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weights) as they deem requisite for the purpose of the verification of all weights and measures in use in their county or borough, and must fix the places where these standards are to be deposited. The local standards must be copies of Board of Trade standards.
They must provide from time to time proper means for testing weights and measures by comparison with the local standards, and for stamping the weights and measures verified. Where it becomes necessary to provide a new local standard, a copy must be made of a Board of Trade standard, and the Board of Trade must, free of charge, have the copy compared with a Board of Trade standard, and the local standard must be stamped by the Board of Trade as verified, and the fact of the verification must be evidenced by an indenture signed by an officer of the Board, so that each local standard has its indenture of verification.
The Local Authority must take steps to have their local standards re-verified from time to time, namely, in the case of a standard of weight, every five years at least, and in the case of a standard of length, every ten years at least, or at any other time if a local standard is damaged.
If a local standard has been damaged the re-verification must be made by the Board of Trade in the same way as the original verification. In other cases the re-verification may be made by the Board of Trade, or by local comparison.
A local comparison of a local standard is made by an Inspector of Weights and Measures for the county or borough in which such local standard is used, comparing the same, in the presence of a Justice of the Peace, with some other local standard that has been verified or re-verified by the Board of Trade, in the case of a weight within the last five years, and in the case of a measure, within the last ten years.
If on a local comparison the local standard is found correct, the Justice must sign an indorsement upon the indenture of verification of such standard, stating such local comparison and verification, and the error, if any found thereon, and the indorsement so signed must be transmitted to the Board of Trade to be recorded.
Every Local Authority must appoint a sufficient number of Appointment of Inspectors of Weights and Measures. If they appoint more
| All coin weights in use must be verified by the Board of Trade.
? Her Majesty may, from time to time, by Order in Council, determine the error to be tolerated in local standards.
than one they must allot to each Inspector (subject to any arrangement for a chief Inspector or Inspectors) a separate district, to be distinguished by some name, number, or mark. They may appoint different persons to be Inspectors for verification and for inspection respectively of weights and measures. A maker or seller of weights and measures must not be an Inspector.
The Local Authority must fix times and places at which each Inspector is to attend for the purpose of verification of weights and measures.
Two or more Local Authorities may combine, as regards either the whole or any part of the areas within their jurisdiction, for all or any of the purposes of this Act, upon such terms and in such manner as they may agree upon.
A Local Authority may make bye-laws, and when made alter and revoke and vary them: (i.) For regulating the comparison with their local standards,
and the verification and stamping of weights and
measures in use in their county or borough. (ii.) For regulating the local comparison of their local
standards. (iii.) Generally for regulating the duties of their Inspectors.
The bye-laws must be approved by the Board of Trade, and must be published before such approval as the Board of Trade may direct. Such bye-laws may impose fines not exceeding £i, to be recovered summarily.
On appointment an Inspector must enter into a recognisance with the Crown (to be sued for in any court of record) in the sum of £200 for the due performance of the duties of his office, and for the due payment, at the times fixed by the Local Authority appointing him, of all fees received by him under the Act, and for the safe custody of the local standards and the stamps and appliances for verification committed to his charge, and for their due surrender immediately on his removal or other cessation from office to the person appointed to receive them.
An Inspector must make the local comparisons of the local standards from time to time, and also attend at the places and times appointed by the Local Authority with the local standards in his custody, for the verification of weights and measures. He must at such times and places examine every measure or weight which is of the same denomination as one of such standards and which is brought to him for the purpose of verification by comparing it with that standard. If
he find it correct he must stamp it with a stamp of verification in such manner as best to prevent fraud ; and, in the case of a measure or of a weight of lb. or upwards, he must further stamp on it a name, number, or mark distinguishing the district for which he acts. He must enter in a book kept by him minutes of such verification, and if required give a certificate under his hand of such stamping. He may take such fees for stamping and verification as the Local Authority may fix, on a scale not higher than is shown by the fifth schedule to the Weights and Measures Act, 1878. He must, at such times as the Local Authority may fix, pay over to their Treasurer all such fees.
Every Inspector authorised in writing under the hand of a Justice of the Peace, as also every Justice of the Peace, may at all reasonable times inspect all weights, measures, scales, balances, steel-yards, and weighing machines which are used within his jurisdiction.
Yorkshire Registries Act, 1884. Under this Act (47 & 48 Vict. c. 54), every assurance or will affecting lands in any of the three Ridings of Yorkshire (including any county borough therein) must be registered.
For this purpose the County Council of each Riding must maintain a registry office ; that for the North Riding being at Northallerton, that for the East Riding (in which for this purpose Kingston-upon-Hull is included), at Beverley, and that for the West Riding at Wakefield. The business of each registry must be conducted by a Registrar, assisted by a staff of Clerks, &c.
On the occurrence of a vacancy in the office of Registrar, the County Council may appoint a barrister or solicitor in actual practice, and of not less than seven years' standing, or a person who has discharged the duties of Deputy Registrar for at least five years; but the appointment must be confirmed by the Lord Chancellor. A Registrar is (subject to savings for the rights of Registrars appointed before the 7th August, 1884) removable by the County Council in their discretion, or by the Lord Chancellor for misconduct.
The County Council may make rules for the conduct of business at a registry, which must however be confirmed by the Lord Chancellor.
QUALIFICATION AND REGISTRATION
We have already explained in Chapter I. that County Councillors are elected one for each electoral division of the county, and that Town Councillors are elected either at one election for the whole borough or, should the borough be divided into wards, so many for each ward of the borough.
As a preparation for the election of County Councillors and Town Councillors, lists are annually prepared of persons qualified to vote for Councillors for each county and borough. Such a list of persons qualified to vote for County Councillors is known as the Register of Electors for the county, or the County Roll, and such a list of persons qualified to vote for Town Councillors is known as the Register of Electors for the borough, or the Burgess Roll.
Every person whose name is on the register of electors in force for a county or borough is, with certain exceptions, entitled to vote at an election of Councillors for the county or borough, whether he was in the first instance entitled to have his name put on the register or not. We must therefore inquire as to the preparation of the register of electors, and the first point is, what qualification entitles a person to be entered upon that register. The qualification is the same, whether for a county or borough.
The principal statutory provisions on the subject are contained in
The Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50,) secs. 9, 31, 33, 63.
The Registration Act, 1885 (48 & 49 Vict. c. 15).
A person on the register of electors for a borough is called a burgess, or, if the borough is a city, a citizen, and a person on the register of electors for a county who is not a
burgess, is called a county elector; but the term burgess is employed in most Acts and in this work to include citizen. The qualification which entitles a person to be registered Qualifications of
a burgess or county elector is complicated, and has and Burgesses. been laid down in the County Electors Act, 1888, in the following way.
The “burgess qualification ” which is given in the Municipal Corporations Act, 1882, is extended to the rest of the county, and in addition it is provided that the “£10 occupation qualification," obtaining for parliamentary purposes, slightly modified and made to include women and peers, shall entitle a person to be registered as a burgess or county elector.
A person to be entitled to be registered as an elector (who may be either a man a woman) must have the following qualifications : 3
I. He must be of full age. The exact date on which the person must have reached the age of twenty-one is uncertain. He must clearly be of full age before the lists are finally revised by the Revising Barrister, but perhaps it is necessary that he should have been of full age on the preceding 15th July. 4
II. He must on the 15th July be, and for the whole of the preceding twelve months, have been, in occupation in the county or borough of property of a nature to entitle him to be registered.
Such property is called “qualifying property.” It must be either--
occupation may be joint or several. Building has been held to include very
and have been intended to be of some utility.”
or profession, or as a dwelling. A person occupying part of a house separately
1 This appears to be the effect of s. 3 of the County Electors Act; but the meaning of that section, which was added during the progress of the Act through Parliament, is obscure. It is very probable that the section will not be held to apply to women or peers. It is worthy of remark that the section professes to deal with the £ 10 occupation qualification within the meaning of the Registration Act, 1885, whereas that Act contains no definition of £10 occupation qualification, except incidentally in the course of the instructions to Overseers contained in the schedules.
See note i supra. We use the masculine pronoun throughout for simplicity. 3 Municipal Corporations Act, 1882, sec. 9; The County Electors Act, 1888, secs. 2,3, and schedule.
* See Hargreaves v. Hopper, i C.P.D., 195. 5 See Morish v. Harris, L.R., I C.P. 155.
Municipal Corporations Act, 1882, sec. 31; Grenaway v. Batchelor (Aldridge's case) 12 Q.B.D., 381,