Page images
PDF
EPUB

(2) Electoral divisions shall, so far as may be reasonably practicable, be framed so that every division shall be a county district or ward, or a combination of county districts or wards, or be comprised in one county district or ward, but where an electoral division is a portion of a county district or ward, and such portion has not a defined area for which a separate list or part of a list of voters is made under the Acts relating to the registration of electors, such portion shall, until a new register of electors is made. continue to be part of the district or ward of which it has been treated as being part in the then current register of electors;

(3.) Whenever under the provisions of this section a county district is divided into two or more portions, every such portion shall, as far as possible, consist of an entire parish or of a combination of entire parishes;

(4.) In determining the electoral divisions for the first election, the foregoing provisions shall apply as if, where a rural sanitary district is situate in more than one county, each portion of the district which is situate in the same county were a county district, and any such portion may be combined with a county district, or portion of a county district, although not adjoining;

(5.) The electoral divisions for the first election shall be fixed on or before the eighth day of November next after the passing of this Act. 52. -(1.) The Local Government Board shall make provisional orders for dealing with every case where the council of a borough is not the urban sanitary authority for the whole of the area of such borough, and the area of the borough is either co-extensive with or is wholly or partly comprised in any urban sanitary district, and such order shall determine whether the area of the borough or of the sanitary district, or an area comprising both the borough and the urban sanitary district, or a portion of such united area, shall, whether with or without any adjoining area, be the area of the county district for the purposes of this Act, so, however, that in either case the order shall provide for the council of the borough becoming the district council, and the order may for that purpose alter the boundaries of the borough, and may, if need be, alter the boundaries of the county; and if the population exceeds fifty thousand, the order may constitute the borough into a county borough, and make such provision as may be necessary for carrying this Act into effect as respects such county borough; and the provisions of this Act respecting county boroughs shall, subject to the provisions of the order apply.

(2.) Where certain members of the sanitary authority for any such urban sanitary district are appointed by a university or any colleges therein, the order may provide for the appointment by such university or colleges of members on the district council.

(3.) A provisional order under this section shall not be of any effect until it is confirmed by Parliament.

53,-(1.) Every report made by the Boundary Commissioners under the Local Government (Boundaries) Act, 1887, shall be laid before the council of any administrative county or county borough affected by that report.

(2.) It shall be the duty of the council to take into consideration such report, and to make such representations to the Local Government Board as they think expedient for adjusting the boundaries of their county, and of other areas of local government partly situate in their county, with a view of securing that no such area shall be situate in more than one county.

54.-(1.) Whenever it is represented by the council of any county or borough to the Local Government Board

(a) that the alteration of the boundary of any county or borough is desirable ; or

(6) that the union, for all or any of the purposes of this Act, of a county borough with a county is desirable; or

(c) that the union, for all or any of the parposes of this Act, of any counties or boroughs or the division of any county is desirable; or

(d) that it is desirable to constitute any borough having a population of not less than fifty thousand into a county borough ; or

(e) that the alteration of the boundary of any electoral division of a county, or of the number of county councillors and electoral divisions in a county is desirable ; or

(f) that the alteration of any area of local government partly situate

in their county or borough is desirable. the Local Government shall, unless for special reasons they think that the representation ought not to be entertained, cause to be made a local inquiry, and may make an order for the proposal contained in such representation, or for such other proposal as they may deem expedient, or may refuse such order, and if they make the order may by such order divide or alter any electoral division.

(2.) Provided that in default of such representation by the council of any county or borough before the first day of November one thousand eight hnndred and eighty-nine, the Local Government Board may cause such local inquiry to be made, and thereupon may make such order as they may deem expedient.

(3.) Provided that if the order alters the boundary of a county or borough, or provides for the union of a county borough with a county, or for the union of any countios or boroughs, or for the division of any county, or for constituting a borough into a county borough, it shall be provisional only, and shall not have effect unless confirmed by Parliament.

(4.) Where such order alters the boundary of a borough, it may, as consequential upon such alteration, do all or any of the following things, increase or decrease the number of the wards in the borough, and alter the boundaries of such wards, and alter the apportionment of the number of councillors among the wards, and alter the total number of councillora, and in such case, make the proportionate alteration in the number of aldermen.

(5.) At any time before the appointed day, the Local Government Board may make an order in pursuance of this section without any such representation as in this section mentioned.

55.-(1.) Where the Local Government Board make a Provisional Order for uniting two county boroughs, such Order may make them one borough and one county for the purposes of this Act.

(2.) Such Order, and also any other Order under this Act, for uniting boroughs, whether county boroughs or not, may also contain such provisions as may seom necessary or proper for regulating the division of the combined borough into wards, the number of councillors to be elected for each ward, and the first election of the council of the combined borough, and for providing for the clerks of the peace, coroners, town clerks, and officers of the boroughs and the application to them .of the provisions of this Act as to existing officers, and for providing for all matters incidental to or consequential on the union of the boroughs.

(3.) When any such Provisional Order is confirmed, it shall be lawful for Her Majesty to grant a commission of the peace and court of quarter sessions to the combined borough in like manner as to any other borough under the Municipal Corporations Act, 1882, and the Provisional Order may contain such provisions as appear necessary or proper for regulating all matters incidental to such grant, and to the changes caused by the union of the boroughs in matters connected with such commission or court or otherwise with the administration of justice.

56. Where a petition is presented to Her Majesty the Queen by the inhabitant householders of any town or towns or district, in pursuance of the Municipal Corporations Act, 1882, for the grant of a charter of incorporation, notice of such petition shall be given to the county council of the county in which such town, towns, or district is or are situate, and shall also be sent to the Local Government Board, and the Privy Council shall consider any representations made by such county council or the Local Government Board, together with the petition for such charter.

57. Future alteration of county districts and parishes and wards, and future

establishment of urban districts. 58. Additional power of Local Government Board as to unions. 59. Supplemental provisions as to alteration of areas. 60. General provision as to alteration of boundaries. 61. Appointment of Commissioners. 62. Adjustment of property and liabilities. 63. Arbitration by Local Government Board.

PART IV.

FINANCE. Property Funds and Costs of County Council. 64. Transfer of county property and liabilities. 65. Power to acquire lands. 66. Costs of justices to be payable out of county fund. 67. Adjustment of law as respects costs ordered by quarter sessions or

justices to be paid. 68. Funds of county council. 69, Borrowing by county council. 70. Issue of county stock. 71. Audit of accounts of county council. 72. Adaptation of Part V. of 45 & 46 Vict. c. 50. as to corporate property

and liabilities.

Local Financial Year and Annual Budget. 73. Fixing of Local financial year and consequent adjustments. 74. Annual budget of county councils.

PART V.
SUPPLEMENTAL.

Application of Acts. 75. Application of 45 & 46 Vict. c. 60. to county councils and this Act.

[The following portions of the Municipal Corporations Act, 1882, apply to the present Act:-Parts 11., III., IV. (as amended by 47 & 48 Vict. c. 70), section 124 in Part V., Parts XII., XIII. ; the second schedule ; Parts II. and III. of third schedule, and Part I. of eighth schedule. Certain qualifying particulars, which have been noted in the body of this book, are added. Elections for county and borough councils to be taken together. The hours of polling for election of county councillors to be those fixed by the Elections (Hours of Poll) Act, 1885. Elections of chairmen and county aldermen to take place on November 7th instead of November 9th. Corporate officers to have ten days instead of five in which to accept office. Quorum of county council to be one-fourth, Person elected to corporate office without consent not to be liable to fine for non-acceptance. Sections 4, 5 6 and 7 of the Parliamentary Elections (Retarning Officers) Act, 1875,

as amended by 49 & 50 Vict. o. 57, to apply]. 76. Amendment of 51 & 52 Vict. c. 10. 77. Residential qualification of county electors in administrative county of

London. 78. Construction of Acts referring to business transferred.

Proceedings of Councils and Committees. 79. Incorporation of county council. 80. Payments out of fund and finance committee of county council. 81. Appointment of joint committees. 82. Proceedings of committees.

Officers. 83. Clerk of the peace and of county council. 84. Appointment of the justices' clerks and clerks of committees.

Regulations for Bicycles, &c. 85. Regulations for bicycles, &c.

Adaptation of Acts. 86, Adaptation of Lunatic Asylum Acts. 87. Application of provisions of 38 & 39 Vict. c. 55. as to local inquiries and

provisional orders. 88. Adaptation of Act to Metropolis. 89. Adjustment of law as regards courts, juries, sittings, and legal pro

ceedings in Middlesex and London. 90. Special provisions as to adjustment in the Metropolis. 91. Adjustment as regards the Militia Acts.

Savings. 92. Saring for votes at any Parliamentary elections. 93, Saving for Metropolitan and City Police. 94. Saving for Metropolitan common poor fund. 95. Saving as to Middlesex, Surrey, and Kent. 96. Saving for Middlesex Land Registry. 97. Saving as to liability for main roads. 98. Saving for powers of Commissioners of Inland Revenue and Customs.

Definitions. 99. Definition of “written." 100. Interpretation of certain terms in the Act. 101. Extent of Act. 102. Short title.

PART VI.
TRANSITORY PROVISIONS.

First Election of County Councillors.
103. First election of county councillors.
104. Retirement of first county councillors.
105. Preliminary action of county councillors as provisional council.
106. First proceedings of provisional council.

General Provision as to First Elections. 107, Casual vacancies at first elections. 108. Power of Local Government Board to remedy defects.

Appointed Day. 109. Appointed day.

Transitional Proceedings. 110. Current rates, jury lists, &c. 111. Transitory provisions as to lunatio asylums. 112, Transitory provisions as to Contagious Diseases (Animals) Acts.

Transitory Provisions as to Metropolis. 113. Transitory provision as to sheriffs of London and Middlesex. 114. As to existing coroners for Middlesex, Surrey, and Kent.

115. As to commission of the peace for London.
116. As to places for holding quarter sessions.
117. As to existing justices in Metropolis.

Existing Officers.
118. Existing clerks of the peace and other officers.
119. As to officers transferred to county councils.
120. Compensation to existing officers.

Temporary Provision as to Grant from Exchequer.
121. Grant and application of part of probate duty and of horse and wheel
tax during the year ending 31st March, 1889.

Savings.
122. Saving for existing securities and discharge of debts.
123. Saving for existing bye-laws.
124. Saving for pending actions, contracts, &o.
125. Saving for charters, local Acts, &c.

Repoals.
126. Repeal of Acts.

SCHEDULES.

FIRST SCHEDULE.
Local Taxation Licences.

SECOND SCHEDULE.
Alteration of Schedule to District Auditors Act, 1879.

(42 d 43 Vict. c. 6.)

[merged small][graphic][subsumed][subsumed][subsumed][merged small][subsumed][subsumed][subsumed][subsumed][subsumed]
« PreviousContinue »