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sessions shall be the local authority, and the clerk to such justices shall act as clerk of the peace, and the rate in the nature of a county rate levied
by those sessions shall be the local rate. 42, In this Act, if not inconsistent with the context, the following terms and expressions have the meanings hereinafter respectively assigned to them.
The expression “quarter sessions" includes general sessions.
The expression “borough" means any place for the time being subject to the Municipal Corporations Act, 1882, and the Acts amending the
Temporary Provisions and Repeal. 45. The Acts speoified in the Third Schedule to this Act are hereby repealed, from and after the passing of this Act, to the extent specified in the third column of that schedule. Provided that,
(1.) A coroner elected before the passing of this Act, shall continue to hold office in like manner as if he had been elected under this Act, and
(2.) Any schedule of fees, allowances, and disbursements made by a local authority for a county or borough before the passing of this Act shall, until a schedule is made in pursuance of this Act, be of the same effect as if the schedule had been made in pursuance of this Act, and (3.) This repeal shall not affect
(a) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby repealed ; or,
() Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed; or
(c) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or
(d) Any inquest on any death which occurred before the commencement of this Act or an inquisition found thereon, or any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such inquest, investigation, legal proceeding, and remedy, and the trial of any such inquisition may be carried on as if
this Act had not passed. (4.) This repeal shall not revive any jurisdiction, office, duty, fee, franchise, liberty, custom, right, title, privilege, restriction, exemption, usuage, practice, procedure, or other matter or thing not in force or existing at the passing of this Act.
(5.) Save in so far as is inconsistent with this Act, any principle or rule of law, or established jurisdiction, practice, or procedure, or existing usage, franchise, liberty, or custom, shall, notwithstanding the repeal of any enactment by this Act, remain in full force.
[Form of Declaration of Office of Coroner.] I solemnly, sincerely, and truly declare and affirm that I will well and truly serve our Sovereign Lady the Queen and her liege people in the office of coroner for this county (or borough or as the case may be] of
and that I will diligently and truly do everything appertaining to my office after the best of my power for the doing of right, and for the good of the inhabitants within the said county (or borough or as the case may be.]
THIRD SCHEDULE, This Schedule repeals section 171 from " and thereafter” down to “office of coroner," section 173 and section 174 of the Municipal Corporations Act, 1882.
ABSTRACT OF THE COUNTY ELECTORS ACT, 1888.
[61 Vict. c. 10.] An Act to provide for the qualification and registration of electors for the purposes of Local Government in England and Wales. [16th May, 1888.]
[Section 3 will be found quoted in full at page 28, ante.] 4. (1.) The Registration of Electors Acts shall, so far as circumstances admit, apply to the enrolment of burgerses in a municipal borough, to which the Parliamentary and Municipal Registration Act, 1878, does not apply, and to the registration of county electors within the meaning of this Act; and the lists of burgesses, and of county electors, and of occupation voters for parliamentary elections, shall, so far as practicable, be made out and revised together; and the Registration of Electors Acts shall accordingly,
(a) apply to every such municipal borough in like manner as if it were a borough to which sub-section two of section six of the Registration Act, 1885, applied (subsection one of wbich section is hereby repealed), and revising assessors for such borough shall not be elected.
REGISTRATION Act, 1885. Definition of Ten Pounds Occupation Qualification (see section 3 at page 28, ante).
A person entitled to be registered as a voter in respect of a ten pounds occupation qualification in a borough, municipal or parliamentary
(a) must during the whole twelve months immediately preceding the fifteenth day of July have been an occupier as owner or tenant of some land or tenement in a parish (or township] of the clear yearly value of not less than ten pounds; and
(6) must have resided in or within seven miles of the borough during six months immediately preceding the fifteenth day of July ; and
(c) such person, or some one else, must during the said twelve months have been rated to all poor rates made in respect of such land or tenement; and
(d) all sums due in respect of the said land or tenement on account of any poor rate made and allowed during the twelve months immediately preceding the fifth day of January next before the registration, or on account of any assessed taxes due before the said fifth day of January, must have been paid on or before the twentieth day of July. If two or more persons jointly are such occupiers as above mentioned, and the value of the land or tenement is such as to give ten pounds or more for each occupier, each of such occupiers is entitled to be registered as a voter,
If a person has occupied in the borough different lands or tenements of the requisite value in immediate succession during the said twelve months, he is entitled in respect of the occupation thereof to be registered as a voter in the parish (or township) in which the last occupied land or tenement is situate.
ABSTRACT OF THE RECORDERS, MAGISTRATES, AND CLERKS OF THE PEACE ACT, 1888.
[51 & 52 VICT., CH. 23.] An Act to make better provision as to the appointment of deputies for Recorders, Stipendiary Nagistrates, and Clerks of the Peace.
[10th August, 1888.) 1.-(1.) If at any time it appears to the authority having power to appoint a recorder or a stipendiary magistrate or a clerk of the peace for any place or county, that the recorder, magistrate, or clerk of the peace for that place or county is, by reason of illness, absence, or any other cause, incapable of appointing or removing a deputy, the authority may exercise that power on his behalf, and in so doing may assign out of his salary or stipend a suitable remuneration to any deputy appointed under the power.
(2.) Every deputy appointed under this section shall, during the time for which he is appointed, have all the powers and privileges and perform all the duties of the recorder, magistrate, or clerk of the peace for whom he is appointed.
ABSTRACT OF THE LOCAL GOVERNMENT (ENG
LAND AND WALES) ACT, 1888.
Constitution of County Council.
Powers of County Council. 3. Transfer to county council of administrative business of quarter sessions. 4. Transfer of certain powers under local Acts. 5. Appointment of coroners by county council. 6. Power of council as to bridges. 7. Transfer to county council of certain powers of justices out of session. 8. Reservation of business to quarter sessions. 9. Powers as to police. 10. Transfer to county council of powers of certain Government departments
and other authorities. 11. Entire maintenance of main roads by county council. 12. Roads and tolls in Isle of Wight, 13. Adaptation of Act to South Wales roads. 14. Power to county council to enforce provisions of 39 & 40 Vict. c. 75. 15. Council to have power to oppose Bills in Parliament. 16. Power of county council to make bye-laws. 17. Power of county councils to appoint medical officer of health. 18. Qualification of medical officers of health. 19, Power of county council as to report of medical officer of health. Financial Relations between E. chequer and County, and Contributions
by County for Costs of Union Officers. 20. Payment to county council of proceeds of duties on local taxation licences. 21. Grant to county council of portion of probate duty. 22. Distribution of probate duty grant. 23. Application of duties on local taxation licences and probate duty grant. 24. Payments by county council in substitution for annual local grants out of
Exchequer in aid of local rates. 25. As to Seoretary of State's power respecting efficiency of police.
[Grants in aid of police may be withheld if a borough force has not been kept efficient.] 26. Grant by county council towards costs of officers of union. 27. Supplemental provisions as to local taxation account and Exchequer contribution account.
General Provisions as to Transfer. 28. General provisions as to powers transferred to county council. 29. Summary proceeding for determination of questions as to transfer of
powers. 30. Standing joint committee of quarter sessions and county council for the
purpose of police, clerk of the peace, officers, &c.
APPLICATION OF ACT to BoroughS, THE METROPOLIS, AND
CERTAIN SPECIAL COUNTIES.
Application of Act to Boroughs. 31. Each of the boroughs named in the Third Schedule to this Act being a borough which on the first day of June one thousand eight hundred and eighty. eight, either had a population of not less than fifty thousand, or was a county of itself shall, from and after the appointed day, be for the purposes of this Act an administrative county of itself, and is in this Act referred to as a county borough.
Provided that for all other purposes a county borough shall continue to be part of the county (if any) in which it is situate at the passing of this Act, and if a separate commission of assize, oyer and terminer, or gaol delivery is not directed to be executed within the borough, the borough shall, for the purposes of any such commission, and of the service of jurors, and the making of jury lists, be part of the county in which it is specified in the said schedule to be deemed for the purposes of this Act to be situate.
32.--(1.) An equitable adjustment respecting the distribution of the proceeds of the local taxation licences, and probate duty grant, and respecting all other financial relations, if any, between each county, and each county borough, specified in the said schedule as being deemed for the purposes of this Act to be situate in that county, shall be made by agreement, within twelve months after the appointed day, between the councils of each county and each borough, and in default of any such agreement, by the Commissioners appointed under this Aot; and such adjustment shall provide, in the case of any expenses which may in future be incurred by the county wholly or partly on behalf of the oroi for the liabili of such borough to contribute, and save as provided by this Act, any existing liability to contribute or to incur expense shall, after the appointed day, cease, and an equitable provision for such cessation shall be made in the adjustment.
(2.) Where a county borough is specified in the said schedule as being deemed for the purposes of this Act to be situate in more than one county, the necessary adjustment shall be made between the counties.
(3.) In such adjustment regard shall be had to the existing property, debts, and liabilities (if any) connected with the financial relations of the county and borough, and to the consideration that the county is not to be placed in any worse financial position by reason of the boroughs therein being constituted county boroughs, and that a county borough is not to be placed in a worse financial position than it would have been in if it had remained part of the county and had shared in the division of the sums received by a county in respect of the licence duties and the probate duty grant as provided by this Act, and to the amount of benefit and value of the services which the borough receives in return for existing contributions, if any, and to all the circumstances of each case which it appears equitable to consider, subject nevertheless to the following provisions :-
(a.) Where separate commissions of assize, oyer and terminer, and gaol delivery are not directed to be executed in a county borough, the borough council shall contribute a proper share of the costs of and incidental to the assizes of the county :
(6.) If the borough is not at the passing of this Act a quarter sessions borough, the borough council shall contributo a proper share of the costs of and incidental to the quarter sessions and petty sessions of the county, and of and incidental to the coroners of the county or any franchise therein, and if a grant of a court of quarter sessions is hereafter made to the borough, the borough shall redeem the liability to such contribution, on such terms as may be agreed upon, or, in default of agreement, may be determined by arbitration under this Act :
(c.) Where any portion of the costs of building and furnishing any county lunatic asylum has been contributed by a county borough, then, until a new arrangement is made between the county and borough councils, the borough council shall contribute in respect of the lunatic asylums for the time being of the county the like amount as would if this Act had not passed have been contributed by the borough; and the county council shall provide accommodation for and maintain pauper lunatics sent from the borough on the like terms as before the passing of this Act; and the borough council may, if they so desire, appoint to be members of the comunittee of visitors of any such asylum such number of members of the council as may be agreed upon, or in default of agreement be determined by the Commissioners under this Act, but such appointment shall be in substitution for any appointment made on the part of the borough under any existing law or arrangement. Any new arrangement may be made between the county council and all the borough councils concerned with respect to any such lunatic asylum, and if any such new arrangement is made, the borough and county councils may carry into effect any adjustment of property, debts, and liabilities which is the subject of such arrangement. If any council desires to make a new arrangement, and any or all of the other councils refuse to agree to the same, the matter shall be referred to the Conn.issioners under this Act, or, after they have
ceased to hold office, to arbitration under this Act. (d.) Each county borough shall be liable for the maintenance of pauper
lunatics in like manner as any other county. (4.) In the adjustment of any financial relations other than the distribution of the proceeds of the licences and probate duty grant, no borough wholly or partially exempt from contributing to any object shall be rendered liable so to contribute or to contribute in greater proportion than at present.
(5.) The provisions of Part III. of this Act with respect to the adjustment of property, income, debts, liabilities, and expenses, and to borrowing for the purpose shall apply as if the Commissioners under this Act were the arbitrator in that Part mentioned.
(6.) Provided that at any time after the end of five yers from the date of an agreement or award adjusting the financial relations of any county and borough, if the council of either the county or borough satisfy the Local Government Board that the adjustment has become inequitable, and that the councils are unable to agree on a new adjustment, the board shall appoint an arbitrator; and such arbitrator shall proceed to make a new equitable adjusiment as if he wero the Commissioners under this Act, and the provisions of this Act shall apply accordingly. Any new adjustment made by agreement, or by the award of an arbitrator under this section, may, after the expiration of five years from the date of such agreement or award, be altered either by agreement or by arbii ration as above mentioned.
(7.) Until any adjustment in pursuance of this section has come into operation, the county or borough council shall pay out of the county or borough fund to the borough or county council, as the case may be, the average annual amount which during the three years next before the appointed day has been expended by the county for the benefit of the borough, or contributed by the boruugh to the county, as the case may be, but any sum so paid shall be taken into account in the making of the adjustnient, and the adjustment shall be made so as to take effect as from the appointed day.
(8.) Any contribution by a county borough to the county in pursuance of this section shall be required and made in accordance with section one hundred and fifty-three of the Municipal Corporations Act, 1882, and that section, except so far as relates to the appointment of an arbitrator, shall apply in like manner as if every such borough were a quarter sessions borough situate in the county.
(9.) Expressions in this section relating to contributions by a borough to a county shall be construed to include any sum raised by the assessment of the parishes or hereditaments in the borough to the county rate.
33.-(1.) Nothing in this Act with respect to county boroughs shall prevent the continuance of one police force for any county borough and any county, or the consolidation of the police forces of any county borough and any county in like manner as horetofore, but where the provisions of this Act affect the arrangement with respect to the consolidated police force for a county and borough, an adjustment shall be made betweer the council of the borough and county in accordance with the provisions of this Act. The foregoing provisions of this section shall apply to boroughs which are not county boroughs in like manner as if they were re-enacted and in terms made applicable to those boroughs.
(2.) Where, for the purpose of caloulating any contribution or payment to be made under this Act, it is necessary to ascertain the rateable value of