Borough County Rate. General of quarter Bessions county rate. A waterworks company, established to supply water to the borough of Swas empowered by Act of Parliament to make rules and regulations which, before coming into force, were to be approved of by two justices of the borough. Certain of such proposed rules and regulations having been brought before the justices for approval, it was thought by the corporation that they should be opposed. Expenses were incurred in so opposing them, and the opposition was in great part successful. The company also promoted a Bill in Parliament, with the view of obtaining further powers. The corporation, considering that the bill was objectionable, opposed it in Parliament, and it was eventually withdrawn. Orders were made for the payment out of the borough fund of the expenses incurred in opposing the rules and regulations and the bill promoted by the company. Held that as the expenses above mentioned could not be expenses necessarily incurred in carrying into effect the provisions" of the Municipal Corporations Acts within the 92nd section of the Act, and as they did not fall within any of the payments specified in the Act, they were not chargeable upon the borough fund, and that the orders were invalid. Reg. v. The Corporation of Sheffield (40 L. J. R., N. S., Q. B., 247). A surplus which arises only from a borough rate and not from the sources of income described in section 139 cannot be regarded as a surplus of the borough fund applicable to the purposes authorised by section 143-Reg. v. Mayor of Sheffield, L. R., 6 Q. B., 666. See also section 143 and note at page 130.] County Rate*. 150.-(1.) Where a borough has a separate court of quarter sessions, the justices of a county wherein the borough or any part boroughs from thereof is situate shall not assess any hereditaments in the borough to any county rate; and, except as is expressly by this Act provided, every part of the borough shall be wholly free from contributing to any rate or assessment of any kind of and for that county. [Boroughs are not exempted from rates assessed on the Hundred. See Birley v. Inhabitants of the Hundred of Salford (11 M. & W., 391). Liability of quarter sessions borough for prosecution expenses of county. The parish of Ramsgate, being a member of the Cinque Port of Sandwich, was subject to the jurisdiction of the quarter sessions of Sandwich, but not to those of the county of Kent, in which it was situate. In 1878 Ramsgate, together with a portion of the county of Kent, called the "added area was put under commissioners for paving, &c., by a local act, which provided that if a charter were granted to the whole district the quarter sessions of Sandwich should have jurisdiction over the "added area as previously over Ramsgate. The act contained a clause that whereas if a charter were granted the lands in the "added area" would cease to be liable to county rates, they should still continue liable for the old mortgage debt of the county. In 1884 a charter was granted to the whole district which was incorporated as the borough of Ramsgate:- Held that the borough of Ramsgate was a borough having a separate court of quarter sessions, and that the "added area" from the county of Kent, was no longer liable to county rates. Held, also, that a separate court of quarter sessions in sec. 150 of the above Act means a court separate from that of the county. Oversee, 8 of St. Lawrence v. Kent, JJ. . . 51 J.P., 262]. (2.) But nothing in this section shall prevent the levy or collection of arrears of any county rate made before the grant of a separate court of quarter sessions. [The effect of section 112 of the Act of 1835 is preserved in this clause]. 151.-The municipal corporation of a borough having a separate court of quarter sessions shall be liable to pay such Sections 35 to 39 of the Local Government Act, 1888, should be also referred to in connection with this subject. sums, if any, as are expended out of the county rate of the County Rate. county in which the borough is situate, and as are not otherwise paid or chargeable, in respect of the costs arising out of the prosecution, maintenance, conveyance, transport, or punishment of all offenders committed for trial from the borough to the assizes for the county. [The effect of section 114 of the Act of 1835 is preserved in this clause, the opening words of which are inserted with reference to Reg. v. New Windsor (i Q. B. D., 152), and Reg. v. Monck (2 Q. B. D., 554]. certain quarter sessions boroughs to other county expenses. 152.-(1.) If the whole or any part of the area for the time Liability of being comprised in a borough having a separate court of quarter sessions was, before the eleventh of July, one thousand eight hundred and thirty-two, chargeable with or liable to contribute to the county rate of the county in which it is situate, the municipal corporation shall, in addition to its liability to pay for the purposes mentioned in the last foregoing section, continue liable to contribute to the county rate for other purposes (in this Act referred to as general county purposes), as if this Act had not been passed. (2.) General county purposes shall not include the costs arising out of coroners' inquests, or the expenses incurred under the Sale of Food and Drugs Act, 1875.* in respect of the county, or, in the case of a borough having its own inspector of weights and measures, the expenses relating to the inspection of weights and measures for the county, or payments to or in respect of special constables. [The effect of section 117 of the Act of 1835, section 5 of 16 & 17 Vict. c. 79 (1853), and section 5 of 42 & 43 Vict. c. 30, is preserved in this clause]. accounting to county. 153†.-(1.) The treasurer of each county shall, not more than Mode of twice in every year, send to the council of each borough situate by borough in the county and having a separate court of quarter sessions an account showing separately (a.) The sums, if any, expended out of the county rate in respect of the costs arising out of the prosecution, maintenance, conveyance, transport, or punishment of offenders committed for trial from the borough to the assizes for the county; and (b.) If the borough is liable to contribute to the county rate for general county purposes, all sums expended out of The 38 & 39 Vict. c. 63. + See hereon section 32, subsection 8, of the Local Government (England and Wales) Act, 1888, which directs this section to apply with the exception noted on the next page in respect of an arbits ator. County Rate. the county rate for general county purposes, and all sums received in aid or on account of the county rate, and the proportion chargeable on the borough of the sums so expended after deduction of the sums so received; and shall make an order on the council for the payment of the sum appearing by this account to be due from the municipal corporation of the borough. (2.) The council shall thereupon forthwith order the sum so appearing to be due, with all reasonable charges of making and sending the account, to be paid to the treasurer of the county out of the borough fund. (3.) If the order is not complied with, two justices for the county may, on the complaint of the treasurer of the county. made within one month after the issue of the order, issue and send to the treasurer of the borough a warrant requiring him to pay to the treasurer of the county, besides the sum mentioned in the order, the additional sum mentioned in the warrant, the same being calculated in the proportion of one shilling to every ten on the sum mentioned in the order; and until payment thereof the treasurer of the county shall have, in respect of the warrant, all the powers for the recovery thereof which are given against a guardian or overseer for the recovery of county rates and surcharges. [The mayor of a borough without a commission of the peace is ex officio a justice for the borough whose judicial acts are binding on justices of county in which the borough is situate.-Wilson v. Strugnell (L. R., 7 Q. B. D., 548)]. (4.) If any difference arises concerning the account, it shall be decided by the arbitration of a barrister*, named, on the application either of the treasurer of the county or of the treasurer of the borough, by the Secretary of State. The arbitrator may, if he thinks fit, adjourn the hearing from time to time, and may require all such information to be afforded by either party as he thinks fit. He shall by his award in writing determine the amount to be paid by the council to the treasurer of the county, and his award shall be final and conclusive. He shall also assess the costs of the arbitration and determine by whom and out of what fund they shall be paid. [The effect of section 117 of the Act of 1835 is preserved in this clause. Subsection 3 includes the effect of section 38 of 15 & 16 Vict. c. 81 (1852), and subsection 4 that of section 2 of 5 Geo. IV., c. 85]. By clause 32, subsection 8, of the Local Government (England and Wales) Act, 1888, the commissioners named in that Act are to arbitrate on the adjustment of financial relations between counties and boroughs. See Appendix. PART VIII. ADMINISTRATION OF JUSTice. County Justices. Justices. 154.-(1.) Where a borough has not a separate court of County quarter sessions, the justices of the county in which the borough is situate shall exercise the jurisdiction of justices in and for the of county borough as fully as they can or ought in and for the county. borough. [In practice the county justices do not exercise their powers in boroughs to which a separate commission of the peace has been granted. Their power to act in such boroughs has been decided in several cases, to wit-Rex v. Amos (2 B. & A., s. 33); Mayor of Reigate v. Hart (L. R., 3 Q.B., 244); Blankley v. Winstanley (s T. R., 279); Bates v. Winstanley (4 M. & S., 429, 436); and Wakefield Board of Health v. West Riding and Grimsby Railway Company (6 B. & S., 94)]. (2.) No part of a borough having a separate court of quarter sessions shall be within the jurisdiction, exerciseable out of quarter sessions, of the justices of a county, where the borough was exempt therefrom before the passing of the Municipal Corporations Act, 1835. [The effect of section 111 of the Act of 1835 is preserved in this clause. County magistrates are not excluded for hearing appeals under 9 Geo. 4, c. 61, s. 27, against the refusal of borough magistrates to grant an alehouse license. See Reg. v. Deane (2 Q. B. 96); keg. v. Recorder of Bristol (24 L. J., M. C.); Reg. v. Cockburn (4 E. & B., 65)]. Borough Justices. justices in Justices. 155.-(1.) The mayor shall, by virtue of his office, be a Borough justice for the borough, and shall, unless disqualified to be mayor, continue to be such a justice during the year next after last mayor to he ceases to be mayor. [Quare whether Mayor and Ex-Mayor are "justices of the quorum." Reg. v. Inhabitants of Llangian (4 B. & S. 249)]. It has been a subject of debate in a council meeting whether, in the event of the re-election of a person to the office of mayor, it is necessary for him to again take the oath as a justice of the peace (if he be not a permanent magistrate of the borough), when only half of the period for which he originally qualified to act has lapsed, but a strict interpretation of the statute seems to leave little room for doubt that if the office of mayor is held for two years in succession without the oath being again taken at the commencement of the second year, any magisterial acts which might be performed in the year after the vacation of office (as immediate ex-mayor) would be invalid, because of the application of the original oath of qualification only to the year of office being then entered upon and one year after. Mayor and be borough justices. Borough Separate Commission of peace. Qualification of borough justice. (2.) The mayor shall have precedence over all other justices acting in and for the borough, and be entitled to take the chair at all meetings of justices held in the borough at which he is present by virtue of his office of mayor; except that he shall not by virtue of this section have precedence over the justices acting in and for the county in which the borough or any part thereof is situate unless when acting in relation to the business of the borough, or over any stipendiary magistrate engaged in administering justice. [The effect of section 57 of the Act of 1835, and section 2 of 24 & 25 Vict. c. 75 (1861), is preserved in this clause. The precedence here given applies both socially and magisterially within the borough. It was held in Ex parte Mayor of Birmingham (3 E. & E., 222), that the precedence granted under the Act of 1835 was for social purposes only. Hence the amendment of the law which followed in the subsequent Act and is renewed in this clause. Doubts have been expressed whether in boroughs not having a court of quarter sessions or a commission of the peace, the words "business of the borough" applies to more than matters coming within the designation of "civil government," such as " licensing of public and other houses, allowance of rates, traffic regulations, special constables, &c." As this Act stands, however, the point does not admit of discussion as to its legal bearing. The mayor of any borough not having a separate commission of the peace would be within his right under this paragraph in claiming to preside--subject to the limitations in the section, at all magisterial meetings when the business to be transacted arises within or has relation to his borough. The fact that the law officers of the Crown in 1877 advised that section 2 of 24 & 25 Vict. c. 75, did not give the mayor of such a borough precedence over county justices sitting in petty sessions in his borough can hardly weigh against the plain wording of this section.] 156.-It shall be lawful for the Queen, on the petition of the council of a borough, to grant to the borough a separate commission of the peace." [The effect of section 98 of the Act of 1835 is preserved in this clause.] 157.-(1.) It shall be lawful for the Queen, from time to time, to assign to any persons Her Majesty's commission to act as justices in and for each borough having a separate commission of the peace. For [The word " any " used here is, of course, governed by other statutes. instance, it is doubtful if a coroner can be a justice for the jurisdiction in which he acts as coroner. See hereon, Dalt. Just. c. 3, s. 10, and Lamb Eiren, lib. i., c. 14. The prohibition, by 5 Geo. 2, c. 18, s. 2, of any practising attorney, solicitor, or proctor acting as a county justice does not apply to boroughs having justices by charter, commission, or otherwise Moreover a sheriff may not act as a justice during the year of his shrievalty (1 Mary, sess. 2, c. 8. s. 2). See also subsection I of sect. 171 and notes thereon at page 151]. (2.) A justice for a borough shall not be capable of acting as By section 33, subsection 7, of the Local Government (England and Wales) Act, 1888, the Queen, by letters patent, may on the petition of any borough revoke the grant to it of a commission of the peace. Counties of cities or boroughs and cinque ports and their members affected by the revocation will become merged in their respective counties for judicial purposes. See Appendix. |