Clerk of the Peace and of the County Council.3 The sum payable as compensation to any person under these provisions will commence to be payable at the date fixed by the County Council on granting the compensation, or, in the case of appeal, by the Treasury, and will be a specialty debt due to him from the County Council, and enforceable in like manner as if the Council had entered into a bond to pay the same. If a person receiving compensation under these provisions is appointed to any office under the Local Government Act, 1888, the compensation will be wholly or partially suspended during his tenure of such office.1 The payment of compensation to officers will be a general county purpose.2 A Clerk of the Peace in office on the appointed day will become Clerk of the County Council. Special arrangements are, however, made for the County of London. The Clerk of the Peace for Suffolk in office on the appointed day, will be the Clerk of the County Council of both East and West Suffolk, provided that he was already in office on the 13th August, 1888. The Clerk of the Peace for Sussex in office on the appointed day, will be the Clerk of the County Councils of both East and West Sussex, provided that he was already in office on the 13th August, 1888. The Clerk of the Gaol Sessions for Yorkshire or Lincolnshire, will be Clerk to the County Committee, provided that he was already in office on the 13th August, 1888. A Clerk of the Peace, thus becoming Clerk of a County Council, unlike any subsequent Clerk that may be appointed to this office, will, provided he was already in office on the 13th August, 1888, hold office, not during the pleasure of the Standing Joint Committee, but will hold office for his life, subject to being dismissed by the Quarter Sessions in the following cases :— Ist. If he misdemean himself in his office, he may be suspended or discharged by the Quarter Sessions, after an open inquiry in their Court upon complaint, in writing, exhibited against him.* 2nd. If he be guilty of misconduct otherwise than in the execution of his office, two Justices of the County may exhibit a complaint in writing against him, stating the misconduct of which he has been guilty. The Quarter Sessions, 1 Local Government Act, 1888, sec. 120. As to the meaning of general county purposes, see Chapter III. 3 Local Government Act, 1888, sec. 118. +1 Will. & Mary, c. 21, sec. 5. after examination in open Court, if satisfied of his misconduct, and that such misconduct is such as to render him an improper person to hold office, may discharge him. In the latter case, but not where discharged for misconduct in his office, the Clerk of the Peace may appeal summarily to the Lord Chancellor.1 Such a Clerk will moreover have the same power of appointing and acting by a deputy as heretofore. business. We now proceed to deal with the business transferred to Transferred the County Councils. Analysts. Under the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), Public Analysts are or may be appointed (except in the Metropolis) by the Quarter Sessions of every county, also by the Town Council of every Quarter Sessions Borough, and of every borough with a separate police force. " County" is not defined in that Act, and it does not appear that an Analyst could be appointed for a liberty. On the appointed day the business, in this respect, of the Quarter Sessions of a county will be transferred to the County Council, and to the Town Councils of county boroughs in the county, who do not already appoint Analysts.2 Town Councils of boroughs, the population of which, according to the census of 1881, was under 10,000, will cease to appoint Analysts, and the Analysts of the county will act in these boroughs.3 The Analysts appointed by the Town Councils of these boroughs will be entitled to compensation for loss of office. Birds. The County Council and the Town Councils of county boroughs will succeed the Quarter Sessions of the county in their powers under the Wild Birds Protection Acts, 1880 and 1881 (43 & 44 Vict. c. 35, and 44 & 45 Vict. c. 51).a Bridges. This business will be discussed later, under Highways. At present the statutes directed towards the stamping out of contagious diseases among animals are put in force (except in the Metropolis) by the following Local Authorities: 127 & 28 Vict. c. 65. 3 Ib., secs. 38, 39. 2 Local Government Act, 1888, secs. 3, 34. 4 Ib., secs. 3, 34. In counties (including the Isle of Ely and the Soke of Peterborough) The Quarter Sessions. In municipal boroughs-The Town Council. In places, not municipal boroughs, with a separate police establishment―The Commissioners or other body maintaining the police. The Privy Council have power to appoint other bodies Local Authorities in certain cases. Liberties and franchises are included in the county which they adjoin, or if they adjoin more than one county, in that county with which they have the longest common boundary. Under the Local Government Act, 1888, the business, in this respect, of the Quarter Sessions of a county and of the Town Councils of boroughs, the population of which, according to the census of 1881, was under 10,000, will be transferred to the County Council.1 The Quarter Sessions of a county usually appoint an Executive Committee to carry out their duties under the Contagious Diseases (Animals) Acts, and, when this is the case, such an Executive Committee, in office on the appointed day, will continue to hold office until the expiration of one week after the County Council have appointed an Executive Committee to succeed them, and no longer. Any sub-committee of an Executive Committee in office on the appointed day, will continue in office until either the County Council or their Executive Committee, as the case may be, have appointed a sub-committee for like purposes to succeed them.2 These provisions do not, however, extend to Committees appointed by Town Councils, and the County Council will on the appointed day come into possession of their full power in boroughs in which they succeed the Town Council. If a virulent outbreak of disease is in progress within the county on the general appointed day, the County Council, in order to prevent the inconvenience of a change of authority at such a moment, could apply to the Local Government Board for a postponement of the appointed day as respects this business. The Local Authorities make regulations with regard to their districts, and they may purchase and possess land and buildings, and they also appoint Inspectors and other officers. On the appointed day the jurisdiction of the County Council will extend into various districts at present not under the 1 Local Government Act, 1888, secs 3, 39. 2 Ib., sec. 112. authority of the Quarter Sessions of the county; in which districts varying regulations may be in force. The County Council will have to consider the advisability of introducing a uniform system of regulations. The County Council will have property vested in them that at present belongs to the Quarter Sessions of the county. They will also have to consider the advisability of arranging to take over any property which may at present belong to the Town Councils whom they succeed in connection with this business. Inspectors appointed by Town Councils whose business is transferred to the County Council will lose office and may be entitled to compensation. Local Authorities may enter into mutual agreements for the transfer of parts of their districts, and where such a transfer has been made of part of one county to another, the agreement will continue binding on the County Council.1 Coroners.2 At present, under the Coroners Act, 1887 (50 & 51 Vict. c. 71), County Coroners are elected for every county by the freeholders of the county; or, if the county is divided into coroners' districts, a County Coroner is elected for each district by the freeholders of the district. A County Coroner is paid his salary and reimbursed his lawful expenses incurred in holding inquests by the Quarter Sessions of the county, who have also power to petition the Crown for a division of their county into coroners' districts, or for the alteration of such a division. In the Coroners Act, 1887, and in the earlier Acts dealing with Coroners, the term county includes any division or liberty of a county with a separate Court of Quarter Sessions, and for which a separate Coroner has customarily been elected; but the whole of Yorkshire and the whole of Lincolnshire are each deemed to be one county, and the business in connection with Coroners transacted elsewhere by the Quarter Sessions is in these counties transacted by the Justices at their Gaol Sessions. For every Quarter Sessions Borough a Borough Coroner is appointed by the Town Council of the borough. On the appointed day the Borough Coroners of Quarter Sessions Boroughs, the population of which, according to the census of 1881, was under 10,000, will cease to act or to be 1 Local Government Act, 1888, sec. 50. 2 Ib., secs. 3, 5, 34, 38. appointed, and the County Coroners will act within such boroughs. Where the county is not divided into coroners' districts, the jurisdiction of the County Coroner or Coroners will, after the appointed day, extend throughout the county including such boroughs; but where the county is divided into coroners' districts, the County Council must make an Order assigning each of such boroughs in their county to a particular district. The County Council must also compensate the Borough Coroners, who will lose their offices in consequence of the Local Government Act, 1888. County Coroners will continue in office and will continue to act within county boroughs without a separate Court of Quarter Sessions in the same way as at present, and the Town Councils of such county boroughs must contribute towards the expenses of such Coroners. The powers and duties of the Quarter Sessions in connection with Coroners' salaries, and the division of their county into coroners' districts, and the alteration of such districts, are in most cases transferred to the County Council. Where, however, a coroner's district is situated in two administrative counties, forming part of an entire county, the Coroner of that district will be paid by the Joint Committee, who will also have power to take steps for altering the district, so that it shall no longer lie in two administrative counties. After the appointed day also, on the occurrence of a vacancy in the office of County Coroner, a new County Coroner will be appointed by the County Council; or, in certain cases, by a Town Council of a county borough, or a Joint Committee of the County Council and such a Town Council; or, if the Coroner's district in an entire county is situated in two administrative counties, by the Joint Committee for the county. There are besides County Coroners and Borough Coroners certain other Coroners called Franchise Coroners, who, in some cases, are at present paid by the Quarter Sessions; where this is the case, the County Council will, after the appointed day, pay such Coroners, instead of the Quarter Sessions. Destructive Insects Act, 1877 This is a statute providing for the destruction of the Colorado beetle. It is, and will be, executed by the Local Authorities who enforce the Contagious Diseases (Animals) Acts. 1 1 See ante, p. 41. |