board to introduce a bill enabling them "to incur expenditure in opposing any measures calculated to militate against the interests of the metropolitan ratepayers." 1 A clause to this effect was introduced in the board's Various Powers Bill of that year, but the bill also contained a clause enabling the board to submit to Parliament a measure dealing with the water supply, and Parliament seems to have always doubted whether the board's constitution was such as rendered it the proper authority to undertake this work. All difficulty as to the power to oppose Bills in Parliament affecting the interests of London ratepayers is now removed by the express enabling provisions of the Local Government Act, 1888.2 A duty of thirteen pence per ton is levied on all coal coming Coal and into London, and there is also levied a small duty on wine. In 1887 the board received, as the produce of the wine duty and of ninepence, part of the coal duty, £328,798. The city of London received the produce of fourpence, part of the coal duty. 3 The connection of the board with this tax commenced in 1862. In 1861, by the London Coal and Wine Duties Continuance Act, the dues which would have expired (under an Act of 1845) on July 5, 1862, were extended to July 5, 1872. Under this Act the wine duty and ninepence of the coal duty were, after paying certain charges, to be paid into an account to be opened in the name of the Commissioners of the Treasury, and called "The Thames Embankment and Metropolis Improvement Fund." The primary object to which this fund was intended to be devoted was the embankment of the Thames from Blackfriars to Westminster. In 1863 the dues were extended for ten years longer, from July 5, 1872, to July 5, 1882, and in the same year the board were empowered to make what is now known as Queen Victoria Street and the Albert Embankment on the south side of the Thames. Again, in 1868, when the board were empowered to make the Chelsea Embankment, the dues were renewed for seven years longer, viz., till July 5, 1888, for improvement purposes, and till July 5, 1889, for freeing the bridges. 5 The board under the provisions of the Loans Act, 1869, carried the surplus of the dues to the Consolidated Loans Fund, and being used for the purposes of such fund they have helped to pay the interest on the general debt of the board and other purposes. Many applications have been made to Parliament in recent years by the board and the city corporation acting conjointly 1 See letter from Treasury, May 19, 1886. 2 See L. G. A., sec. 15, and note thereto. 3 24 & 25 Vict. c. 42. supra, p. 43. 66 Bridges," 6 See Borrowing Powers, supra, P. 27. 7 As to these: see supra, p. 28. Wine Dues. Appeals. to renew the dues after 1889, but in no case have their applications met with the support of the Government of the day, and, therefore, as the matter stands the dues will expire on July 5, 1889. The part of the produce of the Coal and Wine Dues which is paid to the board is received by them three months after it is collected. Thus the board received in October, 1888, the dues which had been collected in the quarter ending July 5, 1888.1 They thus received in 1888 three collections of quarterly payments, but as they receive nothing after October, there is a loss in that year of three months' revenue. This is estimated at £75,000, and this loss is the chief reason of the board rate being raised from 7·55d. in 1887 to 8.39d. in 1888. In 1889 the remainder of the loss, equal to £250,000 a year, will have to be borne on the rate, hence the board's estimate increasing such rate to 10.3d. Notice of the intention to introduce a bill to renew the dues has been given by the board and the city corporation. The London Council will have to decide whether to support or oppose its prosecution. Under the principal Act of 18552 a right of appeal from the decision of vestries and district boards in certain cases is given to the Metropolitan Board, and this power is somewhat extended by a subsequent Act. It is however of a very narrow scope, and is confined to cases where persons consider themselves aggrieved by the order of a vestry or district board in relation to the level of any building or the construction, repair, alteration, stopping or filling up, or demolition of any building, sewer, drain, &c.2 4 The board is required to appoint an appeal committee to hear the appeals. The chairman of the board is an ex officio member of this committee, and is required to preside at all meetings at which he is present. The powers of the committee extend to the ordering payment of the costs of the appeal and to the awarding of compensation,2 and power is given them to allow or dismiss the appeal, and to quash, confirm, or vary the order appealed against. 1 As to the dues from July 5, 1888, to July 5, 1889: see ante, 66 Bridges," p. 43. 3 2 M. M. A., 1855, sec. 211. M. M. A., 1862, sec. 57. 4 M. M. A., 1855, sec. 212. CHAPTER VI. THE PROVISIONAL COUNCIL. Election, &c. THE provisions of the Local Government Act as to the first election of London Council have been discussed in Chapter II. The returning officer for this election is to be appointed by the Local Government Board. The date of the election is to be fixed by him, and to be published in the month of December, 1888. It must be some date in January, 1889, not earlier than the 14th. The conduct and cost of the election, the qualification and nomination of the councillors, the proceedings in case of duplicate election and other matters have been already adequately considered.1 The councillors so elected in January, 1889, will not enter on their ordinary duties or become the council forthwith. They are to act as a provisional council until April 1, 1889, or some other day to be fixed by the Local Government Board on their application. The chief duty and work of the provisional council in this intermediate period is to make all such arrangements as are necessary for bringing the Local Government Act into operation.3 Meetings and Proceedings. The first meeting of the provisional council is to be held on First the second Thursday after the date fixed by the returning officer meeting. for the election. It will be the duty of the returning officer to send to each person who has been elected a councillor, notice of his election together with a summons to attend the first meeting of the provisional council.5 The hour and place of the first meeting are to be fixed by the returning officer, and will be stated in the summons. At the first meeting of the provisional council so convened Temporary the councillors must elect a temporary chairman. In case of an chairman. equality of votes the election is determined by lot. The person so elected will act as chairman of the first meeting and any adjournment thereof. He will also act as chairman of a second meeting or any adjournment thereof. The proceedings at these 1 Chapter II., ante. 2 L. G. A., sec. 105 (1). 3 L. G. A., sec. 105 (2). 5 Ibid., sec. 103 (5). Election of aldermen. Second meeting. Election of chairman and deputy chairman. two meetings and their adjournments are specially provided for by the Act. The first business at the first meeting after the election of the temporary chairman will be the election of nineteen aldermen. It is not compulsory upon the council to actually elect the aldermen at their first meeting, and they may adjourn such meeting if desired. They will probably confine themselves at the first meeting to making arrangements for such election. The election of aldermen is to take place in the same manner as the election of aldermen in a fully constituted council.2 Every member of the council present at the meeting may vote for nineteen aldermen or any less number. The councillor voting will be required to sign and deliver to the temporary chairman a voting paper containing the surnames and other names, and places of abode, and descriptions of the persons for whom he votes. The papers must be then produced and read, and the chairman will declare the nineteen having the highest number of votes to be forthwith elected. After the declaration thus made by the chairman it will become the duty of the provisional councillors to decide by ballot as to which ten of the nineteen elected aldermen shall retire first. The ten so chosen will retire on Nov. 7, 1891. The remaining nine will retire on Nov. 7, 1894, and so alternately every three years.3 In case of equality of votes the temporary chairman will have a second or casting vote.1 Any difficulties arising as to the first meeting of the provisional council may be remedied by an order of the Local Government Board.5 The persons elected aldermen may be elected either from within or without the council. If a councillor is elected alderman a casual vacancy arises, which will be filled in the ordinary way.& The persons elected at the first election may proceed to act as a provisional council, notwithstanding any vacancy." After the holding of the first meeting (together with any adjournments thereof) a second statutory meeting must be held. This meeting may be convened by a three days' notice sent by the temporary chairman. It must be sent to each of the nineteen elected aldermen and to each councillor.8 The primary business at the second meeting of the London Council will be the election of a chairman and a deputy chairIf for any reason this business cannot be transacted at such meeting, then the meeting may be adjourned for the man. 1 L. G. A., sec. 105. 2 As to this: see Chapter I., ante. 3 See L. G. A., sec. 104 (2). 4 Ibid., sec. 107 (4). 5 Ibid., sec. 108 (1). See ante, Chapter I., and L. G. A., sec. 107 (2). 7 L. G. A., sec. 107 (3). 8 Ibid., secs. 106 (2), 105 (3) (4); M. C. A., 1882, Sched. II., rr. 5 and 6. purpose. If the number of votes given for the chairman or deputy-chairman is equal, the temporary chairman may have a second or casting vote.2 The chairman and deputy-chairman elected at the second meeting or at any adjournment thereof will act as chairman and deputy-chairman both of the provisional council and of the London Council, after it comes into office. They will remain in office until November 7, 1889. They hold office from year to year, and are eligible for re-election. The ordinary day of the election of chairman and deputy-chairman is November 7. Any vacancy occurring in either office during the term of the provisional council may be filled up by that council.1 The qualifications of chairman and deputy-chairman have been already considered. The chairman may be any "fit person elected by the council either from the aldermen and councillors or from amongst persons qualified to be such. The deputychairman may be any "fit person," without any other limit of qualification. Subject to any rules made by the County Council, anything authorised or required to be done by, to, or before the chairman may be done by, to, or before the deputy-chairman.o After the provisional council at these meetings has elected the aldermen and the chairman and deputy-chairman, it will be its duty to make arrangements for bringing the various provisions of the Local Government Act into full operation, so that the London Council may on April 1, 1889,' be fully equipped for its work.8 The London provisional council may use the buildings of the Metropolitan Board of Works or of the quarter sessions of either Middlesex or Surrey. They are however only entitled to use them when not in use by the Board or the quarter sessions; and as to quarter sessions buildings, their user by the London provisional council must be the subject of an arrangement with the provisional councils of the new counties of Middlesex and Surrey.10 The provisional council may, if they think fit, hire any building for their use, and the cost may be defrayed out of the county rate.11 The officers of the London Council will only become such Officers. officers on April 1, but the officers of the quarter sessions of Middlesex and Surrey and of the Metropolitan Board of Works may be required to act as officers of the provisional council. As to the officers of the quarter sessions, their employment is to be the subject of arrangement between the London provisional council 1 L. G. A., sec. 105 (4). 2 Ibid., sec. 107 (4). 3 See Chapter I., ante. 4 M. C. A., 1882, sec. 15 (1). 5 L. G. A., sec. 88 (a). 6 See L. G. A., sec. 88 (b) and sec. 106 (2). Or any other day to be fixed 9 Ibid., sec. 106 (3 and 5). 10 Ibid., sec. 106 (5). 11 Ibid., sec. 106 (6). |