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49
well, St. Luke's and Holborn District Board, upon
the subject of the Gas Companies' charges, and asking
the Vestry to share the expense of placing a
strong case before the Committee of Enquiry of the
House of Commons, and to appoint a delegate;
whereupon the Vestry agreed to contribute to the
necessary expenses, and appointed Mr. Tripp as its
delegate.
Some doubt, however, was raised as to whether
the Metropolitan Local Authorities are legally entitled
to expend money raised by rates in promoting
an enquiry into the gas company's charges, the
opinion of Counsel was therefore taken by the Holborn
Board of Works. The case and opinion is as
follows: —
Case.
For the Joint Opinion of Counsel and Opinion of Alexander
Macmorran, Esq., Q.C., and H. Courthope Munroe, Esq.
The Local Authorities of the Metropolis outside the City of
London were incorporated by "The Metropolis .Managemen
Act, 1855" (18 and 19 Vic., Cap. 120), and they have various
powers conferred on them by that Statute and the Acts amending
the same.
One of their powers and duties is that of lighting the streets
and places within their respective districts by the erection and
maintenance of a sufficient number of lamps, for which purpose
they are empowered to make and levy a lighting rate, and are
constituted the Lighting Authorities, with powers to enter into
any necessary contracts for supplying gas or other illuminant in
such lamps as they may see fit.
These powers with reference to lighting are contained in Section
90 of the first above-mentioned Act, and in consequence
thereof the Lighting Authorities are very large consumers of gas
for street lighting.
The expenses incurred by the Local Authorities in carrying out
their duties under the Statute are provided for under Section
158, which set forth how the sums of money required by them are
to be raised.
The accounts of the Local Authorities are audited by auditors
appointed under Sections 11 and 12, and in accordance with the