Effect on district boards. 3 the sheriff of Middlesex is taken from the Livery of the City,' and a sheriff of the new county of London will be appointed by the Crown. The appointment of common serjeant and of the judge of the City of London Court is also taken from the Common Council and given to the Crown;3 and the sanction of the Crown will be necessary before any recorder appointed by the court of aldermen can discharge judicial functions. The jurisdiction of the Court of Aldermen in the granting of music and dancing licences is transferred to the London Council, and the jurisdiction of the same Court under the Acts as to explosives, weights and measures, petroleum, reformatory and industrial schools and pauper lunatics, are transferred to the corporation acting by the common council. The powers of the two representatives of the Court of Aldermen at the general assessment sessions under the Valuation Act of 1869, have been now limited to city of London cases. With these comparatively unimportant changes the city of London is legislatively unaffected by the Act." 6 9 Vestries and district boards are only affected by the Act in vestries and four ways. First, they are relieved from the cost of the maintenance and repair of main roads; and they may also apply to the London Council to declare other roads to be main roads, and thus to relieve them of their cost. Secondly, they may have the cost of ordinary highways and footpaths lessened by contributions from the London Council.10 Thirdly, they may receive one half of the salaries of medical officers appointed in future, but will lose their absolute control over such officers." The precepts for the Consolidated Rate will no longer be sent to them.12 Authorities unaffected. The metropolis. The Act does not affect the constitution or functions of the Metropolitan Asylums District Board: the boards of guardians, or other poor law authorities: the School Board for London, or the Thames or Lea Conservancy Boards: the burial boards: the commissioners of baths and washhouses or public libraries: the police force, or the companies supplying water or light. It is practically confined to the constitution of a directly elected county authority on municipal lines, and to the changes directly consequent thereupon. Area of Government. Under the Metropolis Local Management Act, 1855, the metropolis was defined to include the city of London and the parishes and places mentioned in Schedules A, B and C to that 1 L. G. A., sec. 46 (6). 7 But see note to next paragraph as to future main roads, &c. 8 L. G. A., sec. 11 (1). 9 L. G. A., sec. 41 (4). 10 L. G. A., sec. II (10). 12 These matters apply 18, 24 (2) (c), and 88 (c). Act. The city of London continued to be a county of itself, and the remainder of the metropolis was situated in parts of the counties of Middlesex, Surrey, and Kent. 2 London. The county of the city of London remains for the present a The adminis county for non-administrative purposes, i.e., for the purposes of trative quarter sessions, justices, militia, coroner, sheriffs, etc. For all county of other purposes it is merged in the metropolis, which is for all administrative purposes constituted a county by the name of "the administrative county of London." 3 For non-administrative purposes the metropolis outside the The county city of London is constituted a county by the name of "the of London. county of London." The result is that for non-administrative purposes there will be two counties, the county of London and the county of the city of London, but for all the other purposes of the Act the metropolis will be one county, and will be subject to the jurisdiction of the London Council. Constitution of the Council. The Act establishes in London a council to be known as the General "London County Council." It is to be a body corporate with provisions. perpetual succession and a common seal, and with power to hold land for the purpose of its constitution.5 The council and the members are (subject to special provisions in the Act) to be constituted and elected, and to conduct their proceedings as in a municipal borough. The result is, that many of the provisions of the Municipal Corporations Act will apply in London. 6 The London Council will consist of a chairman, 19 aldermen, Number. and 118 councillors, making a total of 137, or if the chairman is elected from outside the council, of 138.7 The Chairman. In the London Council, as in other councils, the title "chair- Election. man" is to be substituted for that of "mayor." The chairman will be elected by the council either from amongst their own body or from outside. Their area of choice is practically unlimited, and any "fit person" qualified to be a councillor, whether a member of the council or not, may be elected. An outgoing alderman cannot as such vote in the election of chairman." The first chairman of the London Council will be elected by The first 1 18 & 19 Vict. c. 120, sec. 250. 2 The mayor, commonalty, and citizens may, however, consent to the functions of city quarter sessions and justices being conferred on the quarter sessions and justices of London: L. G. A., sec. 40 (3). 3 L. G. A., sec. 40 (1). 4 L. G. A., sec. 40 (2). 6 M. C. A., 1882 (45 & 46 Vict. chairman. Chairmen generally. the provisional council, as stated in Chapter VI.1 The chairman so elected will hold office until November 7, 1889. The ordinary day of the election of chairman is November 7, in each year, and such election is the first business to be transacted at the meeting to be held on that day. The chairman's term of office is thus, one year, but the retiring chairman will continue in office until his successor has accepted office and subscribed the required declaration.* He is eligible for reelection." When the chairman is elected from the aldermen or councillors, such election will not vacate the office of alderman or councillor held by him. If he is elected from outside the council then he becomes a member of the council by virtue of such election. The chairman will vacate office on bankruptcy or on making a composition with his creditors, but prolonged absence is no longer a disqualification." He will by virtue of his office be a justice of the peace for the county. The council may pay to him such remuneration as they think reasonable." 8 The chairman of the London Council must preside at every meeting of the council at which he is present.10 The Deputy Chairman. The London Council may from time to time appoint a deputy chairman and may pay him such remuneration as they think fit.1 Any "fit person is eligible for the office,12 and if an alderman or councillor is appointed it seems that on acceptance of the office of deputy chairman he would vacate that of alderman or councillor.13 The council may make rules as to the duties of the deputy chairman, but, subject to any such rules, anything authorized or required to be done by, to, or before the chairman may be done by, to, or before the deputy chairman." The London Council will probably allocate the duties of chairman and deputy chairman by standing order. The deputy chairman holds office during the term of office of the chairman.1 3 M. C. A., 1882, 61 (2). 4 M. C. A., 1882, 15 (3). 15 5 M. C. A., 1882, sec. 37. 6 M. C. A., 1882, sec. 39. 9 M. C. A., 1882, 15 (4). The chairman of the Metropolitan Board of Works is, under the Metropolis Management Act, to be elected annually and may be paid. The present chairman has been re-elected for many years, and receives a salary of £2000 a year. The work devolving upon him has been extremely heavy. 10 M. C. A., 1882, Sched. 2, г. 9. 11 L. G. A., sec. 88 (a). 12 Ibid. 13 M. C. A., 1882, sec. 12 (a). 14 L. G. A., sec. 88 (b). 15 L. G. A., sec. 88 (a). The Aldermen. The number of London county aldermen is, as already stated, Number. not to exceed nineteen-or one-sixth of the number of councillors. These aldermen are to be elected by the council, but persons who are already aldermen cannot vote at the election.3 The qualification of aldermen is the same as that of county Qualification. councillors, and a person who is already a county councillor is eligible; but if a councillor is elected an alderman, he will, on acceptance of the office of alderman, vacate that of councillor." Retiring aldermen are re-eligible. 8 The ordinary day of election of aldermen is the 7th November, Election. and the election must be held immediately after that of the chairman. There is no statutory provision as to method of nomination. Any person entitled to vote in the election of aldermen may vote for as many persons as there are vacancies to be filled, and in the case of an equality of votes, the chairman will have a casting vote.1 10 Every person entitled to vote may do so by signing and personally delivering at the meeting, to the chairman, a votingpaper 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 produces and reads them, or causes them to be read. He then declares the result. The term of office of aldermen is six years, 12 but ten or nine Term of will retire in alternate three years, 13 the aldermen so retiring office. being those who have been aldermen for the longest time without re-election.14 As in the case of the chairman, aldermen vacate office on Vacation of bankruptcy, &c.,15 and they also vacate office if continually absent office. from the county for twelve calendar months, except in cases of illness.16 The first county aldermen are to be elected by the provisional First aldercouncil at their first meeting," and ten of the aldermen then men. elected will retire on the 7th November, 1891, the ten being determined by ballot by the provisional council at the time of election.18 The remaining nine will retire on the 7th November, 1894,19 and so on in each successive third year, ten and nine aldermen respectively who have been six years in office will retire. 1 L. G. A., sec. 40 (5). 2 M. C. A., 1882, sec. 14 (1). 19 Ibid., sec. 11 M. C. A., 1882, sec. 60 (4). 15 M. C. A., 1882, sec. 39. M. C. A.. 1882, sec. 39. 17 L. G. A., sec. 105 (3). Casual vacancies. Nature of office. In case of any casual vacancy in the office of alderman, the council will proceed to elect another alderman either from amongst themselves or from outside. The proceedings at such election will be the same as those already mentioned. The day of election must be fixed by the chairman, and held within fourteen days after notice in writing of the vacancy has been given to the chairman, deputy chairman or county clerk by two county electors. The alderman so elected will hold office for the remainder of his predecessor's term of office.2 There is no difference between the position of aldermen and councillors, except so far as tenure of office and title are concerned. The office of alderman was retained in municipal boroughs by the Municipal Corporations Act, 1835, in order to permit of the election of eligible men from outside the council. In most boroughs, however, the election has been of men who were already councillors. The Councillors. Qualification. Speaking generally, any person who is registered and entitled to be registered as a London county elector, is qualified to be elected and to act as a London Councillor.3 It is, however, necessary that a councillor who relies upon this qualification alone should actually reside within the metropolis. If he ceases to reside within the county for six months his seat is vacated.* Disqualification. This disqualification on account of non-residence for six months will not attach if the county councillor is registered (and is entitled to be registered) in the London county register; and has property to the value of £1000 (or is rated to the poor on an annual value of £30).5 In addition to the qualifications above considered, it is now provided that peers owning property in the county, and parliamentary voters registered in respect of the ownership of property in the county are qualified." The disqualification of clerks in holy orders and other ministers of religion, which was contained in the Municipal Corporations Act, is removed as to county councillors." Certain classes of persons are, however, disqualified from being elected and for acting as councillors, e.g., coroners for the county, officers in the army or marines, persons holding any office or place of profit under the council, except that of chairman, and persons interested in contracts with the council. Persons guilty of corrupt practices are disqualified for varying periods, and persons convicted of treason or felony are disqualified until they have either suffered their punishment or been pardoned. Uncertificated bankrupts are also disqualified for election.s 1 M. C. A., 1882, sec. 66 (1). 3 M. C. A., 1882, sec. 11. 4 Ibid., sec. 11 (4). 5 M. C. A., 1882, sec. 11 (2). 6 L. G. A., sec. 2, sub-sec. (2) (b). 7 L. G. A., sec. 2, sub-sec. (2) (a). 8 As to these disqualifications: see M. C. A., 1882, secs. II and 12, and notes thereto, post. |