Boundaries. Boundaries of boroughs and transfer of parts to Counties. PART XIII. GENERAL. Boundaries. 228.-(1.) Every place at the commencement of this Act included within each borough then existing, and no other place, shall be part of the borough, and in each borough then existing which is a county of itself, shall be part of that county and of no other, as if this Act had not been passed. (2.) Where under the Municipal Corporations Act, 1835, or any Act amending it, any such county or borough does not, at the commencement of this Act, include a place which, before the passing of the Municipal Corporations Act, 1835, was part thereof, that place shall continue to be part of the county, wherein it is situate, or with which it has the longest common boundary, as if this Act had not been passed. (3.) But nothing in this Act shall prevent any gaol, house of correction, lunatic asylum, court of justice, or judges' lodging, which at the passing of the Municipal Corporations Act, 1835, was, and at the commencement of this Act is, taken to be, any purpose, in any county, from being still, for that purpose, taken to be in that county, as if this Act had not been passed. for (4.) Any gaol, court, depôt for arms, and any land thereto belonging, which at the commencement of this Act is parcel of a county shall continue to be parcel of the county and under the exclusive jurisdiction of the authorities of the county, as if this Act had not been passed. (5.) Nothing in this Act shall be construed to affect the assessments of the land tax or assessed taxes, as those assessments exist at the commencement of this Act, or to extend or diminish the jurisdiction of any commissioners of those taxes, See hereon the Local Government (England and Wales) Act, 1888: Part III. sections 50 to 63. as such commissioners then exist; but all lands, and all parishes, Boundaries. parts of parishes, and places shall continue to be charged as at the commencement of this Act towards the land tax charged on the county or other district whereof at the commencement of this Act they are part, and to be subject in that behalf to the jurisdiction of the commissioners of the same county or other district, as if this Act had not been passed. [The effect of sections 7 and 8 of the Act of 1835, sections 1, 2 and 5 of 6 & 7 Will. 4, c. 103 (1836), and section 41 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this clause]. between counties on change of boundaries. 229.-If any place, which under the Municipal Corporations Adjustment Act, 1835, or any Act amending it, ceased to be included in a boroughs and borough or county of a town or city, was before the passing of the Municipal Corporations Act, 1835, liable to contribute to any rate for satisfying any lawful debt to which the ratepayers of that borough or county were then liable, and if after the commencement of this Act any difference arises concerning the proportion of that debt to be contributed in respect of that place, the Secretary of State, on the application of the council, or of the chairman of a public meeting of the ratepayers of the place, may appoint by writing under his hand a barrister not having any interest in the question to arbitrate between the parties, and by his award under his hand and seal to assess the proportion aforesaid, if any; and the arbitrator shall assess the costs of the arbitration, and direct by whom and in what proportion and out of what fund they shall be paid; and the rate aforesaid shall continue to be levied by warrant of the council and to be paid by the place aforesaid to the treasurer of the borough, as if the Municipal Corporations Act, 1835, or any Act amending it, or this Act, had not been passed, until the proportion aforesaid is satisfied, and no longer. [The effect of section 8 of the Act of 1835, and section 1 of 6 & 7 Will 4, c. 103 (1836), is preserved in this clause]. of time. 230.-(1.) Where by this Act any limited time from or Computation after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day; Distance. Measurement of distances. Notices. Notices on town hall. Inspection and Copies. Inspection of documents. and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so computed, unless the last day is a Sunday, Christmas day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified. (2.) Where by this Act any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified. (3.) Where by this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time. The effect of 3 & 4 Will. 4, c. 31, section 30 of the Act of 1835, section 25 of 7 Will. 4 and 1 Vict. c. 78 (1837), section 25 of 35 & 36 Vict, c. 60 (1872), and section 11 of 38 & 39 Vict. c. 40 (1875) is preserved in this clause. Subsection 3 is very important and needs careful consideration in any proceedings involving computation of time.] Distance. 231.-The distances mentioned in this Act shall be measured in a straight line on a horizontal plane, and may be determined by the map made under the survey commonly known as the Ordnance Survey. [The effect of section 1 of 32 & 33 Vict. c. 55 (1869), and section 76 of 6 & 7 Vict. c. 18 (1843), is incorporated in this clause]. Notices. 232.-Any notice or other document required by this Act to be fixed on the town hall shall be fixed in some conspicuous place on or near the outer door of the town hall, or, if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates. [Church and chapel doors where there is no town hall, would meet the requirements of this section]. Inspection and Copies. 233.-(1.) The minutes of proceedings of the council shall be open to the inspection of a burgess on payment of a fee of one shilling, and a burgess may make a copy thereof or take an extract therefrom. (2.) A burgess may make a copy of or take an extract from Inspection and Copies. an order of the council for the payment of money. (3.) The treasurer's accounts shall be open to the inspection of the council, and a member of the council may make a copy thereof or take an extract therefrom. (4.) The abstract of the treasurer's accounts shall be open to the inspection of all the ratepayers of the borough, and copies thereof shall be delivered to a ratepayer on payment of a reasonable price for each copy. (5.) The Freemen's Roll shall be open to public inspection, and the town clerk shall deliver copies thereof to any person on payment of a reasonable price for each copy. [See hereon 12 Geo. 3, c. 21, s. 2, and 32 Geo. 3, c. 58, s. 4]. (6.) A document directed by this Act to be open to inspection shall be so open at any reasonable time during the ordinary hours of business, and without payment, unless it is otherwise expressed. [See hereon, Rex v. Arnold (4 A. & E., 657)]. (7.) If a person having the custody of any document in this section mentioned, (a.) Obstructs any person authorized to inspect the same in making such inspection thereof as in this section mentioned; or (b.) Refuses to give copies or extracts to any person entitled to obtain the same under this section ; he shall, on summary conviction, be liable to a fine not exceeding five pounds. [The effect of sections 5, 15, 69, and 93 of the Act of 1835, and section 22 of 7 Will. 4 and 1 Vict. c. 78 (1837), is preserved in this clause]. to be posted. 234.-The town clerk of every borough shall cause a true Tables of fees copy of the tables of fees for the time being authorized to be taken by the clerk of the peace (if any) for the borough, by the clerk to the justices (if any) for the borough, and by the registrar and officers of the borough civil court (if any), to be posted conspicuously in the following places: (a.) The room where the business of the town clerk's office is transacted; Fees. Seals and Forgery. Applications to Treasury. Notice of application to and correspondence (b.) The room, if any, where the justices of the borough sit for transacting their business; (c.) The room, if any, where the court of quarter sessions of the borough is held; and (d.) The room, if any, where the borough civil court is held. [The effect of section 125 of the Act of 1835 is preserved in this clause]. Seals and Signatures. 235.-If any person forges the seal or signature affixed or subscribed to a bye-law made under this Act, or the signature subscribed to any minute of proceedings of the council, or tenders in evidence any such document with a false or counterfeit seal or signature, knowing it to be false or counterfeit, he shall be liable to imprisonment with hard labour for any term not exceeding two years. [The effect of section 4 of 36 & 37 Vict. c. 33 (1873) is preserved in this clause]. Applications to Treasury. 236.-(1.) Where the council intend to apply to the Treasury for their approval of any sale, loan, or other financial arrangewith Treasury. ment under this Act, notice of the intention to make the application shall be fixed on the town hall one month at least before the application, and a copy of the intended application shall during that month be kept in the town clerk's office, and be open to public inspection. (2.) If the Treasury either refuse their approval or grant it conditionally or under qualifications, noticeof the correspondence between the Treasury and the council shall forthwith and during one month be fixed on the town hall, and a copy of the correspondence shall during that month be kept in the town clerk's office, and be open to public inspection. [The effect of section 94 of the Act of 1835, and sections 8 and 9 of 23 & 24 Vict. c. 16 (1860), is preserved in this clause]. Deputy. Acts of deputy not to be invalidated by defect in appointment. Overseers. Notices to and acting of Overseers. Deputy. 237.-No defect in the appointment of a deputy under this Act shall invalidate his acts. Overseers. 238.-(1.) Every matter by the Municipal Corporations Acts directed to be done by overseers may be lawfully done by the major part of them. |