Contribution CHAPTER V. POWERS OF THE LONDON COUNCIL. New Powers. THE absolutely new powers which are by the Local Government Act conferred on the London Council are very few. Nearly the whole of its powers are transferred to it either from the county authorities, justices out of sessions, or the Metropolitan Board of Works. Some of the powers transferred, as for example, the control of main roads, have however been considerably modified and extended. An example of an absolutely new power is that which is given. to ordinary to the London Council to contribute, if they think fit, towards the costs of the maintenance, repair, enlargement, and improvement of any highway or public footpath in the metropolis, although the same is not a main road.1 roads. Bills in A power to oppose Bills in Parliament, and to prosecute and Parliament, defend legal proceedings where necessary for the promotion or protection of the interests of the inhabitants, is definitely given by the Act. This power extends beyond that now possessed by the Metropolitan Board of Works.3 &c. Medical officers of health. 5 The new London Council may appoint one or more medical officers of health for its own purposes. At present there are medical officers of health in the metropolis appointed by the local authorities. The effect of the Act is that future appointments shall be made subject to regulations of the Local Government Board, and in the case of all such future appointments the London Council must pay one half of the salaries of such medical officers. The council will then be entitled to receive from such medical officer a copy of every periodical report which is required to be sent to the Local Government Board, and if it appears to the council from any such report that any matter affecting the public health of the district requires to be remedied, the council may make a representation to the Local Government Board on the matter. If any medical officer whose duty it is to send a copy of the report to the council, fails to send the report the London Council may refuse to contribute to his salary.s 1 See L. G. A., sec. 11 (10). 2 See L. G. A., sec. 15. 3 As to the powers of the Board as to Bills in Parliament: see post. 5 See L. G. A., secs. 88 (c) and 24 (2) (c). 6 L. G. A., sec. 19 (1). 7 Ibid., sec. 19 (2). 8 Ibid., secs. 19 (1) and 88 (c). The London Council are empowered to make such bye-laws as Bye-laws. they think fit for the good rule and government of the county or any specified part thereof, and for the prevention and suppression of nuisances not already punishable in a summary manner. Such bye-laws can only be made when two-thirds of the council, i.e. ninety-two persons are present.2 This general power of making bye-laws is taken from the Municipal Corporations Act, and is new. Bye-laws for the good rule and government of the county require confirmation by the Secretary of State, and those for the prevention and suppression of nuisances by the Local Government Board.3 4 In addition to the above power the London Council has transferred to it the powers of making bye-laws which are given by various statutes to the Metropolitan Board of Works, and those which are possessed by the quarter sessions of Middlesex, Surrey, and Kent in respect of the business transferred from those authorities, and any existing bye-laws of those authorities will continue in force until revoked or altered by the London Council." The Metropolitan Board have made a large body of bye-laws as to various matters under their jurisdiction. The present Act excludes the power of making bye-laws as to bicycles and tricycles. Rules as to these for the whole county are contained in the Act." In addition to the powers given by the Local Government Act Railway a new power has been given to the council by an Act passed in regulation. 1888 for the regulation of railway and canal traffic. Under this Act, the council will have power to make and to oppose complaints to the Commissioners as to the regulation of railways.8 TRANSFERRED POWERS. Power transferred from County Freeholders. The power of electing county coroners is transferred from the Election of freeholders to the London Council. This power does not come coroners. in force until after April 1, 1889, when, on a vacancy, the writ for the election of a coroner is to be directed to the London Council, and the council thereupon is to appoint a fit person not being an alderman or councillor, and is to assign him a district." Powers transferred from Justices out of Sessions. Licensing of The justices of Middlesex, Surrey, and Kent have hitherto had stage plays. jurisdiction to license houses or places for the public performance of stage plays in places beyond the limits of the Lord Chamberlain's authority. This power is now transferred to the London Council. Licensing of slaughterhouses, &c. Main roads. The power of justices out of sessions to license places for carrying on the business of a slaughterer of cattle or a cowkeeper within the metropolis, is also transferred to the London Council. Powers transferred from Highway Authorities. The Highways Act of 1878 constituting "main roads" did not apply-so far as the provisions as to main roads were concerned to the metropolis. There were some roads which would have come within the definition of main roads if the Act had applied to London.3 The Local Government Act now extends the Highways Act, 1878, to London, so as to constitute these roads main roads for the purposes of the Act. Hitherto the duty of maintaining and repairing roads in the city of London has been performed by the Commissioners of Sewers of the City acting under the powers conferred upon them by the City of London Sewers Act, 1848 (11 & 12 Vict. c. clxiii.), and the duty of maintaining and repairing the roads in the rest of the metropolis (except the Victoria Embankment) has been undertaken by the vestries and district boards under the powers conferred upon them by the Metropolis Management Acts. The Government has contributed one-fourth of the cost of the roads disturnpiked since 1870.1 Under the present Act all these roads in the metropolis will after the 1st April, 1889, be repairable by the London Council." The list of them is given in Appendix II., but the London Council may hereafter declare other roads to be main roads." For the purpose of the maintenance, repair, improvement, and enlargement of and other dealing with main roads the London Council will have the same powers and be subject to the same duties as a highway board." Although the Act imposes upon the London Council the duty of repairing and maintaining all main roads in the county it does not necessarily impose upon them the actual duty of carry 1 See L. G. A., sec. 7 (a) and notes thereto, and see Appendix II., Table XV. 2 As to this jurisdiction: see post, and see L. G. A., sec. 45 and note thereto. 3 See these roads, Appendix II., Table XII. In the year 1887-8 the contribution was one half. 5 See L. G. A., secs. 11 (1) and 41 (4). Highways and Locomotives Amendment Act, 1878, sec. 15, post. 7 See L. G. A., secs. II (1) and 41 (4). ing out the work itself. As regards the actual performance of the work three courses appear to be open to them. First, the common council of the City or any vestry or district board may claim to retain the power of maintaining and repairing any main road in their district, and if they make such claim they will for the purpose of the maintenance, repair, improvement, and other dealing with the road have the same powers, and be subject to the same duties as if the road were an ordinary road vested in them, and such powers and duties will in the City be discharged by the Commissioners of Sewers.1 Any claim to retain the power of maintaining and repairing any existing disturnpiked road must however be made within twelve months after the 1st April, 1889, or in the case of a road becoming a main road at any subsequent date then within twelve months from that date. When such claim is made the London Council must make to the common council, vestry, or district board an annual payment towards the costs of the maintenance, repair, and reasonable improvement of the road,3 the amount of the payment being settled by agreement or, in default of agreement, by arbitration; but no payment is to be made until the London Council is satisfied by the report of their surveyor that the road has been properly maintained and repaired, and that the work has been properly executed. It is to be observed that the annual sum payable by the London Council to the common council, vestry, or district board, is in this case, for the maintenance, repair, and reasonable improvement connected with the maintenance and repair of the road, and for these purposes only. Any costs incurred for the enlargement, &c., of the road must be defrayed by the city authority, the vestry, or district board respectively. Secondly. The London Council may contract with the common council of the city or any vestry or district board for the maintenance, repair, improvement and enlargement of and other dealing with any main road within their district. In this case the common council, vestry, or district board will for the purposes of the contract have the same powers and be subject to the same duties as if the road were an ordinary road vested in them and the London Council must pay them such annual sum for the cost of the matters comprised in the contract as may be agreed upon, or in case of difference may be determined by arbitration. But, as in the first case, no payment is to be made by the London Council until it is satisfied that the work has been properly executed.5 Thirdly, the London Council may require the common council vestry, or district board to undertake the maintenance, repair, Music and dancing licences. Pauper lunatic asylums. improvement, enlargement of, or other dealing with any main road in their district.1 In this case the common council, vestry, or district board is bound to undertake the work and will be entitled to receive from the London Council such annual sum for the costs of the undertaking as may be agreed upon between them, or, in default of agreement, may be determined by arbitration subject, however, as in the first and second cases, to the London Council being satisfied that the work has been properly executed.3 2 If the common council of the city, or any vestry, or district board think that any road in their district ought to become a main road, they may apply to the London Council for an order, declaring such part of the road as lies within their district to be a main road; and if the London Council is of opinion that there is "probable cause" for the application, they are to cause the road to be inspected, and if satisfied that it ought to be a main road are to make an order accordingly. A copy of the order so made is to be forthwith deposited with the clerk of the London Council and is to be open to the inspection of all persons interested at all reasonable hours: and no order is to be of any validity until it is confirmed by a further order of the county council made within six months after the making of the first order, and until the road has been placed in proper repair and condition to the satisfaction of the London Council.5 Powers transferred from County Authorities. The power of granting music and dancing licences in the metropolis including the city, will for the future be vested in the London Council. The council may make standing orders for regulating the mode of application for the licences, but until such standing orders take effect, applications for these licences must be made in the first week after the 11th October." Powers with respect to the provision, enlargement, maintenance, management, visitation of, and other dealing with asylums for pauper lunatics, will in future be exercised by the London Council, and it will be the duty of the London Council either to appoint a committee of visitors for each asylum, or if they prefer it, to appoint one committee for the management and control of all the county lunatic asylums. The existing lunatic asylums of Middlesex, Surrey, and Kent, will be the subject of |