Page images
PDF
EPUB

(c) any such scheme may validate any acts done by the Education Department or the school board or the council of the borough or any justice since the date of the charter. (3.) This section shall be in addition to and not in derogation of any powers in relation to school boards for the time being vested in the Committee of the Lords of the Privy Council on Education (who are in this section referred to as the Education Department).

2. Whereas by the Elementary Education Act, 1870, it was enacted that the School Board for London should consist of such number of members elected by the divisions of the metropolis specified in the Fifth Schedule to that Act as the Education Department might by order fix, and power was given to the Education Department from time to time to alter by way of increase or decrease the number of members of any of the said divisions, but no power was given to alter the said divisions, and it is expedient to divide the Lambeth division into two divisions;

Be it therefore enacted as follows :(1.) The Lambeth division of the metropolis for the purpose of the Elementary Education Acts, 1870 and 1873, shall be divided into two divisions named East Lambeth and West Lambeth, and the Fifth Schedule to the Elementary Education Act, 1870, shall be construed as if for “ Lambeth " there were substituted “East Lambeth” and “West Lambeth."

(2.) The Education Department shall, so soon as may be after the passing of this Act, by order determine the boundaries of the divisions of East Lambeth and West Lambeth for the purposes aforesaid and the number of members to be elected by each of such divisions, sụbject nevertheless to any subsequent alteration of the number of members in pursuarce of the said Acts.

(3.) At the first election of the School Board for London which is held after the passing of this Act, members shall be elected for the two divisions constituted by this Act; but nothing in this Act shall affect the School Board for London until such members come into office.

3. This Act may be cited as the School Boards Act, 1885.

This Act, so far as relates to school boards on the incorporation af a municipal borough, shall be construed as one with the Municipal Corporations Act, 1882, and together with that Act may be cited as the Municipal Corporations Acts, 1882 and 1885.

This Act, so far as regards the divisions of the metropolis, shall be construed as one with the Elementary Education Acts, 1870 and 1873, and may be cited together with those Acts as the Elementary Education Acts, 1870, to 1885.

MEDICAL RELIEF DISQUALIFICATION REMOVAL

ACT, 1885.

[48 & 49 Vict., Ch. 46.

An Act to prevent Medical Relief disqualifying a person from voting.

[6th August, 1885.]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords. Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,)

1. This Act may be cited as the Medical Relief Disqualification Removal Act, 1885.

2.-'1. Wbere a person has in any part of the United Kingdom received for himself, or for any member of his family, any medical or surgical assistance, or any medicine at the expense of any poor rate, such person shall not by reason thereof be deprived of any right to be registered or to rote either

(a)

, as a parliamentary voter; or
b) as a voter at any municipal election; or
(c) as a burgess ; or

d, as a roter at any election to an office under the provisions of any

statute :
but nothing in this section shall apply to the election-

(a) of any guardian of the poor: or
(bj of any member of any parochial board in Scotland; or

e of any other body acting in the distribution of relief to the poor from the poor rate. (2.) Every person shall be qualified to be registered as a roter and to vote as aforesaid who would be so qualified if the provisions of this Act had come into force on the fifteenth day of July one thousand eight hundred and eightyfour.

3.-(1.) In the year one thousand eight hundred and eighty-five, in England, where the overseers have entered “objected” against the names of any persons in the list of ownership voters or in the old lodgers list, or have omitted the names of any voters from any list of voters made by them, and such entry or omission has been made on the ground only of those persons having received such medical or surgical assistance or medicine as in this Act mentioned, and such names would not if this Act had previously passed have been so objected to or omitted, the overseers shall make a list of such persons and such list shall be published, revised, and dealt with in all respects as if it were part of the list of claimants in respect of the occupation of property with the qualifications following (namely) :

The revising barrister shall, without the appearance of or any proof by any such person, retain his name in the list made by the overseers under this section, unless he is objected to, and the objector proves that such person is not entitled to be registered; and if such objection is made the revising barrister shall, notwithstanding the absence of the said person, take the evidence of the overseers as to his right to be registered.

Any person whose name ought to have been inserted in the list made by the overseers under this section, and has been omitted therefrom, may claim to have his name inserted in the lists of voters by giving to the overseers, within six days after the publication of such lists, notice of such claim in the manner and form provided by law with respect to other claims, and the overseers shall produce all such claims to the revising barrister, and he shall revise and deal with the same in like manner as

with ordinary claims. (2.) The clerk of the peace or town clerk shall insert in their proper place in the register the names of the persons in the said list when revised.

(3.) Every clerk of the peace and town clerk acting under the Acts relating to the registration of parliamentary voters shall forthwith after the passing of this Act issue precepts to the overseers informing them of their duties under it; provided that this Act shall not be construed to create any disability where such disability does not now exist.

4. The term "medical or surgical assistance" in this Act shall include all medical and surgical attendance, and all matters and things supplied by or on the recommendation of the medical officer having authority to give such attendance and recommendation at the expense of any poor rate.

ABSTRACT OF SUMMARY JURISDICTION ACT, 1884.

[47 & 48 VICT., Ch. 43.)

An Act to repeal divers enactments rendered unnecessary by the Summary

Jurisdiction Acts and other Acts relating to proceedings before Courts of Summary Jurisdiction, and to make further provision for the uniformity of proceedings before those Courts.

[7th August, 1884.]

9. Nothing in section two hundred and twenty-seven of the Municipal Corporations Act, 1882, shall be taken to have repealed section thirty-eight of the Summary Jurisdiction Act, 1879.

SCHEDULE.

ENACTMENTS (AMONGST OTHERS) REPEALED.

This schedule down to the year 1868 refers to the Statutes, Revised Edition, published by authority under the direction of the Statute Law Committee.

A description or citation of a portion of an Act in this schedule is inclusive of the word, section, or other part first and last mentioned or otherwise referred to as forming the beginning or as forming the end of the portion described in the description or citation.

Year and Chapter.

Title or Short Title.

Extent of Repeal,

42 & 43 Vict. c. 49 | The Summary Jurisdic

tion Act, 1879.

In section thirty - one, the

words“ by this Act or by

"any future Act." Section thirty-two, down to

“in accordance with the "conditions and regula"tions contained in this " Act."

45 & 46 Vict. c. 50 The Municipal Corpora- Sub sections five and six of tions Act, 1882.

section two hundred and twenty-seven,

ABSTRACT OF CORONERS ACT, 1887.

[50 & 51 Vict., Ch. 71.]

An Act to consolidate the Law relating to Coroners.

[15th September, 1887.)

Preliminary, 1. This Act may be cited as the Coroners Act, 1887. 2. This Act shall not apply to Scotland or Ireland.

PART I.

LAW OF COXONERS.

Inquo8t. 6. (1.) Where Her Majesty's High Court of Justice, upon application made by or under the authority of the Attorney-General, is satisfied either

(a.) that a coroner refuses or neglects to hold an inquest which ought to be held ; or

(6.) Where an inquest has been held by a coroner that by reason of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry, or otherwise, it is necessary or desirable, in the interests of

justice, that another inquest should be held, the court may order an inquest to be held touching the said death, and may, if the court think it just, order the said coroner to pay such costs of and incidental to the application as to the court may seem just, and where an inquest has been already held may quash the inquisition on that inquest.

(2.) The court may order that such inquest shall be held either by the said coroner, or if the said coroner is a coroner for a county, by any other coroner for the county, or if he is a coroner of a borough or for a franchise then by a coroner for the county in which such borough or franchise is situate, or for a county to which it adjoins, and the coroner ordered to hold the inquest shall for that purpose have the same powers and jurisdiction as, and be deemed to be, the said coroner.

7.-(1.) The coroner only within whose jurisdiction the body of a person upon whose death an inquest ought to be holden is lying shall hold the inquest, and where a body is found dead in the sea, or any creek, river, or navigable canal within the flowing of the sea where there is no deputy coroner for the jurisdiction of the Admiralty of England, the inquest shall be held only by the coroner having jurisdiction in the place where the body is first brought to land.

(2.) In a borough with a separate court of quarter sessions, no coroner, save as is otherwise provided by this Act, shall hold an inquest belonging to the office of coroner, except the coroner of the borough, or a coroner or deputy coroner for the jurisdiction of the Admiralty of England.

(3.) In a borough which has not a separate court of quarter sessions no coroner, save as is otherwise provided by this Act, shall hold an inquest belonging to the office of coroner except a coroner for the county or a coroner or a deputycoroner for the jurisdiction of the Admiralty of England.

Liabilities of Coronci.

8.-(1.) The Lord Chancellor may, if he thinks fit, remove any coroner from his office for inability or misbehaviour in the discharge of his duty.

Expenses and Returns of Inquests. 25, The local authority for a county or borough from time to time may make, and when made may alter and vary a schedule of fees, allowances, and disbursements which on the holding of an inquest may lawfully be paid and made by the coroner holding such inquest (other than the fees payable to medical witnesses in pursuance of this Act), and the local authority shall cause a copy of every such schedule to be deposited with the clerk of the peace of the county or with the town clerk of the borough, and one other copy thereof to be delivered to every coroner concerned.

27,-(1.) Every coroner shall, within four months after holding an inquest, cause a full and true account of all sums paid by him under this Act to be laid before the local authority of the county or borough by whom the sums are to be reimbursed to him.

(2.) Every account shall be accompanied by such vouchers as under the circumstances may to the local authority seem reasonable, and the local authority may, if they think fit, examine the said coronor on oath as to the account, and on being satisfied of the correctness thereof, the local authority shall order their treasurer to pay to the coroner the sum due to him on such account, with the addition, in the case of a coroner of a borough, of six shillings and eight pence for each inquest; and the treasurer shall pay the same out of the local rate, without any abatement or deduction whatever, and shall be allowed the same on passing his accounts.

28, Every coroner of a borough shall on or before the first day of February in every year make and transmit to a Secretary of State a return in writing, in such form and containing such particulars as the Secretary of State from time to time directs, of all cases in which an inquest has been held by him, or by some person in lieu of him, during the year ending on the thirty-first day of December immediately preceding.

Savings and Miscellaneous. 33. Nothing in this Act shall affect the application to coroners of a borough of the provisions of the Municipal Corporations Act, 1882, with respect to the appointment, qualification, tenure of office, and payment of a coroner of a borough, and the appointment of a deputy by such coroner.

Definitions. 38. In this Act the expression “county," unless there is something inconsistent in the context, does not include a county of a city or a county of a town, but includes any division or liberty of a county which has a separate court of quarter sessions for which a separate coroner has customarily been elected, but the whole of Yorkshire and the whole of Lincolnshire shall respectively be a county for the purposes of this Act. 41, For the purposes of this Act,

(a) The local authority of a county shall be the court of quarter sessions of the county; and

(6) The local authority of a borough shall be the mayor, aldermen, and burgesses of the borough acting by the council; and

( The local rate shall be, in the case of a county, the county rate, or rate in the nature of a county rate, and, in the case of a borough, the borough fund or borough rate ; and

(d) În Lincolnshire and Yorkshire respectively the justices in gaol

« PreviousContinue »