For London School Board electoral purposes it is in the Greenwich Division. Sect. 131, Public Health (London) Act, 1891, provides for the apportionment of certain expenses incurred under that Act between Penge and the remainder of the Lewisham district. See also sect. 43 (1) (c), L. G. A., 1888.

Sect. 246 of the M. M. A., 1855, provided that nothing in that Act was to affect any question as to whether the hamlet was or was not a part of the parish of Battersea. The question whether the hamlet was liable to contribute to the support of the poor of Battersea was decided in 1859 by the case of Maughan v. Wilson (32 L. T. 275), Lord Campbell, C. J., holding that there was no evidence that there was a joint fund, but there was distinct evidence of a separate fund, and that all the cases showed that that was the real test. It was also stated that Penge had its own headborough, an officer in the nature of a constable, it was a hamlet and a township within the 13 & 14 Car. II. c. 12, s. 21, and the powers thereby given had been actually exercised.

Penge is described as a hamlet in the parish of Battersea and in the hundred of Brixton, in Manning and Bray's "Surrey," vol. III.; also in Gorton's, Lewis's, and Carlisle's Topog. Dicts.

By the County Rate Act, 1852 (15 & 16 Vict. c. 81), the justices at general or quarter sessions were required to form a committee to prepare and revise the basis or standard of the county rate. The V. (M.) A., 1869 (32 & 33 Vict. c. 67), repealed the above Act in this matter, so far as the Metropolis as defined by the Act was concerned. But the Metropolis, as defined by the Valuation Act, is not co-extensive with that defined by the M. M. A., 1855, and the result is that the hamlet of Penge is excluded from the operation of the Act of 1869. The London County Council, therefore, as transferees of the powers of the Quarter Sessions of Surrey, appoint a county rate committee in accordance with the County Rate Act. This committee exercises these powers, and deals with questions relating to the assessment of Penge (a).

Also see sect. 13 of this Act, p. 117, ante.

20-(2.) A scheme under this Act shall make such provision 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.

(a) See R. C. A. L., 1894, vol. II., App. to App. VII., p. 289; and L. C. C. "Statement as to present Powers and Duties of the L. C. C.,” No. 6,322, 3rd July,

1893.

Section 21.

KENSINGTON PALACE.

21. Provision as to Kensington Palace.]-An Order in Council under this Act may detach Kensington Palace from the borough of Westminster and attach it to the borough of Kensington.

Kensington Palace.-Kensington Palace is in the hamlet of Knightsbridge, which is a detached part of the parish of St. Margaret, Westminster. See sect. 18 (1), p. 155, ante, as to detached parts of parishes, which provides that that section shall not apply to the hamlet of Knightsbridge.

It will be noticed that Kensington Palace only is referred to. If the palace is detached from Westminster and attached to Kensington, a small part of the hamlet to the west of the palace would remain in the borough of Westminster, and the palace would therefore be a detached part of Kensington in Westminster. But by sect. 1 the Order in Council shall form Kensington and Westminster into separate boroughs subject to such adjustment of boundaries as may appear to her Majesty in Council expedient for simplification or convenience of administration. It would appear that the part of the hamlet between the palace and the boundary of the parish of Kensington might by this provision be attached to Kensington, the effect of the proviso to sect. 18 (1) being to prevent the operation of that section which would have made it compulsory for the hamlet to be either annexed to Kensington or to Westminster or divided between them.

If this could be done it will be seen that any considerable exercise of the power in question might in effect nullify the proviso of sect. 18 as to the hamlet of Knightsbridge. It might therefore be contended that the words of sect. 1, quoted, have no application to detached parts such as the hamlet, inasmuch as such detached parts are expressly dealt with by sect. 18, and if this be the correct interpretation, and if advantage be taken of sect. 21, the result will be that Kensington Palace will constitute a detached part of the borough of Kensington in Westminster, that part of the hamlet lying between the palace and the boundary of the parish of Kensington remaining by force of the proviso to sect. 18, in the parish of St. Margaret, Westminster. And in order to satisfy the requirements of sect. 17 (1), p. 151, ante, the Order in Council should make the palace part of the parish of St. Mary Abbott's, Kensington.

Financial Adjustment.—The Treasury have, since 1874, made a contribution of 4501. per annum to the overseers of Westminster in lieu of rates in respect of the palace, and in the event of the palace being attached to Kensington, a scheme may give effect to sect. 16 (1) (d), p. 139, ante.

Section 22.

TEMPLES.

22. Provision as to the Temples.]-The places known as the Inner and Middle Temples shall for the purposes of this Act be deemed to be within the City of London.

Deemed to be within the City of London.-This will have the effect of excluding the Temples from the operation of the Act: see p. 152, ante.

The Inns of Court.-By sect. 43 of the Divided Parishes and Poor Law Amendment Act, 1876 (39 & 40 Vict. c. 61), the exemption contained in 20 Vict. c. 19, s. 3, that the Inner Temple, Middle Temple, Gray's Inn, and the Charterhouse, should not be added to any union, &c., was removed, provided that no such Inn of Court shall be added to a union or parish so long as the benchers thereof shall make payments, as regards the two Temples to the guardians of the City of London Union, as regards Gray's Inn to the guardians of Holborn Union, of such sum as shall be called for by such guardians respectively as a contribution in aid of the common fund of such unions.

So much of this section as relates to the Charterhouse was repealed by the Statute Law Revision Act, 1892, Charterhouse having been added to the Holborn Union by L. G. B. Order dated 10th March, 1877.

Gray's Inn forms no part of the Holborn Union, although the assessment committee of that union acts for the Inn under sect. 59, Val. (Met.) Act, 1869.

Lincoln's Inn forms no part of the united parish of St. Giles-in-the-Fields and St. George, Bloomsbury, but the assessment committee of that parish acts for it under sect. 59, Val. (Met.) Act, 1869.

The Assessment Committee of the City of London Union similarly acts for the Inner Temple and Middle Temple under sect. 59, Val. (Met.) Act, 1869. For local government purposes the Temples are extra-parochial: M. M. Act, 1855, Sched. I. As to Lincoln's Inn, see 10 & 11 Vict. c. ccxi., and 20 Vict. c. 19, s. 7.

See further as to the Temples, Tanner's Not. Mon. p. 307; Mon. Angl. tom. II. pp. 511 et seq.; tom. III.; Rym. Foed., Stow, p. 439; Newcourt, vol. I. p. 544; Downing's Hist. Mid. Temple (1739).

Section 23.

CHURCH AFFAIRS.

Supplemental.

23. Church affairs and charities.]—(1.) Nothing in this Act shall transfer to a borough council any powers or duties of a vestry which relate to the affairs of the Church or any interest of a vestry

in any church property, or shall make any incumbent or churchwarden an ex-officio member of a borough council, and a scheme under this 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 incumbent 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.

Powers and Duties of a Vestry relating to the Affairs of the Church. This is one of the provisions subject to which the powers and duties of every elective vestry and district board are transferred to the council of the borough comprising the area within which those powers are exercised: sect. 4, p. 48, ante.

By the M. M. A. A., 1856 (19 & 20 Vict. c. 112), all the powers and duties relating to the affairs of the Church which might have been exercised or performed by any open or elected vestry, or in any meeting of the parishioners, inhabitants, or ratepayers generally under any local Act or otherwise were transferred to the vestries constituted by the M. M. A., 1855. The effect of the section is to restore to the inhabitants of a parish or ecclesiastical district the control of the affairs of the church of such parish or ecclesiastical district.

Apart from local Acts the elected vestry referred to existed where the Vestries Act, 1831 (1 & 2 Will. IV. c. 60 ;-commonly called Hobhouse's Act), had been adopted. This Act was repealed by the M. M. A., 1855. This elected vestry superseded any open vestry or meeting of parishioners, and the elected vestry was superseded by the vestry constituted by the M. M. A., 1855.

For instances of a select vestry by local custom, apart from statute, see R. v. St. Martin's-in-the-Fields (1832), 3 B. & Ad. 907; Golding v. Fenn (1828), 7 B. & C. 765; R. v. Brain (1832), 3 B. & Ad. 614.

Affairs of the Church.―The duties and powers referred to relate to the same matters as are mentioned in the M. M. A., 1855, s. 90, and do not apply to the right of presentation to a church vested in the parishioners and inhabitants: Carter v. Cropley, 26 L. J. Ch. 246.

By sect. 75 (2), L. G. A., 1894, the expression "affairs of the church" includes the distribution of offertories or other collections made in any church.

Church Property.-Compare the definition of "ecclesiastical church

property" in the repealed City of London Parochial Charities Act, 1883, s. 5.

Ex-officio Members.-See sect. 2 (5), Lon. G. A., p. 21, ante.

Church Rate. The Church Rate Abolition Act, 1868 (31 & 32 Vict. c. 109), abolished compulsory church rates except where, at the time of the passing of the Act, the rate was applicable to purposes other than "ecclesiastical purposes"-by sect. 10 of the Act defined to mean "the building, repairing, enlargement, and repair of any church or chapel, or any purpose to which by common or ecclesiastical law a church rate is applicable, or any of such purposes; "-or where money had been borrowed on the security of the rate and remained due; or where church rates were levied under any private or local Act in consideration of abolition of tithes, or other valuable consideration given. See Reg. v. St. Marylebone Vestry, (1895) 1 Q. B. 771; 64 L. J. Q. B.

622.

By the M. M. A. A., 1856, it was provided that where church rates were made in open vestry, or by any meeting of the parishioners, inhabitants, and ratepayers generally before the passing of the 18 & 19 Vict. c. 120, such power did not pass to any vestry constituted under that Act, but remained in the open vestry or meeting. Where, by a local Act, the vestrymen, governors, and directors of the poor were to make a rate for payment of the rector's stipend, it was held that the power was transferred to the vestry: Reg. v. Stretfield, 32 L. J. M. C. 236; 27 J. P. 391; who could be compelled by mandamus to make the rate: Reg. v. St. George's, Southwark (No. 2), 61 L. J. Q. B. 398; 56 J. P. 821.

23-(2.) Provided that any building which belongs to any body whose powers and duties are transferred to any borough council by or 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 may be given by the scheme.

Any Building. The words "any building" will meet a case in Islington; a mortuary and coroner's court which will by the Act be transferred from the vestry to the borough council were erected upon the churchyard of St. Mary Magdalen (the old Chapel-of-Ease), Holloway Road.

The principal buildings affected are town and vestry halls and offices.