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6. Additional powers and duties of borough councils.]—(1.) As from the appointed day the power and duty of maintaining any main road existing at the passing of this Act within a borough shall be transferred to the borough council, and the road shall vest in the borough council and shall cease to be a main road.
Appointed Day.-See sect. 33 (1), p. 202, post.
Main Roads Maintenance.-The effect of this provision is to extinguish "main roads" in the county of London. A main road is defined by the Highways and Locomotives (Amendment) Act, 1878, 41 & 42 Vict. c. 77, s. 13 (from which Act the Metropolis was expressly excluded), as a road disturnpiked since December 31st, 1870, and also any road which might be declared to be a main road under sect. 15. The term includes the footways upon or at the sides of the road: Derby County Council v. Matlock Bath U. D. C., 65 L. J. Q. B. 419; 1896, A. C. 315, and cases there cited. By sect. 41 (4), L. G. A., 1888, the provisions of that Act as to main roads were, with the amendments contained in sect. 11, extended to the Metropolis, and the duty of maintaining "main roads" so defined, within the county, was cast upon the L. C. C.
The Government formerly granted to the local highway authorities (ie., the vestries and district boards) one-fourth the total cost; but in the last financial year prior to the coming into operation of the Act of 1888, the Government grant in the Metropolis and throughout England
and Wales was one-half of the total cost. Particulars as to these
Commercial-road East (part)
Mls. fur. yds.
*The L. C. C. in this case pay the actual cost each half-year.
Sect. 11 of the Act of 1888 provided three methods of dealing with these roads:-1. The vestries or district boards as local highway authorities might, within twelve months from 1st April, 1889, claim to retain the power and duty of repairing and maintaining (subsects. 2 and 3), and where such a claim was made the L. C. C. should make an annual payment to be settled by agreement, or, in absence of agreement, such sum as the L. G. B. might determine. 2. The vestry or district board might agree with the L. C. C. to maintain and repair on terms settled between them. 3. The L. C. C. might require the vestry or district board to undertake the maintenance, &c. of any road within their jurisdiction, in which case the amount of the L. C. C.'s contribution was, in default of agreement, to be settled by the L. G. B. (sub-sect. 4), and in those cases in which the local authorities did not elect to retain the management of the roads the Council exercised this power.
Sect. 15 of the Highways Act, 1878, as applied by sect. 41 of the L. G. A., 1888, enabled the county council-if it was satisfied that any
road specified in an application by a local highway authority ought to be a main road—to make a declaring order accordingly; but no such order was ever made.
Note that no control is reserved to the L. C. C., although under sect. 7 (1) of Lon. G. Act a charge will still fall on the county rate.
6-(2.) Where a highway in a borough is repairable by the London County Council by reason of its being the roadway or footway of a bridge, embankment, or otherwise, the borough council shall, if so required by the county council, undertake the maintenance and repair thereof in consideration of such annual payment by the county council as may from time to time be agreed on, or in default of agreement be finally determined by the Local Government Board, and for the purpose of the undertaking the borough council shall have the same powers and be subject to the same duties and liabilities as if the highway were vested in them.
Embankments, &c.-This transfer can only take place upon the initiative of the L. C. C. It was held in Mayor, &c. of Burnley v. Lancaster County Council (1889), 54 J. P. 279, that scavenging (ie., watering, removing refuse, and scraping) came within the meaning of "maintenance and repair" in sect. 13 of Highways Act, 1878.
Under the Thames Embankment Act, 1862 (25 & 26 Vict. c. 93), s. 22, and the Thames Embankment (North) Act, 1872 (35 & 36 Vict. c. lxvi), ss. 3, 4, 5, and 8, the L. C. C. maintain, manage and control the Victoria Embankment, and maintain, cleanse, and light the roadway thereof, and are empowered to make bye-laws for the protection of the embankment and its ornamental gardens. Similarly with regard to the Albert Embankment under the Thames Embankment (South) Act, 1873 (36 Vict. c. vii), ss. 2 to 5, to the Chelsea Embankment under M. B. W. (Various Powers) Act, 1876 (39 & 40 Vict. c. lxxix), ss. 34— 36, and the London Parks and Works Act, 1887 (50 & 51 Vict. c. 34), ss. 1-3 (a).
Under sect. 3 (viii), L. G. A., 1888, there were transferred to the L. C. C.
(a) See also Thames Embankment (North and South) Act, 1868 (31 & 32 Vict. c. iii), Charing Cross and Victoria Embankment (Approach) Act, 1873 (36 & 37 Vict. c. 100), Thames Embankment (Land) Act, 1873 (36 & 37 Vict. c. 40), Metropolis Improvement Act, 1863 (26 & 27 Vict. c. 45), Thames Embankment (South) Act, 1863 (26 & 27 Vict. c. 75), Thames Embankment (Chelsea) Act, 1868 (31 & 32 Vict. c. 135).
"bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives (Amendment) Act, 1878, in the county authority." Although the justices exercised no jurisdiction in the Metropolis under that Act, their powers and duties in respect thereto as "main roads" passed under sect. 41 (4) of L. G. A., 1888, and under sect. 40 (8) the L. C. C. succeeded to the toll bridges acquired by the M. B. W. under the Metropolitan Toll Bridges Act, 1877 (40 & 41 Vict. c. xcix.), viz., Waterloo, Lambeth, Vauxhall (now demolished), Chelsea, Albert, Wandsworth, Putney, Hammersmith, and Deptford Creek bridges. Westminster bridge was transferred from the Commissioners of Works to the M. B. W. in 1887 by the London Parks and Works Act (50 & 51 Vict. c. 34). All these bridges are now declared to be county bridges by the L. C. C. (G. P.) A., 1895 (58 & 59 Vict. c. cxxvii.), s. 46. Under the Metropolitan Toll Bridges Act, 1877, the public also possess a perpetual right of free use of footbridge (Hungerford bridge) upon the South Eastern Railway Charing Cross bridge. London, Southwark, Tower and Blackfriars bridges are owned by and under the control of the City Corporation, and are maintained out of the Bridge House Estates. Except where a main road repairable by the county council under sect. 11 of L. G. A., 1888, passes over a county bridge, or where such bridge was built previous to 1835, the road over a county bridge and its approaches is repairable by the highway authority, and not by the county: Highway Act, 1835 (5 & 6 Will. IV. c. 50), s. 21; Rey. v. Southampton County, 17 Q. B. D. 424; 55 L. J. M. C. 158.
6-(3.) The power of a borough council to close or stop up a street under section eighty-four of the Metropolis Management Amendment Act, 1862, shall not require the sanction or allowance of the London County Council. Provided that before closing or stopping any such street the borough council shall give notice to the councils of any contiguous boroughs.
Closing of Streets.-Sect. 84 of the Metropolis Management (Amendment) Act, 1862, is as follows:
"It shall be lawful for any vestry or district board, [with the previous sanction of the Metropolitan Board of Works,] to close or stop up any street within their parish or district, during the execution of any paving, sewerage, or other works by such vestry or board in such street, and to keep the same closed and stopped up for such time as
shall be necessary in that behalf, [and allowed by the Metropolitan Board]."
The words in square brackets are repealed by the Lon. G. A.: see Third Schedule, p. 216, post.
Contiguous Boroughs.-The words of the proviso might be construed to mean that where any street is stopped up notice must be given to the contiguous boroughs, although the necessity for such notice would appear to exist only in the case of such streets as were themselves contiguous to other boroughs.
6-(4.) It shall be the duty of each borough council to enforce within their borough the bye-laws and regulations for the time being in force with respect to dairies and milk, and with respect to slaughter-houses, knackers' yards, and offensive businesses, and for the purpose of performing this duty the borough council shall in all cases have the same powers of entry as they have in the case of slaughter-houses and knackers' yards, and if the council make default in performing this duty, the provisions of the Public Health (London) Act, 1891, shall apply as if the default were a default under that Act.
Dairies and Milkshops.-Under the Public Health (London) Act, 1891, the expression "dairy" includes any farm, farmhouse, cowshed, milkstore, milkshop, or other place from which milk is supplied, or in which milk is kept for purposes of sale; and "dairyman" includes any cow-keeper, purveyor of milk, or occupier of a dairy sect. 141. See Southwell v. Lewis, 45 J. P. 206.
Sect. 28 confers powers upon the L. G. B. to make orders and regulations for the following purposes:
(a) For the registration with the council of all persons carrying on the trade of dairymen.
(b) For the inspection of cattle in dairies, and for prescribing and regulating the lighting, ventilation, cleansing, drainage, and water supply of dairies.
(c) For securing the cleanliness of milk vessels used for containing milk for sale.
(d) For prescribing precautions to be taken for protecting milk against infection or contamination.
(e) For authorising the council to make bye-laws for any of these purposes.