to municipal boroughs by sect. 33 of the Parl. and Mun. Reg. Act, 1878. See also sect. 45 (2), M. C. A., 1882.

Till signed, the revised lists do not constitute the final register. Until that is done, any clerical or typographical error may be corrected so as to make the register correspond with the lists as settled by the barrister. Brumfitt v. Bremner (1860), 30 L. J. C. P. 33.

In the year 1894, the Registration Acceleration Act (57 & 58 Vict. c. 32) provided that the first day for the revision of the lists should be the 3rd September, and the last day the 22nd September; and other provisions were made (including one for an additional number of revising barristers) so that the revised lists of voters should be printed, signed, and delivered to the returning officer before the 30th November. On that day the revised lists came into operation for the purposes of the L. G. A., 1894, as the register of parochial electors; but so far as the parliamentary and local government (county council) registers were concerned, no alteration was made: sect. 1 (6). The Act applied only to the registration of parochial electors in that year: sect. 4.

As the registers for the purpose of the borough elections are to be made up and signed by the persons nominated to perform such duty before the 20th October (in 1894 it was the 30th November), in order that the registers may be ready for the first elections on the 1st November-if that date be not delayed under sect. 3 (1)—it is obvious that a similar alteration will have to be made in the dates fixed by law for the holding of the revising barristers' courts. The 20th August is the last day for the sending in of claims and objections to "the overseers," the lists of which are published on the 25th August. Fourteen days from that date are allowed by the Registration Acts for the inspection of the original notices of claims and objections. In 1894 it was deemed necessary (by sect. 1 (b) of the Registration Acceleration Act) to curtail this period for the inspection of the lists of claims and of persons objected to to nine days after the 25th August. Having regard to the very heavy character of the work of collating the various lists and of printing the registers, it is possible that a later date may have to be appointed by the Lord President under sect. 3 (1). It must be remembered, too, that the grouping and re-arrangement of areas under the Act may raise practical difficulties in the compilation of the registers, and thereby occasion delay.

It has also to be observed that the "new "register would be in operation on the 1st November for the purpose of the borough elections only; and that, should a parliamentary, county council, or guardians' election take place between that date and the 31st December, 1900,

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the "old" register, which would have come into force on the 1st January, 1900, would be the register for any such election, notwithstanding that the newly-revised register would be in existence for the municipal elections. For the purpose of the other elections the later register will not be in operation until the 1st January, 1901.

27-(4.) On the day on which the first borough councillors elected under this Act come into office, the persons who are then members of elective vestries or district boards, and the auditors and overseers of any place to be included in a borough, shall cease to hold office, and until that day the persons who are at the passing of this Act members of elective vestries and district boards, and auditors and overseers, shall continue in office as if the term of office for which they were elected or appointed expired on that day, and, except for the purpose of filling casual vacancies, no further election or appointment shall be held or made.

Continuance of Office.-This is a usual provision in Acts of this character. As to casual vacancies, see pp. 39—41, ante. Casual vacancies are not to be filled which occur within six months of the ordinary day of retirement: see pp. 23 and 219. The effect of this sub-sect. upon such provision would appear to be that the ordinary day of retirement was the day upon which the first borough councillors came into office; but this day might not be known six months previously. On the other hand, the words "ordinary day of retirement" might be held to retain their present meaning unaffected by this section.

Section 28.

PROVISIONAL ORDERS OF L. G. B.

28. Provisional orders and proceedings of Local Government Board.]-(1.) Sections two hundred and ninety-seven and two hundred and ninety-eight of the Public Health Act, 1875, shall apply to any Provisional Order made under this Act as if it were a Provisional Order made under that Act, except that the expenses incidental to the Provisional Order shall be defrayed by the councils concerned in such proportions as the Local Government Board may determine.

Provisional Orders of Local Government Board.-By sect. 5, p. 65, ante, the L. G. B. may, on the application of the L. C. C. and of the majority of the borough councils, make a Provisional Order for transferring to all the borough councils any power exerciseable by the county council, or for transferring to the county council any power exerciseable by the borough councils, and on the joint application of the L. C. C. and the Common Council of the City may make a Provisional Order transferring any power from the county council to the common council, or from the common council to the county council. By sect. 7, p. 83, ante, the Board may in such Order adjust the expenses incidental to the transfer.

Public Health Act, 1875.-Sects. 297 and 298 of the Public Health Act, 1875, provide as follows:

297. With respect to provisional orders authorised to be made by the Local Government Board under this Act, the following enactments shall be made :

(1.) The Local Government Board shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such provisional order relates: (2.) Before making any such provisional order, the Local Govern

ment Board shall consider any objections which may be made thereto by any persons affected thereby, and in cases where the

(Public Health Act, 1875, ss. 297, 298.)

subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid (a), and at which all persons interested shall be permitted to attend and make objections: (3.) The Local Government Board may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, but any such order shall be of no force whatever unless and until it is confirmed by Parliament:

(4.) If while the bill confirming any such order is pending in either House of Parliament, a petition is presented against any order comprised therein, the bill, so far as it relates to such order, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of private bills: (5.) An Act confirming any provisional order made in pursuance of any of the Sanitary Acts or of this Act, and any Order in Council made in pursuance of any of the Sanitary Acts, may be repealed, altered, or amended by any provisional order made by the Local Government Board and confirmed by Parliament: (6.) The Local Government Board may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the bill confirming the order is pending in either House of Parliament:

(7.) The making of a provisional order shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with:

(8.) Every Act confirming any such provisional order shall be deemed to be a public general Act.

298. The reasonable costs of any local authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by the Local Government Board, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for the purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; and if thought expedient by the Local Government Board, the local authority may contract a loan for the purpose of defraying such costs.

(a) I.e., by sects. 293 to 296 of this Act, which are printed at p. 182, post.

Expenses of Provisional Orders.-It must be observed that the foregoing section (298) is applied subject to the exception that the expenses incidental to the Order shall be defrayed by the councils concerned in such proportions as the L. G. B. may determine. The powers of the L. G. B. in the determination of matters they are authorised to determine are found in sub-sect. 3 of this section. See the notes thereon, p. 183-4, post.

28-(2.) Sub-sections one and five. of section eighty-seven of the Local Government Act, 1888, shall apply to any proceedings of the Local Government Board under or for the purposes of this Act.

Local Government Act, 1888, s. 87 (1) and (5).-The incorporated provisions of the L. G. A., 1888, are:

87.—(1.) Where the Local Government Board are authorised by this Act to make any inquiry, to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, sanction, or approval to any matter, or otherwise to act under this Act, they may cause to be made a local inquiry, and in that case, and also in a case where they are required by this Act to cause to be made a local inquiry, sections two hundred and ninety-three to two hundred and ninety-six, both inclusive, of the Public Health Act, 1875, shall apply as if they were herein re-enacted, and in terms made applicable to this Act.

(5.) Where the Board cause any local inquiry to be held under this Act, the costs incurred in relation to such inquiry, including the salary of any inspector or officer of the Board engaged in such inquiry, not exceeding three guineas a day, shall be paid by the councils and other authorities concerned in such inquiry, or by such of them and in such proportions as the Board may direct, and the Board may certify the amount of the costs incurred, and any sum so certified and directed by the Board to be paid by any council or authority shall be a debt to the Crown from such council or authority (b).

Public Health Act, 1875, ss. 293-296.-Sects. 293 to 296 of the P. H. A., 1875, relating to local inquiries by L. G. B., are set out

(b) See also sect. 294, P. H. A., 1875, p. 182, post.