« PreviousContinue »
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
ceased to hold office, to arbitration under this Act.
lunatics in like manner as any other county.
(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 arbitralor; and such arbitrator shall proceed to make a new equitable adjusiment as if he were 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 bas come into operation, the county or burough 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 between 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
both a county and a county borough, such ratea ble value shall be ascertained and fixed by a joint committee composed of representatives of all the councils concerned, and such committee shall for that purpose have all the powers and jurisdiction of quarter sessions and of a committee of justices appointed under the Courty Rate Act, 1852, and the Acts amonding the same, and the number of representatives for the county and each county borough respectively shall be settled by agreement, or in default of agreement by the Local Government Board.
34.-(1.) The mayor, aldermen, and burgesses of each county borough acting by the council shall, subject as in this Act mentioned, have and be subject to all the powers, duties, and liabilities of a county council under this Act (in so far as they are not already in possession of or subject to the same), and in particular shall, subject to the provisions of this Act as to adjustment between counties and county boroughs, be entitled to receive the like sums out of the Local Taxation Account, and be bound to make the like payments in substitution for local grants and the like grants in respect of the costs of the officers of unions and of district schools as in the case of a county council, so far as the circumstances make such payments applicable, and all the provisions of this Act (including those with respect to the forfeiture on the withholding by a Secretary of State of his certificate as respects the police of the county) shall accordingly, so far as circumstances admit, apply in the case of every such horough, with the necessary modifications, and in particular with the following modifications:
(a.) The county borough shall be substituted for the county, and borough fund shall be substituted for county fund, und town clork shall be substituted for clerk of the peace and clerk of the council:
(6.) A reference to two or more counties shall include a reference to county boroughs as well as countios.
(c.) Such powers, duties, and liabilities of the court of quarter sessions, or justices as in the case of a county are transferred to the county council shall be transforred to the council of the county borough, whether the same are vested in or attached to the court of quarter sessions or justices of the borough or of the county in which the borough is situate :
(d.) In the case of the duties collected by the Commissioners of Inland Revenue in respect of the licences for trade carts, locomotives, horses, mules, and horse dealers under any Act of the present session, those Commissioners shall certify the amount collected in each county in like manner as if the county included each county borough specified in the Third Schedule to this Act as deemed to be situate in that county, and the amount as so ascertained shall be divided between the said borovghs, and the residue of the said county in proportion to rateable value as fixed by the joint committee in pursuance of this Act, and until such value is fixed in proportion to rateable value according to the standard or basis for county contributions for the time being, and the share so ascertained shall be paid in like manner as if it had been collected in the county borough or in the residue of the county, as the case may be:
(e.) Any sum standing to the Exchequer contribution account of a county borough which remains after payment of the grant required to be made in respect of the costs of union officers shall be carried to the borough fund, or be applied in aid of such rate leviable over the whole of the borough as the council may determine, and the provisions respecting the payment of the same to the general county account of the county
fund, and the subsequent application and division thereof, shall not apply. (2.) On the appointed day there shall be transferred to the mayor, alder. men, and burgesses of each county borough all such bridges and approaches thereto, or parts thereof, situate within the borough as were previously repairable by the county or any hundred therein, and the costs of the council in repairing such bridges and approaches, or parts thereof, and in repairing any roads in the borough wbich by virtue of this Act or any Act applied by this Act are main roads, shall be payable out of the borough fund. (3.) The provisions of this Act with respect to
(a.) the constitution, election, proceedings, or position of the county council or the chairman thereof,
(b.) the county treasurer, county surveyor, and other county officers,
(c.) the stunding joint committee of the justices and the council, or
(f) the transfer to the council of powers relating to county and other rates, and the preparation or revision of the basis or standard for the
county rate; shall not apply to county boroughs, nor shall Part IV. of this Act relating to finance apply, save so far as is expressly provided in that Part.
(4.) Provided that where the district of any county coroner is wholly situate within a county borough, the coroner for that district shall be appointed by the council of that borough, and the writ for his election may be issued to that council instead of to the county council, and where the district of any county coroner is situate partly within and partly without a county borough, the writ for the election of such coroner shall be issued to the county council, but if there is a joint committee of the county and borough councils for the purpose, the question of the person to be elected shall be referred to that joint committee, and the county council shall appoint the person recommended by the majority of such committee.
(5.) If the council of a county borough so require, a joint committee shall from time to time be appointed for the purposes of coroners, consisting of buch number of members of the county and borough councils as may be agreed upon, or in default of agreement may be determined by a Secretary of State.
(6.) Nothing in this Act shall transfer to the council of any borough any power in relation to the division of the county into polling districts for the purpose of a parliamentary election for the county, the appointment of places of election for the county, the places of holding courts for the revision of the lists of voters, and the costs of, and other matters to be done for, the registration of parliamentary voters for the county.
(7.) The powers and duties of the county authority under the Allotments Acts, 1887, shall, as respects the borough, continue to be exercised and per. formed by the Local Government Board.
(8.) This Act and the Municipal Corporations Act, 1882, shall be construed 80 as to give effect to the provisions of this section,
35. In the case of a quarter sessions borough, not being one of the boroughs named in the Third Schedule to this Act, but containing, according to the census of one thousand eight hundred and eighty-one, a population of ten thousand or upwards, the following provisions shall, on and after the appointed day, apply:
(1.) Nothing in this Act shall transfer to the county council any power of the council
of the borough as local anthority under any Act, or (save as in this Act expressly mentioned) alter the powers, duties, and liabilities of the council of the borough under the Municipal Corporations Act, 1882, but subject to the above provisions and to the savings herein-after contained, the borough shall form part of the county for the purposes of this Act, and the parishes in the borough shall, subject to the exemptions herein-after mentioned, be liable to be assessed to county contributions in like manner as the rest of the county.
(2.) Where such borough is at the passing of this Act exempt, in whole or in part, from contributing towards costs incurred for any purpose for which the quarter sessions of the county in which the borough is situate are authorised to incur cost the parishes in the borough shall not, save as in this Act expressly mentioned, be assessed by the county council to county contributions in respect of costs incurred for any such purpose, nor in the case of a partial exemption, be so assessed for any larger sum than such as will give effect to that exemption, but this exemption shall not extend to any costs incurred for the purpose of any powers, duties, or liabilities of the justices of the borough, which will by virtue of this Act be exercised or discharged by the county council nor to any costs of or incidental to the assizes of the county.
(3.) Notwithstanding the last enactment the borough shall, for the purposes of the provisions of the Highways and Locomotives (Amendment) Act, 1878, respecting main roads, form part of the county, and the costs of maintaining, repairing, improving, enlarging, or otherwise dealing with ang main road in the borough shall be paid out of the county fund, and the payment of the costs incurred in the execution of the provisions of