83 LOCAL AUTHORITIES (TREASURY POWERS) АСТ, 1906. [6 EDW. 7, CH. 33.] An Act to transfer to the Local Government Board the [4th August, 1906.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: powers relating loans of local Sect. 1. (1) The Local Government Board shall exercise Transfer from Treasury to as regards every local authority in England, except the Local Govern London County Council, any power conferred on the Treasuryment Board of by any enactment contained in, applied by, or incorporated to property and with the Baths and Washhouses Acts, 1846 to 1899, or the authorities. Burial Acts, 1852 to 1900, or any local or private Act, as respects dealings with property, loans, and matters connected therewith; and all such enactments, and all enactments referring to the powers so conferred, shall be construed accordingly. Notes.-The Act substitutes the approval of the Local Government Board for that of the Treasury in respect of matters in the following public enactments : The appropriation by a borough council executing the Baths and Washhouses Acts for the purposes of those Acts in the borough of any lands vested in the mayor, aldermen and burgesses [Baths and Washhouses Act, 1846 (9 & 10 Vict. c. 74) s. 24]: The sale of lands vested in the authority executing the Acts and the application of the proceeds for the purchase of other lands, and the exchange of lands so vested (s. 31); The sale of public baths or washhouses or open bathing places which are unnecessary or too expensive to be kept up (s. 32); The borrowing by burial boards of any money required for providing and laying out any burial ground, and building a chapel or chapels therein [Burial Act, 1852 (15 & 16 Vict. c. 85) s. 19]. (2) Any such power, if exercised before the passing of this Act, whether by the Treasury or by the Local Government Board, shall be deemed to have been duly exercised. (3) If any question arises as to whether this Act applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be conclusive for all purposes. G 2 Sec. 1 (4). 51 & 52 Vict. C. 41. Short title Circular, 7th Sep., 1906 (4) Subsections (1) and (5) of section eighty-seven of the Local Government Act, 1888 (which relates to local inquiries), shall apply for the purpose of the carrying out by the Local Government Board of any of the powers transferred to them under this Act. Note. For the text of the applied subsections, see Note to section I of the Burial Act, 1906, page 26, ante. Sect. 2. This Act may be cited as the Local Authorities (Treasury Powers) Act, 1906. The Local Authorities (Treasury Powers) Act, 1906. CIRCULAR. TOWN COUNCILS.1 SIR, Local Government Board, Whitehall, S.W. I am directed by the Local Government Board to draw the attention of the town council to the Local Authorities (Treasury Powers) Act, 1906, (6 Edw. 7, c. 33), which has recently received the Royal Assent and which has been passed for the purpose of transferring to the Board certain powers hitherto vested in the Treasury under enactments relating to local authorities. In any borough in which the Baths and Washhouses Acts, 1846 to 1899, have been adopted it has hitherto been necessary that the approval of the Treasury should be obtained to the approbation or alienation of land under sections 24, 31 and 32 of the Act of 1846. Moreover, where a town council have been constituted a burial board, or have had transferred to them the powers and duties of a burial board, the Treasury have in nearly every case been the Department whose approval was required to the borrowing of money by the council for the purposes of the Burial Acts, 1852 to 1900. Again, section 72 of the Local Government Act, 1888, provided that the Board should exercise as regards any county borough, or other borough, the powers conferred by Part V. of the Municipal Corporations Act, 1882, relating to corporate property and liabilities, and as respects the approval of loans and of alienation of property and other matters therein mentioned. Powers have, however, been conferred from time to time upon the Treasury by various local or private Acts in relation to the property and loans of town councils, and in some cases it has been a matter of doubt whether the enactment above referred to has or has not transferred to the Board the powers with which the Treasury were thus invested. The effect of subsection (1) of section I of the new Act is to substitute the Local Government Board for the Treasury in relation to the matters above referred to. It provides that the Board shall exercise as regards every local 'Circulars on the subject of the Act were on the same date sent to urban district councils and burial boards. The fourth paragraph above was omitted from both those circulars and the second paragraph from the circular to burial boards. The wording in the latter circular of the paragraph referring to the borrowing of money was as follows:-" The Treasury have been the Department whose approval was required to the borrowing of money by burial boards for the purposes of the Burial Acts, 1852 to 1900." authority in England and Wales, except the London County Council, any power Circular, conferred on the Treasury by any enactment contained in, applied by, or 7th Sep., 1906 incorporated with the Baths and Washhouses Acts, 1846 to 1899, or the Burial Acts, 1852 to 1900, or any local or private Act as respects dealings with property, loans, and matters connected therewith, and that all such enactments and all enactments referring to the powers so conferred shall be construed accordingly. Subsection (2) of this section meets cases of doubt in the past by providing that any power as respects dealings with property, loans, and matters connected therewith, if exercised before the passing of the Act, whether by the Treasury or by the Board, shall be deemed to have been duly exercised. Should any question arise as to whether the Act applies to any power conferred by, or referred to in any enactment the decision of the Treasury is by subsection (3) made conclusive for all purposes. With a view of enabling the Board to carry out the powers transferred to them, subsections (1) and (5) of section 87 of the Local Government Act, 1888, are made applicable by section 1 (4) of the new Act. Under the enactments thus applied, the Board are empowered to cause local inquiries to be held, and to recover the costs incurred in relation to the inquiries. An Act to amend the Merchant Shipping Acts, 1894 to 1900. [21st December, 1906.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Note. This Act, which comes into operation 1st June, 1907 (s. 86 (2) ) contains some provisions which affect local authorities. Only those provisions are reprinted below. It is to be construed with the principal Act (s. 86 (1) ), which is the Merchant Shipping Act, 1894 (s. 84 (1) ), and may be cited together with the Merchant Shipping Acts, 1894 to 1900, as the Merchant Shipping Acts, 1894 to 1906 (s. 86 (1) ). Sec 14. Definition of steerage passenger. Sale of steerage passages. Sect. 14. The following paragraph shall be substituted for paragraph (3) of section two hundred and sixty-eight of the principal Act "(3) The expression steerage passenger' means all passengers except cabin passengers, and persons shall not be 'deemed cabin passengers unless "(a) the space allotted to their exclusive use is in the proportion of at least thirty-six clear superficial "fect to each statute adult; and "(b) the fare contracted to be paid by them amounts to "at least the sum of twenty-five pounds for the "entire voyage or is in the proportion of at least "sixty-five shillings for every thousand miles of 'the length of the voyage; and "(c) they have been furnished with a duly signed contract "ticket in the form prescribed by the Board of "Trade for cabin passengers." Note. This provision replaces a definition of " steerage passenger" in section 268 of the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60). Sect. 23. The provisions of Part III. of the Principal Act, relating to passage brokers, shall apply to any person who at any place in the British Islands sells or lets, or agrees to sell or let, or is anywise concerned in the sale or letting of, steerage passages from any place in Europe not within the Mediterranean Sea. Notes.-The provisions of Part III. of the Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60) relating to passage brokers are contained in sections 341 to 346 of the Act. Urban and rural district councils are interested in them as the licensing authorities for passage brokers. Under the Act of 1894 any person who sells or lets, or is anywise concerned in the sale or letting of steerage passages in any ship proceeding from the British Isles to any place out of Europe not within the Mediterranean Sea is for the purpose of Part III. of the Act a passage broker" (s. 341). That term will now include any person who at any place in the British Islands sells or lets, or agrees to sell or let, or is anywise concerned in the sale or letting of, steerage passages from any place in Europe not within the Mediterranean Sea (6 Edw. 7, c. 48, s. 23). Apparently the passage need not be to or from the British Isles. "Steerage "includes passages of all passengers except cabin passengers (57 & 58 Vict, c. 60, s. 268 (4) ), and "cabin passengers' is inferentially defined above (6 Edw. 7, c. 48, s. 14). A person must not act directly or indirectly as a passage broker unless he holds a licence from the council of the borough or district council of the district in which he has his place of business to act as passage broker. The licence remains in force until the 31st December in the year it is granted, and passage for 31 days afterwards. No licence is to be granted unless the applicant has on Sec. 23. NOTES. PROVISIONS AS TO RELIEF AND REPATRIATION OF DISTRESSED SEAMEN, AND SEAMEN LEFT BEHIND ABROAD. Sect. 28. (1) If a seaman belonging to any British ship is left behind out of the British Islands, the master of the ship shall subject to the provisions of this section Note. This section is reprinted as a whole so that the bearing of subsection (8) may be understood. As to the application of that subsection to guardians of the poor, see the last paragraph of the subsection, and Note thereon. (a) as soon as may be, enter in the official log-book a statement of the effects left on board by the seaman and of the amount due to the seaman on account of wages at the time when he was left behind; and (b) on the termination of the voyage during which the seaman was left behind, furnish to the proper officer within forty-eight hours after the arrival of the ship at the port at which the voyage terminates, accounts in a form approved by the Board of Trade, one (in this section referred to as the delivery account) of the effects and wages, and the other (in this section referred to as the reimbursement account) of any expenses caused to the master or owner of the ship by the absence of the seaman in cases where the absence is due to desertion, neglect to join his ship, or any other conduct constituting an offence under section two hundred and twenty-one of the principal Act. The master shall, if required by the proper officer, furnish such vouchers as may be reasonably required to verify the accounts. (2) The master of the ship shall deliver to the proper officer the effects of the seaman as shown in the delivery account, and subject to any deductions allowed under this section, the amount due on account of wages as shown in that account, |