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metropolitan borough the expenses will be met out of the general rate : sect. 10 (1) and (2); and the demand note will show the approximate amount in the pound required for such purpose, including, as far as is practicable, the proportionate amount of the costs incidental to collection sect. 11 (3) (d) (e).

Power to adopt Adoptive Acts.-It does not appear that the borough councils will have power to adopt an adoptive Act for part only of the borough, except where, before the passing of the Act, an adoptive Act has been adopted in a part of what becomes the borough, in which case the Act may be adopted in the remaining part of the borough.

Section 5.

TRANSFER OF POWERS FROM LONDON COUNTY COUNCIL.

5. Transfer of powers from London County Council.]—(1.) As from the appointed day the powers and duties of the London County Council under the enactments mentioned in Part One of the Second Schedule to this Act shall, subject to the conditions mentioned in that schedule, be transferred to each borough council as respects their borough.

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Powers of London County Council transferred. The statutory provisions respecting these powers are mentioned in Part I. of the Second Schedule.

The following are the powers and duties so transferred, with the annual cost to the L. C. C. of their execution during 1897-8 :(1.) Licensing setting up of wooden structures-Cost too small to be stated.

(2.) Removal of unauthorised sky-signs-Gross expenditure, 3861.; less receipts, 391.; net expenditure, 3471.

(3.) Removal of obstructions in streets-Very small; but there is stated to be an annual charge for repayment and interest of debt of about 6001. (4.) Registration of dairymen, put at 500l., being one-third the gross total cost of inspection of cow-houses, dairies, slaughterhouses and offensive businesses.

(5.) Supervision of common lodging-houses-Stated to be 2,2441. The above figures are taken from a published Report by the Comptroller of the L. C. C.: 17th March, 1899, No. 424.

The total cost, therefore, of the administration of these powers is at the most 4,000l. per annum. Under sect. 7 (1) of the Act (p. 83, post), the county council are to contribute to the borough councils in respect of these expenses: see notes to sect. 7.

5-(2.) As from the appointed day the powers of the London County Council under the enactments mentioned in Part Two of the Second Schedule to this Act may, subject to the conditions

mentioned in that schedule, be exercised also by each borough council as respects their borough.

Concurrent Powers of London County Council and Borough Councils. The statutory provisions relating to these powers are mentioned in Part II. of the Second Schedule.

The powers are :—

(1.) Demolition of buildings in case of conviction under sect. 170 of the London Building Act, 1894. The borough council must have obtained the conviction.

(2.) To take proceedings in respect to timber, &c., stacked or stored within the borough.

(3.) Regulations as to waste of water and water fittings, to be exercised only with respect to a water company supplying any part of the borough.

(4.) To make, or appear in opposition to, certain complaints under sect. 7, Railway and Canal Traffic Act, 1888.

(5.) To acquire land (but only for the purpose of any of the powers or duties of the borough council) under sect. 65 of the L. G. A., 1888. See notes, p. 66, post.

(6.) To adopt Part III. of the Housing of the Working Classes Act, 1890 (within borough only).

(7.) To make by-laws under sect. 23 of the M. C. A., 1882, to be in force only within the borough and not to be inconsistent with any by-laws made by the county council.

The exercise of the powers by the borough councils is restricted to within their respective boroughs, and is subject also to the other conditions above indicated.

The L. C. C. cannot be called upon to make any contribution to the cost of the exercise of these concurrent powers.

Housing of the Working Classes Act, 1890, Part III.-Part III. of the Housing of the Working Classes Act gives full powers to the authority adopting it to provide and let "lodging houses" for the working classes, which expression is deemed to include separate houses or cottages for the labouring classes, whether containing one or several tenements.

The local authorities may among other things purchase or rent land and erect thereon buildings suitable for lodging houses for the labouring classes, and convert any buildings into lodging houses for those

classes, and alter, enlarge, repair and improve the buildings, and fit up, furnish and supply them with the requisite furniture and conveniences.

The borough councils, as the successors of the vestries and district boards, will also be the local authorities under Part II. of this Act, relating to unhealthy dwellings: sect. 92 and First Schedule.

For the law relating to the housing of the working classes, see Allan's "Housing of the Working Classes," ed. 1898.

Bye-laws for good Rule and Government.-The power to make byelaws under sect. 27 of the M. C. A., 1882, as applied by sect. 16 of L. G. A., 1888, is important. A series of bye-laws was made by the L. C. C. and came into operation on the 1st October, 1898, dealing with (1) steam organs, shooting galleries and roundabouts; (2) noisy animals; (3) lights to vehicles; (4) street betting; and (5) penalties. Seeing that the L. C. C. have dealt with but four matters, the condition against inconsistency contained in the second volume to the schedule. may not prove to be restrictive.

5—(3.) The Local Government Board may, if they think fit, on the application of the London County Council 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.

Future Transfers of Powers: London County.-As the application has to be a combined one between the L. C. C. and a majority of the borough councils in regard to a transfer of any power either from or to all the borough councils, uniformity throughout the county is aimed at in this respect.

As to defraying the expenses incidental to obtaining a Provisional Order, see sect. 28 (1) of Act, p. 179, post, and sect. 298, P. H. A., 1875, p. 180, post; and as to expense of administering any power transferred to the borough councils, and provision for contribution by county councils, see sect. 7 (1) and (2) of Act, pp. 83-84, post.

5-(4.) The Local Government Board may also, on the joint application of the London County Council and the Common Council of the City of London, make a Provisional Order transferring any

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power from the County Council to the Common Council, or from the Common Council to the County Council.

Future Transfer of Powers: City of London.-This sub-section places the Common Council of the City of London in a somewhat different position from that of a borough council, inasmuch as the former is under no necessity to obtain the concurrence of a majority of the borough councils as under the preceding sub-section. As to the expenses of administration and contribution from county councils, see sect. 7 (1) and (2), applied by sub-sect. (3) as if the Common Council were a borough council.

Acquisition of Land.-As to the powers possessed by the vestries and district boards to acquire land, see sects. 151 and 152, M. M. A., 1855; sect. 99 (5), P. H. A., 1891; and Met. Paving Act, 1817, ss. 80— 82. These powers will be possessed by the borough councils, supplemented by the important provision that sect. 65 of the L. G. A., 1888, may also be exercised by a borough council as respects the borough: sect. 5 (2), pp. 63—64, ante, and Second Sched., Part II. The text of the section, and sects. 176-178, P. H. A., 1875, incorporated therewith, are printed in the notes to that schedule. As to the alienation of land, see sect. 6 (5), Lon. G. A., p. 75, post, and sect. 32, p. 201, post.

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