Directions to the Voter.

[ocr errors]

The voter must write his initials under the heading "in favour or "against" according as he votes for or against the resolution, and must subscribe his name and address at full length.

If the voter cannot write he must make his mark instead of initials, but such mark must be attested by a witness, and such witness must write the initials of the voter against his mark.

If a proxy votes he must in like manner write his initials, subscribe his own name and address, and add after his signature the words "as proxy for" with the name of the body of persons for whom he is proxy.


This paper will be collected on the


[blocks in formation]

Powers of County Councils to promote and oppose Bills in Parliament. The Borough Funds Act does not apply to county councils. County councils are not empowered to promote bills by the L. G. A., 1888, but by sect. 15 (a) of that Act they may oppose any bill in Parliament, and the consent of owners and ratepayers is not required. The L. C. C. possess a special power to promote water bills; and see sect. 144 of the M. M. A., 1855, which applies equally to the L. C. C. and the borough councils, and which does not appear ever to have received judicial interpretation.

Section 7.


7. Expenses incidental to transfer of powers or duties.]—(1.) Where any power or duty is transferred from the London County Council to a borough council or from a borough council to the London County Council by or under this Act, the borough council or county council, as the case may be, shall defray as part of their ordinary expenses the expenses of and incidental to the power or duty, but the county council shall contribute to the borough council, or the borough council to the county council, in respect of those expenses, such amount, if any (whether capital or annual), and subject to such conditions, if any, as may—

(a) if the transfer is made by this Act, be agreed on between

the councils within six months after the transfer, or in default of agreement be finally determined by the Local Government Board; and

(b) if the transfer is made by a Provisional Order, be fixed by the Order.

Provided that every borough council shall have an opportunity of making a representation to the Local Government Board as to the amount of any contribution under this section to another council, and if the amount is settled by agreement may, within three months from the date at which the agreement is notified to them, appeal against it to the Local Government Board, who may finally determine the amount.

Expenses incidental to Transfer.-The section provides the requisite machinery for effecting the financial readjustments which are rendered necessary by the changes made and contemplated by the Act in the bodies by whom various powers are, in future, to be exercised. If no such provision were made it is obvious that the incidence of local taxation would be considerably affected, as expenditure in respect of powers heretofore exercised by the L. C. C. and by or under this Act transferred

to the new councils, now paid out of the county rate, and therefore equalised throughout the metropolis, would be thrown on the local rates, while the converse would be the case in the event of any powers being hereafter transferred from the local authorities to the central body. This result is avoided by the provision made in the section that the body from whom any power is taken shall make a contribution to the body to whom the power is given in respect of the cost of its exercise. In other words, whilst the power is transferred, the expense incidental to it is not. See also sect. 6 (2), p. 69, ante.

Transfers by the Act.-The powers and duties so transferred will be found in sect. 5 (1), p. 63, ante, sect. 6 (1) and (4), pp. 67 and 71, ante, and Part I. of the Second Schedule.

Transfers under the Act.-With regard to any future transfer of powers, see sect. 5 (3) and (4), p. 65, ante, and sect. 6 (2), p. 69, ante, and sub-sect. (2) of this section, infra.

As part of their ordinary expenses.-The ordinary expenses of the L. C. C. are paid out of the county rate, and the ordinary expenses of the borough councils will be defrayed from the general rate.

In default of agreement.-For the power of the L. G. B. to determine differences, see sect. 28 (3), p. 182, post.

7-(2.) Where the transfer is made by Provisional Order the amount of contribution from or to the county council may be varied in each case to meet the circumstances of the case.

Provisional Orders.-As to provisional orders, see sect. 28, p. 179,


7-(3.) This section shall apply as if the Common Council of the City of London were the council of a metropolitan borough.

City of London.-This sub-section forms, with sect. 5 (4) and sect. 16 (3), an exception to the statement that the City of London is not affected by this Act.

See the notes under the heading "City of London" to sect. 1, p. 5, ante.

Section 8.


8. Committees.]-(1.) Any committee appointed by a borough council for the purpose of the Public Libraries Acts, 1892 and 1893, may consist partly of persons not members of the council.

Public Libraries Acts.-By sect. 4 (2), p. 56, ante, the borough council is to be the authority for administering these Acts. Sect. 15 of the Public Libraries Act, 1892, provides for the management of libraries, &c. by the library authority :

15.—(1.) The general management, regulation, and control of every library, museum, art gallery, and school provided under this Act shall be vested in and exercised by the library authority, and that authority may provide therein books, newspapers, maps and specimens of art and science, and cause the same to be bound and repaired when


(2.) The library authority may also appoint salaried officers and servants, and dismiss them, and make regulations for the safety and use of every library, museum, gallery and school under their control, and for the admission of the public thereto.

(3.) Provided that a library authority being an urban authority may if they think fit appoint a committee and delegate to it all or any of their powers and duties under this section, and the said committee shall to the extent of such delegation be deemed to be the library authority. Persons appointed to be members of the committee need not be members of the urban authority.

8-(2.) Every committee shall report their proceedings to the council, but, to the extent to which the council so direct, the acts and proceedings of the committee shall not require the approval of the council. Provided that a committee shall not raise money by loan or by rate, or spend any money beyond the sum allowed by the council.

Committees of Borough Councils.-The first part of this sub-section

is taken from sect. 82 (2) of L. G. A., 1888: cf. sect. 22 (2) of M. C. A., 1882, whereby the acts of every committee are to be submitted to the council for approval. Under the Act of 1888 this requirement was dispensed with, but all committees must report to the council. The proviso follows that in sect. 81, Housing of Working Classes Act, 1890 (53 & 54 Vict. c. 70): cf. also L. G. A., 1894, s. 56 (1). This provision is an enlargement of the powers of committees under sects. 58 and 59 of the M. M. A., 1855, upon the lines of sect. 99 (3) and (4) of the Public Health (London) Act, 1891. Sects. 58 & 59 of the Act of 1855 are as follows:58. It shall be lawful for (a) (b) any such vestry (b) to appoint a committee or committees for any purpose which, in the discretion of the . . . (b) vestry would be better regulated and managed by means of such committee, and at any meeting to continue, alter, or discontinue such committee . .



[ocr errors]

59. Every committee so appointed may meet from time to time, and may adjourn from place to place, as they may think proper, for carrying into effect the purposes of their appointment; but no business shall be transacted at any meeting of the committee unless three members of the committee are present.

Sect. 99 (3) (4) of the Public Health (London) Act, 1891, is as follows:

99.-(3.) The purposes for which a committee of a vestry may be appointed under the Metropolis Management Act, 1855 (c), and the Acts amending the same, shall include the purposes of this Act, and the provisions of those Acts with respect to committees shall apply accordingly.

(4.) Where a sanitary authority (d) appoint a committee for the purposes of this Act, that committee, subject to the terms of their appointment, may serve and receive notices, take proceedings, and empower any officer of the authority to make complaints and take proceedings in their behalf, and otherwise to execute this Act.

The provision of sect. 81 of the Housing of the Working Classes Act, 1890, is as follows:

81. For the purposes of this Act, a local authority (e) acting under

Words omitted repealed by 55 & 56 Vict. c. 19 (Stat. Law Rev.).

Words repealed by Lon. G. A., Third Schedule.

(c) See sects. 58 and 59, M. M. A., 1855, supra.

Defined in sect. 99 (1) (b) (c) (d) and (e). The borough councils succeed

these authorities under sect. 4 (1) of Lon. G. A.

(e) For the purposes of Part II. of the H. W. C. A., 1890, defined in sect. 92 and First Schedule; the borough councils succeed under sect. 4 (1), Lon. G. A.

« ElőzőTovább »