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the same free of charge for hearing objections to nomination papers and for counting votes.

(17.) All costs properly incurred in relation to the holding of elections of councillors of county councils, so far as not otherwise provided for by law, shall be paid out of the county fund as general expenses.

(18.) The said costs shall not exceed those allowed by Part I. of the First Schedule to the Parliamentary Elections (Returning Officers) Act, 1875, as amended by the Parliamentary Elections (Returning Officers) Act, 1885, or by such scale as the county council may from time to time frame.

(19.) Sections four, five, six, and seven of the Parliamentary Elections (Returning Officers) Act, 1875, as amended by the Parliamentary Elections (Returning Officers) Act (1875) Amendment Act, 1886, shall apply as if they were herein re-enacted with the necessary modifications, and in particular with the substitution of the county council for the person from whom payment is claimed, and of one month for the period of fourteen days within which application may be made for taxation.

(20.) A county council shall, on the request of the returning officer, prior to a poll being taken at any election of a councillor of such council, advance to him such sum not exceeding ten pounds for every thousand electors at the election as he may require.

(21.) The meeting of a county council, or of any committee thereof, may be held at such place either within or without their county, as the council from time to time direct.

Sect. 76.—(1.) The provisions of section four of the County Electors Act, 1888, with respect to the framing of the lists and register of voters in parts shall extend to parishes situate within a parliamentary borough.

(2.) In the provisions of section four of the said Act with respect to making out the lists of voters according to the order in which the qualifying premises appear in the rate book, the county authority shall mean the county council.

(3.) The names of the parliamentary electors and county electors in the lists in each polling district may be numbered consecutively, and such portion of those lists as consists of the names of parliamentary electors may be taken to form the register for the purpose of parliamentary elections, and such portion of those lists as contains the names of county electors may be taken to form the register of county electors.

(4.) For the purpose of the provisions of the Acts relating to the appointment of revising barristers, and of section nine of the County Electors Act, 1888, the county of Surrey and such portion of the county of London as is situate south of the Thames shall be deemed to be separate counties forming part of the southeastern circuit; and such portion of the administrative county of London as is situate north of the Thames shall be deemed to form part of the county of Middlesex ; and the county of Middlesex, inclusive of that portion, shall be deemed to be a separate county on a circuit; but any sum payable by the London county council in respect of either of the said portions of the county, shall be paid as for a general county purpose.

(5.) The provisions of section eleven of the County Electors Act, 1888, with respect to the payment of the sums therein mentioned shall apply to the payment of the said sums in the year one thousand eight hundred and eighty-eight in likemanner as if a county authority had not been established under this Act.

(6.) It is hereby declared that nothing in section twelve of the County Electors Act, 1888, applies to any person occupying property within a borough.

(7.) It shall be lawful for Her Majesty the Queen, by Order in Council, from time to time to alter the instructions, precepts, notices, and forms under the Registration of Electors Acts, in such manner as appears to Her Majesty necessary for carrying into effect this Act and the County Electors Act, 1888, and any other Act for the time being in force amending or affecting the Acts mentioned in this sub-section, and the instructions, precepts, notices, and forms specified in any such Order in Council shall be observed and be valid in law, and clerks of the peace, and town clerks, and other officers shall act accordingly.

Vict.

C. 41, S. 76.

(8.) The provisions of section six of the said County Electors Act, 1888, requiring 51 & 52 the statement of the barrister for the purpose of an appeal to be made not less than four days before the first day of the Michaelmas sittings shall not apply in the year one thousand eight hundred and eighty-eight.

Sect. 77. A person who is entitled to be registered as a county elector in respect of any qualification in the administrative county of London, in all respects except that of residence, and is resident beyond seven miles but within fifteen miles of the county, shall be entitled to be registered as a county elector.

per

Sect. 78.-(1.) All enactments in any Act, whether general or local and sonal, relating to any business, powers, duties or liabilities transferred by or in pursuance of this Act from any authority to a county council, either alone or jointly with the quarter sessions, or to any joint committee, shall, subject to the provisions of this Act, and so far as circumstances admit, be construed as if— (a.) any reference therein to the said authority or to any committee or member thereof or to any meeting thereof (so far as it relates to the business, powers, duties, or liabilities transferred) referred to the county council or to a committee or member thereof or to a meeting thereof, as the case requires, and as if-

(b.) a reference to any clerk or officer of such authority referred to the clerk or officer of a county council or committee thereof, as the case requires,

and all the said enactments shall be construed with such modifications as may be necessary for carrying this Act into effect.

(2.) Provided that the transfer of powers and duties enacted by this Act shall not authorise any county council or any committee or member thereof—

(a.) to exercise any of the powers of a court of record; or

(b.) to administer an oath; or

(c.) to exercise any jurisdiction under the Summary Jurisdiction Acts, or perform any judicial business, or otherwise act as justices or a justice of the peace; but this enactment shall be without prejudice to the position of the chairman of the county council as justice of the peace during his term of office.

(3.) Where under any such enactment as in this section mentioned, any powers, duties, or liabilities are to be exercised or discharged after any presentment or in any particular manner, or at any particular meeting, or subject to any other conditions, the county council may, by the standing orders for the regulation of their proceedings, provide for the exercise and discharge of those powers, duties, and liabilities without any such prior presentment or in a different manner, or at any meeting of the council fixed by the standing orders, or without such other conditions; and until such standing orders take effect shall exercise and discharge them in the like manner, and at the like time, and subject to the like conditions, so nearly as circumstances admit; and a presentment by a grand jury in relation to any such powers, duties, or liabilities, shall cease to be made otherwise than by way of indictment.

(4.) For the purposes of this section the expression "authority" means a Secretary of State, the Board of Trade, the Local Government Board, and any Government Department, also any commissioners, conservators, or public body, corporate or unincorporate, specified in a Provisional Order transferring any powers, duties, or liabilities to the county council, also any quarter sessions and any justices, also the Metropolitan Board of Works, or other local authority mentioned in this Act; and the expression "member of an authority" includes, where the authority are quarter sessions or justices, any justice, and the expression "meeting of an authority" includes a court of quarter sessions, and the assembly of justices in special or petty sessions; and the expression "clerk of an authority includes in relation to any quarter sessions or justices, the clerk of the peace or the clerk to a justice as the case requires.

This section shall apply as if a joint committee were a committee of the county council.

Residential
qualification of
county electors
in administrative
County of
London.
Construction of

Acts referring to
ferred.

business trans

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Proceedings of Councils and Committees.

Sect. 79.-(1.) The council of each county shall be a body corporate by the name of the county council with the addition of the name of the administrative county, and shall have perpetual succession and a common seal and power to acquire and hold land for the purposes of their constitution without licence in

mortmain.

(2.) All duties and liabilities of the inhabitants of a county shall become and be duties and liabilities of the council of such county.

(3.) Where any enactment (whether relating to lunatic asylums or bridges, or other county purposes, or to quarter sessions) requires or authorises land to be conveyed or granted to, or any contract or agreement to be made in the name of, the clerk of the peace, or any justice or justices or other person, on behalf of the county or quarter sessions, or justices of the county, such land shall be conveyed or granted to, and such contract and agreement shall be made with, the council of the administrative county concerned.

Sect. 80.-(1.) All payments to and out of the county fund shall be made to and by the county treasurer, and all payments out of the fund shall, unless made in pursuance of the specific requirement of an Act of Parliament or of an order of a competent court, be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council and countersigned by the clerk of the council, and the same order may include several payments. Moreover all cheques for payment of moneys issued in pursuance of such order shall be countersigned by the clerk of the council or by a deputy approved by the council.

(2.) Any such order may be removed into the High Court of Justice by writ of certiorari, and may be wholly or partly disallowed or confirmed on motion and hearing with or without costs, according to the judgment and discretion of the

court.

(3.) Every county council shall from time to time appoint a finance committeefor regulating and controlling the finance of their county; and an order for the payment of a sum out of the county fund, whether on account of capital or income, shall not be made by a county council, except in pursuance of a resolution of the council passed on the recommendation of the finance committee, and (subject to the provisions of this Act respecting the standing joint committee) any costs, debt, or liability exceeding fifty pounds shall not be incurred except upon a resolution of the council passed on an estimate submitted by the finance committee.

(4.) The notice of the meeting at which any resolution for the payment of a sum out of the county fund (otherwise than for ordinary periodical payments), or any resolution for incurring any costs, debt, or liability exceeding fifty pounds will be proposed, shall state the amount of the said sum, costs, debt, or liability, and the purpose for which they are to be paid or incurred.

(5.) This section shall not apply to county boroughs.

Sect. 81.—(1.) Any county council or councils, and any court or courts of quarter sessions, may from time to time join in appointing out of their respective bodies a joint committee for any purpose in respect of which they are jointly interested.

(2.) Any council or court taking part in the appointment of any joint committee under this section, may from time to time delegate to the committee any power which such council or court might exercise for the purpose for which the committee is appointed.

(3.) Provided that nothing in this section shall authorise a council to delegate to a committee any power of making a rate or borrowing any money.

(4.) Subject to the terms of delegation, any such joint committee shall, in respect of any matter delegated to it, have the same power in all respects as the councils and courts appointing it, or any of them, as the case may be.

(5.) The members of a joint committee appointed under this Act shall be appointed at such times and in such manner as may be from time to time fixed by the council or court who appointed them, and shall hold office for such time as may be fixed by the council or court who appointed them, so that where any members of the committee were appointed by the county council, such committee do not continue for more than three months after any triennial election of councillors of such county council.

(6.) The costs of a joint committee shall be defrayed by the council by whom any of its members were appointed, or if appointed by more than one council in the proportion agreed to by them; and the accounts of such joint committee and their officers shall, for the purposes of the provisions of this Act, be deemed to be accounts of the county council and their officers.

(7.) This section shall apply to the councils of county boroughs in like manner as to councils of administrative counties, and a standing joint committee may be appointed for two or more administrative counties, inclusive of county boroughs, and the members of such joint committee shall be appointed by the several quarter sessions and councils in such proportion and manner as they respectively may arrange, and in default of arrangement as may be directed by a Secretary of State.

(8.) This section shall apply to the standing joint committees.

51 & 52 Vict. c. 41, s. 31.

committees.

Sect. 82.-(1.) A county council appointing under this Act any committee Proceedings of may from time to time 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; and subject to such regulations the proceedings and quorum and the place of meeting whether within or without the county, shall be such as the committee may from time to time direct, and the chairman at any meeting of the committee shall have a second or casting vote.

(2.) Every committee shall report its proceedings to the council by whom it was appointed, but to the extent to which the council so direct, the acts and proceedings of the committee shall not be required by the provisions of the Municipal Corporations Act, 1882, to be submitted to the council for their approval.

(3.) In the case of a joint committee the councils and courts appointing the joint committee shall jointly have the powers given by this section, and the provisions of this section shall apply accordingly.

Officers.

Sect. 83. Subject to the provisions of this Act for the protection of clerks of the peace holding office at the passing of this Act, the following provisions shall have effect::

(1.) The clerk of the peace of a county, besides acting as clerk of the peace of that county, shall also (subject to the provisions of this Act as respects particular counties) be the clerk of the county council, and in that capacity is referred to in this Act as the clerk of the county council.

(2.) He shall be from time to time appointed by the standing joint committee of
the county council and the quarter sessions, and may be removed by that
joint committee.

(3.) He shall, subject to the directions of the custos rotulorum or the quarter
sessions or the county council, as the case may require, have charge of and
be responsible for the records and documents of the county.
(4.) The joint committee may appoint a deputy clerk to hold office during their
pleasure, and to act in lieu of such clerk in case of his death, illness, or
absence, or in such other cases as may be determined by the joint committee,
and wherever the deputy so acts, all things authorised or required to be done
by, to, or before the clerk of the peace, or clerk of the county council, may
be done by, to, or before any such deputy; without prejudice to the appoint-
ment of a deputy clerk for the purpose of a second court on the division of the
court of quarter sessions for judicial business.

Clerk of the peace and of

county council.

51 & 52 Vict. C. 41, s. 83.

Appointment of the justices'

clerks and clerks

of committees.

(5.) The council shall pay to the clerk of the peace in respect of his services as
clerk of the peace and as clerk of the county council, such salary as may be
from time to time fixed under the enactments relating thereto, and all fees and
costs payable to the clerk of the peace which are not excluded when the salary
of the clerk of the peace is fixed shall be paid to the county fund, and for the
purpose of the enactments relating to such salary and fees, the standing joint
committee of the county council and the quarter sessions shall be substituted
for the quarter sessions and the local authority respectively.
(6.) The clerk of the peace, when acting in relation to any business of the
county council, and when acting under the Acts relating to the registration
of parliamentary voters, or to the deposit of plans or documents, or to jury
lists, or to any registration matters, shall act under the direction of the county
council, and all enactments relating to such business, registration, or deposit,
shall be construed as if clerk of the county council were therein substituted
for clerk of the peace.

(7.) The office of clerk of the peace of each of the administrative counties of
Sussex and Suffolk shall be a separate office; but nothing in this Act shall
prevent the same person from being appointed to both such offices; and the
justices in general sessions assembled for the entire county of Sussex or
Suffolk may from time to time appoint the person who is clerk of the peace for
either administrative county to be clerk of the peace of such general sessions,
and may remove such clerk, and the remuneration to be paid to such clerk
shall be determined jointly by the standing joint committees for the adminis-
trative counties.

(8.) The existing records of the county of Sussex and of the county of Suffolk
shall, subject to the order of quarter sessions, continue to be kept by the
clerk of the peace of East Sussex and by the clerk of the peace for East
Suffolk respectively.

(9.) This section shall apply to the clerks of the peace and deputy clerks of the
peace of the county of Lancaster, in like manner as it applies to clerks of
the peace of any other county, but the appointment of any such deputy clerk
of the peace may be discontinued if the standing joint committee think fit.
(10.) The joint committee of the councils of the three ridings or divisions of
Yorkshire and Lincolnshire may from time to time appoint a clerk of such joint
committee, and may from time to time remove such clerk.

(11.) The clerk of the peace for the county of London shall be a separate officer
from the clerk of the county council for the administrative county of London,
and

(a.) the clerk of the peace shall, subject to the directions of the quarter sessions, have charge of and be responsible for the records and documents of those sessions and of the justices out of session, and the clerk of the county council shall, subject to the directions of the council, have charge of and be responsible for all other documents of the county; and

(b.) the council may from time to time appoint a deputy clerk of the council, and the foregoing provisions of this section with respect to the deputy clerk shall apply; and

(c.) the council shall pay to the clerk of the council such salary as may be from time to time fixed by them.

(12.) The county council shall cause their clerk or other officer from time to time to send to a Secretary of State or the Local Government Board such returns and information as may from time to time be required by either House of Parliament.

(13.) Provided always, that no paid clerk or other paid official in the permanent employment of a county council who is required to devote his whole time to such employment shall be eligible to serve in Parliament.

Sect. 84.--(1.) The salaried clerk of every petty sessional division shall be from time to time appointed, and removed, as heretofore.

(2.) The county council shall pay to the salaried clerks of petty sessional

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