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maintenance in some cases of bridges and certain roads. Even where they so maintain bridges and roads they have no organization for the purpose, but special rates are levied on them for that purpose, by the Quarter Sessions of the County, and these rates will continue to be so levied by the County Councils.
PROCEEDINGS OF THE FIRST COUNTY COUNCIL
In the foregoing chapter the general constitution of a County Council has been explained.
Leaving for the present the details of the proceedings prior to and at elections of Councillors, we propose to give a short account of the proceedings of the first County Council elected in each county, showing the steps that must be taken to bring the Council into working order, and also how the business which the County Council will have to transact will be transferred to them from the various bodies whom they succeed.
In order to make this clear, it will in certain cases be necessary to go shortly into the history of the legislation connected with the business transferred. The law connected with the various subjects, and the powers that the County Council will have, when fully constituted, will be found in Chapter V.
The first election of Councillors for each county will take place in January, 1889, not earlier than the 14th ; the day County being fixed in each case by the Returning Officer. The Councillors must hold their first meeting on the second Thursday next after the day of election. Before proceeding to transact any business cach Councillor must make the declaration accepting office required by the Municipal Corporations Act, 1882. This declaration a Councillor may make before any two other Councillors, who may act in administering it before they have made thcir own. The Councillors will not enter upon their ordinary duties until a subsequent period ;
First Election of
1 Local Government Act, 1888, sec. 103. As to Returning Officers, see p. 200. * See Municipal Corporations Act, 1882, Eighth Schedule ; post, p. 353.
but in the meantime they will, with the Aldermen and
Chairman they elect, act as a Provisional Council. Proceedings at
At their first meeting the Councillors must elect one of their Meeting of a
number to be Chairman of that and of the second meeting, and County Council. at the first meeting, or at some adjournment thereof, they
must proceed to the election of the first County Aldermen in the same
as if they were a fully constituted County Council.? Each Councillor, including the Chairman of the meeting, may vote for any number of persons not exceeding the number of Aldermen to be elected by signing and delivering, at the meeting, to the Chairman, a voting paper, containing the full names, places of abode, and descriptions of the persons for whom he votes. The Chairman of the meeting, as soon as the voting papers have been delivered to him, must openly produce and read them, or cause them to be read, and the persons, not exceeding in number the Aldermen to be elected, who have the greatest number of votes, must forthwith be declared by the Chairman to be elected. In the case of an equality of votes, the Chairman has a second or casting vote. One half of the County Aldermen so elected at that meeting will retire on the 7th November, 1891, and the remaining half on the 7th November, 1894. The half who are to retire in 1891 must be determined by the Councillors at the time of the election of the Aldermen. If the total number of Aldermen is not divisible by two, the larger half must retire in 1891.3 The County Aldermen so elected will be summoned to attend at the second and subsequent meetings of the Council, but before acting must make the declaration above mentioned, accepting office.
At the second meeting, or some adjournment thereof, the provisional Council must elect a permanent Chairman, who will also be Chairman of the County Council after the Council enters upon its ordinary duties, and will retire on the 7th November, 1889. The Provisional Council may also at any time appoint one of their members Vice-chairman ; the member of the Council so appointed will also be Vice-chairman
of the County Council when fully constituted." Business of The Provisional Council will conduct business in the Provisional Council same way as a fully constituted County Council. Their
acts may be signified under the hand of the Chairman
Election of permanent Chairman.
1 Local Government Act, 1888, sec. 105.
See post, p. 305. 3 Local Government Act, 1888, secs. 104, 105.
4 Ib., sec. 105.
and any two Councillors present at the meeting, and countersigned by the Officer acting as their Clerk. The Provisional Council will be entitled to the use of the buildings belonging to the Quarter Sessions of their County, provided that they do not interfere with the holding of any Court. They may also hire buildings for the transaction of their business. The Clerk of the Peace and his officers, and the officers of the Quarter Sessions, must, if required, act as officers of the Provisional Council, who may also appoint such interim officers as they may think necessary.
The Provisiona! Council will have the same powers of levying contributions for the purposes of their costs and for the future costs of the County Council, as if they were a fully constituted County Council.1
The Provisional Council must make the necessary arrangements for bringing the Local Government Act, 1888, into full operation, and the Quarter Sessions of every county and liberty must assist the Provisional Council in making the necessary arrangements.?
The Provisional Council will become a fully-constituted Appointed day. County Council on the “Appointed Day," and on that day must hold their first meeting as County Council, which meeting will be convened by the Chairman of the Provisional Council. The appointed day will in most cases be the ist April, 1889. The Local Government Board may, however, appoint any other day for any county, either earlier or later. On the appointed day, the business which the County Council will have to transact will be actually transferred to them; but the Local Government Board may fix another day for the transfer of any particular business, and the day so fixed is called the appointed day, in connection with that business. After the election of County Councillors for any county, the Local Government Board must not alter the appointed day, except on the application of the Provisional Council, or, after the general appointed day, of the County Council. 3
A County Council has power to appoint committees, and to Cemmittees join with other authorities in the appointment of joint committees. As a preparation for the actual transfer of business, it will be necessary for every Provisional Council to join with the Quarter Sessions of the county in the appointment of a “Standing Joint Committee,” for the purpose of taking over the management of the police, and other matters. This Committee
1 Local Government Act, 1888, sec. 106. ? ]b., sec. 106. 3 16., secs. 107, 109.
must consist of an equal number of Justices appointed by the Quarter Sessions, and of members of the County Council, appointed by the Council.1 In Yorkshire, Lincolnshire, Cambridgeshire, Northamptonshire, Suffolk and Sussex it will also be necessary for the Provisional Councils of the administrative counties, into which these entire counties are divided, to join in the appointment, in each case, of a Joint Committee to take over the management of certain affairs affecting the entire county.
Joint Committees thus appointed for Yorkshire and Lincolnshire will be called respectively the York and Lincoln County Committees, and will be bodies corporate with a common seal and perpetual succession.
It is proposed to deal with the transfer of each description of business separately and in order, but before doing so it will be necessary to recapitulate shortly some matters which we have already explained in Chapter I., with regard to the authorities from whom business will be transferred, and also to explain the general provisions of the Local Government Act, 1888,
with regard to the transfer. Local extent of Where the Quarter Sessions of a county have jurisdiction authority of a
in any administrative matter, the area over which their jurisCounty Council.
diction extends depends on the exact words of the statute conferring the jurisdiction. Where business is transferred from the Quarter Sessions of a county to the County Council, the area over which the County Council will have authority will, in most cases, not be identical with the area over which the jurisdiction of the Quarter Sessions of the county, with regard to that business, extended; but the area will be changed owing to the following provisions :
ist. Where the corresponding business in a liberty is transacted by the Quarter Sessions of that liberty the authority of the County Council of the county in which the liberty is situated will extend throughout the liberty: 3
2nd. Where the corresponding business in a county borough is transacted by the Justices either of the borough or of the county or liberty in which the borough is situated, that business will be, with certain exceptions, transferred to the Town Council of the borough.
3rd. Where the corresponding business in a borough other than a county borough is transacted by the Justices of the borough, that business will be transferred to the County Council. Business connected with pauper lunatic asylums,
? Local Government Act, 1888, sec. 64.
* See post, p. 109. 4 Ib., sec. 34.
3 st., sec. 48.