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however, that is transacted by the Justices of a Quarter Sessions Borough, the population of which, according to the census of 1881, was above 10,000, will be transferred to the Town Council and not to the County Council.
4th. Where the corresponding business in a borough the population of which, according to the census of 1881, was under 10,000, is transacted by the Town Council, that business also is, in almost all cases, transferred to the County Council.2
5th. The area over which the authority of the County Council will extend will also differ from the area over which the authority of the Quarter Sessions extends, owing to alterations in the county boundaries.
When we come to take each item of business transferred to the County Councils in order, it will be necessary to inquire to what authorities the County Council really succeeds, with regard to that business. In the meantime the following are the general provisions of the Local Government Act, 1888, with regard to the transfer of business, and with regard to the transfer of property, liabilities, and officers incidental to that transfer.
If any question arises, or is about to arise, as to whether any Transfer of business, power, duty or liability is or is not transferred to any County Council or Joint Committee under the Local Government Act, 1888, that question may, on the application of a Chairman of Quarter Sessions, or of a County Council, Committee, or other local authority concerned, be submitted for decision to the High Court in a summary manner.3
The Local Government Board, on the application of a Provisional Council or a County Council, may within six months after the day fixed for the first election of the Councillors of such Council, from time to time, make such Orders as appear to them necessary for bringing the Local Government Act, 1888, into full operation as respects the Council so applying. Such Orders may modify any provisions in that Act, or in any other Act, whether general or local and personal, so far as may appear to the Board necessary for the purpose.
County Councils and other authorities affected by or in Adjustment of consequence of the Local Government Act, 1888, may make property, liabiliagreements for the purpose of adjusting any property, income, debts or liabilities of such authorities affected by or in conse
Local Government Act, 1888, sec. 36. * Ib., sec. 108.
2 Ib., secs. 38, 39.
3.Ib., sec. 29.
quence of the Act. Such an agreement may provide for the adjustment in the fullest manner.
In default of agreement, recourse may be had, if no other means of affecting the adjustment is provided, to arbitration, and if the parties cannot agree upon the Arbitrator, he may be appointed by the Local Government Board.
When a sum is required to be paid by a County or Town Council for the purposes of such an adjustment, it may be paid out of the county or borough fund, or out of such special fund as the Council, with the approval of the Commissioners appointed under the Act, or of the Local Government Board, may direct. Money may be borrowed by a County or Town Council for the payment of a capital sum required to be paid for the purposes of such an adjustment, without the consent of the Treasury, or any other authority ; bụt it must be repaid within
such period as the Local Government Board may sanction. Adjustment The property, debts, and liabilities of the counties of Kent, between Kent, Middlesex,
Middlesex, and Surrey must be apportioned between the Surrey, and the portions of these counties within the Metropolis, and the
portions without the Metropolis, by agreement between the respective County Councils; or, in default of agreement, by the Commissioners appointed under the Local Government Act, 1888. The property, debts, and liabilities apportioned to the portions within the Metropolis will become the property, debts, and liabilities of the whole of the administrative county
of London. Transfer of Subject to what has been said, all property held for any property from Quarter public uses and purposes of a county, liberty, or division of
a county will, on the appointed day, vest in the County Council. This includes property held by the Quarter Sessions or any Justice or Justices, or by the Clerk of the Peace or the Treasurer, or by Commissioners. The property will be held for the same estate and subject to the same conditions and restrictions as before the transfer.
Property held by the Justices of the counties of York or Lincoln in Gaol Sessions, or by Commissioners appointed by the Justices, will be transferred to the County Committee, in the same way as if such property were held by Quarter Sessions, and the County Committee were a County Council.
The existing records of, or in custody of, the Quarter Sessions will remain in the same custody as before the transfer, and in Suffolk and Sussex such records will continue to be kept in
the custody of the Clerk of the Peace of East Suffolk and East Sussex respectively.
Such of the records of the county of Surrey as were at the passing of the Local Government Act, 1888, in the custody of the Clerk of the Peace at Newington, will continue in his custody at Newington.
The Justices of a county also may retain any pictures, chattels or property, on the ground that they have been presented to them or purchased out of their own funds, or otherwise belong to them, and are not held for the public purposes of the county. If any difference arise between the County Council and the Justices, with regard to such retention, it must be referred to the Commissioners appointed under the Local Government Act, 1888, and determined by them.
The Act does not affect property belonging to a charity and, until the Charity Commissioners otherwise determine, the trustees or managers of a charity are to be appointed in the same way as heretofore. Property held by the Justices of a borough in connec- Property of
borough Justices. tion with business transferred from them to a County Council, will not pass to the County Council, but an agreement can be come to with the County Council, or the property might be dealt with for the benefit of the borough. Property held by the Town Council of a borough in Property of a
. connection with transferred business, will not pass to the County Council, but an agreement can be come to with the County Council, or the Town Council might deal with such property for the benefit of the borough.
All debts and liabilities incurred for the purposes of Transfer of county or liberty in a county will become debts and liabilities of the County Council
. This provision applies equally to debts and liabilities incurred by the Quarter Sessions, the Clerk of the Peace, any Justice or justices of the county, the Treasurer, or any Commissioners for county purposes. Debts and liabilities of the Justices of the Counties of York or Lincoln in Gaol Sessions, or of Commissioners, will be transferred to the County Committee, in the same way as if they were debts and liabilities of Quarter Sessions, and the County Committee were a County Council.
With regard to the liabilities of a Town Council or the Liabilities of a Justices of a borough, incurred in respect of business that is borough,3
1 Local Government Act, 1888, secs. 83, 118. 3 1b., secs. 35, 36, 38, 39, 122, 124.
" Ib., sec. 64.
transferred, there is some difficulty. The effect of the Act seems to be as follows:
An existing contract that is wholly executory will be transferred to the County Council, who may enforce it, and against whom it may be enforced. The County Council will meet their liability under such a contract out of the county fund.
A debt that is due from the Justices or Town Council will be enforceable against the County Council, but the funds to meet it must be obtained from the borough, and for this purpose the County Council could either come to an agreement with the Justices or Town Council or, if necessary, levy a rate in the borough for the express purpose of paying the debt. A continuing contract partly executed
and partly executory must be apportioned. The liability of the Justices or Town Council under the part of the contract wholly executed must be treated as a debt due from the Town Council, and that under the executory part of the contract will be treated as an executory contract entered into by the Justices or Town Council.
Persons who are on the appointed day officers of the Quarter Sessions, or of the Justices of the county, or any committee of the Justices, and who perform duties in respect of business transferred to the County Council, will become officers of the County Council. Such officers are called in the Local Government Act, 1888, “ Existing Officers.” Such existing officers will hold office by the same tenure, and upon the same conditions as heretofore ; and, while performing the same duties, must receive not less salaries and be entitled to not less pensions (if any) than they would have been if the Act had not been passed.
The County Council may distribute the business to be performed by such existing officers as they think fit, and may also abolish the office of any existing officer whose office they deem unnecessary.
Every existing officer whose office is abolished, or who under or in consequence of the Local Government Act, 1888, suffers any direct pecuniary loss by abolition of office, or by diminution or loss of fees or salary, is entitled to be paid compensation by the County Council to whom the powers of the authority, whose officer he was, are transferred; whether such officer is expressly mentioned in the Act or not.
1 Local Government Act, 1888, secs. 118-120.
In determining the amount of compensation regard must be had to all the circumstances of the case, and in particular to the conditions on which the officer's appointment was made, to the nature of his office, to the duration of his service, to any additional emoluments which he acquires under or in consequence of the Local Government Act, 1888, and to any emoluments which he might have acquired if he had not refused to accept any office offered by any Council or other body acting under the Act. The compensation must not exceed the amount which under the Acts and rules relating to the Civil Service is paid to a person on abolition of office.
An officer entitled to compensation must deliver to the County Council a claim signed by him, which must state the whole amount received and expended by him or his predecessors in office in every year during the period of five years next before the passing of the Local Government Act, 1888, on account of the emoluments for which he claims compensation, and also distinguish the offices in respect of which the emoluments have been received. The claim must be accompanied by a statutory declaration under the Statutory Declaration Act, 1835 (5 & 6 Will. IV. c. 62), that the same is a true statement according to the best of the officer's knowledge, information, and belief. The statement must be submitted to the County Council, who must forthwith take the case into consideration, and assess the just amount of compensation (if any), and forthwith inform the claimant of their decision.
The claimant, if required by any member of the Council, must attend at a meeting of the County Council, and answer upon oath, which any Justice present may administer, all questions asked by any member of the Courcil touching the matters set forth in his claim, and must further produce all books, papers, and documents in his possession, or under his control, relating to the same.
The claimant, if aggrieved by the decision of the Council, may, within three months after the decision, appeal to the Treasury against that decision. Again, if at least one-third of the members of the Council subscribe a protest against the amount of the compensation granted by the Council as being excessive, any subscriber to such protest may, within three months of the decision, appcal to the Treasury, whose decision in either case is final.
See post, p. 374.