M. M. A., 1855. For definition of sanitary authority in this regard, see sect. 99 (1) (c) of Public Health (London) Act, 1891.

As to " any governors or trustees of the poor or other similar body under a local Act," see the L. C. C. Return of local Acts which have been from time to time passed relating to parishes in the county of London; published May, 1895, No. 243.

16 (3)-(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 respectively within the ancient borough of Southwark; and

Borough of Southwark.-The borough of Southwark is for certain purposes subject to the jurisdiction of the Lord Mayor, Aldermen, and Common Council. Southwark was anciently a distinct corporation, governed by its own bailiff until the year 1327, when the City of London obtained a grant, by which the Lord Mayor was constituted Bailiff of Southwark, and empowered to preside over it by his deputy. Some time after this the inhabitants recovered their former privileges, which they enjoyed until Edward VI., in 1550, granted Southwark to the City of London for the sum of 6477. 2s. 1d. Shortly after the passing of this patent, in consideration of the City paying to the Crown an additional sum of 500 marks, Southwark was made one of the City wards, and named Bridge Ward Without. For this ward there is no election of alderman, but the senior alderman (“the Father of the City") who has just passed the chair may remove to this ward. The Borough Liberty was under the jurisdiction of the Lord Mayor, who by his steward or bailiff held the court of record; and the Clink Liberty (part of the parish of St. Saviour, otherwise St. Mary Overy), which was under the jurisdiction of the Bishop of Winchester, who, besides a court leet, kept a court of record on the bankside near St. Saviour's Church. See Tanner's Not. Mon.; Magna Brit. vol. V., p. 336; Carlisle's Topog. Dict.; Maitland's London, vol. II., p. 761; Birch's "Historical Charters of City of London," pp. 59, 110, 184, 269.

The Lord Mayor and all aldermen who have passed the chair are justices of Southwark.

The Court of Aldermen of the City appoints the High Steward of Southwark, who is the sole judge of the Court of the borough of Southwark, otherwise the "Court of Record of the Liberty of the mayor and commonalty and citizens of the City of London, of their Town and Borough of Southwark." It has practically fallen into desuetude. The Recorder holds the appointment of High Steward, whose duties are to hold the courts leet, and to charge the leet juries, &c. as steward of the corporation, the lord of the manor of Southwark.

The officiating coroner for the City (n), elected by the Court of Common Council, is also coroner for Southwark under charter of Edward VI., and his jurisdiction includes, besides the Temples, &c., the Thames opposite both the City and Southwark. He receives from the L. C. C. under the L. G. A., 1888, an annual sum of 1357. towards his salary for the discharge of his duties as coroner for Southwark, being the amount previously paid by the Surrey justices. See also sect. 31, Coroners Act, 1887 (50 & 51 Vict. c. 71).

The Corporation of the City is lord of three manors within the borough-the Guildable Manor (the ancient town); the King's Manor, formerly belonging to the Archbishop of Canterbury; and the Great Liberty Manor, formerly belonging to

(n) The Lord Mayor is, by custom, the coroner for London.

the Abbey of Bermondsey. By the Reform Act there were added to the old parliamentary borough the Liberty of the Clink and the parishes of Christchurch, Bermondsey, and Rotherhithe: 2 & 3 Will. IV. c. 64, Sched. O., 33. The present secondary of the City is also high bailiff and returning officer of Southwark, and as such receives and executes all writs for the election of Members of Parliament, and appoints deputy returning officers, &c. for the three divisions of the borough. He issues his precepts to the overseers of the several parishes within the borough, receives the lists as they leave the revising barrister's court, and compiles the registers of voters. The high bailiff prepares the jury lists, summons jurors, and arranges for holding special sessions in all cases of compensation or assessments of property within the borough.

16 (3)—(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.

The Court of Burgesses; Dean and Chapter.-The Court of Burgesses of the ancient city of Westminster was constituted by the local Act, 27 Eliz. c. 31, 1585 (in Ruffhead, c. 17, private), and continued by Acts of the 31 Eliz. c. 10, 35 Eliz. c. 7, 39 Eliz. c. 18, 43 Eliz. c. 9, 1 Jac. I. c. 25, 21 Jac. I. c. 28, and 3 Car. I. c. 4, to the end of the Parliament next ensuing the passing of each of those Acts respectively, and was further continued by an Act of the 17 Car. I. intituled “ An Act for granting Two Subsidies for the further Relief of His Majesty's Army," until some other Act of Parliament should be made touching the continuance or discontinuance thereof.

The City was recognised and other powers conferred upon the Court of Burgesses by the local Act, 29 Geo. II. c. xxv., 1756, followed by a number of other statutes, for which see volume of local Acts, and L. C. C. Return, No. 243, pp. 29-35.

For some account of the Court of Burgesses, and as to the powers of the Dean and Chapter and of the Court, see Terry's "Greater Westminster."

As to how a scheme may affect such powers, see M. C. A., 1882, s. 213, p. 142, ante.

has

Among the powers of the Dean and Chapter is that of appointing the coroner for the city and liberties of Westminster. This power not been transferred to the L. C. C. by the L. G. A., 1888, as that Act did not affect franchise coronerships (as this is), but only county coroners who, before 1888, were elected by the freeholders: London County

Council, Ex parte, (1892) 1 Q. B. 33. This power might by the scheme be transferred from the Dean and Chapter to the borough council of Westminster.

The high bailiff, appointed by the Dean and Chapter, is, and will be, the sheriff within the meaning of the Lands Clauses Consolidation Acts (sect. 3 of the Act of 1869 (32 & 33 Vict. c. 18)); is, and will be, the returning officer for the parliamentary boroughs of the Strand, St. George, Hanover Square, and Westminster (sect. 12 (5) of the Re-distribution of Seats Act, 1885 (48 & 49 Vict. c. 23)); and was the town clerk within the meaning of the Registration Acts. But, in future, by sect. 4 (1), the town clerk of the borough is to be the town clerk within the meaning of the Registration Acts: also see sect. 27 (2), post.

The Close of the Collegiate Church of St. Peter, Westminster, is included in Schedule C. to the M. M. A., 1855. For poor law purposes it forms part of the St. George's Union, being included in Ward No. 3 of the parish of St. Margaret, Westminster. The Close was added to St. George's Union by L. G. B. Order, dated 14th September, 1875. It is in the borough of Westminster for parliamentary elections, and in the Westminster electoral division for county council elections.

Poor law services are performed by the guardians of the St. George's Union. Local government services also are partly performed by the guardians, as provided by sect. 99 of the P. H. A., 1891-these are chiefly road scavenging and dust collection. A sanitary committee is appointed by the guardians for these purposes. Lighting is undertaken by the overseers.

With regard to the rating of the close, the poor rate is paid halfyearly to the guardians of St. George's Union, and includes, besides the county rate and the ordinary contribution to the poor law authority, the expenses incurred by the guardians under the P. H. A., 1891, usually defrayed out of the general rate. On the other hand, the general rate includes, in addition to the school board assessment and the expenses of lighting, the police rate, which is usually included in the poor rate. In 1898-99 the rates levied in the close were:— Poor rate, 3s. 6d. ; general rate, 2s.

The guardians of St. George's Union will, as a sanitary authority, have a locus standi as a local authority under sect. 213 (6), M. C. A., 1882, incorporated by sect. 16 (1) (b), pp. 135 and 143, ante.

The Dean and Chapter possess the prescriptive right to close the two gateways giving access to Dean's Yard every night, and once a year for a whole day. See, generally, L. C. C. "Report of proceedings

with the united

with respect to the union of the close parishes of St. Margaret and St. John, Westminster," October, 1894.

The City of Westminster.—With regard to the claim of the ancient parliamentary borough of Westminster to the title of "city," the following extract from Blackstone's Commentaries, ed. 1829, vol. I., p. 114, may be of interest :

:

"A city is a town incorporated, which is or hath been the see of a bishop; and though the bishopric be dissolved, as at Westminster, yet it remaineth a city (Coke Litt. 109). Westminster was one of the new bishoprics created by Henry VIII. out of the revenues of the dissolved monasteries (2 Burn. Eccl. Law, 70). Thomas Thirleby was the only bishop that ever filled that see: he surrendered the bishopric to Edward VI., 30th March, 1550, and on the same day it was dissolved and added again to the bishopric of London (Rym. Foed. 15 tom., p. 222). Queen Mary afterwards filled the church with Benedictine monks, and Elizabeth, by authority of Parliament, turned it into a collegiate church subject to a dean; but it retained the name of city, not perhaps because it had been a bishop's see, but because, in the letters patent erecting it into a city, King Henry declared volumus itaque et per præsentes ordinamus quod ecclesia cathedralis et sedes episcopalis, ac quod tota villa nostra Westmonasterii sit civitas, ipsamque civitatem Westmonasterii vocari et nominari volumus et decernimus. There was a similar clause in favour of the other five new-created cities, viz., Chester, Peterborough, Oxford, Gloucester, and Bristol."

"Westminster became a city by express creation, and not singly by making it the see of a bishop, however sufficient that of itself might have been" see Hargrave and Butler's notes 123 and 124 to their Coke upon Littleton, vol. I. p. 109 b. See also Coke's Institutes, Part III. cap. LI.; Madox, Firma Burgi (1726), pp. 2, 3; Christian's Blackstone (1800), 13th ed., vol. I. p. 114, n.; Chitty's Blackstone, vol. I. p. 109, n.; 1 Woodd. 302; Jac. Dict. v. City. The letters patent, dated 17th December, 32 Hen. VIII., 1540, are set out in full in Burnett's "Hist. of the Reformation," pp. 229-233 of the collection of records and original papers at end of vol. I., 1715 ed. (see also p. 286). See Rym. Foed., tom. xiv., p. 709, and Dugdale, vol. I., pp. 280, 320. In 1551 a private Act (5 & 6 Edw. VI. c. 11) was passed for Westminster to remain a cathedral within the diocese of London.

As to the "charter" founding the Westminster bishopric and creating Westminster a city, see Phillimore's Ecc. Law, vol. I., p. 144 et seq.; and 31 Hen. VIII. c. 9; 1 Mar. sess. 3, c. 9; 1 Eliz. c. 22; and

6 Anne, c. 75, there referred to. As to the grant of a charter creating the ancient parliamentary borough of Westminster a city, see p. 5, ante, and Addenda.

In reference to the hamlet of Knightsbridge and Kensington Palace, see sects. 18 (1) and 21, pp. 157 and 163, post.

16-(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 required by the Seventh Schedule to the Municipal Corporations Act, 1882.

Publication. The mode of publication here indicated is substituted for publication in the London Gazette or in the manner required by the Seventh Schedule to the M. C. A., 1882, p. 145, ante.

Section 17.

BOROUGHS AND PARISHES.

17. Rules as to boroughs and parishes.]—(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.

Parish. By the Interpretation Act, 1889, s. 5, in every Act passed after the year 1866, the expression "parish" shall, unless the contrary intention appears, mean a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed.

By the Extra-Parochial Places Act (20 Vict. c. 19), 1857, all extraparochial places are deemed to be parishes for relief of the poor, registration, burials, public health, &c.