Page images
PDF
EPUB

Wards of Sanitary District.

sanitary districts or wards, or be comprised in one sanitary district or ward.

After the first election of County Councils, the Local Government Board may, on the representation of a County Council, alter the number of Councillors for the county and the boundaries of any electoral division of the county.

If two-thirds of a Town Council agree, a petition may be Wards of presented to the Crown by the Town Council for the division of the borough into wards, or for the alteration of an existing division; the petition will be considered in the Privy Council, and Her Majesty may, by Order in Council, provide for the division or alteration accordingly.

If a primâ facie case is made out for the division of a sanitary district into wards, or for the alteration of the number of wards of a sanitary district, or of the boundaries of any ward, or of the number of members of the Sanitary Authority, the County Council, within whose county the district is situated, must hold a local inquiry, and cause notice to be given, both locally and to certain Government Departments, in such manner as the Local Government Board may prescribe, and if satisfied that the proposal is desirable, the County Council may make an absolute Order carrying it into effect.

In conclusion we may mention that, under the Local Government (Boundaries) Act, 1887 (50 & 51 Vict. c. 61), certain persons were appointed Boundary Commissioners and were directed to make certain inquiries as to desirable alterations of local boundaries. Every report made by the Boundary Commissioners is to be laid before the Council of any administrative county or county borough affected thereby, and the Council must take such report into consideration. 3

[blocks in formation]

CHAPTER V.

BUSINESS OF A FULLY CONSTITUTED

COUNTY COUNCIL.

Number of
County
Councillors.

In this chapter we propose to deal with the business of a fully constituted County Council. We shall first mention some matters connected with the constitution and proceedings of County Councils, and afterwards explain the business they will have to transact.

In speaking of the constitution and proceedings of a County Council we shall, as the difference in the proceedings of the two bodies is but small, take occasion to mention the corresponding matters connected with a Town Council. The matters to be considered are the number of Councillors, the office of Chairman or Mayor, the rules concerning the meetings of a Council, the appointment of Committees, and the appointment of the general officers of the Council.

The number of Councillors of each County Council, which is identical with the number of electoral divisions, has been, as we have seen, determined by the Local Government Board for the first election. This number may be altered from time to time by an Order of that Board made after local inquiry, on the representation of a County Council. The Order of the Local Government Board altering the number of Councillors may of course involve a corresponding alteration in the number of County Aldermen.1

The number of Town Councillors in a borough depends, in general, on the charter of the borough, or upon a local statute. Some boroughs are divided into wards for election purposes and others not. If the Town Council are desirous of having their borough divided into wards or of obtaining an alteration in a division already made, they may, if two-thirds of the members of the Council agree, petition Her Majesty for such division or alteration, whereupon the petition will be taken into consideration by the Privy Council. It is believed that in connection with the division of a borough into wards, or an alteration in the existing number of wards, an alteration in the number of Town Councillors may be effected, and where an alteration in the boundaries of a borough is made in pursuance of the Local Government Act, 1888, the number of Councillors may at the same time be altered? ; but it seems that except in these cases no alteration can be made in the number of Town Councillors by any means short of a Local Act.

Number
of Town
Councillors.

1 Local Government Act, 1888, sec. 54; and see ante, p. 105.

The Chairman of a County Council is, during his year of Chairman and office, a Justice of the Peace for the county, by virtue of Mayor. his office. But before acting as such Justice, he must, 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. The County Council may from time to time appoint a member of the Council to be Vice-Chairman, to hold office during the year of office of the Chairman, and subject to any rules made by the County Council, anything authorised or required to be done by, to, or before the Chairman, may be done by, to, or before the Vice-Chairman.2 The Mayor of a borough also is, during his term of office, a Justice of the borough, and unless he becomes disqualified to be Mayor, he continues to be a Justice during the year after he goes out of office. The Chairman of a County Council and the Mayor of a borough may receive such salary as the Council in each case think fit.*

The Mayor of a borough may from time to time appoint an Alderman or Councillor to act as Deputy Mayor during his illness or absence. The appointment must be signified to the Town Council in writing and be recorded on the minutes of the Town Council. The Deputy so appointed will have all the powers of Mayor, except that he will not be a Justice of the Peace, and will not take the chair at a meeting of the Town Council unless specially appointed at the meeting to do so.5

Rules as to meetings of a Town Council are given in the Rules as to second schedule to the Municipal Corporations Act, 1882,9 Councií.

1 Local Government Act, 1888, sec. 54. ? Ib., sec. 2. 3 Municipal Corporations Act, 1882, sec. 155. * Ib., sec. 15. 5 Th., sec. 16. * See post, p. 350.

and are applicable also to a County Council ; subject to the
following modifications : 1
(i.) Chairman of the County Council must be substituted

for Mayor.
(ii.) Clerk of the County Council must be substituted for

Town Clerk. (iii.) The 7th November must be substituted for the gth

November as the day for holding a quarterly meeting

of the County Council. (iv.) One-fourth of the whole number of the Council will be

a quorum, and must be substituted for one-third in

paragraph 10 of the rules. No member of a County or Town Council may vote or take part in the discussion of any matter before the Council or before a Committee in which he has directly or indirectly, by himself or his partner, any pecuniary interest.? A County Councillor elected for an electoral division consisting wholly of a Quarter Sessions Borough, the population of which, according to the census of 1881, exceeded 10,000, or consisting of some part of such borough, must not act or vote in respect of any question arising before the Council as regards matters involving expenditure, on account of which the parishes in the borough are not liable to be assessed equally with the rest of the county, to county contributions.3

A County Council have powers of appointing Committees of their own body and also to join with other bodies in the appointment of Joint Committees, and there are some such Committees which must be appointed.

Any County Council may appoint a Committee for any purpose, and delegate such powers as they think fit to such Committee, except that they must not delegate any power of raising money by rate or by loan. The Council appointing a Committee may make, from time to time, and vary and revoke regulations respecting the quorum and proceedings of the Committee, and as to the area (if any) within which it is to exercise its authority. Subject to such regulations, the proceedings and quorum will be such as the Committee itself may from time to time direct.

A County Council may join with any other County Council or Councils, or with any Court or Courts of Quarter Sessions, or with the Town Council Councils of

Committees. 4

or

1 Local Government Act, 1888, sec. 75.

Municipal Corporations Act, 1882, sec. 22.
3 Local Government Act, 1888, sec. 35. Ib., secs. 28, 81, 82.

4

any county borough or county boroughs in appointing out of their respective bodies a Joint Committee for any purpose in respect of which they are jointly interested. To such a Committee, the bodies appointing it may delegate any powers that they think fit, except any power of making a rate or borrowing money. Subject to the terms of delegation, such a Joint Committee will, in respect of any matters delegated to it, have the same power in all respects as the Councils, or Councils and Courts appointing it. The members of a Joint Committee may be appointed at such times, and in such manner, and will hold office for such time, as may be fixed by the appointing bodies; but where any members of the Committee are appointed by a County Council, the Committee must not continue to exist for more than three months after the day of general election of County Councillors. The bodies appointing such a Committee may make, vary, and revoke regulations respecting the quorum and proceedings of such Committee, and as to the area (if any) within which it is to exercise its authority. Subject to such regulations the proceedings and quorum will be such as the Committee itself

may direct.

The following Committees must be appointed :

Ist. A Standing Joint Committee of the County Council and Standing Joint Quarter Sessions of the County. This Committee must consist County Council of an equal number of Justices appointed by the Quarter and Quarter Sessions, and of members of the County Council appointed by the Council. The number of the Committee must be determined by agreement between the Quarter Sessions and the County Council, or in default of agreement, by a Secretary of State.

The Standing Joint Committee must elect a Chairman, and should there be an equality of votes for two or more persons, one of those persons must be elected Chairman by lot. The business of the Standing Joint Committee includes the management of the police and other matters.

2nd. A Finance Committee must be appointed by each Finance County Council.?

3rd. In each of the six entire counties, which comprise more Joint Committee than one administrative county, a Joint Committee must be county.: appointed by the County Councils of the administrative counties comprised therein. Such a Joint Committee must,

Committee.

1 Local Government Act, 1888, sec. 30. " Ib., sec. 8o.

Ib., secs. 46, 64, 82.

« PreviousContinue »