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square, &c. By this provision the cost of collection is borne by the parish, the committee receiving the full rate yielded by the property liable.

The L. G. B. have, by their Orders under sect. 33, L. G. A., 1894, conferred on certain London local authorities, upon their application, the powers of a parish council under sect. 6 (c) (iii), with respect to the holding or management of parish property, not being property relating to affairs of the Church or held for an ecclesiastical charity, and the holding or management of village greens, or of allotments, whether for recreation grounds, or for gardens, or otherwise for the benefit of the inhabitants or any of them.

By sect. 16 (1) (c), p. 135, ante, a scheme under this Act may make provision for anything which may be done under sect. 33, L. G. A., 1894.

33. Appointed day and transitory provisions.]—(1.) For the purposes of this Act the appointed day shall be the day on which the members of the borough councils first elected under this Act come into office, or such other day not being more than six months earlier or later, as the Lord President of the Council may appoint, either generally, or with reference to any particular provision of this Act, and different days may be appointed for different purposes and different provisions of this Act, whether contained in the same section or in different sections, or for different boroughs.

"Appointed Day."-The indefinite character of the "appointed day" is to be noted. Cf. the elaborate definition of "appointed day" in L. G. A., 1894, s. 84; also sect. 109, L. G. A., 1888.

By sect. 3 (1) of this Act, the first elections are to be held on 1st November, 1900, or on such later practicable day as may be fixed by the Lord President of the Council.

Note sect. 37 of Interp. Act, 1889:- "Where an Act passed after the commencement of this Act is not to come into operation immediately on the passing thereof, and confers power to make any appointment, to make, grant, or issue any instrument, that is to say, any Order in Council, order, warrant, scheme, letters patent, rules, regulations, or

bye-laws, to give notices, to prescribe forms, or to do any other thing for the purposes of the Act, that power may, unless the contrary intention appears, be exercised at any time after the passing of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation at the date of the commencement thereof, subject to this restriction, that any instrument made under the power shall not, unless the contrary intention appears in the Act, or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation." See also sect. 32,

ibid.

33-(2.) Subject to the provisions of any scheme under this Act, and to such adaptations as may be made by Order in Council, sections eighty-five to eighty-eight of the Local Government Act, 1894 (which contain transitory provisions), shall apply in the case of boroughs and borough councils under this Act.

Local Government Act, 1894.-These provisions are:

85.-(1.) Every rate and precept for contributions made before the appointed day may be assessed, levied and collected, and proceedings for the enforcement thereof taken, in like manner as nearly as may be as if this Act had not passed.

(2.) The accounts of all receipts and expenditure before the appointed day shall be audited, and disallowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not passed, but as soon as practicable after the appointed day; and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account, shall, until the audit is completed, be deemed for the purpose of such audit to continue in office and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day.

(3.) All proceedings, legal and other, commenced before the appointed day, may be carried on in like manner, as nearly as may be, as if this Act had not passed, and any such legal proceeding may be amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of this Act.

(4.) Every valuation list made for a parish divided by this Act shall continue in force until a new valuation list is made.

(Local Government Act, 1894, s. 85.)

(5.) The change of name of an urban sanitary authority shall not affect their identity as a corporate body or derogate from their powers, and any enactment in any Act, whether public general or local and personal, referring to the members of such authority shall, unless inconsistent with this Act, continue to refer to the members of such authority under its new name.

86.-(1.) Nothing in this Act shall prejudicially affect any securities granted before the passing of this Act on the credit of any rate or property transferred to a council or parish meeting by this Act; and all such securities, as well as all unsecured debts, liabilities, and obligations incurred by any authority in the exercise of any powers or in relation to any property transferred from them to a council or parish meeting shall be discharged, paid, and satisfied by that council or parish meeting, and where for that purpose it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for this Act, that rate may continue to be levied and that power to be exercised either by the authority who otherwise would have levied or exercised the same, or by the transferee as the case may require.

(2.) It shall be the duty of every authority whose powers, duties, and liabilities are transferred by this Act to liquidate so far as practicable before the appointed day, all current debts and liabilities incurred by such authority.

87. All such bye-laws, orders, and regulations of any authority, whose powers and duties are transferred by this Act to any council, as are in force at the time of the transfer, shall, so far as they relate to or are in pursuance of the powers and duties transferred, continue in force as if made by that council, and may be revoked or altered accordingly.

88.—(1.) If at the time when any powers, duties, liabilities, debts, or property are by this Act transferred to a council or parish meeting, any action or proceeding, or any cause of action or proceeding is pending or existing by or against any authority in relation thereto the same shall not be in anywise prejudicially affected by the passing of this Act, but may be continued, prosecuted, and enforced by or against the council or parish meeting as successors of the said authority in like manner as if this Act had not been passed.

(2.) All contracts, deeds, bonds, agreements and other instruments subsisting at the time of the transfer in this section mentioned, and

affecting any of such powers, duties, liabilities, debts, or property, shall be of as full force and effect against or in favour of the council or parish meeting, and may be enforced as fully and effectually as if, instead of the authority, the council or parish meeting had been a party thereto.

Existing Contracts, Agreements, &c.-Cf. sect. 94, M. M. A., 1855. An action commenced after that Act came into operation, upon a contract for cleansing entered into before its passing under a local Act for a Schedule B. parish, was held to be correctly brought against the new body, as the parties having control of the funds ultimately liable to the payment: Sinnott v. Whitechapel District Commissioners, 27 L. J. C. P. 177; 6 W. R. 289; 22 J. P. 290. See action on a bond given by the Corporation of London previously to the passing of the Thames Conservancy Act: Brown v. Mayor, &c. of London, 31 L. J. Ch. 280. Also sect. 180, ibid., making provision for discharging liabilities under local Acts relating to paving, &c. A debt incurred by the trustees of Grosvenor Square under a local Act was held transferred to the vestry: Reg. v. St. George's, Hanover Square, 32 L. J. Q. B. 160; see also Reg. v. Stretfield, 32 L. J. M. C. 236; Sanson v. Shoreditch Vestry, 38 L. J. C. P. 286.

34. Definitions.]—In this Act, unless the context otherwise requires,

The expression "administrative vestry" means a vestry having the powers of a vestry elected for a parish specified in Schedule A. to the Metropolis Management Act, 1855; and the expression "elective vestry" means any vestry elected under the Metropolis Management Act, 1855:

See the notes to sect. 1, p. 3, ante.

The expression "rateable value" shall include the value of Government property upon which a contribution in lieu of rates is paid:

Rateable Value.-Cf. sect. 75 (2), L. G. A., 1894, where the expression "rateable value" is defined to mean the rateable value stated

in the valuation list in force, or, if there is no such list, in the last poor rate.

Sect. 45 of the Val. (Met.) Act, 1869 (32 & 33 Vict. c. 67), provides that the valuation lists for the time being in force shall be deemed to have been duly made in accordance with that Act and the Acts incorporated therewith, and shall be conclusive evidence of the "rateable value" for the purpose of any of the following rates which are made during the year that the lists are in force, viz., the county rate (County Rates Acts, 1852 and 1866 (15 & 16 Vict. c. 81; 29 & 30 Vict. c. 78)), the Metropolitan Police Rate (Met. Police Act, 1829 (10 Geo. IV. c. 44, &c.)), the sewers, lighting, general and other rates levied by order of district boards and vestries, sums assessed on any part of the metropolis by the L. C. C. (L. G. A., 1888, s. 40 (8)), assessments for contributions under the Metropolitan Poor Act, 1867, and every other rate, assessment, and contribution levied, made, and required in the metropolis on the basis of value.

Under sect. 17 of the Val. (Met.) Act, 1869, the clerk of the L. C. C. prints and distributes the totals of the gross and rateable values of all the valuation lists in force in the administrative county.

Sect. 64, Met. Poor Act, 1867, likewise makes the rateable value according to the valuation lists in force the basis of contributions for the common fund: see sect. 10, Lon. G. A., 1899, and notes, p. 92,

ante.

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The expressions "powers," duties, 'property,' liabilities,' and "powers, duties, and liabilities," have respectively the same meanings as in the Local Government Act, 1888: Definitions.-These definitions are contained in sect. 100 of the L. G. A., 1888:

"Powers" includes rights, jurisdiction, capacities, privileges, and

immunities.

"Duties" includes responsibilities and obligations. "Property" includes all property, real or personal, and all estates,

interests, easements, and rights, whether equitable or legal, in, to, and out of property real and personal, including things in action, and registers, books, and documents; and when used in relation to any quarter sessions, clerk of the peace, justices, board, sanitary authority, or other authority, includes any property which on the appointed day belongs to, or is vested

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