4 & 5 Will. 4, The c. 76. Poor Law Section thirty-two, from the words " proAmendment Act, vided always," where they first occur, to "entitled thereto, as the case may be." Section forty-six, from "and in case of any addition to the end of the section. 1834. 7 & 8 Vict. The Poor C. IOI. Law Note.-The enactments repealed relate to adjustments, &c., which can now be dealt with under section 2 of this Act. CIRCULAR. SIR, Local Government Board, I am directed by the Local Government Board to draw the attention of the Board of Guardians to the Poor Law (Dissolution of School Districts and Adjustments) Act, 1903 (3 Edw. 7, c. 19), which has recently received the Royal Assent. Section 2 of the Act introduces a new method of procedure in relation to the adjustment of property and liabilities upon the alteration of areas or authorities under the Poor Law Acts. The short effect of the section is to enable any necessary adjustments of property, income, debts, liabilities, and expenses so far as they are AND ADJUSTMENTS) ACT, 1903. 159 affected by any alteration of areas or authorities, to be settled by agreement between the boards of guardians or other authorities concerned, or in default of agreement, to be determined by arbitration in a manner similar to that in which adjustments of the same nature may be made where areas are altered under the provisions of the Local Government Act, 1888. Section 62 of that Act is accordingly made applicable for this purpose, subject to certain modifications which are specified in the first schedule to the new Act. For convenience of reference section 62 of the Act of 1888 and the first schedule of the new Act indicating the modifications to be made in it for the purposes of these adjustments are set out in an appendix to this circular. In future, therefore, adjustments consequent on alterations or areas effected under the Poor Law Acts will cease to be made by the Board, and the provisions of those Acts under which such adjustments have hitherto been made are repealed by section 3 and the second schedule to the new Act. It will be remembered that provision is made by section 1 of the Dissolved Boards of Management and Guardians Act, 1870 (33 & 34 Vict. c. 2), upon the dissolution of a district or union, or the addition of any parish under a separate board of guardians to a union or parish, for the continuance in office for certain specified purposes of the persons who were acting as managers or guardians at the time of the dissolution or addition. In order to further facilitate the work of adjustment section 2 (2) of the new Act provides that the making of agreements for adjustments and the carrying out of any such agreements, or (where adjustments are settled by arbitration) of awards made in pursuance of the provisions of the Act, shall also be a purpose for which persons are to continue in office under section I of the Act of 1870. It may be here mentioned that the Board's power to dissolve school districts formed under the Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), is extended by section I of the new Act so as to include cases where no part of the district is situate within the metropolis. The provisions of sections 2 and 3 above referred to will apply in these cases also. The Board desire to take this opportunity of reminding the guardians that the Vaccination Act, 1898 (61 & 62 Vict. c. 49), which as originally provided by section 10 (2) of that Act would only remain in force until the 1st January, 1904, is continued in force by the Expiring Laws Continuance Act, 1903 (3 Edw. 7, c. 40), until the 31st December, 1904. L.G.B. Circular, 31st Aug., 1903. To the Clerk to the Guardians. I am, Sir, Your obedient Servant, S. B. PROVIS, RAILWAYS (ELECTRICAL POWER) ACT, 1903. [3 EDW. 7, CH. 30.] An Act to facilitate the Introduction and Use of Electrical [14th August, 1903.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and 3 Edw. 7, c. 30. Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Introduction of under orders of Board of Trade. Sect. 1. (1) With the object of facilitating the introduction electrical power and use of electrical power on railways the Board of Trade may, upon the application of a railway company, make orders for all or any of the following purposes, namely Acquisition of land for electrical works. Note. —“ Railway company " includes a company or person working a railway under lease or otherwise (s. 6 (1) post). For the power of a county council or local authority to make objections to the making of an order, see section 4. Act came into operation Ist January, 1904. The (a) authorising a railway company to use electricity in addition to or in substitution for any other motive power, and for any other purpose; (b) authorising the company to construct and maintain (c) authorising agreements between the company and any (e) authorising the company to subscribe to any electrical (f) securing the safety of the public; (g) authorising the issue of new capital by the company for any of the purposes of this Act; (h) any other matters, whether similar to the above or not, which may be considered ancillary to the objects of the order, or expedient for carrying those objects into effect. Note. See also section 2 (1) below. (2) An order made by the Board of Trade under this Act shall, on coming into operation, have effect as if enacted by Parliament. Note. It will, therefore, be for all purposes final and conclusive, and no question as to its validity could be raised-Baker v. Williams ([1898] 1 Q.B. 23: 66 L.J.Q.B. 880; 77 L. T. 495; 62 J. P. 21; 46 W. R. 64). Sect. 2. (1) An order under this Act may contain provisions authorising the acquisition of land by any railway S. 2 (1). Acquisition of land for company for the purpose of constructing generating stations 3 Edw. 7, c. 30, or other electrical works, but if power is given by order to acquire the land otherwise than by agreement, the order shall not come into operation, so far as it gives that power, unless confirmed by Parliament, and the Board of Trade may bring in a Bill for confirming the order. (2) If while a Bill confirming any such order is pending in either House of Parliament a petition is presented against the order, the Bill, so far as it relates to the order, may be referred to a select committee, or, if the two Houses of Parliament think fit so to order, to a joint committee of those Houses, and the petitioner shall be allowed to appear and oppose as in the case of Private Bills. electrical works. Sect. 3.-(1) Before making an order under this Act the Board of Trade Board of Trade shall be satisfied that the public notice inquiries. required by rules made under this Act of the application for the order has been given, and shall consider any objections made by the council of any county, any local authority, or other person to the application in accordance with those rules, and give to those by whom the objection is made an opportunity of being heard, and if after consideration the Board decide that the objection should be upheld, the Board shall not make the order or shall modify the order so as to remove the objection. Note. "Local authority "would include borough councils, urban and rural district councils, parish councils, and parish meetings. (2) The Board of Trade may, if they think fit, hold a local inquiry for the purpose of considering any application for an order under this Act, and the Board of Trade Arbitrations, &c. 37 & 38 Vict. Act, 1874, shall apply to any inquiry so held as if— (a) the inquiry was held on an application made in (b) the parties making the application for the order and Notes. The following provisions of the Board of Arbitrations, &c. Act, 1874, apply to Board of Trade inquiries: * Sect. 2. Where an inquiry is held by the Board of Trade for the purposes of this section, or in pursuance of any general or special Act passed either before or after the passing of this Act, directing or authorising them to hold any inquiry, the Board of Trade may hold such inquiry by any person or persons duly authorised in that behalf by an order of the Board of Trade, and such inquiry if so held shall be deemed to be duly held." C. 40. Power of Board of Trade as to inquiry "Sect. 3. Where application is made in pursuance of any special Act passed either before or after the passing of this Act, to the Board of Trade to be arbitrators, or to appoint any arbitrator, referee, engineer, or other person, or to hold any inquiry, or to sanction, approve, confirm or determine, any appointment, matter, or thing, or to make any order, or to do any other act or thing for the purposes of such special Act, all expenses incurred by the Board of Trade in relation to such application and the proceedings consequent thereon, shall, to such amount as the Board of Trade may certify by their order to be due, be defrayed by the parties to such application, and (subject to any provision contained in the said special Act) shall be defrayed by such of the parties as the Board of Trade may by order direct, or if so directed by an order of the Board of Trade shall be paid as costs of the arbitration or reference. The Board of Trade may, if they think fit, on or at any time after the making of the application, by order require the parties to the application, or any of them, to pay to the Board of Trade such sum as the Board of Trade think requisite for or on account of those expenses, or to give security to the satisfaction of the Board of Trade for the payment of those expenses on demand, and if such payment or security is not made or given may refuse to act in pursuance of the application. All expenses directed by an order of the Board of Trade or an award in pursuance of this section to be paid may be recovered in any court of competent jurisdiction as a debt, and if payable to the Board of Trade, as a debt to the Crown, and an order of the Board of Trade shall be conclusive evidence of the amount of such An order of the Board of Trade for the purposes of this part of this Act, or of any such special Act as is referred to in this part of this Act, may be made by writing under the hand of the president or of one of the secretaries of the Board.' Sect. 4-(1) The Board of Trade may (with the concurrence of the Treasury as to number and remuneration) appoint or employ such persons as appear to them to be required for carrying this Act into effect, and the remuneration of such persons, and any other expenses of the Board of Trade under this Act, shall be defrayed out of moneys provided by Parliament. (2) There shall be charged in respect of proceedings under this Act before the Board of Trade such fees as may be fixed by the Treasury on the recommendation of the Board of Trade. Sect. 5. The Board of Trade may make such rules as they think necessary for regulating the notices and advertisements to be given of any application for an order under this Act or otherwise for the purposes of this Act, and any other matter which they think expedient to regulate by rule for the purpose of carrying this Act into effect. Sect. 6. (1) In this Act the expression " railway company includes a company or person working a railway under lease or otherwise. (2) Nothing in this Act shall affect any powers which a railway company may have independently of this Act. |