Grant of Supplemental Committee of Council may, if they think fit, submit the scheme (5.) A scheme, when confirmed by Parliament or by Order in Council, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parliament, as if the scheme were part of this Act. (6.) A local authority for the purposes of this Part means a sanitary authority* (not being the mayor, aldermen, and burgesses of a borough subject to the Municipal Corporations Acts), also the corporation of a borough not subject to the Municipal Corporations Acts, a burial board, trustees, commissioners or other persons who, as a public body and not for their own profit, act under any Act for paving, lighting, supplying with water or gas, cleansing, watching, regulating or improving any town or place, or for providing or maintaining a cemetery or market in or for any town or place, and any commissioners, trustees, or other persons (not being justices) maintaining any police force, and any other authority not in this section excepted, and not being a school board, and having powers of local government and of rating for public purposes. (7.) The district of a local authority for the purposes of this section means the area within which such authority can exercise any powers or rights. [The effect of section 6 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause]. 214. (1) A scheme shall, before being settled by the Committee of Council, be referred for consideration to the Secretary of State and the Local Government Board, and, if and as far as it is intended to affect any authority which is a harbour authority within the meaning of the Harbours and Passing Tolls, &c. Act, 1861+, to the Board of Trade. (2.) A scheme shall in every case provide for placing the * Sections 5 to 12 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), enacts that (subject to certain provisions and exceptions) the council of every municipal borough shall be constituted the Urban Sanitary Authority of the borough. The following city and boroughs (thirteen in number) have a local body distinct from the council (although in one or two cases appointed by the corporation from its own members) acting as the Urban Sanitary Authority:-Banbury, Blandford, Colne, Cambridge, Chippenham, Faversham, Folkestone, Launceston, Lyme Regis, Lymington, Morpeth, Oxford and Wenlock. As to school boards, see footnote to page 174 et seq. The 24 & 25 Vict. c. 47. new borough within the jurisdiction of the council as the Grant of sanitary authority. (3.) The regulations contained in the Seventh Schedule with respect to the scheme shall be observed. The Seventh Schedule is as follows: PROCEDURE FOR SCHEME ON GRANT OF NEW CHARTER. 1. The Committee of Council may, if they think fit, require the draft of a proposed scheme to be submitted to them, either together with the petition for a charter, or at any subsequent period. 2. The draft of a proposed scheme shall be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested. 3. Before settling the scheme the Committee of Council shall consider any objections which may be made thereto by any local authority or persons affected thereby. 4. The scheme, when settled, shall, besides being published in the London Gazette, be published by advertisement, or placards, or handbills, or otherwise, as the Committee of Council think best calculated for giving notice thereof to all persons interested. 5. Where a scheme is submitted to Parliament for confirmation, the Committee of Council may introduce a Bill for the confirmation of the scheme, which Bill shall be a Public Bill. 6. Before such Bill is introduced into Parliament the Committee of Council may alter the scheme in such manner as they think proper. 7. If while the Bill confirming a scheme is pending in either House of Parliament a petition is presented against the scheme, the Bill, so far as it relates to such scheme, may be referred to a select committee, and the petitioner shall be allowed to appear and oppose as in the case of a Private Bill. 8. A scheme shall come into operation at the date of its confirmation or any later date mentioned in the scheme. 9. The confirmation of a scheme shall be conclusive evidence that all the requirements of this Act with respect to proceedings required to be taken previously to the making of the scheme have been complied with, and that the scheme has been duly made, and is within the powers of this Act. (4.) If the Committee of Council are satisfied that a local authority or other petitioners have properly promoted or properly opposed a scheme before them, and that for special reasons it is right that the reasonable costs incurred by the authority or other petitioners in such promotion or opposition should be paid as expenses properly incurred by the local authority in the execution of their duties, the Committee of Council may order those costs to be so paid, and they shall be paid accordingly. [The effect of section 7 of 40 & 41 Vict. c. 69 (1877), and section 2 of 24 & 25 Vict. c. 47 (1861), is preserved in this clause]. 215.-Nothing in any scheme or in the Municipal Corporation Acts shall authorize the establishment in a borough to which a charter is granted under this Act of a new separate police force not consolidated with the county police force, unless the district incorporated by the charter contained twenty⭑ Section 39, subsection 1, paragraph a of the Local Government (England and Wales) Act, 1888, transferred all the powers, duties, and liabilities of the council or watch committee of a borough, with less than 10,000 inhabitants, in respect of the police force to the county council. See also Appendix. Charters. Provision as to police force in new borough. Grant of Validity of charters. Power to settle scheme in case of recent charters. Power to amend scheme. thousand inhabitants or upwards, according to the census taken next before the date of the incorporation. [The effect of section 8 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause. The number of cities and boroughs which have a separate police force in 1888 is 163. The Local Government (England and Wales) Act, 1888, by the operation of section 31 (a) will reduce the number of cities and boroughs in possession of a separate police force to 123; forty boroughs having a population of less than 10,000, and consequently deprived of control over the police. By section 14 of 3 and 4 Vict. c. 88 (1840) an agreement by a borough for consolidation of its police force with the county must be sealed with the common seal. Six months' notice must be given of 1roposed termination of the agreement; but such agreement although it may be entered into voluntarily, cannot be determined without the sanction of the Secretary of State. See 19 & 20 Vict. c. 69, s. 20]. 216. (1.) A charter creating a municipal borough which purports to be granted in pursuance of the royal prerogative and in pursuance of or in accordance with this Act, shall after acceptance be deemed to be valid and within the powers of this Act and Her Majesty's prerogative, and shall not be questioned in any legal proceeding whatever. (2.) Every such charter shall be laid before both Houses of Parliament within one month after it is granted, if Parliament is then sitting, or if not, within one month after the beginning of the then next sitting of Parliament. [The effect of section 9 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause. 217.-Where a charter was granted to a borough within seven years before the fourteenth of August one thousand eight hundred and seventy-seven, the Committee of Council, on the petition to the Queen of the council of the borough, or of any existing local authority whose district comprises the whole or any part of the area of the borough, either with or without any adjoining or other place, may settle a scheme under this Act in like manner as if the petition for the grant of a charter to the borough had been referred to the Committee of Council after the commencement of this Act, and the provisions of this Act with respect to a scheme shall apply accordingly, with the necessary modifications; and if within one month after the publication of the scheme in the London Gazette a petition against the scheme from the council of the borough has been received by the Committee of Council and is not withdrawn the scheme shall require the confirmation of Parliament. [The effect of section 13 of 40 & 41 Vict. c. 69 (1877) is preserved in this clause], 218. (1.) Where a scheme for a borough has been confirmed under this Part, or any former enactment, and the municipal Charters. corporation of the borough or one twentieth of the owners and Grant of ratepayers of the borough (estimated as in this Part mentioned), or a local authority affected by the scheme, petition the Queen for an amending scheme, the petition shall be referred to a Committee of the Lords of Her Majesty's Privy Council (included in the term the Committee of Council in this Part), and shall be proceeded on, and this Part shall apply thereto, as nearly as may be, as if the same were a petition for a charter extending the Municipal Corporations Acts to a municipal borough to be incorporated. (2.) The Committee of Council, if they think fit to submit the amending scheme for confirmation, shall submit the same to Parliament, or they may submit the same to Her Majesty in Council, if the original scheme was confirmed by Order in Council; and in the latter case it shall be lawful for Her Majesty to confirm the amending scheme by Order in Council. (3.) An amending scheme, when confirmed by Parliament, or by Order in Council, as the case may require, shall have full operation, with, in the former case, such modifications, if any, as are made therein by Parliament, as if the amending scheme were part of this Act. Legal Prosecution of offences and recovery of fines. Exclusion of certiorari. Application of penalties in quarter sessions boroughs. PART XII. LEGAL PROCEEDINGS. 219.-(1.) In summary proceedings for offences and fines under this Act the information shall be laid within six months after the commission of the offence. [Three months was the limit enacted by section 127 of the Act of 1835. By 13 & 14 Viot. c. 21, s. 4, "month" means a calendar month, unless the lunar month is expressly implied.] (2.) Any person aggrieved by a conviction of a court of summary jurisdiction under this Act may appeal therefrom to a court of quarter sessions. (3.) Any fine incurred under this Act and not recoverable summarily may be recovered by action in the High Court. [The effect of sections 127 and 131 of the Act of 1835 is preserved in this clause]. 220.-A conviction, order, warrant, or other matter made or done or purporting to be made or done by virtue of this Act shall not be quashed for want of form, and shall not, unless it is an order of the council for payment of money out of the borough fund, be removed by certiorari or otherwise into the High Court. [The effect of section 132 of the Act of 1835 is preserved in this clause. An order of the borough quarter sessions in the case of an appeal against a borough rate (in the nature of a county rate) cannot be removed by certiorari. Reg. v. Justices of Ripon (7 A. & E., 417)]. 221.-(1.) Where by any Act passed or to be passed, any fine, penalty, or forfeiture is made recoverable in a summary manner before any justice or justices and payable to the Crown or to any body corporate, or to any person whomsoever, the same if recovered and adjudged before any justice of a borough having a separate court of quarter sessions shall, notwithstanding anything in the Act under which it is recovered, be |