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municating therewith, and all precincts and places within the City of London and the liberties thereof." Nothing in sect. 18 (5), Lon. G. A., which relates to detached parts of parishes, shall apply to the City. Sect. 250 of the M. M. A., 1855, enacted that "the City of London shall be deemed to include all parts now within the jurisdiction of the Commissioners of Sewers for the City of London." As already stated, the jurisdiction of the Commission of Sewers is now that of the Common Council.
See L. C. C. Return, London Local Areas, No. 426; 1898; also similar return in Vol. II. of Report of R. C. A. L. as App. XIX. p. 649, Parly. Paper, C. 7493. Reference should also be made to the statement handed in to the R. C. A. L. by the town clerk as to the origin, position, powers, duties, and finance of the Corporation of London: Vol. II. ibid. pp. 19 et seq.
Although sect. 1 excludes the City of London, subsequent sections for certain purposes bring the City within the operation of the Act. By sect. 5 (4), the L. G. B. may, on the joint application of the L. C. C. and the Common Council, transfer any power from or to either body. Sect. 7 (3) places the Common Council in the same position as a borough council in regard to the expenses incidental to any transfer. Sect. 16 (3) confers upon the City authorities a locus standi in regard any scheme that may be made under the Act so far as it may relate to any powers exerciseable by them within the ancient borough of Southwark. Except as to areas nothing in the Act is to affect the London (Equalisation of Rates) Act, 1894, under which the City contributes to the equalisation fund. (See sect. 31 (4), p. 197, post.)
See, further, G. Norton's Commentaries on the Hist., Const. and Chartered Franchises of the City of London (1869); Northouck's New Hist. London (1773); W. Bohun, Privilegia Londini (1723); Introd. to W. de Grey Birch's Historical Charters of City of London (1887); Stow and Maitland; Carlisle's Topog. Dict., tit. London.
Alteration of Area. By sects. 17, 18, 20, and 21, post, various alterations of area are contemplated, and the Orders in Council referred to will be made subject to such alterations. As to the position of the hamlet of Knightsbridge, see sect. 18 (1), and notes to sect. 21, post.
Adjustment of Boundaries. Apart from the alterations of area provided for expressly by the Act, her Majesty in Council is empowered to make such adjustment of boundaries as may appear to be expedient for simplification or convenience of administration. A reference to a map of the boroughs to be created upon the basis of the existing areas of parishes, &c., will show that certain portions and strips of area might be conveniently merged with the appropriate borough, e.g., the portion of Camberwell south of Camberwell New Road (containing Knatchbull Road, Flodden Road, &c.), almost surrounded by Lambeth, might be attached to Lambeth; and the tongue of land belonging to Battersea running some distance south of Belleville Road might be attached to Wandsworth. Remark also the bootshaped part of Kensington which extends along the Brompton Road to Sloane Street. Opportunity might be taken under this provision to adjust boundaries where they sever the curtilage of any house, &c. See also sect. 16 (1) (d), p. 139, post.
CONSTITUTION OF BOROUGH COUNCILS.
2. Constitution of borough councils.]—(1.) The council of each borough shall consist of a mayor, aldermen, and councillors. Provided that no woman shall be eligible for any such office.
Constitution of the Borough Council. This sub-section follows sect. 10 (2) of the M. C. A., 1882. By sub-sect. (4), infra, the law relating to the constitution of administrative vestries, except as otherwise provided by or under this Act, applies in the case of the new borough councils; and by sect. 31 (2), any enactment in any Act, whether general or local, referring to an authority whose powers or duties are transferred by or under this Act to a borough council, shall be construed with the necessary modifications. But by sub-sect. 1 of sect. 31 where any Act passed before the passing of this Act contains expressions referring to a borough, those expressions are not to be construed as referring to a metropolitan borough unless expressly applied.
An appropriate name is to be given to each of the metropolitan boroughs by Order in Council: sect. 27 (1) (a).
As to first and subsequent elections of metropolitan mayors, aldermen and councillors, see sect. 3; retirement of first aldermen and councillors, sect. 27 (1) (b); term of office and retirement of mayor, sect. 15 (3), M. C. A., 1882, p. 13, post; term of office and retirement of aldermen, sect. 14, M. C. A., 1882, p. 12, post; number of aldermen, sect. 2 (3), Lon. G. A., p. 10, post; and as to the first meetings of borough councils, see sect. 27 (1) (c), p. 175, post. As to the mayor's purse, see sect. 15 (4), M. C. A., 1882, p. 20, post.
Women. It will be noticed that women are not eligible for the office of either mayor or aldermen or councillors. Women were by the L. G. A., 1894, eligible as vestrymen. This proviso assimilates the law with that applying to provincial municipal boroughs and to county councils. Women, if otherwise qualified, are, however, eligible as electors: see pp. 31 and 33, post.
2-(2.) An Order in Council under this Act shall fix the number of councillors, and fix the number and boundaries of the wards, and shall assign the number of councillors to each ward, that number being divisible by three, and regard being had to the rateable value as well as to the population of the wards.
Number of Councillors; Wards.-This provision takes the place of the provisions contained in the M. M. A., 1855, ss. 5 and 33, the Metropolis Management Amendment Act, 1862, s. 41, and the L. C. C. (G. P.) A., 1893, s. 15, and the L. C. C. (G. P.) A., 1895, s. 42, which sections contain the old law on the subject, and are expressly repealed by this Act. (See sect. 35 and Third Schedule, p. 215, post.)
The L. G. B. have, under sect. 26, p. 174, post, power hereafter to alter the number of wards of a borough, or the boundaries of any ward, or the apportionment of the members of the council among the wards. Formerly a similar power was conferred upon the L. C. C.
The now repealed provisions of the M. M. Acts prescribed the number of vestrymen to be elected for each parish on a basis of twelve for every thousand rated householders, with a minimum number of vestrymen of eighteen and a maximum of one hundred and twenty. This Act does not contain any similar provision, except that by sect. 2 (3), p. 10, post, the total number of aldermen and councillors is not to exceed seventy.
In assigning the number of vestrymen to each ward, under the old law, regard was to be had, so far as was considered practicable, as well to the number of rated householders as to the rateable value of each ward. It will be noticed that under this Act the population of the ward and not the number of rated householders is to be the element considered in connection with the rateable value.
The number of councillors assigned to each ward is to be divisible by three, inasmuch as, like their predecessors, one-third of the total number will retire annually, subject to any order of the L. G. B. that may be made under sub-sect. 8 of this section. (See p. 45, post.)
Rateable Value.-Defined, sect. 34, Lon. G. A.
(See p. 205, post.)
Population. For the purposes of the L. G. A., 1894, this was to be determined by the census of 1891 sect. 75 (2); and by sect. 39 provision was made in regard to subsequent increases and decreases of population "according to the last published census for the time being." Under sect. 3 (1) of the London (Equalisation of Rates) Act, 1894, an intermediate census of the population was taken on the
night of 29th March, 1896, and the provisions of the Census (England and Wales) Act, 1890 (53 & 54 Vict. c. 61), were applied in the case of the census so taken, as if it were taken in pursuance of that Act. By sect. 4 of the former Act, the expression "population " means population according to the last published census for the time being, including the census taken in pursuance of that Act, or in any year in which a census is not taken, according to the population estimated by the Registrar-General under that Act. The method of estimating the population for that Act is prescribed by sect. 3 (2), see p. 199, post.
2-(3.) The number of aldermen shall be one-sixth of the number of councillors, and the total number of aldermen and councillors for each borough shall not exceed seventy.
Number of Aldermen to Councillors. The proportionate number of aldermen to councillors is the same as that in the case of the L. C. C.: L. G. A., 1888, s. 40 (5). In other county councils and in boroughs regulated by the M. C. A., 1882, the proportion is onethird: see M. C. A., 1882, s. 14 (2). The number of aldermen can in no case exceed ten or the number of councillors exceed sixty.
2-(4.) Except as otherwise provided by or under this Act, the provisions of the Local Government Act, 1888, with respect to the chairman of the county council and the county aldermen respectively shall apply to the mayor and aldermen of a metropolitan borough respectively, and for this purpose references in that Act to the chairman of the county council and to county aldermen shall be construed as references to the mayor and aldermen of the borough.
Local Government Act, 1888.-The provisions of the L. G. A., 1888, as applied, are contained in the following sections:
2.-(1.) The council of a county and the members thereof shall be constituted and elected and conduct their proceedings in like manner, and be in the like position in all respects, as the council of a borough (a)
(a) "Borough" here means a borough subject to the M. C. A., 1882: see sect. 100, L. G. A., 1888. Sect. 75 of the Act of 1888, p. 11, post, incorporated certain sections of the M. C. A., 1882. These sections are set out pp. 12-19, post.
(Local Government Act, 1888.)
divided into wards, subject nevertheless to the provisions of this Act, and in particular to the following provisions, that is to say :—
(2.) As respects the aldermen
(a) clerks in holy orders and other ministers of religion shall not
(c) the aldermen shall be called county aldermen, . . .; and a
(5.) As respects the chairman of the county council
(a) (Not applied: sect. 2 (1), Lon. G. A.)
(b) he shall, by virtue of his office, be a justice of the peace for the county (e); but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace other than the oath respecting the qualification by estate (ƒ).
40.-(5.) (Not applied: sect. 2 (3), Lon. G. A.)
75. For the purposes of the provisions of this Act with respect to county councils, and to the chairmen of such councils the following portions of the Municipal Corporations Act, 1882, namely, Part II., Part III., Part IV. as amended by the MunicipalElections (Corrupt Practices) Act, 1884 . . . and Part I. of the Eighth Schedule shall, so far as the same are unrepealed and are consistent with the provisions of this Act, apply as if they were herein re-enacted with the enactments amending the same in such terms and with such modifications as are necessary to make them applicable to the said councils and their chairmen
and to the
(b) Removes the disqualification imposed by sects. 12 (1) (b) and 14 (3) of M. C. A., 1882.
(c) For the qualifications so required, see sect. 14 (3), M. C. A., p. 13, post.
(d) See note "Ownership of property," p. 12, post.
See notes to sect. 24, p. 171, post.
(f) See 31 & 32 Vict. c. 72.