers, but in exceptional cases the power of levying the rates is in other hands. A small part of the proceeds of the poor rate is expended by the overseers in defraying their own expenses. But the bulk of the proceeds of the rate is devoted to meeting the precepts of the board of guardians, and of the Receiver of the Metropolitan Police District. The precepts of the guardians include (besides the sums required by the guardians to meet their expenses, and the contributions required from them towards the metropolitan common poor fund, and the expenses of the Managers of the Metropolitan Asylums District, and similar bodies) the sums required from the several parishes as county contributions towards the expenses of the London Countv Council. The general rate, the sewers rate, and the lighting rate (if any). are levied under the Metropolis Management Acts to meet the expenses of the administrative vestries and district boards, including the con- tributions payable by those bodies out of the general rate to meet the precepts of the London School Board. The enactments under which the three last-mentioned rates are levied are discussed at some length below. It is not within the scope of the present work to discuss the enactments under which the sums required to meet the expenses of the boards of guardians, the London County Council, and the other authorities whose expenses ultimately fall on the poor rate, are raised. The expression "general rate" appears to be used in two. or perhaps it would be more accurate to say three, senses in the present section. In sub-sect, (r) it appears to be used as meaning the existing general rate, which may be called for distinction the " old general rate."' Under that sub-section the" old general rate "is to be amalgamated with the sewers rate and the lighting rate, and this amalgamated general rate is to be charged with the expenses of the borough council under the present Act, and also, subject to sub-sect (4). with their expenses under the Adoptive Acts or any local Act. in addition to the expenses with which the old general rate, the sewer- rate, and the lighting rate are at present charged. By sub-sect (1) this amalgamated general rate is to be further amalgamated with the poor rate; and the new rate thus created, consisting of the amalgamated general rate and the poor rate, is to be termed the " general rate." The new rate thus established, which will take the place of the old general rate, the sewers rate, the lighting rate, and the poor rate, and also, in certain cases, of other special rates, may be called the " new general rate." The new general rate will be levied in eaeli parish in the borough by the borough council, who will be the overseers of the parish, and the law relating to the poor rate will, as provided by sub-sect. (;). apply to the rate. I '1 u6 London Government Act, 1899. 62 & 6* Vict. The borough council, out of the proceeds of the rate, will have c. 14, s. io, n. to defray their own expenses, and also to meet the precepts of the boards of guardians, the London County Council, the London School Board, the Receiver of the Metropolitan Police District, and any other authority there may be, other than the authorities excepted by sect. 1 1 (2), with power to issue precepts that are ultimately to be met out of a rate levied in the borough. The portions of the new general rate representing the several existing rates will, to some extent, have to be kept separate from each other in order to give effect to the provisions of the present section and other provisions in the Act. The necessary provisions for this purpose will doubtless be made by schemes; and probably a form for the general rate will be prescribed either by scheme or by order of the Local Government Board made in pursuance of their powers in that behalf. It seems clear that sub-sect (3) does not apply to the sums the borough council will raise to meet the precepts of other authorities, and that the apportionment of the contributions towards the expenses of such other authorities is not, generally speaking, affected by the present Act. It is difficult to see exactly what the words " or other sums payable as part of their expenses," in sub-sect. (3), refer to. Probably they have been inserted in reference to enactments, such as sect. 7 (1) of the present Act, providing that particular expenses shall be defrayed as part of the expenses of a borough council or of their predecessors. The provision in sub-sect. (3) that the amount to be raised to meet the expenses of a borough council shall be apportioned between parishes according to rateable value is expressed to be " subject to any provision required for the adjustment of local burdens." It is far from easy to see exactly what the effect of these words will be. They will meet cases where, by a scheme under the present Act, provision is made for the incidence of rates inconsistent with the raising of ex- penses in different parishes in proportion to rateable values; and they will also meet cases where there is any express enactment providing that sums required to meet particular expenses of a borough council should be raised in part only of the borough or in particular pro- portions as between different' parts of the borough. They may also be intended to keep alive the very extensive powers at present possessed by administrative vestries and district boards under the enactments dis- cussed below, of adjusting the incidence of their expenses otherwise than according to rateable value. They might even be read, though the writer would not himself place this interpretation on them, as conferring on borough councils a general power of apportioning their expenses between parishes in such manner as they think necessary for the purpose of a proper adjustment of local burdens. The existing law as to the levy of the old general rate, the sewers rate, and the lighting rate, may now be discussed. The principal enactments concerning these rates are contained in sects. 158-169 ot the Metropolis Management Act, 1855. Briefly the scheme of those sections is that the vestry or district board issue a precept (called in the Act an order), to the overseers of their parish, or of the several parishes in their district, distinguishing in all cases the sums required for expenses connected with sewers from those required for their general expenses; and distinguishing, in some cases, the sums required for expenses connected with lighting, as well as those connected with sewers, from those required for their general expenses. The overseers, to meet such precepts, are to levy a separate Rates. 1 1 7 sewers rate for the expenses connected with the sewers; a separate 62 & 63 Vict. general rate tor the general expenses; and, where the precept distin- c. 14, s. 10, n. guishes lighting expenses, also a separate lighting rate tor the expenses of lighting. And to these several rates, namely, the general rate, the sewers rate, and the lighting rate, respectively different incidents attach. Sect. 158 of the Act of 1 S ^ 5 provides as follows : — " Evei y vestry and district board shall from time to time, by order under tl cir seal, require the overseers of their parish, or of the several parishes in their district, to levy, and to pay over to the treasurer of such vestry or board, or into any bank in such order mentioned, and within the time or times thereby limited, the sums which such vestry or board may require for defraying the expenses of the execution of this Act (and such orders may be made wholly or in part in respect of expenses already incurred or of expenses to be thereafter incurred); and every such vestry and board shall distinguish in their orders sums required for defraying expenses of constructing, altering, maintaining, and cleansing the sewers, or otherwise connected with sewerage, and also, where the Lighting and Watching Act, 1833, or any other Act by virtue whereof land is rated in respect of expenses of lighting at a less amount in proportion to the annual value thereof than houses, or is wholly exempted from being rated in respect of such expenses, is in force in any parish, or any part of any parish, at the time of the passing of this Act, distinguish, as regards such parish, or part, the sums required for defraying expenses of lighting their parish or district, from sums required for defraying other expenses of executing this Act ; but every such 1'estry and board may cause to be raised as expenses connected with sewerage such portion of the expenses incident to the conduct of their business in relation to sewerage, in common with the conduct of their other business under this Act, as to such vestry or board may seem just. ..." As to the cases in which lighting expenses are to be distinguished from other expenses, see St. James, Westminster {Governors of Poor) v. St. Mary, Battersea, Overseers (1859), 6 C. B. (N.S.) 878; 29 L. J. M. C. 26 : 6 Jur. (N.s.) 100. Sect. 159 of the Act of 1 S 5 5, provides that " Where it appears to any vestry or district board that all or any part of the expenses, for defraying which any sum is by such vestry or board ordered to be levied as aforesaid, have or has been incurred for the special benefit of any particular part of their parish or district, or otherwise have or has not been incurred for the equal benefit of the whole of their parish or district, such vestry or board may. by any such order, direct the sum or sums necessary for defraying such expenses, or any part thereof, to be levied in such part, or exempt any part of such parish or district from the levy, or require a less rate to be levied thereon, as the circumstances of the case may require; and any such board may refrain, where any entire parish ought in their judgment to be so exempt, from issuing an order for levying any mone\ thereon, notwith- standing they may issue an order or orders for levying sums upon any other parish or parishes in their district." The words in italics in sect. 158, and a clause at the end of that section dealing with the receipts to be given by the overseers for rates. are expressly repealed by sect. 35 (2) and Sched, 111. of the present Act. But there is no express repeal of the rest of sect. 158 nor of sect. 159. It should be observed that there is no express provision as to the proportions in which sums required by a district board are to be n8 London Government Act, 1899. 62 & 63 Vict, apportioned among the parishes. The intention, however, seems to c. 14, s. 10, n. be that the board should apportion their expenses rateably between the parishes, except so far as they think it necessary to depart from that principle of apportionment in order to give effect to sect. 159. See 5/. Botolph Without Aldgate Overseers v. Wbitechapel District Board (i860), 3 E. 8c E. 89 ; 29 L. J. M. C. 228 ; 6 Jur. (N.S.) 1073; 2 L. T. 504; 8 W. R. 691. Under sect. 159, the administrative vestry or district board have very wide powers of adjusting the incidence of the rates required to meet their expenditure with reference to considerations of the different amount of benefit received by different parts of their parish or district, or even practically with reference to considerations of the different extent to which different classes of property benefit by the expendi- ture of the rates. See Reg. v. London, Brighton & South Coast Railway (1879), 5 Q^B. D. 89; 49 L. J. M. C. 32; 41 L. T. 577; 28 W. R. 288, where it was held by the Court of Appeal that a district board had power to insert in their precept on a parish a provision that the rate to be levied under the precept should, as regards all such parts of the parish as consisted of land used as arable, meadow, or pasture ground only, or as woodland, orchard, market garden, hop, herb, flower, fruit, or nursery grounds, be assessed in the proportion of one fourth part only of the net annual value of such land. It seems that the determination of the vestry or district board under sect. 159 on the questions whether expenses are incurred for the special benefit of a particular part of their parish or district, and whether expenses are incurred for the equal benefit of the whole of their parish or district, is final; so that, for example, the quarter sessions could not, on an appeal against a general rate, decide that particular premises ought to be exempt from the rate as deriving no benefit from it, if the vestry or district board had come to the conclusion that they did derive benefit from the rate. See 5/. Botolph Without Aldgate Overseers v. Whitechapel District Board, supra ; Reg. v. Wands- worth District Board (1858), 6 W. R. 576; S. C. nom. West Middlesex Waterworks Co. v. Wandsworth, 22 J. P. 336; Reg. v. Fitch (i860), 24 J. P. 163; Reg. v. Head (1863), 3 B. Sc S. 419; 32 L. J. M. G. 115; 9 Jur. (n.s.) 871; 7 L. T. 708. The opinion to the contrary expressed in Howell v. London Dock Co. (1857), 8 E. & B. 212; 27 L.J. M. C. 177; 4 Jur. (n.s.) 205; 5 W. R. 753, seems to have been in the nature of an extra-judicial opinion, and must it is submitted be regarded as inconsistent with the other cases and incorrect. On the other hand it seems from the cases above cited that it is the duty of the vestry or district board to act upon sect. 159 where in their judgment it applies, so that if, for instance, it could be established that they had come to the conclusion that a part of their parish or district did not benefit equally with the rest of the parish or district by expenditure out of rates, and yet had refused to exercise the powers of sect. 159 in favour of that part of the parish or district, it is possible that the rate might be successfully attacked. So possibly the rate might be attacked if it were shown that the vestry or board purporting to act under sect. 159 had taken in account considerations outside the scope of that section. It would seem to be the intention of the present Act that the borough councils should have the powers of a vestry or district board under sect. 159 so far as regards that part of the new general rate which may be regarded as representing the old general rate, sewers rate, and lighting rate. And probably the Court would lean to this inter- pretation if the matter is left doubtful by the schemes under the Act. Rates. 1 1 9 Sect. i6o of the .Act of iS 55 contains provisions for cases where 62 & 63 Vict, part of a parish is placed under the management of the vestry or board c. 14, 5. 10, n. of an adjoining parish or district. It is ancillary to sect. 140 of the Act, which is repealed by the present Act, and it is difficult to see why it should not also have been repealed. By sect. 161 of the Act of 1S55 the overseers of every parish to whom any order is issued under sect. 158, are to levy the amount named therein, and for that purpose are to make rates upon their parish or the part thereof upon which any sum specified in the order is required to be levied, in respect of each sum ordered to be levied. They are accordingly to levy firstly, a separate "sewers rate," in respect of the sum ordered to be levied for defraying expenses connected with sewers; secondly, (where a separate sum is ordered to be levied for defraying expenses of lighting) a separate " lighting rate"; and thirdly, a separate "'general rate." in respect of the sums ordered to be levied for defraying the other expenses of the Act. The section further provides, broadly speaking, for the application of the law relating to the poor rate to the levy of these rates, and contains some other provisions of minor importance which are amended by sect. 14 of the .Metropolis Management Amendment Act, 1S62. The section is repealed by the present Act, and will be replaced by the provisions of the present section and of the scheme or schemes made under it. Sect. 162 of the Act of 1855 is as follows: " All such hospitals, public schools, and other public buildings, dead walls, and void spaces of ground as are now by law rateable to any rate for the costs and charges of paving, or repairing the pavements within any parochial or other district, either separately or jointly with any other object or objects (except only places of religious worship, and burial grounds, or places which have been used for burial grounds, and are not used for any other purpose"), shall be rateable under this Act to the like extent, and for the like objects or purposes as they may now be rated, and the rates to be made in respect of such objects or purposes shall be payable by the persons now liable to pay the same, and be recoverable in like manner, as any rate to which such buildings and spaces of ground are now rateable as aforesaid in respect of the like objects or purposes." This section, the effect of which is very obscure, is repealed by the present Act. Whether it will in effect be revived by a scheme or schemes under the Act remains to be seen. It may be observed that the section was enacted at a time when a doctrine prevailed that public buildings that were not turned to profitable account were not rateable to the poor rate. This doctrine is now almost entirely exploded. Sect. 163 of the Act of 1855 provides that : " Any sewers rate raised under this Act shall, as regards all land used as arable, meadow, or pasture ground only, or as woodland, orchard, market garden, hop. herb, flower, fruit, or nursery ground, be assessed and levied in the proportion of one fourth part only of the net annual value of such land." This section is repealed by the present Act. Hut it seems clearly intended that it should be in effect revived by a scheme or schemes. The list of partially exempted subject matters may be compared with the list of subject matters partially exempted from certain rates under the Public Health Acts (38 & 39 Vict. c. 55, ss.au (i, A), 230; 53 & 54 Vict. c. 17 ; 54 & 55 Vict. c. 33'), and with the list of subject matters comprised in the definition of "agricultural land " in the Agricultural Rates Act, 1S96 (59 & 60 Vict. c. 16, s. 9) and partially exempt accordingly from the poor rate and other like rates. 120 London Government Act, 1899. 62 & 63 Vict. In Purser v. Worthing Local Board (1887), 18 Q^ B. D. 818; c. 14, s. 10, n. 5 6 L. J. M. C. 78 ; 35 W. R. 682; 51 J. P. 596, the premises of a market-gardener and nurseryman which were almost entirely covered by glasshouses used for growing grapes, vegetables, and flowers on prepared beds were held by the Court of Appeal to be entitled to the partial exemption enjoyed under the Public Health Acts by land used as " market gardens or nursery grounds." On the other hand, in Smith v. Richmond (1899), 15 Times L. R. 523, precisely similar glass houses were held by the House of Lords, affirming a decision of a majority of the Court of Appeal, Vanghan Williams, L.J., diss., not to be entitled to the partial exemption accorded to "agricultural land" by the Agricultural Rates Act, 1896, although the definition of agricultural land in that Act includes "market gardens" and "nursery grounds." Sect. 164 of the Act of 1855 provides that where any property was at the time of the issuing of the first commission under the Metro- politan Sewers Act, 1848 (11 3c 12 Vict. c. 112), "entitled to exemp- tion from or to any reduction or allowance in respect of the sewers rate, such exemption, reduction or allowance shall be observed and allowed in levying any sewers rate under this Act." This section is repealed by the present Act ; but it appears to be intended that it should be in effect revived by a scheme or schemes. The Act of 1848 contained power to form sewerage districts, and by sect. 76 empowered the Metropolitan Commissioners of Sewers to levy " district sewers rates" in such districts, subject to a proviso that " where in any separate sewerage district any property is by law or by the practice of the existing Commission or Commissioners of Sewers entitled to exemption, wholly or partially, from, or to any reduction or allowance in respect of the sewers rate, the commissioners shall in making the district sewers rate observe and allow such exemption, reduction, or allowance." In Hammersmith Bridge Co. v. Hammersmith Overseers (1871), L. R. 6 Q^B. 230; 40 L. J. M. C. 79; 24 L. T. 267; 19 W. R. 750, the opinion was expressed that sect. 164 of the Act of 1855 should be interpreted as continuing the exemptions that existed under the Act of 1848, in other words, as in effect re-enacting the proviso to sect. 76 of that Act. The point was, however, not really in issue, and it would seem to be very arguable that sect. 164 refers to the state of things, not under the Act of 1848, but immediately prior to the coming into operation of that Act. The distinction between the two interpretations is that according to the one the exemption extends not only to property entitled to an exemption before the Act of 1848, but also to property in practice exempted, while on the other the exemp- tion is confined to the former class of property. There may be cases where the levying of the sewers rate before the Act of 1848 was affected by a local Act; but generally the sewers rates levied within the metropolis before that Act were levied under the old law of sewers; and the effect of sect. 164 of the Act of 1855 is, broadly speaking, to preserve with reference to sewers rates under that Act rights of exemption existing under the old law. The principle under the old law is that a sewers rate can only be assessed in respect of property benefited by the works for the purpose of which the rate is made ; but that all property benefited should be assessed rateably without reference to the particular degree of benefit. See Knight v. Langport District Drainage Board [1898], 1 Q^B. 588 ; 67 L. J. CK B. 432; 78 L. T. 260; 46 W. R. 392; 62 J. P. 245, and the cases there referred to. In London, however, the degree of Rates. 1 2 1 benefit may be taken into consideration under beet, i 59 of the Act 62 & 63 Vict. of 1855. c. 14, s. io, n. Sect. 165 of the Act of 1S55 is as follows: -"In every parish or part of a parish in which, at the time of the passing of this Act. the Lighting and Watching Act, 1833, is in force*, the owners and occu- piers of houses, buildings, and property, other than land, shall be rated to every lighting rate made under this Act at a rate in the pound three times greater than that at which the owners and occupiers of land shall berated in such lighting rate: and in every parish or part of a parish in which, under any other Act land is now rated, in respect of expenses of lighting, at a less amount, in proportion to the annual value thereof, than houses, or is now wholly exempted from being rated in respect of such expenses, such land shall continue to he rated to every lighting rate made under this Act, at such less amount, or, where such land is now wholly exempted as aforesaid, shall he wholly exempted from such rate." This section, again, is repealed by the present Act, but is appa- rently intended to be revived by a scheme or schemes. The first clause of the section substantially repeats the provisions contained in sect. 33 of The Lighting and Watching Act, 1833 (3 (1860), 1 L. T. 327 ; 24 J. P. 163. Sect. 166 of the Act of 1855 provides for the enforcement of the precepts against the overseers. Sect. 167 provides for cases where, under a local Act, an administrative vestry themselves make the poor rate. Sect. 168 contains further provisions for cases where the over- seers fail to comply with precepts. These three sections are repealed by the present Act. Sect. 169 of the Act of 1S55 provides that "As between landlord and tenant, every tenant, whether his tenancy have commenced before or after the passing of this Act, and who, if this Act had not been passed would have been entitled to deduct against or to be repaid by his land- lord any sum paid by such tenant on account of the sewers rate, shall in like manner be entitled to deduct against or to be repaid by his landlord any sewers rate levied on him under this Act." This section is repealed by the present Act, but is virtually re-enacted in sect. 12. The effect of the section and sect. 1 2 taken together is to keep alive the rights of tenants as against their landlords in respect of the sewers rate under the old law of sewers. As to such rights see Palmer v. Earith (1845), 14 M. & W. 428 ; 14 L. J. Ex. 256 ; Smith v. Humble (1854), 15 C. B. 321 ; 3 C. L. R. 225. It may be added that though the sewers rate and lighting rate do not come' within the operation of the Agricultural Rates Act, 1896 (59 Sc 60 Vict. c. 16), the general rate in most cases does come within that Act, and " agricultural land " is accordingly relieved to the extent of one half from the burden of the rate. A very difficult question might, however, arise as to the applicability of the Act when such an order had been made with reference to the rate as in Reg. v. London Brighton and South Coast Railway, ante, p. 118. Provisions as Sect. 11. — (1.) After the appointed day the council to overseers f each borough shall be the overseers of* every parish and collec- w itlaiii their borough, and shall appoint such officers as tio rates, may be required to assist in the transaction of the business, and shall defray the expenses of and incidental to the performance of the duties, of overseers. Provided that the town clerk of each borough shall have the powers and duties and be subject to the liabilities of overseers with respect to the preparation of lists of voters and of jury lists in the borough, and any docu- ment required to be signed by overseers may be signed by the town clerk. Note.— Borough Council to be Overseers.— The present sub-section is supplemented by sub-sects. (3) and (4) of sect. 23, which provide that the churchwardens of parishes in metro- politan boroughs shall cease to be overseers, and contains provisions as to property vested in the churchwardens and overseers, or in the overseers, and as to cases where the overseers are trustees of a charity. By sect. 30 any assistant overseers, rate collectors, and other officers employed in the performance of duties of overseers within a metropolitan borough are to be transferred to and become officers of Precepts. i«3 the council of the borough. As to such existing officers, and as to 62 & 63-Vict. the appointment of officers to assist in the transaction of the business c. 14, s. 11 of overseers under the present sub-section, see the note to that 0), n. section. Preparation of Lists of Voters.— By sect. 4 (1) of the present Act it is provided that the clerk ot" the council of a metro- politan borough shall be called the town clerk, anil shall be the town clerk within the meaning ot" the Acts relating to the registration of electors. By sect. 27 (2) an Order in Council may be made for adapting the enactments relating to the registration of electors to the provisions of the present Act with respect to the duty of the town clerk and overseers. It is not within the scope of this work to discuss these enactments, which are of immense complexity. Jury Lists. -The preparation of jury lists is regulated by the Juries Acts. 1825, 1862, and 1870(6 Geo. IV. c. 50; 25 ect. 5 of the Poor Law Amendment Act. [866 (20 & 30 Vict. c. 1131, now repealed by the Statute Law Revision Act, 1893, bul not so as to revive the necessity for a sealed order. 136 London Government Act, 1899. 62 & 63 Vict, of an audit of poor law accounts by an advertisement in a newspaper, c. 14, s. 14, n. and it is provided that the production of a copy of such newspaper shall in all events and for all purposes be deemed sufficient evidence of the notice of the audit ; and " except where a party, not being an officer bound to account to the auditor, shall be surcharged by such auditor, it shall not be necessary to prove that the audit of any accounts was adjourned, and that notice of such adjourned audit was given." Sect. 8 of the same Act contains provisions securing that any person to whom notice of the audit is not required to be given shall have an opportunity of being heard in his defence before he is surcharged by the auditor. Sect. 9 of the same Act provides that " in any proceedings to be taken by an auditor, or by his attorney, before justices, to recover sums certified by him to be due, it shall be sufficient for him to produce a certificate of his appointment under the seal of the Poor Law Commissioners, or of the commissioners aforesaid, and to state and prove that the audit was held, that the certificate was made in the book of account of the union or parish to which the same relates, and that the sum certified to be due had not been paid to the treasurer of the guardians of the union or of the parish, as the case may require, within seven days after the same had been so certified, nor within three clear days before the laying of the information, of which non-payment a certificate in writing purporting to be signed by the treasurer, shall be sufficient proof on the part of the auditor ; and if at the hearing of such information it shall be proved that the said sum had been paid to the treasurer subsequently to the date of such last-mentioned certificate, the costs incurred by such auditor shall be paid by the party against whom the information shall be laid, unless he prove that notice of such payment had been given to the auditor twenty-four hours at least prior to the laying of the information." The justices to whom application to enforce an auditor's surcharge is made" cannot go behind the auditor's decision {Reg. v. Linford (1857), 7 E. 8c B. 950; Reg. v. Finnis (1859;, 1 E. & E. 935; 28 L. J. M. G. 201 ; 5 Jur. (n. s.) 79 1 )- But the y are not bound to issue their warrant for the sum appearing in the certificate if it is shown, without questioning the auditor's decision, that the sum in question is not due, as for example, where it has been paid {Reg. v. Fordham (1873), L. R. 8 Ql B. 501; 42 L. J. M. G. 153; 22 W. R. 85). A sum certified by the auditor to be due is in the nature of a debt, and the debt, being provable in bankruptcy, is barred by an order of discharge {Reg. v. Master (1869), L. R., 4 Ch B. 285 ; 38 L. J. M. C. 73 ; 17 W. R. 442 ; s. c. nom. Reg. v. Martin, 19 L. T. 733). As to the auditor's costs, reference may be made to Prestv. Royston Union (1875), 3 3 L. T. 564; 24 W. R. 174, which was the sequel to Reg. v. Fordham, cited above. Orders and Schemes. Appointment Sect. 15.— (1.) It shall be lawful for Her Majesty of Commis- [ n Council to refer to a Committee of the Privy Council sioners and ^ a pp i n tment of Commissioners to prepare such Orders of OrdersTnd and schemes as are required for carrying this Act into schemes. effect, and the Committee may settle the Orders and Orders and Schemes. T 37 schemes so prepared, and may employ such persons ^^ | they may deem necessary for the purposes of this Act. ^ ' Note. - Committee of Privy Council.— The Lord Pre- sident of the Privy Council, the President of the Local Government Board, Lord James of Hereford, C. T. Ritchie. Esq., M.P., J. L. Wharton, Esq., M.P., and L. R. Wodehouse, Esq., M.P., or any three of them, have been appointed the Committee of the Privy Council for the purposes of the present Act : London Gazette, July 14, 1899. Commissioners.— Sir Hugh Owen, G.C.B., Sir Samuel John- son, and A. T. Laurence, Esq., Q.C., have been appointed Com- missioners under the present sub-section. Orders in Council.— The following are the subject-matters to be dealt with by Orders in Council under the present Act. The formation of the metropolitan boroughs and the determina- tion of their boundaries, and the establishment and incorpora- tion of the borough councils: see sect. 1. The determination of the number of councillors, the number and boundaries of wards, and the apportionment of the councillors among the wards: see sect. 2 (2). The division of parishes and certain other dealings with parish and other boundaries: see sects. 17 (2), 18 (1, 2, 4). The addition of a,n urban district to the county of London in certain cases: see sect. 18 (3). The annexation of Penge to a London borough, or its separation from London, and consequential matters: see sect. 20 (1). The detachment of Kensington Palace from the borough of West- minster: see sect. 21. The naming of the metropolitan boroughs: see sect. 27 (1, a). The determination of the dates for the retirement of the first aldermen and councillors: see sect. 27 (1, //). The giving of directions as to the first meeting of the borough councils, and the temporary modification of the Act with reference to the first constitution of a borough council : see sect. 27 (1, c). The adaptation of the enactments relating to the registration of electors: see sect. 27 (2). The bringing into force of the revised lists of voters in the year 1900 : see sect. 27 (3). The adaptation of the transitory provisions of the Local Govern- ment Act, 1894, as incorporated with the present Act: see sect. 33 (2 ). Schemes.— As to the purposes for which schemes are to be made, the procedure with reference to the making of schemes, and the effect of schemes when made, see sect. 16 and the note thereto. (2.) Before any Order in Council forming an ana into a borough is made under this Act, the draft thereof shall be laid before each House of Parliament fora period of not less than thirty days during the session of Parlia- ment, and if either of those Houses before the expiration ict. 5 138 London Government Act, 1899. 62 & 63 Vict, of those thirty days presents an address to Her Majesty c i4> s. 15 against the draft or any part thereof, no further pro- ^' ceedings shall be taken thereon, without prejudice to the making of any new draft Order. (3.) The Commissioners shall for the execution of their duties under this Act have the like powers as inspectors of the Local Government Board. Note.— Powers of Local Government Board In- spectors. — The powers of these inspectors are derived from sect. 296 of the Public Health Act, 1875, which enacts that "In- spectors of the Local Government Board shall, for the purposes of any inquiry directed by the Board, have in relation to witnesses and their examination, the production of papers and accounts, and the inspec- tion of places and matters required to be inspected, similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts." With respect to the powers of poor law inspectors to summon witnesses, &c, sect. 21 of the Poor Law Board Act, 1847 (10 & 11 Vict. c. 109), provides as follows : — " The said inspectors may summon before them such persons as they may think necessary for the purpose of being examined before them upon any matter concerning the administration of the laws relating to the relief of the poor, or any other matter placed by law under the control or regulation of the commissioners, or for the purpose of producing and verifying upon oath any books, contracts, agreements, accounts, writings, or copies of the same, in anywise relating to such matter, and not relating to or involving any question of title to any lands, tenements, or hereditaments not being the property of any parish or union, and may examine any person whom they shall so summon, or who shall voluntarily come before them to be examined upon any such matter upon oath, which each of the said inspectors shall be empowered to administer, or instead of administer- ing an oath, the inspector may require the party examined to make and subscribe a declaration of the truth of the matter respecting which he shall have been or shall be so examined ; and all summonses made by any such inspector for any such purpose as aforesaid shall be obeyed by all persons as if such summons had been the summons and order of the commissioners, and the non-observance thereof shall be punishable in like manner : and the costs and expenses of such person so summoned shall be paid in such cases and in such manner as the costs and expenses of persons summoned under the authority of the first-recited Act are now payable : Provided always, that no person shall be required in obedience to any such summons to go or travel more than ten miles from his place of abode." Sect. 26 of the same Act enacts that "every person who upon any examination under the authority of this Act shall wilfully give false evidence, or wilfully make or subscribe a false declaration, shall, on being convicted thereof, suffer the pains and penalties of perjury ; and every person who shall refuse or wilfully neglect to attend in obedience to any summons of . . . any inspector, or to give evidence, or who shall wilfully alter, suppress, conceal, destroy, or refuse to produce any books, contracts, agreements, accounts, maps, plans, surveys, valuations, or writings, or copies of the same, which may be required to be produced for the purposes of this Act, to any person authorised Orders and Schemes. 1 39 by this Act to require the production thereof, shall be guilty of a 62 & 63 Vict, misdemeanour." It is, however, by no means clear how far, if at all, c. 14, - 15 this section is extended so as to apply to inquiries before the commis- <3)> n - sioners under the present Act. (4.) Any expenses incurred by the Committee under this Act shall, to the amounl certified by the Treasury, be paid by tin' London County Council "in of the county fund. Sect. 16. — (1.) A scheme under this Act may make I'ruvision.s to provision — be made by (a) for any matters which under this Act are to be Kcnerae - regulated by scheme ; and (b) for any of the purposes, except police, for which a scheme may be made under Part Eleven of the Municipal Corporations Act, 188'J. so far as 4~> x 46 Vict. those purposes are consistent with this Act; c -50. and (c) for anything which may be done with respect to a parish by an order under section fifty-seven of the Local Government Act, 1888, or may 51 & 52 Vict. be done under section thirty-three of the Local c. 41. Government Act, 1894, so, however, that parishes ;,l '_ lV ■ " A r in different unions shall not be united except c ' with the approval of the Local Government Board ; and (d) for such adjustments as may be required for carrying into effect any of the provisions of this Act or for preventing any injustice with respect to the incidence of any rate or the discharge of any liability or otherwise, and in particular for such adjustments as may be required for the efficient maintenance of any libraries, baths, or washhouses which have been maintained under the provisions of any of the adoptive Acts ; and (e) for preserving, so far as may appear necessary or expedient, any right, power, exemption, or immunity heretofore exercised or enjoyed in respect of property belonging to or occupied by the Crown or any Grovernmenl department; and (/) for making such alterations in the boundaries of the electoral divisions for the purpose of school board elections as may be rendered necessary by any alteration in the area of the county of London ; and 140 London Government Act, 1899. 62 & 03 Vict. (g) for repealing or modifying any local Act other °- *4, s - l6 than the London Building Act, 1894 ; and 57 & 58 Vict W ^ or cari 7 in o i n ^° e ff e °t this Act or any Order in ch. ccxiii. Council made thereunder ; and may contain any incidental, consequential, or supplemental provisions, which may appear to be necessary or proper for the purposes of the scheme. Note.— Provisions to be contained in Schemes. — The matters which are expressly required by the other sections of the present Act to be regulated by schemes are the following: — The abolition of separate authorities under the adoptive Acts, and the transfer of their functions to the borough councils : see sect. 4 (2). The area within which powers and duties of a borough council under any Act conferring powers in relation to some particular area are to be exercised and performed : see sect. 4 (3). The payment of the expenses of the borough council out of the general rate, and the discontinuance of separate sewers rates and separate lighting rates: see sect. 10 (1). The placing of Woolwich under the general law applying to metropolitan boroughs: see sect. 19 (1). The making of such provisions as may be necessary for the apportion- ment and transfer of property and liabilities in relation to the hamlet of Penge, and for the repeal of the application of metro- politan enactments to Penge and the application thereto of the law not applying to London : see sect. 20 (2). The vesting of the powers and duties of any vestry which relate to the affairs of the church in the inhabitants ; the vesting of any interest of the vestry in church property in the incumbent and churchwardens or one or some of them ; and the collection of any rate connected with a church or an incumbent : see sect. 23 (1). The right to use certain buildings in churchyards for church purposes: see sect. 23 (2). The substitution of nominees of the borough council for overseers as trustees of charities : see sect. 2 3 (4). The carrying into effect of the provisions of the Act as to existing officers : see sect. 30 (4). It may further be mentioned in this connection that several of the provisions of the Act are expressed to be subject to any scheme under the Act. These provisions are : — The provisions transferring the powers, etc., of elective vestries and district boards to the borough councils: see sect. 4 (1). The provisions for the levy of rates required to meet expenses under Acts not extending to the whole of a borough: see sect. 10 (4). The provision that the Act shall apply to Woolwich in like manner as if the local board of health thereof were an adminis- trative vestry : see sect. 19 (2). The provisions for the vesting in the borough council of the legal interest in property vested in the overseers or churchwardens and overseers: see sect. 23 (3). The provisions for the application of the transitory provisions of the Local Government Act, 1894: see sect. 33 (2). The provision in sect. 17 (2) that certain places are to be Schemes, 141 separate parishes also is to take effect only unless otherwise providi \i, t. by a scheme. c. 14. Purposes of Scheme under Municipal Corporations Act {Note to (1), n. Clause b). — Part XI. of the Municipal Corporations Act, 1882, which comprises sects. 210-218, is concerned with the creation of new municipal boroughs by charter. A petition for such a charter is by sect. 211 to he referred to a committee of the Privy Council. And by sect. 213 (which is quoted at length infra), where such a petition is referred to the Committee, the Committee are to settle a " scheme." The purposes to be provided for by the scheme are, by sect. 213, "the adjustment of the powers, rights, privileges, franchises, duties, property, and liabilities of any then existing local authority whose district comprises the whole or part of the area of" the borough pro- posed to be created, "either with or without any adjoining or other place, and also of any officer of that authority." \nd "the scheme, so far as it appears to the Committee of Council to be' necessary or proper for carrying into effect the said adjustment as regards any local authority existing at the time of the making of the scheme, may contain provisions for the continuance of that authority, or for the abolition total or partial of that authority, or for the creation of another authority or authorities, and the alteration of the district of the existing local authority, and the union or other relation of the existing local authority and the authority or authorities so created, and for the continuance, modification, transfer, vesting, and extension to the whole of the borough of all or any of the powers, rights, privi- leges, franchises, duties, property, and liabilities of the existing local authority, and may contain such provisions as appear to the Com- mittee of Council to be necessary or proper for fully carrying into effect any such adjustment and provisions as aforesaid." Schemes under the Act are published in the London Gazette before coming into force, and are subsequently confirmed, usually by Order in Council, but occasionally by Act of Parliament. A list of the schemes made under the Act, and confirmed up to January 1st, 1893, with references to the Gazettes in which they will be found, is given in Appendix II. to the " Index to Statutory Rules and Orders," published in that year. The schemes published since January 1st, 1893 up to January 1st, 1899, with references to the Gazettes in which they will be found, are as follows : — London Gazette, The Brighouse (Borough) Scheme, 1S93 . Sept. 29, 1893, P- 5493- The B.>rough and Harbour of Whitehaven Scheme, 1894 May II, 1894, p. 2770. The Borough of Colne Scheme, 1S95 . Aug. 16, 1S95. p. 4633. The Todmorden (Borough) Scheme, 1896 Jan. 7, 1896, p. 77. The Borough of Hemel Hempstead Scheme, 1898 Feb. 25, 1S9S, p. 1192. The Borough of Hove Scheme, 1S98. . April 22, 1898, p. 2512. Alterations of Parish Boundaries {Note to Clause (c)).— Sect 57 of the Local Government Act, 1S88, is concerned with the alteration of the boundaries of parishes and non -municipal county districts. It provides as respects any parish for the making of an order for " the alteration or definition of the boundary thereof"; or, "the division thereof or the union thereof with any other such . . . parish or parishes, or the transfer of part of a parish to another parish." With reference to the incidental matters that may be provided for 142 London Government Act, iSyg. 62 & 63 Vict, in an order under the Act of 1888 (including an order with reference c. 14, s. 16 to parish boundaries under sect. 57) sect. 59 enacts as follows : — (1), n. "(1.) A scheme or order under this Act may make such adminis- trative and judicial arrangements incidental to or consequential on any alteration of boundaries, authorities, or other matters made by the scheme or order as may seem expedient. **'*** " (4.) Any scheme or order made in pursuance of this Act may, so far as may seem necessary or proper for the purposes of the scheme or order, provide for all or any of the following matters, that is to say — " (a.) May provide for the abolition, restriction, or establishment, or extension of the jurisdiction of any local authority in or over any part of the area affected by the scheme or order, and for the adjustment or alteration of the boundaries of such area, and for the constitution of the local authorities therein, and may deal with the powers and duties of any council, local authorities, quarter sessions, justices of the peace, coroners, sheriff, lieutenant, custos rotulorum, clerk of the peace, and other officer therein, and with the costs of any such authorities, sessions, persons, or officers as aforesaid, and may determine the status of any such area as a component part of any larger area, and provide for the election of representatives in such area, and may extend to any altered area the provisions of any local Act which were previously in force in a portion of the area ; and " (b.) May make temporary provision for meeting the debts and liabilities of the various authorities affected by the scheme or order, for the management of their property, and for regulating the duties, position, and remuneration of officers affected by the scheme or order, and applying to them the provisions of this Act as to existing officers ; and " (V.) May provide for the transfer of any writs, process, records, and documents relating to or to be executed in any part of the area affected by the scheme or order, and for determining questions arising from such transfer ; and " (d.) May provide for all matters which appear necessary or proper for bringing into operation and giving full effect to the scheme or order ; and " (e.) May adjust any property, debts, and liabilities affected by the scheme or order." ***** Sub-sect. (6) of the same section provides that in certain cases a scheme or order under the Act may amend a local and personal Act. As regards schemes under the present Act, however, amendments of such Acts are provided for by clause (e) of the present sub-section. Definitions of the expressions " powers," " duties," " property "and "liabilities" contained in the Act of 1888 are quoted in the note to sect. 34 of the present Act. The expression " local authority " is not defined in the Act of 1888. It was held in Reg. v. Durham County Council, Loc. Govt. Chron., 189;. 70, that a burial board is a local authority within sect. 59. Orders under sect. 57 are not published, nor are they necessarily accessible even to the ratepayers of the areas they affect. Sect 59, however, applies not only to orders under sect. 57, but also, inter alia, to provisional orders for the alteration of county and Schemes. 143 borough boundaries made under sects. 52 and 54 of the Local Govern- (,2 & 63 Vict, ment Act, 1888, many of which orders incidentally alter parish c. 14, s. 16 boundaries. A perusal of provisional orders of the kind, which may (D, n. be found in considerable numbers in the schedules to the Local Government Hoard's Provisional Orders Confirmation Acts of recent years, will accordingly show the nature of the provisions it has been found expedient to make under sect. 59 in connection with alterations of boundaries. See, for example, the orders in the schedules to 60 & 6 1 Vict. CC. cxxxviii ; cxxxix ; cxliv ; 61 & f.2 Vict CC. lxxiii ; ccxi. Among the provisions usually inserted in orders for the alteration of parish boundaries, it may be mentioned, arc provisions for the preservation of settlements and status of irremovability acquired in the parishes affected. It should be observed in connection with this subject that certain alterations in parish boundaries are under sects. 17 and 18 of the present Act to be made by Order in Council. Parish Council Powers {Note to Clause (c) continued). — Sect. 33 of the Local Government Act, 1894, is as follows : — "(i.) The Local Government Board may, on the application of the council of any municipal borough, including a county borough, or of any other urban district, make an order conferring on that council or some other representative body within the borough or district all or any of the following matters, namely, the appointment of overseers and assistant overseers, the revocation of appointment of assistant overseers, any powers, duties, or liabilities of overseers, and any powers, duties, or liabilities of a parish council, and applying with the necessary modifications the provisions of this Act with reference thereto. "(2.) Where it appears to the Local Government Board that, by reason of the circumstances connected with any parish in a municipal borough (including a county borough) or other urban district divided into wards, or with the parochial charities of that parish, the parish will not, if the majority of the body of trustees administering the charity are appointed by the council of the borough or district, be properly represented on that body, they may, by their order, provide that such of those trustees as are appointed by the council, or some of them, shall be appointed on the nomination of the councillors elected for the ward or wards comprising such parish or any part of the parish. " (3.) Any order under this section may provide for its operation extending either to the whole or to specified parts of the area of the borough or urban district, and may make such provisions as seem necessary for carrying the order into effect. " (4.) The orcler shall not alter the incidence of any rate, and shall make such provisions as may seem necessary and just for the preserva- tion of the existing interests of paid officers. " (5.) An order under this section may also be made on the application of any representative body within a borough or district. " (6.) The provisions of this section respecting councils of urban districts shall apply to the administrative county of London in like manner as if the district of each sanitary authority in that county were an urban district, and the sanitary authority were the council of that district. "(7.) The Local Government Board shall consult the Charity Commissioners before making any order under this section with respect to any charity." So far as this section refers to overseers and their powers and duties, it will have no application under the present Act, since under sect. 1 1 144 London Government Act, 1899. 62 & 6^ Vict, the councils of the metropolitan boroughs will themselves be the c. 14, s. 16 overseers for every parish in their borough. It seems also that the (I), n. provisions of the section as to assistant overseers will have no application under the present Act, for it appears to be intended that after the Act comes into operation assistant overseers as such shall no longer be appointed in metropolitan boroughs ; but this point is not free from doubt ; see the note to sect. 30. The section as incorporated with clause (r) of the present sub- section will however enable powers, duties, or liabilities of a parish council to be conferred on the council of a metropolitan borough by a scheme under the present Act. Apart also from any scheme under the present Act, it will be open to the Local Government Board, by order under the section, to confer powers, duties, and liabilities of a parish council on the council of a metropolitan borough at any time. The powers, etc. of a parish council under the Local Government Act, 1894, fall into two categories, the first category consisting of powers, etc. which were transferred to parish councils by the Act from existing authorities — e.g. the powers, etc. of the vestry, transferred to the parish council by sect. 6 (1 , a) —the second consisting of powers, etc. attached to parish councils directly by the Act, without any transfer from another authority, e.g. the power to hire land for allotments under sect. 9. There seems to be a good deal of ground for arguing that sect. 3 3 is confined to powers, etc. of a parish council of the latter kind. The Local Government Board however have taken a very wide view of the section in this respect, and have interpreted it as enabling them not only to invest urban authorities, etc. with what may be called the original powers of a parish council, but also to transfer to such autho- rities such functions of existing authorities as in the case of a rural parish were transferred to the parish councils by the Act, and to apply to such authorities the provisions of the Act relating to the powers, etc. of a parish council in this wide sense. Having regard to the terms of sub-sect. (6) of the section, which relates to the extension of the section to London, it would seem very arguable that the sanitary authorities are the only authorities in London on" whom powers and duties can be conferred under the section. But in this respect also the Local Government Board have put a very wide interpretation on the section ; and they have in many cases conferred the power of appointing overseers and assistant overseers and various powers of parish councils upon elective vestries of parishes comprised in districts under district boards, although such vestries are not sanitary authorities. No doubt it is very improbable that the Court would hold any Order of the Local Government Board made under the section to be ultra vires. Schemes under the present Act will have statutory force, and no question as to whether they are ultra vires can be raised ; see post, p. 152. Orders under sect. 33 of the Local Government Act, 1894, are not published, nor are they necessarily accessible even to the ratepayers of the areas they affect. Lists of orders of the kind indicating the subiect matters with which they deal have however been annually published in the appendices to the annual volumes of statutory rules and orders. The provisions of the Local Government Act, 1894, that seem most likely to be applied to metropolitan boroughs by scheme under sect. 33 of that Act as incorporated with clause (r) of the present sub- Schemes. 145 section are those relating to charities, which are discussed in the note 62 & 03 Vict to sect. 23(5). Some account of other provisions of the Local Govern- c. 14, 5. 1 ment Act, 1894, relating primarily to rural parishes which have been (1), n. or may be applied in London under sect. 33 may be useful. Sect. 5 of the Act of 1894 confers the power of appointing over- seers and of appointing and revoking the appointment of assistant overseers on parish councils; provides that churchwardens are no longer to be ex officio overseers in rural parishes; and provides for the transfer of the legal estate in parish property, with some exceptions, to the parish council. \\ here the Local Government Board have conferred the power of appointing overseers on a London vestry they have generally applied this section so as to deprive the churchwardens of their position as ex officio overseers. Sect. 6 of the Act of 1894, inter alia, provides for the transfer of the civil functions of churchwardens, and of certain functions of the overseers to the parish council. It may be observed in this connection that the Local Government Hoard, so far as the writer is aware, have not under sect. 35 conferred any power of overseers on elective vestries or other authorities, except those transferred to the parish council in the case of a rural parish by sect. 6. Sect. 6 also provides, inter alia, for the transfer to the parish council of a rural parish of " the powers exerciseable with the approval of the Local Government Board by the board of guardians for the poor law union comprising the parish in respect of the sale, exchange, or letting of any parish property." The principal Acts conferring on guardians the powers referred to in the enactment are the Union and Parish Property Acts, 1835 & 1837 (5 8c 6 Will. IV, c. 69; 7 Will. IV 8c 1 Vict. c. 50), and the Parish Property and Parish Debts Act, 1842 (5 & 6 Vict. c. 18). These Acts are amended by sect. 8 of the Poor Law Act, 1889 (52 & 53 Vict. c. 56) and by sect. 52 (1) of the Local Government Act, 1894; and their operation is extended by the Sale of Exhausted Parish Lands Act, 1876 (39 8c 40 Vict. c. 62) and apparently by sect. 7 of the Open Spaces Act, 1887 (50 8c 51 Vict. c. 32). Sect. 7 of the Act of 1894 > s concerned with the " adoptive Acts," including the three groups of Acts comprised in the expression " adoptive Acts " in the present Act. It provides inter alia for the transfer of the functions of authorities under those Acts to parish councils. It is by virtue of this section that the Local Government Board have, as is mentioned in the note to sect. 4 (2), where the adoptive Acts are discussed, in many cases transferred the functions of authorities under those Acts in London to elective vestries. Sect. 8 of the Act of 1894 provides as follows : "(1) A parish council shall have the following additional powers, namely, power — " (a) to provide or acquire buildings for public offices and for meetings and for any purposes connected with parish business or with the powers or duties of the parish council or parish meeting ; and " (b) to provide or acquire land for such buildings and for a recrea- tion ground and for public walks ; and " (r) to apply to the Board of Agriculture under section nine of the Commons Act, 1876 ; and "(//) to exercise with respect to any recreation ground, village green, open space, or public walk, which is for the time being under their control, or to the expense of which they have contributed, such powers as may be exercised by an L 146 London Government Act, 1899. 62 & 63 Vict. urban authority under section o;.e hundred and sixty-four c. 14, s. 16 of the Public Health Act, 1875, or section forty-four of (i), n. the Public Health Acts Amendment Act, 1890, in relation to recreation grounds or public walks, and sections one hundred and eighty-three to one hundred and eighty-six of the Public Health Act, 1875, shall apply accordingly as if the parish council were a local authority within the meaning of those sections ; and " (e) to utilise any well, spring, or stream within their parish and provide facilities for obtaining water therefrom, but so as not to interfere with the rights of any corporation or person ; and " (/) to deal with any pond, pool, open ditch, drain, or place- containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudicial to health, by draining, cleansing, covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right or the sewage or drainage works of any local authority ; and " (if) t0 acquire by agreement any right of way, whether within their parish or an adjoining parish, the acquisition of which is beneficial to the inhabitants of the parish or any part thereof; and " (h) to accept and hold any gifts of property, real or personal, for the benefit of the inhabitants of the parish or any part thereof; and " (/') to execute any works (including works of maintenance or improvement) incidental to or consequential on the exercise of any of the foregoing powers, or in relation to any parish property, not being property relating to affairs of the church or held for an ecclesiastical charity; and " (£) to contribute towards the expense of doing any of the things above mentioned, or to agree or combine with any other parish council to do or contribute towards the expense of doing any of the things above mentioned. "(2.) A parish council may let, or, with the consent of the parish meeting, sell or exchange, any land or buildings vested in the council, but the power of letting for more than a year and the power of sale or exchange shall not be exercised, in the case of property which has been acquired at the expense of any rate, or is at the passing of this Act applied in aid of any rate, or would but for want of income be so applied, without the consent of the Local Government Board, or in any other case without such consent or approval as is required under the Charitable Trusts Acts, 1853 to 1891, for the sale of charity estates, provided that the consent or approval required under those Acts shall not be required for the letting for allotments of land vested in the parish council. ***** " (4.) Notice of any application to the Board of Agriculture in relation to a common shall be served upon the council of every parish in which any part of the common to which the application relates is situate." Many of these powers might obviously be conferred on the council of a metropolitan borough under sect. 33. The powers most likely to be of practical utility appear to be those conferred by clauses (*) 00 C?) W 0') and (*) of sub-sect. (1). Sect. 9 of the Act, besides containing provisions as to the procedi re Schemes. 147 for the compulsory acquisition of land for allotments, which could 62 & 63 Vict, apparently not be applied in London, contains provisions as to the c. 14, s. 16 acquisition of land for the purposes of a parish council. In view, (i), n. however, of the provisions as to the acquisition of land by the council of a metropolitan borough under sect. 65 of the Local Government Act, 1S88, as applied l>y Sched. II. of the present Act, it seems improbable that the provisions of sect. 9 of the Act of 1894 would be applied to such a council. Sect. 10 of the Act of 1894 enables a parish council to hire land for allotments and contains provisions under which a parish council may be invested with compulsory powers of hiring land for this purpose. It seems clear that the powers of a parish council under this section could be conferred on the council of a metropolitan borough. Sect. 1 j of the Act of [894, inter alia, empowers a parish council to undertake the repair and maintenance of all or any of the public footways in their parish, not being footpaths at the side of a public road. Sect. 17 of the Act of [894, inter alia, gives the parish council certain powers with regard to the custody of parish documents. Adjustment* {Xote to Clause d). — As to adjustments by schemes under the present Act. see also sub-sect. (2). And as to the principles that should be observed in making adjustments under such Acts as the present, see Re Buckinghamshire County Council and Hertfordshire County Council [1899], • O^B. 515 ; 68 L. J. Q^B. 417 ; 80 L. T. 8? : 63 J- P. 356; Re Rochdale Union and Hasitngden Union [1899 1 , 1 Q^B. 540; 68 L. J. Q^B. 531 ; 80 L. T. 146; 47 W. R. 322. Electoral Divisions for School Board Elections. — The boundaries of the existing electoral divisions of the administrative county of London for the purposes of school board elections were fixed by an order of the Education Department made under sect. 37 of the Elementary Education Act, 1870(33.$: 34 Vict. c. 75), and dated October 7th, 1870. This order, which, with certain other orders of the Department, was specially confirmed by sect. 5 of the Elementary Education Act, 1873 (36 & 37 Vict. c. 86), will be found in the London Gazette of October 1 ith, 1870, p. 4413. The Lambeth division was subsequently divided by sect. 2 of the School Boards Act. 1 SS ^ (48 & 49 Vict c. 38), and an order of the Education Department made under it, which does not appear to be published. Local Acts {Note to Clause g). — By sect. 34 "local Act " is defined as including a provisional order confirmed by an Act, and the Act confirming the order. This definition, however, leaves the meaning to be attached to "local Act " in the present sub-section very open. The modern practice of dividing Acts into general Acts and local Acts, and printing the two sets of Acts in separate volumes, dates only from the beginning of the present century. And in Reg. v. London County Council [1893], 2 CL_ B. 454; 63 L. j. CL B. 4; 69 L. T. 5S0: 42 \V. R. 1 ; 58 J. P. 21, it was held that, under the power to amend a local and personal Act contained in sect. 59 (/>) of the Local Govern- ment Act, 1888, above referred to. a provision of a local character contained in an Ait of \nnc. which was in part ofa genera! character, might be amended. And the judgments certainly seem to suggest that under that sub-section a modern Act of a local and personal character might be amended though it had passed through Parliament as a general Act, and been printed as such. The judgments also suggest that the fact that an enactment is confined to London is sufficient to make it '• local." If "local \ct in the present sub-section were to i. 2 148 London Government Act, 1899. 62 & 63 Vict, receive this wide interpretation, however, the expression would c. 14, s. 16 practically cover all legislation exclusively applicable to London, and ( I )j n - it could hardly have been intended that the power to amend or repeal local Acts by scheme should include power to repeal or amend any such legislation. It may be observed that London legislation is peculiar in that there is very little if any distinction in substance between the kind of legisla- tion effected by Acts relating to London passed and printed as general Acts and that effected by Acts passed and printed as local Acts. For example, the London Building Act, 1894, which was passed and printed as a local Act, was substantially a re-enactment of legislation that up to the passing of that Act was almost entirely contained in Acts confined in operation to London, but passed and printed as general Acts. (2.) In making adjustments by a scheme under this section, regard shall be had to any composition, con- tribution, or exemption, whether statutory or otherwise, which has heretofore existed in regard to any portion of any area dealt with under the scheme. .Note. — Adjustments. — See clause (d) of the preceding sub- section and the note thereon, ante, pp. 139, 147. 45 & 46 Vict. (3.) The provisions of the Municipal Corporations c 50. Act, 1882, as amended by the School Boards Act, 1885, 8 Jr J * ict - with respect to a scheme under Part Eleven of the first- mentioned Act, shall apply in the case of any scheme under this Act with the necessary modifications, and any governors or trustees of the poor or other similar body under a local Act shall be deemed, but the London County Council shall not be deemed, to be a local authority within the meaning of those provisions. There shall also be deemed to be local authorities within the meaning of the said provisions : — (a) the mayor, commonalty, and citizens, and the Court of Aldermen of the City of London, so far as relates to any powers exerciseable by them or by officers appointed by them re- spectively within the ancient borough of Southwark ; and (b) the Dean and Chapter of the Collegiate Church of St. Peter, Westminster, so far as relates to any powers of local government exerciseable by them or their officers within the borough of Westminster, and the Court of Burgesses of the ancient city of Westminster. Note. — Schemes. — Part XL of the Municipal Corporation Act, 1882, comprising sects. 210-218 of that Act, is concerned with Schemes* 149 the grant of charters of incorporation constituting new boroughs. 62 8 63 Vict. The provisions relating to the grant of a charter are no' applied to 1: -.16 London, and it will suffice, in order to make the provisions as to a (3), n. scheme intelligible, to mention that by sects, 210 & 211 it is provided inter alia that a charter may be granted on the petition of inhabitant householders of a town, etc., and thai am such petition shall be referred to a Committee of the Privy Council. I he provisions with reference to a scheme which are applied to scheir.es under the present Act are contained in sects. 213, 214 and 218, and Sched. Nil., which is referred to in sect. 214 (3). The effect of these provisions of the Act of 1SS2, as applied by the present Act, is shortly this:— After a draft of a proposed scheme has been prepared, noticed the fact and of a place where copies of the dratt can be inspected and obtained will be published. Objections to the proposed scheme may then be made b\ "local authority " or persons affected thereby. As to the meaning of "local authority'' for this purpose, see the present sub-section and sect. 213 (6) of the Act of 1882. The draft scheme must also be referred for consideration to the Secretary of State and the Local Government Board. The scheme will then be settled, and notice of the fact and of places where copies of the scheme as settled may be inspected and obtained will be published. At this stage a petition may be presented against it by a local authority affected or by a certain number of owners and ratepayers. If such a petition is presented and is not withdrawn, the scheme will require confirmation by Parliament. But if no petition is pre- sented, or if all petitions presented are withdrawn, the scheme may be confirmed either by Parliament or by Order in Council. In any case the scheme when confirmed will have statutory force, and cannot be questioned either on the ground that it is ultra vires or on the ground of any irregularity in the procedure observed in con- nection with the making of the scheme. So much being premised, the provisions of the Act of 1882, above mentioned, may be set out. They are as follows :— Sect. 213.— "(1.) Where a petition for a charter is referred to the Committee of Council, and it is proposed by the charter to extend the Municipal Corporation Acts to the municipal borough to be created by the charter, the Committee of Council may settle a scheme for the adjustment of the powers, rights, privileges, franchises, duties. property, and liabilities of any then existing local authority whose district comprises the whole or part of the area of that borough, either with or without any adjoining or other place, and also ol any officer of that authority. "(2.) The scheme, so far as it appears to the Committee ol Council to be necessary or proper for carrying into effect the said adjustment as regards any local authority existing at the time ol the making of the scheme, may contain provisions for the continuance of that authority, or for the abolition total or partial of that authority, or for the creation of another authority or authorities, and the alteration of the district of the existing local authority, and the union or other relation of the existing local authority and the authority or authorities so created, and for the continuance, modification, transfer, resting, and extension to the whole of the borough of all or any of the powers, rights, privileges, franchises, duties, property, and liabilities of the existing local authority, and may contain such provisions as appear to 150 Lo7idon Government Act, 1899. 62 & 63 Vict, the Committee of Council to be necessary or proper for fully carrying c. 14, s. 16 into effect any such adjustment and provisions as aforesaid. (3), n. "(3-) The scheme, when settled by the Committee of Council, shall be published in the London Gazette, 1 and shall not be of any effect unless confirmed as herein-after mentioned. "(4.) Where, within one month after the publication of the scheme in the London Gazette, a petition against it by any local authority affected thereby, or by not less than one twentieth of the owners and ratepayers of the borough (such twentieth to be one twentieth in number of the owners and ratepayers of the borough taken together, or the owners and ratepayers in respect of one twentieth of the rateable property in the borough and the owners and ratepayers in all cases to include women not under coverture) has been received by the Committee of Council, and is not with- drawn, the scheme shall require the confirmation of Parliament, and the Committee of Council may, if they think fit, submit it to Parliament for confirmation ; but otherwise, at any time after the expiration of the said month, or after the withdrawal of any petition that has been presented, the Committee of Council may, if they think fit, submit the scheme for confirmation, either to Parliament or to Her Majesty in Council, and in the latter case it shall be lawful for Her Majesty to confirm the scheme by Order in Council. " (5.) A scheme, when confirmed by Parliament or by Order in Council, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parliament, as if the scheme were part of this Act. " (6.) A local authority for the purposes of this Part means a sanitary authority, (not being the mayor, aldermen, and burgesses of a borough subject to the Municipal Corporations Acts), also the corporation of a borough not subject to the Municipal Corporations Acts, a burial board, trustees, commissioners or other persons who, as a public body and not for their own profit, act under any Act for paving, lighting, supplying with water or gas, cleansing, watching, regulating or improving any town or place, or for providing or maintaining a cemetery or market in or for any town or place, and any commissioners, trustees, or other persons (not being justices) maintaining any police force, and any other authority not in this section excepted {and not being a school board], 2 and having powers of local government and of rating for public purposes. "(7.) The district of a local authority for the purposes of this section means the area within which such authority can exercise any Dowers or rights. Sect. 214.— "( 1.) A scheme shall, before being settled by the Committee of Council, be referred for consideration to the Secretary of State and the Local Government Board, and, if and as far as it is intended to affect any authority which is a harbour authority within the meaning of the Harbours and Passing Tolls, &c. Act, 1 861, to the Board of Trade. " (2.) A scheme shall in every case provide for placing the new borough within the jurisdiction of the council as the sanitary authority. "(3.) The regulations contained in the Seventh Schedule with respect to the scheme shall be observed. (1) As to this provision, see sub-sect. (4) of the present section. (2) These words are repealed by the School Boards Act, 1885 ; see post, p. 151. Schemes. 1 5 i "(4.) If the Committee of Council are satis;ied that a local 62 & 63 Vict authority or other petitioners have properly promoted or properly c . 1 1, t. 16 opposed'a scheme before them, and that for special reasons it is right (;;), n. that the reasonable costs incurred by the authority or other petitioners in such promotion or opposition should be paid as expenses properly incurred by the local authority in the execution of their duties, the Committee of Council may order those costs to be so paid, and they shall be paid accordingly. Sect. 218. 1 — "(1.) Where a scheme for a borough has been con- firmed under this Part, or any former enactment, and the municipal corporation of the borough or one-twentieth of the owners and ratepayers of the borough (estimated as in this Part mentioned), or a local authority affected by the scheme, petition the Queen for an amending. scheme, the petition shall be referred to a Committee of the Lords of Her Majesty^ Privy Council (included in the term the Committee of Councifin this Part), ami shall be proceeded on. and this Part shall apply thereto, as nearly as may be. as if the same were a petition for a charter extending the Municipal Corporations Acts to a municipal borough to be incorporated. "(a.) The Committee of Council, if they think tit to submit the amending scheme for confirmation, shall submit the same to Parlia- ment, or they may submit the same to Her Majesty in Council, if the original scheme was confirmed by < >rdcr in Council ; and in the latter case it shall be lawful for Her Majesty to confirm the amending scheme by Order in Council. '•(3.) An amending scheme, when confirmed by Parliament, or by Order in Council, as the case may require, shall have full operation, with, in the former case, such modifications, if any. as are made therein by Parliament, as if the amending scheme were part of this Act." By the School Boards Act, 1885 (48 & 49 Vict. c. 3S), the words "not being a school board" in sect. 213 (6) of the Municipal Corporations Act were repealed, and it is provided that "a scheme under that section, if affecting a school board— (a) shall before being settled by the Committee of Council be referred to the considera- tion of the Education Department; and (A) shall not place the new borough under more than one school board; and (c) may provide for the continuance of any byelaws in force at the date of the scheme." The seventh schedule to the Municipal Corporations Act, 1882, referred to in sect. 214 (3) of that Act is as follows: — 1. "The Committee of Council may, if they think lit, require the draft of a proposed scheme to be submitted to them, either together with the petition for a charter, or at any subsequent period 2. "The draft of a proposed scheme shall be published by advertisement, or placards, or handbills, or otherwise, as the Com- mittee of Council think best calculated for giving notice thereof to all persons interested. 3. " Before settling the scheme the Committee of Council shall consider any objections which may be made thereto by any local authority or persons affected thereby. 4. "The scheme, when settled, shall, besides being published in the London Gazette, 1 be published by advertisement, or placards, or (1) As to this section, see/ >/, p, 152. (2) This provision is modified !>>r the purposes of the present Act by sub-sect. (4), fost, p. 152. 152 London Government Act, 1899. 62 & 63 Vict, handbills, or otherwise, as the Committee of Council think best c. 14, s. 16 calculated for giving notice thereof to all persons interested. (3), n. 5. " Where a scheme is submitted to Parliament for confirmation, the Committee of Council may introduce a Bill for the confirmation of the scheme, which Bill shall be a Public Bill. 6. " Before such Bill is introduced into Parliament the Committee of Council may alter the scheme in such manner as they think proper. 7. " If while the Bill confirming a scheme is pending in either House of Parliament a petition is presented against the scheme, the Bill, so far as it relates to such scheme, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Private Bill. 8. "A scheme shall come into operation at the date of its con- firmation or any later date mentioned in the scheme. 9. " The confirmation of a scheme shall be conclusive evidence that all the requirements of this Act with respect to proceedings required to be taken previously to the making of the scheme have been complied with, and that the scheme has been duly made, and is within the powers of this Act." With reference to these enactments, the following points may be mentioned : — It is not very clear that a scheme under the present Act is in all cases to be confined in operation to a single metropolitan borough. But it is probably intended that this should be so. If this is not so, there will be considerable difficulty in applying the provisions of sect. 213 (4) as to a petition by owners and ratepayers. The provision in sect. 213 (s) will prevent any question being raised as to whether a scheme is or is not ultra vires. See Institute of Patent Agents v. Locknvood [1894], A. C. 347; 63 L. J. P. C. 74; 71 L. T 205. It is not very clear whether sect. 218, as to amending schemes, is intended to be applied to schemes under the present Act or not. The power to deal with the jurisdiction, &c, of school boards under Part XI. of the Act of 1882, as amended by the School Boards Act, 1885, is controlled as regards schemes under the present Act by sect. 31 (5), which provides that nothing in the Act or in any order or scheme under the Act shall abridge, alter, or affect the powers, rights, duties, or jurisdiction of the School Board for London over the area which for the time being constitutes the administrative county of London. (4.) Provided that notification in the London Gazette, and in such other manner as the Committee of Council may direct, of a draft scheme having been prepared or of a scheme having been settled, and of the place where copies of it can be inspected and obtained, shall be substituted for publication of the draft scheme or scheme in the London Gazette or in the manner 45 & 46 Vict re( l u i re d by the Seventh Schedule to the Municipal c 50. ' Corporations Act, 1882. Note.— Notice of Scheme.— Sched. VII. to the Municipal Corporations Act, 1882, is set out in the note to the preceding section. It will be observed that that schedule does not require a draft scheme Boundaries. 153 to be published in the London Gazette, but only a scheme when 62 & 63 Vict. settled. ' : (4), n. Sect. 17.— (1.) Every part of the administrative Rules as to county of London outside the City Bhall be situate in ghsand some borough and some parish, and a parish Bhall not 1"- situate in more than one borough, or partly in a borough anil partly in the ( Jity. Note. — City. — As to the meaning of " City " in the present Act, see the note to sect. 1 . (2.) An Order in Council under this Act may divide a parish or place into parts for the purpose of giving effect to this section or of constituting a satisfactory area for a borough, ami. unless otherwise provided by the Order or by a scheme under this Act, each part shall be a separate parish. Note.— Parish Boundaries.— As to the alteration of parish boundaries by scheme under the present Act, see sect. 16 (1, c), and the note to that clause, ante, p. 141. Sect. 18. — (1.) Every part of a parish in London Detached which is wholly detached from the principal part of the P* 1 * 8 ,°* parish shall by an Order in Council under this Act be liar annexed to or divided between any of the boroughs which it adjoins, and be either constituted a separate parish or be annexed to or divided between any of the parishes which it adjoins, so however that the provisions of this Act with respect to a parish not being situate in more than one borough shall be observed. Provided that if the Commissioners under this Act make a special report to Parliament that by reason of anything done under any of the adoptive Acts, or for any other exceptional reason, it is impracticable to deal with a detached part oi a parish in manner required by the foregoing provisions of this section, those provisions shall not apply. And farther provided that the foregoing provisions of this section shall not apply to the hamlet of Knights- bridge. Note.— Parish Boundaries.— There is no prevision in this sub-section like that in sect. 17 (2), recogni/.in.: that the provisions of the Order in Council as to parish boundaries may be modified by scheme. And there is, therefore, some doubt whether, when a place is constituted a separate parish, or annexed to .mother parish under this sub-section, that arrangement could be altered by a scheme. '54 London Government Act, 1899. 62 & 63* Vict, c. 14, s. 18 (2). Application of Act to Woolwich. (2.) Where the county of London surrounds a de- tached part of a parish in another county, the foregoing provisions shall apply, and the detached part shall for all purposes become part of the county of London and of the appropriate county electoral division. (3.) Where a detached part so becomes part of the county of London, and is part of any urban district the remainder of which adjoins the county of London, the whole of the district may, by Order in Council, if it seems expedient after considering all the circumstances of the case, be added to and form for all purposes part of the county of London and of the appropriate borough. (4.) Where a detached part of a parish in the county of London is wholly surrounded by any other county, the detached part shall for all purposes become part of that county, and where a detached part as aforesaid is surrounded by more than one county, that detached part shall become part of such county as shall be determined by Order in Council under this Act, and every such detached part shall, by Order in Council, be either constituted a separate parish or annexed to or divided between any parish or parishes which it adjoins, and be added to the appropriate county district and county electoral division. (5.) Nothing in this section shall apply to the City of London. (6.) The London County Council and the council of any adjoining county shall be entitled to be heard on any alteration or proposed alteration of the area of the county of London. Note.— Alteration of Area of County of London. — The area of the county of London may be altered under the present section, and also under sect. 20, by the exclusion of Penge. Whether it could be altered also under the general provisions as to the alteration of boundaries in sect. 1 is not clear ; see the note to that section. Sect. 19. — (1.) A scheme under this Act shall provide for placing Woolwich under the general law applying to metropolitan boroughs, and for the repeal of the applica- tion thereto of the provisions of the Public Health Acts and other enactments not applying to London, and for the application thereto of the Metropolis Management Acts, 1855 to 1893, and other enactments applying to London. Note. — Woolwich. — Woolwich at present stands in a very anomalous position as regards its local government. Woolwich. 155 It is under the jurisdiction of a local board of health constituted 6a & 63 Vict, originally by a provisional order confirmed by the Public Health c. 14. s. 19 Supplemental Act, 185a (No. 2) (15 x 12 Vict. c. ^3), and the amending Acts were applied to \\ oolwich. By the Metropolis Management .Act, [855, Woolwich was included in the Metropolis as one of the parishes in Schedule A. And it is now accordingly within the County of London, and subject to the juris- diction of the London County Council. Hut by sect. 23S of that Act, it was provided that the Act should extend to Woolwich to the limited extent therein specified only. And the Metropolis Manage- ment Acts, have accordingly only a limited and partial application in \\ oolwich. The Public Health Act, 1848, and the amending Acts were repealed in general terms by sect. 343 of the Public Health Act, 1875; but by sect. 2 of that Act it was enacted that the Act should not, save as expressly provided, extend to the Metropolis. This left it doubtful whether or not the provisions of the Public Health Act, 1848, and the other earlier Acts repealed by the Act of 1875 st '" applied to Wool- wich. By sect. 2 of the Local Government Board's Provisional < »rders Continuation (Amersham Union Sec.) Act, 1880 (43 & 44 Vict. c. lix.), however, it was, after reciting these doubts provided that the Acts in question, so far as those Acts were in force in the parish of Wool- wich immediately prior to the passing of the Public Health Act, 1875, should be deemed to have remained and to continue in force in that parish. By the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), the Woolwich Local Board of Health were made a sanitary authority for the purposes of that Act {lb. s. 99) : sect. 2 of the above-mentioned Act of 1880 was repealed ; and it was provided by sect. 102 that "the provisions of the Public Health Acts, which are set out in the second schedule to this Act, except so far as they are superseded by this Act, shall extend to the parish of W oolwich, and to the local board of health thereof, in like manner as they apply to any urban sanitary district elsewhere, and the sanitary authority thereof, without prejudice to the existing effect of the Metropolis Management Act, 1855, and the Acts amending the same, or to the powers, duties, and liabilities of the county council and the local board of health of Woolwich under the latter Acts." The second schedule to the Act enumerates most of the sections of the Public Health Act, 1875, and the whole of certain amending Acts. The provisions of sects. 31, 46 and 48 of the Local Government Act, 1894, which regulate elections under that Act, and prescribe the qualifications of the electors and of the persons to be elected at such elections, extend to the Woolwich Local Board of Health as well as to metropolitan vestries. The Local Board are a local authority under the London Building Act, 1894 (56 & 57 Vict c. ccxiii. See sect. 5 (42)), and under Part II. of the Housing of the Working Classes Act. 1890 (53 & 54 Vict. c. 70, see ss. 54, 92 and Sched. I.). (2.) Subject to the provisions of any such scheme, this xVct shall apply to Woolwich in like manner as it' the local boa rd 01 health thereof were an administrative vestry. (3.) Nothing in this Act shall prevent the council of 156 London Govei-nment Act, 1899. 62 & 63 Vict, any borough consisting of or comprising Woolwich from 14, s. 19 continuing to make any contribution for the purpose of technical education hitherto made by any local authority, or from exercising any existing powers of carrying on a market. Note.— Technical Education.— The Technical Instruction Acts, 1889 and 1891 (52 & 53 Vict. c. 76; 54 Vict. c. 4), enable the " local authorities " under those Acts to supply or aid in the supply of technical instruction. The local authorities under the Acts are, " the council of any county or borough, and any urban sanitary authority within the meaning of the Public Health Acts" (52 & 53 Vict. c. 76, s. 4). It may be inferred from the present sub- section that, rightly or wrongly, the Local Board of Health of Woolwich have assumed to act as a local authority under these Acts. Markets. — The saving with regard to markets is required owing to the circumstance that the local board of Woolwich have powers to establish and carry on markets under sects. 166-168 of the Public Health Act, 1875, and the Acts incorporated therewith, while administrative vestries and district boards have no corresponding powers. S] ecial pro- Sect. 20. — (1.) An Order in Council under this Act vision as to ma y e ither annex Penge to the borough of Lewisham or : '""''' to the borough of Camber well, or separate it from the county of London and make it form part of the county of Surrey or of the county of Kent, and if it is so separated shall provide for constituting it an urban district, or for adding it to an adjoining county borough or urban district, and if necessary shall determine the county electoral division to which it is to belong. (2.) A scheme under this Act shall make such pro- vision as may be necessary for the apportionment and transfer of property and liabilities, and for the repeal of the application to Penge of the Metropolis Management Acts, 1855 to 1893, and any other enactments applying to London, and for the application thereto of the Public Health Acts and other enactments not applying to London. Note. — Penge. — As to the present position of Penge in regard to local government, see the table of areas in the appendix. The chief peculiarity about it is that it is the only area in the administrative county of London comprised in a union (namely, the Croydon union) which is not wholly within that administrative county. Provision as Sect. 21. An Order in Council under this Act may to Keming- detach Kensington Palace from the borough of West- ton Palace. m i lis ter and attach it to the borough of Kensington. Church Affairs. 157 Sect. 22. The places known as the Inner and Middle Temples shall for the jrarposes of this Art be deemed fco c< 14, ' 2l be within the city of London. Provi J as to the Temples. Supplemental, Sect. 23.— (1.) Nothing in this A«-t shall transfer to Church a borough council any powers So : 26 L. J. Ch. 246; 3 Jur. ^N.s.) 17155 W. R. 24S, it was held that the provisions in the Acts of 1855 and 1S56 above-mentioned, had not transferred to the elective vestry a right of presentation to a living exerciseable by the parishioners of the parish under an old deed of trust under which the advowson was held in trust for the parishioners. As to the construction of the last mentioned enactments, see- further, A.G. v. Drapers Co. and Re Hayle, cited in the note to sub-sect. (5) post, pp. 167, 168, and see also Vaugban v. Imray (1859) 1 E. & E. 633; 28 L.J. M. C. 78; 5 Jur. (N.S.) 980; 7 W. R. 240; Reg. v. Rendel (1861) 1 B. & S. 54; 3<> L. J. M. C. 135; 7 Jur. (N.S.) 1072; 9 W. R. 666; decided with reference to the levy of the poor rate and the election of guardians under local Acts. Incumbent and Churchwardens. — The incumbent and church- wardens of a parish for which an elective vestry was constituted under the Metropolis Management Act, 1855, were made ex officio members thereof by sect. 2 of that Act. And it is considered that the Local Government Act, 1894, nas n °t effected any change in this respect. Sect. 2 of the Act of 1855 is expressly repealed by the present Act ; and that being so the provision in the present sub-section that the incumbent and churchwardens shall not be ex officio members of a borough council seems superfluous. (2.) Provided that any building which belongs to anv body whoso powers and duties are transferred to any borough council by 01 under this Act, and which has been erected wholly or partly on a churchyard shall, with its appurtenances, be transferred to and vest in the council, subject to such right of use for church purposes as lujiv be given by the scheme. (3.) As from the appointed day. the churchwardens of every parish within a metropolitan borough shall cease to be overseers, and references in any Acl to the church- wardens and overseers of any such parish shall, except so far as those references relate to the affairs of tne church, be construed as references to the council of the borough comprising the parish, and the Legal interest in all property vested cither in the overseers or church- wardens and overseers of any such parish (other than i Go London Government Act) 1899. 62 & 63 Vict, property connected with the affairs of the church or held c. 14, s. 23 f or an ecclesiastical charity within the meaning of the _ 3 , „ — v Local Government Act, 1894), shall, subject to the c 73 ' C provisions of any scheme under this Act, vest in the borough council. Note. — Churchwardens as ex officio Overseers.— In a large number of metropolitan parishes the churchwardens have already ceased to be ex officio overseers by virtue of orders of the Local Government Board made under sect. 33 of the Local Government Act, 1894. As to which section, see ante, pp. 143, 144. It seems that references to the churchwardens and overseers in an enactment relating to the affairs of the church must in future be read as references to the churchwardens and the borough council. So far as the writer is aware, however, the enactments of the kind are few and unimportant. Legal Interest in Parish Property.— The Poor Relief Act, 1819 (59 Geo. III. c. 12) enabled the churchwardens and overseers of a parish to acquire land and buildings for certain purposes (lb. ss. 8, 10, 12), 1 and provided that all buildings, lands, and hereditaments acquired by the churchwardens and overseers under that Act should be assured to the churchwardens and overseers of the parish and their successors, and that such churchwardens and overseers should and might " accept, take, and hold, in the nature of a body corporate, for and on behalf of the parish, all such buildings, lands, and hereditaments, and also all other buildings and hereditaments belonging to such parish" (lb. s. 17.) This enactment has not the effect of constituting the church- wardens and overseers a corporation to all intents and purposes so as to invest them with all the common law attributes of a corporation; it merely places them in the position of a corporation for the specific purposes mentioned. See Smith v. Adkins (1841), 8 M. & W. 362; i D. (N.S.) 129; 11 L. J. Ex. 83; Gou/dszvorth v. Knights (1843), 11 M. & W. 337; 12 L. J. Ex. 282. It has the effect of vesting freehold and leasehold lands held for the general benefit of the parish, that is for purposes to which the poor rate or the church rate is applicable, in the churchwardens and overseers, where the trustees, if any, of such lands cannot be found ; and it has this effect in the case of land granted to the parish before the passing of the Act. See Doe d. Jackson v. Hiley (1830), 10 B. 8c C. 885 ; 5 Man. & R. 706; Doe d. Higgs v. Terry (1835), 4 A. & E. 274; 5 N. 8c M. 556 ; 1 Har. 8c W. 547 ; 5 L. J. M. C. 27 ; Doe d. Hobbs v. Cockell (1836), 4 A. & E. 478; s.c. nom. Doe d. Higgs v. Cocke//, 6 N. & M. 179 ; 5 L. J. M. C. 81 ; Alderman v. Neate (1839), 4 M. c. v. Sketchley (1847), 8 Q^ B. 394 ; 17 L. J. M. C. 17; 12 Jur. 38 ; Ex p. Nicholls, Re Hackney Charities (1864), 34 L. J. Gh. 169; 10 Jur. (N.s.) 941 ; 11 L. T. 35; 12 W. R. 1 129, reversed in C. A. on grounds not affecting the construction of the above enactment, 4 De G. J. & S. 588; 34 L. J. Ch. 176; 11 Jur. (N.s.) 126; (1) The powers of the churchwardens and overseers for the acquisition of land under these sections were transferred to the guardians by the Union and Parish Property Act, 1835 (5 & 6 Will. IV. c. 69, s. 6), and sects. 8 and 10 of the 59 Geo. III. c. 12, were repealed by the Statute Law Revision Act, 1873. Parish Property. 1 1 ii L. T. 758; 13 W. R. 398; see also Haigb v. West [1893], G2 \- 63 Vict 2 Q^B. 19; 62 L. J. Q^B. 53-; 69 L. T. 165; 57 J. P. 35S. c. 14, s. 23 Oil the other hand it does not apply to copyhold land (see A. G. v. (3), n. Lewin (1837), 8Sim. 366; 6 L.J. Ch. 204: 1 Jur. 234: Re Paddington Charities (1837), 8 Sim. 629; 7 L. J. Ch. 44: Doe d. Bailey v. foster (1S46), 3 C. B. 21; ; 15 L.J. C. P. 263); nor to land held upon special trusts, such as a trust for the apprenticing of poor hoys or the distribution of loaves of bread (see A. G. V. Lewitl, supra ; Allason v. Stark (1838), 1 P. 8c D. 1S3 ; 9 A. & E. 255; 8 L. J. M. C. 13; Exp. Nicbolls, Re Hackney Charities, ante, p. 160); nor apparently to land held upon trust for the parish by known trustees (see 67. Nicholas, Deptford, Church- wardens, be. v. Sketchley, ante, p. 160, expressly overruling on this point Rumballx. Mtwrf (i 846), SQ^B. 382; i 5 L.J.Q^B. 180: iojur.539, and also impliedly overruling Exp. Annesley (1836), 2 Y. 8c C. 350; 6 L. J. Ex. in Eq. 81, and Doe d. Edney v. Billett (1845), 7 Q^B. 976 ; 14 L. J. C^B. 343; y Jur. 662). The enactment apparently applies to the overseers in townships, 8cc, where the churchwardens are not ex officio overseers (see 59 Geo. III. c. 12, s. 35), but this point does not seem to have been decided. Orders of the Local Government Board under which churchwardens have ceased to be ex officio overseers will generally be found to make provision as to the legal interest in property vested in the church- wardens and overseers. There are certain enactments, subsequent to the Act of 18 19, under which property may be held for particular purposes by the church- wardens and overseers: eg., the Recreation Grounds Act, 1859 (22 Vict. c. 27). The exception in the present sub-section with reference to property connected with the affairs of the church or held for an ecclesiastical charity is very difficult to understand. It will be observed that the exception is worded so as to apply, not only where such property is held by the churchwardens and overseers, but also where it is held by the overseers only. Yet, seeing that the borough council are to be the overseers, it is very difficult to see how, in the case of property held by the overseers alone', the legal estate can vest in any persons or body other than the borough council. Where property is at present held for the purposes in question by the churchwardens and overseers, it will apparently under the present Act be held by the churchwardens and the borough council. Cases where the legal interest in property held for these purposes is vested in the churchwardens and overseers, or in the overseers alone, are, however, probably very rare. Indeed, it is difficult to see how the overseers or churchwardens and overseers can be invested with the legal interest in property held for a charity except under a local Act. Affairs of the Church ; Ecclesiastical Charity.— Definitions of these expressions are contained in sect. 7 5 (2) of the Local Government Act, 1894, fr° m which the following extracts containing the definitions of "trustees" and "parochial charity," as well as the definitions of the above expressions, may be conveniently quoted here : — " In this Act, unless the context otherwise requires — ******* "The expression 'trustees' includes persons administering or managing any charity or recreation ground, or other property or thing in relation to which the word is used "The expression 'ecclesiastical charity' includes a charity, the M 1 62 London Government Act, 1899. 62 & 63 Vict, endowment whereof is held for some one or more of the following c. 14, s. 23 purposes : — (3), n. " (#.) for any spiritual purpose which is a legal purpose : or, "(£.) for the benefit of any spiritual person or ecclesiastical officer as such ; or, " (c) for use, if a building, as a church, chapel, mission room, or Sunday school, or otherwise by any particular church or denomination ; or, " (d.) for the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of divine service therein ; or, " (?.) otherwise for the benefit of any particular church or denomi- nation, or of any members thereof as such. '• Provided that where any endowment of a charity, other than a building held for any of the purposes aforesaid, is held in part only for some of the purposes aforesaid, the charity, so far as that endowment is concerned, shall be an ecclesiastical charity within the meaning of this Act ; and the Charity Commissioners shall, on application by any person interested, make such provision for the apportionment and management of that endowment as seems to them necessary or expe- dient for giving effect to this Act. - The expression shall also include any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the passing of this Act mainly by or at the cost of members of any particular church or denomination." " The expression ' affairs of the church ' shall include the distribution of offertories or other collections made in any church." "The expression ' parochial charity ' means a charity the benefits of which are or the separate distribution of the benefits of which is confined to inhabitants of a single parish, or of a single ancient ecclesiastical parish divided into two or more parishes, or of not more than five neighbouring parishes." The meaning of clause ((> of the Act of 1894 provides that " nothing in this Act shall affect the trusteeship, management, or control of any elementary school." " Elementary school," it should be mentioned, is defined In- sect. 75 of the Act of 1894 as meaning an elementary school within the meaning of the Elementary Education Act, 1870 (33 3c 34 Vict. c. 75, s. 3; and see 53 & 54 Vict. c. 22, s. 1 ). By sect. 70 (2, 3) of the Act of 1894 it is provided as follows: — "(2) If any question arises or is about to arise under this Act as to the appointment of the trustees or beneficiaries of any charity, or as to the persons in whom the property of any charity is vested, such question shall, at the request of any trustee, beneficiary, or other person interested, be determined in the first instance by the Charity Commissioners, subject to an appeal to the High Court brought within three months after such determination. Provided that an appeal to the High Court of Justice from any determination of the Charity Commissioners under this section may be presented only under the same conditions as are prescribed in the case of appeals to the High Court from orders made by the Charity Commissioners under the Charitable Trusts Acts, 1853 to 1891. (3) An appeal shall, with the leave of the High Court or Court of Appeal, but not otherwise, lie to the Court of Appeal against any decision under this section." The definitions of " parochial charity " and ecclesiastical charity." contained in sect. 75 of the Act of 1894, have been quoted in the note to the preceding sub-section. It will be remembered that the definition of "ecclesiastical charity'' incorporates a substantive pro- vision conferring power on the Charity Commissioners in certain cases to apportion the endowment of a charity that is partly eccle- siastical and partly not. The present sub-section no doubt applies sect. 70 (2, 3) of the Act •of 1894 to questions as to charities arising under the present Act. It probably also applies the substantive provisions in sect. 75 of that Act, so as to enable the Charity Commissioners to apportion the endow- ment of a charity that is partly ecclesiastical and partly not, in cases where such an apportionment is required by reason of any provision in the present Act or in a scheme under it. It is submitted, however, that the present sub-section cannot be regarded as bringing into force as regards London charities the provisions of sub-sect. 1) or sub-sect. (3) of sect. 14 of the Act of 1 66 London Government Act, 1899. 62 & 63 Vict. 1894, although these sections do incidentally confer powers on the c. 14, s. 23 Charity Commissioners. (5), n. The provisions of sect. 14 may, however, be applied to London parishes with the necessary modifications by scheme, by virtue of sect. 15 (1, c) of the present Act and sect. 33 of the Act of 1894: see ante, pp. 143, 144. And probably such a scheme might, in some cases, by virtue of sub-sect. (2) of sect. 33 of the Act of 1894 provide for the appointment of charity trustees by a borough council on the nomination of councillors for a ward or wards. It is submitted, however, that sub-sect. (7) of sect. 33 will not entitle the Charitv Commissioners to be consulted before a provision dealing with a charity is inserted in a scheme under the present Act. It wilL be remembered also that provisions of sect. 14 have already in some cases been applied in London parishes by orders of the Local Govern- ment Board, and that such provisions might be applied after the present Act comes into operation by similar orders. Some observa- tions on the section may accordingly be useful. Sub-sect. (2) of sect. 14 of the Act of 1894 will, in view of the present sub-section of the London Government Act, cease to have an applicability as to overseer trustees in London. It will, however, continue capable of application as regards churchwarden trustees. In Re Rosj' Charity, ante, p. 162, it was held that the sub-section applies where the churchwardens are trustees of a charity, whether the overseers are also trustees of the charity or not. As to sub-sect. (3) of sect. 14, it may be observed that the appoint- ment of additional trustees is authorised under the earlier part of the section only where the governing body does not include any " persons " elected by the ratepayers, etc. The use of the word " persons " in the plural is somewhat remarkable; and it may be doubted, notwith- standing the provisions of the Interpretation Act, 1889 (52 St 53 Vict. c. 63, s. 1), under which, unless the contrary intention appears, words in the plural in modern Acts include the singular, whether the operation of the sub-section is excluded where only one member of the governing body is elected by the ratepayers, etc. The applica- tion of the clause, where the charity is not confined to a single parish, is in many cases fraught with great difficulty. Sub-feet. (4) of sect. 14 will apparently have no applicability in the future in London, since all powers of elective vestries as to non- ecclesiastical charities will pass to the borough councils under sect. 4 (1) of the present Act. See further, post, p. 167. With reference to sub-sect. (6) of sect. 14, it maybe mentioned that the inhabitants of a place affected by a scheme made under the Charitable Trusts Act, i860 (23 & 24 Vict. c. 136), do not appear to have any peculiar power to support or oppose it. Under sect. 8 of that Act any two inhabitants of a parish or place to which a charity was specially applicable were, in the case of a charity of which the gross income exceeded^so, empowered to appeal to the Court of Chancery against an order of the Charity Commissioners made for the estab- lishment of a scheme regulating the charity or for certain other purposes. But now by sect. 10 of the Charitable Trusts Act, 1869 (32 & 33 Vict. c. no), the right of appeal appears to be confined to the Attorney- General or some person authorised by him or by the Charity Commissioners. See Re Hackney Charities, ex parte Nicholls (1865) 4 De G. J. & S. 588: 34 L. J. Ch. 169; 11 Jur. (n.s.) 126; 11 L. T. 758; 13 W. R. 398. With reference to sub-sect. (6) of sect. 14, it should be observed that there is no " parish meeting " except in a rural parish. This Chanties. 167 circumstance has been kxt sight of in some orders of the Local 62 & 63 Vict Government Hoard under sect. 33 of the Act <>t" r8g . c. 14, s. 23 Sub-sect. ( " of sect. 14, it will be observed, contains no provisions '5 , n. as to the filling of casual vacancies among the trustees. It appears, therefore, that the term of office of a trustee appointed under the sub- section to till a casual vacancy will be four years, and that the rotation among trustees appointed under the sub-section will consequently gradually become irregular. Sub-sect. (S) of sect. 14 seems to make it clear that the section, so far at all events as it relates to the appointment of charity trustees, applies, subject to the provisions of that sub-section, not only to existing charities, but also to charities founded in future. An appeal from the Charity Commissioners under the present sub-section will, under sect. 70 (2) of the Local Government Act, 1894, emoted ante. p. 16;, be subject to the conditions imposed in the case of appeals to the High Court from orders made by the Charity Commissioners under the Charitable Trusts Acts. Under sect, s of the Charitable Trusts Act, i.Xf.o (23 & 24 Vict. c. 136), as amended by sect. 10 ofthe Charitable Trusts Act 1869 (32 & . ut. c. tio) such an appeal can only be presented, except in the case of an order removing an officer of a charity (in which case such officer also has a right of appeal) by the Attorney-General, or by some person authorised by him or by the Charity Commissioners. See Re Hackney Charities^ ex parte Nicholls, ante. p. 166. The appeal must be brought within three months after the definitive publication of the order of the Charity Commissioners, and must not be brought, except by the Attorney-General, before the expiration of twenty-one days after written notice under the hand ofthe appellant of the intention to appeal has been delivered to the Charity Commis- sioners at their office, and has been served on the Attorney-General by delivering the same to the solicitor who acts for him in ex officio proceedings relating to charities (23 & 24 Vict C. 136, s. 8 ; 32 & 33 Vict, c 110, s. 11). Security for costs may be required from any appellant other than the Attorney-General (23 & 24 Victc. 1 361 s - and the Attorney-General, or any person authorised by him or by the Charity Commissioners, may appear as respondent {lb. s. 9). In some cases the powers and duties of an elective vestry as to an ecclesiastical charity may be considered to relate to affairs of the church within sub-sect. (1) of the present section. In all other cases it seems that powers and duties of an elective vestry as to charities will pass to the borough council under sect. 4 (1) of the present Act; though alterations of boundary may render it neo to ileal with such powers and duties by scheme. In this connection it should be observed that it is provided by sect. 91 ofthe Metropolis .Management Act, 1855, that nothing in that Act shall extend to or affect any powers or right-, for or in relation to the administration of any charitable trusts, "save that any powers or rights in relation to any such trusts vested, or which would have become voted, in the existing vestry of any parish shall be vested in the vestry of Mich parish as constituted by this Act."' In some cases powers in relation to an eleemosynary charity may be vested in an elective vestry as the successors of a body other than the previously existing vestry under sect. 3 ofthe Metropolis Management Amendmi 56 (19 & 20 Vict. c. 112) quoted ante, p. i r -s. In A. G. v. Drapers Co. (iS^s) 4 Drew 299: 2- L. J. Ch. 54a : 6 W. R. 357, however, it was held that the right of electing alnispeople under the deed of foundation of a charity which vested that right in "the 1 68 London Government Act, 1899. 62 & 61 Vict, minister, churchwardens, overseers of the poor, and such of the c. 14, s*. 23 ' parishioners as should pay taxations to the poor and should not keep (5), n. inmates or poor lodgers " was not transferred to the elective vestry by that enactment. In Re Hayle (1862), 31 L. J. Ch. 612 ; S Jur. (N. s.) 810; 7 L. T, 18 ; 10 VV. R. 577, it was held that where the right to appoint charity trustees was, by a decree of the Court of Chancery of earlier date than 1855, given to the parishioners and inhabitants in vestry assembled, the right was transferred to the elective vestry ; and in view of the provisions of sect. 91 of the Act of 1855 above mentioned it is difficult to see how the contrary could have been seriously contended. (6.) Nothing in this Act shall affect the right to the benefit of any charity, or shall alter or confer any power of altering the defined charitable purposes (if any) to which any property is by law applicable at the passing Mayors of of this Act. boroughs as Sect. 24. With respect to a mayor of a borough being justices of ky yj r t ue f hi s office a justice of the peace — e peace. ^ ^ e shall become a justice of the peace for the county of London ; (2) he shall not be disqualified by reason of being a solicitor practising or carrying on business in the county of London or city of London ; (3) he shall not practise as a solicitor before any justices of the county of London. Note.— Mayor as Justice of the Peace.— The mayor of a metropolitan borough will be a justice of the peace by virtue of the extension to such a mayor by sect. 2 (4) of the present Act of sect. 2 (5) of the Local Government Act, 1888, under which the chairman of a county council is ex-officio justice of the peace. That section provides with respect to the chairman of a county council, that " he shall, by virtue of his office, be a justice of the peace for the county; but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace other than the oath respecting qualification by estate.'' These oaths are, under the Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72, s. 6), the oath of allegiance and the judicial oath. The oath of allegiance is as follows : — " I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, her heirs and successors, according to law. So help me God." (lb. s. 2.) The judicial oath is as follows : — " I • ■ do swear that I will well and truly serve our Sovereign Lady Queen Victoria, in the office of , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill-will. So help me God." (lb. s. 4.) By sect. 11 of the Promissory Oaths Act, 1868 (31 & 32 Vict. c. 72), it is, however, provided that " When an oath is required to be taken under this Act, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words ' solemnly, Mayor as Justice of the Peace. 1 69 ■sincerely, and truly declare and affirm' tor the word 'swear,' and 62 & 63 Vict omitting the words ' So help me God.'" By virtue of the [nterpre- • 14, b. 24, n. tation Act, 1889 (52 & 53 Vict. c. 63 s. 5). moreover, the word "oath" in the Act of 1888 includes an affirmation in the case of such persons. By the Promissory Oaths Act. 1S71 (34 & 35 Vict. C. 4 s , s. a), the oaths'are to he taken before such persons as Her Majesty may from time to time appoint; or before the Lord Chamberlain; or in open court in the High Court of Justice; or in open court at the quarter sessions for the county. It appears that if the mayor of a metropolitan borough is re-elected at the expiry of his term of office he will have to take the oaths oyer again before acting as a justice of the peace, there being no provision like that applicable to the chairman of a district council (59 & 60 Vict. c. 22) dispensing with his so doing. The mayor of a municipal borough is a justice of the peace by virtue of his office not only during his year of office, but. in general, for the succeeding year also, under sect. 155 of the Municipal Cor- porations Act, 1 SS2. But the provisions of this section are not extended to the chairman of a county council (51 8c 52 Vict. c. 41, s. 75), and will consequently not apply to the mayor of a metropolitan borough. Sub-sect. (2) prevents the Justices Qualification Act, 1S71 (34 & 35 Vict. c. 1 8), under which a solicitor is disqualified for becoming or being a justice of the peace for any county in which he practises, from applying to the mayor of a metropolitan borough. The sub-section seems to show by implication that the provisions of the Bankruptcy Acts (46 & 47 Vict. c. 52, s. 32 ; 53 & 54 Vict. c. 71, s. 9), under which bankrupts are disqualified from acting as justices; and the provisions of the Sheriffs Act, 18S7 (50 Sc 51 Vict. c. 55, s. 17), under which the sheriff of a county is disqualified from acting as jnstice for his county, will apply to the mayor of a metro- politan borough. Sect. 25. In case of the illness or absence of the Deputy town town clerk, the borough council may appoint a deputy cle,k - town clerk to hold office during their pleasure, and all things required or authorised by law to be done by or to the town clerk may be done by or to the deputy town clerk, and no defect in the appointment of a deputy shall invalidate his acts. Sect. 26.— (1.) Whenever the Local Government Alteration Board is satisfied that a prima facie case is made out for oi warda a proposal foi the alteration of the number of wards of a metropolitan borough, or of the boundaries of any ward, or of the apportionment of the members of the council among the wards, the Local Government Board may cause such inquiry to be made and such notices to b e given as they may think expedient ; and if satistied that the proposal is desirable, may make an order accordingly. Note. -Wards. — The number and boundaries of the wards of a metropolitan borough, and the number of councillors to be elected first elec- tions, etc 170 London Government Ad, 1899. 62 & 63 Vict, for each ward are in the first instance to be determined by order in c. 14, s. 26 council under sect. 2 (2). (1), n. (2.) Notice of the provisions of the order shall be given, and copies thereof shall be supplied, in such manner as the Local Government Board may direct. (3.) The expenses of and incidental to the making of the order shall be paid by the borough council. Provisions Sect. 27. — (1.) An Order in Council under this Act as to names, gj^all (a) give each of the metropolitan boroughs an appropriate name ; and (6) fix the days, years, and times for the retirement of the first aldermen and councillors ; and (c) give such directions as to the first meeting of the borough councils, and make such other temporary modifications of the provisions of this Act, as may appear to Her Majesty to be necessary or proper for making those provisions applicable in the case of the first constitution of a borough council. (2.) An Order in Council under this Act may make such provisions as appear necessary for adapting the enactments relating to the registration of electors to the provisions of this Act with respect to the powers and duties of the town clerk and overseers, and in particular for applying, so far as appears necessary, the law regula- ting the registration of electors in a municipal borough outside London. Note. — Registration of Electors. —The provisions of the present Act as to the powers and duties of the town clerk and overseers in connection with the registration of electors are contained in sect. 4(1), whereby it is provided that the clerk of the council of the metropolitan borough shall be called the town clerk, and shall be the town clerk within the meaning of the Acts relating to the registra- tion of electors, and in sect. 11 (1), whereby it is provided that the town clerk of each borough shall have the powers and duties and be subject to the liabilities of the overseers with respect to the preparation of lists of voters. (3.) An Order in Council under this Act shall provide for the revised lists of voters in the administrative county of London outside the city being, in the year one thousand nine hundred, printed and signed before the twentieth day of October, and coming into operation as the register for the purpose of borough elections on the first day of November, and may provide for such adjustment of the lists of voters and registers with respect to any alteration First Elections, &*c. 171 under this Act of parish boundaries as may appear 62 & 63 Vict c. 1 ■ (3). required for the purpose of those elections. Note.— -Coming into Operation of Register. —A provi- sion similar to the present section is made as regards years subsequent to 1900 by sect. 3 (4). (4.) On the day on which the first borough councillors elected under this Act come into office, the persons who are then members of elective ve8tries or district hoard-. and the auditors and overseers of any place to be included in a borough, shall cease to hold office, and until that day the persons who are at the passing of this Acl members of elective vestries and district boards, and auditors and overseers, shall continue in oiliee as if the term of office for which they were elected or appointed expired on that dav, and, except for the purpose of filling casual vacancies, no further election or appointment shall be held or made. Sect. 28. — (1.) Sections two hundred and ninety- Provu seven and two hundred and ninety-eight of the Public ( ' r,1, ' : " s ■'.""■ Health Act, 1875, shall apply to any Provisional Ordei made under this Act as if it were a Provisional Order Government made under that Act. except that the expenses incidental Board. to the Provisional < Irder shall be defrayed by the councils 38 & 39 Vict, concerned in such proportions as the Local Government Board may determine. Note. — Provisional Orders. — Sects. 297 3c 298 of the Public Health Act, 1375, are as follows: — Sect. 297. " \\ ith respect to provisional orders authorized to be made by the Local Government Board under this Act, the following enactments shall be made : — "(1.) The Local Government Hoard shall not make any pro- visional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such pro- visional order relates : " (2.) Before making any such provisional order, the Local Government Board shall consider any objections which may be made thereto by any persons affected thereby. and in cases where the subject-matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which nil persons interested shall be permitted to attend and make objections: "(3.) The Local Government Board may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, but any such order shall be of no force whatever, unless and until it is confirmed by Parliament: " (4.) If while the Hill confirming any such order is pending in 172 London Government Act, 1899. 62 & 63 Vict. either House of Parliament, a petition is presented against c. 14, s. 28 any order comprised therein, the Bill, so far as it relates to (1), n. such order, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of private bills : " (5.) Any Act confirming any provisional order made in pur- suance ... of this Act . . . may be repealed altered or amended by any provisional order made by the Local Government Board and confirmed by Parliament : " (6.) The Local Government Board may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament : " (7.) The making of a provisional order shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with : " (8.) Every Act confirming any such provisional order shall be deemed to be a public general Act. Sect. 298. "The reasonable costs of any local authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Local Government Board, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly ; and if thought expedient by the Local Government Board, the local authority may contract a loan for the purpose of defraying such costs." Provisional orders may be made under sect. 5 of the present Act for the transfer of functions from the London County Council to the borough councils, or vice versa, and for the transfer of functions from the London County Council to the Common Council of the City, or vice versa. Provisional orders may also be made for authorizing the council of a metropolitan borough to acquire land compulsorily by virtue of the extension, under sect. 5 (2) and Sched. II., Part II., to such councils of the enactments enabling county councils to acquire land. (2.) Sub-sections one and five of section eighty-seven 51 & 52 Vict, of the Local Government Act, 1888, shall apply to any c. 41. proceedings of the Local Government Board under or for the purposes of this Act. Note.— Proceedings of Local Government Board.— Sub-sects. (1) and (5) of sect. 87 of the Local Government Act, 1888, are as follows : — Sub-sect. ( 1 ). " Where the Local Government Board are author- ized by this Act to make any inquiry, to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, sanction, or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, and in that case, and also in a case where they are required by this Act to cause to be made a local inquiry, sects. 293 to 296, both inclusive, of Proceedings of Local Government Boar J. 173 the Public Health Act, 1S75. shall apply as if they were herein re- 62 & 63 Vict enacted, and in terms made applicable to this Act. c. 14, s. 28 Sub-sect. (5). "Where the Hoard cause any local inquiry to be (2), n. held under this Act, the costs incurred in relation to such inquiry, including the salary of any inspector or officer of the Board engaged in such inquiry, not exceeding three guineas a day, shall be paid by the councils arid other authorities concerned in such inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the costs incurred, and any sum so certified and directed by the Board to be paid by any council or authority shall be a debt to the Crown from such council or authority." The 'provisions of the Public Health Act, 1875, incorporated with sect. 87 (1) of the Local Government Act, 1888, are as follows: — Sect. 293. "The Local Government Board may from time to time cause to be made such inquiries as are directed by this Act, and such inquiries as they see fit in relation to any matters concerning the public health in any place, or any matters with respect to which their sanction approval or consent is required by this Act." Sect. 294. "The Local Government Board may make orders as to the costs of inquiries or proceedings instituted by, or of appeals to the said Board under this Act, and as to the parties by whom or the rates out of which such costs shall be borne ; and every such order may be made a rule of one of the superior courts of law [now the High Court] on the application of any person named therein." "Sect. 295. "All orders made by the Local Government Board in pursuance of this Act shall be binding and conclusive in respect of the matters to which they refer, and shall be published in such manner as that Board may direct." Sect. 296 relates to the powers of the inspectors of the Local Government Board. It has been set out in the note to sect. 15 (3), ante, p. 138. As to the finality of orders of the Local Government Board under sect. 295, reference may be made to Ex p. Bird (1859), 1 E. 8c E. 931; 28 L. J. Q^B. 223; 5 Jur.(N.s.) 1009; 7 W. R.4-6; 23 J- P- 6 9 J t and Fenwick v. Croydon Union [1891], 2 Q^ B. 216; 60 L.J. M. C. 161; 65 L. T. 645; 40 W. R. 124; 55 J- P- 470- (3.) Where the Local Government Board are authorised by this Act to determine any matter, it shall be at their option to determine the matter as arbitrators or otherwise, and, if they elect to determine the matter as arbitrators, the provisions of the Regulation of Railways Act, 1868, 31 & 32 Vict, respecting arbitrations by the Board of Trade, and the c * 119i enactments amending those provisions, shall apply as if they were herein re-enacted and in terms made applicable to the Local Government Board and the determination of matters under this Act. Note. — Determination of Questions by Local Government Board. — The great distinction between the position of the Local Government Board, where they determine questions as arbitrators and where they determine questions otherwise than as arbitrators, is that in the former case they are subject to the control of 174 London Government Act, 1899. 62 & 63 Vict, the Court as other arbitrators are, so that, for example, they may be c. 14, s. 28 compelled to state a case for the High Court (see Re Kent County (3). n. Council and Sandgate Local Board [189 5], 2 Q^B. 43; 64 L. J.Q^.B. 502 ; 72 L. T. 725 ; 43 W. R. 601 ; 59 J. P. 456), and no doubt their award might be set aside for reasons similar to those on which the Court will set aside the award of an ordinary arbitrator, while where they act otherwise than as arbitrators, they are free from any such control. The provisions of the Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), applied by the present sub-section, are as follows: — - Sect. 30. "Whenever the Board of Trade are required to make any award or to decide any difference in any case in which a company is one of the parties, they may appoint an arbitrator to act for them, and his award or decision shall be deemed to be the award or decision of the Board of Trade. " If the arbitrator dies, or in the judgment of the Board of Trade becomes incapable or unfit, the Board of Trade may appoint another arbitrator." Sect. 31. "The Board of Trade may fix the remuneration of any arbitrator . . . appointed by them . . . and may, if they think fit, frame a scale of remuneration for arbitrators ... so appointed by them, and no arbitrator ... so appointed by them shall be entitled to anv larger remuneration than the amount fixed bv the Board of Trade." Sect. 32. "The provisions of sects. 18-29, both inclusive, of the Railway Companies Arbitration Act, 1859, shall, so far as is consistent with the tenor thereof, apply to an arbitrator appointed by the Board of Trade, and to his arbitration and award . . . and in construing those sections for the purpose of this Act, the word ' companies ' shall be construed to mean the parties to the arbitration." The sections of the Railway Companies Arbitration Act, 1859 (22 3c 23 Vict. c. 59), mentioned in sect. 32 of the Act of 1868, omitting words and passages that will clearly have no application to an arbitration by the Local Government Board under the London Government Act, are as follows : — Sect. 18. "The arbitrator . . . may call for the production of any documents or evidence in the possession or power of the com- panies respectively, or which they respectively can produce, and which the arbitrator . . . shall think necessary for determining the matters referred, and may examine the witnesses of the companies respectively on oath, and may administer the requisite oath . . ." Sect. 19. "Except where and as the companies otherwise agree, the arbitrator . . . may proceed in the business of the reference in such manner as he . . . shall think fit." Sect. 20. "The arbitrator . . . may proceed in the absence of all or any of the companies in every case in which, after giving notice in that behalf to the companies respectively, the arbitrator . . . shall think fit so to proceed." Sect. 21. "The arbitrator . . . may, if he . . . think fit, make several awards, each on part of the matters referred, instead of one award on all the matters referred ; and every such award on part of the matters shall for such time as shall be stated in the award, the same being such as shall have been specified in the agreement for arbitration, or in the event of no time having been so specified, for any time which the arbitrator may be legally entitled to fix, be binding as to all the matters to which it extends, and as if the matters awarded on were all the matters referred, and that notwithstanding the other matters or any of them be not then or thereafter awarded on." Proceedings of Local Government Board. 175 Sect. 22. "The award of the arbitrator. . .if made in writing 62 & 63 Vict. under his . . . hand . . . and ready to be delivered to the companies c. 14, s. 28 within such a time as the companies agree on. or, failing such agree- (3), n. ment, within thirty days next after the matters in difference arc- referred to . . . the arbitrator . . . shall be binding and conclusive on all the companies." Sect. 23. "Provided always, that (except where and as the com- panies otherwise agree) the umpire, from time to time by writing under his hand, may extend the period within which his award is to be made; and if it be made and ready to be delivered within the extended time, it shall be as valid and effectual as if made within the prescribed period." x Sect. 24. " No award made on any arbitration in accordance with this Act shall be set aside for any irregularity or informality." Sect. 25. "Except only so far as the companies bound by any award in accordance with this Act from time to time otherwise agree, all things by every award in accordance with this Act lawfully required to be done, omitted, or suffered, shall be done, omitted, or suffered accordingly." Sect. 26. " Full effect shall be given by all superior Courts of Law and Equity in the United Kingdom, according to their respective jurisdiction, and by the companies respectively, and otherwise, to all agreements, references, arbitrations, and awards in accordance with this Act ; and the performance or observance thereof may, where the Courts think fit, be compelled by distress infinite on the property of the companies respectively, or by any other process against the com- panies respectively on their respective property that the Courts or any Judge thereof shall direct." 2 Sect. 27. "Except where and as the companies otherwise agree, the costs of and attending the arbitration and the award shall be in the discretion of the arbitrator . . ." Sect. 28. "Except where and as the companies otherwise agree, and if and so far as the award does not otherwise determine, the costs of and attending the arbitration and the award shall be borne and paid by the companies in equal shares, and in other respects the companies shall bear their own respective costs." Sect. 29. "The submission to any arbitration in accordance with this Act may at any time be made a rule of any of Her Majesty's superior Courts of Record at Westminster ... on the application of any party interested: and the Court may remit the matter to the arbitrator . . . with any directions the Court think fit." The taxation of costs in case of an arbitration under the Regula- tion of Railways Act, 1868, was specially provided for by sect. 33 of (1) The Railway Companies Arbitration Act, 1S59, contemplates the appointment either of a single arbitrator or of two or more arbitrators and an umpire. Most of the powers given by the sections of the Act above set out are expressed to be given to "the arbitrator or the arbitrators and the umpire respectively." Since in the case of an arbitration by the Board of Trade under the Act of 1868, or by the Local Government Board under the London Government Act, there can be but one arbitrator, the words referring to several arbitrators and to the umpire have been omitted in setting out the sections of the Act of 1S59. Whether sect. 23, which in terms refers to the umpire only, is to be regarded as applied to the arbitrator appointed by the Board of Trade or the Local Government Board is not clear. (2) The remaining words of the section were repealed by the Statute Law Revision Act, 1881. 176 London Government Act, 1899. 62 & 63 Vict. c. 14, s. 28 (3), «. Proceedings in case of doubts as to transfer of powers. that Act. That section was repealed by sect. 2 of the Lands Clauses Consolidation Act, 1869 (32 & 33 Vict. c. 18), and replaced by sect. 1 of that Act. Sect. 1 of the Act of 1869 has in its turn been repealed and replaced by the Lands Clauses (Taxation of Costs) Act, 1895 (58 & 59 Vict. c. 1 1), whereby it is provided that " Where under the Lands Clauses Consolidation Act, 1845, or any Act incorporating the same, any question of disputed compensation is to be determined . . . by arbitration, the costs of and incidental to . . . the arbitration and award . . . shall, if either party so requires, be taxed and settled as between the parties by one of the masters of the Supreme Court, and such fees shall be taken in respect of the taxation as may be fixed in pursuance of the enactments relating to the fees to be taken in the offices of those masters; and all those enactments (including the enact- ments relating to the taking of fees by means of stamps) shall extend to the fees in respect of such taxation." It is no doubt difficult to see how an arbitration under the Act of 1868 can be brought within the terms of this enactment; but it seems quite clear from the course of legislation that the enactment is intended to apply to such arbitrations. The Arbitration Act, 1889 (52 & 53 Vict. c. 49), will apply to arbitrations by the Local Government Board under the present Act so far as it is consistent with the present Act and the enactments above referred to (see lb. s. 24). Sect. 29. If any question arises, or is about to arise, as to whether any power, duty, or liability is or is not transferred by or under this Act to the council of any metropolitan borough, or any property is or is not vested in any such council, that question, without prejudice to any other mode of trying it, may, ou the application of the council, be submitted for decision to the High Court in such summary manner as, subject to any rules of court, may be directed by the court ; and the court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question. Note.— Application to High Court— Provisions very similar to the present section are contained in sect. 29 of the Local Government Act, 1888, and sect. 70 ot the Local Government Act, 1894. Under sect. 29 of the Act of 1888 it was held in Re Kent County Council and Dover Corporation [1891], 1 QT3. 725 ; 60 L. J. Q^B. 435 ; 65 L. T. 213; 39 W. R. 465; 55 J. P. 647; that the jurisdiction of the Court was consultative only, and consequently that there was no appeal from the decision of the Court to the Court of Appeal. Sect. 70 of the Act of 1894 expressly provides for an appeal to the Court of Appeal, but that provision is notrepeated in the present section. The Court have under the enactments above mentioned entertained questions that cannot be regarded as falling very strictly within the category of questions as to whether functions were or were not transferred to particular authorities. See e.g., Marlborough Corporation v. Wilts County Council (1894), 58 J. P. 213. In the most recent reported case of the kind (Re Auckland Rural District Council and Summary Determination of Legal Questions. 177 Spennymoor Urban District Council, Loc. Gov. Cliron., 1898, 1069), 62 & 63 however, which was brought before the Court under sect. 70(1)1 the Act of 1894. the Court, while deciding that a certain liability had been transferred to an urban authority, declined to answer a question as to the funds out of which the liability should be defrayed, on the ground that that question did not come within the scope of the section. The Court has also refused to answer questions under the enactments in question on the ground that they were abstract questions as to the construction of statutes, not arising out of specific facts bron before the Court : see Re Cardigan County Council ( 1S90). 54 J. P. 792 ; see also Re Set lop County Council (1891), 65 L. T. 416; 56 J. P. 213. The procedure under the above-mentioned enactments has been regulated by Rules ofCourt dated August 10, [892, December 10, 1S94, and April 6, 1895. Under these rules the procedure is by special case, which is put into the Crown Paper for argument. A similar rule will doubtless be made under the present section. Before the rules under the Act of 1888 were made it was held in ex p. Staffordshire {Chairman of Quarter Sessions), \V. N. 1889, P- l8 3» that the proper course was to make an application for an order to set down for hearing a case stated under sect. 29 of that Act in Court and not at chambers. Sect. 30 — (1.) Where the powers and duties of any Existing authority arc transferred by or under this Act to any°® cers> borough council, the existing officers of that authority shall be transferred to and become the officers of thai council. Any assistant overseers, rate collectors, and other officers employed in the performance of duties of overseers within a borough shall also be transferred to and become officers of the council for that borough. The council may abolish the office of any such officer whose office they may deem unnecessary; but any officer required to perform duties such as are not analog ous, or which are an unreason able addition to those which ho is at present required to" perform, may relinquish his"* office, and any officer so relinquishing his office, or whose office is abolishe d, shall be entitled to compensa- tion under this Act. Note. — Officers. — It will be convenient in the notes to the present section to make some observations, not only with reference to the existing officers, who will be transferred to the borough councils under the present section, but also with reference to the appointment of officers by the borough councils in the future. The most general power of appointing officers that the council of a metropolitan borough will have will be under sect. 62 of the Metropolis Management Act, iS;;. which provides that, subject to the provisions of that Act. every district board and administrative vestry "shall respectively appoint or employ, or continue for the purposes of this Act, and may remove at pleasure, such clerks, treasurers, and surveyors, and such other officers and servants as may be necessarv, and may allow to such clerks, treasurers, surveyors, officers, and N 178 London Government Act, 1899. 62 & 63 Vict, servants respectively, such salaries and wages as the board or vestry c. 14, s. 30 may think Ht." (1), n. The words in this enactment "for the purposes of this Act'' appear to be confined to the continuance of existing officers. And it so, the enactment applies generally to the appointment of officers by administrative vestries and district boards, not only for the purposes of the Metropolis Management Acts, but also for the purposes of other Acts conferring powers and imposing duties on those bodies, and not containing special provisions with regard to the appointment of officers. It is submitted, however, that the enactment will apply to the appointment of officers by a borough council only so far as those officers are appointed for the purposes of Acts under which the council act as successors of the administrative vestries and district boards. For example, it is submitted that it would not apply to the appoint- ment of an officer exclusively for the purpose of enforcing the byelaws and regulations as to milk under sect. 6 (4) of the present Act. The question whether a borough council have power to appoint an officer under the section or not is of little direct importance, since, in the absence of express power, a local authority must clearly be taken to have implied power to appoint such officers as are required to enable them to exercise their functions. But it may, in various ways, become a question of some importance whether an officer has been appointed under sect. 62 of the Act of 1853, or by virtue of some other power of a borough council. Officers appointed under sect. 62 of the Act of 1855 hold office strictly at pleasure by the terms of the section, and the borough council will be unable to bind themselves to give such an officer any notice whatever before dismissing him. See Reg. v. Darlington School Governors (1844), 6 Q^B. 682 ; 14 L. J. Q. B. 67. But there is no reason why the council should not require such an officer to undertake to give them notice before resigning. How far a local authority can bind themselves to give notice to their officers, or otherwise give their officers any degree of fixity of tenure of office, in the absence of express provision on the point, seems a very doubtful question. Sect. 63 of the Act of 1855 provides that no person holding the office of clerk to an administrative vestry or district board, nor his partner, nor any person in the service or employ of them, or either of them, shall hold, be eligible to, or in any manner assist or officiate in the office of clerk ; and that neither the person holding the office of clerk, nor his partner, nor any person in the office or employ of either of them, shall hold, be eligible to, or in any manner assist in the office of treasurer; and the section imposes a penalty recoverable by action for a breach of these provisions. There can be little doubt that this section could be held to extend to the offices of town clerk and treasurer in a metropolitan borough. Sect. 64 of the Act of 1855 provides that " No officer or servant ... of any district board or any such vestry [i e. any administrative vestry], shall be in anywise concerned or interested in any contract or work made with or executed for such board or vestry ; and if any such officer or servant be so concerned or interested, or, under colour of his office or employment, exact, take or accept any fee or reward whatsoever, other than his proper salary, wages, and allowances, he shall be incapable of afterwards holding or continuing in any office or employment under such board or vestry, and shall forfeit and pay the sum of fifty pounds, which may be recovered by any person, with full costs of suit, in any of the superior courts of law : provided that no Officers. 179 person, being a shareholder of any joint stock company, shall be 62 & 63 Vict, prevented from being employed as an officer or servant by reason of c. 14, s. 30 any contract between such company and such board or vestry, or of (0. n - any work executed by such company."' It is submitted that this section will, like sect. 6a, have only a limited application in the case of officers appointed by or transferred to the council of a metropolitan borough, for example, it is sub- mitted that it will not apply to an assistant overseer transferred to a borough council by the present sub-section, or to an officer appointed by a borough council to assist the overseers under sect. 11 (1 ) of the present Act, or to an officer appointed either before or after the appointed day under any of the adoptive Acts. 1 Many Acts relating to local government contain provisions similar to those of sect. 64 of the Metropolis Management Act, 1855. In We'dnesbury Local Board v. Stevenson (1S63) 27 J. P. 74 1, it seems to have been held that an officer of a local authority who was patentee of a certain kind of brick used by the authority, and who received a commission from the manufacturer on the sale of the bricks to the authority, was not brought within the scope of a pro- vision of the kind in the Public Health Act, 1848 (it 6c 12 Vict. c. 63, s. 38). It may, however, be doubted if this view would now be taken, particularly as the actual decision in the case could be supported on totally different grounds. In Burgess v. Clark (1884) 14 Q^B. D. 735 ; 33 W. R. 269: 49 J. P. 388, it was held under the corresponding section of the Public Health Act. 1S75 (3 s & 59 ^ > c 't. c - 5 5> s - '93)' that an officer of a local authority had rendered himself liable to penalties by letting rooms to the authority. And in Todd v. Robinson (rSS4) 14 Ch B. D. 739; 54 L. J. Q^B. 47 ; 52 L. T. 120; 49J. P. 278, a similar decision was given in the case of an officer who was a shareholder in a gas company supplying gas to the local authority. Now. however, special pro- vision with reference to the interest of officers of local authorities under the Public Health Act, 1875, •" contracts of the kind in question in these cases is made by the Public Health (Members and Officers) Act, 1885 (48 & 49 Vict.' c. 53). The Act of 1S85 does not apply to officers of local authorities in London; but it will be observed that sect. 64 of the Act of 1855 itself contains an exception in favour of officers interested in contracts as shareholders in joint stock companies. In Whiteky v. Barhy (1888) 21 Q^B. I). 154; 57 L. J. Q^B. 643 ; 60 L. T. 87 ; 36 W. R. 823 ; 52 J. P. 595, the defendant, the surveyor to a town council, was, by the terms of a contract entered into by the council acting under the Public Health Act, 1S7;, to receive from the contractors, in respect of bills of quantities to be prepared by him, percentages on the amounts he should certify to be due to the con- tractors from the council. The council also appointed the defendant, apart from his ordinary duties, to superintend the construction of certain works as their engineer, and agreed to remunerate him by a percentage on the outlay. It was held that the defendant was liable to penalties under sect. 193 of the Public Health Act, [875, above referred to. in respect of both transactions. Subsequently, it may be mentioned the town council issued orders to their treasurer to pay the commission of the defendant in the last case, and also to pay him the (1) A very similar provision is, it may be mentioned, made as regards officers appointed under the Baths and Washhouses Acts by sect. 39 of the Baths and Washhouses Act. [846 19 & ic Vict. c. 74). N 2 180 London Government Act, 1899. 62 & 63 Vict, costs of the action brought against him for penalties. These orders c. 14, s. 30 were quashed by the Court {Reg. v. Ramsgate Corporation (1889) 23 (i),n. Q^B. D. 66; 58 L. J. Q^ B. 352; 61 L.T.333; 37 W. R. 7S1; 53 J. P. 740) ; and the members of the council who voted in favour of defending the orders in question were subsequently ordered personally to pay the costs of the person at whose instance they were quashed (Reg. v. Vaile (1889) 23 Q^B. D. 483 ; 54 J. P. 134, S. c. nom. Reg. v. Whiteley 58 L. J. M. C. 164; 61 L. T. 253). On the other hand, in Edwards v. Salmon (1889), 23 Q^B. D. 531 ; 58 L. J. Q^B. 571 ; 38 W. R. 166; 54 J. P. 180, it was held that sect. 193 of the Public Health Act, 1875, does not prevent an officer of a local authority from receiving extra remuneration for work out- side the scope of his ordinary duties. In Melliss v. Shirley and Freemantle Local Board (1885), 16 Q. B. D. 446; 55 L.J. Q^B. 143; 53 L. T.810; 34 W.R. 187; 50 J. P. 214, it was held that a contract entered into between an officer of a local authority and the authority contrary to sect. 193 of the Act of 1875 was wholly void ; and an opinion was expressed that if the officer became interested in the contract after it was made, though the con- tract would not be void, the officer would forfeit any benefit under it. The language used in the judgments in that case is wide enough to support the proposition that any contract of a local authority under the Public Health Act in which an officer of the authority is interested at its inception is void. It is, however, submitted that this cannot be so. It would be outrageous if a contract of a local authority, involving perhaps hundreds of thousands of pounds, were to be held void because some subordinate officer of the authority had some trifling interest in it, analogous to that of a shareholder in a company in the contracts of the company: a circumstance that might have escaped the attention, and possibly even the knowledge, both of the authority and the contractors. Sect. 65 of the Metropolis Management Act, 1855, provides that before any officer or servant appointed by an administrative vestry or district board enters upon any office or employment under that Act, by reason whereof he will or may be entrusted with the custody or control of money, the board or vestry shall require and take from him such security for the faithful ex ecution of such office or employment, and for duly accounting for all monies which may be entrusted to him by reason thereo f as they may think sufficient. And the same section contains elaborate provisions as to the rendering of accounts by such officers, and gives a summary remedy against an officer failing to account or to deliver over money or property of the vestry or board in his possession. The operation of this section appears clearly to be confined to officers appointed for the purposes of the Metropolis Management Acts. There is, however, of course nothing to prevent the council of a metropolitan borough from requiring officers appointed for the purposes of other Acts to give security if they think fit. The Superannuation (Metropolis) Act, 1S66 (29 Vict. c. 31), empowers " the vestry of any parish and district board of any district or any other parochial body within the metropolis " at their discretion to grant to any officer in their respective services superannuation allowances upon the conditions laid down in the Act, and not exceeding; the scale thereby prescribed. See Reg. v. St. Pancras Vestry (1890), 2 4 Q^B. D. 371; 59 L. J. Q^B. 244; 62 L. T. 440; 38 W. R. 311 ; 54 J- P- 389. " Parochial body " is defined in sect. 8 of the Act as meaning " all Officers. 1S1 trustees, overseers, and others who make the several rates for the 62 & 63 Vict, purposes of the vestry or the district board of any district." c. 14, s. 30 The Act is extended to officers and servants appointed in the (1)1 n. metropolis under the Baths and \V ashhouses Acts by sect. 12 of the Baths and Washhouses Act, iS;x (41 Vict. e. 14). This Act will apply to officers appointed by the borough councils as successors of the vestries and district boards, and it will also apply- to officers appointed by them in their capacity of overseers, and to officers appointed by them under the Baths and \\ ashhouses Acts. It is submitted, however, that it will not apply to all officers of borough councils: for example, it is submitted that it would not apply to oflicers appointed either before or alter the appointed day under the Public Libraries Acts. The questions arising as to the applicability of the general enact- ments concerning officers of vestries and district boards to officers of borough councils are of great difficulty, and the views above expressed are not expressed with any very great conlidence. In support of them the following considerations may be suggested. Though the bulk of the powers and duties that will attach to the borough councils will attach by transfer from the vestries and district boards, powers and duties will also attach to them by transfer from other authorities, mthorities under the adoptive Acts. And in point of law there seems to be no difference between the effect of a transfer of power from an administrative vestry to a borough council, and the effect of a transfer of powers from, say, a burial board to a borough council. It is obvious that special provisions as to officers of burial boards are not applied to all the officers of a borough council by the transfer to them of the powers of a burial board. And logically precisely similar reasons seem to show that special provisions as to officers of an administrative vestry are not applied to officers of a borough council generally by the transfer to that council of the powers of such a vestry. It might perhaps be argued that the provisions as to the officers of an administrative vestry are applied to the officers of a borough council generally by sect. 2 (5) of the present Act; but this argument, even if it would otherwise be tenable, seems to be conclusively negatived by the fact that the provisions in question are not, like provisions as to the procedure, Sec, of administrative vestries and district boards, expressly repealed as to the latter bodies by the present Act. Some observations may now be made with reference to particular officers. Vestry Clerks and Clerks of Vestries.— As has been seen, an administrative vestry have power to appoint clerks under sect. 62 of the Metropolis Management Act, 1855. A clerk appointed by an administrative vestry under this enactment is properly known as " clerk of the vestry," but not as " vestry clerk." The office of" vestry clerk" is a different office altogether, held under the Vestry Clerks Act, 1850, or in some cases under a local Act of more or less similar scope. The Vestry Clerks Act, 1850 (13 & 14 Vict. c. 57), enabled the Poor Law Board to make an order as regards any parish with a population according to the preceding census exceeding 2000. authorizing the appointment of a paid " vestry clerk" for the parish. The powers of the Poor Law Board under the Act are now of course vested in the Local Government Hoard. \\ hen an order authorizing the appointment of a vestry clerk is 1 82 London Government Act, 1899. 62 & 63 Vict, made, a vestry clerk is to be appointed by the vestry within one c. 14, s. 30 month after the order is made and published, and subsequent appoint- (l)> n. ments are to be made within one month after the occurrence of the vacancy in the office. Special notice of the meeting at which the appointment is to be made is required. (13 & 14 Vict. c. 57, s. 6.) Sects. 6 and 7 of the Vestries Act, 1850, provide that it shall be the duty of a vestry clerk appointed under the Act, besides performing any duties imposed by statute on vestry clerks, unless otherwise directed by the Poor Law Board (now the Local Government Board) :— " To give notice of and attend the meetings of vestry and com- mittees appointed thereat : " To summon and attend meetings of the churchwardens and overseers, when required, and to enter the minutes thereof respec- tively : " To keep the account of all charity monies which the church- wardens or overseers are authorized or are accustomed to distribute : " To keep the vestry books, and the parish deeds and documents, and the rate books and accounts which are closed, and to give copies of and extracts from the same to any person entitled thereto, such person paying for the same at the rate of fourpence per every seventy- two words or figures, and to permit any person or persons rated to the relief of the poor of the said parish at all reasonable times, to inspect the same or any of them, on pain of dismissal for neglecting to give such copies or permit such inspection : " To make out, when required by the vestry, the church rate, and procure the same to be signed and completed, and to retain the custody thereof, and, where there is no collector of poor rates or assistant overseer, to make out the poor rate, and procure the same to be allowed, and to make all the subsequent entries in the rate books, and to give the notices thereof required by law : "To prepare and issue the necessary process for recovering of arrears of such rates respectively before the justices, and procure the summons to be served, and to attend the justices thereon, and advise the churchwardens and overseers as to the recovery of such arrears : " To keep and make out the accounts of the churchwardens, and to present such accounts to the vestry or other legal authority, to be passed, and to examine the church rate collector's accounts and returns of arrears : " To assist the overseers in making out their accounts (whenever required by them), and, subject to the rules and regulations of the Commissioners for administering the laws for the relief of the poor [i.e., the Poor Law Board, now the Local Government Board], to examine from time to time the accounts of the assistant overseers or collectors of poor rates, and their return of arrears : " To attend the audit of accounts of the overseers, and conduct all correspondence arising therefrom : " To assist the churchwardens or overseers in preparing and making out all other parochial assessments and accounts, and in examining the accounts of the collectors of such assessments : " To ascertain and make out the list of persons liable to serve on juries, and to cause them to be printed and duly published, and returned to the justices : " To give the notices for claims to vote for members of Parlia- ment, and to make out lists of voters, and get the same printed and published, and duly returned, according to law, and to attend the Office* . 183 •Court for revising them, and to prepare, make out, and publish the 62 & 63 Vict. burgess lists and the lists of constables : c. 14, s. 30 "To make all returns required of the churchwardens or of the (i), n. overseers by law or proper authority : '• To advise the churchwardens and overseers in all the duties of their office; and also to perform such other duties and services of a like nature as the said l Commissioners for administering the laws for the relief of the poor in England [now the Local Government Board], from time to time, at the request of the churchwardens or overseers of any such parish, or otherwise, shall prescribe and direct to be performed by such vestry clerk." A wstry clerk appointed under the Vestry Clerks Act, 1850. cannot be removed from office except by the vestry with the consent of the Local Government Hoard or by the Local Government Hoard (13 & 14 Vict. c. 5:, s. 6). His remuneration is to be fixed, and may be varied from time to time, by the Local Government Board, and is payable out of the poor rate {lb., s. 8). He may be required by the Local Government Hoard to give security {lb.). Orders authorizing the appointment of vestry clerk under the Act of 1850 are in force in several of the parishes under adminis- trative vestries, but by no means in all of such parishes, and in some also of the parishes under elective vestries included in districts under district boards. Such orders are in most cases of earlier date than 1855, and are usually if not always to be found in the London Gazette. It will be observed that the duties imposed on a vestry clerk by the Act of 1850 do not comprise by any means all of the duties that must practically fall on the clerk of an administrative vestry. Where, however, there is a vestry clerk appointed under the Act for a parish with an administrative vestry he, in practice, so far as the writer is aware, acts as clerk to the vestry for all purposes. But in some cases, if not in all, he is actually appointed clerk to the vestry under sect. 62 of the .Metropolis Management Act, 1855? as well as being appointed "vestry clerk" under the Act of 1850, and is paid remuneration in respect of the former office out of the general rate under the Act of 1855, in addition to the remuneration he receiver. under the Act of 1850 and the order authorizing the appointment of a vestry clerk for the parish, out of the poor rate. It is most difficult to understand the effect of the present Act with reference to the office of vestry clerk under the Act of 1S50. It will be observed that though most of the duties of the office relate to civil matters, a vestry clerk has duties connected with the affairs of the church. Consequently, the power of a vestry to appoint a vestry clerk appears to be to some extent a power connected with the affairs of the church; and so far as the power is connected with the affairs of the church it seems to fall within the scope of sect. 23(0. while so far as it is a civil power it falls within sect. 4(1). Again, though where a metropolitan borough consists of a single parish, the existing arrangement of having one officer acting as vestry clerk by virtue of one appointment, and clerk to the vestry by virtue of another, could be continued without more practical inconvenience than has been felt in the past, it would be inconsistent with the provisions of the present Act that there should be a vestry clerk charged with the duties imposed on him by the Act of 1S50 for a parish forming part only of the borough. 184 London Government Act, 1899. 62 & 63 Vict. An existing vestry clerk, so far as he is an officer of the vestry, and c. 14, s. 30 so far as he is an officer employed in the performance of duties of over- (i), n. seer, will become an officer of the borough council under the present sub-section. But in his capacity as assistant to the churchwardens he will apparently not become an officer of the borough council, but will retain an independent position. Accordingly, it seems that the borough council will not have power under the present sub-section to abolish his office altogether, though they might, perhaps, be held to have power to do so, so far as his office is held under them. The difficulties above pointed out may of course be met by the provisions of schemes under the present Act. Town Clerk. — By sect. 4 (1) of the present Act, the clerk of the council of a metropolitan borough is to be called the town clerk. And by various provisions in the present Act important duties are imposed on the town clerk. There is, however, no express provision requiring a borough council to appoint a town clerk. And there is not even any express provision requiring an administrative vestry or district board to appoint a person as the clerk of the vestry or board ; though in prac- tice one person is always appointed as the clerk of such a body, whether assistant clerks are also appointed or not, and, in practice, as has been seen, in a parish under an administrative vestry where there is a " vestry clerk," the vestry clerk acts as the clerk of the vestry r though sometimes, if not always, by virtue of an appointment under sect. 62 of the Metropolis Management Act, 1855, in addition to his appointment as " vestry clerk." Under the present Act it is clear that there must be in each borough some one person holding the office of town clerk ; and probably the power to make the necessary appointment may be regarded as derived from sect. 62 of the Metropolis Management Act, 1855. Medical Officers of Health. Sanitary Inspectors.— As to the appointment and tenure of office of these officers, see sects. 106-108, 139 and 142 of the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), and the Sanitary Officers (London) Order, 1891. In general these officers are not subject to dismissal without the consent of the Local Government Board. Assistant Overseers ; Rate Collectors, &c— The appointment of assistant overseers was originally authorized by sect. 7 of the Poor Relief Act, 18 19 (59 Geo. III. c. 12), which authorized the appointment of an assistant overseer or assistant overseers for any parish by the justices upon the nomination of the vestry. The assistant overseer might under this enactment be appointed either to perform all the duties of the office of overseer or certain of such duties only, see, on this point, Skingley v. Surridge (1843), 11 M. & W. 503 ; 12 L. J. M. C. 122 ; 7 Jur. 773 ; Points v. Attnvood (1848), 6 C. B. 38; 2 Lutw. Reg. Cas. 117; 18 L. J. C. P. 19; 13 Jur. 83. The justices were bound, under the Act of 18 19, to appoint any person nominated by the vestry : see Reg. v. Shepley (1888), 22 CL B - D. 96; 59 L. T. 696; 37 W. R. 27; 53 J- P- 2 6if S. C. nom. Reg. v. Shipley, 58 L. J. M. C. 6 ; Underwood v. Jones (1891),. 60 L. J. M. C. 58 ; 64 L. T. 144 ; 55 J- P- 296. Officers. 1S5 The power of appointing assistant overseers under the Act of 1S19 02 & C3 Vict. has now, in most eases in London, been conferred on the vestry by an c. 14, s. 30 order of the Local Government Board under sect. 33 of the Local (0- n- Government Act, 1894. The practical effect of such an order is of course merely to do away with the necessity of the formal appointment by justices. An assistant overseer appointed under the Act of 1819, whether by tha justices on the nomination of the vestry, or by the vestry alone under such an order of the Local Government Board as has been mentioned, holds office strictly at the pleasure of the vestry : see sect. 7 of that Act. In some parishes the power of appointing an assistant overseer was, before the '• appointed day " under the Local Government Act, 1894, which fell about the end of December, 1895 (see sect. 84 (4) of that Act), vested in the guardians under an order of the predecessors of the Local Government Board. And where such an order was in force the powers of the vestry and justices to appoint an assistant overseer were in abeyance by virtue of a provision in sect. 61 of the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101). 1 By sects. Si (6) and 89 of the Local Government Act, 1894, " so much of any enactment as authorizes the appointment of assistant overseers by a board of guardians," and also the last-mentioned provisions of sect. 61 of the Poor Law Amendment Act, 1844, were repealed. Since the appointed day under that Act, therefore, there has been no further appointment of an assistant overseer by a board of guardians. Assistant overseers appointed by guardians before that day and then in office, however, continue in office by virtue of sect. 81 (4) of the Local Government Act, 1S94. By sect. 62 of the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), the Local Government Board have power to make orders directing a board of guardians to appoint a collector of poor rates for any parish in their union ; and it is provided by the same section that the power of the vestry, or of justices, or of any persons other than the guardians to appoint a collector for any such parish shall cease. The latter part of the section is ill-expressed, seeing that there is not. and was not at the date of the Act of 1844, any general enactment giving a vestry or justices power to appoint a collector of poor rates as such. It is, however, considered by the Local Government Board to mean that where an assistant overseer is appointed for a parish for which a collector of poor rates is or may be appointed by the guardians, the collection of poor rates and the other duties imposed on a collector of poor rates must be excluded from among the duties of the former. In some parishes the guardians have power to appoint collectors of poor rates under orders of the Poor Law Commissioners of earlier date than 1S44. As to the tenure of office of collectors of poor rates and assistant overseers appointed by guardians, reference must be made to the particular order authorizing the appointment, and to Arts. 4-6 of the General Order of the Local Government Board of February :, iS - :, (1) The powers of the predecessors of the Local Government Board t" make such orders appear to have been derived from that section, which is, however, somewhat obscure: see Reg. v. Poor Law Commissioners (1839), 9 A. vV E. 911 ; 2 P. .\; D. 323; 8 L. J. M. C. 77; S. C. turn. Re Cambridge Union, 3 Jur. 723; Reg. v. Greene (1852). 17 Q. B. 79} • 21 L. J. M. C. 137 ; 16 Tur. 663 ; Matting Union v. Graham (1S70), L. R. 5 C. I'. 201 ; 39 L. J. C. P. 74 ; 22 L. T. 780 ; 18 W. R. 674. j86 London Government Act, 1S99. 62 & 63 Vict, and Arts. 3 and 5 of the General Order of that Board of June 17, 1886. c. 14, s. 30 These general orders will be found in Glen's Poor Law Orders. It (1), n. will always be found that collectors of poor rates and assistant over- seers appointed by guardians are, broadly speaking, not subject to dismissal without the consent of the Local Government Board, so that practically they hold office during good behaviour. Sect. 7 of the Poor Relief Act, 1819 (59 Geo. III. c. 12) enables the vestry to require an assistant overseer appointed under that Act to give security for the faithful execution of his office by bond made to the overseers of the parish ; and sect. 1 7 of the Act contains provisions enabling the overseers for the time being to sue on such bonds. Sect. 61 of the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 10 1) requires every assistant overseer to give sufficient security for the due performance of his duties to the guardians of the union, and enables the guardians to take proceedings upon any bond given to the overseers under the Act of 18 19. It is not the practice to require an assistant overseer to give security under both these enactments. It is considered sufficient that he should either give security to the guardians under the Act of 1844, or, provided that the guardians consider the security sufficient, that he should give security to the overseers under the Act of 18 19, and that the bond so given should be lodged with the guardians. Securities given under the above-mentioned enactments are exempt from stamp duty by sect. 61 of the Act of 1844. The provisions of sect. 61 of the Act of 1844 as to the security to be given by an assistant overseer extend to assistant overseers appointed by guardians ; but sometimes the order authorizing the appointment contains other and more stringent provisions on the subject. It would not seem to be intended, having regard to the present sub-section and sect. 11 (r) of the present Act, that collectors of poor rates should be appointed by the guardians after the appointed day. At the same time there is no express provision depriving the guardians of the power, and it cannot be regarded as at all clear that they will cease to have that power by virtue of anything in the present Act. Of course the difficulty on this point could be easily met by the issue of an order by the Local Government Board rescinding the orders authorising the appointment of collectors of poor rates by guardians in London. Again it would seem not to be intended that a borough council should appoint assistant overseers as such by virtue of their powers under the Poor Relief Act, 18 19: but that they should appoint officers to transact the business of the council in their capacity of over- seers under sect. 11 (1) of the present Act. Whether this is so or not is perhaps not very important, but the distinction between an " assistant overseer " appointed under the Act of 1 8 19 and an officer appointed to assist in the business of overseers under the present Act is not completely academic, for although an assistant overseer appointed under the Act of 1819 is bound to obey the overseers under sect. 61 of the Poor Law Amendment Act, 1844, an assistant overseer has always been regarded as to some extent an independent statutory officer and not by any means as the mere servant of the overseers (see e.g. Reg. v. Powell [1899] r Q^B. 396 ; 68 L. J. Q^B. 274; 80 L. T. 1S4; 63 J. P. 84; and see also Reg. v. Smalbyian [1897] 1 Q^B. 4; 66 L. J.Q^B. 82 ; 75 L. T. 394: 45 W. R. 249; 61 J. P. 312 ; 18 Cox C. C. 451, and the cases there cited), while an officer appointed under sect. 11 (1) of the present Act would doubtless be a mere servant of the council. Officers. 187 Collectors of poor rates and assistant overseers already in office 62 & 03 Vict, -will become officers of the borough council under the present sub- c. 14, s. 30 section, and will hold office under the next sub-section on the same (1). n. tenure as heretofore. Collectors of poor rates and assistant overseers appointed by the guardians, unless they have duly disclaimed its benefits, come within the operation of the Poor Law officers Superannuation Act, 1 S 96 (59 & 60 Vict. c. 50), and their salaries are accordingly subject to deduction under that Act, and they are absolutely entitled, on fulfilling the conditions required by the Act, to superannuation allowances. Probably the rights and liabilities of the officers under that Act will be specially dealt with by scheme. If this is not done, very difficult questions will arise with reference to these rights and liabilities in view of the transfer of the officers to the borough councils. A similar cjuestion, it may be observed, may arise with reference to officers appointed by the trustees or overseers of a parish appointed or incorporated under a local Act, for such trustees or overseers are •■guardians" within the meaning of the Poor Law Officers Super- annuation Act, 1896 (M.s. 19), and that Act accordingly applies to their officers. By sect. 14 of the Metropolis Management Amendment Act, 1862 (25 & 26 Vict. c. 102) it is provided, with reference to the rates which the overseers are required to levy to meet the precepts of adminis- trative vestries and district boards (as to those rates see the note to sect. 10, ante) that " in every case in which the vestry does not appoint a collector or collectors to collect such rates, the said overseers are hereby authorised to employ and pay one or more collector or collectors to collect all such rates, and to take from every such collector security for his duly collecting such rates, and paying over and accounting for the same, and such security shall enure to the benefit of the overseers for the time being of every such parish or place." The power of the overseers to appoint collectors under this enactment arises only where the vestry do not appoint such collectors, which must mean, it seems, since the vestry have no power to appoint collectors of the rates in question under that name, where the vestry do not appoint an assistant overseer or assistant overseers charged with the duty of collecting the rates in question. Sect. 14 of the Act of 1S62 is repealed by the present Act. Collectors appointed under it will become officers of the borough council. The only general enactment giving power to appoint or employ officers to assist in the performance of the duties of overseers, other than vestry clerks, assistant overseers, and collectors of rates, of which the writer is aware is the Parochial Offices Act, [861 (24 & 25 Vict, c. 125), under which the overseers of a parish with a population according to the last census exceeding 4,000 have power, witli the assent of the vestry and of the Local Government Board, to provide parish offices, and to pay such persons to take care of such offices, "and to aid in the ordinary business of the parish," as the vestry shall authorise and the Local Government Hoard approve. Securities of Existing Officers.— It will be observed that many of the officers above referred to are required to give security for the faithful discharge of their duties. 1 88 London Government Act, 1899. 62 & 63 Vict. Whether such a security given before the appointed clay in respect c. 14, s. 30 of an officer transferred to the borough council will remain valid after (1)) n. the transfer may often be a question of much difficulty. The general principle that a material change in the office or duties of an officer whose due performance of his office is guaranteed releases the surety in the absence of provisions in the contract of suretyship to the contrary is well established law. But it is often a very nice question whether under particular circumstances the alteration is material. A discussion of this subject is not within the scope of the present work. 56 & 57 Vict. (2.) Sub-sections four and seven of ^s ection eighty-one c * 73, of the Local Government Act, 1894, shall apply to the ' existing officers affected by tnis Act as if references in those sub-sections to the district council were references to the borough council, and all expenses incurred by the borough council in pursuance of those sub-sections shall be paid out of the general rate : Provided that the borough council may, if it thinks fit, take into account continuous service under_any _authority or authorities to which this Act refers^ in order to calculate tne total period of service of any officer entitled to compensation under this Act. Note. — Existing Officers. — The enactments incorporated with the present sub-section are concerned with the tenure of office of existing officers, and with compensation to existing officers pecuniarily affected by or in consequence of the Act. The enactments in question are in many respects exceedingly difficult to construe satisfactorily. But under sub-sect. (4) of the present section a scheme under the Act may make provisions for carrying the section into effect, and such a scheme may no doubt, to a large extent, remove these difficulties either generally or in particular cases. And the ensuing observations must of course be read as applicable subject to the provisions of any such scheme. " Existing officer " is defined by the next sub-section. Tenure of Office. — Sub-sect. (4) of sect. 81 of the Local Government Act, 1894, provides, with reference to certain officers in that section mentioned, that every such officer " shall hold his office by the same tenure and upon the same terms and conditions as here- tofore, and while performing the same duties shall receive not less salary or remuneration than heretofore." In the case of an officer who enjoys anything in the nature of fixity of tenure of his office, there is comparatively little difficulty about this enactment. But it seems almost impossible to put any satisfactory interpretation on it in the case of officers holding office at pleasure. If an officer, who holds office at the pleasure of an authority, is to hold office under their successors upon the same tenure, he will, it appears, under the first part of the clause, hold office at the pleasure of the succeeding authority. But if that is so the last part of the clause seems to become nugatory ; for if the latter authority thought his remuneration too high, they might dismiss him without Officers. 189 compensation and make a new appointment at a less salary. It may (, 2 & 03 Vict, possibly be that the clause lias the effect of making it unlawful tor c . 14, s. 30 the succeeding authority to dismiss an existing officer holding office (2), n. at pleasure, with the object of lowering the salary attached to the office only ; but this suggestion is put forward with great hesitation. 'The provisions as to the tenure of office of an existing officer in the present sub-section are, it seems, subject to the right of the council to abolish the office of such officer, under the preceding sub-section, if they deem his office unnecessary. Compensation. — Sub-sect. (7) of sect. 81 of the Local Govern- ment Act, 1 S 9 4 , is as follows: — ••Section 120 of the Local Government Act, 188S, which relates to compensation to existing officers, shall apply in the case of existing officers affected by this Act, whether officers above in this section mentioned or not, as if references in that section to the county council were references to the parish council, or the district council, or board of guardians or other authority whose officer the person affected is when the claim for compensation arises as the case may require. Provided that all expenses incurred by a district council in pursuance of this section shall be paid as general expenses of the council, and any expenses incurred by a board of guardians in pursuance of this section shall be paid out of their common fund, and any expenses incurred by any other authority in pursuance of this section shall be paid out of the fund applicable to the payment of the salarv of the offices {sic) affected." Sect. 120 of the Local Government Act, 1S88, is as follows: — "(1.) Every existing officer declared by this Act to be entitled to compensation, and every other existing officer, whether before men- tioned in this Act or not, who by virtue of this Act, or anything done in pursuance of or in consequence of this Act, suffers any direct pecuniary loss by abolition of office or by diminution or loss of fees or salary, shall be entitled to have compensation paid to him for such pecuniary loss by the county council, to whom the powers of the authority, whose officer he was, are transferred under this Act, regard being had to the conditions on which his appointment was made, to the nature of his office or employment, to the duration of his service, to any additional emoluments which he acquires by virtue of this Act or of anything done in pursuance of or in consequence of this Act, and to the emoluments which he might have acquired if he had not refused to accept any office offered by any council or other body acting under this Act, and to all the other circumstances of the case, and the compensation shall not exceed the amount which, under the Acts anil rules relating to Her Majesty' s Civil Service, is paid to a person on abolition of office. ••(2.) Every person who is entitled to compensation, as above mentioned, shall deliver to the county council a claim under his hand setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the passing of this Act, on account of the emolu- ments for which he claims compensation, distinguishing the offices in respect of which the same have been received, ami accompanied by a statutory declaration under the Statutory Declaration Act, iS;;. that the same is a true statement according to the best of his know- ledge, information, and belief. "(3.) Such statement shall be submitted to the county council, who shall forthwith take the same into consideration, and assess the 190 London Government Act, 1899. 62 & 63 Vict, just amount of compensation (if any), and shall forthwith inform the c. 14, s. 30 claimant of their decision. (2), n. " (4.) If a claimant is aggrieved by the refusal of the county council to grant any compensation, or by the amount of compensation assessed, or if not less than one third of the members of such council subscribe a protest against the amount of the compensation as being excessive, the claimant or any subscriber to such protest (as the case may be) may, within three months after the decision of the council, appeal to the Treasury, who shall consider the case and determine whether any compensation, and if so, what amount ought to be granted to the claimant, and such determination shall be final. " (5.) Any claimant under this section, if so required by any member of the county council, shall attend at a meeting of the council and answer upon oath, which any justice present may ad- minister, all questions asked by any member of the council touching the matters set forth in his claim, and shall further produce all books, papers, and documents in his possession or under his control relating to such claim. " (6.) The sum payable as compensation to any person in pur- suance of this section shall commence to be payable at the date hxed by the council on granting the compensation, or, in case of appeal, by the Treasury, and shall be a specialty debt due to him from the county council, and may be enforced accordingly in like manner as if the council had entered into a bond to pay the same. "(7.) If 'a person receiving compensation in pursuance of this section is appointed to any office under the same or any other county council, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of emoluments of the office held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than, with the emoluments of the said office, is equal to the emolu- ments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds such office. " (8.) All expenses incurred by a county council in pursuance of this section shall be paid out of the county fund, as a payment for general county purposes." The statutory provisions as to the amount of compensation on abolition of office in the Civil Service are contained in the Super- annuation Act, 1859 (22 Vict. c. 26). By sect. 7 of that Act the compensation is to be " such special annual allowance by way of compensation as on a full consideration of the circumstances of the case may seem " to the Treasury "to be a reasonable and just com- pensation for the loss of office " ; but the allowance is in no case to exceed two-thirds of the salary and emoluments of the office, " and if the compensation shall exceed the amount to which such person would have been entitled under the scale of superannuation provided by this Act if ten years were added to the number of years which he may have actually served, such allowance shall be granted by special minute, stating the special grounds for granting such allowance, which minute shall be laid before Parliament." The scale of superannuation prescribed by the Act of 1859, in sect. 2, allows ten-sixtieths of the annual salary and emoluments of his office to a person who has served ten years, with an addition of one-sixtieth of such salary and emoluments for every additional year of service from ten up to forty. By the Superannuation Act, 1884 (47 & 48 Officers. 1 9 1 Vict. C. 57, s. 3). it is provided that where the regulations respecting 02 & 63 Vict, an office provide that a person appointed thereto must have held a c. 14, s. 30 professional or other peculiar qualification for a specified number of (2), 11. years, the number of years so specified may be added to the actual length of service, for the purpose of computing a superannuation allowance under the Act of 1859. Though sect. 120 of the Act of 188S refers to the Acts and '• rules" relating to the Civil Service, there appears to be no Statutory power to make rules relating to the amount payable as compensation for abolition of office. The practice of the Treasury is to make the following additional allowances, in the case of abolition of office, beyond the allowance of one-sixtieth for each year of service: — Ai 111. 1 >. 1 Addition. 20 years and upwards ..... Ljj 15 years and less than 20 ..... 10 "years and less than 15 ..... 5 years and less than 10 . Under 5 years ....... subject to a reasonable deduction where the officer has not been required to give his whole time to the duties of his office. The provision in sect. 120 (r) of the Local Government Act, 1888, as to the amount of compensation is no doubt intended to prescribe as the maximum the scale in practice adopted by the Treasury as above mentioned. If this is so, the maximum is as many sixtieths of the officer's salary and emoluments as he has years of service, plus an additional number of sixtieths in accordance with the scale above set out, subject to the provision that two-thirds of the salary and emoluments is not to be exceeded in any case. For example, the maximum in the case of an officer with three years' service would be ,?,, 4- ' or -fa ; the maximum in the case of an officer with sixteen years' service would be ' ", + P 5 or §-§• The maximum in the case of an officer with thirty years' service or upwards being In the Civil Service it appears that the amount of compensation on abolition of office is calculated with reference to the officer's emoluments for the time being when the office is abolished. Sub- sect. (2) of sect. 120 of the Act of 1888 seems, however, to suggest that it is intended that the emoluments for the last five years should be taken into consideration in determining the actual amount of compensation ; though it would seem that the maximum must be computed with reference to the emoluments for the time being. The Statutory Declarations Act. 1835 (5 & 6 Will. IV., c. 62, s. 18) authorizes any justice of the peace, notary public, or other officer authorized by law to administer an oath, to take and receive the declaration of a person voluntarily making the same before him in the form given in the schedule to that Act; and renders any person making a declaration which is false or untrue in any material par- ticular guilty of a misdemeanour. The form of declaration is as follows : — " I, A. B., do solemnly and sincerely declare that : — And I make this solemn declaration conscientiously belie ing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835. "' (1) The schedule to the Act sets out its full title instead of the a'iove short title which is authorized by the Short Titles Act, 1S96. 192 Louden Government Act, 1S99. 62 & 63 Vict. A statutory declaration generally requires a half-crown stamp, c. 14, s. 30 under the Stamp Act, 1S91 (54 Sc 55 Vict. c. 39, sched. I., tit. (2), n. affidavit) ; but there is an exemption in favour of a declaration " required by law, and made before a justice of the peace " (lb.). A statutory declaration under sect. 120 of the Local Government Act, 1888, seems to come within this exemption if made before a justice of the peace, but not if made before any other person. Many most difficult questions arise as to the construction of sect. 120 of the Local Government Act, 1888 ; but as the determina- tion of these questions practically rests entirely with the Treasury, and as the precedents that guide the Treasury in their decisions are inaccessible, it seems useless to attempt to deal with any of these questions in the present work. Construction of Acts and savings. (3.) For the purposes of this section " existing officers " shall mean officers holding office on the twenty-fourth day of February one thousand eight hundred and ninety-nine and also at the passing of this Act, (4.) A scheme under this Act may make such pro- visions as may appear necessary for carrying this section into effect, and if necessary for determining the authority to whom any existing officer is to be transferred, and for applying the provisions of this section to any officer who suffers pecuniary loss by reason of anything in or done under this Act, although he is not transferred to a borough council, and although he is not an officer of an authority whose powers and duties are transferred by or under this Act, and for determining in any such case the fund out of which compensation is to be paid. Sect. 31. — (1.) Where any Act passed before the passing of this Act contains expressions referring to a borough, those expressions shall not be construed as referring to a metropolitan borough created by this Act unless applied thereto by or under the provisions of this Act or of any subsequent enactment. (2.) Any enactment in any Act, whether general or local, referring to an authority whose powers or duties are transferred by or under this Act to a borough council shall be construed with the necessary modifications, in- cluding the substitution of the borough council for that authority and of the borough for the area of that authority. (3.) Nothing in or done under this Act shall be con- strued as altering the limits of any parliamentary borough or parliamentary county. Note. — " Parliamentary borough." — This expression is de'ined by sect. 15 (3) of the Interpretation Act, 1889, as meaning in Savings. 1 93 modern Acts " any borough, burgh, 1 place or combination of places 62 & 63 Vict, returning a member or members to serve in Parliament, and not c. 14, s. 31 being either a county or division of a county, or a university, or a (3), n. combination of universities." Parliamentary County. — There is no definition of this expression applicable to the present Act. It may be mentioned that the establishment of the county of London by the Local Government Act, 1 SSS, did not affect the counties of Middlesex, Kent, and Surrey as regards the election of members of Parliament : see sect. 92 of that Act. (4.) Except so far as the anas of parishes and sanitary districts are altered by or under this Act, nothing in this Act shall affec1 the London (Equalization of Rates) Act, :, ~ & •"" Vi,t - 1894. c - 53 ' Note.— London (Equalization of Rates) Act, 1894.— Tiie object of this Act (57 «Sc 58 Vict. c. 53) is to some extent to distribute the burden of rates over London as a whole, or in other words, to provide for the levy of rates in the richer parts of London for tlie benefit of the poorer parts. Broadly speaking the scheme of the Act is to make financial arrangements equivalent to the raising of an equalization fund half- yearly equal to jrf. in the pound on the rateable value of London by means of assessments on the several parishes proportionate to their assessable values (see 59 and 60 Vict. c. 16. s. 3), and the distribution of that fund among the several sanitary districts in proportion to their population. It seems difficult to understand the object of the saving in the present sub-section. Apart from that saving the Act of 1894 would have continued to apply, each borough being of course a sanitary district for the purposes of that Act. And it seems that this will be so notwithstanding the saving. I >f course adjustments will be necessary in respect of the assessment and distribution of the equalization fund in the half-year in which the changes of area under the present Act take effect. Such adjustments will be effected by means of the schemes under the present Act. (5.) Nothing in this Act, or in any order or scheme under this Act, shall abridge, alter, or affect the powers, rights, duties, or jurisdiction of the School Board for London over the ana which lor the time being coiistitutos the administrative county of London. Sect. 32. Nothing in this Act shall authorise- any Borough borough council to alienate any recreation ground or coui other open space dedicated to the use of the public, 01 '" :: any land held on trusts which prohibit building thereon. "' Sect. 33. — (1.) For the purposes of this Act the Appointed appointed day shall be the day on which the members day and of the borough councils first elected under this Act come transitory into office, or such other day not being more than six 1 '"' u> '' (1) This term has reference to Scotland. O ig4 London' Government Ad) 1899. 62 & 63 Vict, months earlier or later, as the Lord President of the c 14, s. 33 Council may appoint, either generally, or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections, or for different boroughs. (2.) Subject to the provisions of any scheme under this Act, and to such adaptations as may be made by Order in Council, sections eighty-five to eighty-eight of 56 & 57 Vict, the Local Government Act, 1894 (which contain transitory c, 73. provisions), shall apply in the case of boroughs and borough councils under this Act. Note. — Transitory Provisions of Local Government Act, 1894.— Sects. 85-88 of the Local Government Act, 1894, are as follows : — Sect. 85.- — " (1.) Every rate and precept for contributions made before the appointed day may be assessed, levied, and collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if this Act had not passed. " (2.) The accounts of all receipts and expenditure before the appointed day shall be audited, and disallowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had. in like manner as nearly as may be as if this Act had not passed, but as soon as practicable after the appointed day; and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day. "(3) All proceedings, legal and other, co mmenced before the appointed day, may be carried on in like manner, as nearly as may be,' _, as if this Act had not passed, and. any such legal proceeding may be f amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of this Act., « — " (4.) Every valuation list made for a parish divided by this Act shall continue in force until a new valuation list is made. " (5.) The change of name of an urban sanitary authority shall not affect their identity as a corporate body or derogate from their powers, and any enactment in any Act, whether public general or local and personal, referring to the members of such authority shall, unless inconsistent with this Act, continue to refer to the members of such authority under its new name." Sect. 86. — "(1.) Nothing in this Act shall prejudicially affect any securities granted before the passing of this Act on the credit of any rate or property transferred to a council or parish meeting by this Act ; and all such securities, as well as all unsecured debts, liabilities, and obligations incurred by any authority in the exercise of any powers or in relation to any property transferred from them to a council or parish meeting shall be discharged, paid, and satisfied by that council or parish meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for this Act, that rate may continue to >=- X Definitii 195 be levied and that power to be exercised either by the authority who 62 & 03 Vict. otherwise would have levied or exercised the same, or by the trans- c. 14, s. 33 feree as the case may require. 2), n. " (2.) It shall be the duty of every authority whose powers, duti< s, and liabilities are transferred by this id to Liquidate so tar ai> pra< ti able before the appointed day. all current debts and liabilities incurred by such authority." Sect. 87. — "All such bye-laws, orders, and regulations of any authority, whose powers and duties are transferred by this Act to any council, as are in force at the time of the transfer, shall, so far as they \ relate to or are in pursuance of the powers and duties transferred, continue in force as if made by that council, and may be re voked or I altered accordingly." Sect. 88. — "(1.) If at the time when any powers, duties, liabilities. debts, or property are by this Act transferred to a council or parish meeting, any action or proceeding, or any cause of action or pro- ceeding is pending or existing by or against any authority in relation thereto the same shall not be in anywise prejudicially affected by the passing of this Act, but may be continued, prosecuted, and enforced by or against the council or parish meeting as successors of the said authority in like manner as if this Act had not been passed. "(2.) All contracts, deeds, bonds, agreements, and other instru- ments subsisting at the time of the transfer in this section mentioned. and affecting any of such powers, duties, liabilities, debts, cr property shall be of as full force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as~TT, instead of the authority, the council or parish meeting had been a party thereto." Sect. 34. In this Act, unless the context otherwise Definitions, requires, — The expression "administrative vestry "means a vestry having the powers of a vestry elected lor a parish specified in Schedule A to the Metropolis Man- agement Act, L855; and the expression "elective vestry" means any vestry elected under the Metropolis Management Act, L855: 18 & 19 Vict. The expression "rateable value" shall include the c. 120. value of Government property upon which a contribution in lieu of rates is paid : The expressions "powers," •■duties," "property." "liabilities," and '•powers, duties, and lia- bilities," have respectively the same meanings ■•is in the Local Government Act, 1888: 51 &52Vict. The expression "adoptive Acts"' means the Bathsc- 41 - and Wash-houses Arts, L84(J to 1890, the Burial Acts, L852 to 1885, and the Public Libraries Acts, L892 and 1893: The expression "local Act" includes a provisional order confirmed by an Act, and the Act con- firming the order; and the expression -enact- ment' includes a provision of any such order. o 2 196 London Government Act, 1899. 62 & 63 Vict. Note.— "Administrative" and "Elective" Vestries.— c. 14, s. 34, n. As to these bodies, see the Introduction, pp. xxi, xxii. "Powers," &C. — The definition of "powers," "duties," "pro- perty," " liabilities," and " powers, duties, and liabilities " in the Local Government Act, 1888, are contained in sect. 100 of that Act, and are as follows : — " The expression ' property ' includes all property, real and personal, and all estates, interests, easements, and rights, whether equitable or legal, in, to, and out of property real and personal, including things in action, and registers, books, and documents; and when used in relation to any quarter sessions, clerk of the peace, justices, board, sanitary authority, or other authority, includes any property which on the appointed day belongs to, or is vested in, or held in trust for, or would but for this Act have, on or after that day, belonged to, or been vested in, or held in trust for, such quarter sessions, clerk of the peace, justices, board, sanitary authority, or other authority . . . . 1 " The expression ' powers ' includes rights, jurisdiction, capacities, privileges, and immunities : " The expression ' duties ' includes responsibilities and obligations : " The expression ' liabilities ' includes liability to any proceeding for enforcing any duty or for punishing the breach of any duty, and includes all debts and liabilities to which any authority are or would but for this Act be liable or subject to, whether accrued due at the date of the transfer or subsequently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose : " The expression ' powers, duties, and liabilities ' includes all powers, duties, and liabilities conferred or imposed by or arising under any local and personal Act." Adoptive Acts. — As to these Acts, see the note to sect. 4 (2). " Local Act." — See the note to sect. 16, ante, p. 147. Short title Sect. 35. — (1.) This Act may be cited as the London and repeal. Government Act, 1899. (2.) As from the appointed day the enactments men- tioned in the Third Schedule to this Act shall be repealed to the extent in the third column of that schedule mentioned. Note. — Repeal. — With reference to the repeals effected by the present Act, sect. 38 of the Interpretation Act, 1889 (52 & 53 Vict, c. 63), will apply. By that section :— " (1.) Where this Act or any Act passed after the commencement of this Act repeals and re-enacts, with or without modification, any provisions of a former Act, references in any other Act to the pro- visions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted. " (2.) W r here this Act or any Act passed after the commencement (1) The rest of the definition relates exclusively to the River Weaver Trust in the county of Chester. Repeal. I ; of this Act repeals any other enactment, thi the contrary 62 & 63 Vict. intention appeal's, the repeal shall not — 1 . 14. "(<7.) Revive anything not in fori sting at the time at which the repeal takes effect . or, "(£.) Affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed ; or "(r.) Affect any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment so repealed : or ■•(ii.) Affect any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment so repealed : or "(e.) Affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid : "and any such investigation, legal proceedin may be instituted, continued, or enforced, .mcl any such penalty, forfeiture, or punishment may be imposed, as if the repealing Act had not been passed." As to the construction of sect. 58 of the Act of 1SS9. see Ex parte Ruison (1891), 60 L. J Q. B. 206: 63 L. T. 709: 39 W. R. 271; 8 M. B. R. 1 1 : Roberts v. Potti < Q± 1'.. 213; 42 \\ . R. 294; 58 J. P. 333 ; s. c. nam. Jones v. Potti, 63 L. J. Q^ B, 381 : 69 I.. T. S49. 198 London Government Act. 1899. 62 & 63 Vict. c. 14. Sched I. SCHEDULES. Section!. FIRST SCHEDULE. Areas which are to be Boroughs. The parishes of — Battersea. Islington. Bethnal Greeu. Kensington. Camberwell. Lambeth. Chelsea. Paddington. Fulham. St. Marylebone. Hackney. St. Pancras. Hammersmith. Shoreditch. Hampstead. The area consisting of the parishes of Mile End Old Town and St. George's-in-the-East and the districts of tbe Limehouse and Whitechapel Boards of Works including the Tower of London and the liberties thereof. The district of the Poplar Board of Works. The district of the Wandsworth Board of Works. The area consisting of the parishes of St. George the Martyr, Christchurch, Southwark, St. Saviour, Southwark, and Newington. The area consisting of the parishes of RotherMthe, Bermondsey, Horselydown, and St. Olave and St. Thomas, Southwark. The area of the parliamentary division of Holborn. The area consisting of the parliamentary divisions of East and Central Finsbury. The area of the parliamentary borough of Deptford. The area of the parliamentary borough of Greenwich. The area of the parliamentary borough of Lewisham. The area of the parliamentary borough of Woolwich. The area of the ancient parliamentary borouph of Westminster, comprising the parishes of St. Margaret aud St. John, Westminster, the parish of St. George, Hanover Scpiare, the parish of St. James, Westminster, the parish of St. Martin-in-ti_a-Fields and the district of the Strand Board of Works, and including the Close of the Collegiate Church of St. Peter, Westminster, aud the Liberty of the Rolls. The area consisting of the parish of Stoke Newington and of the urban district of South Hornsey, or so much thereof as may be incorporated with the county of London under this Act. Transfer of Powers of London County Council. 199 SECOND SCHEDULE. I'AKT I. Minor Powers and Ddtdss to be Transferred from ( ni'NTV 1 OUNOIL. 62 & 63 Vict. c. 14. Sche-1. II., Part I. Section 5 (1). Powers and Duties transferred. Power under section eighty-lour ol London 'Building Act, 1894, to li> 1 the setting up of wooden structures, and power to take proceedings for default in obtaining or observing the conditions of a licence under that section. Power under section one hundred and thirty-four of the London Building Act, 1894, in relation to the removal of unauthorised sky signs. Powers under section one hundred and ninety-nine of the London Buildiug Act, 1894, which section relates to the removal of obstructions in streets. Power under section twenty-eight of the Public Health (London) Act, 1891, of registering dairymen. 1 londitions of I Subject in ease of default to the provisions of 1 Public Health (London) Act, 1891, as if tiie default were a default under that Act. Subject to the pow< the London County Council to make bye- laws, and in case of de- fault to the provisions of the Public Health (London) Act, 1891, as if the default were a default under that Act. Note.— Transfer of Powers from London County Council. — Sect. 5 (1) of the present Act provides that "as from the appointed clay the powers and duties of the London County Council under the enactments mentioned in Part < >ne of the Second Schedule to this Act shall, subject to the conditions mentioned in that schedul be transferred to each borough council as respects their borough." As to expenses connected with the exercise of the powers trans- ferred, see sect. 7. Licensing of Wooden Structures.— Sect. s 4 of the London Building Act, 1894 (57 & 58 Vict c. ccxiii.), is as follows: — "(1.) No person shall set up in any place any wooden structure 200 London Government Act, 1899. 62 & 63 Vict, (unless it be exempt from the operation of this part of this Act) c. 14. except hoardings enclosing vacant land and not exceeding in any part Sched. II., twelve feet in height without having first obtained for that purpose a Part I., n. licence from the Council and the licence may contain such conditions with respect to the structure and the time for which it is to be permitted to continue in the said place as the Council think expedient. "(2.) Provided that a licence shall not be required in the case ot any wooden structure of a movable or temporary character erected by a builder for his use during the construction alteration or repair of any building unless the same is not taken down or removed immediately after such construction alteration or repair. " Provided that this section shall not extend to or apply within the City or to any hoarding duly licensed by the local authority under any statutory powers in that behalf." " The Council " in the London Building Act, it should be men- tioned, means the London County Council. The section occurs in Part VII. of the Act, which comprises sects. 82-86, and is concerned with "special and temporary buildings and wooden structures." It is a re-enactment, with some modifications, of provisions in sect. 13 of the Metropolis Management and Building Acts (Amend- ment) Act, 1882 (45 Sc 46 Vict. c. 14), which provided that it should not be lawful for any person " to erect or set up in any place any wooden structure or erection of a movable or temporary character," unless exempt, without a licence. The following cases as to what constituted " a wooden structure or erection of a movable or temporary character " within sect. 1 3 of the Act of 1882 may be mentioned, though whether they will be followed, under sect. 84 of the Act of 1894, remains to be seen. In Hall v. Smallpiece (1890), 59 L. J. M. C. 97; 54 J. P. 710. it was held on a case stated by a magistrate (reversing his decision), that a steam roundabout, shooting gallery, and caravans did not come within the operation of sect. 1 3 of the Act of 1882. In London County Council v. Pearce [1892] 2 Q^B. 109: 66 L. T. 685 ; 40 W. R. 543 ; 56 J. P. 790, it was held on a case stated by a magistrate that the magistrate was justified in holding that the section did not apply to a builder's office constructed of wood and roofed with zinc, and placed upon wheels for the purpose of enabling it to be wheeled about to any place where building operations were being carried on. In London County Council v. Humphreys [1894], 2 Q,. B. 755; 63 L. J. M. C. 215 ; 71 L. T. 201 ; 43 W. R. 13 ; 58 J. P. 734, it was held, affirming a magistrate's decision, that the section did not apply to a bungalow of considerable size constructed of wood and corrugated iron, which was erected on a piece of land for the purpose of exhibition and sale, but which was not used or occupied, or intended to be used or occupied, on the spot where it was erected. In London County Council v. Candler (1891) 60 L. J. M. C. 114; 55 J. P. 679, it was held that a proviso in the section, similar to sub-sect. (2) of sect. 84, did not apply to a structure erected for the purpose of carrying on, during the progress of the works, the business usually carried on in the premises undergoing alteration or repair. Exemptions from Part VII. of the Act are contained in sects. 85, 86, 201-206, 210 and 212. These sections are too lengthy for quotation here. After the present Act comes into operation the council of a metropolitan borough will themselves be the " local authority " within Licensing of Wooden Structures. 201 the meaning of the London Building Act ; see sect. 5 (42) of that Act 62 & 63 Vict. ami sect. 4 (1) of the present Act. They will have power to license c. 14. the erection of hoardings under sect. 122 of the .Metropolis Manage- Sched. II.. ment Act, 1855. See also as to their power-, in relation to hoardings. Part I., n. sect. 121 of the Metropolis Management Act. [855, and sect 5: the London County Council (General Purposes) Act. 1890(53 & 54 Vict. c. ccxliii.). Proceedings in respect of a breach of sect. 84 of the London Build- in,: Act may no doubt he taken by the borough council under sect. 200 of that Act as amended by sects. 6 ami 7 of the London Building Ait (Amendment) -Ait. i.s<,s (61 & 62 Vict. c. exxxvii.), althou the present schedule does not expressly refer to those enactments. Sect. 200 of the Act of 1894 begins by providing that ''subject to the provisions of this Act every person who does any of the things specified in this section shall be deemed to have committed an offence a ainst this Act and shall be liable upon conviction in a summary manner to a penalty not exceeding the amount hereafter specified in connection with such offence and to a further penalty not exceeding the amount hereafter stated as the daily penalty in connection with such offence for every day on which the offence is continued after su h conviction." The section then enumerates and provides penalties for a large number of offences against the Act, and inter alio provides sub-sect. (3 ()) that " Every person who . . . sets up erects or adapts any building or structure to which Part VII. of this Act applies without having obtained any licence required by that Part of this Act or makes default in observing any of the conditions con- tained in such licence; shall be liable to a penalty not exceeding twenty pounds a day during every day of the continuance of the non-compliance with the order of the court in reference to the matters aforesaid." This provision is amended by sects. 6 and 7 of the amending Act of 1898, which provide as follows : — Sect. 6. "Sub-sect. (3) {e~) of the two hundredth section of the principal Act shall hereafter be read and construed and take effect as though the word 'retains' had been inserted therein immediately after the word 'erects' and the words 'approval or' had been inserted therein immediately before the word ' licence' wherever such word occurs therein." Sect. 7. " Every person who does any of the things specified in paragraphs (o.) (d) and (e) of sub-sect. (3) of sect. 200 of the principal Act as amended by this Act shall be liable on conviction to a penalty not exceeding forty shillings for every such offence and the court before whom an information is laid by the Council in respect there* f may in addition to imposing such penalty make an order in writing directing such person to demolish the building or structure com- plained of or any part thereof or to comply with the conditions con- tained in any consent licence or approval granted by the Council for the setting up erection adaptation alteration or retention of such building or structure and such order of the court shall be deemed to be the order of the court within the meaning and for the pi ot the third sub-section of the two hundredth section of the principal Act and the imposition of any penalty under the provisions of this present section shall be without prejudice to any proceedings under the third sub-section of the two hundredth section of the principal Act for the daily penalty therein mentioned or under any other pn - visions of the principal Act or otherwise but so that no person shall be liable to more than one penalty (other than daily penalties) for the same offence." 202 London Government Act, 1899. 62 & 63 Vict. The ordinary course therefore in case of a breach of sect. 84 will be c 14. to proceed under sect. 7 of the Act of 1898, and obtain an order under Sched. II., that section for the demolition or alteration of the structure. If that Part I., n. order is not complied with proceedings may be taken for the heavy penalties imposed by sect. 200 (3 e) of the Act of 1894 as amended by sect. 6 of the Act of 1898. And after the borough council have obtained a conviction under that section it will be open to them to proceed further under sect. 1 70 of the Act of 1 894 as applied by Part II. of the present schedule, with a view to causing the offending structure to be demolished ; see post, p. 207. An alternative method of proceeding in case of a contravention of sect. 84 of the Act of 1894 is at present afforded by sect. 150 and the following sections of that Act. V By sect. 150, " Where it appears from the building notice ^et.v_ed____> on the district surveyor under this Act that it is proposed to erect any building or structure or to do any work to in or upon any building which will be in contravention of this Act or that anything required by this Act is proposed to be omitted the district surveyor shall serve upon the builder or building owner a notice of objection to such proposed erection and in the event of the builder or the building owner being dissatisfied with the decision of the surveyor he may within fourteen days of the date of the notice of objection appeal to a petty sessional court who may make an order either affirming the objection or otherwise." By sect. 151 "In any of the following cases (that is to say) : — (a) Where in erecting any building or structure or in doing any work to in or upon any building anything is done in contra- vention of this Act or anything required by this Act is omitted to be done ***** the district surveyor shall serve on the builder engaged in erecting such building or structure or in doing such work a notice (hereinafter referred to as a notice of irregularity) requiring him within forty- eight hours from the date of the notice to cause anything done in contravention of this Act to be amended or to do anything required to be done by this Act which has been omitted to be done. . . ." Sect. 152 contains special provisions as to the service of the notice of irregularity by the district surveyor in cases where the building or structure has ceased to be in charge of or under the control of the builder. Sect. 153 provides as follows: — '•(1) If the person on whom the notice of irregularity is served make default in complying with that notice within the period named therein a petty sessional court on complaint made in a summary manner as provided by the Summary Jurisdiction Acts by the district surveyor may make an order on such person requiring him to comply with the notice or with any requisitions therein which may in the opinion of the court be authorized by this Act within a time to be named in the order. " (2.) If the order be not complied with the Council [i.e., the London County Council] may if they think fit after giving seven days' notice to such person enter with a sufficient number of workmen upon the premises and do all such things as may be necessary for enforcing the requisitions of the notice and for bringing any building or work into conformity with the provisions of this Act and all expenses incurred by the Council in so doing may be recovered in a summary way either Licensing of Wooden Structures. 203 from the person on whom the order was made or from the owner of 62 & 63 Vict, the premises." c. 14. Proceedings under sect. 200 (3 1?) may doubtless follow upon an Sched. II., order of the court under sect. 150 or 153 (1). Part I., n. It will be observed that sects. 150, 151, and 153 (1) contemplate action beinj,' taken by the district surveyor. By sect. 159, however, it is provided that "The Council [i.e., the London County Council] may in any case where they shall think tit so to do undertake on behalf of a district surveyor any proceedings which would otherwise be undertaken by such district surveyor or may pay the costs incurred by any district surveyor in any proceedings taken by him under this Act." There would appear to be nothing to prevent a district surveyor, after the coming into operation of the present Act, from proceeding under sects. 150-153 with regard to a structure contravening sect. 84. But it is far from clear whether or not the present Act has the effect of transferring the powers of the County Council under sect. 159 to the borough council in case of a breach of sect. 84. Sky Signs. — The provisions of the London Building Act, 1894, as to sky signs, which form Part XII. of that Act, comprising sects. 125-135, are a re-enactment, with modifications, of the London Sky Signs Act, 1891 (54 and 55 Vict. c. lxxviii.) as amended by sect. 17 of the London County Council (General Powers) Act. 1893 (56 & 57 Vict. c. ccxxi). Sect. 134 of the London Building Act, 1894, under which section the council of a metropolitan borough will have powers by virtue of the present schedule, is as follows : — " If any sky sign be erected or retained contrary to the provisions ot this Act [or after the licence for the maintenance or retention thereof for any period shall have become void 1 ] it shall be lawful for the council to take proceedings for the taking down and removal of the sky sign in the same manner in all respects as if it were a structure certified to be in a dangerous state under Part IX. of this Act except that the pro- visions of the said Part with respect to arbitration shall not apply and it shall be lawful for the Council or any officers servants or workmen appointed by them for that purpose (after obtaining the order of a petty sessional court for the taking down of the sky sign and after the expiration of the period (if any) fixed by such order for taking down the same) to enter upon the land building or premises on or over which the sky sign is erected and to take down and remove the sky sign and to execute and do any works which may be necessary for that purpose and for leaving any building to which the same was attached in a condition of safety and all the expenses of and incidental to any such work shall be repaid and be recoverable as though the same were a penalty imposed by this Act. " For the purpose of any such proceeding the expression ' the owner' in the said Part of this Act shall mean the occupier of the house building or structure on or to which the sky sign is erected or attached or if the house building or structure is unoccupied then the person who would be the owner thereof within the meaning of this Act." By sects. 127 and 128 of the Act it is unlawful to erect, and it will very shortly become unlawful to retain, any sky sign as delined (1) The words in italics will have ceased to be operative before the present Act comes into operation. 204 London Government Act, 1899. 62 & 6" 1 Vict, by the Act, the periods during which sky signs erected before the c. 14. ' Act might be temporarily retained expiring at latest in August, 1899. Sched. II., "Sky sign," for the purposes of Part XII. of the Act, is defined Part I., n. thus in sect. 125 : — " ' Sky sign ' means any word letter model sign device or representation in the nature of an advertisement announcement or direction supported on or attached to any post pole standard framework or other support wholly or in part upon over or above any building or structure which or any part of which sky sign shall be visible against the sky from any point in any street or public way and includes all and every part of any such post pole standard framework or other support. The expression ' sky sign ' shall also include any balloon parachute or similar device employed wholly or in part for the purposes of any advertisement or announcement on over or above any building structure or erection of any kind or on or over any street or public way but shall not be deemed to include — "(i) Any flagstaff pole vane or weathercock unless adapted or used wholly or in part for the purposes of any advertisement or announcement. "(ii) Any sign on any board frame or any other contrivance securely fixed to or on the top of the wall or parapet of any building on the' cornice or blocking course of any wall or to the ridge of a roof provided that such board frame or other contrivance be of one continuous face and not open work and do not extend in height more than three feet above any part of the wall or parapet or ridge to against or on which it is fixed or supported ; or " (iii) Any such word letter model sign device or representation as aforesaid which relates exclusively to the business of a railway company and which is placed or may be placed wholly upon or over any railway station yard or platform or station approach or premises belonging to a railway company and which is also so placed that it could not fall into any street or public place." The case of London County Council v. Carivardine (1892), 62 L. J. M. C. 40; 68 L. T. 761 ; 57 J. P. 181, decided under the London Sky Signs Act, 1891 (54 & 55 Vict. c. lxxviii.), shows that a structure may be a sky sign within the definition, although it serves purposes other than that of advertisement. In that case the question arose with reference to a structure erected over a building and consisting of an open tower or framework of timber some fifty feet high, with a windmill on the top. Half-way up the tower was a gallery surrounding the tower, with a fence consisting of large letters forming the proprietor's name. And on the rudder of the windmill was painted the proprietor's name and business. It was held that the structure was a sky sign, although the windmill was used to drive machinery within the building for useful purposes. In Tussaud v. London County Council (1892) 57 J. P. 184, the owner of a waxworks exhibition had fixed the letters " Madame Tussaud's" to a galvanized iron trellis, supported on a palisade surmounting one of the end walls of a large building. The dome of the building was some thirty feet higher than and separated from these letters. At one small part of the street the letters were visible against the sky. Proceedings were taken before a magistrate under the London Sky Signs Act, 1891, and the magistrate held that the structure was a sky sign. But the Court, on a case stated, reversed his decision on the ground that the structure was not within the definition of sky sign in that Act, chiefly, it would seem, on the ground that it was not "wholly or in part over" the building to Sky Signs. 205 which it was attached. The definition in sect. 125 of the Act 62 & 63 Vict of 1894, however, instead of the words "wholly or in part over," c. 14. contains the words "wholly or in part upon over or above," and Sched. II.. the decision, which the writer ventures to think very unsatisfactory, Part I., n. is hardly likely to be followed. In London County Council v. Savoy Hotel Co. (1S96) 60 J. P. 457, the hotel company had affixed to their hotel a structure composed of boards to which were affixed embossed glass letters in metal frames. The boards to which the letters wen- affixed were visible from the streets against the sky. but the letters themselves were not visible against the sky. but only against the boards. It was held, on a case stated by a magistrate, reversing his decision, that the structure was a sky sign. And \\ ills. J., pointed out the above-mentioned distinction between the definitions in the Acts of 1S91 and 1894. The definitions of " street " and " way " contained in the Act are quoted post, p. 206. The proceedings for the removal of sky signs under sect. 134 and Part IX. of the Act as applied by that section will be shortly as follows : — First, notice must be served on the occupier of the premises, or, if they are unoccupied, upon the '"person who would be the owner," requiring him to take down or remove the sky sign (See sect. 106). If the notice is not complied with complaint must be made to a petty sessional court, and that court may order the defendant to take down the sign within a time to be fixed by the order (see sect. 107). If that order is not complied with the council may themselves cause the sign to be removed under sect. 134. And they may under the same section recover the expenses of and incidental to the work, as though the same were a penalty imposed by the Act, that is in the manner prescribed by the Summary Jurisdiction Acts (See sect. 166). The expression ''owner'' is defined by sect. 5 (29) as applying to "every person in possession or receipt either of the whole or of any part of the rents or profits of any land or tenement or in the occupa- tion of any land or tenement otherwise than as a tenant from year to year or for any less term or as a tenant at will.*' The numerous cases that have been decided under this and other similar definitions as to the meaning of " owner," it is beyond the scope of this work to discuss. Probably the expression " the person who would be the owner " in sect. 134 means the person who is the owner within the definition. A person who places, erects, or retains, or suffers or permits to be placed or retained, any sky sign contrary to the provisions of the Act is liable to penalties under sect. 200 (See sub-sect. (11 a)). The councilof a metropolitan borough are, however, not expressly authorised to proceed for penalties for this offence. As to proceedings for penalties under the Act by such a council in cases where they are not expressly authorised to take such proceedings, see the note to Part 11. of the present schedule, post, p. 208. As to the provisions of the Public Health (London) Act. 1 with reference to default on the part of a sanitary authority in the discharge of their duties, see ante, p. 208. Obstructions ill Streets.— Sect. 199 of the London Building Act, 1894. provides as follows: — - No person not being lawfully authorised shall erect or place or cause to he erected or placed any post rail fence bar obstruction or encroachment whatsoever in upon over or under any street and no person not being lawfully authorised shall alter or interfere with 206 London Government Act, 1899. 62 & 63 Vict. c. 14. Sched. II., Part L„ 11. any street in such manner as to impede or hinder the traffic for which such street was formed or laid out from passing over the same. "The Council may at the expiration of two days after giving notice in writing to the person to demolish or remove any such post rail fence bar obstruction or encroachment or to reinstate or restore such street to its former condition (as the case may be) demolish or remove any such post rail fence bar obstruction or encroachment and reinstate or restore such street to its former condition and recover the expenses thereof from such person in a summary manner. "This section shall not apply within the City." By sect. 5 (1) of the Act " street " is defined as meaning and including, unless the context otherwise requires, " any highway and any road bridge lane mews footway square court alley passage whether a thoroughfare or not and a part of any such highway road bridge lane mews footway square court alley or passage." There are very numerous decisions, to which it is beyond the scope of the present work to refer, as to the meaning of the expression " street " both apart from definition, and under definitions similar to that above quoted. The definition is not a little obscured by the next clause of sect. 5, whereby " way " is defined as including " any public roadway or footpath not being a street and any private roadway or footpath which it is proposed to convert into a highway or to form lay out or adapt as a street." Registration of Dairymen.— As to the registration of dairymen under sect. 28 of the Public Health (London) Act, 1891, see ante, p. 91. Section 5 (2). Part II. Powers of County Council to be exercised also by Borough Councils. Powers exercisable. 57 & 58 Vict, c. ccxiii. Power under section one hundred and seventy of the London Building Act, 1804, which section relates to the demolition of buildings in case of the conviction for an offence against the Act, or byelaws made under it. Power to take proceedings in respect of timber or other articles piled, stacked, or stored in contravention of section one hundred and ninety-seven or section two hundred (11) (li) of the London Building Act, 1894. Powers under sections seventeen 10 34 & 35 Vict. twenty-five of the Metropolis Water c. 113 Act, 1871, with respect to regulations of water companies. Conditions of Exercise. The power to be exercised only where the borough council have obtaiued the conviction. The power to be exercised only within the borough. The power to be exercised only with respect to a water company supply- ing any part of the borough. Demolition of Buildings and Structure*. !07 Power under section seven of the Railway and ('anal Traffic Act, 1888, to make or appear in opposition to certain com- plaints. Powers under section sixty-five of the Local Government Act, 1888, which section relates to the acquisition of land. Power to adopt Part III. of the Housing of the Working Classes Act, 1890. Power to make byelaws under section twenty-three of the Municipal Cor- IS Act, 1882, as applied by section sixteen of the Local Govern- ment Act, L888. onsof ] 3 Vict. !. II.. Part II 51 & Vict The power to be exer< only where the land is 51 & 52 Vict. required for the purpose c 4 1. of any ol rs or duties of the borough council. The power to be i 53 & 5 ! Vict, only within the borough. ,. 70. The byelaws to be in force only within the borough ;:, & p; Vict. and not to be incoiiMs- , . 50. tent with any byelaws :,i & 52 Vict. made by the county c. 41. council. Note.— Powers of London County Council exer- ciseable by Borough Council. — The present part of Sched. II. is referred to in sect. 5 (2) of the Act which provides that. " As from the appointed day the powers of the London County Council under the enactments mentioned in Part Two of the Second Schedule to this Act may, subject to the conditions mentioned in that Schedule, be exercised also by each borough council as respects their borough." Demolition of Buildings and Structures in Case of Conviction.— Sect. 170 of the London Building Act, 1S94, provides as follows: — •■ W here any person has been convicted of an offence against any of the provisions of any Part of this Act or any bye-law made there- under by constructing erecting adapting extending raising altering uniting or separating any building or structure or any part of any building or structure in contravention of any provisions of any Part of this Act it shall be lawful for the Council after giving fourteen days' notice to such person to bring such building or structure into conformity with the said provisions and after default shall have- been made in complying with such notice and notwithstanding the imposition and recovery of any penalty to cause complaint thereof to be made before a petty sessional court who may thereupon issue a summons requiring the person making such default as aforesaid to appear to answer such complaint and if the said complaint is proved to the satisfaction of the court the court may make an order in writing authorizing the Council and it shall thereupon be lawful for the Council to enter upon such building or structure with a sufficient number of workmen and to demolish or alter such building or structure or any part thereof so far as the same shall have been 208 London Government Act, 1899. 62 & 63 Vict, adjudged to be in contravention of this Act or any bye-law under this %. 14. Act and to do whatever other acts may be necessary for such purpose Sched. II., and to remove the materials to some convenient place and if in their Part II., n. discretion they think fit sell the same in such manner as they may think fit and all expenses incurred by the Council in demolishing or altering such building or structure or any part thereof and in doing such other acts as aforesaid or the balance of such expenses after deducting the proceeds of sale of the aforesaid materials (if the Council thinks fit to sell the same) may be recovered from the person committing the offence aforesaid in a summary manner. " If the proceeds of such sale shall be more than sufficient to defray such expenses the Council shall restore the surplus of such proceeds after deducting the amount of all such expenses to the owner of the building or structure on demand." The council of a metropolitan borough will have power under this section only in those cases where the conviction has been obtained by that council. The London Building Act does not specify the persons by whom proceedings are to be taken in respect of an offence against its provisions, and though it is obviously contemplated, as is the practice, that such proceedings should in general be taken by the London County Council, it seems to be open to any person to prosecute for such offences. See Reg. v. Stewart [1896] 1 QJ3. 300 ; 65 L. J. M. C. 83; 74 L. T. 54; 44 T. R. 368; 60 J. P. 356; 18 Cox C. C. 232. Consequently it seems that a conviction for any breach of the Act might be obtained on the prosecution of the council of a metropolitan borough. But it seems that such a council could only justify expenditure on such a prosecution in the cases where they are expressly authorized to take proceedings, or in cases where they may be able to justify such expenditure under the Borough Funds Act, 1 8 7 2, as to which see sect. 6 (6) of the present Act and the note thereto, ante, pp. 92-96. It may well be doubted, however, whether it is intended that the borough council should have powers under sect. 170, except in those cases where they have obtained a conviction in the exercise of a special power to prosecute. The council will have special power to prosecute, by virtue of the present schedule, in respect of wooden structures (see ante, pp. 201-203), and stacks of timber, etc. (see post, p. 209), contravening the Act. By sect. 164 of the Act, bye-laws made under the Act by the London County Council as to the regulations of lamps, signs, and other structures overhanging the public way are to be " administered " by the " local authority," that is, under the present Act, by the borough council (see ante, p. 201). And this provision must, no doubt, be read as giving the council special power to prosecute in the case of a breach of those bye-laws. By sect. 171 it is provided that " the powers conferred by this Part of this Act upon the Council with respect to any building or structure in case such building or structure has been erected extended or raised contrary to the provisions of this Act beyond the general line of buildings in the street place or row of houses in which the same is situate "shall extend and apply to and may be exercised by the local authority in like manner as by the Council." Under this section the council of a metropolitan borough as the "local authority" under the London Building Act, will be able to exercise the powers of sect. 170 as to buildings contravening the provisions of Part III. of the Act, with reference to the line of building frontage, whether the conviction has been obtained by them or by any Timber Stacks, &>c. 209 other authority or person. Hut it may be doubted whether the section 62 & 63 Vict, can he regarded as authorizing the local authority to incur expenditure c. 14. on a prosecution for a breach of Part 111. of the Act. Sched II., Part II. Timber Stacks, etc. — Sect. 197 of the London Building Act. 1894, is as follows : — •• ( 1) It shall not be lawful for any person to erect or place a pile stack or store of cut or uncut timber lathwood firewood casks or barrels whether on or above the ground nearer to a street than the buildings forming the general line of buildings therein except in a position wherein such a pile stack or store stood on the first day of January 1894. "(2) It shall not be lawful for any person to pile stack or store cut or uncut timber lathwood firewood casks or barrels in the same yard or ground or in any part of the same premises with any furnace except in the following cases: — (a) Where the furnace is enclosed in a building or chamber con- structed of fire-resisting materials; or (£) Where there is a distance of not less than ten feet between the furnace and the pile stack or store of timber lathwood firewood casks or barrels. "(1,) No pile stack or store of timber lathwood firewood casks or barrels shall exceed sixty feet in height from the level of the ground. '•(4) It shall not be lawful to form in any pile stack or store of timber lathwood firewood casks or barrels any room or chamber or space (other than a passage) to be used for any purpose whatever. •' (5) Timber yards existing at the time of the passing of this Act shall comply with these provisions within two years from the date of the passing of the Act but the Council shall have power in individual cases if they think fit to prolong this time for a term not exceeding seven years and shall have power to relax any of the provisions of this section. '' (6) This section shall not apply to railway companies or canal companies so far as regards timber lathwood firewood casks or barrels in transit or piled stacked or stored on land occupied by them for the purposes of their undertakings nor to timber lathwood fire- wood casks or barrels piled stacked or stored in or on any yard or other premises occupied by any dock company for the purposes of their undertaking or to any such yard or premises or to any person piling or stacking or storing timber lathwood firewood casks or barrels in or on any such yard or premises." By sect. 200 (1 1). " Any person who . . . (//) Acts in any manner in contravention of any of the pro- visions of this Act relating to the storing of wood and timber . . . ***** shall be liable to a penalty not exceeding forty shillings and to a daily penalty not exceeding the like amount." As to " daily '* penalties under sect. 200, see ante, p. 201. Sect. 22 of the Act provides that no building or structure shall, without the consent of the London County Council, be erected " beyond the general line of buildings in any street or part of a street place or row of houses in which the same is situate in case the distance of such line of buildings from the highway does not exceed fifty feet or within fifty feet of the highway when the distance of the line of buildings therefrom amounts to or exceeds fifty feet. . . . Such general line of buildings shall if required be defined by the superin- P 210 London Government Act, 1899. 62 & 6- Vict, tending architect by a certificate such certificate to be issued within one c. I4. month from the date of the application therefor." And sects. 23-31, Sched. II., which, with sect. 22, constitute Part III. of the Act, contain various Part II., n. provisions which may be regarded as consequential on those in sect. 22. It is, however, not clear whether the provisions of Part III. with reference to the general line of buildings apply for the purpose of sub-sect. (1) of sect. 197, so that the determination of the general line of buildings under that sub-section rests with the superintending architect, or whether under that sub-section it is for the Court before whom proceedings for a breach of the sub-section are taken, to determine for itself what is the general line of buildings. There have, it should be mentioned, been numerous decisions as to the " general line of buildings" under Part III., and the earlier enactments thereby replaced. The definition of " street " in the Act is quoted, ante, p. 206. It should be observed that while the council of a metropolitan borough will have power to take proceedings for a breach of sect. 197. they will not be able to exercise the dispensing powers conferred on the London County Council by sub-sect. (5) of that section. Regulations of Metropolitan Water Companies.— The London County Council are, as respects the county of London, the " metropolitan authority " within the meaning of the Metropolis Water Act, 1871 (34 & 35 Vict. c. 113. See sect. 3 and sched. A). And the effect of the provisions of the present schedule, as to the regulations of metropolitan water companies, is to make the council of a metropolitan borough a " metropolitan authority " for the purposes of sects. 17-25 of that Act, so far as regards a company supplying any part of their borough. Sect. 17 of that Act required every metro- politan water company, within six months of the passing of that Act. to make regulations for the purposes for which regulations might be made under sect. 26 of the Metropolis Water Act, 1852 (15 & 16 Vict, c. 84). Sect. 26 of the Act of 1852 provides that it shall be lawful for any of the metropolitan water companies to make such regulations as shall be necessary or expedient for the purpose of preventing the waste or misuse of water ; and therein, amongst other things, to prescribe the size, nature, and strength of the pipes, cocks, cisterns, and other apparatus to be used, and to interdict any arrangements, and the use of any pipes, cocks, cisterns, or other apparatus, which may tend to such waste or misuse as aforesaid. The scope of the section was extended by sect. 17 of the Act of 187 1, which provides that the provisions of sect. 26 of the Act of 1852 "shall apply also to the preventing of undue consumption or contamination of water." A uniform set of regulations applicable to all the metropolitan water companies was made under sect. 17 of the Act of 1871 and duly confirmed under sect. 22 of that Act (see post, p. 211), on August 10th, 1872. These regulations, which still remain in force, will be found in the London Gazette of August 13, 1872, p. 3635. Various powers were, by the Metropolis Water Acts, 1852 and 1871, given to the Board of Trade. But by sect. 35 of the Public Health Act, 1872 (35 & 36 Vict. c. 79), re-enacted in Sched. V., Pt. III. of the Public Health Act, 1875, the powers and duties of the Board of Trade under the Acts of 1852 and 1871 were transferred to the Local Government Board, and it is enacted that the " Local Government Board" shall be deemed to be substituted for the " Board of Trade" wherever the latter expression occurs in those Acts. This substitution has been made in the sections of the Act of 1S71 quoted below. Regulation of Metropolitan Water Companies. 211 By sect. 1 8 of the Act of 187 1, " any company [i.e. any metropolitan 62 & 6 1 Vict, water company], if it thinks tit, or if requested so to do by the Local c . 14. Government Board, may repeal or alter any of the regulations made Sched. II., for the purposes aforesaid, or make new regulations instead of any of Part II., n. the same." By sect. 19, " In case any company does not make regulations within the time specified in this Act, or in case any company, on being requested in writing by the metropolitan authority, or by any ten consumers of the water supplied by that company, to repeal or alter any of the regulations for the time being in force, or to make new regulations instead of any of the same, refuses so to do, the Local Government Board may, if they think fit, appoint a competent and impartial person of engineering knowledge and experience to report to them as to such regulations as may be necessary for the execution of this Act, or as to the expediency of altering or repealing such regula- tions, or of making new regulations, in conformity with such request as aforesaid, and on the report of such person the Local Government Board may make such regulations, repeal, or alterations as they think fit." Sect. 20 enables penalties to be imposed by the regulations. By sect. 21, " Within four days after the making of any regulation, or of any repeal of or alteration in any regulation, notice of the same shall be served upon the metropolitan authority by the company or person making the same." By sect. 22, "No regulation, and no repeal or alteration of any regulation, made under the authority of the .Metropolis Water Act. 1852, or of this Act, by a company, shall be of any force or effect unless and until the same be submitted to and confirmed by the Local Government Board, who may institute such inquiry in relation thereto as they shall think fit, and who at such inquiry shall hear the metro- politan authority, and the company, if desiring to be heard, and the said Board shall, if they think fit, or if requested, nominate and have present at such inquiry to advise and assist them a competent and impartial water-works engineer. The Local Government Board may, after such inquiry, confirm or disallow any such regulation, repeal, or alteration. in whole or in part, or may confirm the same with such modification or alteration as they may think proper: and no such regulation, repeal, or alteration shall be made by the Local Government Board on any such report as aforesaid except after a like inquiry and hearing, with the like advice and assistance as aforesaid : Provided that no such regula- tion, repeal, or alteration shall be confirmed or made (as the case may be) by the Local Government Board unless notice in that behalf shall have been given by the company to which the same relates, or by such person as the Local Government Board direct, in the London Gazette and in the daily morning newspapers circulated within the limits ot this Act, one month at least before the inquiry ; and one month at least before any such inquiry is held a copy of the regulation, repeal, or alteration in question shall be sent by such company or person to the office of the metropolitan authority, and the same shall for one month be kept open during office hours at the respective offices of the metropolitan authority and of the said company to the inspec- tion of all persons, without fee or reward, and a copy of the same or of any part thereof shall be furnished to every person who shall apply for the same, on payment of sixpence for every one hundred words contained in such copy." By sect. 23, "A printed copy of all regulations in force for the time being shall be kept at the office of the metropolitan authoritv and ot p 2 212 London Government Act, 1899. 62 & 63 Vict, every company within the limits of this Act, and all persons may at all c. 14. reasonable times inspect such copy without payment." The section Sched. II., further requires the companies to supply copies of the regulations at Part II., n. specified prices. Sect. 24 provides that the regulations shall be binding on all parties; and sect. 25 makes printed copies of the regulations, purporting to be duly sealed, conclusive evidence of such regulations. The Metropolis Water Acts, 1852 and 1871, have now, it may be mentioned, been extended by the Metropolis Water Act, 1897 (60 & 61 Vict. c. 56) to the whole of the area of supply of the metropolitan water companies ; and the county councils and councils of county boroughs are given the functions of " metropolitan authority " with reference to the portions of that area outside London. In the City the Corporation are the " metropolitan authority." Complaints to Railway and Canal Commissioners. — Sect. 7 of the Railway and Canal Traffic Act. 1S88 ( 51 & 52 Vict. c. 25) provides that any of certain local authorities, including the Metropolitan Board of Works, now the London County Council, may make to the Railway and Canal Commissioners " any complaint which the Com- missioners have jurisdiction to determine, and may do so without proof that such authority is aggrieved by the matter complained of, and any of such authorities may appear in opposition to any complaint which the Commissioners have jurisdiction to determine in any case where such authority, or the persons represented by them, appear to the Com- missioners to be likely to be affected by any determination of the Commissioners upon such complaint." It is of course beyond the scope of this work to discuss the jurisdic- tion of the Railway and Canal Commissioners. The following powers of the Commissioners to entertain complaints may. however, be mentioned. They have power to entertain complaints of a breach of the provisions of sect. 2 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict, c. 31) and the amending legislation, whereby railway and canal companies are required to give facilities for receiving, forwarding, and delivering their own traffic : to abstain from giving undue prefer- ence to any particular person, company, or traffic : to give facilities for through traffic ; and to make arrangements for through rates. They have also power under sect. 9 of the Railway and Canal Traffic Act, 1888 (51 & 52 Vict. c. 25) to entertain complaints of a breach of any enactment in a special Act, containing provisions relating to traffic facilities, undue preference, &c. ; requiring a railway or canal company to provide any station, road, or other similar work for public accommo- dation ; or otherwise imposing on such a company any obligation in favour of the public or any individual. By sect. 16 of the Railway and Canal Traffic Act, 1888, where the Board of Trade or the Railway and Canal Commissioners, in the exercise of any power given by any general or special Act, on applica- tion, order a railway or canal company "to provide a bridge, subway, or approach, or any work of a similar character, the Board of Trade or the Commissioners, as the case may be, may require as a condition of making the order that an agreement to pay the whole or a portion of the expenses of complying with the order shall be entered into by the applicants or some of them, or such other persons as the Board of Trade or the Commissioners think fit, and any of the following local authorities, namely, any sanitary authority, highway board, surveyor of highways acting with the consent of the vestry of his parish, or any other authority having power to levy rates, shall have Acquisition oj Land. 213 power, if such authority think tit, to enter into any such agreement as ( )2 & 63 Vict. is sanctioned by the Board of Trade or Commissioners for the purpose c. 14. of the order. In such case any question respecting the persons by Sched. II., whom or the proportions in which the expenses of complying with Part II.. n. the order are to be defrayed may. on the application of any party to the application, or on a certificate of the Board of Trade, be determined by the Commissioners." It is clear that the council of a metropolitan borough will have the powers of a local authority under this enactment, if not as the surveyor of highways, at all events as an authority having power to levy rates. H\ sect. 54 of the same Act :— '• ( 1 ) \\ here any local authority having power under this Act to make or oppose any complaint to the Commissioners, or the Hoard of Trade, or to enter into any agreement to pay the whole or a portion of the expenses of complying with an order of the Commissioners or the Board of Trade, or to make any application for the abandonment or acquisition of a canal under this Act, incur any expenses in or in- cidental to such complaint, opposition, agreement, or application, such expenses may be defrayed out of the rates or funds out of which the expenses incurred by such authority in the execution of their ordinary duties are defrayed . . . . ' " (2) A local authority may enter into any contract involving the payment by themselves and their successors of any expenses authorised by this section to be defrayed. "(3) Where any such local authority have no power to borrow money for the purpose of defraying any expenses authorised by this section, such authority, if other than a surveyor of highways, may, with the consent of the Board of Trade in the case of any harbour board or conservancy authority, and with the consent of the Local Government Board in the case of any other authority, borrow money in manner provided by the Local Loans Act, 1875, on the security of the rates or funds out of which the expenses are authorised to be defrayed, and the prescribed period for the loan shall be such period as the Board giving such consent may approve. 11 (4) On the request of any board whose consent is required for such loan, the Board of Trade or Commissioners shall certify such particulars respecting the amount of the said expenses and the propriety of incurring the same and of borrowing for the payment thereof as may be requested by such board.*' The local authorities mentioned in sect. 7 of the Railway and Canal Traffic Act, 18SS, have power under sect. 31 of that Act to make certain complaints to the Board of Trade, and under sect. 45 of that Act they have certain powers in relation to unnecessary or derelict canals. It is, however, submitted that the council of a metropolitan borough will not enjoy these powers. Acquisition Of Land.- Sect. f>5 of the Local Government Act, 1888, is concerned with the acquisition of land by a county council. It is as follows: — " (1.) A county council may, from time to time, for the purpose of any of their powers and duties, including those which are to be executed through the standing joint committee, acquire, purchase, in- take on lease, or exchange any lands or any easements or rights over or in land, whether situate within or without the county, and may acquire, hire, erect, and furnish such halls, buildings, and offices as (l) The rest of the sub-section refer- to rural authorities. 214 London Government Act) 1899. 62 & 63 Vict, they may from time to time require, whether within or without their c. 14. county. Sched. II., "(2.) For the purpose of the purchase, taking on lease, or exchange Part II., n. of such lands, sections one hundred and seventy-six, one hundred and seventy-seven, and one hundred and seventy-eight of the Public Health Act, 1875, s ' ia H a PPty as if they were herein re-enacted, and in terms made applicable to the county council. " (3-) Where the county council, with the consent of the Local Government Board, sell any land, the proceeds of such sale shall be applied in such manner as the said Board sanction towards the dis- charge of any loan of the council, or otherwise for any purpose for which capital may be applied by the council." The sections of the Public Health Act, 1875, incorporated with sub- sect. (2) of the above section are as follows : — Sect. 176. "With respect to the purchase of lands by a local authority for the purposes of this Act, the following regulations shall be observed ; (that is to say,) "(1.) The Lands Clauses Consolidation Acts, 1845, i860, and 1869, shall be incorporated with this Act, except the pro- visions relating to access to the special Act, and except section one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845: "(2.) The local authority, before putting in force any of the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, shall Publish once at the least in each of three consecutive weeks in the month of November, in some local newspaper circulated in their district, an advertisement describing shortly the nature of the undertaking in respect of which the lands are proposed to be taken, naming a place where a plan of the proposed undertaking may be seen at all reasonable hours, and stating the quantity of lands that they require; and shall further Serve a notice in the month of December on every owner or reputed owner, lessee or reputed lessee and occupier of such lands, defining in each case the par- ticular lands intended to be taken, and requiring an answer stating whether the person so served assents, dissents, or is neuter in respect of taking such lands : " (3.) On compliance with the provisions of this section with respect to advertisements and notices, the local authority may, if they think fit, present a petition under their seal to the Local Government Board. The petition shall state the lands intended to be taken, and the purposes for which they are required, and the names of the owners lessees and occupiers of lands who have assented dissented or are neuter in respect of the taking such lands, or who have returned no answer to the notice; it shall pray that the local authority may, with reference to such lands, be allowed to put in force the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, and such prayer shall be supported by such evidence as the Local Government Board requires: " (4.) On the receipt of such petition and on due proof of the Acquisition vj Land. 2 1 5 proper advertisements having been published and notices 02 & 63 Vict. served the Local Government Board shall take such petition c. 14. into consideration, and may either dismiss the same, or Sched. II., direct a local inquiry as to the propriety of assenting to I'art II., n. the prayer of such petition : but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners lessees and occupiers thereof: ■ [-. After the completion of such inquiry the Local Government Board may, by provisional order, empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served : " Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the provisional order to which such notices refer, shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given ; and any notices or orders by this section required to be served on a number of persons having any right in over or on lands in common may be served on any three or more of such persons on behalf of all such persons." Sect. 177. " Any local authority may, with the consent of the Local Government Board, let for any term any lands which they may possess, as and when they can conveniently spare the same." Sect. 178. "The Chancellor and Council of the Duchy of Lancaster for the time being may, if they think fit, (but subject and without pre- judice to the rights of any lessee tenant or occupier,) from time to time contract with any local authority for the sale of, and may (subject as aforesaid) absolutely sell and dispose of, for such sum as to the said Chancellor and Council may appear sufficient consideration, the whole or any part of any lands belonging to Her Majesty her heirs or successors in right of the said duchy, or any right interest or easement in through over or on any such lands which for the purposes of this Act such local authority from time to time deem it expedient to purchase ; and on payment of the purchase-money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authority, under the seal of the said duchy, in the name of Her Majesty her heirs or successors the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855." The Lands Clauses Consolidation Acts, 1845, iS6o and 1869 (8 & 9 Vict. c. 18 ; 23 & 24 Vict. c. 106; and 32 & 33 Vict. c. 18) referred to in sub-sect. (1) of sect. 176 of the Public Health Act, 1875, have been amended by the Lands Clauses (Umpire) Act, 1883 (46 Vict. c. 15) and the Lands Clauses (Taxation of Costs) Act. 1895 (58 & 59 Vict. c. 11). It is of course beyond the scope of this work to discuss these Acts. 216 London Government Act, T899. 62 & 63 Vict. It is the practice of the Local Government Board in the autumn — • c. 14. of each year to issue instructions to local authorities under the Public Sched. II., Health Act, 1875, with reference to applications for provisional orders Part II., n. under sect. 176 of that Act. These instructions describe with great minuteness the manner in which the authority should proceed, and call attention to the Standing Orders of the Houses of Parliament with which it is necessary that the local authority should comply. The Instructions issued in 1898 will be found in Glen's " Law of Public Health" (12th Ed.), vol. II. p. 201 1. Standing Orders of the Houses of Parliament (H. L. in; H. C. 183 A.), which are not quoted in these instructions, require that in any Bill giving power to acquire land clauses shall be inserted prohibiting the taking of more than a certain number of houses occupied by persons belonging to the labouring class as tenants or lodgers, unless and until a scheme for providing new dwellings for the persons residing in those houses has been approved and the promoters have given security for carrying out the scheme, and containing certain consequential provisions. Clauses of this kind will be found in many Acts confirming provisional orders under sect. 176 of the Public Health Act, 1875. The local authority are not bound to purchase land with reference to which they have obtained a provisional order. See Burges v. Bristol Urban Sanitary Authority (1886), 50 J. P. 455. The procedure with reference to the assessment of compensation where land is purchased under sect. 176 of the Public Health Act, 1875, is wholly governed by the provisions of the Lands Clauses Acts, and the provisions of the Public Health Act as to the assessment of compensation do not apply. See Ex parte Rayner (1878) 3 Q. B. D. 446; 47 L. J. Q^B. 660; 39 L. T. 232 ; 42 J. P. 807. Borough councils will, in addition to their power of acquiring land under the enactments discussed above, have various special powers of acquiring land for particular purposes. The most important powers of the kind will be those which they will have as successors of the administrative vestries and district boards under sects. 80-96 of the Metropolitan Paving Act, 18 17 (57 Geo. 3 c. xxix.) as extended to the metropolis generally by sect. 7 3 of the Metropolis Management Amendment Act, 1862 (25 & 26 Vict, c. 102). Under these enactments the borough councils will have compulsory powers for the purchase of land required for street improvements without its being necessary for them to obtain any special authority in the particular case from Parliament or otherwise. Working Class Lodging Houses. — Part III. of the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70) which comprises sects. 53-71 of that Act, is concerned with the pro- vision of lodging houses for the working classes. By sect. 53 "(1.) The expression 'lodging houses for the working classes' when used in this part of this Act shall include separate houses or cottages for the working classes, whether containing one or several tenements, and the purposes of this part of this Act shall include the provision of such houses and cottages. "(2.) The expression 'cottage' in this part of this Act may include a garden of not more than half an acre, provided that the estimated annual value of such garden shall not exceed three pounds." By sect. 54 "This part of this Act may be adopted in the several Working Class Lodging Houses. 217 districts mentioned in the first schedule to this Act by the local (, 2 Ik 63 Vict. authorities in that behalf in that schedule mentioned . . ." c. 14. The rest of sect. 54 and sect. 55 deal with the adoption of the Sched. II., Act by a rural authority. Part II., a. By sect. 56 " Where this part of this Act has been adopted in any district, the local authority shall have power to carry it into execution (subject to the provisions of this part of this Act with respect to rural sanitary authorities), and for that purpose may exercise the same powers whether of contract or otherwise as in the execution of their duties in the case of the London County Council under the Metropolis Management Act, 1855, and the Acts amending the same, or in the case of sanitary authorities under the Public Health Acts, or in the case of the Commissioners of Sewers under the Acts con- ferring powers on such Commissioners." By sect. 57 " (1.) Land for the purposes of this part of this Act may be acquired by a local authority in like manner as if those purposes were purposes of the Public Health Act, 1875, and sections one hundred and seventy-live to one hundred and seventy-eight, both inclusive, of that Act (relating to the purchase of lands), shall apply accordingly, and shall for the purposes of this part of this Act extend to London in like manner as if the Commissioners of Sewers and London County Council respectively were a local authority in the said sections mentioned, and a Secretary of State were substituted for the Local Government Board. " (2.) The local authority may, if they think fit, contract for the purchase or lease of any lodging houses for the working classes already, or hereafter to be built and provided. "(3.) The local authority may, if not a rural sanitary authority with the consent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the land is situate, appropriate, for the purposes of this part of this Act, any lodging houses so purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal." By sect. 58 "The trustees of any lodging houses for the working classes for the time being provided in any district by private sub- scriptions or otherwise, may, with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the lodging houses to the local authority of the district, or make over to them the management thereof." By sect. 59 "The local authority may, on any land acquired or appropriated by them, erect any buildings suitable for lodging houses for the working classes, and convert any buildings into lodging houses for the working classes, and may alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respec- tively with all requisite furniture, fittings, and conveniences." By sect. 60 " A local authority may, if not a rural sanitary authority with the consent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the land is situate, sell any land vested in them for the purposes of this part of this Act, and apply the proceeds in or towards the purchase of other land better adapted for those purposes, and may in like manner and with the like consent exchange any land so vested in them for land better adapted to the purposes of this part of this Act, either with or without paying or receiving any money for equality of exchange." By sect. 61 "(1.) The general management, regulation, and control 2i8 London Government Act, 1899. 62 & 63 Vict, of the lodging houses established or acquired by a local authority c. 14. under this part of this Act shall be vested in and exercised by the Sched. II., local authority. Part II., n. "(2.) The local authority may make such reasonable charges for the tenancy or occupation of the lodging houses provided under this part of this Act as they may determine by regulations." By sect. 62 "(1.) The local authority may make bye-laws for the management, use, and regulation of the lodging houses, and it shall be obligatory on the local authority, except in the case of a lodging house which is occupied as a separate dwelling, by such bye- laws to make sufficient provision for the several purposes expressed in the sixth schedule to this Act. " (2.) A printed copy or sufficient abstract of the byedaws relating to the management, use, and regulation of the lodging houses shall be put up and at all times kept in every room therein." By sect. 63 "Any person who, or whose wife or husband, at any time while such person is a tenant or occupier of any such lodging house, or any part of such a lodging house, receives any relief under the Acts relating to the relief of the poor other than relief granted on account only of accident or temporary illness, shall thereupon be disqualified for continuing to be such a tenant or occupier." By sect. 64 " Whenever any lodging houses established for seven years or upwards under the authority of this part of this Act are determined by the local authority to be unnecessary or too expensive to be kept up, the local authority may, if not a rural sanitary authority with the consent of the Local Government Board, and if a rural sanitary authority with the consent of the county council of the county in which the lodging houses are situate, sell the same for the best price that can reasonably be obtained for the same, and the local authority shall convey the same accordingly." By sect. 65 "All expenses incurred by a local authority in the execution of this part of this Act shall be defrayed — (i.) in the case of an authority in the administrative county of London, out of the Dwelling House Improvement Fund under Part I. of this Act ; (ii.) in the case of an urban sanitary authority as part of the general expenses of their execution of the Public Health Acts; and (iii.) in the case of a rural sanitary authority. . . ." By sect. 66 " The London County Council and the Commissioners of Sewers may borrow for the purpose of the execution of this part of this Act, in like manner and subject to the like conditions as they may borrow for the purposes of Part I. of this Act, and a sanitary authority may borrow for the purpose of the execution of this part of this Act in like manner and subject to the like conditions as for the purpose of defraying the above-mentioned general or special expenses." Sect. 67 enables the Public Works Loan Commissioners to lend to railway companies and other companies, and to corporations and private persons, money required for the construction or improve- ment of dwellings for the working classes. Sect. 68 gives power to railway companies and other companies and to corporations to provide dwellings for the accommodation of persons belonging to the labouring classes. The provision in the present schedule enabling the council of a metropolitan borough to exercise the power that the London County Council possess of adopting Part III. of the Housing of the Working Classes Act, 1890, must of course be read as giving them power also to carry out the purposes of that part of the Act where they have Working Class Lodging Houses. 2 1 9 adopted it. Hut as to how tiny arc tu carry out these purposes there 62 & 63 Vict. is much doubt and difficulty, since almost all the sections above quoted c. 14. require modification to tit them to cases in which the council of a Sched. II., metropolitan borough act as local authority, and no such modification is ' >art Km n - made by the present Act. Possibly, however, the necessary modifications might be made by a scheme under the present Act. Note. Bye-laws for Good Rule & Government of Borough, and Suppression of Nuisances.— Sect. 23 of the .Municipal Corporations Act, 1SS2, is as follows: — "(l.) The council may, from time to time, make such bye-laws as to them seem meet lor the good rule and government of the borough, and for prevention and suppression of nuisances not already punishable in a summary manner by virtue of any Act in force throughout the borough, and may thereby appoint such fines, not exceeding in any case five pounds, as they deem necessary for the prevention and suppression of offences against the same. "(2.) Such a bye-law shall not be made unless at least two-thirds of the whole number of the council are present. "(3.) Such a bye-law shall not come into force until the expiration of forty days after a copy thereof has been fixed on the town hall. " (4.) Such a bye-law shall not come into force until the expiration of forty days after a copy thereof, sealed with the corporate seal, has been sent to the Secretary of State ; and if within those forty days the Queen, with the advice of her Privy Council, disallows the bye-law or part thereof, the bye-law or part disallowed shall not come into force ; but it shall be lawful for the Queen, at any time within those forty days, to enlarge the time within which the bye-law shall not come into force, and in that case the bye-law shall not come into force until after the expiration of that enlarged time. ''(5.) Any offence against such a bye-law may be prosecuted summarily. '• (6.) Nothing in this section shall interfere with the operation of section one hundred and eighty-seven of the Public Health Act, 1875 ; and that section shall have effect as if this section were therein referred to, instead of section ninety of the Municipal Corporations Act, 1835 ; but nothing in the Public Health Act, 1875, shall be construed as having restricted the meaning or scope of the Municipal Corporations Act, 1835, or as restricting the meaning or scope of this section, with respect to prevention or suppression of nuisances." Sect. 16 of the Local Government Act, 1888, by which this section is extended to county councils, is as follows : — " (1.) A county council shall have the same power of making bye- laws in relation to their county, or to any specified part or parts thereof, as the council of a borough have of making bye-laws in relation to their borough under section 23 of the Municipal Corpora- tions Act, 1882, and section 187 of the Public Health Act, 1875, shall apply to such bye-laws. " (2.) Provided that bye-laws made under the powers of this section shall not be of any force or effect within any borough." ' Sect. 187 of the Public Health Act, 1875, which is referred to both in sect. 23 of the Act of 1882, and in sect. 16 of the Act of 1888, (l) Sub-section (2) has, of course, no application to London, since a metropolitan borough is not a "borough" within the meaning of the Act of 1888 ; see sect. 31 (1) of the London (luvernment Act. 220 London Government Act, 1899. 62 & 63 Vict, provides, as altered in accordance with sect. 23 (6) of the Act of 1 83 2, c. 14. by substituting a reference to that section for a reference to sect. 90 of Sched. II , the Municipal Corporations Act, 1835, as follows: — Part II., n. " Bye-laws made by the council of any borough under the pro- visions of [sect. 23 of the Municipal Corporations Act, 1882] for the prevention and suppression of certain nuisances, shall not be required to be sent to a Secretary of State, nor shall they be subject to the disallowance in that section mentioned ; but all the provisions of this Act relating to bye-laws shall apply to the bye-laws so made as if they were made under this Act." The bye-laws that may be made under these enactments fall into two categories, firstly, bye-laws for the good rule and government of the area, and, secondly, bye-laws for the suppression of nuisances. In practice bye-laws of the former class made by a county council are made in accordance with sub-sects. (2)-(4) of sect. 23 of the Municipal Corporations Act, 1882, and are not formally confirmed by any government department, though of course, having regard to sub-sect. (4) of that section they are practically sanctioned by the Home Office. It is, however, no doubt arguable that the provision in sect. 16 of the Local Government Act, 1888, that sect. 187 of the Public Health Act, 1875, shall apply to bye-laws made under it, renders the provisions of the Act of 1875 applicable to such bye-laws and, inter alia, necessitates their confirmation by the Local Government Board. In Kruse v. Johnson, infra, Lord Russell of Killowen, C.J. used language which appears to show that he considered that both the provisions of sub-sects. (2)^4) of sect. 23 of the Act of 1882, and the provisions of the Public Health Act, 1875, apply to suc h bye-laws; so that they both require confirmation by the Local Government Board and are subject to disallowance by Order in Council on the advice of a Secretary of State. The point was, however, not before the Court, and it is submitted that this interpretation of the legislation cannot be correct. As a matter of fact, moreover, the bye-law in question in Kruse v. Johnson, a conviction under which was there sustained, had not been confirmed by the Local Government Board. In Strickland v. Hayes, post. p. 222. on the other hand, according to some of the reports, Lindley, L. J. expressed the opinion that bye-laws of the kind do not require the sanction of the Local Government Board, thus approving the view that has been adopted in practice. It is well settled law that, in order to be binding, a bye-law, unless made under a statute so worded as to prevent the validity of the bye-law from being open to question in a court of law, must be " reasonable." And numerous cases as to the reasonableness of bye-laws made by councils of municipal boroughs and county councils under the enactments in question, or the earlier enactments replaced by sect. 23 of the Act of 1882, for the good rule and government of the borough or county have been before the Court. The earlier decisions were, however, really quite irreconcilable with each other, and in order to have an authoritative decision with reference to bye-laws of the kind, a special court of seven judges was convened to consider a case {Kruse v. Johnson [1898] 2 Q. B. 91 ; 67 L. J. Q^B. 782; 78 L. T. 647; 46 W. R. 630; 62 J. P. 469), in which the question was as to the validity of a bye-law made by the County Council of Kent in the following terms : — " No person shall sound or play upon any musical or noisy instrument or sing in any public place or highway within fifty yards of any dwelling-house after being required by any constable, or by an inmate of such house personally, Bye-law s. 221 or by his or her servant, to desist." By a majority of the Court, 62 .v 03 Vict. Mathew J. dissenting, it was held that the bye-law was good, and c. 14. Lord Russell of Killowen, C.J., in whose judgment Chitty L.J. and Sched. II., Wright, Darling and Channell, JJ., concurred, after discussing the Part II., n. enactments under which the bye-law was made and the safeguards imposed by those enactments, said :— " When the Court is called upon to consider the bye-laws of public representative bodies clothed with the ample authority which 1 have described, and exercising that authority accompanied by the checks and safeguards which have been mentioned, I think the consideration of such bye-laws ought to be approached from a different standpoint. They ought to be supported if possible. They ought to be, as has been said, ' benevolently ' interpreted, and credit ought to be given to those who have to administer them that they will be reasonably administered. This involves the introduction of no new canon of construction. But, further, looking to the character of the body legislating under the delegated authority of Parliament, to the subject-matter of such legislation, and to the nature and extent of the authority given to deal with matters which concern them, and in the manner which to them shall seem meet, I think courts of justice ought to be slow to condemn as invalid any bye-law so made under such conditions, on the ground of supposed unreasonableness. ... 1 do not mean to si} that there may not be cases in which it would be the duty of the Court to condemn bye-laws, made under such authority as these were made, as invalid because unreasonable. Hut unreasonable in what sense : If. for instance, they were found to be partial and unequal in their operation as between different classes; if they were manifestly unjust : if they disclosed bad faith ; if they involved such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men, the Court might well say, ' Parliament never intended to give authority to make such rules: they are unreasonable and ultra vires' But it is in this sense, and in this sense only, as I conceive, that the question of unreasonableness can properly be regarded. A bye-law is not unreasonable merely because particular judges may think that it goes farther than is prudent or necessary or convenient, or because it is not accompanied by a qualifi- cation or an exception which some judges may think ought to be there." Though the authority of the earlier cases has been almost entirely abrogated by the decision in Kruse v. Johnson, it may be convenient to summarise them verv shortlv. In Ekuuood v. Bullock (J844) 6Q.B. 383 ; 13 L. J. Q. B. 350: 8 Jur. 1044, a bye-law providing that no person should erect any booth, or place any caravan for the purpose of any show or entertainment, in any public place within a borough, without the licence of the mayor. and that any such licence given at any other time than fair time should be revoked by the mayor, if three inhabitant householders residing within one hundred yards of the place for which it was granted should memorialise the mayor to revoke it, was held to be bad. In Everett v. Grapes (.1861) 3 L. T. 669, a bye-law prohibiting the keeping of swine within a borough was held to be bad. In Reg. v. Powell (1884^) 51 L. T. 92; 48 J. P. 74°, a bye-law prohibiting a person from playing upon a musical instrument or making any noise in any street or near any house, after having been required by any householder resident in such street or house, or by any police constable to desist, either on account of any illness of any inmate ot such house, or for any reasonable cause, was held to be good. 222 London Government Act, 1899. 62 & 63 Vict. I» Johnson v. Croydon Corporation (1886) 16 Q^ B. D. 70S; c. 14. 55 L. J. M. G. 1 17 ; 54 L- T. 295 ; 50 J. P. 4S7, a bye-law providing Sched. II., that "no person not being a member of Her Majesty's Army or Part II., n. Auxiliary Forces, acting under the orders of his commanding officer, shall sound or play upon any musical instrument in any of the streets in the borough on Sunday," was held bad. In Macdonaldv. Lochrane (1887) 51 J. P. 629, a bye-law imposing penalties on parents for permitting children to sell articles in the streets of a borough after a certain hour in the evening was held to be bad. In Munro v. Watson (1887) 57 L. T. 366 ; 51 J. P. 660, a bye-law imposing a penalty on any person who should in any street sound or play upon any musical or noisy instrument, or should sing, recite, or preach in any street without a licence in writing from the mayor, was held to be bad. In Strickland v. Hayes [1896] 1 C\ B. 290: 65 L. J. M. C. 55 ; 34 L. T. 137 ; 44 W. R. 398 ; 60 J. P. 164, a bye-law providing that no person should " in any street or public place, or on land adjacent thereto, sing or recite any profane or obscene song or ballad, or use any profane or obscene language," was held to be bad. In Walker v. Stretton (1896) 44 W. R. 525 ; 60 J. P. 313, a bye- ' law requiring any person driving or having charge of a vehicle, with certain exceptions, to carry attached to the vehicle a lighted lamp, during the period from one hour after sunset to 2 a.m., except between the rising and setting of the moon, was held to be good. And a somewhat similar bye-law was upheld in Williams v. Groves (1896) 12 Times L. R. 450. In Burnett v. Berry [1896] 1 Q^ B. 641; 65 L. J. M. C. 118; 74 L. T. 494; 44 W. R. 512 ; 60 J. P. 375, a bye-law imposing a penalty on " any person who shall frequent and use any street or other public place within the borough of W. for the purpose of bookmaking or betting or wagering, or agreeing to bet or wager, with any person," was held good. And very similar bye-laws were upheld in Godwin v. Walker (1896) 60 J. P. 3o8n., and Jonesv. Walters (1898) 78 L.T. 167 ; 62 J. P. 374- In 7eale v. Harris [1896] 60 J. P. 744, a bye-law in the following terms: — "No person shall, to the annoyance or disturbance of residents or passengers, keep or manage a shooting gallery, swing- boat, roundabout, or other like thing, in any street or public place, or on land adjoining or near to such street or public place, provided that this bye-law shall not apply to any fair lawfully held"— was held good. In Mantle v. Jordan [1897] 1 CK B. 248; 66 L. J. Q^ B. 224; 75 L. T. 552; 61 J. P. 119, a bye-law providing that no person should " in any house, building, garden, land, or other place, abutting on, or near to, a street or public place, make use of any violent, abusive, profane, indecent, or obscene language, gesture, or conduct, to the annoyance of any person in such street or public place," was held good. The power to make bye-laws for the suppression of nuisances under the enactments under consideration is now very rarely exercised ; the stringency of the modern statute law with reference to nuisances practically removing the necessity for such bye-laws. The provisions of the Public Health Act, 1875, applicable to such bye-laws are contained in sects. 182-187 of that Act. The bye-laws that the council of a borough will have power to make under the enactments in question are not to be " inconsistent with any bye-laws made by the county council." B) -laws. 223 There is, however, no corresponding provision prohibiting the 02 & 63 Vic county council from making a bye-law inconsistent with a bye-law c. 14. previously made by a borough council, nor any provision enabling a SchecL II. county council to abrogate a bye-law made by a borough council Part II., r where they, the county council, desire to make a bye-law inconsistent with it. The absence of some provision of the kind may not im- probably lead to difficulties. The bye-laws made by the London County Council under the enactments in question and at present in force are as follows: — 1. — " (a) No person shall in any street or on any land adjoining or near thereto, use or play, or cause to be used or played, any steam organ or other musical instrument worked by mechanical means to the annoyance or disturbance of residents or passengers. "(b) No person shall in any street or on any land adjoining or near thereto, keep or manage, or cause to be kept or managed, a shooting gallery, swing boat, roundabout, or any other construction of a like character, so as to cause obstruction or danger to the traffic of am such street. 2. — " No person shall keep within any house, building or premises, any noisy animal which shall be or cause a serious nuisance to residents in the neighbourhood. Provided that no proceedings shall be taken against any person for an offence against this bye-law until after the expiration of a fortnight from the date of the service on such person of a notice alleging a nuisance, signed by not less than three householders residing within hearing of the animal. 3. — " Every carriage, cart, waggon, or other vehicle which shall be driven or be upon any highway during the period between one hour after sunset and one hour before sunrise, shall be provided with a lamp or lamps which shall be so constructed and placed (such lamp or one of such lamps being on the right or off side of the carriage, cart, waggon, or other vehicle), as to exhibit a white light in the direction in which the vehicle proceeds, and shall be so lighted and kept lighted as to afford adequate means of signalling the approach or position of the vehicle. "This bye-law shall not apply to any carriage which is required to carry lights by any statutory enactment, or by any rule, regulation or order made under any statutory enactment, and for the time being in force. • 4. — " No person shall frequent and use any street or other public place on behalf, either of himself or of any other person, for the purpose of bookmaking or betting, or wagering, or agreeing to bet or wager with any person, or paying, or receiving, or settling bets. 5. — " Any person who shall offend against any of the foregoing bye-laws shall be liable for every such offence to a fine not exceeding forty shillings, except in the case of the bye-law relating to street betting, the fine for the breach of which shall be an amount not exceeding £ 5." 224 London Government Act, 1899. 62 & 63 Vict. c 14. Sched. III. THIRD SCHEDULE. Section 35 (2). Enactments Eepealed. Session and Chapter. 6 & 7 Vict. c. 18. Sbort Title. 18 & 19 Vict. 120. The Parliament- ary Voters ( Registration) Act, 1843. The Metropolis Mana gement Act, 1855. Extent of Repeal. In section fifty-six, the words " or to the town clerk of the borough of Southwark " and the words " and in regard to the borough of Southwark the high bailiff of the said borough." Sections two and three. Section five. Section seven. Section eight, from the begin- ning to " shall be elected and," and the words " with such other persons as herein- before mentioned." Sections eleven and twelve. Section twenty-eight to "every such meeting." Section twenty-nine. Sections thirty-one to forty- two. Sections fifty-five and fifty-six. Sections fifty-seven, fifty-eight, sixty, sixty-one and sixty- six, so far as they relate to district boards and their districts, and section fifty- eight, from " Provided al- ways" to the end of the section. Section ninety-one, from " save- as regards" to "any of the said Acts ; and." Section one hundred and fifty- four, from "may sell and dispose of any land" to "just; and any such board or vestry," except in so far as it applies to the Metro- politan Board of Works. Enactments Repealed. 22 5 Session and < :hapter. 18 & 19 Vict. 120— cont. The Metropolis Management Act, 1855 — cont. 25 & 26 Vict. c. 102. The Metropolis ManagemeD t Amendment Act, 18G2. Extent of Repeal. 62 & 63 Vict. c. 14. Sched. HI. Section one hundred and fifty- eight, from " but every such vestry." Sections one hundred and sixty- one to one hundred and sixty-five Sections 1 >ne hundred and sixty- six to one hundred and sixty-nine. Sections one hundred and seventy-two to one hundred and seventy-four. Sections one hundred and seventy -five to one hundred and seventy-nine. Sections one hundred and ninety-two to one hundred and ninety-seven. In section one hundred and ninety-eight, the words "the said account in abstract" to " printed therewith," and the words " account in abstract, statement, and " wherever they occur. In section one hundred and ninety-nine, the words " ac- cording to the provisions of this Act." Section two hundred and thirty - seven, from " nor shall such parts " to " cleans- ing." Section twi 1 hundred and thirty- eight. In section eight, the words " and the precepts for ob- taining payment of moneys required by the board for that purpose." Sections nine to twelve. Section fourteen. Section fifteen, so far as it relates to vestries and dis- trict boards. Section sixteen. Section thirty-seven, so far as it relates to district boards. Section thirty-eight. Section forty. Section forty-one. K 226 London Government Act, 1899. 62 & 63 Vict. c 14. Sched. III. Session and Chapter. 25 & 26 Vict. 102— cont. 48 & 49 Vict. c. 23. 54 & 55 Vict. c. 76. 55 & 56 Vict. 53. 56 & 57 Vict. c. 73. Short Title. The Metropolis Management Amendment Act, 1862 — cont. The Redistribu- tion of Seats Act, 1885. The Public Health (Lon- don) Act, 1891. The Public Li- braries Act, 1892. The Local Go- vernment Act, 1894. Extent of Repeal. In section fifty-six, the words "out of the sewers rate to be levied in their parish or district." In section eighty-four, the words " with the previous sanction of the Metropolitan Board of Works" and the words " allowed by the Metropolitan Board." The forms of precept in Schedule C. In section twelve the words " and also the town clerk for the new borough within the meaning of the Registra- tion Acts." Sections one hundred and two one hundred and forty, and the Second Schedule. Section twenty-two. In section thirty-one, the words " the local board of Wool- wich and"; the words "and the auditors for parishes elected under those Acts, and so far as respects the qualification of persons to be elected as if members of the district boards under the said Acts," and the words " and no person shall ex officio be chairman of any of the said vestries " ; and sub-section (2). At the end of section forty-six, the words " and in the case of London auditors as i they were members district council." In section forty-eight, section (4), the words of members of the board of Woolwich"; of a sub- "and local and Enactments Repealed. 227 Session and Chapter. 56 & 57 Vict. c. 73 — rout. 56 & 57 Vict. c. cexxi. 58 & 59 Vict. c. exxvii. Short J itle. The Local Go- vernment Act, 1894— cont. The Loudon ( lounty Coun- cil (General Powers) Act, 1893. The London County Coun- cil (General Powers) Act, 1895. Extent of Repeal. 62 & 63 Vict. c. 14. Sched. III. in sub-section (5), the words "local board or" and "or auditor." Section fifteen. Section forty-twu. Q 2 APPENDIX. TABLE OF AREAS. The following Table of Areas is taken from a return laid by the London County Council before the Commissioners appointed in 1893 to inquire into the conditions upon which the amalga- mation of the City and County of London can be effected. The return is not dated, but appears to have been made in 1894. Some changes of area that have been made since the return are referred to in the notes to the Table. It is possible that there have been other changes of area since that date, of which the writer is unaware. The first column of the Table shows the parishes in London. The second column shows the poor law unions. The letters P and U show whether the poor law union is a single parish under a separate board of guardians or a union of two or more parishes. The third column shows the local government areas that is, the areas under the administrative vestries and district boards and co-ordinate authorities. The letters A, B and C in this column refer to the schedules to the Metropolis Management Act, 1855, as amended. The notes show the Acts by which these schedules have been amended. The fourth column shows the Parliamentary divisions of the several Parliamentary boroughs in London. Each of the divisions (except the City of London, which returns two members) returns one member of Parliament. The Parlia- mentary divisions also serve as electoral divisions of the administrative county of London for the purpose of the election of members of the London County Council, each division (except the City, which returns four) returning two county councillors. The last column shows the Parliamentary boroughs. The different areas are arranged so that the parishes constituting each of the areas appear opposite that area, and the horizontal lines show where areas are coterminous, and, where they are not coterminous, to some extent the respects in which they differ. The dotted horizontal lines are merely inserted to guide the eye. An alphabetical index to the various areas is prefixed to the Table. Table qf Artas. INDEX TO TABLE. 229 Aldgate . . Batteraea . I'" nnondsey . Bethnal Green 1*"W Brixton Bromley . Uamberwell . < liarlton . < liarterhouse . Chelsea . < 'hristchurch, South wark Spitalfields City of London . < !lapham . < !lerkenwell . D-ptford, St. XiclioJ St. Paul Duhsioh . Klthnin Finabury . Fulhaui . . FuroivaTs Inn (iliiHshouse Yard Oray's Iiin Greenwich Hackney . Hagger»ton . Hammersmith Hanipstead Holborn . Horeelydown . H ox ton Inner Temple Islington . K-nnington . Kensington . Kidbrooke Lambeth . Lewisham Liuitl louse Lincoln's luu. Marylebone . Middle Temple Mile End, New T Old Town Minoriea . Newington Norton Folgate \<|\\u«id . Old Artillery Ground Reference No. of Pariah. 4(1 57 67 3 35 34 11 78 55 1 65 42 83 58 56 81 82 75 14 49 53 47 80 12 15 83 7 79 10 74 73 32 40 4 83 36 27 43 63 39 38 Reference \... ..1 Union. II i 30 13 29 12 2 23 7 5 io 27 17 Reference Nu. ol Local Govern- ment Area. 30 35 3 11 43 29 U 42 12 15 2 27 10 39 38 23 21 32 l.'i 1. rem e .\". ,,t I'arlia- mentarv Division. 40 52 3,4 41 23 41 25 58 47 57 27 44^45 31 56 28-30 16 32 2 43 15 11-14 22 7,8 21 54 39 5,0 36 49 •ii Reference No. of Parlia- mentary Borough. 20 3 II 1 28 27 19 13 26 12 14 5 io 24 22 23° ■Appendix. Index to Table — continued. Reference No. of Parish. Reference No. of Poor Law Reference No. of Local Govern- Reference No. of Parlia- mentary Reference No. of Parlia- mentary Union. Division. Borough. Old Tower W thout . 37 # . Padding ton 6 6 6 9,'io 6 26 72 .. Plumstead 77 41 33 20 24 40 59 .. .. .. Ratcliff . 31 .. Rolls . . 25 .. Rotherhithe 48 36 53 Saffron Hill , 51 mm St. Andrew, Holborn 50 St. Anne, Westminster 20 St. Botolph, Aldersgate 33 „ Aldgate 40 .. St. Clement Danes . 24 St. George-in-the East 28 18 22 38 St. George, Hanove r l 16 14 16 33 15 St. George, Soutliwark 66 34 .. St. Giles and St. George 45 22 26 St. James, Westminster 19 18 .. St. Katherine 41 , . .. St. Luke .... 54 28 .. .. St. Margaret and St. Joh n 17 .. 17 .. .. St. Martin-in-the-Fields 26 20 .. .. St. Marylebone . 4 '4 4 5,6 4 St. Mary-le-Strand . 23 St. Olave .... 69 26 37 St. Pancras . 9 9 9 17-20 *9 St. Paul, Covent Gardei i 21 St. Peter, Westminster 18 St. Saviour, Southwark 64 25 33 St. Sepuicnre . 52 St. Thomas . 70 .. .. Savoy . 22 Shadwell . . 30 Shoreditch 8 *8 's *8 Southwark 51 23 Staple Inn 48 Stepney .. 19 37 Stoke Newington 13 13 Strand . 16 19 35 17 Streatham 60 .. .. Tooting . 61 Tower Hamlets 12 Walworth . 50 Wandsworth . 62 24 31 48 2i Wapping . 29 .. Westminster . 15 34 16 Whitechapel . 44 21 25 42 Woolwich . 76 28 40 55 1 2^ Table of Arsa* 231 m — S) 3 O £ i- a ej 9 a, - 09 3 3 | 2 3 b' bp - CD a -3 p '35 -3 _3 -3 55 S pq 9 3 -3 ■S3 a (E| S ^2 el ■" c*i 00 -*' ■d *- i . 3 09 3 3 a 3' 3 3 _£ : O O "j a +-> > 5 b a s OS CD 3 O O S 31 a. 5 03 a M CD S3 W . -w CD pq a> ^ a .3 « :2 C 5 CD ">» s oa 33 O CO S bo g '3 CD bd £| O "6 '33 w 3 O m "5) -5 1 PU 1 bo "O 13 ci PL. -3 3 O 72 — ri co * lO O t^ 00 as ©' i-h 1 < ^-N 3 9 2 ^ 1 a < 5 9 3 O a O > 03 9 X e3 -f ES) to s IS 3 O "3 a J3 CD >> h OS -a ci Pm I O a a UA "" oi CO <* Ki •0" 2-i ^ 3 2 PL CD PM Ph 2* 5 -3 C 3 ~ 2-' eS O q 5= o3 3 qg "3 3 _5 bo be | M ">» ■5 >a 5 X 9 S CD 3 — ~ ' ci co° ■**« '-' «) *j >> t 03 l-i OS 2 s 3 » O ■Jj ^ ■"3 J3 3 OQ CD O 3 ai _^ I S 3D U jj 3 ■ O ^ _3 of 9 73 "3 1 ? I c 3 .2 -a bo 3 "3 5 "3 ^ pq x ,3 ■3 3 Oh 1 -• oj w -r CO 232 Appendix. £1 to P o o m >> $ a Cv £ .2 a o ■♦a to a ■A 1— 1 "3 CO o 53 GO c CO eS Ph 02 C35 ♦ co a d 03 a a* i 60 CO O d c to _a go 1— 1 CO O bu _a GO h- 1 00 03 w CO B O To _a GO "3 o m o M o w a o GO M co bo 60 03 a GO a o a 03 Ph ce S GO CO S-c o s Ph 02 -*» GO 03 GO 00 CO o a 03 Ph m GO co CI GO CO t-t a a 03 Ph 02 3 o 02 o J3 CO a 03 o CM a' so a a CO W (M CN a o Ph eo CM 13 O O o CN > o o 3 a o "So a go I— I -a o CO M o 55 CO < ^-/ 03 hi o a 03 Ph d © a 03 d 'S & o o Ph s to _a CO 1 CO o CO Ph' 03 3 Ph d Ph ^s CO -O a CO d 1 >- 33 «=% 35 a*" _o "So _a i— i £ o © 3d o CO m c m co GO 03 Ph OQ 03 02 CO J 'J able of Areas. 233 "3 * v. a a 8? a Jrt a ci efl X E a c 2 15. St. George, Hanover Square, Et Jo B cS — »c CM a s Pm -.0 CM O Jj Q CM O s M cc 00 CM Q O Ci CM P CS txj "A es CO "5 co a eo O a a d K CM co s > p ej cT be j> »- t. s a e& & cc CO eo 11. Camberwell (A). IB 5 ee 00 — cc 00 c < : >> a cS X CM 2 J to X a 03 a m 3 a a ee pq m" s c 1 II 5=° 11. Camberwell P. ►J >» s c 5 "= co • V to 00 "*"" 11 a; is QD«S CO i> CO an ,25 a I— $ at ffl "a C9 M eo a a & s CM I U a > CC CO S a CO hi a a eS w X CC w 2 B - 5 = £ r's £ 9 -~ £ fe l _ £. 0) - .i .= s C — - c — 3 J= Si i r. as 'J Si cc ~Z « ■r > - x J - — f. > -" = H — '•0 - -- ~ r. a B - £-^- r a B •- ; - at ■ - = ~ ' — = -.--- "5 'T — " : £ gsliji ^F m i~ 234 Appendix. Jl tfi 1 3 1 2 b C3 a V CM ti S> a> a 'J 33 U to H a s 1—1 43 Se 03 . Oh 2 4) 03 -3 a h BB o S u • 33 1—4 °0 > 5 >> b 33 B a .2 OS Pi (1 o> -u 33 a -** ee a c3 - 02 id 0, c 03 s to' cc 0) a — 03 02 00 < c a a o O 1 o ►5 1| -3 5 Cj 05 So "| 02 CO 33 Q 2 g 02 OS 1—1 & 43 _a a ^ h1 03 w "03 02 © a & o o a a o a U s£ 33 a a 33 03 id • a • S3 of so 1—1 c Q -c 9 W ^P- l> .a o ►-» OQ -d a o3 fn aj 33 a -a bC a S "S 02 M IS as Ph cc =3 o O 00 M 03 33 a 1 03 m a 63 I-; 02 OS o o 02 of a O o c3 Ph 02 o '3 03 Ut Ph > 03 02 eci H3 02 03 c3 02 CC ■M 09 03 a a a 03 a 03 o 02 -f >> 0) 43 KH 33 "c Ph ifl 2 03 £h 03 e] a 03 a 02 C>J o a « Hi a £ TabU of Areas. 235 bO O 03 00 CO a OS ea 2 "5. >* O a » D aa IV so 8 it £ S "Z ■- — p| N I a w to oi 'E P O OP s OJ 33 X P — : "5. 3. 04 25. Whiterhapel District (B). {see further over the page.) i a bo . -. 9 a : a. __ h, aa -r >> a a! 1 g 3 1 i c ^* r- h, | 3 a =-. hi 5 X be "3 s IS a ■ - d I: s3 4 a s 3 1 ^-^ ■- s >- = r . 3 - < & a s - - ^ - "- s .-- f £1 .". >, : Oi _ i X r 3 T > 3 H — Q> H a C S 3 — a J -. 5 3 ^. 9 £ B „ ft (-• ti % -■: D - 3 236 Appendix. ■ 1 Qj 1 1 OS 1 J3 tfl 99 E! O a O 3 33 >> Hi >. s 5 U-i B a .5 ,-N So 3 c cn C5 33 *— ' .£ 1 a 1 > t5 O "3 a. d £> CO ►J -3 s CD O 1 00 A -3 S CN a to T" f 1 /A ^ 1. M - s-/ •< M 3 O O O O _C H3 a "as 3 a 00 5 OS [3 3 15 3 "a 2 00 5 03 a a ~. Cm O E > "3 CD .3 — 33 Ph eg O r> >>fi a t-H 3 02 N CO a. e3 03 3. 03 03 a. 03 E o3 •*s iJ CO CN M H CN 1 _ K - A 1 t9 m T3 ■ a . a OS "3 09 ■ CD CD P-i S -3 S n ™ a a a-= .3 9 s -2 '3 ; CD 'a 'a *» 8 •3 "3 ^O P & Em £ S 5 a a K *— 1 • CN a a eo -a a. 2 S O to „ 33 •S a 3q a ■s CD 3 43 O 3* QQ .a >h a 1— 1 a O □Q 03 (2 ■♦a 3d O GO .2 a la tH CD is CD a, o3 ,3 '.OS 02 3! a 3 a )— i m 03 5 a t-H m 'a a H 02 ph cn CO ■* - T~ 50 r^ od 05 Tti ■*! -f ■<* H 1 ?- '-ri ■*< -* -f "* m Table oj Areas, 237 w J 3 O a 5, 3-3 — a 3 qS £.2? w a „ 3 a jai? ■f2 'O u 03 pq u ~ \z \< « :. _S ' — J 3 £j . eS iff J ac X -' CM '"" ' •'' -3 cs .22 o, M -a ■3 I = 23 j 5 $ 1* s 03 *tj © 03 3 5 a 3 -P = C S i *J3 O S ~ - "3 e! . 2 |5g 3 i 3 = : = B : - £ III _« z ~ V .5 o 8*3 = S3 c S - 2"E || 8 5 8 s s r 5 3 — 2 - .- — I z aa s|r| a =: - e — . 5 •- — _ oj aa a g> * - 1 ? : ?•= 3 S = 3 = n:Sa eg 3 c J 3 gk" 5 - 3 » « a -a <• - > - a -3 > o -e - r £ - - £ a ' ; p 3 g3a i ~ ■* > £ ^ Is i a 1 S.3 a S I — • * Ha « a, = «■ «,' a: —b . = 331^ gap ~ c i£ = 3 "«» ^ t: - v — >c - = 5 - Z la Z &f J * * a 3 » 38 if! 083* ■ * " S — Js -2 2 238 Appendix. |S CO I a w ■gPQ 12 pq PS 43 CO 43 1) 43 O o Ph oq pq §1 00 — a ee :o Ph e-> CO c o > OS ft a c 05 6JD 43 # g 03 o g © OQ H O _■ «c ^ *< 03 * O w J H o P 3 4a 03 W 00 _^i 43 QQ u »* «i <£ cc 3 C5 4*i >> t. e8 43 ^J d 02 GO cS 43 o H O ^J ^j (4 ttl Taole of Areas. ■39 < — a .a © "£:K C 1 ** Si © o © U - - S — 0/ - J '. >t ^ JS ' = ■- 3 a - :■ o - - Ti || ■r be * a - >. O V •CM 3"B " — d i I s j a • g s «j o I S."C „ s - - " - ~ ■5 - i *• S = 2 S = : £ 5 ° | * | *> c - - — ~ - - f - K „ 3 i s ^ § ^ g S as— ►. O ~ ; ~± "■a a s - :■ -r - n a a !40 Appendix. a ~~~ 3<3 S 5' o o o 'MS b ch>h ^' H ^ z^d-e ££ : ■g 5 g c o^ £«° o a l. o 5 " oj - — S J * S £ Up I ja .a -a " S -. '- s s INDEX. A. ABOLITION of Authorities under adoptive Acts, of District boards, 7 1 of Elective vestries, 71 of Office of existing officer, 1 77 ABSENCE from Meetings, vacation of office for, 27, 33, 34 ; in case of alderman or mayor, 17 ABSTRACT OF ACCOUNTS Clerk of local authority to publish, after audit, 131 of Treasurer of municipal borough, 128 — Application of provisions concerning, to accounts of treasurer of county council, 127; whether .applied to accounts of treasurer of metropolitan borough, doubtful, 128 — Inspection of, 12'.» ACCEPTANCE of office, 36,39,41 ; in case of mayor or alderman, 11- If, ACCOUNTABILITY of officers, under Metropolis Management Acts, 180 ACCOUNTS of Borough council, 126-136 — Application to, of enactments relating to accounts of London County Council, I2 Re-eligibility of, 8, 9 Resignation of, 16 Term of office of, 16; in case of firs! aldermen, 170 Vacation of office by, for absent ALIEN, disqualification of, for office, 26 ALIENATION of Land, by borough council,92; saving for recre grounds and op a Bpaces, APPEAL tu Court of Appeal— from Decision of court on appeal from Charity Commissioners, 165; none from summary decision as (0 transfer under London Government Art, 171; to High Court— against Auditor's decision, by certiorari, 130, 1:;:;, 134 — from Charity commissioners, 163, 165, 167 to Local Government Board— against Auditor's decision, 180, 131, Kit, 135— as to Contribution by London County Council to borough council, K18 — Costs of, 173 — from London County Council as to sanction to loan, 71 to Treasury, as to compensation of existing officer, 190 APPOINTED DAY, 193, I'M APPOINTMENT of Assessment committee, 124, 125 of Commissioners, for purposes of London Government Act, 136, 137 of Officers — by Borough council, 177, 178; to assist in transaction of business of overseers, 122 — to Collect rates for church purposes, 157 — ste also Officers APPORTIONMENT of Endowment of charity partly ecclesiastical, 162, 165 of Expenses— of Administrative vestry, between parts of the parisli, 117, IIS — of Borough Council, between parishes, 114, Hi! — of District boards, between parishes and parts of parishes, 117, 118 — of Joint committee, 1 11 of Property, &c, in case of Penge, 156 APPROVAL of Acts of committee, 109, 1 10 by Local Government Board: sec Local Government Bonr>l, sanction ARBITRATORS Local Government Board empowered to determine questions as, 173; procedure in such case, 17:5-1 7o - AREA of Administrative county of London, I for which Burial Board may be establish d, 7- - of City of London, 2-4 of County of London, 2 ; alteration of thai area, 154 for Exercise of powers of borough council, 85 of Metropolitan borough, how settled, I R 2 244 Index. AREA — cont inued. of Parish, alteration of — bv Order in Council, 153, 154 — by Scheme, 139, 141, 142 of Parliamentary borough or county, saving for, 192 Table of areas in London, 228-240 see also Boundaries. ASSESSMENT COMMITTEE Appointment of, by borough council — where Guardians liave appointed committee, 124, 125 — where Vestry have appointed committee, 125 Expenses of, 125 Town clerk to be clerk of, in certain cases, 124 ASSISTANT OVERSEER Appointment of, 184, 185 ; appointment after apjxiinted day apparently not intended, 186" Deduction from salary of, towards superannuation allowances, in certain cases, 187 Existing, transferred to borough council, 177, 187 Security to be given by, 186 Superannuation allowance to, where appointed by guardians, 187 AUDIT OE ACCOUNTS, 126-136 Appeal against auditor's decision — to High Court, 130, 133, 134 — to Local Government Board, 130, 131, 134, 135 Application of enactments concerning, to accounts of borough councils, 120 Deposit of accounts for inspection prior to, 129, 130 Disallowance of unauthorized expenditure, 130 District Auditors Act, 131-133 — Appointment and remuneration of district auditors, 131 — powers of Local Government Board, 132 — ■ Preparation and stamping of financial statement, 131, 132 — Scale of stamp duties, 133 Expenditure sanctioned by Local Government Board not to be disallowed, 127 Notice of audit, 129; proof of notice, 129, 136 Payment and recovery of sums certified by auditor to be due, 131, 135, 136 Proceedings at audit, 130 Saving for audit of accounts of receipts and expenditure before appointed day, 194 Summary of provisions as to, 126, 127 AUDITORS District, see Audit. in London — Continuance of, in office, 171 — Further elections of, not to be held, 171 — Vestrymen, &c, Election Order applicable to, 37 B. BALLOT Act, application of, to metropolitan elections, 36, 39, 40, 41 Boxes, loan of for purposes of election, 37 BANDS of Music, payment for, for election purposes, prohibited, 56 BANKRUPT, disqualification of, for office, 9, 26, 29 BANNERS, payment for, for election purposes prohibited, 56 BATHS AND WASHHOUSES ACTS, 76, 77 Superannuation of officers under, 181 and see Adoptive Acts. Index. 2 45 BILL IN PARLIAMENT for Confirmation— of Provisional order, 171, 172— of Scheme, 152 Promotion of, or opposition t . by borough council, 93, 94, 96-108; and see Borough Funds Act. BOARD Burial board. Bee Adoptivt Acta. of Commissioners, under Baths and Washhouses Acts and Public Libraries Acts, bi • Adoptivt Ads. District board, Bee District Board. of Guardians. Bee Guardians. Local Government Board, Bee Local Government 7.%/ r ami rate payers, 94 : how obtained, 96 Mi"; and see Owners and ratepayers; Poll — Employment of member of governing body as counsel or agent prohibited, 93 — Promotion of bill for objects obtainable by provisional order not authorized, 94 — Resolutions of governing body, !»3 Saving for other powers of taking Legal or parliamentary proceed- ings, '.'1 BORROWING Appeal as to sanction of, to Local Government Board, 71 Application of proci eds of sale of land to discharge of loan, 92 for Costs of provisional orders, I7'2 Delegation of powers as to — to Committee prohibited, 109 — to Joint committee, prohibited. 1 I I for Expenses under Railway ami Canal Traffic Act. 213 under Housing of Working Classes Act. Tart 111., 218 Powers of administrative vestries and -t boards, 7-"'. 7''. BOUNDARIES of Administrative county of London, 1 of City of London. 2 I of County of London, 2 ; alteration of, 154 of Electoral divisions for school board purposes, 117; alteration of such boundaries, 139 of Metropolitan boroughs, I, 198; every part of London outside ( ity to be included in. 153 of Parliamentary borough or county, saving for. 192 of Parish — Alteration of, by Order in Council, 153, 154; by scheme, l :!'.'. 1 11. 142 — Intersection of by borough boundarii a prohibited, 153 — every Part of I iondou outside I ity to bo included in. I ."■:; of Wards — for Borough elections, ."> ; alteration of, 169— for Guardians elections, 6 — for Vestry elections, <'■ BRIBERY a Corrupt practice. 16 Definition and Meaning of, 19-53 246 Index. BRIDGE, maintenance of road over, 89 BUILDINGS in Churchyards — Transfer of, to borough councils, 159 — Use of, for church purposes, 159 Demolition of, in case of conviction for breach of London Building Act, 207-209 BURGESSES OF WESTMINSTER, Court of, their powers and duties may be dealt with by scheme, I is BURIAL ACTS, 77-82 Adoption of — Meaning of the expression, 78, 81, 82 — in Metropolitan borough after appointed day, 81, 82 Areas for which burial boards may be established, 7S-80 See also Adoptive Acts. BYE LAWS as to Dairies and milk, London County Council may be empowered to make by order of Local Government Board, 90 ; regulations in force pending making of such byelaws, 90, 91 ; enforcement of regulations by borough council, 90 Existing, saving for, 195 as to Fine for non-acceptance of office by alderman or mayor, 15 for Good rule and government of borough or county, 219-223 — Borough council may make, 207— County council may make, 219 ; byelaws made by London County Council, 223 under "Housing of Working Classes Act, as to lodging houses, 218 as to Knackers' yards, 91 ; enforcement of by borough council, 90 as to Offensive businesses, 91 ; enforcement of by borough council, 90 as to Proceedings — of Committee, 69— of Borough council, 69 as to Slaughter-houses, 91 ; enforcement of, by borough council, 90 for Suppression of nuisances, 219, 222 ; power of borough council to make, 207 c. CANDIDATE Corrupt withdrawal of, 56 Death of, immediately before poll, 40, 41 Election presided over by, 11 Nomination of, 36, 38 Publication of false statement of withdrawal of, 55 CASTING VOTE of Chairman at meeting of borough council, 67 ; at election of aldermen, 13, of mayor, 12 of Joint committee, doubt as to, 112 CASUAL VACANCY in Office, 36, 37, 42— in case of Alderman, 16, 17— Filling of at ordinary election, 39— in case of Mayor, 16, 17— Special election to fill not to be held in certain cases, 37, 42 CERTIORARI Auditor's allowance or disallowance may be removed by, 130, 133, 134 Order of borough council for payment may ba removed by, 112 CHAIRMAN of County council, law concerning applied to mayor of metropolitan borough, 6 of Joint committee, whether to have a casting vote, 112 at Meeting — of Borough council, 66, 67; his casting vote, 67, at election of aldermen, 13, at election of mayor, 12 — of Owners and ratepayers, 98 Index. 247 CHARITY Commissioners — Appeal from order of, L63, 165, 167— Apportionmi at by, of charity partly ecclesiastical and partly not, 162, 165 — Approval by, of substitution of three trustees for sole trustee, 164 — Local Government Board to consul! before making certain order charities, 143, 165— Powers of under Local Governmenl A ■•. ...163-165; under London Government Act, L63, 165, 166 Definition — of Ecclesiastical charity, 161, 162 — of Parochial charity, 162 Overseers as trustees of, nominees of borough council to be substituted for, KJ3; nominees of elective vestry substituted for, in certain cases, 163 Powers as to — of Elective vestry, 167, 168 — of Parish council. 167; such powers may be conferred on other authorities by Order of Local Government Board, 166; by scheme, 166 Property — Determination of question as to whom such property i- ve8ted in, 165 — held for Ecclesiastical charity by overseers or 'churchwardens and overseers, saving for, 159, 160 Saving with regard to benefits, and purposes of, 168 Trustees — Benefit of charity not to be enjoy* d by trustee, hie wife 1 r children, in certain cases, It!.") — Term of office of, in certain cases, 164, 1(J7 CHEQUES, for payments under order of borough council, how to be countersigned, 112 CHURCH Affairs of, powers of vestry as to, 157-159; vesting of such powers in inhabitants by scheme, 157 Property — Interest of vestry in, to be vested in incumbeut or church- wardens, 157 — Saving for, where held by overseers or churchwardens and overseers, 159, 1G0 Purposes, use of buildings in churchyards for, 159 Rates connected with, 157-159; collection of, l.">7 CHURCHWARDENS as Charity trustees, nominees of parish council may be substituted for, in certain cases, 164, 166; extension of provisions in this respect to London by order or scheme, 166 Collection of rate connected with church or incumbent by, 157 Ex officio members of elective ve.-tries, l.V.i; not to he 1 x officio members of borough council, 157, nor ex officio overseers, 157 Interest of vestry in church property may b • vested in, 157 and Overseers — Parish properly vested in. Hill — Property vested in transferred to borough council, l.V.t, exceptions, 159, lo'O — Reference? to, to be construed as references to borough council, 159 ; exceptions 159 CHURCHYARD Transfer of buildings in, to borough council, 159 Use of buildings in, for church purposes, 159 CITY OF LONDON Area comprised in. 'J- 1 Common council of — Commissioners of sewers' powers transferred to, 4 — Transfer of powers by provisional order from common council to London comity council or vice versa, s7 : expenses connected with transferred powers, 108 Corporation of — a Local authority for purposes of scheme, as regards Soutbwark, lis -a Metropolitan authority under metropolis water acts. 212 Court of aldermen of, a local authority for purposes of scheme, as regards Soutbwark, 148 248 Index. CITY OF LONDON-rw(//'/iH(il. Definition of— in City of London Sewers Act, 4 — m Metropolis Management Act, 4— in Parliamentary Boundaries Act, 2 Exclusion of, from area to be divided into metiopolitan boroughs, 1 Inner Temple to be deemed part of, 157 Middle Temple to be deemed part of, 157 Parish not to be partly within and partly without, 153 CLERK of Borough council, see Town Clerh Employment of, on behalf of candidate, 56 of Vestry— Appointment of, 177, 178, 183— Convention of vestry meetings by, 05— Incompatibility of office with that of treasurer, 178 — bis Office distinct from that of " vestry clerk," 181 Vestry clerk— Appointment of, 181, 182; difficulties as to appoint- ment in future, 183— Duties of, 182, 183— Existing vestry clerks, 183, 184 CLOSING of Streets, 89 CLUB, premises of, when not to be used as candidate's committee room or for election meetings, 58 COCKADES, payment for, for election purposes, prohibited, 56 COLLECTOR pi , „ __ 1Q _ of Poor rates, 185-187, to become rfficer of boroueh council, 1 77, 18/ of Eates under Metropolis Management Acts, 187, to become officers of borough council, 177, 187 COLLEGIATE CHURCH OP ST. PETEE, Westminister, Dean and Chapter of, to be deemed a local authority for purposes of schemes, 148 COMMISSIONERS under Adoptive Acts, abolition of, and transfer of their powers to borough councils, 76 under London Government Act— their Appointment, 13b, 137— their Powers, 138 of Sewers for City of London, their powers transferred to common council, 4 COMMITTEE Assessment committee— Appointment of by borough council, li-i, 125 — Expenses of, 125 of Borough council— Accounts of, 126— Delegation of powers to, 109, 110— Expenses of, 109— for purposes of Public Libraries Acts, 108 — Report of proceedings of, 109 Finance committee— Borough council to appoint, 1 1 0— Liabilities only to be incurred on estimate of, 1 1 0, 1 1 1 , exception, 1 1 1 —Orders for payment of money to be made on recommendation of, 110, exception, 111 ; to be signed by members of, 112 Joint, of borough councils, 111, 112 ^ of Privy council — under London Government Act, 136, 137 ; expenses of, 139; powers of as to schemes, 149-152 — under Municipal Corporations Act, 149-152 Ratification of acts of, 110 Resumption of powers delegated to, 110 Room of candidate— Definition of, 54, 55— Payment on account of restricted, 54— Premises where liquor or refreshments are supplied not to be used as, 58 COMMON COUNCIL OF CITY City commissioners of sewers succeeded by, 4 Index. 249 COMMON COUNCIL OF CITY— continued. Transfer of powers to, from London County Council, or vice versa, 87 ; expenses of transferred powers, 108 COMPENSATION, to existing oi 192 COMPLAINT to Railway and Canal Commissioners, by borough councils and other authorities, 207, 212, 213; with reference to default of metro- politan water coin panics, 95, 96 COMPOSITION with Creditors, disqualification by reason of, 26, 29 CONSTITUTION, oi administrative vestry, law concerning, applied to borough council, 18 CONSTRUCTION of Enactments referring to boroughs, 192; of enactments referrinj authority where functions are transferred to borough council. 192 CONTRACT Disqualification by reason of interest in, 20, 30-33; exceptions in favour of certain contracts, 26, 33 Minutes of borough council to contain copies of, 68 Officer of administrative vestry or district board not to be concerned in, with vestry or board, 178 180; bow far this provision applies to officers of borough councils considered, 179 also Agreemt id CONTRIBUTION, by one council to another in respect of expens - transferred powers, L08 CONVENTION of Meetings — of Borough council, 65 — of Owners and ratepayer.-, 9"i CONVEYANCE of Electors, to or from poll— Hackney carriages &c. not to be lent for, 55, 56 — Payment on account of, prohibited, 53, •"> 1 CORRUPT PRACTICE Consequences of, 46 Definition of, 16 Excuse for, in certain cases, 58, 59 See also Municipal Elections &c. Act COSTS of Appeals to Local Government Board, I r3 of Arbitration by Local Government Loud. 175, 176 of Legal proceedings, power of borough council to defray, 93-96 of Local inquiries l>y Local Government Board, L73 of Parliamentary proceedings, power of borough council to defray, 93, 94, 96-108, and see Borough Funds Act of Provisional order, promoted or opposed, 171, 17J Restrictions on incurring of, by borough council, in excess of fiftv pounds, 110, 1 11 of Schemes, promoted or opposed, L51 And see Expt n> 8 COUNCIL: see Coun il of Metropolitan Borough; County Council; London County Council ; Order in Council; Privy Council OF METROPOLITAN BOROUGH Accounts of, 68, 69, 126=-136 : and Bee Accounts; Audit Aqui'ition of l.nd by, 213-216 Adoptive Acts— to be administered by, 76— may be Adopted by, in certain cases, 77, 81, 82, 84— see also Adoptivt Acts 250 Index. COUNCIL OF METROPOLITAN BOROUGH— continued. Aldermen to be elected by, 12 ; and see Alder nn n Alienation of land by, 92, L93 Appeal by, from London County Council, as to sanction to loan, 71 Area for exercise of functions by, 85 Assessment committee, when to be appointed by, 124, 12."> Assistant overseers to become officers of, 177 Borrowing powers of, 75, 7y, of dairymen, 91, 199 Rescission of resolution of, 68 Repair to be undertaken by, ol highway repairable by London County ( louncil, if required, 89 Stopping up of Btreel by, 89 Surninaiy determination of questions as to transfer of powers or property . to, 176 Transfer to— of Buildings in churchyards, 159 — of Existing officers, 177 — of Main roads, 87- of Powers &c., under Adoptive Acta, 76; of District boards and Eli otive vestri b,71; of London Count] ( ounoiL by Act, 85, by provisional order, 87 — of Property of Authorities under Adoptive Acts, 76, of churchwardens and overs* ers, 159, 160; of District boards and Elective vestries, 71 ; of Overseers, 159, 160 Transitory provisions of Local Government Act, 1894, applied in case of, 194 Triennial elections maybe ordered, and such order rescinded, on request of, 69, 70 Vice chairman, whether council can be authorised to appoint, 66, 6"! COUNCILLORS OF METROPOLITAN BOROUGH Application to, of law concerning vestrymen, 18; and see Vestrymen Disqualifications for the office, 26-35 ; women disqualified, 5 ; and se.e Disqualification* Election of, 35-45— Date of first election, 7n— Malpractices at elections. 15-60, and Bee Municipal Elections dec. Act, 1884 — Ordinary day of election, 70— Petition againsi election, 60 63, and se< Petition — Triennial elections may he ordered. 69, 70 Electors of, 18 21 Eligibility of, for office of alderman or mayor, i Number of, o ; number to be assigned to each ward, 5 Qualification for the office, 21 26 Term of office of, 70; in case of rir.-t councillors, 17n COUNTY Aldermen, Application of law a ncerning, to aldermen of metropolitan borough, (i Council — of Adjoining county, to be heard on proposal to alter county of London, 154 — of London, Bee London County Council of London, Alteration of, 154 — Area forming, I —Distinction between administrative county of London an 1 county of Loudon, 'J COURT of Aldermen of City, to be deemed a local authority as regards Bouthwark for purposes of scheme, I I s of Burgesses, of Westminster, to bo deemed a local authority for purposes of scheme, I Is see also High Court CRIME, disqualification by conviction for, 26, 29 CROWN, privileges in respect of property of, may be preserved by scheme, 139 252 Index. CURRENT Liabilities, duty of existing authorities to liquidate, 195 Rates, &c., saving for, 194 DAILY PENALTY, under London Building Act, 201 DAIRIES Regulations as to, 90, 91 ; enforcement of regulations by borough council, 90 DAIRYMEN Definition of " dairyman," 91 Registration of, 91, L99 DEAN AND CHAPTER of St. Peter, Westminster, to be deemed a local authority for purposes of schemes, 148 DEATH, of candidate before poll, 40, 41 DEBTS Existing, saving for, 194 Restriction on incurring of, by borough council, 110, 111 DECLARATION of Acceptance of office, 3(j, 41 ; in case of alderman or mayor, 14, 15 Statutory— of Compliance with Borough Funds Act, 107, 108— by Officer claiming compensation, 189, 191 — Stamp on, 192 of Vacancy in office — on Disqualification, 27, 34, 35 — on Resignation of mayor or alderman, 16 DEDUCTION, from rent in respect of sewers rate or its equivalent, 122, 124 DEFAULT, of borough council in discharge of certain duties, 90, 92, 199 DEFINITIONS iu Burial Acts— "Metropolis," 78 — "Parish," 79 in City of London Sewers Act — " City of London," 4 in District Auditors Act — " Local authority," " Local rate," "Prescribed," 132 in Housing of Working Classes Act—" Cottage," " Lodging houses for the working classes," 216 in Interpretation Act — " Local government register of electors," 19 — "Parliamentary borough," 192, 193— " Parliamentary register of electors," 19 — " Poor law union," 125 in Local Government Act, 1888— "Duties," "Liabilities," 196 — "Local financial year," 1 28— " Powers," "Powers duties and liabilities," "Property," 196 in Local Government Act, 1894—" Affairs of the church," 162 — "Ecclesiastical charity," 161, 162— "Elementary school," 165 — "Parochial charity," 162— " Trustees," 161 in London Building Act— "Daily penalty," 201— "Owner," 205— " Sky sign," 204—" Street," " Way," 206 in London Government Act— " Administrative vestry," "Adoptive Acts," 195— " Appointed day," 193, 194— "Borough," 1— "Elective vestry," 195— "Enactment," J 95— "Existing officer," 192— "Local Act," 195— "Precept," 123— " Rateable value," 195 in Metropolis Management Acts—" City of London," 4 in Municipal Corporations Act—" District " of local authority, " Local authority," 150 in Municipal Elections &c. Act and incorporated enactments — " Bribery," 49-51 — " Committee room," 54, 55—" Corrupt practice," 46— "Money," "Payment," "Pecuniary reward," 57 — "Persona- tion," 53 — "Treating," 46—" Undue influence," 48 in Poor Law Officers Superannuation Act—" Guardians," 187 Index. 253 DEFINITIONS— continw ,1. in Public Health Act — "Owner" for purposes of right to vot< , 99 — '• Rack-rent. ' 99 — " Ratepayer," 99, 100 in Public Health (London) Act — " Dairyman," '.'1 in Superannuation (Metropolis) Act — '* Parochial body," 180, 181 Bi e also J/' aning of Ezpn DEMAND NOTE, form and oontenta of, 124 DEMOLITION of buildings &o. contrayi uing London Build ng A. t. 207, 2i 18 DEPUTY TOWN CLERK Appointment and powers of, 169 Cheques may be countersigned by, 1 12 DETACHED PARTS, of parishes, to be deal! with by order in council, 153, 154 DISQUALIFICATION of Alien, for membership of borough council, 26 of Bankrupt, for membership of b< rough council, 9, 26, 29; cesser of the disqualification, 26, -7 by Composition with creditors, for membership of borough council, '.*, 26, 29 ; cesser of the disqualification, 26, 27 under Corrupt Practices Acts — of Elector, 21— for Office, 34 of Criminal, for membership of borough council, 26, 29 of Infant, for membership of borough council, 26 by Interest in contract — for Membership of council, 26, 30-33; exceptions, 26, 33 — for Oflice under administrative vestry or district board, 178-180 of Married women, to vote at certain elections, 20 ; disqualification removed for purposes of other (lections, 20 for Office— of Alderman, 9, is, 26-35— of Councillor, 26-35— of Justice of the peace, 169— of Mayor, 9, 18, 20-3.") of Paid officers of borough council, for membership of council, 20 of Pauper — for Membership of borough council, 20, 27-29 — for Registration as elector, 21 — for Tenaucy of lodgings provided under Housing of the Working Classes Act, 218 — to Vote at certain elections, 21 Penalty for acting as member of borough council when disqualified, 10, 27, 35 under Public Bodies Corrupt Practices Act — to be Elector, 21 — for Public office, 34 Resignation by disqualified person, 35 Vacation of oflice by disqualified person, 27, 34, 35 of Women — for Membership of council, 5 — to be Parliamentary electors, 20 DISTRICT Auditors; see Audit Board — Abolition of, 71 — Continuance of existing members of, in office, 171 — Levy of rates for purpose of, 110-122, and see Bale — List of Acts conferring powers on, 71-74 — Officers of, 177-181, and see Officers — Transfer of functions of, to borough council, 71 DIVISION of London into metropolitan boroughs, 1 of Parish — by Order in Council, L53, 154 — by Scheme, 141-143 see Apportionment DUCHY OF LANCASTER, sale of land of, to local authorities, 215 DUTIES Area within which borough council are to discharge duties, v'i Construction of enactments relating to transferred duties, 192 254 Index. DUTIES — continued. Definition of " duties," 196 Summary determination of question as to transfer of, 176, 177 Transfer of — from Authority under Adoptive Acts to borough council, 76 ; to elective vestry by order of local government board, 77, 78, 83 145 — from Borough council to London county council, on default of firmer in certain cases, 92; by provisional order, 87, expenses of duties transferred by provisional order, 108 — from Com- mon council of city to London county council, I >y provisional order, 87; expenses of transferred duties, 108 — from District board tc borough councd, 71 — from Elective vestry, to borough council, 71 ; to inhabitants, 157 — from London county council, to Borough council, by London Government Act, 85, by provisional order, 87, expenses of transferred duties, 108, of duties of London county council as to maiu roads, 87 ; to Common council of city, by provisional order, 87, expenses of transferred powers, 108 — from Overseers to borough council, 122; to town clerk, 122 — from Parochial authorities to vestries and district boards, 74, 75, 157-159, 167, 168 — in Penge, 156 — from Sanitary authority in default to London county council, 92 E. ECCLESIASTICAL CHARITY Definition of, 161, 162 Property held for, by overseers or overseers and churchwardens, saving with regard to, 159, 160 See also Cliarity EDUCATION DEPARTMENT, reference of scheme to, in certain cases, 151 ELECTION of Aldermen, 12-14 — on Casual vacancy, 16, 17 — Date for first election. 70 — Municipal Elections, &c. Act, applied to, 45 — Ordinary day of election, 70 — Petition against, 9, 45, 60-63 of Councillors, 35-45 — Application of law as to election of vestry- men, 18 — Conclusiveness of register, 20, 21 — Corrupt and Illegal Practices at, 45-60 : see also Municipal Elections &c. Act — Date for first election, 70 — Marriage does not disqualify woman for voting at, 20 — Ordinary day of election, 70 — Pauper, whether pro- hibited from voting, if on register, 21 — Police, voting by, 21 — Rules for, to be framed by Local Government Board, 35-37 ; statutory force of rules, 37 — Triennial elections may be ordered, 69, 70, order may be rescinded, 70 of Local board, application of provisions concerning, to poll conse- quent on meeting of owners and ratepayers, 98 of Mayor, 10-12 — on Casual vacancy, 16, 17 — Date for first election, 70 — Municipal Elections &c. Act, applied, 45 — Ordinary day of election, 70 — Petition against, 9, 45, 60-63 Petition, 60-63 — Grounds of, 60-62 — Petitioners, who may be, 63 of Urban district councillors, application, of law concerning, to elections of vestrymen, 35, 36 of Vestrymen — Application of law concerning, to election of borough councillors, 18 — Ballot Act applied, 36, 39, 40, 41 — on Casual vacancy, 36, 37, 42 — Difficulties as to, may be removed, 37 — Expenses of, 36, 37, 40, 42-45 — Further elections not to be held except to fill casual vacancy, 171 — Hours of poll, 36 — Municipal Corporations Act, in part, applied, 36, 39 — Municipal Elections &c. Act, applied, 36, 39, 40 — Order of Local Government Board regu- lating, 37-42 — Polling requisites to be lent for, 37 — Returning officer, 36, 38 — School rooms may be used for, 36 — Voting in more areas than one, 36, 38 Indei 255 ELECTIVE VESTRY Abolition of, 7 1 Accounts to be kepi by, I 3, 69 Churchwardens ex officio members of, 159 Existing members of, continued in office, 171 Incumbent an ex officio memb Meetings of— Chairmanship at, 66, l Com 65, 66— Time for holding, 6G Minutes Powers of, 74, 75, 157 L59; as to charities Proceedings of, 6; Questions arising before, bo\( d< termined, 67 Rescission of pr< vious n solution ' . Transfer of powers of— to Borough council, 71— to Inhabitants as regards affairs of the c nrch, 157 a Vestry for all purposes, 71. L57 Sec also Administratis a ttry ELECTORAL DIVISIONS for School board elections, 147 ; may 1»' altered by scheme, 13'.» ELECTORS, see Parochial electors ELEMENTARY SCHOOL, saving for, in Local Government Ad. 1894, L65 EMBANKMENT, repair of roa.l on, 89 EMPLOYMENT of Officers and Bervanta by borougb council, 177-1S1, and see Officer* of Paid workers at elections, 56, 57 ENACTMENT, definition of, 195 ENFORCEMENT of Bye-laws and regulations by borough council, 00 of London Building Act— as to Obstructions in streets, 205, 20n of, repre- senting sewers rate. 122, 124 — General rate to be Levied as part , 111, 149, 150 s 2 260 Index. LOCAL FINANCIAL YEAR, 128 GOVERNMENT ACT, 1888 Accounts of county councils, 1 27, 1 28 ; provisions concerning, applied to accounts of borough councils, 126 Acquisition of land by county council, 213, 214 ; provision concerning, applied to borough councils, 207 Alteration of parish boundaries, 141-143; similar powers of altering parish boundaries may be exercised by scheme, 139 Byelaws for good rule ami government of county &c, 219 ; provisions concerning, extended to borough council, 207 Chairman of county council, 6 ; provisions concerning, applied to mayor of metropolitan borough, 6 County aldermen, 6 ; provisions concerning, applied to aldermen of metropolitan borough, 6 Definitions of "powers," "duties," "liabilities," "property," and " powers, duties and liabilities," 196; such definitions incorporated with London Government Act, 195 Existing officers, 189, 190; provisions concerning, applied to exis ing officers affected by local government act, 1894. ..189 Proceedings of local government board, 172, 173 ; provisions con- cerning, extended to proceedings under London government act, 172 See also the Table of Statutes. ACT, 1894 Charities, 163-167— Application of provisions concerning, in London, by order of Local Government Board or scheme, 166 — Defini- tions connected with charities, 161, 162 — Powers of charity com- missioners, 165 ; charity commissioners to have like powers for purposes of London Government Act, 163 Disqualifications for office, 26-3.") ; provisions concerning, applied to aldermen and mayor, 18, to councillors of metropolitan borough, 26 Elections, 35-37 ; provisions concerning, applied to councillors of metropolitan borough, 35 Existing officers, 188, 189 ; provisions concerning, applied to officers affected by London Government Act, 188 Joint committees, 111, 112 ; provisions concerning, applied to borough councils, 111 Parochial electors, 18-21 Powers of parish council, 145-147 ; such powers may be conferred on London authorities, by order of Local Government Board, 143, by scheme, 139, 144 Qualification for office, 21-26 ; application of provisions concerning, to councillors of metropolitan borough, 21, 22 Transitory provisions of, 194, 195 ; incorporated with London Govern- ment Act, subject to adaptations, 194 See also the Table of Statutes. BOARD Allowance by, of costs under Borough Funds Act, 94 Alteration of wards, by, 169 Appeal to— from Auditor, 130, 131, 134,135 — as to Contributions from one council to another in respect of transferred powers, 108 — Costs of appeals to, 173 — from London county council, as to sanction to loan, 71 Apportionment by, of expenses — of Joint committee, 111 — of Pro- visional order, 171 Arbitrations by, 173-176 Conclusiveness of orders of, 173 Costs of legal or parliamentary proceedings, when to be examined by, 94 Determination of questions by — as to Contributions by one council to another in respect of expenses of transferred powers, 108 ; as to con- Judex. 261 LOCAL GOVERNMENT BOARE — ontinued. tributione by London county council in respect of highway n j 89 — as to Expenses of joint committee, ill — Powers of Board for determination of qtn Btions, 1 7:; Expenditure authorized by, not to be disallowed, 1J7 Financial statements to be sent to, 132 Eorm tn be incMTil.nl by — lor Accounts, 127, 128, 132 — for Demand note, i-l — for Precept, 123 Inquiries by, 172, 173 — under Borough Funds Act, 94 — before Com- pulsory powers of acquiring land are -_r 1 : > 1 1 1 < < 1 , 215 — before Pro- visional order is made, 171 Inspectors of, their powers, 138; Commissioners under London Governmenl Act to have like powers, 138 Order of, us to elections of vestrymen, 37- 1- ; dispensing power reserved to Board in such order. 38 Parish council powers may be conferred on other authorities by, I I::, 144 Petition to, for provisional order authorizing compulsory acquisition Of land, 214 Orders of — for Appointment of vice-chairman by elective vestry, 66 — for Transfer of powers under adoptive Acts to elective vestry, 77. 78, 83, 14."") Powers of — as to Accounts. 132 — as to Audit, 132— as to Dairies and milk, 90 — on Default of sanitary authority. '.*- — lo confer Parish council powers on other authorities, I 13, l 1 1 — to make Provisional orders, for compulsory acquisition of laud, 215; for transfer of powers from one council to another, 87 — as to Regulations of metropolitan water companies, '210, 211 — to order Triennial elec- tions of borough councillors, 69, 7c, and rescind such order, 70 — as to Vestry clerks, 1S1-18:!— as to Wards, of metropolitan boroughs, 169 ; of parishes for election of guardians, r> Precepts of, to guardians, saving with respect to, 123 Proceedings of, 172-176 Provisional orders of, 171, 172 Representation to, as to amount of contribution in respect of trans- ferred powers, 108 Resolution of owners and ratepayers with reference to expenditure on parliamentary proceedings to be sent to, 99 Returns to, as to accounts of treasurer of municipal borough, 128, 129; provisions as to such returns extended to accounts of treasurer of county council, 127; question whether Buch provisions are extended to accounts of treasurer of metropolitan borough, 128 Rules for elections to be framed by, :!•"> — Provisions to be contained in rides, 36, i!7 — Statutory force of rules, :I7 Sanction of — to Alienation of land by borough council, 92 — to Appli- cation of proceeds of sale of land by borough council, 92 — to Appio- priation of land for purposes of Housing of Working Classes Act, 217— to Expenditure, on promotion of, or opposition to, bill in Parlia- ment, 93,94,107; on promotion of, or opposition to, provisional order, 172 — to Letting of land by certain authorities, 215 — to Sale of land under Housing of Working Classes Act, 217 Scheme to be referred to, before being settled, L50 Transfer to, of powers of Board of Trade under Metropolis Water Acts, 210 INQUIRY as to Application for provisional order, 171; where provisional order is sought for compulsory ncquisition of land, 215 under Borough Funds Act, :>1 by Local Government Board, 172, !7:; LODGING HOUSES, for working classes, provision of under Housing of Working Classes Act, 216—219 262 Index. LONDON: see Administrative county of London; City of London ; County of London BUILDING ACT Building line, 208, 209 Bye-laws as to lamps and overhanging stiivtures, 208 Definitions in — "Daily penalty," 201 — "Owner," 205 — " Skv sign," 204—" Street," "Way," 206 Demolition of buildings and structures contravening, 207-209 Exercise of certain powers under, by borough council, SO, 206 Licensing of wooden structures, 1 99-203 Local authorities under, 72, 200, 201 Obstructions in streets, 205, 20G Prosecuticn of offences under, 208 Scheme not to modify or repeal, 140 Sky signs, 203-205 Timber stacks, &c, 209, 210 Transfer of certain powers under, from London County Council to borough councils, 85, 80, 199 COUNTY COUNCIL Accounts of, 127, 128; application of enactments concerning, to accounts of borough councils, 126 Appeal from, as to sanction to loan, 71 Audience of, on proposal to alter area of county of London, 154 Bye-laws of— for Good rule and government of county, 223; power to make such bye-laws, 219 — as to Xnackers' yards, Slaughter-houses, and Offensive businesses, 91 ; borough council to enforce such bye- laws, 90 Complaint by, to Bail way and Canal Commissioners, 212 Difficulties as to elections may be removed by, 37 Exercise of certain powers of, by borough councils, 86, 206, 207 Expenses of committee of Privy Council to be defrayed by. 139 Highway repairable by, borough council may be required to undertake maintenance of, 89 Licensing of wooden structures by, 199, 200; powers in this respect transferred to borough councils, 80, L99 not a Local authority, for purposes of schemes, 148 Main roads transferred from, to borough councils, 87 a Metropolitan authority under Metropolis Water Acts, 210 Powers of — on Default of sanitary authority, 92 — as to Demolition of buildings, &c, contravening London Building Act, 207, 208 — to Dis- pense with prohibitions against voting in certain cases, 26 — to Prosecute for offences under London Building Act, 208 — to Relax provisions of London Building Act as to timber stacks, &c, 209, 210 Regulations of, as to dairies and milk, 90, 91 ; enforcement of, by borough council, 90 Sanction of, to closing of street, rendered unnecessary, 89 Scale of election expenses framed by, 43, 44; power to frame such scale, 37 Transfer of powers of— to Borough council, by London Government Act, 85; by provisional order, 87; expenses of transferred powers, 108 — to Common council of city, by provisional order, 87; expenses- of pov. ers so transferred, 108 to — from Borough council, by provisional order, 87 ; expenses of transferred powers. 108 — from Common council of city, by provisional order, 87; expenses of transferred powers, 108 — from Sanitary authority in default, 92 (EQUALIZATION OF RATES) ACT, saving for, 193 SCHOOL BOARD Electoral divisions for election of, 147; alteration of such divisions, 139 Saving for jurisdiction of, 193 Index. LORD PRESIDENT OF PRIVY COUNCIL Appointed day to be fixed by, 193, 194 Dates for firs! elections to be 'fixed by, 7" M. MAIN ROADS Creation of, y s Existing main xs ada to become ordinary bighways, ^7 Meaning of expr Bsinn, 87 Reduction of, the atatus of ordinary highway, MAJORITY, borough council act by majority of memh rs present, 67 MARKS OF DISTINCTION, payment for, fur election purposes, pro- hibited, 56 MARRIED WOMEN, capable of voting at elections of borough .cillors, 20 MAYOR Acceptance of offio by, I I -16, 69 Alderman elected to the office retains his office of alderman, 7 Application to — of law as to Chairman of county council, »! — of law as to Disqualification for office, 18 of law as to Election petitions and Malpractices at elections, 1"> Casual vacancy in the office, 16, 17 Council to comprise, 5 Councillor elected to the "Hire ri tains office of councillor, 7 Disqualifications for the office, 9; women disqualified, 5; and Bee Disqualifications Electionj.t',' 10-12— Date of first election, 70 — Ordinary day of elec- tion. 7(i — Petition against election, 9, 60-63 Eligibility for the office of Alderman or Councillor, 7 — of Outgoing alderman, 8, '. ( Expenditure by or on b half of candidate for th< office prohibited, 55 to be Justice of the peace, 168 Qualification of, 7-10 Re-eligibility of, 8, 9 Remuneration of, 17,18 Resignation of, 16 Right of, to chair — at Election of aldermen, 12; of succeeding mayor, 11 — at Meeting of council, 66 being Solicitor, not to practise before Lon Ion justices. 168 to be Summoning officer of meetings of owners and ratepayers, 97 Term of office of, 16 Vacation of si at by, for absence, 17 See also < Chairman ALDERMEN AND COMMONALTY OF CITY OF LONDON, siv Common Council MEANING OF EXPRESSIONS Acting as member of local authority, ::.~i Administrative county of London, 1, -1 Adoption of Burial Acts. 78, 81, 82 Bribery, ■!'•' :; Burgess roll, 19 City of London, 2-1 Clerk of vestry. 181 County— of London, 1, 2— Register, 19 District, in Burial Acts, 79, 80 Ecclesiastical charity, 162, 163 Fraudulent device, t'.i 264 Index. MEANING OF EXPRESSIONS— coiiiinutd. General rate, 115 Inaccurate description, 13, 14 Interest in contract. 30-33, 179, 180 Library district, 82 Local— Act, 147, 148— Authority, 142, 148, 150— Financial year, 128 Main road, 87 Misnomer, 13, 14 Ordinary day of election, 70 Parochial elector, 18, 19 Payment or promise of payment, 57 Personation, 53 Ratepayer, 100 Residence, 22-20 Union or parochial relief, 27-29 Vestry clerk, 181 Voter, in Public Libraries Acts, 83 MEDICAL PRACTITIONERS, receipt of fees by, does not disqualify for ( thee, 33 MEETING of Borough council — Adjournment of, 66 — Chairmanship at, 66, 07 — Convention of, 65 — First meeting, 170 — Minutes to be evidence of due holding of, 68 — Notice of, 65; with respect to proposed lesolution to incur debt or liability, 111 — Time for holding. 00 — Voting at, 07 of Committee, 109 of Owners and. ratepayers for purpose of consenting to expenditure on parliamentary proceedings, 97-90; poll con.-equeut on such meeting, 99-107, and see l'oll for Promotion of candidature, not to be held on licensed premises, or premises where refreshments are supplied, 58 MESSENGERS, employment of, on behalt of candidate, E6 METROPOLIS Definition of— in Burial Acts, 18 — in Metropolis Management Acts, 4 Management Acts — Alienation of land, 92 — Ancillary powers under, 74 — Application nf to Woolwich, 154, 155 — Closiug of streets, 89 — List of Acts, 74— Officers, 177-181 ; applicability of provisions as to, to officers of borough council, 181 — Powers of vestries as to church affairs and charities, 157-1.7,), 167, 11 IS -Proceedings of vestries, 05-00; application of provisions as to. to borough councils, 18 — Rates, 114-122; collectors of such rates, 187 — Repeal of. as to Penge if necessary, 150 — Trausfer of powers under local Acts to vestries and district boards, 74, 75, 158 — £ee also TaVe of Statutes. Water Acts — Complaint to Railway and Canal Commissioners of default of water company, 05, DO — Power of local authority to aid water consumer in litigation, 00 — Regulations of water companies, 210-212 METROPOLITAN BOROUGH Areas to be formed into such boroughs, 1, 198 Boundaries of, 1, 153, 154 City excluded from area to be formed into, 1 Council of, see Council Expression " borough " does not irenerally include, 102 Formation of, 1 ; order to be laid b, fore Parliament, 137. Name of, 170 every Part of administrative City of London outside City to b ■ im luded in, 153 "Wards of, 5: alteration of such wards, 169 Index. 265 MIDDLE TEMPLE, to be deemed in City, 157 MILK Regulations as to, 90, 91 ; enforcement of by I orough council, 90 MINUTES of borough council, 68, 69 MISNOMER, in roting-papers at election of alderuu n. 13, 14 MODIFICATION of Local Act, by scheme, 1 10, 1 IT. 1 18 of London Government Act, temporarily, for purpose of lir.-t constitution n( borougb councils, 17 U MUNICIPAL COEPORATIONS ACT, 1882 Accounts of treasurer, 128, 129; provisions concerning, applied to accounts of treasurer of county council, 127; question as to their application to accounts of treasurer of metropolitan borough, 128 Application of provisions of — to Aldermen of inty council, 6, 7; to aldermen of metropolitan borough, 7 — to Chairman of county council, 6, 7 — to Mayor of metropolitan borough, 7 — to Vestrymen, 36, 39, II. 12 Bye-laws under, for good rule and governmi ut 1 f borough or sup- pression of nuisances, 219 223; council of metropolitan borough given power to make Buch bye-laws, 207 Election petitions, 60-63; application of provisions concerning, to members of council of metropolitan borough, 15 Scheme for new borough, 141, 148 152; application of provisions concerning, to schemes under London Government Act, 139, 1 18 See also tbe Table of Statutes ELECTIONS (CORRUPT AND ILLEGAL PRACTICES) ACT, 1884 Application of, to elections of aldermen, councillors and mayor of metropolitan borough, 45 Avoidance of election for prevalence of illegal practice.-, payment, employment, or hiring, 61, 62 Bribery — a Corrupt practice, 46 — Definitions and Meaning of, 19 53 Committee rooms- -Payment for, in excess of certain number pro- hibited, .~>4 — Use as, of premises where refreshments are sold prohibit d, 58 Conveyance of electors to or from poll — use of Carriages, Sec, kepi for hire, prohibited, 55. 56 — Payment for, prohibit* d, • 3, 54 Corrupt practice, definition of. 46, 53 Employment of paid workers at election,."));, .">7 ; persons employed not to vote, f>7 Excuse for corrupt or illegal practice. 58 60 Exhibition of placards, payment for, lo elector prohibited except in certain cases, 54 Expenditure by or for enndidute — Limited with reference to certain elections, 55; limitation not applied in elections of tncillor if metropolitan borough, 55 — Prohibited in case of 1 Lection of aid* rmtn or mayor, .">."> Inducing prohibited person to vote, 55 Meeting for promoting election not to be held on premises where refreshments are sold, 58 Name and address of printer and publisher to appear on bills, placards. Ac. 57 Objects of the Act, 15, 16 Payment for music, torches, flags, banners, cockades, ribbons, and marks of distiiu tioii prohibited, 56 Personation— a Corrupt practice. 16 — Definition and Meaning of, 53 Provision of money for payments contrary to Act, :>:> 266 Index. MUNICIPAL ELECTIONS, ETC. ACT, 1884r-continued. Publication of false report of withdrawal of candidate, 55 Saving for rights of creditors, 58 Treating— a Corrupt practice, 4(3 — Definition of, 4(5— Excuse for. 58 — Meaning of, 46-48 Undue influence— a Corrupt practice, 46— Definition of, 48 — Excuse for, 58— Meaning of, 48, 4!) Withdrawal of candidate for corrupt reasons, 56 See also Petition MUSIC, payment for, for purposes of election, prohibited, 56 N. NAME of Metropolitan borough, 170 of Printer and publisher of election placards, &c, to appear thereon, 57 NOMINATION, of candidates, 36, 38 NOTICE of Audit, 129, proof of notice, 129, 13,6 of Draft scheme having been prepared, 152 of Intention — to Apply for compulsory powers to acquire land, 214, 215 — to Close street, 80 of Meeting — of Borough council, 05 ; where resolution to incur debt or liability is to be proposed, 111 ; where resolution for expenditure on parliamentary proceedings is to be proposed, 93 — of Owners and ratepayers, for purpose of co isentiug to expenditure on parliamentary proceedings, 98 of Provisional order proposed to be made. 171 of Poll consequent on meeting of owners and ratepayers, 104 of Scheme having been settled, 152 NUMBER of Aldermen, of Clerks &c. authorized to be employed on behalf of candidate, 56, 57 of Councillors, 5 of Polling agents allowed at elections, 57 of Wards, 5 ; alteration of number, 169 OATHS, to be taken by justice of the peace, 108, 100 OBJECTIONS to Accounts at audit, 130 to Draft scheme, 151 OFFENSIVE BUSINESSES Bye-laws as to, 01 ; enforcement of, by borough council, 90 OFFICERS Accounts of, and audit of accounts, 126, 127, 131 of Administrative vestries and district boards — Accountability of, ISO — Application of enactments concerning, to officers of borough council, 181 — Appointment of, 177, 178 — Prohibition against their being interested in contract with vestry or board, 178-180 — Security to be given by, 180 — Superannuation of, 180, 181 — Tenure of office of, 178 Assistant overseers, 1S4-18* of Borough council, 177-188 Clerk of vestry, 181 Index. 26- OFFICERS— . -unlinm ,1 . Collectors — of Poor rates, 185 187 — of Bates under Iferropolu Management A.cts, i s T -of Rates connected with church or incumbent, 157 Deputy town clerk, n">9 Disqualification of paid officer for membership of council, 26 Existing — Abolition of office of, 177 — Compensation to, fori office &c, 188 192— Continuana i I in office for purposes of audit of receipts and expei diture before appointed day, 194 — Definition of, 192 — Relinquishment of office by, 177 — Securi ties of, 187, Tenure of office of, 188, 189— Transfer of, to borough c until, 177 Town clerk, 71, 75, 184; and Bee Town Clerk Vestry clerk, 181-184 OP1JN SPACE, not to be alienated by borough council, 193 OPPOSITION to Bill in Parliamenf by borough council, 93, 94, 96 108: and see Borough Funds Act ORDER IN COUNCIL Adaptation hy --of enactments as to Registration of electors, 170 — of Transitory provisions of Local I rovernment Act, 194 for Addition of urban district to London, 154 Boundaries to be fixed by — of Metropolitan boroughs, I — of Wards, 5 for Confirmation ofschi me, 150 Creation of Metropolitan boroughs by, 1 ; draft of such order to b< laid before Parliament, 137 Dates for retirement of first councillors and aldermen to be fixed by, 170 Detached parts of parishes to be dealt with by, 153, 154 Division of parish by, 153 Establishment of borough councils hy, I Incorporation of borough councils by, I List of subject matters for, 137 Name of borough to be di termined by, 170 Number to be fixed by— of Councillors, 5 — of Wards, 5 Penge to be dealt with by, 156 Preparation and settlement of, 136, 137 Provisions as to first constitution of borough council to he made by, I7n as to Register of electors in year L900, 170, 1 i I Scheme may be made to carry order into effect, L40 fur Separation of Kensington Palace from Westminster, L56 ORDERS of Borough council for payment ofmoney — Recommendation for, finance committee, 110; exception, 111— Removal of by certiorari, 1 12 — Signature of, 1 L2 Existing, saving for, 195 of Local Government Board, Bee Local Gom nan- ui Board, ordi rs of Provisional, see Provixional Order ORDINARY DAY OF ELECTION. 70 OVERSEERS Appointment of officers to assist in discharge of duties of, 122 Assistant, see Assistant overseers Borough council to be, 122 Churchwardens to cease to be, 159 Duties of— as to Jury lists, transferred to town clerk, 122 — as to Regis- tration of electors, transferred to town clerk. 122; adaptation of enactments, 170 Existing, continued in office till borough councillors come into office, 171 268 Index. OVERSEERS— continued. Local Government Board empowered to confer appointment of, or powers of, on other authorities, 143, 144 Officers assisting, transferred to borough council, 177 Property vested in, alone or jointly with churchwardens, transf. rred to borough council, 159; saving for property connected with affairs of the church or held for ecclesiastical charity, 159, 160 Signature of town clerk substituted for signature of, 122 Substitution of nominees of borough council for, as charity trustees, 103 OWNER Definition of— in London Building Act, 20.")— in Public Health Act, with reference to right to vote, 99 Objections by, at audit, 130 Saving for interest of, in hereditament exempt from rates, 113 OWNERS AND RATEPAYERS Consent of, required to expenditure on parliamentary proceedings, !>4 Meeting of, to pass resolutions, with reference to parliamentary oro- ceedings, 96-99 Petition by, against scheme, 1 50 Poll consequent on mteting of, 99-107 ; and see Poll Register of, not required to be kept, 98, 99 P. PARISH Apportionment of expenses of borough council between parishes, 114, 1K1 Boundaries— Alteration of, by order in council, 153, 154 ; by scln me, 13!>, 141, 142 — Borough boundaries not to intersect, 153 Council — Powers of, 144-147; as to charities, 163-167; such powers may be conferred on other authorities by order of Local Govern- ment Board or scheme, 143, 144, 166 Detached parts of, to be dealt with by order in council, 153, 154 every Part of London outside City to be in some parish, 153 PARLIAMENT Draft of Order in Council forming metropolitan borough to be laid before, 137 Bill in, promotion of or opposition t > by borough council, 93, 94, M- 108 ; and see Borough Funds Act Confirmation by— of Provisional Order. 171, 172— of Scheme, 150- 152 PARLIAMENTARY Borough., saving for boundaries of, 192 County, saving for boundaries of, 1 92 PAROCHIAL CHARITY, see Charily ELECTORS Conclusiveness of register of, 20, 21 Definition of, 18, 19 Election by, of councillors, 18 Eligibility of, for office — of Alderman, 8— of Councillor, 21— of Mayor, I Lists of, when to be signed and come into force, 70 ; in year 1900, 170 Marriage not to disqualify women for registration as, 20 Nomination of candidates by, 36 Qualifications for registration as, 19, 20 Registration of, in respect of several qualifications, 21 IlliltX. 269 PAROCHIAL RELIEF Disqualification by receipt of -of Elector, -I — for Membership of council, 26, 27-29— to be Tenant of 1 idgings provided under Housing of Working Classes Act, 218 PAUPER Disqualification of— to be Elector, 21 — for Membership of council, •j<;, 27-29- to l»- Tenant of lodgings provided und< r Housing of Working Classes Act, 218 ■■ Vote at certain elections, 21 Settlement, Baring for, usually made on alteration of parish boundaries, 143 PAYMENT to or by Borough council, how to be m ide, 1 12 Order of borough council fur — RecommenHationlof finance committee as to, 110— Removal of, by certiorari, 112— Saving as to orders foi payments to meet precepts, Ml — Signature of, 112 PENGE, provisions as to, 156 PERSONATION a Corrupt practice, 16 Definition and Meaning of, 53 PETITION against Election, 60-63 : application of provisions concerning, to members of borough council. 15 for Provisional order authorising compulsory acquisition of lam), 211 against Scheme, L50, 152 PLACARD referring to election to bear name and address of printer and publisher, .~>7, 58 POLICE Saving as to, with regard to schemes, 139 Voting by, at elections, 21 POLL at Election — Conveyance of electors to or from, restrictions with regard to, 53, 54, 55, 56 — Hours of, 36 of Owners and ratepayers, with reference toe mseut to expenditure on parliamentary proceedings, 98-108— Application of rules for election of local board, 98— Claims to rote, 98, 102, 104; forms, 102- 104— Demand of. 98— Expenses of, 99, lu7— lost of votes, 107; inspection of, 107 — Notice of. 104, 105 — Owner defined for purposes of, 99 — Penalties for offences connected with. L07 — Proxy, owner may vote by, L01 ; appointment of proxy, 101, forms, mi, L 02, stamp on, 1 02 — Qualification of voters, 99-102 — Rate books to be open to inspection by returning officer, 105-xRatepayer defined, 99, 100— Returning officerat,98— Scale of voting, 101 — Times for proceedings, 99; computation of time. lo7— Voting papers, application for, by person entitled to vote. 106; collection of. L06; counting of. 106, |i>7 ; delivery of, 106; filling up of by voter, 106; form of, 105 POLLING AGENTS, restrictions en employment of, 38, :!'.', ">7 POOR LAW UNION, meaning of, 125 RATE Application of enactments concerning, to general rate, 1 13, 1 14 . Levy of, as part of general rate, IK! POSTER, referring to election to bear name and address of printer and publisher, 57, 58 270 Index. POWERS Area for exercise of, by borough council, 85 Construction of enactments relating to transferred powers, l'.>2 Definition of "powers," and; of "powers, duties, and liabilities,'* £95, 196 of Entry on premises. 91, 92 Exercise by borough council of certain powers of London County Council, 86, 206, 207 of Parish council — as to Charities, 163-167 — may be Conferred on other authorities, by Order of Local Government Board, 143, 144; by scheme, 13'.), 143, 144; summary of powers that may be so con- ferred, 144-147 Saving for exercise of, for purpose of discharging existing obligation &c, 194 Summary determination of question as to transfer of, 176 Transfer of — from Authority under adoptive acts to borough council, 76 ; to elective vestry by order of local government board, 77, 78, S3, 145 — from Borough council to London County Council ; by pro- visional order, 87, expenses of powers so transferred, 108 — from Common council of city to London county council, by provisional order, 87 ; expenses of transferred powers, 108 — from District board to borough council, 7,1 — from Elective vestry, to borough council, 71 ; to inhabitants, 157 — from London county council, to Borough council, by London Government Act, 80 ; by provisional order, 87 ; expenses of transferred powers, 108 : to Common council of city, by provisional order, 87 ; expenses of transferred powers, 108 — from Overseers, to borough council, 122; to town clerk, 122 — from Parochial authorities to vestries and district boards, 74, 75, 157-15!), 167, 108 — in Penge, 15b' — from San.tary authority in default to London County Council, '.'2 PRECEPTS of Administrative vestry, 11G-11S Current, saving for, 11)4 Definition of, 123 of District board, 116-118 Execution of, by borough council, 123 Form for, to be prescribed by Local Government Board, 123 Service of, on borough council, 123 PRINTER, name and address of, to appear on documents relating to elections, 57, 58 PRIVY COUNCIL Committee of, for purposes of London Government Act, 136, 137 — Expenses of, 13'J — Powers of as to scheme, 150-152 Lord President of — Appointed day to be fixed by, 193, 194 — Dates for first elections to be fixed by, 70 Order of, as to dairies and milk, 90 : and see Order in Council. PROCEEDINGS of Borough council, 65-69 — Application of law as to proceedings of administrative vestry, 18 — Bye-laws as to, 69 — in transaction of Financial business, 110-112 of Committee of borough council, 109 ; bye-laws as to, 09 of Joint committee, 111, 112 Legal — Expenditure on, 93-96 — Savings for pending, 194, 195— of Local Government Board, 172, 173 PROMOTION of Bill in Parliament by borough council, 93, 94, 9G-108, and see Borough Funds Act. Index. z- 1 PBOMOTION"— continued, of Provisional order, cost* of, 172 of Scheme, costs of, 15] PROPERTY of Authority under adoptive Acts, transfi w d to b rough oonnc Buildings in churchyards transfer* ngh council, in i cases, L59 Church p operty, interest of vestrj in, to be rested in incumb churchward* ns, 157 of Churchwardens unci overset re, transfi rred to borough council, 159; ring for property connected with affaire of the church or held lor ecclesiastical charity, 159, 160 Definition of, 195, 196 of District board, transferred to borough council, 71 of Elective vestry, transferred to ouncil, 71 of Overseers, transfi rn d to borough council, i g for property conn, cti d \\ itii affairs of the church or held for i cal charity, 159, I") Summary d. termination of question as to transfer of, 176 PROVISIONAL ORDER Application of provisions of Public Health concerning, to provisional orders under London Government Act, 171 for Compulsory acquisition of land, 21 1. 215 Confirmation of. 171; opposition to confirming bill, 171, 172 Costs of prom »ting or opposing, \~'l Expenses of obtaining, 171, L72 Expression '• local Act"' includes. 195 Local inquiry with regard to, 171 Notice of intention to make, 171 Promotion of bill for objects obtainable by, 94 Repeal of, by subsequent provisional order, I7ii for Transfer of powers — from Borough council to London County Council or vice versa, s7 — from Common Council of City to London County Council or vice versa, 87 PROXY, owner may vote by, at poll consequent on meeting of owners and ratepayers, 101 : ami see Poll. PUBLIC HEALTH ACTS Accounts, 129 -131 : application of provisions concerning, to accounts county councils. 127, 128, and hence to accounts of borough council.-, 126 Acquisition of land, 214-216 ; application of provisions concerning, to county councils, 214, and hence lo borough councils, l!(>7 Application of— to Penge, 156— in Woolwich, L55 Audit, 129-131 ; application of enactments concerning, to audit of accounts of count\ councils, 127. 128, and hence to audit of accounts of borough councils, 120 Bye-laws, 219, 220, 222; application of provisions concerning, to laws of borough councils for certain purposes, 219, 220, 222 Meeting of owners and ratepayers, and poll consequent thereon, 9 - 107; application of provisions with reference to consent of owi and rati payers to expenditure on parliamentary proceedings, 94, 96 Proceedings of Local (■ovemment Board, 173; application of pro- visions concerning, to proceedings under London Government Act, 17'-'. 17:; Provisional orders, 171, I7_' ; application of piw isiona concerning, to provisional orders under London Government Act, 171 Repeal ><{', as to Woolwich, l.">l See also the Table of Statutes. 272 Index. PUBLIC HEALTH (LONDON) ACT Bye-laws — as to Dairies and milk, ltd, 91 — as to Offensive businesses, 91 Default of sanitary authority, 02; application of provisions concerning, for certain purposes of London Government Act, 90, 199 Orders may be made as to dairies and milk, 90 Powers of entry, 91, 92 Registration of dairymen, 91 Saving for existing bve-lasvs, regulations, &c, 91 See also Table of Statut -s. — LIBRARIES ACTS, 82-85; committee for purposes of, 108 see also Adoptive Acts. PUBLISHER, name and address of, to appear on document connected with election, 57, 58 QUALIFICATION of Alderman, 7-10 of Councillor, 21-26 of Mayor, 7-10 of Parochial elector, 19, 20 QUORUM of Borough council, 69 of Committee — of Borough council, 109 — of Privy council, 137 of Joint Committee, 111, 112 R. RAILWAY AND CANAL COMMISSIONERS Complaint to, 212, 213 ; of default of metropolitan water compmy, 95, 96 RATE Accounts in respect of, 126 Adjustment to prevent injustice with respect to incidence of, 139 for Church purposes, 157-159; collection of, 157 Collectors, 184-187 ; transfer of, to borough council, 177 Committee of borough council not to make, 109 Current, saving for, 194 Demand note for, 124 Exemptions from, saving for, 113 General rate — Existing general rate, 115, 116-119 ; agricultural rates act applicable to, 122 — Expenses of borough council charged on, 113 — New general rate, application to, of law relating to poor rate, 113, 114; general rate to be levied as part of, 113; poor rate to be levied as part of, 113 ; rate levied in particular area to be levied as item of, 114; saving for rights of tenant against landlord in respect of part of rate representing sewers rate, 122, 124 — Various meanings of the expression, 115 Joint committee not to make, 111 Lighting rate— Discontinuance of, 113 — Exemptions from, 121, 122 — Levy of, 115, 119— Precepts for, 116, 117, 118 Poor rate — Application of law concerning, to new general rate, 113, 114 — Levy of, as part of new general rate, 113 under Public Libraries Acts— Limitation on, 82, 83— Partial exemption from, 84, 85 Saving for power to levy, to meet existing liability, 104 Sewers rate — Discontinuance of, 1 1 3 — Exemption from, 119-121 — Levy of, 115, 119 — Precepts for, 116-118 — Saving for rights of tenant against landlord in respect of, 122, 124 Index. 273 RATEABLE VALUE Apportionment of expenses of borough com, ling , , u± Definition of, [95 RATEPAYER Meaning of the expression, LOO Objection by, at audit, 130 and Owner's, see Ovmen and Rate} RATIFICATION of acts of committee, 1 10 RECOVERY, of soma certified to be dm by auditor, 135, RECREATION GROUND, saving with regard to alii nation of, RE-ELIGIBILITY for Office, 36, 39, II. 12; in case of alderman or mayor, 8, 9 REFRESHMENT ROOMS, not to be used as candidate's committee • room nor for eli d ion meetings, 58 REGISTER OF PAROCHIAL ELECTORS, L8-20 Conclusiveness of, 20, 21 Date of coming into op ration of, 70, L70, 171 Qualifications for registration in, 19, 20; persons with more than one qualification, 21 REGISTRATION of Dairymen, 91, 199 of Electors — Adaptation of enactments, 170 — Duties of town clerk, 71 122 — Time fur coining into operation of lists, 70, 170, IT] REGULATION OF RAILWAYS ACT Arbitrations, 174-176; application of provisions concerning, to arbitra- tions by Local (iovemment Board, 17;! REGULATIONS as to Dairies and milk, DO, 91 ; enforcement of by borough council, 90 of Metropolitan water companies, 210-212; pow< rs of borough council as to, 207, 210-212 Saving for existing, 195 RELIEF againsi Consequences of offences again.-t elect! >n law, 58-60 Disqualification by rei eipt of— to be Elector, 21— for Membership of council, 26, 27-2! 1 REMUNERATION of mayor, 17, 18 RENT, deduction from, in respect of sewers rate or its equivalent, I22, 124 REPAIR of Highway repairable by London County Council, borough council may be required to undertake, 89 of Main road, 87 REPEAL of Local Act by scheme, 140, 147, 1 18 of Metropolis Management Acts, as to Penge, 156 of Provisional order, by subsequent provisional order, 172 of Public Health Acts as to Woolwich, of Scheduled enactments, 197 ; schedule, 224-227 REPORT by committee of their proceedings, 109 RESCISSION of previous resolution by borough council, 274 Index. RESIDENCE Meaning of, 22-26 Qualification by, for membership of council, 21, 22 RESIGNATION of Office, 36, 39, 41 ; in case of mayor or aldermen, 16 RETIREMENT, see Term of office. RETURN as to Accounts, by treasurer of municipal borough, 128, 129; provi- sions concerning, applied to accounts of treasurer of county council, 127 ; question whether they apply to accounts of treasurer of metro- politan borough, 12S RETURNING OFFICER at Elections, 36, 38 at Poll consequent on meeting of owners and ratepayers, 08 ; and see Poll. RIBBONS, payment for, for election purposes, prohibited, 56 RULES FOR ELECTIONS Order containing, as to elections of vestrymen, 37-42 Power of Local' Government Board to frame, 35 Provisions to be contained ju, 36, 37 Statutory force of, 37 S. ST. PETER, WESTMINSTER, Dean and Chapter of Collegiate Church of, to be deemed^a local authority for purposes of scheme, 148 SALE of land by borough council, 92 SAVINGS . , for Accounts of receipts and expenditure before appointed day and audit of such accounts, 194 for Affairs of the church, 157, 159, 160 for Boundaries of parliamentary boroughs and counties, 192 for Church— Property, 157, 159, 160— Rates, 157 for Current rates and precepts, 194 for Existing Bye-laws, 195— Compositions, 148 — Contracts, &c, 195 —Contributions, 148— Debts, 194— Exemptions, 148— Orders, 195 Regulations, 195— Securities, 194— Valuation lists, 194 for Interests of owners and occupiers of hereditaments wholly or partly exempt from rates, 113 for Legal and other proceedings and causes of action, 194, 195 for London Building Act, 140 for London (Equalization of Rates) Act, 193 for London School Board, 193 for Open spaces, 193 for Privileges of Crown or Government Department, 139 for Property of churchwardens and overseers, connected with affairs of the church or held for an ecclesiastical charity, 159, 160 for Recreation grounds, 193 tor Tenants' rights in respect of sewers rate, 122, 121 SCALE . ,. «. mn mi of Compensation to existing officers, 190, 1J1 of Election expenses, 37, 43, 44 of Stamp duties on financial statements, 133 of Votes of owners and ratepayers at poll consequent on meeting with reference to Borough Funds Act, 101 Index. 275 SCHEME Amendment of, in cases of soheme under Municipal Corporatio \ it, 151; question whether there i> .-molar power of amendii under London Governmenl Act, L62 Commissioners to pri pare, 136, 137 Committee of Privy Council to settle, 136, 137 Confirmation of, 150, r>_: Costs of promotion of, or opposition to, i.'.i List— of Provisions expressed to bi subject to, 140 — of Bubjeol matters for. 111) under Municipal Corporations Act, application of enactmi i_-cniin.LT, to Bchemes onder London Governmenl A< B, 152 Notification— of Draft having been pr< pared, 152 — of Scheme having been settled, L52 Objections to draft Bcheme, r>l Petition:' me, 150; where 1. ill I ation of Boheme is pending, l ■•- Reference of dia fi to governmenl departments, 150, 15] Statutory force of scheme when confirmed, 152 Subject matters for— Adjustments for carrying Act into effect, 139, 117, lis — Charities, 163, 165 — Discontinuance of separate lighting rates and Bowers rates, 1 13— giving Effect to Ad or « Irdi r in Council, 140— Electoral divisions for school board elections, L39 — Existing officers, L92 — Interest of vestry in church property, 157 — Local acts, their repeal or modification, 140, 147, L48 — Local authorities, their powers, constitution, &c, L39, 141, 142; what bodies are local authorities for this purpose, 1 is, 150 — Parish boun- daries and consequential matters, 139, 111, 142 — Penge, property and liabilities of, and application of enactments in, 156 — Powers exercisable in particular ana, 85 — Preservation of privileges of Crown or Government Department in respect of property, 139 — Protection of interests of owners and occupiers of hereditaments exempt from rates, 113 — Rates connected with a church <>r an incumbent. 157 — Transfer, of powers under adoptive nets to borough council, 7U; of powers of vestry as to affairs of the church to inhabitants, 157 — Use of buildings in churchyards for church purposes, 159 — Vesting of parish council powers iu borough councils, 139, 143-147— Woolwich, application of* nactments in, 154 SCHOOL Board — a Local authority for purposes of schemes, 151 — for London, electoral divisions for election of, 147, alteration of such divisions by scheme, 139; saving for jurisdiction of, L93 Rooms, use of, for elections, 36 SECRETARY OP STATE Allowance by, of costs of legal or parliamentary proceedings, 94 Approval of, to expenditure »u Parliamentary proceeding Inquiry by, under Borough Funds Act, 9 1 Scheme to be referred to, before being settled, 1 51 ' SECURITY Assistant overseers required to give, 186 Collector — of Poor rates to give, 1SG — of Rates under Metropolis Management Acts to give, 187 of Existing officer, 187, 188 Officers of administrative vestries aud district boards required to give, in certain eases, 180 Saving for existing security charged on property or rates, 194 Vestry clerk may be required to give, 183 SERVICE, of precepts on borough council, L23 276 Index. SETTLEMENT, saving for, usually made, on alteration of parish boundaries, 14:^ SEWERS RATE Discontinuance of, 113 Exemptions from, 119-121 Levy of, 115, 11 9 Precepts for, 116-118 Tenants' rights in respect of sewers rate, or its equivalent, agiinst landlord, 122, 124 SHORT TITLE, of London Government Act, 197 SIGNATURE of Cheques for payment under order of borough council, 112 of Documents now requiring signature by overseers, 122 of Orders of borough council for payment of money, 112 SKY SIGNS Removal of. 203-205 ; powers in respect of, transferred to borough councils, 199 SLAUGHTER-HOUSES Bye-laws as to, 91 ; enforcement of, by borough council, 90 SOUTHWARK, powers of city authorities and their officers in, may be dealt with by scheme, 148 STAMP DUTY on Financial statements, 132, 133 Securities of assistant overseers and collectors of poor rates exempt from, 186 on Statutory declaration, 192 STATUTORY DECLARATION as to Compliance with Borough Funds Act, 107, 108 by Officer claiming compeusation, 189, 191 Stamp duty on, 152 STOPPING UP of street by borough council, 89 STREET Closing of, by borough council, 89 Definition of, in London Building Act, 206 Obstructions in, "205, 206 ; powers of London County Council with regard to, transferred to borough councils, 199 TJ CCESSORS, borough councils to be, of elective vestries aud district boards, 71 SUMMONING OFFICER of Meeting of owners and ratepayers, 97 — to be Chairman of meeting, 98 — Copy of resolution to be published and sent to Local Government Board by, 99 — Notification by, of meeting, 98 — to be Returning officer in case of poll, 98, and see Poll. SUNDAY, provision when ordinary day of election falls on, 70 SUPERANNUATION ALLOWANCES under Poor Law Officers Superannuation Act, 187 ; difficulty in case of officers entitled to, transferred to borough council, 187 under Superannuation (Metropolis) Act, 180, 181 Index. T. 277 TENANT, Bavlng for rights of, against landlord, in reaped of Bewera rate or its equivalent, 122, 121 TENURE OF OFFICE of Assistant overseer, 185, 186 of Collector of poor rates, 185, 186 of Existing officers, 188, 189 of Officer appointed under Metropolis Bfanagi men! Acts, 178 of Vestry clerk, is:; TERM OF OFFICE of Aldermen, 16; first aldermen, I7i» ; alderman appointed to till casual vacancy, l<; of Charity trustee, under Local Government Act, 1894 .. 164, 107 of Councillor, 7(t; first councillors. 170 of Existing members of elective vestries and district boards, auditors, and overseers, 171 of Mayor, 16; mayor appointed to fill casual vacancy, 16 of Members of joint committee, 1 1 1 TIMBER STACKS Provisions of London Building Act as to, 209, 210; enforcement of such provisions by borough council, 206 TORCHES, payment lor, for election purposes, prohibited, 56 TOWN CLERK Clerk of borough council to be called, 71 Deputy — Appointment of, 169 — Signature of cheques by, 112 Duties of — as to Jury lists, 122 — as to Registration of electors, 71, 122 ; adaptation of enactments, 170 Incompatability of office, with that of treasurer, 178 Office of, 184 Precepts may be addressed to, 123 Resignation of alderman or mayor to be addressed to, l(j Signature by — of Cheques, 112 — of Declaration of vacancy on council, 16, 27 — of Documents requiring signature of overseers, 122 — of Lists of voters, date for, 70 — of Orders for payment of money, 1 1 2 TRANSFER Construction of enactments relating to functions transferred to borough council, L92 of Interest of vestry in church property, to incumbeut and church- wardens, 157 of Main roads, to borough council, 87 of Officers, to borough council, 177 ; scheme with reference to, 192 of Powers, &c. — from Authority under adoptive acts to borough council, 70 ; to elective vestry by order of local government board, 77,78,83, 145 — from Borough council to London County Council by provisional order, 87 ; expenses of powers transferred by pro- visional order, 108 — from Common council of city to London County Council, by provisional order, 87 ; expenses of transferred powers, 108— from District board to borough council, 71 — from Elective vestry, to borough council. 71 ; to inhabitants, l. r )7 — from Londou County Council, to Borough council, by London (iovernment Act, 85; by provisional order, 87; expense of transferred powers, 108 : to Common Council of City, by provisional order, 87 ; expenses of transferred powers, 108 — from Overseers, to borough council, 122; to town clerk, 122 — from Parochial authorities, to vestries and district boards, 74, 75, 157-159, 107, 108 — in Penge, 156 — from Sanitary authority in default, to London County Council, 'J2 278 I/idex TRANSFER— continued. of Property— from Authority under Adoptive Acts to borough council, 7G— Buildings in churchyards, 159— from Churchwardens and overseers to borough council, 159; saving as to property connected with affairs of the church or held for ecclesiastical charity, 159, 160 — from District board to borough council, 71 — from Elective vestry to borough council, 71 — from Overseers to borough council, 159 ; saving us to property connected with affairs of the church or held for ecclesiastical charity, 159, 160 Summary determination of questions as to transfer, 176 TRANSITORY PROVISIONS, 194, 195 TREASURER Incompatibility of office with that of clerk, 178 Payments by or to borough council, to be made by or to, 112 Power to appoint, 177 TREASURY Appeal to, as to compensation to existing officer, 190 Certificate of, as to expenses of Committee of Privy Council, 139 TREATING- a Corrupt practice, 46 Definition of, 46 Excuse with regard to, 58 Meaning of, 46-48 TRIENNIAL ELECTIONS Power of Local Government Board to order, 69, 70 Rescission of order for, 70 TRUSTEES Definition of in Local Government Act, 1894.. 161 of Poor, under local Act, a local authority for purposes of schemes, 148 see also Charity u. UNDUE INFLUENCE a Corrupt practice, 46 Definition of, 48 Excuse in respect of, 58 Meaning of, 48, 49 UNION Assessment committee of, 124, 125 Relief, disqualification by receipt of — of Elector, 21 — for Membership of councd, 26, 27-29 URBAN DISTRICT Annexation of, to county of London, 154 Penge may be constituted, 156 V. VACANCY, CASUAL, see Casual Vacancy VACATION OF OFFICE for Absence, 17, 27, 33, 34 upon Disqualification, 27, 34, 35 VALUATION LIST, saving for existing, 194 Index. 279 VESTRY, aee AdminiatraUvi vestry; Electiw I CLERK Appointment of. 181, 182 Duties of, 182, 183 Existing, 183, 184 Office of. distinol From that of clerk ol v- Btry, 181 Remuneration of, is^ Security" may be required from, 183 Tenure of office of, 183 VESTRYMEN AND AUDITORS (LONDON) ELECTION ORDER, 37-42 VICE-CHAIRMAN, whether borough council can be empower appoint, 66, 67 VOTERS Lists of — Adaptation of enactments concerning, 170— Duties of town _ clerk as to, 71, 122 — Time lor their coming into operation, To, 170 under Public Libraries Act, 83 ; effect I Government Act on their powers, 83, 8 1 VOTING at Meetings — of Borough council, 67— of Owners and ra1 Papers — at Election of aldermen, K>, 14 — at Poll of owners and rate- payers, 105-107 at Poll of owners and ratepayers, 106 — Right to vote, 99-102 — Sc '. number of votes, 101 — See also Poll w. WARDS of Metropolitan borough, ."> ; alteration of, 169 of Parish, for election — of Guardians, 6 — of Vestrymen, 6 WATER Company, Metropolitan — Complaint to Railway and Canal I missioners of default of , 95, 96 — Regulations of, 210-212; powers of London County Council as to such reguL borough council, 207 Consigner, borough council may aid, in litigation with watei pany, 96 WESTMINSTER Dean and Chapter of Collegiate Church of St. Peti r, to be d 1 local authority for purposes of scheme, I 1.S Kensington Palace may be detached from, WOMEN Disqualification of, for membership of council, i Qualification of, to be- parochial electors, WOODEN STRUCTURES Provisions of London Building Act, as to, 199-203; enforcement 1 f,l»j borough council, l!t'.» WOOLWICH Application to, of metropolitan enactments. 154 Local Board of Health of, 154, 155; Baying for certain existing powers of, 156 WORKING CLASSES, lodging-houses for, 216-219 LONDON: PRINTED BY WILLIAM CLOWES AND SONS, Lihited, STAMFORD STREET AND CITAEKG CROSS. 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