JS CORNELL UNIVERSITY LIBRARY Cornell University Library JS3134 .A3 1889 + The law relating to county councils : 3 1924 030 543 379 din Overs Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030543379 THE LAW EELATINQ TO COUNTY COUNCILS: BEINO THE LOCAL OOYERNMENT ACT, 1888^ COUNTY ELECTOES ACT, 1888, THE INCORPORATED CLAUSES OF THE MUNICIPAL CORPOEATIONS ACT, 1882, AND A WITH ANALYSIS OF STATUTES AFFECTING THE SAME, FINANCIAL STATEMENTS, ORDERS IN COUNCIL, CIRCULARS, AND A COPIOUS INDEX. >, /V" BY C. NORMAN BAZALGETTE, M.A. OF THE INNER TEMPLE, BAHEISTER-AT-LAW, AND GEOEGE HUMPHREYS, B.A. OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, Joint Authors of " The Law of Local and Municipal Government.''^ THIRD EDITION By GEORGE HUMPHREYS, B.A., OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW. LONDON : STEVENS AND SONS, LIMITED, 119, CHANCERY LANE. 1889 ® A- J03&X. CORN UNIVErlSiTY ^.LIBRARY > TO THE EIGHT HONOUEABLE W. H. SMITH, M.P., &c., &c., &c., THIS WORK IS (with his PEBMISSION) EESPEOirtTLLT DEDICATED TB.E ATITHORS. PREFACE TO THE THIED EDITION. A FUETHEE Edition having been called for, I have taken the opportunity of adding the Order of the Local Government Board of December 14th, 1888, imposing certain duties upon the mayors (or aldermen, as the case may be) and town clerks of boroughs, other than county boroughs, in certain cases at the ensuing elections for county councillors (see pp. 351, 352), and of making a few corrections in the body of the Work. a. H. 5, PiJMP OoTJBT, Temple, January 1st, 1889. Preface to the Second Edition, The First Edition of this work having been exhausted within a few weeks of its publication, I have been asked to prepare a Second. I have added several notes to the incorporated clauses of the Municipal Corporations Act, 1882, with a view of showing, as far as possible, exactly how those clauses are to be read as applied to County Councils. A few other notes have been inserted, and the Index has been revised and enlarged. I take this opportunity of thanking many members of the profession and others for their kindly commendation of the book and for not a few valuable suggestions. Q. H. ■3, Pump Ootjrt, Temple, November, 1888. Preface to the First Edition. The object of this work is to explain, in as popular a form as possible, the provisions of the Local Government (England and Wales) Act, 1888. This Act constitutes a new local authority called the County Council, but does not so much create new as transfer to the new authority existing jurisdiction up to the present exercised by other bodies. We have, with a view to condensing the work as much as possible, thought it best not to encumber it with a mass of Statutes, but to give references in the notes to the Acts them- selves, and also to our work on Local and Municipal Government published in 1885 ("Loc. and Mun. Gov."), which is now re-issued with Addenda bringing the Cases and legislation dovm. to the present time, where all the Acts, with Notes and Cases, will be found set out in fuU. These two Works contain together the whole subject of the Local Government of the country. With a view to rendering the Index as convenient and useful as possible, we have, under the headrags " County Electors Act, 1888 " and " Municipal Corporations Act, 188'^," respectively, given separate sub-indexes to each of these Acts. We desire to express our thanks to Mr. F. G. Eucker, Barrister-at-Law, for much valuable assistance. C. N. B. October, 1888. G. H. TABLE OF CONTENTS. PAGE Peefaoe to the Thibd Edition - - m Pbefaobs to the FmsT ajsb Second Editions - iy Inthodxtction - . _ XI LOCAL GOVEENMENT ACT, 1888 (51 & 52 Vict. c. 41) 1—161 Paet I. — County Councils. Constitution of County Council. Sect. 1. Establishment of county council - - - 1 2. Composition and election of council and position of chairman 2 Powers of County Council. 3. Transfer to county council of administrative business of quarter sessions - - - - 5 4. Transfer of certain powers under local Acts - - 12 5. Appointment of coroners by county council - 12 6. Power of council as to bridges - - . 13 7. Transfer to county councO. of certain powers of justices out of session - - - - 13 8. Eeservation of business to quarter sessions - 15 9. Powers as to police - - . 15 10. Transfer to county council of powers of certain Government departments and other authorities - - - 16 11. Entire maintenance of main roads by county council - IS 12. Eoads and tolls in Isle of Wight - - . 2I 13. Adaptation of Act to South Wales roads - 22 14. Power to county council to enforce provisions of 39 & 40 Vict. c. 75 - 23 15. Council to have power to oppose Bills in Parhament 24 16. Power of county council to make bye-laws - 25 17. Power of county councUs to appoint medical officer of health 26 18. Qualification of medical officers of health - - 26 19. Power of county council as to report of medical officer of health - - - - 27 Financial Relations between Exchequer and County, and Contribu- tions by County for Costs of Union Officers. 20. Payment to county council of proceeds of duties on local taxation licences - - - 28 21. Grant to county council of portion of probate duty - - 29 22. Distribution of probate duty grant - - 31 23. Application of duties on local taxation licences and probate duty grant - - - - - - 31 vi Table of Contents. Local Government Aot — continued. PAOE Sect. 24. Payments by county council in substitution for annual local grants out of Exchequer in aid of local rates - - 34 25. As to Secretary of State's power respecting efficiency of police 39 26. Grant by county councU towards costs of officers of union - 40 27. Supplemental provisions as to local taxation account and Excliec[uer contribution account - - - - 41 General Provisio-ns as to Transfer, 28. General provisions as to powers transferred to county council - - - - - - -42 29. Summary proceeding for determination of questions as to transfer of powers - - - - - - 42 30. Standing joint committee of quarter sessions and county council for tbe purpose of poKce, clerk of the peace, officers, &c. - - - 43 Part II. — Application op Act to Boroughs, the Metropolis, and certain Special OorNTiES. Application of Act to Boroughs. 31. Certain large borougbs named in tbe schedule to be county borougbs - - - - - 44 32. Adjustment c>f financial relations between counties and county boroughs - - - - - - 44 33. Provisions as to police and rateable value in county boroughs 47 34. Application of Act with modifications to county boroughs 48 35. Application of Act to larger quarter sessions boroughs not county counties - • 51 36. General application of Act to boroughs with separate com- mission of the peace - - 54 37. Application of Act to quarter sessions boroughs hereafter created - - - - - 54 38. Application of Act to smaller quarter sessions boroughs with population under 10,000 - - 55 39. Application of Act to aU boroughs with population under 10,000 ... ... 57 Application of Act to Metropolis. 40. Application of Act to Metropolis as county of London - 58 41. Position of City of London, and application of Highway Acts 61 42. Arrangements for paid chairman and sitting of quarter sessions for London - - 64 43. Grant by London county coimcil to poor law unions - - 66 44. Transfer of duties under 32 & 33 Vict. c. 67 of clerk of metropolitan asylum managers - - - 68 45. Adjustment of law as to slaughter-houses in the Metropolis - 68 Application of Act to Special Counties and to Liberties. 46. Application of Act to certain special counties - _ . 68 47. Saving for Manchester Assize Courts Act, 1858 - - 71 48. Merger of liberties in county - - . - - 71 49. Power to make Provisional Order for Scilly Islands 72 Table of Contents. vij Local Goteenment Act — continued. Past III. Boundaries. PAQE Sect. 50. Boundary of county for first election - - - - 73 51. Directions for constitution of electoral divisions - 75 52. Provisional order as respects borouglis and urban sanitary districts in same area - - . - - 76 53. Consideration of alterations of boundaries by county councils 76 54. Puture alterations of boundaries - - 77 55. Contents of provisional order amalgamating two county boroughs - - 78 56. Procedure for charter of new borough - - - 79 57. Puture alteration of county districts and parishes and wards, and future establishment of urban districts - - - 79 58. Additional power of Local Government Board as to unions - 81 59. Supplemental provisions as to alteration of areas 81 60. General provision as to alteration of boundaries - - 84 61. Appointment of Commissioners - - 84 62. Adjustment of property and liabilities - - - 87 63. Arbitration by Local Government Board - - - 88 Paet IV. — Finance. Property Funds and Costs of County Council. 64. Transfer of county property and liabilities - - 89 65. Power to acquire lands - - - - 91 66. Costs of justices to be payable out of county fund - - 91 67. Adjustment of law as respects costs ordered by quarter sessions or justices to be paid - 92 68. Punds of county council - - 92 69. Borrowing by county council - - - 94 70. Issue of county stock - - - - 96 71. Audit of accounts of county council - - 97 72. Adaptation of Part V. of 45 & 46 Yiot. c. 50 as to corporate property and liabilities - - - - 98 Local Financial Year and Annual Budget. 73. Fixing of local financial year and consequent adjustments - 98 74. Annual budget of county councils - - - - 99 Paet V. — S"dtplem:entai/. Application of Acts. 76. Application of 45 & 46 Vict. c. 50 to county councils and this Act - -100 76. Amendment of 51 & 52 Vict. c. 10 - - - - 106 77. Residential qualification of county electors in administrative county of London ------ 107 78. Construction of Acts referring to business transferred - 108 vili -Table of Contenfs. Local Goveenment Act — continued, Proceedinqs of Councils and Oommitteea. Sect. 79. Incorporation of county council - - - - 109 80. Payments out of fund and finance committee of county council - - " ~ --110 81. Appointment of joint committees - - - 111 82. Proceedings of committees - - - - - 112 Officers. 83. Clerk of the peace and of county council - - - 113 84. Appointment of the justices' clerks and clerks of committees 115 Eegulations for Bicycles, &c. 85. Eegulations for bicycles, &c. . - - - 116 Adaptation of Ada. 86. Adaptation of Lunatic Asylum Acts - - 117 87. Application of provisions of 38 & 39 Vict. c. 55, as to local inquiries and provisional orders - - - 119 88. Adaptation of Act to Metropolis - - - - 120 89. Adjustment of law as regards courts, juries, sittings, and legal proceedings in Middlesex and London - 120 90. Special provisions as to adjustment in the Metropolis - 121 91. Adjustment as regards the Militia Acts - - - 121 Savings. 92. Saving for votes at any parliamentary elections - 122 93. Saving for Metropolitan and City Police - - 122 94. Saving for metropolitan common poor fund - 123 95. Saving as to Middlesex, Surrey, and Kent - - 123 96. Saving for Middlesex Land Registry 123 97. Saving as to liability for main roads - - - - 123 98. Saving for powers of Commissioners of Inland Eevenue and Customs - - - - - - 123 Dejiniiions. 99. Definition of "written" - - - - 124 100. Interpretation of certain terms in the Act - - - 124 101. Extent of Act - - - - - - - 131 102. Short title - - - - - - 131 Past VI. — Teaitsitobt Pbovisions. First Election of County Councillors. 103. First election of county councillors . . _ 131 104. Eetirement of first county councillors - - - 133 105. Preliminary action of county councillors as provisional council ^ ----- _ 134 106. First proceedings of provisional councU - - 135 Tahle of Contents. ix Local Government Act — continued. :^ General Provision as to First Elections. Sect. lOY. Casual vacancies at first elections _ . _ 136 108. Power of Local Government Board to remedy defects- 137 IE Appointed Day. 109. Appointed day ----- 138 ji Transitional Proceedings. J 110. Current rates, jury lists, &o. - - - - 139 111. Transitory provisions as to lunatic asylums - 140 112. Transitory provisions as to Contagious Diseases (Animals) Acts - - - - . 140 Transitory Provisions as to Metropolis. 113. Transitory provision as to sheriifs of London and Middlesex 141 114. As to existing coroners lor Middlesex, Surrey, and Kent - 142 115. As to commission of the peace for London - - - 143 116. As to places for holding quarter sessions 144 117. As to existing justices in Metropolis - - - 145 Existing Officers. 118. Existing clerks of the peace and other officers ■ - 146 119. As to officers transferred to county councils - - - 150 120. Compensation to existing officers - - 151 2 Temporary Provision as to Orant from Exchequer. ° 121. Grant and application of part of probate duty and of horse B and wheel tax during the year ending 31st March, 1889 152 a Savings. 122. Saving for existing securities and discharge of debts - 156 B 123. Saving for existing byelaws - - - 157 124. Saving for pending actions, contracts, &c. - - 157 125. Saving for charters, local Acts, &c. - _ - 158 lil ;!l Repeals. 11 126. Eepealof Acts - - - - - 158 " Schedules - - - - 159 PAQB X Tahle of Contents. COUNTT ELEOTOES ACT, 1888 (51 Vict. c. 10) - - ]^^~^^^ Sect. 1. Short title and construction - " " ' 2. Extension of burgess franchise to county electors outside municipal boroughs 3. Occupation of land of the value of lOZ. to qualify - 164 4. Eegistration of county electors ' ". ' ^^^ 5. Making out of lists and registers in Metropolis - - - 168 6. Eeyision of electoral lists - - - - - 169 Y. EoU of county electors - - - - 170 8. Expenses _ _ - - - 171 9. Eemuneration of revising barristers and contribution by county authorities - - - IVl 10. Perpetuation of 49 & 50 Viot. c. 42. Eepeal of 6 & 7 Vict. c. 18, s. 59 - - 172 11. AppUoation of provisions of Act respecting county fund - 173 12. Separate list of persons residing within fifteen miles of county 173 13. Precepts by clerk of the peace - - - - 174 14. Definitions ... - 174 15. Transitory provisions as to the year 1888 - 175 SCHEDTJLB - - - - - 176 APPENDIX. MUNICIPAL COEPOEATIONS ACT, 1882 : Sections 8—260 - _ . . . 177—251 Schedules II., III. (Parts n. and HI.), VHI. - 253—260 EiNAis'ciAL Statement of the Local Goyeenment BoAim 261 — 290 Oedee in Councii, made tjnuee Sectioh" 13 OE the Cotottt Electoes Act, 1888, providing for alteration of Forms in the Second and Third Schedules of the Eegistration Act, 1885 291 — 319 Analysis of vaeious Acts defining the Powees, Duties, and Liabilities of the Meteopolitan Boaed of Woeks 320 — 342 CiECTJLAE of Local Goyeenment Boaed addeessed to Quaetee Sessions - - . _ _ . 343—348 OiEcuLAE of Local Goyeenment Boaed addeessed to To"wir Councils - - - . _ 349—351 Oedee of Local Goyeenment Boajrd as to oeetain peoceedings in BoEOUGHS, OTHEE THAU" CoUNTT BoEOUGHS, AT FlEST Election of County Councilloes - - 351, 352 Numbee of Councilloes foe each County Council - _ . 353 INDEX 357 INTRODUCTION The scope and p-urpose of the Local Groyernment Act, 1888, may be stated in a few words. Tlie Act has, for the purposes of local goTcrnment in England and Wales, to which alone it applies, created an entirely new elected body, called the " county council," to which is entrusted the management of the administrative and financial business of the county. The Act has accordingly transferred to the county council (1) the administrative (as distinguished from judicial) business of quarter sessions (reserving only to the latter certain powers as to the county police, which is to be controlled by a joint committee of the quarter sessions and county council) ; the powers of justices out of sessions in reference to the licensiug of places for stage plays and the execution of the Explosives Act, 1875 ; the entire maintenance of the main roads of the county ; the enforcing within the county of the Rivers Pollution Prevention Act, 1876 ; and (2) such powers of the Local Grovernment Board and other State departments, and of commissioners of sewers, conservators, &c., as may be determined from time to time by Provisional Orders of the Local Grovernment Board. Thus efiect has been given to two great political principles, viz., representation and decen- tralization. To the local elected county councils have been transferred at once the administrative powers of State- appointed justices and of central State departments. The Act consists of six parts — Part I (sects. 1 — 30) deals with the County Councils, their constitution and powers, and their financial relations with the Exchequer; Part 11. (ss.. 31—49) with the Application of the Act to Boroughs, xii Introduction. THE Metropolis anb Certain Special Counties ; Part III. (sects. 50 — 63) with Boundaries, and Part IV. (sects. 64 — 74) with Finance ; Part V. (sects. 75 — 102) is Supplemental ; and Part VI. contains certain Transitory Provisions for the purpose of the initial working of the Act. Previously to the passing of the Local Government Act, 1888, was passed the County Electors Act, 1888, which provided for the qualification and registration of the electors by whom the members of the county councils are to he elected. Though for the purpose of making timely preparations for proposed elections it was found necessary to pass the latter enactment separately, the two Acts form in fact one measure, and are here printed together. It is proposed to give a brief outline of the various provisions of the two Acts, the Local Grovernment Act, 1888, being throughout referred to as " the Act." The Constitution of the County Council. The county for which the new county council is to be elected, and over which it has authority, is the county as bounded for the purpose of the election of members of Parlia- ment at the date of the passing of the Act, except that where an urban sanitary district is situate partly within and partly without the boundary of the county, such district is to be deemed to be within the county which contains the largest portion of the population of the district (sect. 50). The Act makes provision for the alteration of and settlement of differences as to boundaries. Besides the ordinary counties the Act creates certain special counties. These are — (1) the metropolis, which is named the administrative county of London (sect. 40) ; (2) certain large boroughs named in the Third Schedule to the Act, which were either counties of themselves or had a population of not less than fifty thousand (sect. 31) ; and (3) the ridings of Yorkshire, the divisions of Lincolnshire, the eastern and western divisions of Sussex, the Isle of Ely, and the soke of Peterborough (sects. 46—49). The SciUy Islands are not to Introduction. xm be included in any electoral division of the county of Corn- wall, and power is given by tbe Act for the making of a Provisional Order with reference to these islands. The new county council, which is to be a body corporate by the name oi the county council (with the addition of the name of the county), having perpetual succession and a com- mon seal (sect. 79), is to consist of a chairman, county aldermen and county councillors, corresponding to the mayor, aldermen and councillors in a municipal borough divided into wards. (Sects. 1, 2.) The qualification of a councillor is to be the same as that of a councillor of a borough under the Municipal I Corporations Act, 1882 (see sects. 11 and 12 of this Act in the Appendix, post), but with this difierence, that a person who is a peer owning property in the county, or who is registered as a parliamentary voter in respect of the ownership of property of whatsoever tenure situate in the county, shall be qualified to be a councillor, and that clerks in holy orders and other ministers of religion shall not be disqualified. The county councillors are to be elected i for a term of three years, after which they retire together and I their places are filled by a new election. The number of / councillors for each county is fixed by the Local Government Board. (See the Orders of the Local Grovernment Board in the Appendix, p. 353.) For the purpose of the election of councillors each county is to be divided into electoral divisions, and each division is to return one councHlor. Every borough returning one county councillor forms an electoral division. Where a borough returns more than one councilor, the electoral divisions of the borough for that pur- pose are to be fixed by the council of the borough. The electoral divisions in the rest of the county beyond the boroughs re- turning councillors are to be determined by the quarter sessions of the county (s. 3 (3)). The apportionment of the councillors for a county between the boroughs and the county at large are fixed by the Local Government Board. (See the Orders of the Local Government Board in the Appendix, p. 353.) XIV Introduction. The electors for the purpose of the election of county coun- cillors are, in the boroughs of the county, the burgesses en- rolled in pursuance of the Municipal Corporations Act, 1882 (see sect. 9 of this Act in the Appendix, post), and, in the rest of the county, all persons registered as county electors under the County Electors Act, 1888, for which purpose the burgess qualification is extended to aU parts of the county outside the boroughs. The latter Act, by sect. 2, in addition to the ordinary burgess qualification under sect. 9 of the Muni- cipal Corporations Act, 1882, creates a new qualification, namely, the right to be registered as a voter in respect of a 10^. occupation qualification within the meaning of the Registration Act, 1885. The county aldermen are to be elected by the county coun- 1 oillors. The qualification of an alderman is the same as that \ of a councillor. The number of county aldermen is one j third of the number of county councillors (except in the ' administrative county of London, where it is not to exceed one-sixth), their term of office is six years, and every third ■ year half their number retire and their places are fiUed by election, in the same manner as aldermen of boroughs under the Municipal Corporations Act, 1882 (except that the alder- men as such do not vote) (see s. 14 of this Act and s. 2 (2) (c) of Local Government K(A,,post, pp. 2, 181). The chairman of the county council is to be a fit person elected by the county council from among the county alder- men or county councillors or persons qualified to be such, in the same manner as the mayor of a borough imder the Muni- cipal Corporations Act, 1882 (see sect. 15 of this Act in the Appendix, post). The term of office of the chairman is one year, and he is, by virtue of his office, a justice of the peace for the county. Powers of County Council. The powers conferred by the Act upon the county council may in general terms be said to fall under the five following Introduction. xy heads: namely, (1) powers formerly possessed by quarter sessions and justices out of sessions; (2) powers heretofore exercised ty the Local Grovernment Board, certain Grovern- ment departments, and other hodies; (3) in reference to main roads ; (4) under the Eivers Pollution Prevention Act, 1876 ; and (5) the appointment of coroners and other officers. These various matters are dealt with in sects. 3 — 19 of the Act. (1.) By far the most numerous, if not the most important, of the powers of the county council are given by sect. 3 of the Act, which transfers to this new body the administrative busi- ness formerly transacted by the justices of the county in quarter sessions assembled, and at the same time specifies what matters are included in the expression " administrative business." Accordingly it will be found that all busiuess done by the quarter sessions or any committee thereof in respect of the making, assessing, levying, and the application and expenditure, of the county, police, hundred or other rates, and the borrowing of money, is now transferred to the county council, by whom also the basis or standard for the county rate is to be prepared and revised. So, too, all business in respect of county buildings, such as the shire and county halls, police stations, assize courts, justices' rooms, &c., &c., is henceforward to be transacted by the county council, subject only to such use of these buildings by the quarter sessions or justices out of sessions as shall be determined by a joint com- mittee, to be appointed, of the county council and quarter sessions. Further, to the county council now belongs aU business formerly transacted by quarter sessions ia respect of bridges, and roads repairable with bridges, or vested in the county authority by the Highways and Locomotives Act, 1878. Besides these powers as to bridges, the council are expressly empowered to purchase or take over existing bridges, not being at present county bridges, and to erect new bridges, and to maintain, &c. all bridges so purchased, taken over, or erected. (Sect. 6.) Another very important duty given to the new county council is the business of pro- xvi Introduction. Tiding, maintaining, managing, and visiting pauper lunatic asylums, and for the purpose of adapting the Taxious Acts relating to suoh asylums to the provisions of this Act, special provisions are made by sect. 86, to which it must here suffice merely to refer. The business, also, of providing, main- taining, and contributing to reformatory and industrial schools is now transferred to the county council. The appointment, removal, and determination of the salaries of the county treasurer, county surveyor, public analysts, officers under the Explosives Act, 1875, and any officer whose remuneration is paid out of the county rate (except the clerk of the peace and the clerks of the justices), are also now vested ia the county council; and to the county council belong now the duties of passing the accounts of and the discharge of the county treasurer, and determining the table of fees and costs to be taken by and allowed to any inspector, analyst, or person holding any office in the county. The county council now take the place of the quarter sessions as the authority for the licensing of houses or places for music or dancing ; for grant- ing licenses under the Eace Courses Licensing Act, 1879 ; for the registration of the rules of scientific societies and the registration of charitable gifts ; for the certifying and record- ing of places of religious worship under 62 Greo. III. c. 165, and for the confirmation and record of the rules of loan societies under 3 & 4 Yict. c. 110. AH business heretofore done by the quarter sessions in respect of the division of the county into poUing districts for the purposes of parliamentary elections, the appointment of places of election and for the holding of revision Courts, and in respect of the costs and other matters connected vrith the registration of parliamen- tary voters, and also as to the division of the county into coroners' districts, and the assignment of such districts, and in respect of the salary of, and the fees, allowances and dis- bursements to be paid by, any coroner, whose salary is pay- able out of the county rate, is henceforward to be transacted by the county council. Further, the county council are now constituted the local authority for the execution of the Acts Infroduetion. xvii relating to contagious diseases of animals, destructive insects, fish conservancy, wild tirds, weigMs and measures, and gas meters, and the Local Stamp Act, 1869. They are also now, in lieu of the justices, the authority for the licensing of places for the performance of stage plays and for the execu- tion of the Explosives Act, 1875. To the county council is, also, transferred all husiness in relation to any matters arising under the Riot (Damages) Act, 1886. It may be convenient to state here that the Act (sect. 8) expressly reserves to quarter sessions (1) all business in rela- tion to appeals against the basis or standard for the county rate, or against that or any other rate ; and (2) all business not transferred by this Act. With reference to perhaps the most important item of the administrative business of the justices in quarter sessions as- sembled, namely, the control of the county poHce, a compromise has been effected between the rival claims of the quarter ses- sions and the comity councils, and it is accordingly provided by sect. 9 of the Act that the powers, duties, and liabilities formerly vested in or attaching to the quarter sessions shall in the future " vest in and attach to the quarter sessions and county council jointly," and shall be exercised and discharged through a standing joint committee of the two bodies. The joint committee is, by sect. 30, to consist of an equal number of justices and members of the county council appointed by these bodies respectively, the exact numbers being matter of arrangement from time to time between the quarter sessions and the council, or in default of arrangement by a Secretary of State. The joint committee is to elect a chairman. It is, however, provided that the powers conferred by sect. 7 of the County and Borough Police Act, 1856 (19 & 20 Yict. c. 69), which requires constables to perform, in addition to their ordinary duties, aU such duties connected with the police as the quarter sessions may direct or require, shall continue to be exercised by the quarter sessions, and may also be exer- cised both by the county council and by the joint committee. As originally drafted, the Act reserved to the quarter sessions B. ^ XVlll Introduction. the appointment, control, and dismissal of the chief constables, hut this reservation was struck out in Committee of the House of Commons, and the control of the whole of the county police is now vested in the joint committee, as above stated. (2.) As the Act originally stood certain powers, &o. of the Local Grovemment Board and other departments were speci- fied in a schedule, and transferred to the new body. Now, however, it will be found that a large and sweeping power is given to the Local Grovernment Board of conferring by Pro- visional Order upon the county council duties of an adminis- trative and local character. For by sect. 8 of the Act the Local Grovemment Board are empowered by Provisional Order to transfer to the county council (with such exceptions and modifications as appear expedient) any powers of an adminis- trative character and relating to matters arising within the county, which are by any statute conferred upon the Privy Council, a Secretary of State, the Board of Trade, the Local Grovernment Board, or the Education Department, or any other Grovernment department, or any commissioners of sewers, conservators, or other public body, other than a muni- cipal corporation, an urban or rural sanitary authority, a school board, or a board of guardians. Before any order under this section is made the draft of the order must be ap- proved by the body whose powers, &c. are thereby trans- ferred, and the order must be confirmed by Parliament. Powers, &c. which relate to several counties may be trans- ferred to the coimcils of those counties jointly, and may be exercised or discharged by a joint committee of the councils. The county council have power by provisional order to authorize the compulsory purchase of land under the Allot- ments Act, 1887 (50 & 51 Yict. c. 48), ss. 3, 16. (3.) Next, perhaps, in importance to the police of the county is the maintenance of its roads, and in this matter very large powers and duties are transferred to the council. This subject is dealt with by sect. 11 of the Act (special pro- visions being made as to the Isle of "Wight by sect. 12, and as to South "Wales by sect. 13) . It is by sect. 11 provided that for the future the county council shall be responsible for the Introduction. xix entire maintenance, improvement of, and other dealing with the main roads of the county, as well as of its bridges, charg- ing the costs to the general county account. But the county council may require any highway authority to undertake these duties -in respect of any main road within their district, in consideration of an annual payment to be agreed upon or settled by arbitration ; and, on the other hand, any urban authority may claim to retaia these duties in respect of any main road within its district, in the same way as if it were an ordinary road vested ia them, and in that event the county council are to pay to the urban authority an annual contribu- tion to be agreed upon or determined by the Local Grovem- ment Board after inquiry. Where, however, any part of a main road imdertaken to be repaired by a highway authority is out of repair, the county council may give notice requiring the road to be placed in proper repair, and if this is not com- plied with may themselves do the repairs, and the expenses shaR be a debt from the highway authority to the county council. The county council are specially empowered to contribute to the costs of the maintenance and improvement of any highway or public foot-path in the county, though not a main road. It is provided that for the purpose of executing these enact- ments as to main roads and bridges, the Acts relating to these matters shall apply. Where a highway authority order a road to become a main road, the order is not to take effect until the road has been put in proper condition to the satisfaction of the council. Sect. 20 of the Highways and Locomotives (Amendment) Act, 1878, is, however, by the Act specially applied, so that in a county where some of the bridges are repairable by the hundreds within the county, a part of a main road may be declared to be repairable by a hundred, and the expense raised in the same way as the expense of repairing the hundred bridges. (4.) The complaint has not infrequentiy been made that b2 XX Introduction. the Eivers Pollution Prevention Act, 1876, has hitherto to aU intents and purposes remained a dead letter. The county council are now, in addition to any other authority, em- powered to enforce the provisions of that Act, or to contri- hute to the costs of any prosecution under the Act, whether by another council or by any urban or rural sanitary autho- rity. Some attempt, therefore, to give life to the provisions of this stringent enactment may be looked for in the future. (5.) By sect. 5 of the Act the appointment of coroners is for the future vested in the county council, subject to the provisions of that section ; but it is enacted that the coroner shall not be qualified to be elected a county alderman or county councillor of the county of which he is coroner. The council have, by sect. 15 of the Act, the same powers of opposing Bills in Parliament, and of prosecuting and de- fending legal proceedings necessary for the promotion and protection of the iaterests of the iahabitants of the county, as the council of a municipal borough have under the Borough Funds Act. But the London county council, as successors of the Metropolitan Board of Works (sect. 40 (8)), wiU possess such powers of promoting BiRs in Parliament as belonged to the latter body. The Act gives to the council a general power to make bye- laws for the county, or any part thereof, for the good rule and government of the county, and for the prevention and suppression of nuisances not already punishable in a sum- mary manner, but it is provided that these bye-laws are not to take effect within any borough ^sect. 16). Special power to make bye -laws for regulating the use of bicycles, tricycles, velocipedes, &c., is given by sect. 85. Lastly, the Act generally provides that all duties and liabilities of the iahabitants of the county shall become and be duties and liabilities of the council of the comity. Officers of the County Council. It has already been stated that the county council has now, under sect. 3 (x), the power to appoint, remove and deter- Introduction. xxi mine tlie salaries of tlie county treasurer, county surveyor, public analysts, officers under the Explosives Acts, and any officers (other than the clerk of the peace and the clerks of the justices) whose remuneration is paid out of the county rate. In addition to this the council has also the power (sect. 17) of appointing a medical officer or officers of health, who must he qualified in the manner prescribed by sect. 18 of the Act. (See sects. 17 — 19.) Subject to the provisions of the Act as to existing officers (sects. 118 — 120), the clerk of the peace of the county is to be the clerk of the county council, and he is to be appointed by the joiat committee of the county council and the quarter sessions, by whom also he may be removed (sect. 83) . The j oint committee may appoint also a deputy clerk (sect. 83 (4)). Special provisions in reference to these matters are, by sub- sects. (7), (S), (9), and (10), made with regard to Sussex, Suffolk, Yorkshire, Lincokishire, &c. As to the metropolis, the clerk of the peace of the county of London is to be a separate officer from the clerk of the council of the admini- strative county of London (sect. 83 (11) ), and a deputy clerk may be appointed by the latter body (sect. 83 (11) (b) ), The officers of the Metropolitan Board of Works are to be- come the officers of the London county council (sect. 118 (14)). As to the salaried clerks of petty sessional divisions, they are to be appointed and removed as heretofore (s. 84), and their salaries are to be paid as directed by sect. 84 (2). By sect. 119 it is provided that officers who by virtue of the Act are transferred to the county council, and the chief and other constables of any police force, &o., shall hold their offices by the same tenure, and be entitled to the same pen- sion as if the Act had not passed. Compensation is to be made to existiag officers (defined by sect. 118 (2)) whose office maybe abolished by the county council. It must be added, that no paid clerk or paid official in the permanent employment of a county council, who is required xxii Introduction, to devote Ms whole time to such employment, is eHgitle to serve in Parliament. Financial relations between Exchequer and County, and Contribution by County for Costs of Union Officers. There are, it has long been acknowledged, a variety of matters — ^notably police and main roads — which, though at first sight they appear to be purely local, are yet in truth to a greater or less extent matters of imperial concern, the burden of which, therefore, should at least be shared by the country at large, and not thrown wholly upon the shoulders of the local taxpayer. The system hitherto employed of meeting this difficulty, and affording relief out of imperial taxation to the local taxpayer, has been by means of grants from the impe- rial exchequer in aid of local rates. But complaints as to the inconvenience and inadequacy of these grants have long been rife, and, accordingly, it will be foimd that upon the question of the financial relations between the Exchequer and the local authority, a large reform has been introduced, and not only have new means of relieving local taxation been devised, but the measure of relief has at the same time been substantially augmented. The provisions of the Act upon this subject are contained in sects. 20 — 27 ; but in order to gain an idea of the practical result of these provisions as a matter of figures, it will be necessary to refer to the financial statement issued by the Local Government Board, which wHL be found printed in the Appendix. A general statement of the provisions of the Act and their effect must here suffice. Hitherto grants in aid of local taxation, amounting alto- gether to upwards of two and a half millions, have been made in respect of police, distumpiked and main roads, pauper lunatics, criminal prosecutions, poor law medical officers, medical officers of health and inspectors of nuisances, teachers in poor law schools, registrars of births and deaths, grants to school boards, and awards to public vaccinators. These grants in aid of local taxation (or local grants) are Introduction. xxiii henceforward to cease, and in lieu thereof there are trans- ferred to the county councils throughout the country the proceeds of the duties on certain licences and of a portion of the probate duty, estimated to amount altogether to upwards of five and a half millions. The licences — the duties on which are thus transferred — are termed in the Act local taxa- tion licences. They will he found set out in the First Sche- dule to the Act. They are — (a) Licences for the sale of intoxieatuig liquors — i.e. (1) Licences for sale for consumption on the premises — namely, retailers of spirits (publicans), beer and wine, and occasional licences for these, retailers of beer and wine, cider, and sweets ; and (2) Licences for sale by retail by persons not licensed to deal in intoxicating liquors for consumption off the premises, namely, retailers of beer, wine, beer and wine, table beer, cider, and sweets. (b) Licences to deal in game. (c) Licences for dealers in beer, spirits, sweets, wiae, tobacco, horse and plate dealers, refreshment-house keepers, carriages, trade carts, locomotives, horses and mules, armorial bearings, male servants, hawkers, house agents, pawnbrokers, auctioneers, appraisers, dogs, killing game, and guns. The proceeds of these licences are to be paid by the Commissioners of Inland Revenue into the Bank of England to an account to be called the Local Taxation Account, and the amount certified by the commissioners to be collected in each county is to be paid out to the council of the county. It is provided that the power of levying the above duties may hereafter, upon the recommendation of the Treasury, be transferred by Order in OouncU to the council itself of each county, who for that purpose are, generally speaking, to have aU the powers of the Commissioners of Inland Revenue. Besides the local taxa- tion licences, there is to be paid, as already stated, to the county council by the Commissioners of Inland Revenue a portion of the probate duties, namely, " four fifth parts of one- third of the proceeds of the sums collected by them " in respect of those duties. This is called the Probate Duty Grant. xxiv Introduction. This grant is to be distributed among tlie several counties in proportion to the share which the Local Government Board certify to have previously been received by each county out of the grants in aid of local taxation. The six counties of South Wales and the Isle of Wight are to receive also a sum in respect of the maintenance of the roads in those places. The application by the county council of the sums received by them out of the local taxation licences and the probate duty grant is dealt with by sects. 23 and 24 of the Act. These sections provide that all such sums are to be paid to the county fund to an account to be called the Exchequer Contribution Account, and are to be applied as follows and in the f oUowing order : — (1.) In paying the costs incurred in respect of, or charge- able on, the Exchequer Contribution Account. (2.) In making payments in substitution for the grants heretofore made in aid of local taxation, namely, in respect of police, maintenance of pauper lunatics, teachers in poor law schools, public vaccraators, medical officers of health, &c. These payments, and the authorities or funds to which they are to be paid, are specified by sect. 24, sub-sect. (2). (3.) In payment of an annual sum for the costs of the officers of every poor law imion wholly or partly in their county. (See sect. 26.) This does not apply to the London County Council. (4.) In repaying to the general county account of the county fund the costs on account of general county purposes, for which the whole of the area of the county is liable to be assessed to county contributions. If any surplus remains, such proportion of the surplus as the total rateable value of the area of each quarter sessions borough exempt from contributing to any special county purpose bears to the rateable value of the whole county, shall be paid to the council of the borough, and the remainder shall be applied — (1) towards repaying to the proper special accounts of the county fund the costs on account of which the area of the county, exclusive of such quarter sessions Introduction. XXV boroughs, is liable to be assessed to county contributions; and (2) in paying to the council of each borough not being one of the quarter sessions boroughs before mentioned, or the sanitary authority of each town maintaining a separate police force, or the sanitary authority of any part of the county situate within the Metropolitan Police District, such propor- tion as the total rateable value of the area of the borough or town bears to the rateable value of the whole county, after deducting the rateable value of the quarter sessions boroughs. If after these payments there be any excess beyond what the county council consider necessary to carry forward to the next account, it shall be divided among the urban or rural sanitary authorities (not being boroughs to which a payment has already been made) in proportion to the rateable value of the area of each district. Provision is made by sect. 25 for the forfeiture of the con- tributions to the maintenance of the county or borough police, as the case may be, in the event of a secretary of state withholding his certificate as to their efficiency. Finance. Having now explained how the county council is constituted, and what are its powers and duties, it remains to state briefly the resources (in addition to the local taxation licences and probate duty grant, which have been already dealt with) from which the expenditure of the new bodies is to be met, and generally the provisions of the Act with reference to their finances. These provisions will be found in Part IV. (sects. 64—74) of the Act. In the first place, aU the property of the quarter sessions of the county, or held on their behalf for any public uses and purposes of the county (with the exception of the records and private pictures of the quarter sessions, and any property belonging to a charity), is to vest in and to be held in trust for the county council, who are at the same time made liable for. all debts and liabilities of the quarter sessions, &c., incurred XXVI Introduction. for county purposes. This applies, with the necessary modi- fications, to the councils of the administratiTe counties of Sussex and Suffolk, the ridiags and divisions of York and Lincoln, and the soke of Peterhorough. In the next place, power is hy sect. 68 given to the county councils to levy (1) county contributions, to he assessed on all the parishes of the county ; and (2) county contributions, to he assessed on particular parishes only. These contributions are to he carried to the county fund, out of which all pay- ments are to be made. The account to which the contri- butions from all the parishes are to be carried is called the general county account; that to which the contributions from particular parishes are to be carried is called the special county account. Out of the general county account the general expenses, that is, the expenses for general county purposes, are met; the special county account meets the costs for special county purposes, that is, any purposes from contribution to which any portion of the county is exempt, or where the expenditure is restricted to a hundred, division, or limited part of the county. In determining the amount of expendi- ture for any county. purpose, general or special, a proper pro- portion of the cost of the officers, buildings, &c., of the county council may be taken iato account (sect. 68 (8) ). CoTmty contributions may be retrospective, so as to meet costs in- curred or become payable within six months before the demand of the contributions. Lastly, the council are, by sect. 69, empowered to borrow, but with the consent of the Local Grovemment Board only, for the purpose of consolidating the debts of the county, pur- chasing lands, erecting buildings, effecting permanent works, for " making advances in aid of the emigration or colonisa- tion of inhabitants of the county, with a guarantee for re- payment from any local authority in the county, or the government of any colony," &c. These loans may be raised by the issue of county stock (sects. 69 (8) and 70), or by debentures or annuity certificates under the Local Loans Act, 1875, or, if there be special reasons, by mortgage ; but Introduction. xxvii all loans must be repaid within a period not exceeding thirty years. Power to purchase lands is expressly giren to the council by sect. 65. The costs of justices in quarter sessions or out of sessions are, by sect. 66, to be paid out of the county fund. A finance committee, for regulating and controlling the finance of the county, must from time to time be appointed by every coimty eouneiL (sect. 80) . An annual audit of the accounts of the county council is directed by sect. 71 ; and sect. 74 provides for an annual esti- mate of receipts and expenses, or budget, being submitted to the council at the beginning of every local financial year, which is to be changed within the next three years from the twelve months ending the 25th to the twelve months ending the 31st of March. All payments to and out of the county fund are to be made to and by the county treasurer. Unless made in pursuance of the requirements of an Act of Parliament or of an order of a competent Court, all payments out of the fund are to be made upon an order of the council, signed by three members of the finance committee, and countersigned by the clerk of the council, and must comply with the requirements of sect. 80. Application of Act to the Metropolis. As has been already stated, the Metropolis is, for the pur- poses of the Act, created a county, by the name of " The administrative county of London." The Act, however, by sects. 40 — 45 (see also sects. 88, 91, 93 — 96), makes certain special provisions with regard to the Metropolis and the City of London, which demand some further notice. In the case of the ordinary county the administrative business is to be transacted by the county council, and the non-administrative business by the justices of the county. In the case of the Metropolis, however, while the administrative business of the XXVlll Introduction. Metropolis (including therein the City of London) is to he transacted by the London county council, for non- adminis- trative purposes there are to he, for the present, at least, two counties — (1) the county of London, which consists of those parts of the Metropolis at present situated in the counties of Middlesex, Surrey, and Kent; and (2) the county of the City of London. The county of London is a thing entirely new, and her Majesty is by the Act authorized to appoint a sheriff of, and grant a commission of the peace and court of quarter sessions to, that county; and if the London county council petition her Majesty, her Majesty may appoint a paid chairman or deputy chairman of these quarter sessions. The enactments as to the times for holding Middlesex Sessions and the appointment of paid assistant judge, &c. of those sessions, are to cease. The Central Criminal Court Act is to apply to the county of London as if it were therein mentioned, as weU as the county of Middlesex, and the County Juries Acts are also to apply. As regards the county of the City of London, until the mayor, commonalty, and citizens assent to the new quarter sessions of the county of London having jurisdiction in the City of London, the latter shall remain for non-admi- nistrative purposes a separate county, and shall have (through the common council) such powers, duties and liabilities, as if the city were a quarter sessions borough with a population not exceeding ten thousand. The sheriffs of the City of London shall not have any authority, except in the city. The quarter sessions for the county of London are substituted for the general assessment sessions under the Valuation (Metropolis) Act, 1869, but upon the hearing of appeals in relation to property in the City of London, two members of the court of quarter sessions of the city shall be entitled to sit as members of the Court. The powers, duties, and liabilities of the Metropolitan Board of "Works, which is to cease to exist, are to be trans- ferred, together with the officers of the Board (see ante, p. xxi.), to the London county council, but the property. Introduction. xxix debts or Kabilities of Kent, Surrey, and Middlesex, are trans- ferred only acoording to the proportion which so mnoh of these counties as is situated within the Metropolis bears to so much as is situated out of the Metropolis. (Sect. 40, sub- sect. (7), and sect. 90.) Special provisions are made by sect. 41, so as to allow the provisions of the Act as to main roads to be applied to the Metropolis. The parishes of the City of London are not to be assessed to county contributions in respect of costs incurred by the county council for any purposes for which the common council were previously not liable to contribute ; but the costs of assizes and sessions are to be a general county purpose, for which those parishes are to be assessed to county contribu- tions. (Sect. 41, sub-sects. (3), (5).) As to the constitution of the county council, the number of councillors is to be 118, that is, double the number of members of parliament for the metropolitan boroughs, and the number of aldermen is not to exceed one-sixth of the county councillors (sect. 40, sub-sects. (4), (6)) ; but the county councillors for the city are not to act or vote in respect of any question regarding matters involving expenditure on account of which the parishes in the city are not liable to be assessed to county contributions. The Act specially provides for the appointment and remuneration of a deputy chairman, who is to hold office during the term of office of the chairman. As to the qualification of the electors for the London county council, it is the same as that of the electors for the other county councils, except that as regards residence it will be sufiioient if, being qualified in other respects, they reside within fifteen miles of the new administrative county. The future appointment of the recorder (if he is to exercise judicial functions), common serjeant, and judge of the City of London Court, is vested in the Crown. The Militia Acts apply to the whole of the new county of London in the same manner as they apply to any county at large, and. her Majesty is to appoint a lieutenant of the XXX Introduction. county of London; as regards these matters the City of London continues to be a separate county. (Sect. 91.) Application of the Act to Boroughs. It has abeady heen stated that a number of boroughs are by sect. 31 created counties in themselves. For the purpose of applying the provisions of the Act to these cases, special provisions are made by sect. 34, into which it is unnecessary to enter in detail. As to the adjustment of the financial relations, particularly respecting the distribution of the local taxation licences, and the probate duty grant, between the counties and these county boroughs, provision is made by sect. 32 for an equitable settlement of all questions, in the event of disagreement, by the commissioners appointed under sect. 61, and for readjustment, if necessary, every, five years. The creation of these new county boroughs is not, however, to prevent the continuance of one police force for any county and county borough ; and for the purpose of calculating any contributions or payments, the rateable value of the county and county borough is to be fixed by a joint committee, and in case of disagreement by the Local Government Board. (Sect. 33.) As to the application of the Act to other boroughs, it must here suffice to say that this matter is dealt with — as to the larger quarter sessions boroughs, by sect. 35 ; as to boroughs with a separate commission of the peace, by sect. 36 ; as to future quarter sessions boroughs, by sect. 37 ; as to quarter sessions boroughs with a less population than 10,000, by sect. 38 ; and as to boroughs generally with a less popula- tion than 10,000, by sect. 39. Supplemental and Transitory Provisions. The supplemental provisions are contained in Part V. of the Act (sects. 75 — 102) ; the transitory provisions in Part VI. (ss. 103—126) ; and these two Parts complete the Act. The principal supplemental provisions have already- Introduction. xxxi been referred to under the various heads in the course of the preceding remarks. The attention of the reader must, how- ever, he called to the interpretation clause (sect. 100), which he will do weU to peruse at the earliest opportunity. It will he remarked from the definition of the expressions " district council " and " county district," that it is intended at no dis- tant date to pass into law provisions corresponding to those contained in the original bill, but dropped in committee, with respect to the formation of county districts. The transitory provisions deal with the following sub- jects : — first elections (sects. 103 — 108) ; appointed day (sect. 108) ; transitional proceedings, viz., as to current rates, jury lists, &c. (sect. 110) ; lunatic asylums (sect. Ill) ; and the Contagious Diseases (Animals) Acts (sect. 112) ; transitory provisions as to the Metropolis, viz., as to the sheriffs of London and Middlesex (sect. 113), the existing coroners for Middlesex, Surrey, and Kent (sect. 114), the commission of the peace for London (sect. 115), places for holding quarter sessions (sect. 116), existiag justices in the Metropolis (sect. 117) ; existing officers (sects. 118 — 120) ; temporary provi- sion as to grant from Exchequer (sect. 121) ; savings, viz., as to existing securities and discharge of debts (sect. 122), existing bye-laws (sect. 123), pending actions, contracts, &c. (sect. 124), and as to charters, local Acts, &c. (sect. 125) ; and repeals. Some of these matters have abeady been treated of, and as to the rest but few remarks are necessary. The appointed day for the coming into operation of the Act generally is the 1st of April next, or such earlier day or days as the Local Grovernment Board may appoint. The day fixed for the Jirsi election of county councillors is, however, to be in January/ next, not earlier than the lit/i (sect. 103) ; but the persons elected do not enter upon their duties as county coun- cillors until the appointed day. In the meantime they are to act as a provisional council for bringing the Act into operation. Their fitrst meeting for this purpose is fixed by the Act for the second Thursday next after the day fixed for the first election. At their first meeting they are to elect a chairman of that XXXll Introduction. meeting and of their second meeting, and at the same first meeting, or some adjournment thereof, they are to elect the county aldermen, who are to form part of the provisional council at the second meeting. At the second meeting of the provisional council (which will then consist of the county councillors and county aldermen) a properly qualified person is to be elected chairman of the provisional counoil. This chairman after the appointed day is to be chairman of the county council until the next ordinary day of election of chairman. The same arrangement holds as to the vice and deputy chairman. (Sect. 105.) The provisional council are entitled to use the buildings belonging to the quarter sessions and the clerk of the peace and his officers ; and the officers of the quarter sessions are, if required, to act as the officers of the provisional coimcil. (Sect. 106.) Such is a brief outline of the large and intricate provisions of the Acts of the present Session of Parliament for the estab- lishment of county councils. For the details of these impor- tant measures the reader must refer to the various sections of the Acts themselves. To enable him to do so the different sections bearing upon each subject mentioned have throughout the above remarks been carefully noted. An introduction to a work of the present description should be compendious, and should, as far as possible, avoid details : this has been kept in view in writing the present Introduction, and it is hoped that what has been written may prove useful in assisting the reader to grasp readily the sense and purport of the elaborate provisions of the two enactments, which form the subject of this work. November, 1888. LOCAL GOYEENMENT (ENGLAND AND WALES). 51 & 52 Vict. c. 41. An Act to Amend the Laws relating to Local Govern- ment in England and Wales, and for other purposes connected therewith. [13th August, 1888.] 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 : PAET I. County Councils. Constitution of County Council. *• !• 1. A council shall be established in every administrative Establishment county («) as defined by this Act, and be entrusted with the coun™. ^ management of the administrative and financial business of that county, and shall consist of the chairman, aldermen and oouncillors. (a) That is, by sect. 50, post, p. 73, the county as bounded at the passing of this Act for the election of members to serve in parliament for the county, subject to the provisions in that section as to urban sanitary districts partly within and partly without the county. By sect. 100, post, p. 124, "county" does not include county of a city or town. By sect. 31, post, certain large boroughs are for the purposes of the Act constituted counties, and the mayor, aldermen and bur- gesses of these boroughs are, subject to the necessary modifications, made subject to all the powers, duties, and liabilities of a county councU. By sect. 46, the ridings of Yorkshire and the divisions of Lincolnshire are to be separate counties for the purposes of the Act. Liberties and franchises of a county are to form part of the county of which they form part for the purposes of parliamentary elections. (Sect. 48.) B. B 2 Local Government {England and Wales) Act, looo. ^' '. 2. (1.) The cotmcil of a cotnity(6) and tlie members ^^li^tol thereof shall be constituted and elected and conduct their of oounoii and proceedings in like manner, and he in the like position in all chairman. respects, as the council of a borough divided into wards (c), subject nevertheless to the provisions of this Act {cc), and in particular to the following provisions, that is to say {d) :— (6) See sect. 1. (c) As to the constitution of the council of a borough (-wliioli consists of mayor, aldermen, and councillors), see sects. 10 — 16 of the Municipal Corporations Act, 1882 (Local and Municipal Govemment pp. 272, 273), and Appendix, post, pp. 179 — 182. As to the election of the members of a municipal corporation, see ss. 50^76 of the Mun. Corporations Act, 1882 (Local and Mmiicipal Government, pp. 283—285), and post, pp. 201 — 211. By the Elections (Hours of Poll) Act, 1885 (48 & 49 Yict. c. 10), the poU now commences at eight in the forenoon and closes at eight in the afternoon of the day of election. As to corrupt practices at municipal elections and election petitions, see Mun. Corporations Act, 1882, ss. 77 — 104, post, pp. 211—229, and the Municipal Corporations (Corrupt Practices) Act, 1884 (47 & 48 Vict. c. 70) (Loc. and Mun. Gov., pp. 1298—1312). As to proceedings generally of council of borough, see sect. 22 ; and as to legal proceedings, sects. 219 — 227 of the Municipal Corporations Act, 1882 (Local and Municipal Government, p. 275, and pp. 338— 342), and Appendix, post, pp. 231—237. (cc) See sect. 75, post, pp. 100 ct seq. {d) These provisions do not apply to a borough which is a county by itself. (Sect. 34, (3), (a).) (2.) As respects the aldermen or councillors — (a) clerks in holy orders and other ministers of religion shall not he disqualified for being elected and being aldermen or councillors (e). (b) a person shall be qualified to be an alderman or councillor who, though not quaHfled in manner pro- 45 & 46 Vict. vided by the Municipal Corporations Act, 1882, as "■ ^"^ applied by this Act (/), is a peer owning property in the county, or is registered as a parUamentary voter in respect of the ownership of property of whatsoever tenure situate in the county, (e) the aldermen shall be called county aldermen, and the councillors shall be called county councillors (g) ; sM. a county alderman shall not as such vote in the elec- tion of a county alderman. (d) the county councillors shall be elected for a term of Part I. — County Councils. three years, and shall then retire together, and" their places shall be filled hy a new election ; and (e) the divisions of the county for the purpose of the election of county councillors, shall be called electoral divisions (A) and not wards, and one county council- lor only shall be elected for each electoral division. (e) This removes the disqualification, so far as the county council is concerned, imposed upon clergymen and dissenting ministers in the case of municipal corporations by sect. 12 (b). Municipal Corporations Act, 1882, Appendix, ipost, p. 180. (/) Vide sects. 11 and 12. Municipal Corporations Act, 1882, Ap- pendix, 'post, pp. 179, 180. {g) County aldermen must possess the same qualification as an alderman of a borough, as to which see the Municipal Corporations Act, 1882 (45 & 46 Vict. c. 50), sect. 14 (Local and Municipal Govern- ment, p. 273) ; and county councillors must possess the same qualifica- tion as a councillor of a borough, as to which see the Municipal Cor- porations Act, sects. 11 and 12 (Local and Municipal Government, p. 272). By sect. 35 (6), -poit, p. 53, county councillors elected for a division consisting of a county borough [vide sect. 31), or of some part of such borough, shall not act or vote in respect of any question as regards matters involving expenditure on account of which the parishes in the borough are not liable to be assessed equally with the rest of the county to county contributions. (/i) See the directions for the constitution of electoral divisions, sect. 51, post. (3.) As respects the number of the county councillors, and the boundaries of the electoral divisions in every county — (a) the number of the county councillors, and their ap- portionment between each of the boroughs which have sufficient population to return one councillor and the rest of the county, shall be such as the Local Grovernment Board may determine ; and (b) any borough returning one councillor only shall be an electoral division ; and (c) in the rest of the county the electoral divisions shall be such as in the case of a borough returning more than one councillor the council of the borough, and in the rest of the county the quarter sessions for the county, may determine, subject in either case to the directions enacted by this Act ; and in the case of elections after the fij?st, to any alterations made, in b2 s. 2. s. 2. Local Government {^England and Wales) Act, 1888. ~" accordance with the said directions, in manner ia this Act mentioned. (4.) As respects the electors of the county councillors — the persons entitled to vote at their election shall be, in a borough, the burgesses enrolled in pursuance of 45&46Viot. the Municipal Corporations Act, 1882 («), and the Acts amending the same, and elsewhere the persons 51 & 52 Vict. registered as county electors under the County Elec- "■ ^°' tors Act, 1888 (Jc). (i) See the Municipal Corporations Act, 1882, sects. 9 and 44 — 49 (Local and Municipal Government, pp. 271, 282, 283). {h) See the County Electors Act, 1888, post, p. 164. (5.) As respects the chairman of the county council — (a) he shall be called chairman instead of mayor (M) : and (b) he shall, by virtue of his office, be a justice of the peace for the county {t) ; but before acting as such justice he shall, if he has not already done so, take the oaths required by law to be taken by a justice of the peace other than the oath respecting the qualification by estate. (hh) As to the qualification, term of office, &c. of the chairman, see sect. 15 of Municipal Corporations Act, and notes thereto, poet, p. 182. {I) The qualification for a justice of the peace for a county is the possession for his own use of a freehold, copyhold, or customary estate for life, or for some greater estate, or for some long term of years determinable upon one or more life or lives, or for a certain term originally created for twenty-one years or more in lands, tenements, or hereditaments of the clear yearly value of lOOZ. over and above all incumbrances and rents and charges payable out of or in respect of the same (18 Geo. II. c. 20, s. 1); or the being seised of or entitled to the immediate reversion or remainder of lands, tenements, or heredita- ments, which are leased for one, two, or three lives, or for any term of years determinable upon the death of one, two, or three lives, upon reserved rents, and which are of the clear yearly^ value of 300Z. (18 Geo. II. c. 20, s. 1); or being of full age, and for two years immediately preceding his appointment in the occupation of a dwelling- house assessed to the inhabited house duty at the value of not less than 100?., and during that time rated to all rates and taxes in respect of the premises (38 & 39 Vict. c. 54, s. 1). Peers, and the eldest sons of peers, and members of the Privy Council, are also qualified (18 Geo. II. c. 20, s. 13). (6.) The county council may from time to time appoint a member of the council to be vice-chairman, to hold office during the term of office of the chairman, and. Part I. — County Councils. 5 ss. 2, 3. subject to any rules made from time to time by the county council, anjdihing authorized or required to be done by, to, or before the chairman may be done by, to, or before such vice-chairman. Powers of County Council. 3. There shall be transferred to the council of each county Transfer to on and after the appointed day, the administrative business county council »,■,.,. n , 1 1 ■ of admimstra- 01 tne justices oi the county m quarter sessions assembled, tive business that is to say, all business done by the quarter sessions or any sesgJ'oMf'^ committee appointed by the quarter sessions, in respect of the several matters following (w), namely, — (i) The making, assessing, and levying of county («), police (o), hundred ( J)), and all rates, and the ap- plication and expenditure thereof, and the making of orders for the payment of sums payable out of any such rate or out of the county stock or county fund, and the preparation and revision of the basis or standard for the county rate ; (m) By sect. 28 {\),pod, p. 42, the county council, as respects the business transferred to them from quarter sessions, are made subject to all the powers, duties, and liabilities which the quarter sessions or any committee thereof were subject to in respect of the business so transferred. By sect. 28 (2), post, p. 42, the county council may delegate, with or without any restrictions or conditions, as they may think fit, any powers or duties transferred to them by the Act, either to the justices of the county sitting in petty sessions or to any committee of the county council appointed in pursuance of the Act, or to any district council, except powers of raising money by rate or loan, or connected with the licensing of premises for the sale of intoxicating liquor or for public billiard tables. As to the transfer to the county council of the powers, &c., of quar- ter sessions of boroughs haying a separate commission of the peace, see sect. 36, post. The provisions of this section apply to the liberties and franchises of the county. (Sect. 48 (2).) (w) As to the business done by quarter sessions in respect of a county rate, provision is made by the Act 15 & 16 Vict. c. 81. It must be stated, however, that parts of this Act are now repealed: viz., sect. 1, and sect. 52, from " or under an Act "to " employment of the poor," are repealed by 38 & 39 Vict. c. 66 ; sect. 38, by the Municipal Cor- porations Act, 1882, s. 5 (Local and Municipal Government, p. 269); and sect. 46, by the Summary Jurisdiction Act, 1884, s. 4. The Union Assessment Committee Act, 1862, does not apply tq s. 3. Local Government {England and Wales) Act, 1888. ■ assessment or tasis made by committee of justices [county council]. 29 & 30 Vict. c. 78. By 29 & 30 Vict. c. 78, s. 2, the printed lists of tte parishes and places assessed, and the amount of the rateable Talue at which they are assessed, need only be sent when a new basis or alteration in the existing basis for a county rate has been allowed and confirmed. (o) The making, &c., of the police rate is provided for by 3 & 4 Vict. c. 88 ; 7 & 8 Vict. c. 33. Grants in aid of the police are now dis- contin^ied. {p) Formerly, in certain cases of damage to property the hundred was required to make compensation. (7 & 8 Geo. IV. c. 31, s. 2, and 2 & 3 Will. IV. c. 72 (both now repealed; note (»), p. 11, post); 24 & 25 Vict. c. 97, s. 11 ; 17 & IS Vict. c. 104, s. 477; JBarweU v. Winter- stoJce, 14 a. B. 704; Drake v. Footit, L. E. 7 Q,. B. D. 201.) The rate was raised in the same way, and at the same time as the county rate. (7 & 8 Geo. IV. c. 31, s. 7.) (ii) The borrowing of money {q) ; (q) This business may not be delegated to a committee. Sect. 28 (3), post. Generally, as to the borrowing powers of quarter sessions, see the Local Loans Act, 1875, 38 & 39 Vict. c. 83. (See Local and Municipal Goyernment, p. 1206.) Now, by 48 & 49 Vict. c. 30, s. 4, loans borrowed under that Act may be discharged by a sinking fund. As to borrowing for purposes of county bridges, see 4 & 5 Vict. c. 49, and 43 & 44 Vict. c. 5 ; lunatic asylums, see 16 & 17 Vict. c. 97, Bs. 46—52. See, also. Public Works Loans Act, 1875, 38 & 39 Vict, c. 89. (See Local and Municipal Government, p. 1216.) (iii) The passing of the accounts of and the discharge of the county treasurer (r) ; (r) See 12 Geo. IL c. 29, ss. 7, 8, 9. (iv) Shire halls (s), county halls (s), assize courts (s), judges lodgings (s), lock-up houses {t), court houses (m), jus- tices rooms (v), police stations («■), and county huild- ings, works, and property, subject as to the use of buildings by the quarter sessions and the justices to the provisions of this Act respecting the joint com- mittee of quarter sessions and the county council ; (s) As to building, &o., shire and county halls, assize courts, and judges' lodgings, see 7 Geo. IV. c. 63, ss. 3, 4, 5, 9, 15 ; and as to borrowing for purpose of, ibid, sects. 10, 11, 12. See, also, 7 Will. IV. & 1 Vict. c. 24, ss. 1, 2, 3 ; and 10 & 11 Vict. o. 28, s. 1. As to the purchase of houses or buildings for judges' lodgings, see 2 & 3 Vict, c. 69, s. 1. (t) As to providing lock-up houses, and a superintending constable thereof, see 5 & 6 Vict. c. 109, s. 22, and 13 & 14 Vict. c. 20, s. 6. See, also, the Public Works Loans Act, 1875, s. 40 (Local and Muni- cipal Government, p. 1225). s. 3. Paet I. — County Councils. («) See note (s), swpra, as to shire halls. As to providing court houses for petty sessions, see 12 & 13 Vict. c. 18, ss. 2, 3. (v) See 12 & 13 Vict. o. 18, ss. 2, 3, and the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 30. See, also, the PubHo Works Loans Act, 1875, s. 40. (Local and Municipal Government, p. 1225.) (w) As to providing police stations, see 3 & 4 Vict. c. 88, s. 12, and 19 & 20 Vict. c. 69, s. 23. As to borrowing money for, see 3 & 4 Vict. c. 88, s. 13, and the PubUc "Works Loans Act, 1875, s. 40. (Local and Municipal Government, p. 1225.) (v) The licensing under any general Act of houses and other places for music or for dancing, and the granting of licences under the Eacecourses Licensing 42 & 43 viot Act, 1879 (x) ; 0. 18. (a;) See 42 & 43 Vict. c. 18, which makes horse races within ten miles of Charing Cross unlawful, except in licensed places. (vi) The provision, enlargement, maintenance, manage- ment, and visitation of and other dealing with asylums for pauper lunatics (y) ; (1/) See 16 & 17 Vict. c. 97, ss. 2, 22, 30. As to borrowing from Public Works Loans Commissioners, see Public Works Loans Act, 1875 (38 & 39 Vict. c. 89), s. 9 (Local and Municipal Government, p. 1216), and 16 & 17 Vict. c. 93, s. 48. In the case of boroughs having a separate quarter sessions these powers are transferred to the council of the borough. (Sect. 32.) (vii) The establishment and maintenance of and the con- tribution to reformatory and industrial schools (s) ; (z) See the Eeformatory Schools Act, 1866 (29 & 30 Vict. c. 117), ss. 27, 28, 29 and 35, and 35 & 36 Vict. c. 21, s. 4. See the Industrial Schools Act, 1866 (29 & 30 Vict. c. 118), ss. 12, 13, and 35 & 36 Vict. c. 21, s. 9. (viii) Bridges and roads repairable with bridges («), and any powers vested by the Highways and Locomotives 41 ^ 42 yigj^ (Amendment) Act, 1878 (b), in the county authority ; c. 77. (a) The maintenance and repair of bridges is a general county pur- pose, and the costs are to be charged to the general county account. (Sect. 11 (1).) As to county bridges, &c., see Local and Municipal Government, p. 775, n. ; and see the statutes relating to bridges collected ihid., pp. 1391 — 1404. See, also, sect. 21 of the Highways Act, 1835, ibid., p. 775. User by, and utility of a bridge to, the public is evidence on which a jury may find against the county on the question of the liability to repair. Such evidence is not necessarily conclusive, but in order to render the county liable, it is not necessary there should be an 8 Local Government [England and Wales') Act, 1888. 8.3. overt act of adoption of the bridge on behalf of the county. {Reg. v. Inhabitants of Southampton, L. E. 19 Q,. B. D. 590 ; 56 L. J. M. 0. 112 ; 51 L. T. N. S. 261.) Where a county of a town has been created by charter and declared to be a separate' county, the county in which. it -was originally situated is not liable for the repair of bridges within its boundaries. {lieg. v. Inhabitants of Southampton, L. E. 17 Qb. B. D. 424; 55 L. J. M. G. 158; 65 L. T. N. S. 322; 35 W. E. 10; 50 J. P. 773.) As to bridges in South Wales, see Local and Municipal Government, p. 1415. (6) See sects. 10, 13, 21, 22, 23, 26 of that Act (Local andMunicipal Government, pp. 881, 882, 885, and 888). (ix) ■ The tables of fees to be taken by and the costs to be allowed to any inspector, analyst, or person holding any office in the county other than the clerk of the peace and the clerks of the justices ; (x) The appointment, removal, and determination of salaries, of the county treasurer (c), the county sur- veyor {d), the public analysts (e), any officer under 38 & 39 Vict. the Explosives Act, 1875 (/), and any officers whose °- ■^^' remuneration is paid out of the county rate other than the clerk of the peace [g) and the clerks of the justices {h) ; (c) See 12 Geo. n. c. 29, ss. 6, 11 ; 55 Geo. IIL c. 51, s. 17, and Mun. Corporations Act, s. 18, and note, post, p. 183. (d) See 22 Hen. VIII. c. 5, ss. 4, 8 ; 43 Geo. III. c. 59, s. 3 ; 54 Geo. III. c. 90 ; 65 Geo. III. c. 143 ; 5 & 6 WiU. IV. c. 50, s. 22 ; 43 Geo. in. c. 59, s. 43 ; 64 Geo. III. c. 90. (e) See 38 & 39 Vict. c. 63, s. 10 (Local and Municipal Government, p. 634). (/) See this Act (Local and Municipal Government, p. 669). {g) See sects. 30 and 83, post, pp. 43, 113. {h) See 23 & 24 Vict. c. 116, s. 4. (xi) The salary of any coroner whose salary is payable out of the county rate, the fees, allowances, and dis- bursements allowed to be paid by any such coroner (ii) , and the division of the county into coroners' dis- tricts (y), and the assignment of such districts; (i) See 7 WiU. IV. & 1 Vict. c. 68, ss. 1, 2, 3. The disbursements made by the coroner under this Act, after the termination of the inquest, cannot be disallowed on the ground that it was not proper that the inquest should have been held. [R. v. J J. of Carmarthenshire, 10 a. B. 796; R. v. JJ. of Gloucestershire, 27 L. J. M. C. 15.) (./) See 7 & 8 Vict. c. 92, ss. 2—8, 28. As to Chester, see ibid. s. 27, and 23 & 24 Vict. o. 110, s. 7. Part I. — County Councils. (xii) The division of the county into polling districts for ' the purposes of parliamentary elections, the ap- pointment of places of election (/c), 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 (/) ; {k) By 46 & 4Y Viot. c. 51, s. 47, every county is to be divided by the justices in. sessions into polling districts, and a polling place as- signed to each., so that, as far as reasonably practicable, every voter shall have his polling place within three miles of his residence ; but a polling district need not be constituted containing less than 100 elec- tors. This section incorporates sect. 5 of the Ballot Act, 1872 (Local and Municipal Government, p. 1266), so far as not repealed. By the Eegistration Act, 1885 (48 Vict. c. 15), s. 13, sub-ss. 1, 2, where the parliamentary county is co-extensive with or comprised within due county quarter sessional area, the Court of county quarter sessions for that area, or where the parliamentary county extends into more than one such area, the Court of quarter sessions for the area which com- prises the largest part of the parliamentary county shall be the au- thority for dividing the county into polling districts. By sub-sect. 3, where the parliamentary county extends into more county quarter sessional areas than one, a joint committee may be appointed for the purpose. See also 30 & 31 Vict. c. 102, s. 34, and 31 & 82 Vict. c. 48, s. 18. [1) By the Parliamentary Eegistration Act, 1843 (6 & 7 Vict. c. 18), s. 54, an account of all expenses incurred by any clerk of the peace of any county in carrying into effect the provisions of that Act is to be laid before the next quarter sessions after such expenses shall have been incurred, who are to make an order on the county treasurer for the payment of such expenses, or part thereof, as they shall allow, to the clerk of the peace, out of the public stock of the county ; and by 6 & 7 Vict. c. 18, s. 55, and 41 & 42 Vict. c. 26, s. 30, provision is made for the expenses of town clerks in boroughs. As to expenses in case of divided county jurisdiction, see the Eegistration Act, 1885 (48 Vict. c. 15), s. 14 ; and, as to expenses where the whole or part of the area of a municipal borough is co-extensive with or included in the area of a parliamentary borough, see the Parliamentary and Muni- cipal Eegistration Act, 1878 (41 & 42 Vict. c. 26), s. 30. (xiii) The execution as local authority of the Acts relating to contagious diseases of animals (m), to destruc- tive insects (w), to fish conservancy (o), to vrild birds (jo), to weights and measures (j), and to gas meters (r), and of the Local Stamp Act, 1869 ; (to) i.e., the Contagious Diseases (Animals) Acts, 1878 (41 & 42 Vict. c. 74) and 1884 (2) (47 & 48 Vict. c. 13 and c. 47) (Local and Municipal Government, pp. 729 and 1477). Now, by the Contagious Diseases 8.3. 10 Local Government {England and Wales) Act, 1888. s. 3. (Animals) Act, 1886 (49 & 50 Vict. o. 32), sects. 17, 20, 22, 23, 26, 32, 34, and 39, and Schedules 3rd and 4tli of tie Act of 1878, are amended, and sect. 29 is repealed, and a new provision (sect. 6) enacted in lieu thereof. («.) i.e., the Destructive Insects Act, 1877 (40 & 41 Vict, c 68). Now, by the Contagious Diseases (Animals) Act, 1878 (see preceding note), penalties under the former Act are recoverable in manner provided by the latter Act. (o) By the Salmon Fisheries Act, 1861 (24 & 25 Vict. o. 109), s. 33, the justices of quarter sessions may appoint conservators or overseers for the preservation of salmon and enforcing the provisions of the Act. By the Salmon Fisheries Act, 1865 (28 & 29 Vict. c. 121), ss. 4, 5, 6, 7, 8, 9, 10, 11, fishery districts may, on the application of the justices at quarter sessions, be formed (see the Salmon Fishery Act, 1873 (36 & 37 Vict. 0. 71), s. 8), and joint fishery committees may be appointed ; by sects. 12, 13, the joint committee are to appoint a board of con- servators, and thereupon to be dissolved; and by sects. 15 and 16, provision is made as to the term of office and appointment of conser- vators, and as to filling up vacancies and the giving of notices of appointments of conservators. By the Salmon Fishery Act, 1873 (36 & 37 Vict. c. 71), s. 9, provision is made as to altering the number of conservators to be appointed by justices at quarter sessions ; by sects. 26, 27, and 28, every person shall be an ex-officio member of the board of conservators who is (1) the owner or occupier of a fishery or fisheries in the fishery district assessed to the poor rate on an estimated rental of 301. per annum (provided that owner and occupier shall not act at the same time in respect of the same fishery, and that if there be more than one owner or occupier of the same fishery, only one shall act) ; or (2) is the owner of lands in such district of an annual value not less than 100?., having a frontage not less than one mile to any salmon river (both sides of the river may be reckoned), having the right to fishing in the part of the river adjoining the frontage, and having paid licence duty for fishing for salmon for such district during the preceding season ; and in case any person possessing either of these qualifications be a minor, idiot, lunatic, feme covert, or a corporation, the guardian, trustee, committee, husband of such minor, &c., or one of the members of the corporation, shall act ; and by sect. 29 provision is made for the appointment, in addition to the other members, of representative members in certain districts where there are public or common rights of fishing. The board of conservators are constituted a body corporate having perpetual succession and a common seal, with power to make contracts and to sue and be sued in a common name by sect. 21 of the Salmon Fishery Act, 1865 (28 & 29 Vict. c. 121) ; and by sects. 22, 23, and 27 of the same Act, provision is made as to the meetings of the oonser- vatois, transaction of business, appointment of officers, issuing of licences (see the Freshwater Fisheries Act, 1878 (41 & 42 Vict. c. 39), s. 7), purchase of dams, weirs, &c., and enforcing the Salmon Fishery Paet I. — County Councils. 11 s. 3. Acts and executing works, &o. for protection and improvement of ~~~~ salmon fisheries within their district. By sects. 39 — 42 of the Sahnon Kshery Act, 1873 (36 & 37 Vict. c. 71), and sect. 1 of the Freshwater Fisheries Act, 1884 (47 Vict. c. Ill), power is given to the board of conservators to make bye-laws. Borrowing powers are given to the board of conservators by the Act of 1865 (28 & 29 Vict. c. 121), s. 28 ; and powers to spend moneys in their hands in any manner (not il- legal) they may think conducive to the improvement of the salmon fisheries within their district, and to vary the licence duties, are given by sects. 23 and 25 of the Act of 1873 (36 & 37 Vict. c. 71). By the Salmon Fishery Act, 1865 (28 & 29 Vict. c. 121), s. 29, " an Audit of account of the receipts and disbursements of every board of conser- aooounts of vators, in such form and with such particulars as may be required by conservators the court of quarter sessions that appoints the board, or any case of a quarter joint board by the court of quarter sessions of the audit county, shall sessions, be laid annually before such courts of quarter sessions as aforesaid ; and the justices assembled at such courts may disallow any item that they consider to be illegal." Provision is made by sects. 5, 6, 7 of the Salmon Fishery Act, 1873 (36 & 37 Vict. c. 71), for the alteration of fishery districts, and there- upon for adding or taking from the number of the members of the board of conservators, as the case may require. Now, by the Freshwater Fisheries Acts, 1878 and 1884 (41 & 42 Vict. c. 39, s. 6, and 47 Vict. c. 11, s. 2), the Salmon Fisheries Acts, 1865 and 1873, are extended to freshwater fisheries, so that fishery districts may be formed and conservators appointed for water frequented by any freshwater fish. (y) See the Wild Birds Protection Act, 1880 (43 & 44 Vict. c. 35), as amended by the Wild Birds Protection Act, 1881 (44 & 45 Vict. c. 51), and the Order in Council {London Gazette, Dec. 12, 1882, p. 6321). {q) See the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), as amended by the Summary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43), s. 4. Now, by the Coal Mines Eegulation Act, 1887 (50 & 51 Vict. c. 58), s. 15, the Weights and Measures Act, 1878, is applied to weights, &c., used in mines. (r) See 22 & 23 Vict. c. 66, an Act for regulating measures used in sales of gas, as amended by the Summary Jurisdiction Act, 1884 (47 & 48 Vict. c. 43), s. 4. (xiy) An y matters arising under the Riot (Damages) Act, 1886 (s) ; (s) I. c, 49 & 50 Vict. c. 38. This Act repeals 7 & 8 Geo. 4, c. 31, and 2 & 3 WUl. 4, c. 72, which provided for compensation being made by the inhabitants of the hundred, &c., in case of riotous damage to property, and makes new provisions as to the mode of awarding compensation in those cases, and as to payment of the compensation out of the police rate. See notes (o) and {p), ante, p. 6. (xy) The registration of rules of scientific societies under 12 ss. 3—5. Transfer of certain powers under local Acts. Appointment of coroners by comity cotmoil. Local Government {England and Wales) Act, 1888. the Act of the session of the sixth and seventh jeaiB of the reign of Her present Majesty, chapter thirty- six; the registration of charitable gifts under the Act of the session of the fifty-second year of the reign of Greorge the Third, chapter one hundred and two ; the certifying and recording of places of reli- gious worship under the act of the session of the fifty-second year of the reign of George the Third, chapter one hundred and fifty-five ; the confirmation and record of the rules of loan societies under the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hun- dred and ten ; and (xvi) Any other business transferred by this Act. 4. Where it appears to the Local Grovernment Board that any powers, duties, or liabilities of any quarter sessions or justices, or any committee thereof, under any local Act are similar in character to the powers, duties, and liabilities trans- ferred to county councils by this Act, or relate to property transferred to a county council by this Act, the Board may, if they think fit, make a provisional order for transferring such powers, duties, and liabilities to the county council. 5, — (1.) After the appointed day a coroner for a county shall not be elected by the freeholders of the county, and on any vacaney occurring in the ofiice of a coroner for a county, who is elected to that office in pursuance of a writ de corona- tore eligendo, a like writ for the election of a successor shall be directed to the county council of the county instead of to the sheriff, and the county council shall thereupon appoint a fit person, not being a county alderman or county councillor, to fin such office, and in the case of a county divided into coroners districts shall assign him a district ; and any person so appointed shall have like powers and duties, and be en- titled to like remuneration, as if he had been elected coroner for the county by the freeholders thereof. (2.) Where the district of any such coroner is situate wholly within any administrative county, the council of that county shall, subject as hereinafter mentioned, appoint the coroner. (3.) Where the district of any such coroner is situate partly in one and partly in another administrative county Part I. — County Councils. 13 ss. 5 — 7. forming part of an entire county, the joint committee for the entire county may arrange for the alteration in manner provided by law of the district, so that, on the nest avoid- ance of the office of coroner of that district, or at any earlier time fixed by the joint committee when the alteration is made, the coroner's district shall not be situate in more than one administrative county. (4.) Until such arrangement is made, the joint committee for the entire county shall appoint the coroner for the said district, and the amount payable in respect of the salary, fees, and expenses of such coroner shall be defrayed in like manner as costs of the joint committee are directed by this Act to be defrayed. (5.) Nothing in this Act respecting the appointment of a coroner shall alter the jurisdiction of a coroner for the entire county, or any power of removing such coroner, whether by writ de eoronatore exonerando or otherwise, and all writs for the election or removal of a coroner shall be altered so as to give effect to this section. (6.) Sections eleven and fourteen and the First Schedule of the Coroners Act, 1887, and any other enactment relating so & 51 Viot. to the election of a coroner for a county by the freeholders of "" such county or any district thereof, are hereby repealed as from the appointed day, without prejudice to anything done or suffered, or any legal proceeding commenced or penalty incurred before such repeal takes effect. (7.) A person who holds the office of coroner shall not be qualified to be elected as a county alderman or county coun- cillor for the county for which he is a coroner. 6, The county council shall have power to purchase, or take Power of over on terms to be agreed on, existing bridges not being at brMgel^^ *° present county bridges, and to erect new bridges, and to maintain, repair, and improve any bridges so purchased, taken over, or erected. 7, There shaU. be transferred to the county council on and Transfer to after the appointed day the business of the justices of the ^?™&'"'^ county out of session (s)— powers of (a) in respect of the licensing of houses or places for the session! public performance of stage plays {t), and 14 Local Government {England and Wales) Act, 1888. s. 7.. (b) in respect of the execution as local authority of the 38^& 39 Viot. Explosives Act, 1875 (m). (s) By sect. 28, sub-sect. 1, post, county councils are as respects the business thus transferred made subject to all the powers, duties, and liabilities which any justice or justices were subject in respect of the business so transferred; and by sub-sect. (2), power is given to county councils to delegate these powers to committees. As to the transfer of these powers in the case of boroughs having a separate commission of the peace, see sect. 34, post. The provisions of- this section apply to the liberties and franchises of the county. (Sect. 48.) [t) Licences for theatres are granted under 6 & 7 Vict. c. 68. By sect. 3 of that Act it is provided, that the justices shall, within '■wenty- one days next after an application shall havebeen made in writing, signed by the party making the same, and countersigned by at least two justices acting in and for the division within which the property proposed to be licensed shall be situate, and delivered to the clerk to the said justices, hold a special session in the division, district, or place for which they usually act, for granting licences to houses for the performance of stage plays, of the holding of which session seven days' notice shall be given by their clerk to each of the justices acting within such division, district, or place; and every such licence shall be given under the hands and seals of four or more of the justices assembled at such special session, and shall be signed and sealed in open Court, and after- wards shall be publicly read by the clerk, with the names of the justices subscribing the same. By sect. 7, no licence shall be granted to any person except the actual and responsible manager for the time being of the theatre, and the manager shaU be bound in such sum, not exceeding oOOZ., as the justices shall require, with two sureties to be approved by the justices in sums not exceeding lOOZ. each, for the due observance of the rules in force for the regulation of the theatre, and for securing payment of penalties for breach of the rules or of the pro- visions of the Act. By sect. 9, the justices may make rules, a copy of which is to be annexed to every licence, for insuring order and decency at the theatres licensed by them, and for regulating the times during which they shall be allowed to be open ; and upon breach of the rules the theatre may be closed. By sect. 6, a fee, not exceeding 5s., for every calendar month during which the theatre is licensed to be kept open may be fixed by the justices. By sect. 11, a penalty, not exceeding lOZ., may be imposed on persons " who for hire shall act or present, or cause, permit, or suffer to be acted or presented, any part in any stage-play in any place not being duly licensed as a theatre" for every day on which they so offend ; and by sect. 2, a sum, not exceeding 20?., may be recovered from any person who shall " have or keep any house, or other place of public resort, for the performance of stage-plays" without a licence for every day during which such house or place shall have been kept open. By sect. 16, " in every case in which any Part I. — County Councils. 15 ss. 7—9. money or other reward shall be taken or charged, directly or indirectly or in which the purchase of any article is made a condition for the admission of any person into any theatre to see any stage-play, and in every case in which any stage-play shall he acted or presented in any house, room, or place in which distilled or exciseable liquor is sold, every actor therein shall he deemed to be acting for hire.'' By sect. 23, "stage-play" includes every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomine, or other entertainment of the stage, or any part thereof ; but the Act is not to apply to any booth or show duly ' ' allowed in any lawful fair, feast, or customary meeting of the like kind." A booth used as a theatre by strolling players is not a " house or other place of public resort for the public performance of stage-plays " within the meaning of sect. 2 {Davys v. Douglas, 28 L, J. M. 0. 193) ; but it is a " place" within sect. 11. {Fredericks v. Payne, 32 L. J. M. 0. 14.) The owner and occupier of a building, which he gratuitously allowed to be used on a few occasions for the performance of stage-plays, to which the public were admitted on payment, for the benefit of a charity, was held to be rightly convicted under sect. 2, he not having a licence for the building. {Shelley v. Sethell, L. E. 12 Q. B. D. 11 ; 53 L. J. M. 0. 16 ; 49 L. T. N. S. 7*79 ; 32 W. E. 276 ; 48 J. P. 244.) Persons who hired the use of a theatre for six nights were held not to "have or keep" the theatre within sect. 2 ; that section applies to the person who has a permanent interest in the theatre. {B. v. Strugnell, 35 L. J. M. 0. 78.) What is a stage-play within the definition in sect. 23 is a question of fact and not of law. {Wigan v. Strange, 35 L. J. M. 0. 31. See Thome v. Golson, 25 J. P. 101 ; Dey v. Simpson, 12 L. T. N. S. 386.) The lord chamberlain is the licensing authority for London, West- minster, &o. (Sect. 3.) {u) i. «., 38 Vict. c. 17. See Local and Municipal Government, p. 669. 8. — (1.) Nothing in this Act shall transfer to a county Reservation council any business of the quarter sessions or justices in to quarter^ relation to appeals by any overseers or persons against the sessions, basis or standard for the county rate or against that or any other rate. (2.) All business of the quarter sessions or any committee thereof not transferred .by or in pursuance of this Act to the county council shall be reserved to and transacted by the quarter sessions or committee thereof in the same manner, as far as circumstances admit, as if this Act had not passed. 9, — (1.) The powers, duties, and liabilities of quarter Powers as to sessions, and of justices out of session, with respect to the ^° ''^' 16 ss. 9, 10. 19 & 20 Viot. U.69. Transfer to county council of powers of certain government departments and other authorities. Local Government [England and Wales) Act, 1888. " coiinty police («) shall, on and after the appointed day, vest in and attach to the quarter sessions and the county council jointly, and he exercised and discharged through the standing joint committee of the quarter sessions and county council appointed as hereinafter mentioned {y) : (k) These powers are given by 2 & 3 Vict. c. 93, ss. 2, 3, 6, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 23, 24, 25, 27, 28; 3 & 4 Vict. c. 88 ; 19 & 20 Vict. c. 69 ; and 22 & 23 Vict. c. 32. The disability im- posed by sect. 9 of 2 & 3 Vict. c. 93 upon police to vote at parliamentary elections is now removed by 50 Vict. o. 9. {y) As to the joint committee, see sect. 30, post. As to payment by the county council of one half the cost of the pay and clothing of the police in counties and boroughs maintaining a separate police, see sect. 24 (2), (h), (i), post ; and as to the consequence of a secretary of state refusing to certify the efficiency of the police, see sect. 25, post. Members of the standing joint committee may be appointed by the quarter sessions of any liberty or franchise having the control of its police, and there shall be one police force for the wbole county. (Sect. 48 (3).) (2.) Provided that the powers conferred hy section seven of the County and Borough Police Act, 1856 (s), which requires constables to perform, in addition to their ordinary duties, such duties connected with the police as the quarter sessions may direct or require, shall continue to be exercised by the quarter sessions as well as by the said standing joint com- mittee, and may also be exercised by the county council; and the said section shall be construed as if the county council and the said standing joint committee were therein mentioned as well as the quarter sessions. (z) i.e., 19 & 20 Vict. c. 69. (3.) Nothing in this Act shall affect the powers, duties, and liabilities of justices of the peace as conservators of the peace, or the obligation of the chief constable or other con- stables to obey their lawful orders given in that behalf. 10. — (1.) After the passing of this Act it shall be lawful for the Local Grovernment Board to make from time to time a provisional order for transferring to county councils — (a) any such powers, duties, and UabHities of her Majesty's Privy Council, a Secretary of State [a), the Board of Trade, the Local Government Board, or the Education Department, or any other Grovernment Part I. — County Councils. 17 8.10. department, as are conferred by or in pursuance of any statute and appear to relate to matters arising -within the county, and to be of an adminis- trative character : also (a) Ttese are the powers of tlie Secretary of State under the Burial Act (Metropolis), 1852, and the Burial Act, 1853 (Local and Muni- cipal Government, p. 1155), to represent to her Majesty in Council that any burial ground should be discontinued and to approve of new buiial grounds ; to order the abolition of fairs under the Fairs Act, 18Y1, and to order the alteration of day for holding and duration of fair under the Pairs Act, 1873. (b) any such powers, duties, and liabilities arising within the county, of any commissioners of sewers, con- servators, or other public body, corporate or un- incorporate (not being the corporation of a municipal borough or an urban or rural authority, or a school board, and not being a board of guardians) as are conferred by or in pursuance of any statute ; and such order shall make such exceptions and modifications as appear to be expedient, and also such provisions as appear necessary or proper for carrying into effect such transfer, and for that purpose may transfer any power vested in her Majesty in Council : (2.) Provided that before any such order is made, the draft thereof shall be approved, if it relates to the powers, duties, or liabilities of a Secretary of State, or the Board of Trade, or any other Grovemment department, by such Secretary of State, board, or department, and approved, if it affects the powers, duties, or liabilities of any commissioners, conserva- tors, or body, corporate or unincorporate, by such com- missioners, conservators, or body ; and every such pro- visional order shall be of no effect until it is confirmed by Parliament. (3.) If any such powers, duties, or liabilities as are referred to in any provisional order under this section arise within two or more counties, they may be transferred to the county councils of such two or more counties jointly, and may be exercised and discharged by a joint committee of such councils (J). (J) The powers transferred by this section cannot be delegated by the county council to a committee. (Sect. 28, fost.) B. C 18 Local Government {England and Wales) Act, 1888. ss. 10, 11. —- As to the appointment of ioint committees,, and as to making regu- lations for their proceedings, see sects. 81 and 82, post. (4.) The Act of Parliament confirming any provisional order made tinder this section shall be a public general Act. Entire main- H. — (1.) Every road in a county, which is for the time ma^roads being a main road within the meaning of the Highways and byoouuty Locomotives (Amendment) Act, 1878(c), inclusive of every 41 & 42 Vict, bridge carrying such road if repairable by the highway autho* o- 77. ' rity, shall, after the appointed day, be wholly maintained and repaired by the council of the county in which the road is situate, and such council, for the purpose of the maintenance, repair, improvement, and enlargement of, and other dealing with such road, shall have the same powers and be subject to the same duties as a highway board {d), and may further exercise any powers vested in the council for the purpose of the maintenance and repair of bridges («) , and the enactments relating to highways and bridges (/) shall apply accordingly; and the county council shall have the same powers as a high- way board for preventing and removing obstructions, and for asserting the right of the public to the use and enjoyment of the roadside wastes ; and the execution of this section shall be a general county purpose, and the costs thereof shall be charged to the general county account. (c) By sect. 13 of tlie Highways and Locomotives Amendment Act, 1878, " any road whicli has, within the period between the 31st day of December, 1870, and the date of the passing of [the] Act (16th August, 1878), ceased to be a turnpike road, and any road which, being at the time of the passing of [the] Act a turnpike road, may afterwards cease to be such, shall be deemed to be a main road." By sect 15, a highway may be declared to be a main road where, by reason of its being a medium of communication between great towns, or a thorough- fare to a railway, or otherwise, it ought to become a main road. (Local and Municipal Government, pp. 882, 883, 884.) {d) See the Highway Act, 1862, s. 11. (Local and Municipal Government, p. 845.) (e) See sect. 3 (8), ante, p. 7. (/) The enactments relating to highways and bridges will be found set forth in "Local and Municipal Government" : see under the words " Highway Act " and " Bridges " in the index to that work. (2.) Provided that any urban authority may, within twelve months after the appointed day, or, in case of a road in the,- district of such authority becoming a main road at any sub- Part I. — County Councils. 19 s. 11. sequent date, then within twelve months after that date, claim ~ to retain the powers and duties of maintaining and repairing a main road within the district of such authority, and there- upon they shall be entitled to retain the same, and, for the purpose of the maintenance, repair, improvement, and en- largement of, and other dealing with such road, shall have the same powers and be subject to the same duties as if such road were an ordinary road vested in them, and the council shall make to such authority an annual payment towards the costs of the maintenance and repair, and reasonable improve- ment, connected with the maintenance and repair of such road. (3.) The amount of such payment shall be such annual sum as may be from time to time agreed on, or in the absence of agreement may be determined by arbitration of the Local Grovernment Board. (4.) The county council and any district council [g] may from time to time contract for the undertaking by the district council of the maintenance, repair, improvement, and en- largement of, and other dealing with any main road, and, if the county council so require, the district council shall under- take the same, and such undertaking shall be in consideration of such annual payment by the county council for the costs of the undertaking as may from time to time be agreed upon, or, in case of difference, be determined by arbitration of the Local Grovernment Board ; and for the purposes of such undertaking the district council shall have the same powers and be subject to the same duties and liabilities as if the road were an ordinary road vested in them, {g) See definition of district council in interpretation clause, s. 100,^osi. (5.) Provided that in no case shall a county council make any payment to a district council (h) towards the costs of such undertaking as respects any road, or towards the costs of the maintenance, repair or improvement of any road by an urban authority, until the county council are satisfied by the report of their surveyor, or such other person as the county council may appoint for the purpose, that the road has been properly maintained and repaired, or that the improvement or enlarge- ment of or other dealing with the road, as the case may be, has been properly executed. (/i) See definition of district council in interpretation clause, s. 100,23osf, 02 20 Local Government {England and Wales) Act, 1888. s. 11. (6.) A main road and the materials thereof, and all drains belonging thereto, shall, except where the m'han authority retain the powers and duties of maintaining and repairing such road, vest in the county council, and where any sewer or other drain is used for any purpose in connec- tion with the drainage of any main road, the county council shall continue to have the right of using such sewer or drain for such purpose ; and if any difference arises between a county council and any highway or sanitary authority as respects the authority in whom the drain is vested, or as to the use of any sewer or other drain, the council or the high- way or sanitary authority may require such difference to be referred to arbitration, and the same shall be referred to arbitration in manner provided by this Act. (7.) Where a county council declare a road to be a main road, such declaration shall not take effect until the road has been placed in proper repair and condition to the satisfaction of the county council. (8.) If at any time the county council are satisfied, on the report of their surveyor or other person appointed by them for the purpose, that any portion of a main road, the main- tenance and repair of which are undertaken by any' district council (g), is not in proper repair and condition, the county council may cause notice to be given to such district council (g), requiring them to place the road in proper repair and con- dition ; and, if such notice is not complied with within a reasonable time, the county council may do everything that seems to them necessary to place the road in proper repair and condition, and the expenses of so doing shall be a debt of the said district council ( penalty. Or forfeiture is made recoverable in a summary sessions manner before any justice or justices and payable to the Crown or to any body corporate, or to any person whomso- ever, the same if recovered and adjudged before any justice of a borough having a separate court of quarter sessions shall, notwithstanding anything in the Act under which it is recovered, be recovered for and adjudged to be paid to the treasurer of the borough (/). (») As to procedure, see tte Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49, s. 31). I {k) Under the corresponding provision in the previous enactment (5 & 6 Will. 4, c. 76, s. 132) it was held that an order of the quarter sessions of a borough with reference to an appeal against a borough rate could not be removed by certiorari: M. v. t/i/'. of Ripon, 7 A. & E. 417. The order must be " made or done ly virtue of this Ad." See R. V. JJ. of Lancashire, 11 A. & E. 144, and R. v. Terret, 2 T. E. 735. But the section does not apply where there is a total absence of juris- diction {Ex parte Bradlaugh, 3 G. B. D. 509 ; 47 L. J. M. 0. 105 ; 38 L. T. N. S. 680 ; 26 W. E. 758) ; or where the Court is so improperly constituted as to invalidate the decision {R. v. Cheltenham Commis- sioners, 1 Q. B. 467) ; or where the conviction, &o., was obtained by fraud: R. v. Oillyard, 12 Q. B. 527. As to removal of an order of council by certiorari, see sect. 141 (2), ante. {I) As to the construction of the section, see A.-O. v. Moore, L. E. 3 Ex. D. 276 ; 47 L. J. M. 0. 33 ; 37 L. T. N. S. 610 ; 26 W. E. 238. Payments to the treasurer go to the borough fund. See sect. 142 (2), ante. See Mayor of Reigate v. Hart, L. E. 3 Q,. B. 244 ; 37 L. J. M. 0. 70 ; 16 "W. E. 896 ; and Winn v. Mossman, L. E. 4 Ex. 292 ; 38 L. J. Ex. 200 ; 20 L. T. N. S. 672 ; 17 W. E. 924. Municipal Corporations Act, 1882. 233 ss, 221— 223 (2.) But this section shall not apply to a fine, penalty, or forfeiture, or part thereof, where the Act under which it is recovered — (a) Directs payment thereof to the informer or to any person aggrieved ; or (b) If passed since the Municipal Corporations Act, 1835, directs that the same shall go in any other manner, and not to the borough fund (ot) ; or (c) Eelates to the customs, excise, or post office, or to trade or navigation, or to any branch of the revenue of the Crown (n). 222, Where the offices of town clerk and clerk of the Duties of peace for a borough are not held by the same person, the al^tofiL^s^and clerk of the peace [nn) shall perform all duties imposed on the forfeitures. town clerk by the Act of the third year of King George the Fourth, chapter forty-six, " for the more speedy return and levying of fines, penalties, and forfeitures, and recognizances estreated ;" and the clerk of the peace shall make all returns, issue all processes, and do all other acts required by that Act to be made, issued, and done by the town clerk. 223. Any summons for appearance, warrant to enforce Service of appearance, warrant for apprehension, or search warrant (o), ^'^^^^^"'^ may, if issued by a justice for a borough (j»), be served or executed in any county wherein the borough or any part thereof is situate, or within any distance not exceeding seven miles [q) from the borough, and, within those limits, shall have the same effect as if it had been issued or indorsed by a justice having jurisdiction in the place where it is served or (m) See sects. 253, 254 of tlie Public Health Act, 1875 (Local and Municipal GoTernment, pp. 182, 183). [n) See Seaman's Hospital Society v. Mayor, &c. of Liverpool, 4 Exch. 180; 18 L.J. Ex. 371. {nn) See L. G. Act, s. 83, p. 113, ante. (o) A warrant of commitment is not witlxin the section: B. v. Gumpton, L. E. 5 Q. B. D. 341 ; 49 L. J. M. 0. 41 ; 42 L. T. N. S. 543 ; 28 W. E. 539. {p) The mayor of a borough without a commission of the peace is a justice of the peace for the borough: Wilson v. Strugnell, L. E. 7 Q. B. D. 548 ; 50 L. J. M. 0. 145 ; 45 L. T. N. S. 218 ; 45 J. P. 831 ; 14 Cox, C. 0. 624. . (}) As to measurement of distances, see sect. 231, post. 234 Appendix. ss. 223— 225 executed, and may be served or executed by the constable or special constable to whom it is directed. Procedure in 224. — (1.) An action to recoTor a fine (r) from any nerson penal actions „ ,• • , re- •,-, , , . J i^ '■"^^ against corpo- ±0^^ actmg m a corporate oliice without having made the rate officers, requisite declaration, or without being qualified, or after ceasiug to be qualified, or after becoming disquahfied, may not be brought except by a burgess of the borough (s), and shall not lie unless the plaintiff has, within fourteen days after the cause of action arose, served a notice in writing personally on the person liable to the fine of his intention to bring the action, nor unless the action is commenced within three months after the cause of action arose. (2.) The Court or a judge shall, on the application of the defendant within fourteen days after he has been served with writ of summons in the action, require the plaintiff to give security for costs. (3.) Unless judgment is given for the plaintiff, the de- fendant shall be entitled to costs, to be taxed as between solicitor and client. (4.) Where any such action is brought against a person on the ground of his not being qualified in respect of the estate {t), it shall lie on him to prove that he was so qualified. (5.) A moiety of the fine recovered shall, after payment of the costs of action, be paid to the plaintiff (m). Quo warranto 225, — (1.) An application for an information in the nature and manda- ^ ' ^'■. ,..,,,, mus. of a quo warranto against any person claiming to hold a cor-i porate office shall not be made after the expiration of twelve months (x) from the time when he became disqualified after election (y). (r) See sect. 41, ante. (s) As to wliether it is essential to state in tlie pleadings that tlie plaintiff is a burgess, see Simpson v. Ready, 12 M. & W. 736 ; 13 L. J. Ex. 193. (t) See sect. 11, ante. {ti) See sect. 221, ante. As to action by corporation to recover half the penalty, see Mayor of HarwicJi Y. Oant, ante, p. 211. [x) As to computation of time, see sect. 230, post. {y) See sect. 87 (1) (c) and (2), ante. It is witliin the discretion of the Court to say whetber an informa- Municipal Corporations Act, 1882. 235 s. 225. (2.) In. the ease of such an application, or of an applica- ' tion for a mandamus to proceed to an election of a corporate officer, the applicant shall give notice in writing of the appli- cation to the person to be affected thereby (in this section called the respondent) at any time not less than ten days (s) before the day in the notice specified for making the applica- tion («). (3.) The notice shall set forth the name and description of the applicant, and a statement of the grounds of the applica- tion. (4.) The applicant shall deliver with the notice a copy of the affidavits whereby the application will be supported. (5.) The respondent may show cause in the first instance agaiast the application. (6.) If sufficient cause is not shown, the Court, on proof of due service of the notice, statement, and copy of affidavits used in support of the application, may, if it thinks fit, make the rule for the information or mandamus absolute. (7.) The Court may, if it thinks fit, direct that any issue of fact on an information be tried by jury in London or at Westminster. (8.) The Court may, if it thinks fit, direct that any writ tion in tte nature of a quo warranto will be granted or refused : B. v. Trevenen, 2 B. & A. 479 ; B. v. Parry, 6 A. & B. 810 ; 2 N. & P. 414 ; B. v. Ward, L. E. 8 Q. B. 210. An inhabitant of the boroiigli and subject to the government of the council, though not a burgess, may be 'relator: B. v. Parry, supra; B. V. Quayle, 11 A. & E. 508; 5 Jur. 386; B. v. Hodge, 2 B. & Aid. 344 n. ; but see B. v. TUrlwind, 33 L. J. Q. B. 171. As to objection that relator has been guilty of aoqtdescence or concurrence, see B. v. Parry, supra; B. v. Shjthe, 6 B. & 0. 240 ; B. v. Greene, 2 Q. B. 460 ; but see B. v. Benny, 1 B. & Ad. 684 ; and B. v. Brame, 4 A. & E. 664. As to security for costs, see B. v. WaJcelin, 1 B. & Ad. 50 ; and B. v. Greene, 4 Q. B. 646. As to discretion of Court with regard to costs, see B. v. Blizard, L. E. 2 Q. B. 55 ; 36 L. J. Q. B. 18 ; 15 L. T. N. S. 242 ; 15 W. E. 105. (z) As to computation of time, see sect. 230, post. {a) As to the apphcation of certain Eules of the Supreme Court to mandamus and quo warranto, and as to title of affidavits, see Eules of the Supreme Court, 1883, Ord. LXVIII., rr. 2, 4. 236 • Appendix. ss. 225, 226. ~^ of mandamus issued shall te peremptory in the first in- stance. Provisions for 226. — (1.) An action (a) , prosecution, or proceediuff against protection of /,\ c i i • ,7 persons acting any person (o) tor any act done m pursuance or execution or . imder Act. intended execution of this Act, or in respect of any alleged neglect or default in the execution of this Act (c), shall not lie or be instituted unless it is commenced {d) -within sis months next after the act or thing is done or omitted, or, ia case of a continuance of injury or damage, within six months next after the ceasing thereof (e). (2.) ■ Where the action is for damages, tender of amends before the action was commenced may, in lieu of or in addi- tion to any other plea, be pleaded. If the action was com- menced after the tender, or is proceeded with after pay- ment into Court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered or paid, he shall not recover any costs incurred after . the tender or payment, and the defendant shall be entitled to costs, to be taxed as between solicitor and client, as from the time of the tender or payment : but this provision shall not affect costs on any injunction in the action (/). (3.) Subject and without prejudice to any other powers, {a) As to aotion of replevin, see Jones v. Johnson, 6 Ex. 133. (ft) See Boyd v. Croydon Ey., 4 Bing. N. 0. 669. By Eules of the Supreme Court, 1883, Ord. IX., r. 8, "In the absence of any statutory provision regulating service of process, every ■writ of summons issued against a corporation aggregate may be served on the mayor or other head officer, or on the town clerk, clerk, treasurer, or secretary of such corporation." (c) This latter clause meets the case of King v. Burrell, 12 A. & B. , 460. {d) See WiUace's case, 1 East, P. 0. 186 ; and per Lord EUenborough, . 2 M. & SeL at p. 72. (e) As to notice of action under sect. 264 of the Public Health Act, 18Y5, see Local and Municipal Government, p. 188. (/) Under the corresponding section in the previous enactment, 6 & 6 WUl. 4, c. 76, s. 133, it was held that where a constable is sued for anything done in the exercise of his general duty as constable, and the plaintifl becomes nonsuit or discontinues, the defendant is entitled to double costs under 21 Jac. 1, c. 12, s. 5 : Maberley v. Titterton, 7 M. & W. 540. Municipal Corporations Act, 1882. 237 ss. 226, 227. the council, where the defendant in any such action, prosecu- tion, or other proceeding is their officer, agent or servant, may, if they think fit, except so far as the Court hefore which the action, prosecution, or other proceeding is heard and de- termined otherwise directs, pay out of the borough fund or borough rate all or any part of any sums payable by the defendant in or in consequence of the action, prosecution, or proceeding, whether in respect of costs, charges, expenses, damages, fine, or otherwise [g). 227. — (1.) Where a person charged with a petty misde- Power for meanour is brought without the warrant of a justice into the constables to custody of a borough constable during his attendance at take bail. a watch-house in the borough, at any time (by day {h) or night) at which a justice is not actually sitting for the public administration of justice at the justices' room, or town hall, or other place used for that purpose in the borough, the con- stable may, if he thinks fit, take bail without fee from that person, by recognizance conditioned for his appearance for examination within two days before a justice in the borough at some time and place therein specified. (2.) A recognizance so taken shall be of equal obligation on the parties entering into the same, and liable to the same proceedings for the estreating thereof, as if taken before a justice. (3.) The constable shall enter in a book, kept for that pur- pose in every watch-house, the name, residence, and occupa- tion of the person entering into the recognizance, and of his surety or sureties, if any, with the condition of the recog- nizance, and the sums acknowledged. (4.) The constable shall lay the book before the justice present at the time when and place where the recognizor is required to appear. [(5.) If the recognizor does not appear at the time and place required, or within one hour after, the justice shall cause a {g) This sub-section provides for siioli a case as that of S. v. Mayor of Exeter, L. E. 6 Q. B. D. 135 ; 44 L. T. N. S. 101 ; 29 W. E. 441 ; 45 J. P. 158. (A) The power to take bail "by day" is new. 238 ss. 227, 228. Appendix. record of the recognizance to be drawn up and signed by tHe constable, and sball return the same to the next court of quarter sessions for the borough, or, if the borough has no separate court of quarter sessions, for the county in which the borough is situate, with a certificate at the back thereof, signed by the justice, that the recognizor has not complied with the obligation therein contained. (6.) The clerk of the peace shall make the like estreats and schedules of every such recognizance as of recognizances for- feited in quarter sessions (A).] (7.) If the recognizor applies by any person on his behalf to postpone the hearing of the charge against him, and the justice thinks fit to consent thereto, the justice may enlarge the recognizance to such further time as he appoiats. (8.) When the matter is heard and determined, either by the dismissal of the charge, or by binding over the recognizor to answer the matter of the complaint at quarter sessions, or otherwise, the recognizance for his appearance before a justice shall be discharged without fee. PAET XIII. Boundaries of boroughs and transfer of parts to counties. GrBNERAL. Boundaries (A). 228 (^). — (1.) Every place at the commencement of this •Act included within each borough then existing, and no other place, shall be part of the borough, and in each borough then existing which is a county of itself, shall be part of that county and of no other, as if this Act had not been passed. (2.) Where under the Municipal Corporations Act, 1835, or any Act amending it, any such county or borough does not, at the commencement of this Act, include a place which, before the passing of the Municipal Corporations Act, 1835, was part thereof, that place shall continue to be part of the county wherein it is situate, or with which it has the longest common boundary, as if this Act had not been passed. (A) Sub-sects. (5) and (6) are repealed : 47 & 48 Vict. c. 43, s. 4. ijc) Tlie provisions of this Act as to boundaries do not apply as regards county councils : L. G. Act, s. 75 (16) (6), ante, p. 103, Municipal Corporations Act, 1882. 239 ss. 228, 229. (3.) But nothing in this Act shall prevent any gaol, house of correction, lunatic asylum, court of justice, or judges' lodging, which at the passing of the Municipal Corporations Act, 1835, was, and at the commencement of this Act is, taken to he, for any purpose, in any county, from being still, for that purpose, taken to be in that county, as if this Act had not been passed. (4.) Any gaol. Court, depot for arms, and any land thereto belonging, which at the commencement of this Act is parcel of a county, shall continue to be parcel of the county, and under the exclusive jurisdiction of the authorities of the county, as if this Act had not been passed. (5.) Nothing in this Act shall be construed to affect the assessments of the land tax or assessed taxes, as those assess- ments exist at the commencement of this Act, or to extend or diminish the jurisdiction of any commissioners of those taxes, as such commissioners then exist ; but all lands, and all parishes, parts of parishes, and places shall continue to be charged as at the commencement of this Act towards the land tax charged on the county or other district whereof at the commencement of this Act they are part, and to be subject in that behalf to the jurisdiction of the commissioners of the same county or other district, as if this Act had not been passed. 229 (/). If any place which, under the Municipal Corpora- Adjustment tions Act, 1835, or any Act amending it, ceased to be included boroughs and in a borough or county of a town or city, was before the passing "^^"''^^^f '^ of the Municipal Corporations Act, 1835, liable to contribute boundaries, to any rate for satisfying any lawful debt to which the rate- payers of that borough or county were then liable, and if after the commencement of this Act any difference arises con- cerning the proportion of that debt to be contributed in respect of that place, the Secretary of State, on the applica- tion of the council, or of the chairman of a public meeting of the ratepayers of the place, may appoint by writing under his hand a barrister not having any interest in the question to arbitrate between the parties, and by his award under his hand and seal to assess the proportion aforesaid, if any ; and the arbitrator shall assess the costs of the arbitration, and direct by whom and in what proportion and out of what fund {I) See note (&), ante, p. 238. 240 ■ Appendix. ss, 229, 231. they shall be paid ; and the rate aforesaid shall continue to be levied by warrant of the council and to be paid by the place aforesaid to the treasurer of the borough, as if the Municipal Corporations Act, 1835, or any Act amending it, or this Act, had not been passed, until the proportion afore- said is satisfied, and no longer. Time {I). Computation 230. — (1.) Where by this Act any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the com- putation of that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next fol- lowing day ; and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so com- puted, unless the last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified. (2.) Where by this Act any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due ■ time if it is done or taken on the next day afterwards, not being one of the days in this section specified. (3.) Where by this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time. Distance. Measurement 231. The distances mentioned in this Act shall be measured of distances, j^ ^ straight line on a horizontal plane, and may be deter- mined by the map made under the survey commonly known as the Ordnance Survey. {I) Where any particular hour is mentioned, Greenwich time is to be followed: 43 & 44 Vict. c. 9. Municipal Corporations Act, 1882. 241 ss. 232, 233 JS'otices. 232. Any notice or other document required by this Act Notices on to be fixed on the town hall shall be fixed in some conspicu- °^™ * ' ous place on or near the outer door of the town hall, or, if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates. Inspection and Copies. 233. — (1.) The minutes of proceedings of the council Inspection of 1 11 T 1 • • !■ 1 f documents. shall be open to the mspection of a burgess on payment of a fee of one shilling, and a burgess may make a copy thereof or take an extract therefrom {in). (2.) A. burgess may make a copy of or take an extract from an order of the council for the payment of money. (3.) The treasurer's accounts shall be open to the inspec- tion of the council, and a member of the council may make a copy thereof or take an extract therefrom. (4.) The abstract of the treasurer's accounts shall be open to the inspection of all the ratepayers of the borough, and copies thereof shall be delivered to a ratepayer on payment of a reasonable price for each copy. (5.) The freeman's roll shall be open to public inspec- tion, and the town clerk shall deliver copies thereof to any person on payment of a reasonable price for each copy (w). (6.) A document directed by this Act to be open to inspec- tion shall be so open at any reasonable time during the ordinary hours of business, and without payment, unless it is otherwise expressed. (7.) If a person having the custody of any document in this section mentioned — (a) Obstructs any person authorized to inspect the same in making such inspection thereof as ia this section mentioned; or, (b) Eef uses to give copies or extracts to any person entitled to obtain the same under this section ; he shall, on summary conviction, be liable to a fine not exceed- ing five pounds. (m) For " burgess" read " burgess or county elector." As to giving minutes in evidence, see sect. 22 (5), ante. (n) As to parish burgess lists and lists of claimants and respondents, see sect. 75 (2), ante. 242 Appendix. ss 234—236 Fees. Tables of fees 234. The town clerk («) of every borough, shall cause a true copy of the tables of fees for the time being authorized to be taken by the clerk of the peace (w) (if any) for the borough, by the clerk to the justices {p) (if any) for the borough, and by the registrar and officers of the borough civil court (if any), to be posted conspicuously in the following places : (a) The room where the business of the town clerk's office is transacted ; (b) The room, if any, where the justices of the borough sit for transacting their business ; (o) The room, if any, where the Court of quarter sessiona of the borough is held ; and (d) The room, if any, where the borough civil Court is held. Seals and Signatures. Porgery. 235. If any person forges the seal or signature affixed or subscribed to a bye-law made under this Act, or the signature subscribed to any minute of proceedings of the council, or tenders in evidence any such document with a false or counter- feit seal or signature, knowing it to be false or counterfeit, he shall be liable to imprisonment with hard labour for any term not exceeding two years. Applications to Treasury. Notice of 236. — (1.) Where the council intend to apply to the and oon^e°^ ° Treasury for their approval of any sale, loan, or other finan- pondencewith ^^^i arrangement under this Act, notice of the intention to make the application shall be fixed on the town hall (r) one month at least before the application (s) , and a copy of the intended application shall during that month be kept in the town clerk's office, and be open to public inspection {t). (2.) If the Treasury either refuse their approval or grant (n) See L. G. Act, sect. 75 (5), and sect. 82, pp. 101 and 113, ante. Ip) See Justices' Clerks Act, 1877 (40 & 41 Vict. c. 43), s. 8. {r) See sect. 232, ante. [a) As to computation of time, see sect. 230, ante. («) See sect. 233 (6), (7), ante. Municipal Corporations Act, 1882. 243 ss 236—240 it conditionally or under qualifications, notice of the corres- pondence between the Treasury and the council shall forth- with and during one month be fixed on the town hall, and a copy of the correspondence shall during that month be kept in the town clerk's ofiice, and be open to public inspection. Deputy. 237. No defect in the appointment of a deputy under this -Acts of de- Act shall invalidate his acts (m). invalidated by defect in „ appoiatment. Overseers. 238. — (1.) Every matter by the Municipal Corporations Notices to Acts directed to be done by overseers may be lawfully done o"ej.sTera.^ ° by the major part of them. (2.) Any notice by the Municipal Corporations Acts re- quired to be given to overseers may be delivered to any one of them, or left at his place of abode, or at his office for transacting parochial business. Declarations and Oaths. 239. — fl.) Where by or under this Act a declaration or Power to oath is required to be made or taken by the holder of a cor- oaths, &o. porate office or other person before the council or any members thereof, or any other persons, they shall have autho- rity to receive and administer the same without any com- mission or authority other than this Act (x) . (2.) Nothing in this Act in any case shall require or authorise the taking or making of any oath or declaration that woidd not have been required or authorised under the Promissory Oaths Act, 1868, or otherwise by law, if this Act 31 & 32 Vict. had not been passed, or interfere with the operation of the Promissory Oaths Act, 1868. Forms. 240. The forms in the Eighth Schedule or forms to the ^°^^^^ like effect, varied as circumstances require, may be used, and shall be sufficient in law (y). (u) This provision is new. . j ■ • j. „„ (x) But county councils or members thereof cannot admmister an oath: L. Q. Act, sect. 78 (2) (b), p. 108, ante, {y) See further sect. 72, ante. R 2 244 Appendix. ss. 241, 242: Misnomer or Inaccurate Description. Misnomer or 241, No misnomer or inaccurate description of any person, description body corporate, or place named in any schedule to the Muni- not to Hnder. pjpa,l Corporations Act, 1835, or in any roll, list, notice, or voting paper required by this Act, shall hinder the full' operation of this Act with respect to that person, body cor- porate, or place, provided the description of that person, body corporate, or place be such as to be commonly understood (2). Substitution informer Acts (a). Provision for 242, — (1.) In the several enactments described in Part I. rci6rciic6s m unrepealed of the Ninth Schedule, a reference to this Act shall be 5^6 wm*lV (D nd ^ =g -H •^ O i Pi O QQ 0) .=s 00 00 ^ ou I— 1 '^ O rd cU y '^ crt a ^ c3 1^ rt CO W =4H Ti O S t ^H O O H t;^ ^ o -(-> & C3 t &n 1 o O ^ UJ o ^ o i-gl?.i a B a s iri ■gl en il CO -■g-s Da 05 00 K>r3 I.2S.S p 60*^ OS'S ■wllsfi i^ 2 £ 3 &® S COOSCOiOCDCiCSCOt^-sHOOvnTti^tOOt-OOi-HCTOCOCO ^0:,C0eDC0(MQ0OTHvCl>-C0C0Ob-Q0iC(N«U500eD0i SK2| OiCDQO3< iH onao 1— i-#Q0iOC0U5T-HUSC<)Tj-i>-eoot-t-i-'lr-C003C0Q0':000N-r-t "^ 'O^'* I-H t-H CO I-H CO W »0 rH lO CO i-l CRC:iN-l>-OCOCq#COCON-U50>3r; S2S52 .— It— eDco-#coco^cocooooi(MN-cot*eoeooOr-icoooo> SSS 0ar-((NC0CDC0O«>'©t-l50-^C0r-C»TtlOiOC0-roo c»D"a^^^u^'co co^NTf-H r^co lO o"oo "iS;" i-HrHi-tCO i-l«Cq -^MN -^OrH tHrH rtNi-C I o s S g g 1 Financial Statement 267 co^t^ rfT cT .-T i-T cpo" tjT tjT ^" (xT r-T I— I T— 1 rH «3 ^i>-OSCO OOi— ll>-CDQOCOCO>— I ■t CO 00 CO d-CO .— I Tp CD O OiC^IOOii— icoCDi— tCO(Ni— (CO OOOvOtOr- icocOCDiOCOt^cD (MOSOOiCDomcawSGOas^ a CO CO CT) 1 (O CO t- 3 o CO as OiCOOi-tOCOCOCQ (OCDCOr-IOOSOr-l CO" C-coi>-T^i-H-:j(i-r rn" i-T S T-H l— CO 3 CO CO 00 1 (M (M CD COOiOOt— TjiiC^t— lO UN (M l>- r ccT cT (M'MOOiOCDCOCflt-CO-^-^ COCCtOCDrHVCOl"— CD(MC^O> OQO— iiOi-HCOt— CDOS(N»f3CO - 00 CO W3 S OS Ca t:J< » -t-00I>- i-HO>-Hif3COOC5CD t--CDrH05r- lOQOkO COCDOit--asOC001(NiO>^N cocococNt— I— lastMTHuacOl— I I— I C<) t-, r-( (N 1 -^ to CO J CO iC CO ■i to .COCOTpiOCO t— OCNOC0 00C^CDif3C0iO>O cor-Hio-^cocao (Nco iCO-li-tU3 IQ0003 I— it—iooscot—wai— ( lOJOiCO COCO-^W3CO<— l"*C^ rocreo"co^ cT ■^^co'cTio'oo'io vcT l"*r-(C^ CO"* rHCq>-li-HOi OOC005lr-t— l>-O00CJ>d»O OOOCDCOCOOSCNOCOi-ICOrH t— cooiwricoTt*cocDcot— 00-* i-TTjTrn'io'io'vrs'Tiri-ri-H d co^ &0 6D ■4-3 -jr an p^ 00 Ph 0) - 5D O t^ 1-1 CO 00 «0 eo rH r-( Ol , _ (N OS CO S^ 00 CO t- cq OS M OS 1-t 00 ^ CO -# 00 wa N o CO t-- (N CO '^ --( 0> qq ^ O *^ CO US CO us eo rt ,-H CM « oeq «S O CD ■<^ CO US '^ CO cq ■xi< CO N OS 1>- O t- CO i-l OS 00 ^ v\ s : % Ches ead . (count -sr! rt ^ J S< S "S o i^S 1 fl ^^ :! 1 3 Financial Statement. 269 3 CO '^ ^-t^«5 nH D -N CO tH ?0 CO <0 3 Oa t^ 00 CO CO CD j" co" o" cT CD oT irT o t- o o »ra vra ^ CO CJ CO ^ rt< .-H CO I^- CD ■?!< oi i>- ^ O O CO Oi T-H (N 3 I— ( (M CO tH CO tH n CD W (O i-H i-H (M CO 3 O CD Oi 00 (N O 3 CO d vO O If? rJ4 - t-- CO CO CO O OS W3 CO O "* o o lO CO CD O ■* CO t- -rtH (M H Its vo ■^ oq CO CO -I (M lo o cjs CI r^ 3 CO O (M lr~ Th "^ CO C<1 UO t^ >0 --^ CM 3 O CO r-t I— ( CO t— ■3 t- r^ CO r- Tt< CO Fi (N -* -.^ rH t- i-H ^ t^ lO en CO TtH CO IC CO CO CO CO :> I>- (N 'rf* N O CO t< IC cq CI OS CD CD > O CO CO T— I Th I— I CO i-H CO r- oq CO CO rH I-H i-( (M 3 O 00 O Tt< D Cq C^ N 3 OS ^ 00 OS CO O 3 !>. t- 00 OS c:a rt< 3 !>■ "^ -^ CO Th «-H vrs CO t— OS «3 00 CO i}< n" i-T-^co* (NO cocn O --I -^ CO CO -^ rH «D b-CD OS tN (N OS .-H "S o S HP ui r- O CO — ' O ■* !>• CO CD ^ (N'co'c^rH'tN' C<1 CO OO t— (M CM Ci .—I (N vO CO CS) '*"co'"crq' ,-h" CD o c^Tco" O t- 00 t- O CM O lO lO OO rr-ri-r ^ tH CO iC iC CO CO CO lO i.-~ O CO .— I t- (N 1.0 .-1 lO W3 00 >— I CO r- o -* f— I CD -*i "tH OS O OS CD OS CD -"^ CO -* rH CD Co't^tN't-^ CD lO OS OS CO ^ (M OS ,— t lO o O VQ CO ».0 CO GO I— .— 1 cq CJi VO 00 U3 CD CO ^ lO CJS 00 lO CO crs (M o o VO U3 lO ^ CD t- - Jr^ O OO 00 W OS (M t^ - CO ^ .— 1 CO I— 1 ■— 1 00 i-Ti-T of *^ CO^ CO i-i t^ J:^ CO r- i-T ^ Licences for the ailing" of Beer luding Cider) , its, "Wine, and ts (including oe- onal Licences). Oi Oi tr^ tr^ Oi CO cq l>- CO 00 OS 00 CO U3 OS CO UO CO ■'*^ -"^H OS 1>- CO t— OS "^ OS f-H (N^QO^CO^ t-^CO O O CO 1— 1 I— I i-H . Qo"or d d.tr mmmoo ,__, ^ _ oofl fl Pf d (S as! H i-aw I" CO (D o -P d o^ MWMM 272 Appendix. 2^3 Is^ o -3 o © §s GO rj -^ 00 .3 -^ -d '^ "^ S ^ o -^ d rd , O H flr-d EH g^ o CO o t- o OS CO CO W OiO 00 f-f Oi ^ M W .a mS a ■i=^g 60 a n I 3 S f ^ Lj H H (U (U ir^ _j rt [2 <^ _^ ..'3 m S3 d „:t5 1^. 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CO Ol-^CDCOCOi-Ht^CO t-OC<)OCOCO!MO CO p-H lO "^ CO cq (M CO -^ U3 CO »0 CO «3 IQ H >< IE > — s. fl g C3 g S "^ H s ^ •■-( 13 S '-' O ti 274 Appendix. ri m S -3 w ri tit i-H u) lO CO C4 ■aojio^ iiB^T|0*io^9K "S 2 I ° » sqSnojoa sai^jaqyi pu-e' HspnnoQ sqSnoJoa ■sai;j8qri pn^B eap^imoo I ■i98l '[^oy uor^'Biiioo'Bji^ aq:j jo 9 '!jODg japtm.BJoq.'Bnpo'Bj^ •gq:j'Ba'eQOiO - CO 3tOQ -CD(MC001iC(NO<-l -I M lO (N (N COeOfN WN ' lOraCDNt.; eoo in 00 1 1 2, ,§ss§Sr tH 0«0h f «iosDQOwoo50"*OiciT-iot>t-O-*CTCi3C0SW Oi -H jinT»i,-iW-*M<0 C0CO00t>b> 5 eo eg o to ■* £» a toco woo OOC ,CO(N©»»HO^!NinQpiO-«'t-CO>Hr ■i iH tH ^ C^ W iH iP^m IH iH N « iH T , ^ t'j ^r «.j L'*- VJ -^r ^j' -,-, "i-Tw t^io ffl "ji c- w^ s) coo t-ino BCO-^"'"-' H -^"i-r ^ fh'co eg T^ in ■5 ilaJ lillBlfggliPlIlP i lilll Financial Statement. 275 »O|>0D-*<3i_t> -^_^a^Cq (ft -* o W ■^Cif l> tToDCO tv CO ITS lO ©f to w I I' l« I I I I I I I I I I I I I I " I ^ I 1 I "- 1 1 "^ I J T*H 05 .-^OTfOlOi-it- i-^lO to r> -H^tN 'OCVltDCO»nOS(NeOO WCOi-ICTTjiCOeOCDr-KNiH lo lO o CO CO -^ a r- Oi O QO O t- -^ THrH CO (MNrHCOCO-^COOli-HNi- ti fl (11 fO <» s^ si n'ifl ^1 9i icosw-H^cOi-i-itieoaDCDCO o-vcNto-^iomcctrxNt-co COCOtN-^OlOCOlO'MlOCOO; eoioiociosb-ooow^ojcD ■^.HQOi-lr-ITjilOlCC-'-lr-f 1«l THCOiHi-fCOOCOCDeDOCO-* intNOOO-rHlOfNCOOCOt*^ "rJ< o §8 fs CO s 5 & c6 O bD III Sh T 3 276 Appendix. no 3 .g m .fro .g O M ■a 2 rS .g s 'I '^ cB fr 03 g ■fc O .^ CC m <3 •+3 IE 03 O I o 4 1=1 o a cs o 43 o 3 ft o 03 -4 - 03 fe ^^ ^ ITS ^ g ^ CD g 00 PhoO 03 00 (C 03 ah ■Z6 'S *Si '0 •snoT^no9soij •saOTi-Esmjiq; JO sjo^oadsni pu-e •Z98i; *:joy uoi^'BtnoO'B^ etp. JO g uopjoag japuti sioij'BniooB^ OTiqim oq, sq.uera^'B J JO si'BJ^eiSaa; •sxooqog Hl'B'-i 100^ ni siaqoBax JO sau-Bi-Bg •giaorgO T^TP^H •BpBOTj nrepii; ptTB p9:^d;nJii;;8T(i •soiq.'BTmrj TiSnoioa piXB 'Xq.mioQ 'aota_Q •^ o CO o CO CO 1-4 tW \a CO O Oi w I 1 I CO i>- CO CO X CO cor- o ■* o < rH (N «5 00 l-H CO CD iH 00 cq lO 01 iH CO CD t* w CD ■^ o (N i-H "<^ 00 CO Jr^ "**< CO ■^ CO O W r- eo U3 i>.eo o o t*o Financial Statement. 277 ■^OC5COCOQO"^CO.— tCQt~ CO ■* i-H oa t- O CO CO CO •^ CO t— -^OOCJOC^lCOOt^QO r-COOMlOOOOt^CTSVOOi t-t-coj>-t— ascD{Nr-cocD r-( O O QO COCO-^COCNONTtfiOOO'— I CDOCTiOitMOSOlOSCSICOCSl TtHOOi-HrHCOCOi-lC^CflCDtN CO -^ CO 00 i-H W3 I I *-- M r- o CO (M 1— iosmiot>-t--i— icooocom "*TjHi-HCSir-co-^'^c<)(MTH coco 1— tCOOOSCOrHOO ■^OS COOOiO.aCOrH l>-OQOOOUSOiCNCOOCOaO N g n PQ pq W i4 3 O PM Ph CQ 02 ^s a Hi a fq ^5 -S Pi S i as P-ICC 278 Appendix. .a t 'ca Tnb s el O =*-! • rH fci o o P^ m !fi (B ml unti .rt o a .2 O 'u a pi rj 2 -S ^^ □Q ^ .s Pi 03 ^1 t '^ Ct3 , g >^ PI ^H PI $ 1=1 F! •g O cS <» "S ^^ 1^ J C3 P^ been the 'TIS PI -i^ o 05 iS ;> d c3 o a> -«§ a ^? -73 ited over § 2 S fl •r-H C ■^H a> 33 -tJ P-I a o 1 PM £ ^- a =* • H .a CD O ^ CD 'H cS 6C » i^ P. 00 f-l _, 1— 1 ^■^ 03 1 8^ ■-3 fH- -1 ^' d cs CD 0) SH si T^OSOS CO OOO t^ Cft tJ (NCTSt- w CNO OS CO S t^CD^ ^^ -1'-' «= M i>. °i, 3 o ^ Co"cf lO '<*' CS1 o" oT co" vo" EH ^ ^ CO « ^ ■26 'S '9i -0 ■?0!A tS 5 S6 rapnti "^ 1 1 ! 1 1 1 1 1 1 siooqog iiB^naraaia 1 1 1 iO(M-* t- OtO O O CO » - V COt-vO O OO CO ^ o 3 (j-^CM^O^r-^ O^ CO^ TtH^ CO^ t^ o^ s ^ c O CO CO •snoi^nogaoij -_C?rHCO M CO-"*! U3 CO ■*« N M I^mrauo S? cq ^ •SSOTI^STn^ o o U3 s f o JO eiowadsni pnu =« r '-' •o , 1 1 1 I^P^H JO SJJ=B0 1 1 1 1 jBoipajt JO BBLiBX^g •2981 cocNio T*- THoa (o 00 U3 CO CO Qj 'i^OY Tioi^^mooBA cocoua CO coco (O r-t o ■^ CO o « ; •BMOtgo ITOfPSK ^^^^ CO U3 «: cs CO N (N axT, jooa: o. iO O cs CO O ^ « - «3 o «: t- O c» ■* •sp^oa urajAt =« r- o ^H C4 1 ; pUB pajiidnjn^STd 1 •^OO ■£) CDrH t^ O lO r-< -* - ■BOT:;Bmi'-[ qSnojog; 98 71 1,28 1,14 1,10 2,29 10,59 84 CO 5 o s pOT *i;jnnoo *aoia£L eT 1 ■s 1 * 1 1 J 1 i S "S a ^ ^• i 1 • J P !i t 1 1 1 1 I 1 1 I 1 ^ 1 1 , 1 ■» I'M 1 : ■1 , Financial Statement. 279 t^ CO CO ccT OS CO OS CO CO 1 1 CO 00 r-l .-1 Oi CO -^ CO 00 Oi ^ in CO^tNCO (M iH rH b-QOOOO Cq ij( CO !N t> CDCTCO I (onco I I 1^- puB s9T5,anoo ^iflCDooeooo co»o»n OJ CO -H CD ■* o OOOCD CO OS CO o CDCNOilT-t CO b-nco 03 COCOS t- ■4 b- 30Sb-0 (O t- T^O I hi to CD b OS — I cq CO CDC4 6 t-WCO 5 01 CM b- V 10(MC «0 i-n t- lo oi Th oi t- t- HCOtHCM'^'COCOCO OJ « CO o I r-( CO COOl 35 s O (D O CN O O OCOlOE^WiOG^SD oto-^mcoasOi-i (N(Ni-(C0C0'^C003 *# CD O QQ t \n Oi th CT *H CO IN (M CD in >o lO Ol tH rH tH CO ^ O CO 00 CD CO O -^ (M m -^ lO "O -^ O) I>.COO lOt-OCOWCDt-OS ■«* W 00 1-1 T-1 ■* »0 (N CO 0:1 CO t> tN (N 01 10 t- tH iH S3S O 01 r ■rHQO'-'i-'COOCOeO OlC^fMOlCit-COCD IQ d O 00 i-" if^G^CO^ d d ■ S s S ra Q, 53 t- b- 3sli'°Sga«a34o swig's la illsl ■3^ M-^ wis I'il^iii ill! '^"^g^"^' § 3 =8 .a 282 Appendix. No. 7.— STATEMENT showing the Proportion of the Prohate Duty Grant (1,800,000^.) which it is estimated will he received in each existing Geographical County of England and Wales, excluding the Metropolis, and in the Metropolis, if such Grant is apportioned on the hasis of the Mean Numher of Indoor Paupers (as defined hy Clause 21 (4) of the Local Government Bill) on the 1st July, 1887, and Ist January, 1888. ENGLAND (excluding the Metropolis). Bedford Berks Bucldngliam Cambridge Chester Cornwall Cumherland Derby Devon Dorset Durham Essex Gloucester Hereford Hertford Huntingdon Kent (excluding Metropolis) Lancaster Leicester Lincoln : Parts of Holland . . „ Parts of Kesteven , , Parts of Lindsey . . Middlesex (excluding Me- tropolis). Monmouth Norfolk Northampton Northumberland Nottingham Oxford Kutland Salop Somerset Southampton StafPord 7,696 16,308 9,622 11,851 3i,675 12,550 11,294 19,953 31,153 9,944 37,876 41,030- 40,370 7,536 13,164 4,202 57,745 221,904 15,827 4,750 5,231 11,143 22,446 12,238 30,558 13,683 19,481 18,244 11,861 1,313 16,082 28,197 42,664 58,906 Enolaud — cont. Me- SufEolk Surrey (excluding tropoHs). Sussex Warwick Westmoreland Wilts Worcester York, East Riding . . , , North Biding „ West Biding Total for England (ex- cluding Metropolis) . WALES. Anglesey Brecon Cardigan Carmarthen Carnarvon Denbigh Flint Glamorgan Merioneth Montgomery Pembroke Badnor Total for Wales The Metropolis . 21,474 35,232 36,045 55,535 2,993 17,564 21,833 19,670 18,423 82,117 I 1,212,383 Total for England and Wales 1,464 2,304 1,639 2,465 3,211 4,948 3,381 22,758 1,860 3,144 2,956 1,133 51,163 636,454 I 1,800, 000 Financial Statement. 283 No. 8.— STATEMENT showing the Proportion of the Probate Duty Grant (1,800,000^.) which it is estimated will be received in each Municipal Borough in England and Wales, with a Popu- lation over 50,000 at the last census and in the Counties of Cities mentioned on page 261, on the basis of the Mean Number of Indoor Paupers (as defined by Clause 21 (4) of the Local Grovern- ment Bill) on the 1st July, 1887, and 1st January, 1888. MUNICIPAL BOEOUQHS, &c. ENGLAND. Chester. Birkenhead Chester (county of city) . . . Chester and Lancaster. Stockport Derby. Derby Devon. Exeter (county of city) . . . Plymouth Durham. Gateshead South Shields Sunderland , Mssex. West Ham Gloucester. ■ Gloucester (county of city) . Gloucester and Somerset. Bristol (county of city) , . . Kent. Canterbury (county of city) . Lancaster. Blackhum Bolton Burnley Bury Liverpool Manchester Oldham Preston Ilochdale SaKord St. Helens Leicester. Leicester Lincoln [parts of Lindsey). Lincoln (county of city) . . . Norfolk. Norwich (county of city) . . . Northampton. Northampton Amount apportioned to each Municipal Borough. 6,260 3,843 2,097 4,825 3,362 6,345 3,031 3,437 5,638 7,337 1,313 18,489 2,134 4,608 3,872 1,313 1,945 53,146 41,125 7,724 4,079 2,342 15,241 2,569 7,819 . 1.237 5,590 2,172 MDOTCIPAL BOROUGHS, &o. Enqlakd — continued. Northumierland. Newcastle on Tyne (county of city). Nottingham. Nottingham (county of town) Somerset. Bath Southampton. Portsmouth Southampton (county of ^^'^) Stafford. Walsall West Bromwich Wolverhampton Suffolk. Ipswich Surrey. . Croydon Sussex. Brighton Warwick. Birmingham Worcester. Worcester (county of city) . . York, East Riding. Kingston-upon-HuU (county of town). York (county of city) York, North Riding. Middlesbrough York, West Riding. Bradford Halifax Huddersfield Leeds Sheffield WALES. Glamorgan. Cardiff a Total Amount apportioned to each Municipal Borough. £ 7,432 10,189 4,061 12,531 5,033 2,842 3,824 6,714 3,588 5,052 11,634 34,515 2,144 9,047 4,079 3,437 6,081 2,002 3,022 13,919 17,655 6,893 3,579 400,066 284 Appendix. No. 9.— STATEMENT showing the Proportion of the Prohate Duty Grant (1,800,000^.) which it is estimated will be received in each Greographical County of England and Wales, excluding the Metropolis, and the Municipal Boroughs and Counties of Cities included in Statements Nos. 2, 5, and 8 on the basis of the Mean Number of Indoor Paupers (as defined by Clause 21 (4) of the Local Goyernment BiU) on the 1st July, 1887, and 1st January, 1888. COUNTIES. AmoTmt apportioned to each County. ENGLAJ^D. Bedford Berks Buckingham Cambridge Chester (excluding the municipal boroughs of Birkenhead and part of Stockport, and the county of the city of Chester) . Cornwall '. Cumberland Derby (excluding the municipal borough of Derby) Devon (excluding the municipal borough of Plymouth, and the county of the city of Exeter). Dorset Durham (excluding the municipal boroughs of G-ateshead, South Shields, and Sunderland) . Essex (excluding the municipal borough of West Ham) Gloucester (excluding the counties of the cities of Gloucester and part of Bristol). Hereford Hertford Huntingdon Kent (excluding the Metropolis and county of the city of Canterbury) Lancaster (excluding the municipal boroughs of Blackburn, Bolton, Burnley, Bury, Liverpool, Manchester, Oldham, Preston, Roch- dale, Salford, St. Helen's, and part of Stockport). Leicester (excluding the municipal borough of Leicester) Lincoln : Parts of Holland , ,, Parts of Kesteven ,, Parts of Lindsey (excluding the county of the city of Lincoln) . Middlesex (excluding Metropolis) Monmouth Norfolk (excluding the county of the city of Norwich) Northampton (excluding the municipal borough of Northampton) . . Northumberland (excluding the coxmty of the city of Newcastle-on- Tyne). Nottingham (excluding the county of the town of Nottingham) .... Oxford Butland Salop Somerset (excluding the municipal borough of Bath, and part of the county of the city of Bristol). Southampton (excluding the municipal borough of Portsmouth and the county of the town of Southampton). £ 7,696 16,308 9,622 11,851 24,089 12,550 ll,29i 15,128 22,446 9,944 25,770 33,693 21,814 7,636 13,164 4,202 55,611 83,326 8,008 4,760 6,231 9,906 22,446 12,238 24,968 11,511 12,049 8,066 11,861 1,313 16,082 22,890 25,1C0 Financial Statement. 285 COUNTIES. Enslaito — cont. Stafford (exoludmg the munioipal boroughs of Walsall, West Brom- wioh, and Wolverhampton) . Sufiolk (excluding the munioipal borough of Ipswich) Surrey (excluding Metropolis and the municipal borough of Croydon) Sussex (excluding the munioipal borough of Brighton) Warwick (exoludmg the munioipal borough of Birmingham) Westmoreland Wilts Worcester (excluding the comity of the city of Worcester) Tork, East Riding (excluding the coimty of the town of Elingston.- upon-Hull and the county of the city of York). ,, North Riding (excluding the munioipal borough of Middles- brough). „ West Riding (excluding the munioipal boroughs of Bradford, Halifax, Huddersfield, Leeds, and Sheffield). WALES. ea Brecon. Cardigan Carmarthen Carnarvon • • Denbigh Elint ■ Glamorgan (exoluding the municipal boroughs of Cardiff and Swansea) . Merioneth Montgomery Pembroke • Radnor • Total Ajnoimt apportioned to each County. 45,526 17,886 30,180 24,411 21,020 2,993 17,564 19,689 6,544 14,986 39,538 1,464 2,304 1,539 2,465 3,211 4,948 3,381 12,286 1,860 3,144 2,956 1,133 863,480 286 Appendix. No. 10.— STATEMENT showing the Estimated Annual Expenditure for Main and Disturnpiked Eoads in each Geographical County in England and North Wales, excluding the MetropoKs, and also showing the Estimated Annual Expenditure on the Turnpike Eoads in the six Counties of South Wales. COUNTIES. ENGLAND. Bedford Berks Buckingham Cambridge Chester Cornwall , Cumberland Derby Devon Dorset Durham Essex Grloucester Hereford Hertford Huntingdon Kent (excluding Metropolis) Lancaster Leicester Lincoln : Parts of Holland . ,, Parts of Kesteven . ,, Parts of Lindsey . Middlesex (excluding Metro- polis) . Monmouth Norfolk • Northampton Northumberland Nottingham Oxford Estimated Annual Expen- diture for Main and Disturn- piked Roads. 11,711 13,622 12,992 4i,072 11,774 8,640 27,462 24,414 15,428 18,134 40,192 39,820 15,162 11,340 5,578 51,249 73,596 12,386 4,194 10,317 15,174 43,700 8,832 17,010 20,893 16,392 14,154 15,407 COTOTTIES. Enoland — cont. Butland Salop Somerset Southampton Stafford SuflEolk Surrey (excluding Metro poUs). Sussex Warwick Westmoreland Wilts Worcester Tork, East Hiding ,, North Riding „ West Hiding Total NORTH WALES. Anglesea Camarron Denbigh Flint Merioneth Montgomery , Total Estiinated Annual Expen- diture for Main and Disturn- piked Eoads. 2,654 17,126 36,652 12,872 39,124 4,090 32,910 30,084 17,418 4,464 28,270 22,395 5,904 8,498 77,663 952,553 112 4,476 8,672 6,218 2,288 6,904 28,670 COUNTIES. SOUTH WALES. Brecon Cardigan Carmarthen Glamorgan Pembroke Radnor Total Estiinated Annual Expenditure on the Turnpike Boads £ 2,3301 2,085 5,490 9,242 1,339 1,688 22,174 * There are no main roada or roads disturnpiked since 1870 in South Wales. Under the 7 & 8 Viet. c, 91, the coimty roads board of each county have the management of the turnpike roads therein, Financial Statement. 287 No. 11.— STATEMENT showing the Estimated Annual Expenditure for Main and Disturnpiked Roads in the Metropolis, and in each Municipal Borough in England and Wales with a population over 50,000 at the last census, and in the Counties of Cities men- tioned on page 261. METROPOLIS. COUNTY. Middlesex . PAEISH OR DISTRICT. Hackney District , . . . . Limehouse District Mile End, Old Town, Hamlet ..,.'..., Poplar District St. Greorge in the East, Parish St. John's Hampstead, Parish St. Mary Abbott's Kensington, Parish St. Mary Ishngton, Parish . . Total Estimated Annual Expen- diture for Roads Disturnpiked since 1870. £ 1,044 974 516 1,990 398 1,876 80 240 7,118 N.B. — There are no roads disturnpiked siace 1870 in the other Parishes and Districts in the Metropolis. BOROUG-HS, &o. COXMTY. MUmCIPAL BOROUGHS. Estimated Annual Expen- ditui-e for Main and Disturn- piked Roads. ENGLAND. Chester . Chester and Lancaster Derby Devon Durham Essex Gloucester Gloucester and Somerset , . . , Kent Lancaster Birkenhead Chester (county of city) ... Stockport Derby Exeter (county of city) . . . Plymouth Gateshead South Shields Sunderland , West Ham Gloucester (county of city) Bristol (county of city) . . . Canterbury (county of city) Blackburn Bolton Bury Burnley Liverpool Manchester Oldham Preston Rochdale SaMord St. Helens £ 66 934 6,214 414 480 416 1,052 72 5,218 162 164 456 182 3,328 244 284 1,696 1,530 296 288 Appendix. COtnSTTY. Enqlaitd — continued. Leicester Lincoln (parts of Lindsey) Norfolk , Northampton Northumberland Notts Somerset , , , Southampton Stafford. Suffolk ! Surrey . Warwick , , Worcester Tork, East Eiding . North Riding West Riding SOUTH WALES. Glamorgan MUOTCIPAL BOROUGHS. Leicester Lincoln (county of city) Norwich (county of city) Northampton Newcastle-ou-Tyne (county of city) . Nottingham (county of town) Bath , Portsmouth Southampton (county of town) Walsall West Bromwich Wolverhampton Ipswich , Croydon Brighton Birmingham Worcester (county of city) Kingston-upon-Hull (county of town) York (county of city) Middlesbrough Bradford Halifax Huddersfield Leeds ShefBeld Cardiff . Swansea Estimatca Annual Expen- diture for Main and Distum- piked Boads. 710 338 632 762 238 1,822 400 246 2,690 200 1,164 170 1,308 2,224 2,856 Estimated Annual Expen- diture on the Turnpike Eoads.* 784t * There are no main roads or roads distumpiked since 1870 in South Wales. Under the 7 & 8 Vict. o. 91, the comity roads board of each comity hare the management of the turnpike roads therein. t It has been ascertained from the clerk to the Glamorgan County Eoads Board that this sum may be regarded as having been expended upon the turnpike roads in the borough of Swansea during the year, and as a reasonable estimate of the annual cost of maintaining these roads. Financial Statement. 289 No. 12.— STATEMENT showing the Estimated Annual Expenditure for Main and Disturnpiked Eoads in the several Counties of England and North Wales, and the Estimated Annual Expen- diture on the Turnpike Eoads in the six Counties of South Wales, excluding the Metropolis, and the Municipal Boroughs and Counties of Cities included in Statements Nos. 2, 5, 8, and 11. COUNTIES. ENGLAND. Bedford Berks Buddngham Cambridge Chester (excluding the municipal boroughs of Birkenhead and part of Stockport, and the county of the city of Chester) . Cornwall Cumberland Derby (excluding the municipal borough of Derby) Devon (excluding the municipal borough of Plymouth and the county of the city of Exeter). Dorset Durham (excluding the municipal boroughs of G-ateshead, South Shields, and Sunderland) . Essex (excluding the municipal borough of West Ham) Olouoester (excluding the counties of the cities of Bristol and Gloucester). Hereford > Hertford , Huntingdon Kent (excluding Metropolis and the county of the city of Canterbury) Lancaster (excluding the municipal boroughs of Blackburn, Bolton, Burnley, Bury, Liverpool, Manchester, Oldham, Preston, Rochdale, SaUord, St. Helen's, and part of Stockport). Leicester (excluding the municipal borough of Leicester) Lincoln : Parts of Holland ' ,, Parts of Kesteven , ,, Parts of Lindsey (excluding the county of the city of Lincoln) . Middlesex (excluding Metropolis) Monmouth ■ Norfolk (excluding the county of the city of Norwich) Northampton (excluding the municipal borough of Northampton) . . Northumberland (excluding the county of the city of Newcastle-on- Tyne). Nottingham (excluding the county of the town of Nottingham) . . . . Oxford Rutland Salop • • * Somerset (excluding the municipal borough of Bath and part of the county of the city of Bristol). Southampton (excluding the municipal borough of Portsmouth, and the county of the town of Southampton). B. Estimated Annual Expenditure for Main and Disturn- piked Roads. 8,884 11,711 13,622 12,992 36,978 11,774 8,640 27,048 23,518 15,428 17,010 34,974 39,658 15,162 11,340 5,578 51,085 65,460 11,676 4,194 10,317 14,836 43,700 8,832 16,478 20,893 16,392 13,392 15,407 2,654 17,126 36,652 12,634 290 Appendix. COUNTIES. Estimated Annual Expenditure for Main and Disturn- piked Roads. Ekoland — continued. StafEord (excluding the municipal boroughs of Walsall, "West Bromwich, and Wolverhampton). Saffiolk (excluding the municipal borough of Ipswich) Surrey (excluding Metropolis and municipal borough of Croydon) . . Sussex (excluding the municipal borough of Brighton) Warwick (excluding the municipal borough of Birmingham) Westmoreland Wilts : Worcester (excluding the county of the city of Worcester) • Tort, East Eiding (excluding the county of the town of Kingston- upon-HuU, and the county of the city of York). York, North Riding (excluding the municipal borough of Middles- brough) . York, West Eiding (excluding the municipal boroughs of Bradford, Halifax, Huddersfield, Leeds, and Sheffield). NORTH WALES. Anglesea Carnarvon Denbigh Plint Merioneth Montgomery , SOUTH WALES. Brecon , Cardigan Carmarthen Glamorgan (excluding the mtmicipal boroughs of Cardiff and Swansea) . Pembroke Radnor 36,902 3,844 30,220 30,084 17,418 4,464 28,270 22,195 4,570 8,498 71,176 112 4,476 8,672 6,218 2,288 6,904 Estimated Annual Expenditure on the Turnpike B-oads. * There are no main roads or roads distumpiked since 1870 in South Wales. Under the 7 & 8 Vict. o. 91, the county roads board of each country have the management of the turnpike roads therein. ( 291 ) At the Oouet at Windsok, 0. C. June 29, TJie 2Wi day of June, 1888. 1888. present, THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL. Whereas it is provided by section thirteen of the County Electors Act, 1888, that all precepts, notices, and forms required for the purposes of the Eegistration of Electors Acts (as defined in the said Act) shall be altered in such manner as may be declared by her Majesty in Council to be necessary for carrying into efEect the said County Electors Act, 1888 : And whereas it is necessary for that purpose that certain of the forms contained in the Second and Third Schedules of the Eegistration Act, 1885 (being one of the said Eegistra- tion of Electors Acts), should be altered in the manner hereinafter declared : Now, therefore, her Majesty, by and with the advice of her Privy Council, and by virtue of the authority committed to her by the said County Electors Act, 1888, doth declare it, and it is hereby declared, to be necessary for carrying into effect the County Electors Act, 1888, that the forms in the schedules to the Eegistration Act, 1885, should, as respects parishes not within a municipal borough in which the lists of voters were before the passing of the County Electors Act, 1888, made out under the Parliamentary and Municipal Eegistration Act, 1878, be altered as follows : (1.) Part II. of the Greneral Forms contained in the Second Schedule to the Eegistration Act, 1885, shall be altered by the omission therefrom of the Forms C. No. 1, E., H., L, K., L., and M., and the insertion therein of the forms contained in the First Schedule to this Order ; u2 ^^2 Appendix. 0. C. ""^ISSS^^' ^^'^ '^^^ General Forms contained in the Third Schedule '. to the Eegistration Act, 1885, shall he altered by the omission therefrom of the Forms B. No. 2 0. No. 1, D., G., H., I., K., L., and M., and "the insertion therein of the forms contained in the Second Schedule to this Order. And it is hereby ordered that all such forms shall be altered accordingly. 0. L. PEEL. FIEST SCHEDULE. Alteration of Forms in Second Schedule to Registration Act, 1885. Note. — Where a parish is in a municipal borough in which the lists of parliamentary voters have not heretofore been made out under the Parliamentary and Municipal Eegis- tration Act, 1878, the following forms shall be used, with the substitution wherever necessary of " burgess " for "county elector," of "municipal borough" for "county," of "enrolled" for "registered," and of " burgess roll " for " county register." Form B. No. 2. — Notice as to Eates to be published by the OVERSEEES. {County Government.) Where a County of , I We hereby give notice that no person county rate is ^^ ^^_ ) -^'^ ■^g entitled to have his name ia- rately and not sorted in any list of county electors for the said county now poo^r^'attthe about to be made in respect of the occupation of any pre- form must be mises situate wholly or partly within this parish \or town- cordTngty'so ship], unless all sums which have become due in respect of astostatethat ^^^^^ premises on account of any poor rate made and allowed omission to * pay the county Order in Council. 293 , . , Schedule I. during the twelve calendar months next preceding the fifth ^ate viu dia day of January last have been duly paid on or before the qualify from twentieth day of July next. registration as •' •' a county elee- Dated the day of June, 18 . SoiXr- (Signed) A. B. j Overseers of the parish {or S T^T^ 0. D. ) township! of ^^^ non-pay- ■^ -" meut of the poor rate. Form 0. No. 1. — Notice as to Eates to be served bt Overseers. To A. B. [ division of the ] county of County of Where a Take notice that you wHl not be entitled to have your SVepa-'' name inserted in the list of parliamentary voters for the said ''^tely and not [division or county], or in the list of county electors for the the'^poor°rate, said county now about to be made in respect of the premises t'^^u'^^i"^* in your occupation in unless on or before the twentieth oordingly, so day of July next all sums due in respect of those premises on o^sstjn to''''^* account of any poor rate made and allowed during the twelve pay the county calendar months next preceding the fifth day of January last, qualify from amounting to £ are duly paid. registration as o •> '^ a county elec- Dated the day of June, 18 . SomC (Signed) C. D. | Overseers of the parish \pr Sa^r;^":; E. F. ) township] of ^^ non-pay- ment of the poor rate. Form B. Form of Occupiers List. List of the persons entitled to be registered as parliamentary voters N.B.— This for the [ division of the] county of in respect of ^^ntti^'thf the inhabitant occupation of a dwelling-house, or of the names of any ,. n iTj JP1 11 parliamentary occupation oi any land or tenement oi a clear yearly value voters except of ten pounds, or of any right reserved by section ten of the *^°^^ entitled ■^ ' •> ° ' 1 ™^ respect oi a Eepresentation of the People Act, 1884, when such dwelling- household or house, land, or tenement is situate whoUy or partly within Jf^^^ quSja- this parish \or township] ; tion, or of m. and the persons entitled to be registered as county electors cation re- 294 Schedule I. served by section 10 of the Kepresen- tation of the People Act, 1884. Appendix. for the county of in respect of the occupation of property situate wholly or partly within this parish [or township]. Division One. Persons entitled to he Registered in respect of the occupation aforesaid both as Parliamentary Voters and as County Electors. 1. Names of Voters in full, Surname heing first. Place of Abode. Nature of Qualification. Description of Qualifying Property. Division Two. Persons entitled to he Registered in respect of the occupation aforesaid as Parliamentary Voters, hut not as County Electors. 1. Names of Voters in full, Surname being first. 2. Place of Abode. 3. Nature of Qualifioation. 4. Description of Qualifying Property. Division Three. Persons entitled to he Registered in respect of the occupation aforesaid as County Electors, hut not as Parlia- mentdry Voters. 1. Names of Voters in full, Surname being first. Place of Abode. Nature of Qualification. 4. Description of Qualifying Property. (Signed) A. B. \ Overseers of the parish [or C. D. ) township] of Order in Council. FOKM G-. List of Persons entitled to be elected Oouncilloes. List of the persons who are entitled to be elected council- lors of the county of in respect of the occupation within the parish [or township] of of any property, hut who are not entitled to be on the county register of that county. 295 Schedule I. Names of Persons in full, Surname being first. 2. Place of Abode, Nature of Qualification. 4, Description of Qualifying Property. (Signed) A. B. ■^ Overseers of the parish \or 0. D. 1 township] of Form H. Form or Notice of Claim in respect of the Occupation Franchise. jq-Q. 1. — (Parliamentary and County Q-overnment) (Gteneral). To the overseers of the parish {or township] of I claim to have my name inserted among the parliamentary voters for [the parliamentary division of] the county of [and county electors for the county of ] in 296 Schedule I, Appendix. ~ respect of the qualification named telow [and to have my name omitted from the corrupt and illegal practices list]. Dated day of 18 . Name of Claimant infnll, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. Note. — If the claim is to be registered hoth as a parlia- mentary voter and a county elector in respect of the same property this notice is sufficient, and No. 3 need not be served. No. 2. — Lodgers. To the overseers of the parish [or township] of I claim to have my name inserted in the Kst of parUa- mentary voters for the [ division of the] county of in respect of the qualification named below. Name of Claimaiit mfuU, Sumajne being first. Stevens, John William. Descriptioii of Rooms occupied, and whether Furnished or not. Two rooms, first floor, fumisbed. Street, Lane, or other Place, and Number (if any) of House in which Lodgings situate. 51, Brick Street Amount of Bent paid. Name and Address of Landlord or other Pereon to whom Bent is paid. 16s. a week ■William John- son, 61, Brick I hereby declare that I have during the twelve calendar months immediately preceding the fifteenth day of July in this year occupied as sole tenant [or as joint tenant with ], and resided in, the above-mentioned lodgings, and that those lodgings are of a clear yearly value, if let un- Order in Council. ^97 Schedule I. furnished, of ten \or twenty] pounds or upwardst, and I hereby declare that I am on the register of parliamentary ^^^ ^j^^ voters for the said division \or county] in respect of the wordsbetween same lodgings as ahove mentioned, and I desire to have my areTot^ppU- name inserted in the old lodgers list.f cable. Dated the day of (Signed) 18 A. B. (the Claimant). I, the undersigned, hereby declare that I have witnessed the above signature of the above-named claimant at the date stated above, and that I believe the above claim to be correct. Dated the day of 18 . (Signed) 0. D., of \state residence and calling of witness.'] No. 3. (COUNXY G-QVEENMENT.) To the overseers of the parish [or township] of I claim to have my name inserted in the list of county electors of the county of in respect of the qualification named below [and I claim to have my name omitted from the corrupt and illegal practices list]. Dated the day of 18 . Name of Claimant infuU, Surname being first. Place of Abode. Nature of Qualification. Description of QuaMyiug Property. (Signed) A. B. 298 Appendix. Schedule I. Form I. Form of Notice of Objection in respect of the Occupation Franchise. No. 1. — (Parliamentary and County Government). Notice of Objection to he given to Overseers. To the overseers of the parish [or township] of I herehy give you notice that I object to the name of being retained on the list as a parHamentary voter for [the parliamentary division of] the county of [and as a county elector for the county of ] [and to the omission of the said name from the corrupt and illegal practices list]. Dated the day of 18 . (Signed) A. B. \_phce of abode'] on the list of parliamentary voters [and county electors or burgesses] for the parish [or township] of No. 2. — (Parliamentary and County Government). Notice of Objection to be given to Person objected to. To I hereby give you notice that I object to your name being retained on the list as a parliamentary voter for [the parliamentary division of] the county of [and as a county elector for the county of ] [and to the omission of your name from the corrupt and illegal practices list] on the following grounds, viz. : — 1. That [e.g., that you have not occupied for twelve months to July 15th]. 2. That 3. Dated the day of 18 , (Signed) A. B., of [place of abode] on the list of parliamentary voters [and county electors or burgesses] for the parish [or township] of Note. — The notice of objection in each of the above two Order in Coimcil. 299 Schedule I. cases, Nos. 1 and 2, should, if there is more than one list, specify the list, and if the list referred to is made out in diTisions, should specify the division to which the objection refers ; and if "the list contains two or more persons of the same name, should distinguish the person intended to be objected to. ■ If the notice refers to division one of the occupiers list, the reference to a county elector may be inserted, and in such case these notices are sufficient, and Nos. 3 and 4 need not be served. No. 3. — (County Gtovernment). Notice of Ohjection to he given to Overseers, To the overseers of the parish [or township] of I hereby give you notice that I object to the name of being retained on the list of county electors of the county of [and to the omission of the said name from the corrupt and illegal practices list]. Dated the day of 18 . (Signed) A. B., of \_place of abode'] on the list of county electors [or burgesses] for the parish [or township] of . No. 4. — (County Q-overnment). Notice of Ohjection to he given to Person objected to. To I hereby give you notice that I object to your name being retained on the list of county electors of the county of on the following grounds, viz. : — 1. That [e.g., you have not occupied for twelve months [or six months, as the case may be] to July 15th]. 2. That 3. Dated the day of 18 . (Signed) A. B., of [place of abode'] on the list of county electors [or burgesses] for the parish [or township] of ]^ote. — The notice of objection in each of the above two 300 Schedule I. Appendix. eases, Nos. 3 and 4, should specify the division of Qie list to which the objection refers ; and if the list contains two or more persons of the same name, should distinguish the person intended to be objected to. List of claimants (parliamen- tary and county go- vernment). Form K. FoKM OF List or Claimants in respect of the Occupation Franchise to be published by the Overseers. No. 1. — ^List of Claimants (Parliamentary and County Gtovernment). The following persons claim to have their names inserted in division one of the occupiers list for the parish [or town- ship] of as parliamentary voters for [the parha- mentary division of] the county of , and county electors for the county of Name of Claimant in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. | Overseers for the parish [or C. D. J township] of Note. — Form No. 1 applies to persons who claim to be entered in division one jof the occupiers Hst, both as parlia- mentary voters and as county electors. A copy of the claim must be entered in this form. Any claim to be omitted from the corrupt and illegal practices list must be added to the foregoing Hst of claimants. Order in Council. 301 Schedule I. No. 2. — List of Occupier Claimants (Paeliamentaey) The following persons claim to have their names inserted List of ooou- division of ^:; iiirr in the lists of parliamentary voters for the [ the] county of in respect of the occupation of property tary) in this parish \or township] other than lodgings, Name of Claimant in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. I Overseers of the parish \or 0. D. ) township] of Note. — Form No. 2 applies to claims by persons to he inserted in division two of the occupiers list. A copy of the claim must be entered in this form. Any claim to be omitted from the corrupt and illegal practices list must be added to the foregoing list of claimants. No. 3. — ^LisT OF Lodger Claimants (Parliamentary). The following persons claim as lodgers to have their names List of lodger inserted in the lists of parliamentary voters for the [ division of the] county of Name of Claimant in f till, Surname being . first. Description of Rooms occupied, and whether Furnished or not. Street, Lane, or other Place and Number (if any) of House in which Lodgings are situate. Amount of Rent paid. Name and Address of Landlord or other Person to whom Rent is paid. - (Signed) A. B. \ Overseers of the parish \or C. D. 1 township] of ^ote. — ^A copy of the claim must be entered in this form. 302 Schedule I. List of claimants (county elec- tors). Appendix. No. 4. — List of Olaimant-s (County Gtoveenment). The following persons claim to have their names inserted in the county register for the comity of Name of Claimant in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Properfy. (Signed) A. B. ) Overseers of the parish [or 0, D.I township] of Note. — Any claim to be omitted from the corrupt and illegal practices list must he added to the above list. This list need not include the names of persons who claim to be entered in division one of the occupiers list. A copy of the claim must be entered in this form. List of per- sons objected to (Parlia- mentary and county go- vernment). Form (L.) Form of List of Persons Objected to to be Published by THE Overseers. No. 1. — List of Persons Objected to (Parliamentary AND County Gtovernment). The following persons have been objected to as not being entitled to have their names retained on division one of the occupiers lists of parliamentary voters for [the parliamentary Order in Council. 303 Schedule I. division of] the county of county of and of county electors for the Name of Person objected to in full, Surname being first. Place of Abode. Nature of tbe supposed Qualification. Description of Quallfyiug Property. (Signed) A. B. \ Overseers of the parish [or , C. D. j township] of Noie. — This Form applies only to persons objected to who appear in division one of the occupiers list. In this Form the particulars should be copied from the Hst of voters. Any objection to the omission of a person from the corrupt and illegal practices list should be added to the foregoing list. No. 2. — List of Peesons on Occupieks List who have BEEN OBJECTED TO (PaELIAMENTARy) . The following persons have been objected to as not being List of per- entitled to have their names retained on the lists of parlia- to"o'ccupation, mentary voters for the [ division of the] county of Parliamen- , in respect of the occupation of property in the parish \or township] of other than lodgings. tary). Name of Person objected to in full, Surname being first. Place of Abode. Nature of the supposed Qualification. Description of Qualifying Property. (Signed) A. B. \ Overseers of the parish \or 0. D. ) township] of Note. — Form No. 2 appKes to persons whose names appear in division two of the occupiers list. In this form copy particulars from the list of voters. Any objection to the omission of a person from the corrupt and illegal practices list shaU be added to the foregoing list. 304 Schedule 1. List of per- sons objected to (lodgers). Appendix. No. 3. — List of Lodgers objected to. The following persons have heen objected to as not being entitled to have their names retained on the old lodgers Ust among the parliamentary voters for the [ division of the] county of Name of Person objected to in full, Surname being first. Description of Rooms occupied and whether Furnished or not. Street, Lane, or other Place, and Number (if any) of House in which Lodgings are situate. Name and Address of Landlord or other Person to whom Eent is paid. (Signed) A. B. | Overseers of the parish \or C. D. ) township] of Note. — This form applies only to lodgers on the old lodgers list who are objected to. The list of lodgers so objected to should form a separate Ust from that of other persons objected to. In this form copy particulars from the old lodgers list. No. 4. — List of Persons objected to (Codntt Gtovernment). List of per- The following persons have been objected to as not being sons objected entitled to have their names retained on the lists of comity to (county- electors), electors for the county of Name of Person objected to in full. Surname being first. Place of Abode. Nature of the supposed Qualification. Description of Qualifying Property. (Signed) A. B. | Overseers of the parish [or 0. D. ) township] of Note. — This form applies to objections to persons whose names appear in the third division of the occupiers Ust. Order in Council. In this form the particulars should be copied from the list of county electors. Any objection to the omission of a person from the corrupt and illegal practices list shall be added to the foregoing list. 305 Schedule I. Form (M.) Declaration for Correcting Misdescription in List. I, of No. in the parish of in the county of [and in the parliamentary division of the county] do solemnly and sincerely declare as follows : — 1. I am the person referred to in division of the list of parliamentary voters and county electors made out in divisions [or in the list of {specifying the particular list) made out] for the parish [or township] of , by an entry as follows : — Name as described in List. Place of Abode as described in list. Nature of Qualification as described in List. Description of Qualifying Property. Bro-vm, John High Street . . Shop 2, Shire Lane. 2. My correct name and place of abode and the correct particulars respecting my qualification are, and ought to be stated, for the purposes of the register of parliamentary voters for the [parliamentary division of the] county of and the county register about to be made up of county electors for the county of {or as the case may he) as follows : — Correct Name. Correct Place of Abode. Correct Nature of Qualification. Correct Description of Qualifying Property. Brown, Joseph 15, High Street House 24, Shire Lane. Dated this 18 day of (Signed) Made and subscribed before me ) this day of 18 . j A. B. Justice of the peace for Note. — This form must be adapted to suit the various lists. B. X The person before whom the declara- tion is made should a ffix his official description. 306 Sched. II. Appendix, SECOND SCHEDULE. Alteration of Forms in Third Schedule to Registration Act, 1885. Form B. Where a county rate is levied sepa- rately, and not as part of the poor rate, the form must be altered ac- cordingly, so as to state that omission to pay the county rate will dis- qualify for registration as a county elec- tor in respect of the old bur- gess qualifica- tion as well as the non-pay- ment of the poor rate. No. 2. — Notice as to Eates to be Published by the Overseers. {County Gorernmcnt) County of , \ We hereby give notice that no person to wit. j -will be entitled to have his name in- serted in any list of county electors for the said county now about to be made in respect of the occupation of any premises situate wholly or partly within this parish [or township] unless all sums which have become due in respect of those premises on account of any poor rate made and allowed during the twelve calendar months next preceding the fifth day of January last have been duly paid on or before the twentieth day of July next. Dated the day of June 18 . (Signed) A. B. \ Overseers of the parish [or C. D. I township] of Where a county rate is levied sepa- rately, and not as part of the poor rate, the form must be altered ac- cordingly, so as to state that omission to pay the county rate will dis- qualify for registration as Form C. No. 1. — Notice as to Eates to ?e served by Overseers. To A. B. Parliamentary borough of County of Take notice that you will not be entitled to have your name inserted in the list of parliamentary voters for the said parliamentary borough or of county electors for the said county now about to be made in respect of the premises in your occupation in [street or place'], unless on or before the twentieth day of July next all sums due in respect of those premises on account of any poor rate made and allowed, Order in Council. during the twelve calendar months next preceding the fifth day of January last, amounting to £ are duly paid. Dated the day of June 18 . (Signed) C. D. | Overseers of the parish [or E. r. ) township] of Form D. No. 1. FOKM OF OCCUPIEKS LiST. List of the persons entitled to be registered as parliamentary voters for the parliamentary borough of in respect of the inhabitant occupation of a dwelling-house, or of the occupa- tion of any land or tenement of a clear yearly value of ten pounds, when such dwelling-house, land, or tenement is situate wholly or partly within this parish \or township] ; and the persons entitled to be registered as county electors for the county of in respect of the occupation of property situate wholly or partly within this parish \or township]. Division One. Persons entitled to he Registered in respect of the occupation aforesaid both as Parliamentary Voters and as County Electors. 307 Sched. II. a county elec- tor in respect of the old bur- gess qualifica- tion, as well as the non- payment of the poor rate. N.B.— This Hst (No. 1) does not eon- tain the names of any parlia- mentary Toters except those entitled in respect of a household or 10?. occupa- tion. 1. Names of Voters in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. Division Two. Persons entitled to be Registered in respect of the occupation aforesaid as Parliamentary Voters but not as County Electors. 1. Names of Voters in full, Surname being first. 2. Place of Abode. 3. Nature of Qualification. 4. Description of Qualifying Property. x2 308 Sched. II. Appendix. Division Three. Persons entitled to he registered in respect of the occupation aforesaid as County Electors hut not as Parliamentary Voters. 1. Names of Voters in full, Surname being first. 2. Place of Abode. Nature of Qualification. 4. Description of Qualifying Proper^. (Signed) A. B. CD. Overseers of the parish [or township] of FoKM Gr. List of Persons entitled to be elected Councillors. List of the persons who are entitled to be elected oouncillors of the county of in respect of the occupation within the parish \or township] of of any property, but who are not entitled to be on the county register of that county. Names ol Persons in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Proper^. (Signed) A. B. I Overseers of the parish \or 0. D. J township] of Foem H. Form or Notice of Claim. No. 1. — (Parliamentary and County Q-overnment.) To the overseers of the parish [or township] of I claim to have my name inserted among the parliamentary voters for the parliamentary borough of [and county Order in Council. electors for the county of ] in respect of the qualifica- tion named helow [and to have my name omitted from the corrupt and illegal practices list]. Dated the day of 18 . 309 Sohed. II. Name of Claimant infuU, Surname being first. Place of Abode. Nature of QuaUfioation. Description of Qualifying Property. (Signed) A. B. Note. — If the claim is to be registered hoth as a parlia- mentary voter and a county elector in respect of the same property, this notice is suflBcient, and No. 3 need not be served. No. 2. — (Pakliamentaky) (Lodgers). To the overseers of the parish [or township] of I claim to have my name inserted as a lodger among the parliamentary voters for the borough of in respect of the qualification named below. Name of Claimant in full, Surname being ftrat. Stevens, John WiUiam. Description of Eooms occupied, and whether Furnished or not. Two rooms, first floor, furnished. Street, Lane, or other Place, and Number {if any) of House in which Lodgings situate. 61, Brick Street Amount of Rent paid. 16s. a week Name and Address of Landlord or other Person to whom Rent is paid. WUliam John- son, 51, Brick Street. I hereby declare that I have during the twelve calendar months immediately preceding the fifteenth day of July in this year occupied as sole tenant \or as joint tenant with J, and resided in the above-mentioned lodgings, and that those lodgings are of a clear yearly value, if let unfurnished, of ten Omit the \or twenty] pounds or upwards t and I hereby declare that I ^°'^ety^hey am on the register of parliamentary voters for the said par- are not appU- liamentary borough in respect of the same lodgings as above 310 Sohed. n. Apjyendix. mentioned, and I desire to have my name inserted in the old lodgers list.f Dated the day of IS . (Signed) A. B. [the claimant). I, the undersigned, hereby dedare that I hare witaessed the aboTe signature of the above named \I)ere state name of c/diiiiaiifl, at the date stated above, and that I beheve the above claim to be correct . Dated the day of 18 . (Signed) C. D., of [state residence and calling of witness.] Note. — Jl the claim is in respect of different rooms succes- sively occupied as lodgings in the same house, the notice of claim must specify each room, or set of rooms, so occupied. If the claimant is on the register in respect of the same lodgings, and desires to have his name inserted in the old lodgers list published on or before the first day of August, he must send in his claim on or before the twenty-fifth day of July. In any other case he must send it in after the last day of July, and on or before the twentieth day of August. If there are two joint lodgers, the yearly value of the lodgings must be twenty pounds or upwards. No. 3. — (County GFovernmknt). To the overseers of the parish [or township] of I claim to have my name inserted in the list of county electors of the county of in respect of the qualification named below [and I claim to have my name omitted from the corrupt and illegal practices Hst]. Dated the day of IS . Name of Claimant in full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. Order in Council. 311 Sched. II. Poem I. Form of Notice of Objection. No. 1. — (Parliamentary and County Gtovernment.) Notice of Ohjedion to be given to Overseers. To the overseers of the parish [or township] of I hereby give notice that I object to the name of being retained on the Hst as a parliamentary voter for the parliamentary borough of [and as a county elector for the county of ] [and to the omission of the said name from the corrupt and illegal practices list]. Dated the day of 18 . (Signed) A. B. [place of abode] on the list of parliamentary voters [and county electors or burgesses] for the parish \or township] of No. 2. — (Parliamentary and County Government.) Notice of Objection to be given to Person objected to. To I hereby give you notice that I object to your name being retained on the list as a parliamentary voter for the parliamentary borough of [and as a county elector for the county of ] [and to the omission of the said name from the corrupt and illegal practices list] on the following grounds, viz. : — 1. That [e.g., you have not occupied for twelve months [or six months, as the ease may be] to July, 15th]. 2. That 3. Dated the day of 18 . (Signed) A. B., of [place of abode], on the list of parliamentary voters [and county electors or burgesses] for the parish [or township] of Note. — The notice of objection in each of the above two 312 Appendix. Sched. II. cases, Nos. 1 and 2, should, if there is more than one Hst, specify the list, and if the list referred to is made ont in divisions, should specify the division to which the ohjection refers ; and if the list contains two or more persons of the same name, should distinguish the person intended to be objected to. If the notice refers to division one, the reference to a county elector may be inserted, and in such case these notices are suflSeient, and Nos. 3 and 4 need not be served. No. 3. (OOTJNTT G-QVERNMENT.) Notice of Ohjection to he given to Overseers. To the overseers of the parish \or township] of I hereby give you notice that I object to the name of being retained on the list of county electors of the county of [and to the omission of the said name from the corrupt and illegal practices list]. Dated the day of 18 . (Signed) A. B., of \j)lace of abode'], on the list of county electors \or burgesses] for the parish [or township] of No. 4. (OOTJNTY G-QVERNMENT.) Notice of Ohjection to he given to Person objected to. To I hereby give you notice that I object to your name being retained on the lists of county electors of the county of on the following grounds, viz. : — 1. That [e.g., you have not occupied for twelve months [or six months, as the case may 6e] to July 15th]. 2. That 3. Dated the day of 18 . (Signed) A. B., of [place of abode'], on the list of county electors [or burgesses] for the parish [or township] of Note. — The notice of objection in each of the above two Order in Council. cases, Nos. 3 and 4, should specify the division of the occupiers list to which the objection refers ; and if the list contains two or more persons of the same name, should distinguish the person intended to be objected to. 313 Sched. II. FOKM K. Form of List of Claimants to be published by the ovekseees. No. 1. — List of Claimants (Parliamentary and County Government) . The following persons claim to have their names inserted List of in division one of the occupiers list for the parish [or township] (parUameu- of as parliamentary voters for the parliamentary borough ^'^''y ^^^ of , and county electors for the county of . vemment)" Name of Claimant infuU, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) C ..B.| . D. ) Overseers for the parish \or township] of Note. — Form No. 1 applies to persons who claim to be entered in division one of the occupiers list, both as parlia- mentary voters and as county electors. A copy of the claim must be entered in this form. An y claim to be omitted from the corrupt and illegal practices list must be added to the foregoing list of claimants. 314 Sched. II. List of claimants (parliamen- tary). Appendix. No. 2. — ^LisT OF Claimants (Pakliamentary). The following persons claim otherwise than as lodgers to have their names inserted in the lists of parliamentary voters for the parliamentary borough of Name of Claimant ia full, Surname being first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. | Overseers for the parish \or 0. D. I township] of Note. — This form applies to claims hy persons to be inserted in division two of the occupiers list. Any claim to be omitted from the corrupt and illegal practices list shall be added to the foregoing list of claimants. A copy of the claim must be entered in this form. List of lodger claimants. No. 3. — List of Lodger Claimants (Parliamentaey). The following persons claim as lodgers to have their names inserted in the lists of parliamentary voters for the pajHa- mentary borough of Name of Claimant in full, Surname being first. Description of Eooms occupied, and whether furnished or not. Stree^Lane, or other Place, and Ntunber (if any) of House in which Lodgings are situate. Amount of Bent paid. Name of Address of Landlord or other person to whom Bent is paid. (Signed) A. B. ^ Overseers for the parish [or 0. D. I township] of In this form the particulars should be copied from the claims sent in. Order in Council. 315 Sched. II. No. 4. — List of Claimants (County Gtoveenment). The following persons claim to liave their names inserted List of in the county register for the county of . claimants "' ° ■' (county elec- tors). Name of Claimant infuU, Surname teing first. Place of Abode. Nature of Qualification. Description of Qualifying Property. (Signed) A. B. CD. Overseers of the parish [or township] of An y claim to be omitted from the corrupt and illegal practices list must he added to the above list. This list need not include the names of persons who claim to be entered in division one of the occupiers list. Form L. JFoRM OF List of Persons Objected to to be published BY the Overseers. jfo. 1. List of Persons Objected to (Parliamentary and County Gtovernment). The following persons have been objected to as not being sonaobfetted entitled to have their names retained on division one of the ^°J^^^^^'^' occupiers list of parliamentary voters for the parliamentary county go- vermnent). 316 Sched. II. borougli of of Appendix. and of county electors for the county Name of Person objected to in full, Surname being first. Place of Abode. Nature of tbe supposed QuaUfioation. Description of Qualifying Proper^. (Signed) A. B. CD. Overseers of the parish [or township] of Note. — This form applies only to persons ohjected to who appear in division one of the occupiers list. In this form the particulars should be copied from the list of voters. Any objection to the omission of a person from the corrupt and illegal practices list should be added to the foregoing Kst. List of persons objected to (parliamen- taiy). No. 2. — List of Peksons on Ocotipiees List who have BEEN Objected to (Parliamentary). The following persons have been objected to as not being entitled to have their names retained on the hsts of parliamentary voters for the parliamentary borough of Name of Person objected to in full, Surname being first. Place of Abode. Nature of the supposed QuaUfioation Description of Qualifying Proper^. (Signed) A. B. CD. Overseers of the parish [or township] of Note. — This list applies to objections to persons whose names appear in division two of the occupiers list. Order in Council. In this form copy particulars from the list of voters. Any objection to the omission of a person from the corrupt and illegal practices list shall be added to the foregoing list. 317 Sched. II. No. 3. — List of Lodgers Objected to (Pauliamentary). The following persons have been objected to as not being List of persons entitled to have their names retained on the list of persons no|j~ersi*° entitled in respect of residence in lodgings to be parliamentary voters for the parliamentary borough of Name of Person objected to in full, Surname being first. Description of Rooms occupied, and whetber furnished or not. Street, Lane, or other Place, and Number (if any) of House in ■which Lodging's are situate. Name and Address of Landlord or other Person to ■whom Rent is paid. (Signed) A. B. CD. Overseers of the parish [or township] of 2{ote. — This form applies only to lodgers on the old lodgers list- who are objected to. The list of lodgers so objected to should form a separate list from that of other persons objected to. In this form copy particulars from the old lodgers list. 318 Sched. II. List of persons objected to (county go- vernment). Appendix. No. 4. — List of Persons Objected to (County Gt^overn- ment). The following persons have been objected to as not being entitled to have their names retained on the lists of county electors for the county of Name of Person objected to in fiill, Surname being first. Place of Abode. Nature of the supposed Qualification. Description of Qualifying Property. (Signed) A. B. i Overseers of the parish \or CD.) township] of This form applies only to objections to persons whose names appear in division three of the occupiers list. In this form the particulars should be copied from the hst of county electors. Any objection to the omission of a person from the corrupt and illegal practices list shall be added to the foregoing hst. Form M. Declaration for correcting Misdescription in List. I, of No. in the parish of in the parlia- mentary borough of , and in the county of , do solemnly and sincerely declare as follows : — 1. I am the person referred to in division of the Hst of parliamentary voters and county electors made out in divisions \or in the list of {specifying the particular list) made out] for the parish {or township] of , by an entry as follows : — Name as described in List. Place of Abode as described in List. Nature of Qualification as described in List. Description of Qualifying Property. Brown, John . . . « High Street . . .-. . . ShoD 2, Shire Lane. Order in Council. 2. My correct name and place of atode and the correct particulars respecting my qualification are, and ought to be stated, for the purposes of the register of parliamentary voters for the parliamentary borough of [and the county register about to be made up of county electors for the county of {as the case may 5c)], as follows : — 319 Sched. II. Correct Name, Correct Place of Abode. Correct Nature of Qualification. Correct Description of Qualifying Property. Brown, Joseph , . 16, High Street House 24, Shire Lane. Dated this day of 18 . (Signed) Made and subscribed before me | this day of 18 . ) A. B. Justice of the Peace for jVofe. — This form must be adapted to suit the various lists. The person before whom the declara- tion is made should affix his official description. ( 320 ) THE FOLLOWING AEE THE ACTS OE PAELIA- MENT CONEEREING- POWEES UPON THE METEOPOLITAN BOAED OF WOEKS. Metropolis Management Acts. The Metropolis Management Act, 1855 (18 8f 19 Vict. c. 120), is the Act under which the hoard and the various vestries and district hoards of the metropolis are constituted. The principal duties of the board under this Act consist in the formation and maintenance of main sewers ; control over the construction of local sewers by vestries and district hoards ; control over the formation of streets and the line of buildings therein ; also over the naming of streets and numbering of houses. The board is further empowered to make, widen, or improve streets, and it is authorized to levy rates and to borrow money for all these purposes. The board is also authorized (sect. 144), when it appears to them that further powers are required for the purpose of any work for the improvement of the metropolis or public benefit of the inhabitants thereof, to make application to parliament for that purpose, and to defray the expenses of such application in the same manner as other expenses of the board. See also sect. 10 (19 & 20 Yict. c. 112), which removes all doubts as to the authority of the board to apply to parliament for the purpose of providing parks, pleasure grounds, places of re- creation, and open spaces. The Metropolis Management Amendment Act, 1856 (19 Sf 20 Vict. 0. 112), amends the last-mentioned Act in certain par- ticidars as regards the rating of occupiers, &c., and also authorizes the board to apply to parliament for power to provide parks and recreation grounds for the metropolis. The Metropolis Management Amendment Act, 1862 (25 Sf 26 Vict. c. 102). By this Act, the debt in respect of works executed by the Metropolitan Commissioners of Sewers in con- nection with the Counter's Creek, Eavensboume, and Yictoria Street sewers, is settled and apportioned. The mode of assessment upon the several parts of the metropolis of the expenses of the board is also determined. The Act contains provisions for preventing the construction of sewers without the approval of the board ; for regulating the projection of buildings beyond the general line of frontage, the height of Powers and Duties of Metropolitan Board of Works. 321 buildings, and the width of streets. It also contains pro- visions with respect to the naming of streets and numbering of houses. The Metropolis management Acts Amendment Act, 1875 (38 8f 39 Vict. c. 33), requires the Board, in making its assessments upon such parts of the metropolis as contain property wholly or partially exempt from liability to the sewers rate, to make an allowance or abatement in respect of such whole or partial exemption. The Metropolis Managemerd [Thames River Prevention of Floods) Amendment Act, 1879 (42 8f 43 Vict. c. 198), em- powers the Board to require owners of land and premises on the river-side to do such works as may be necessary to prevent the overflow of the Thames within the metropolis ; and in case of their default, to do the works itself, charging them with the whole or such part of the cost as it may think just. The Metropolis Management Amendment Act, 1885 (48 ^ 49 Vict. c. 33), provides for an addition to the number of mem- bers of the Board to be elected by certain parishes and districts, the population and rateable value of which have much increased since the original Act of 1855. The districts of Plumstead and Lewisham are in future to have each a separate representative. The. union of the parishes of Ful- ham and Hammersmith, for the purposes of local manage- ment, is dissolved, and each parish is to manage its own affairs, and to have a separate representative at the Board. The Metropolis Management [Battersea and Westminster Act, 1887 (50 §• 51 Vict. c. 17), separates the parish of Battersea from the Wandsworth district, and makes the vestry the governing body under the Metropolis Management Act. It also dissolves the district board of Westminster, and incor- porates the united Vestry of St. Margaret and St. John as the governing body of the two parishes. Building Acts. The Metropolitan Building Act, 1855 (18 (^ 19 Vict. c. 122). —By this Act the Board is entrusted with the regulation and supervision of buildings in the metropolis, the appointment of district surveyors, &c. The Metropolitan Building Act Amendment Act, 1860 (23 iSf 322 Appendix. 24 Vict. c. 52), provides that the rules of the Act of 1855, with respect to cubical dimensions, shall not apply to build- ings used wholly for the making of machinery and boilers. The Metropolitan Building Act Amendment Act, 1861 (24 (§• 25 Vict. c. 87), exempts from the operation of the first part of the Act of 1855 any public buildings erected, or to be erected, by the Commissioners for the Exhibition of 1851. The Metropolitan Building Act, 1869 (32 8f 33 Vict. c. 82), transfers to the Board the duties in connection with dangerous structures in the metropolis, which, under the Act of 1855, were discharged by the metropolitan police. The Metropolis Management and Building Acts Amendment Act, 1878 (41 (^ 42 Vict. c. 32), gives further powers to the Board with respect to the width of new streets, the construc- tion of theatres and music-halls, and the foundations of buildings. The Metropolis Management and Building Acts Amendment Act, 1882 (45 Vict. c. 14), gives further powers to the Board with respect to new streets, new buildings which project beyond the general line, temporary iron or wooden structures, neglected structures, and other matters. Main Drainage Acts. The Main Drainage Act, 1858 (21 8f 22 Vict. c. 104), ex- tends the powers granted to the Board by the Metropolis Management Act, 1855, for the purification of the Thames and the main drainage of the metropolis. The Thames Navigation Act, 1870 (33 S; 34 Vict. c. 149). — By the 20th and foUowing sections of this Act, the Board is required to keep the Thames free from any banks or other obstructions to the navigation which may arise from the flow of sewage from the outfalls into the river, and for this pur- pose is to dredge the river. Any difference between the Board and the Thames Conservators as to the cause of any obstructions, and as to the expense of removing them, is to be settled by the Board of Trade. The Eornscy Local Board Act, 1871 (34 (^ 35 Vict. c. 129), provides for the conveyance of the sewage of Hornsey into the main drainage system of the metropolis. In considera- tion of this privilege, the Hornsey Local Board is, besides paying the sum of 10,000/., to contribute in future, in pro- Potvers and Duties of Metropolitan Board of Works. 323 portion to the rateable value of the property in Homsey, towards the amount required to meet the principal and inte- rest of the main drainage deht, and also the annual cost of maintaining and working the main drainage system. The Beckenham Sewerage Act, 1873 (36 8( 37 Vict. c. 218), provides for the admission of the sewage of a portion of the parish of Beckenham into the main drainage system. The Beckenham sanitary authority is to pay to the Board a sum of money, and, moreover, to contribute in future, in propor- tion to the rateable value of the property in the area drained, towards the payment of the interest and the redemption of the principal of the main drainage debt, and also towards the annual cost of maintaining and working the main drain- age system. The West Kent Main Sewerage Act, 1875 (38 8^ 39 Vict, c. 163). — By this Act a body called the West Kent Main Sewerage Board is constituted, and is empowered to make a main sewer from Beckenham to Dartford, with other works, for the drainage of the districts through which the sewer would pass. The Metropolitan Board is entitled to have a communication made into such sewer from any metropolitan sewer, upon payment for the same. The Board is also autho- rised to lend money to the West Kent Board. The Lea Purification Act, 1886 (49 §• 50 Vict. c. 109), makes provision for the sewage water of Tottenham, after removal of the matter in suspension, passing into the Board's sewers for a limited period, and under certain conditions. Loans Acts. The Metropolitan Board of Works Loans Act, 1869 (32 Sf 33 Vict. c. 102).— The object of this Act is to extend the Board's borrowing powers, and to facilitate the exercise of such powers. The Board is authorised to create consolidated stock or annuities, charged indifferently on all the property and securities of the Board, and to be redeemed within sixty years. It is in future to levy but one rate for all purposes, to be called the Metropolitan Consolidated Eate. The sanction of her Majesty's Treasury is requisite before the borrowing powers can be exercised. All the sections of special Acts y2 324 Appendix: authorising the Board to borrow, or limiting its powers in that respect, are repealed. By the 37th section the Board is empowered to lend a certain sum to the managers of the Metropolitan Asylums District. The Metropolitan Board of Works Loans Ad, 1870 (33(^34 Vict. c. 24), empowers the Board to compound for the stamp duty chargeable on transfers of Metropolitan Consolidated Stock by the payment to the Inland Revenue Commissioners of 7.S. 6d. for every hundred pounds of stock seven days after its issue. Note. — THs payment was increased to 12s. 6d. by the Inland Eevenue Act, 1880, 43 & 44 Vict. c. 20, ss. 53 and 54. By tlie Customs and Inland Eevenue Act, 1887, 50 & 51 Vict. o. 15, future composi- tions of stamp duty are to be at the rate of Is. per cent, per annum. The Metropolitan Board of Works Loans Act, 1871 (34 i^ 35 Vict. c. 47), authorises the Board to raise from time to time, by the creation of stock, the money requisite for the payment of the instalments of principal of the main drainage debt as they become due. Power is given to trustees to invest in Metropolitan Consolidated Stock. The Act also empowers the Board to lend money, with the consent of the Treasury, to vestries and district boards, for works of permanent im- provement, and also to lend a further sum to the managers of the Metropolitan Asylums District. The Metropolitan Board of Works Loans Act, 1875 (38 <^ 39 Vict. c. 65), empowers the Board to raise money, not exceed- ing certain sums named in the Act, for its own requirements, and also for lending to other local authorities in the metropoHs, up to 31st December, 1876. Note. — An Act similar to tbe last-mentioned is now passed every year, empowering the Board to borrow the money that will be required for various purposes during the succeeding year. Coal and Wine Duties Acts. The Coal and Wine Duties Continuance Act, 1861 (24 ^ 25 Vict. c. 42), continues for a further period of ten years the duties on coal and wine levied by the Corporation of London, viz., from 1862 to the 5th of July, 1872. The proceeds of the wine duty, and of the 9d. part of the 13d. coal duty, are, after paying all charges on the London Bridge Approaches Fund, to be paid to an account to be opened in the names of Potvers and Duties of Metropolitan Board of Works. 325 the Lords Commissioners of Her Majesty's Treasury at the Bank of England, entitled " The Thames Embankment and Metropolis Improvement Fund," such fund to he applied to the improvement of the metropolis ; the 4d. part of the coal duty to he applied by the Corporation of London towards improvements in the City. The Coal and Wine Duties Continuance Act, 1863 (26 (^ 27 Vict. c. 46), is an Act for further continuing these duties until the 5th of July, 1882. The proceeds of the wine duty and of the 9d. part of the coal duty are to be paid to " The Thames Embankment and Metropolis Improvement Fund," and the proceeds of the 4d. part of the coal duty are to be applied to the raising of the Tlolborn Valley, and afterwards to other improvements in or adjacent to the City of London. The Coal and Wine Duties Continuance Act, 1868 (31 Vict, c. 17), further continues the duties until the 5th July, 1889. Until 1888 they are to be appropriated in the manner directed by the two last-mentioned Acts. The duties for the year 1889 are to be applied in freeing from toll certain bridges over the Thames and Lee beyond the limits of the metropolis, but within the area over which the duties are levied. Bridge akd Tunnel Acts. The Kew and other Bridges Act, 1869 (32 &^ 33 Vict. c. 19), provides for the incorporation of a joint committee, to consist of six members of the Board and six members of the Corpora- tion of London, to free from toll certain bridges over the rivers Thames and Lee beyond the limits of the metropolis, but within the area over which the London coal and wine duties are levied. The committee is empowered to raise for this purpose 150,000/. on security of the duties for the year 1889. The Kew and other Bridges Act, 1869, Amendment Act, 1874 (37 (^ 38 Vict. c. 21), empowers the joint committee to raise an additional sum of 25,000/. over and above the amount named in the Act of 1869, for the pm-poses of that Act, and authorises the Board to lend the joint committee any sum not exceeding 50,000/. The Metropolis Toll Bridges Act, 1877 (40 8f 41 Vict. c. 99), requires the Board to extinguish the tolls on all the bridges S26 Appendix. over the Thames ■within the metropolis, and the bridge over Deptford-creek, and thereafter to maintain and repair the bridges. The county authorities of Middlesex and Surrey are each to pay to the Board 1,200J. a year as a contribution towards the costs of maintaining the bridges. The Board is empowered to borrow for the purposes of the Act 1,600,000^. The Metropolitan Bridges Act, 1881 (44 8( 45 Vict. c. 192), authorises the Board to build new bridges over the Thames at Putney and Battersea, in place of the existing bridges, to alter and improve Yauxhall Bridge, and to reconstruct Deptford-creek Bridge. The Metropolitan Board of Worhs {Bridges, ^c.) Act, 1883 (46 (^ 47 Vict. c. 177), empowers the Board to alter and reconstruct Hammersmith Bridge, and to redeem from toll East and West Ferry Eoads in the Isle of Dogs. The Metropolitan Board of Works {Bridges) Act, 1884 (47 (§r 48 Vict. c. 228), empowers the Board to alter the situation of the new bridge at Battersea, authorised by the Act of 1881. The Thames Tunnel {Blackwalt) Act, 1887 (50 8f 51 Vict, c. 172), empowers the Board to make a tunnel or subway for traffic across the Thames between Blackwall and Greenwich, with approaches thereto. Thames Embankment Acts. The Thames Emlankment {North) Act, 1862 (25 (^ 26 Vict, c. 93), empowers the Board to construct an embankment on the north side of the river from Westminster Bridge to Blackfriars Bridge, and to make approaches thereto from the Strand and Whitehall. The works are to be paid for out of the coal and wine duties, power being given to the Board to borrow 1,000,000^. upon the security of those duties. The Thames Embankment {South) Act, 1863 (26 Sf 27 Vict. 0. 75), provides for the embankment of part of the southern side of the river, in the parish of Lambeth, and the Board is authorised to borrow to the extent of 480,000^. for the purpose. The Thames Embankment Amendment Act, 1864 (27 8f 28 Vict. c. 135), is an extension of the last-mentioned Act, and enables the Board to purchase additional lands and to make further improvements in the parish of Lambeth. Powers and Duties of Metropolitan Board of Works. 327 The Thames Embanlancnt {North and South) Act, 1868 (31 <^ 32 Vict. c. Ill), authorises the alteration and abandonment of certain streets intended as approaches to the Thames Embankment, authorised by the Act of 1862, and the sub- stitution of certain other streets instead thereof, and in some respects amends the Thames Embankment Act of 1863. The Thames Embankment {Chelsea) Act, 1868 (31 8( 32 Vict. c. 135), authorises the Board to construct an embankment and road between Chelsea Hospital and Battersea Bridge, and to defray the cost thereof out of the Thames Embankment and Metropolis Improvement Fund. The Board is also empowered to borrow, for the purpose of the works, the sum of 285,000/. The Thames Embankment {North) Act, 1870 (33 8f 34 Vid. c. 92), provides for the abandonment of a proposal to form a street from Charing Cross Bridge to Wellington Street, as authorised by the Thames Embankment (North and South) Act, 1868. The Thames Embankment {North) Act, 1872 (35 8^ 36 Vict. c. 66), places the road along the Victoria Embankment under the management and control of the Board. The Thames Embankment {South) Act, 1873 (36 Vict. c. 7), transfers to the Board the duty of maintaining and lighting the wall of the Albert Embankment, and the footway adjoining. The Thames Embankment {Land) Act, 1873 (36 8f 37 Vict. c. 40), confirms an arrangement made between the Commis- sioners of "Woods and Forests and the Metropolitan Board, for the transfer to the Board of a portion of the land re- claimed from the river Thames by the embankment, and vested in the Crown, under the provisions of the Thames Embankment Act, 1862. The ground is to be maintained by the Board as a pubUc garden. Street Improvement Acts. The Covent Garden Approach, and Southivark and West- minster Communication Act, 1857 (20 8( 21 Vict. c. 115), empowers the Board to make a new street from St. Martin's Lane to King Street, Covent Garden, and a new street in Southwark, and authorizes it to raise money for the purpose. The Victoria Park Approach Act, 1858 (21 Vict. c. 38), 328 Appendix. authorizes the Board to form a new street, commencing in the East India Dock Eoad, where it intersects Commercial Eoad Bast, and terminating at Saville Place, in the Bow Eoad. The Metropolis Improvement Act, 1863 (26 8f 27 Vict, c. 45), empowers the Board to make a new street from Black-: friars to the Mansion House, in continuation of the northern embankment, and to borrow the sum of 1,000,000^. for the works. The Wliitechapel and Holborn Improvement Act, 1865 (28 Vict. c. 3), is an Act to enable the Board to make a new street in Whitechapel, and to remove Middle Row, Holborn. The Kensington Improvement Act, 1866 (29 ^ 30 Vict. c. 150), empowers the Board to widen part of High Street, Kensington, and to make other new streets in connection therewith. The Marylehone {Stingo Lane) Improvement Act, 1868 (31 Vict. c. 7), empowers the Board to form a new street from Marylebone Eoad to Upper York Street, in the line of Stingo Lane ; the cost to be borne one-half by the Board and one- half by the Yestry of St. Marylebone. The Park Lane Improvement Act, 1869 (32 Sf 33 Vict. 0. 134), provides that Hamilton Place shall be widened and opened into Park Lane. The improvement is to be paid for out of the proceeds of the coal and wine duties, and the Board is empowered to borrow 135,000/. for the purpose. The Metropolitan Street Improvements Act, 1872 (35 8f 36 Vict. c. 163), empowers the Board to make certain new thoroughfares between Oxford Street, Old Street, Shoreditch, and Bethnal Oreen ; to widen High Street, Shoreditch ; to improve the thoroughfare between the Wapping entrance of the London Docks and the entrance of St. Katharine's Dock ; to vdden Edgware and Harrow roads at their point of junc- tion ; and to widen part of Newington-butts. The Board is authorized to borrow, for the purpose of these works, the sum of 2,600,000/. The Charing Cross and Victoria Embankment Approach Act, 1873 (36 8f 37 Vict. c. 100), empowers the Board to make a direct approach from Charing-cross to the Yictoria Embank- ment, and to purchase for that purpose the mansion, grounds and adjacent property of the Duke of Northumberland. Powers and Duties of Metropolitan Board of Works. 329: The Metropolitan Street Improvements Act, 1877 (40 8f 41 Vict. c. 235), empowers the Board to make a new street from Tottenham-court Eoad to Charing-cross, one from New Oxford Street to Piccadilly Circus, and other street improve- ments in the neighbourhood ; to widen part of Gray's Inn Eoad, part of Kentish Town Eoad, the road near the "Angel" at Islington, part of Mare Street, Hackney, and part of Tooley Street and other streets in continuation thereof ; to make a new street between Southwark Bridge Eoad and Great Dover Street, to widen Jamaica Eoad and Jamaica Level, Bermondsey, and Union Eoad, Eotherhithe ; part of Oamberwell Eoad and Church Street, Oamberwell, Peckham Eoad and High Street, and Queen's Eoad, Peckham ; also the approaches to Deptford Bridge and part of the Greenwich Eoad. The Metropolitan Street Improvements Act, 1877 {Amend- ment) Act, 1882 (45 §• 46 Vict. e. 222), amends the provisions of the Act of 1877, so far as they relate to the Gray's Inn Eoad improvement and the appropriation of ground for working-class dwellings in Gray's Inn Eoad. The Metropolitan Street Improvements Act, 1877 {Amend- ment) Act, 1883 (46 Vict. e. 23), amends the provisions of the Act of 1877, so far as they relate to the appropriation of ground for dwellings for working people to be displaced by the western street improvements authorized by that Act. The Metropolitan Street Improvements Act, 1883 (46 <^ 47 Viet. e. 178), empowers the Board to effect the following street improvements : — The widening of Upper Street, Isling- ton ; the widening of Green Street and Little York Street, Bethnal Green ; an improvement at Tower Hill ; the widen- ing of King Street East and Brook Green Eoad, Hammer- smith ; of Church Place and part of High Street, Hampstead ; of Star Corner and part of Bermondsey New Eoad ; of part of Walworth Eoad ; and of part of South Lambeth Eoad. The Vestry of Hampstead is to contribute one-half of the cost of the Hampstead improvement. The Board is also empowered to purchase two foot-bridges over the Grand Junction Canal, which are thereafter to be vested in and maintained by the vestries of Paddington and Chelsea respec- tively. ^^^ Ajppendix. The Metropolitan and District Eaihvay {City Lines and Ex- tensiom) Act, 1879 (42 8( 43 Vict. c. 201), provides for the completion of the inner circle of railways in the metropolis, and for the formation in connection therewith of a new street and the widening of other streets in the City of London. The Board and the City authorities are empowered to enter into arrangements with the two railway companies with respect to the construction and maintenance of the new street and works. The Enightslridge and other Crown Lands Act, 1879 (42 Sf 43 Vict. c. 19), empowers the Board to purchase, for the sum of 5,000i?., a strip of land adjoining Knightsbridge Barracks, for the purpose of widening the road. Dwellings Improvement Acts. The Artizans' and Labourers' Dwellings Lmprovement Act, 1875 (38 ^ 39 Vict. c. 36), empowers the Board, on receiving a representation from a medical officer of health that the houses within any area are unfit for habitation, to declare the same to be an unhealthy area, and to make an improve- ment scheme in respect of it. The scheme, when confirmed by the Secretary of State and by Parliament, is to be carried out, the houses bought and taken down, and the groimd sold or let for the erection of suitable dwelKngs for the working classes. The Artizans' and Labourers' Dwellings Lmprovement Act, 1879 (42 8f 43 Vict. c. 63), amends the provisions of the Act of 1875, which relate to the assessment of the compensation to be paid in respect of unhealthy houses, and to the new accom- modation to be provided for the people of the working class displaced. The Artizans' and Labourers' Dwellings Act, 1868, Amend- ment Act, 1879 (42 4r 43 Vict. c. 64), gives the Board power to require the local authorities under the Act of 1868 {i. e., the vestries and district boards) to put that Act in force in respect of any premises, and in their default to act itself in the matter, charging the local authority with the expense. The Artizans' Dwellings Act, 1882 (45 8f 46 Vict. c. 54), further amends in various particulars the provisions of the Acts of 1875 and 1879. Powers and Duties of Metropolitan Board of Worlcs. 331 The Sousing of the Working Classes Act, 1885 (48 Sf 49 Vict. c. 72), authorizes the Board, subject to the approval of a Secretary of State, to adopt for the metropolis the Labour- ing Classes' Lodging Houses Acts, 1851 to 1867, which empower local authorities to acquire land and erect buildings for the purposes of the Acts. The question whether a block of houses unfit for habitation should be dealt with by the Board under the Artizans', &c., Dwelhngs Improvement Acts, or by the local authority, may be decided by a Secre- tary of State. Acts of Parliament have been passed confirming schemes under the Artizans' and Labourers' Dwellings Improvement Acts, for the improvement of areas situated as follows : — 1876. Whitechapel and Limehouse. 1877. Groulston Street and Flower and Dean Street, Whitechapel. Elizabeth Place, King Street, and Mint Street, Southwark. Bedfordbury, St. Martin-in-the-Fields. Great Wild Street, St. Giles-in-the-Fields. Pear Tree Court, Clerkenwell. Whitecross Street, St. Luke's. High Street, Islington. Old Pye Street, Westminster. 1878. Bowman's Buildings, Marylebone. Esses Eoad, Islington. 1879. Little Coram Street, Bloomsbury. Well Street, Poplar. Grreat Peter Street, Westminster. 1883. Tench Street, St. George-in-the-East. Brook Street, Limehouse. Windmill Eow, New Cut, Lambeth. Trafalgar Eoad, Greenwich. 1885. Hughes Fields, Deptford. Tabard Street, Newington. 1887. Cable Street, Shadwell. Shelton Street, St. Giles-in-the-Fields. Pakks and G-aedens Acts. The Mnslury Park Act, 1857 (20 ^r 21 Vict. c. 150), em- powers the Board to provide a park in the parishes of 332, Appendix. Islington and Hornsey, and to take land compulsorily f or tlie purpose. The Southu-ark Park Act, 1864 (27 Vict. c. 4), empowers the Board to form a park in the parish of Rotherhithe, and to take land compulsorily for the purpose. The Victoria Park Act, 1872 (35 8f 36 Vict. c. 53), confirms an agreement made by the Board with the Commissioners of Woods and Forests, to purchase for the sum of 20,450/., certain land adjoining Victoria Park ; such land to be added to and to form part of the park. The London Parks and Works Act, 1887 (50 i^ 51 Vict, c. 34), transfers to the Board the management and control of Victoria Park, Battersea Park, Kennington Park, Bethnal Grreen Museum Garden, Westminster Bridge, and the Grrosvenor Poad embankment, all of which had been pre- viously maintained by the Commissioners of Her Majesty's Works and Public Buildings. The Gardens in Towns Protection Act, 1863 (26 Vict. c. 13). — Under this Act any garden or ornamental ground in the metropolis (except in the city of London), set apart for the use of the inhabitants, and not kept in proper order, may be dealt with by the Board and vested in a committee of the rated inhabitants to be kept as a garden or ornamental ground. In the event of the inhabitants not accepting the charge, the Board is to place the garden under the vestry or district board. The Leicester Square Act, 1874 (-57 Vict. c. 10), authorizes the Board to acquire possession of the enclosure of Leicester Square, and to maintain it as a place of public recreation. The Metropolitan Open Spaces Act, 1877 (40 8f 41 Vict, c. 35), authorizes the Board to acquire and hold open spaces, such as gardens in squares, for the benefit of the pubho. The Metropolitan Open Spaces Act, 1881 (44 S( 45 Vict, c. 34), extends the operation of the laet-mentioned Act, and includes disused burial grounds among the open spaces which may be transferred to the Board, or to any vestry or district board, for the benefit of the public. COMMOKS AND OpEN SpACES AcTS. The Metropolitan Commons Act, 1866 (29 8{ 30 Vict. c. 122), has for its object the preservation of commons and open- Powers and Duties of Metropolitan Board of Works. 333 spaces in and near the metropolis. The Board may present a memorial to the Inclosure Commissioners with respect to any common within the metropolitan area, and the Com- missioners are thereupon to make inquiry and prepare a scheme for its management, which scheme is to be confirmed hy Parliament. The Metropolitan Commons Act, 1878 (41 (^ 42 Vict. c. 71), gives the Board power to purchase and hold, with a view to prevent the extinction of the rights of common, any saleable rights in common or any tenement of a commoner to which rights of common are annexed. The Metropolitan Commons Supplemental Act, 1871 (34 8f 35 Vict. c. 57), confirms a scheme prepared by the Inclosure Commissioners, under the provisions of the Act of 1866, for the management of Blackheath. The heath is placed under the jurisdiction of the Board. The Metropolitan Commons Second Supplemental Act, 1871 (34 8f 35 Vict. c. 63), confirms a scheme of the Inclosure Commissioners for the management by the Board of Shep- herd's Bush Common. The Metropolitan Commons Supplemental Act 1872 (35 S^ 36 Vict. c. 43), confirms a scheme of the Inclosure Commis- sioners for the management by the Board of the various pieces of ground called the Hackney Commons. The Mctrop)olitan Commons Supplemental Act, 1873 (36 S^ 37 Vict. c. 66), confirms a scheme of the Inclosure Commis- sioners for the management of Tooting Beck Common, the manorial rights in which the Board agreed to purchase for the sum of 10,200^. The Metropolitan Commons Supplemental Act, 1877 (40 S^ 41 Vict. c. 201), confirms a scheme of the Inclosure Com- missioners for the management of Clapham Common, the manorial rights in which the Board agreed to purchase for 18,000/. ; and a scheme for Bostall Heath, the manorial rights in which the Board agreed to purchase for 5,600/. The Metropolitan Commons Supplemental Act, 1881 (44 Vict. c. 18), confirms a scheme of the Inclosure Commissioners for the management by the Board of Brook Green, Eel-brook Common, and Parson's Green. The Metropolitan Commons Supplemental Act, 1884 (47 Vict. 334 Appendix. c. 2), confirms a sclieine of the Land Commissioners for the management hy the Board of Streatham Common. The Eampstead Eeath Act, 1871 (34 8f 35 Vict. c. 77), confirms an arrangement made by the Board with the lord of the manor of Hampstead, for the purchase, for the sum of 45,000/., of his rights over Hampstead Heath, thus securing the ground for ever as a place of recreation for the public. The nampstead Seath Enlargement Act, 1886 (50 Vict. c. 41), makes it lawful for the Board to acquire the land known as Parliament Hill, Parliament Fields, &o., near Hampstead Heath, for the purposes of public recreation, and provides that contributions towards the cost may be made by any vestry or district board and by the Charity Commis- sioners out of funds dealt with by the City Parochial Charities Act, 1883. The Plumstead Common Act, 1878 (41 8f 42 Vict. c. 145), empowers the Board to purchase the estate and interest of Queen's College, Oxford, in Plumstead Common and Shoulder- of- Mutton Green. A portion of Plumstead Common is to be for ever kept open as an exercise ground for troops, and in respect thereof the War Department is to pay the Board 4,000/. as purchase-money. The Wormwood Scrubs Act, 1879 (42 8f 43 Vict. c. 160), vests in the Board the common known as Wormwood Scrubs and certain land adjoining, to be maintained as a place of public recreation, subject to the rights of user by the military forces. The Metropolitan Board of Works {Hackney Commons) Act, 1881 (44 8f 45 Vict. c. 148), confirms an agreement made by the Board with Mr. W. A. T. Amherst, for the purchase of his manorial rights over the Hackney Commons for the sum of 33,000/. The Clissold Park {Stoke Newington) Act, 1887 (50 ^ 61 Vict. c. 137), empowers the Board and the Hackney District Board, or either of them, to purchase of the Ecclesiastical Commissioners the land known as Clissold Park. The Act provides that the land, if so acquired, shall be kept open, uninclosed and unbuilt on, except as regards a portion, not exceeding two acres, which the Stoke Newington Vestry is authorized to acquire for parochial purposes. Powers and Duties of Metropolitan Board of Works. 335 GrAs Acts. The Sale of Gas Act, 1859 (22 8{ 23 Vict. c. 15), is an Act for regulating the measures used in the sale of gas. It fixes the standard of measurement, provides for the deposit of models of measures with the Comptroller General of the Exchequer, and for the appointment, by the justices, of inspectors to test meters. Tlie Sale of Gas Act, 1860 (23 (^ 24 Vict. c. 146), provides that where, in the last-mentioned Act, anything is required to be done within a specified time after the passing of the same, such time shall be calculated as if the 13th October, 1860, had been the date of the passing of the Act. Ttie Mefro2MUs Gas Act, 1860 (23 8f 24 Vid. c 125), is an Act for better regulating the supply of gas in the metropolis. It confirms the arrangements made by the metropolitan gas companies among themselves, under which a separate district was assigned to each, and contains provisions relative to the price, illuminating power, and purity of the gas to be supplied. The Sale of Gas Amendment Act, 1861 (24 Sf 25 Vict. c. 79), amends the Acts of 1859 and 1860, relating to the measures used in the sale of gas, by transferring to the Board the power to appoint inspectors to test meters in the metropolis. The Commercial Gas Act, 1875 (38 <^ 39 Vict. c. 200).— The Gas Light and Colie Company Act, 1876 (39 &; 40 Vict. e. 225). — The South Metropolitan Gas Ligld and Colie Com- pamfs Act, 1876 (39 §• 40 Vict. c. 229).— These Acts impose upon the Board the duty of testing the gas supplied by the several companies therein referred to (with the exception of that supplied in the City of London), in order to see that the conditions as to purity, illuminating j)ower, and pressure are complied with. The Board is required to appoint, and always keep appointed, gas examiners for this purpose. The Gas Light and Colie and other Gas Companies^ Acts Amendment Act, 1880 (43 ^ 44 Vict. c. 181), amends the provisions of the last-mentioned Acts with respect to the testiag of gas and the recovery of forfeitures for defective 3-36 Appendix. Water Act. The Metropolis Water Act, 1871 (34 8f 35 Vict. c. 113), provides for a constant supply of water to the metropolis. This Board is constituted the metropolitan authority, hut the City of London is excluded from its jurisdiction. Any company may propose to give a constant supply, or the metropolitan authority may apply to a company for it, failing both of which, and under certain conditions, the Board of Trade may require a constant supply to be provided. The companies are to make regulations, which are to be submitted to the Board of Trade for approval, the Metropolitan Board having the right to be heard. No company can be required to give a constant supply if it can be shown that more than one- fifth of the houses in the district are not provided with the prescribed fittings. The Act contains provisions with regard to quality of water, accounts, arbitration, penalties and other miscellaneous matters. Note.— By tKe 35tli section of The Public Health Act, 1872 (33 & 36 Vict. c. 79), the powers and duties of the Board of Trade under the Metropolis Water Act are transferred to the Local Government Board. Tramway Acts. The Tramways Act, 1870 (33 §• 34 Vict. c. 78), is an Act to facilitate the construction and regulate the .working of tramways. The Board is constituted the local authority for the metropolis. Any local authority, or other body, with its consent, may apply to the Board of Trade for a provisional order authorizing the construction of a tramway. The pro- visional order, if granted, is to be submitted to Parliament for confirmation. The Tramways Orders Confirmation Act, 1879 (42 8f 43 Vict, c'. 193), provides that the Board of Trade may license the use of steam or mechanical power on tramways, subject to the consent of the local and road authorities. Fire Brigade Act. The Metropolitan Fire Brigade Act, 1865 (28 8f 29 Vict. c. 90), imposes on the Board the duty of extinguishing fires Powers and Duties of Metropolitan Board of Works. 337 and protecting life and property in case of fire in the metro- polis. The plant and property of the fire-engine estahlish- ment of the insurance companies are transferred to the Board. The expenses of carrying out the Act are to be met partly by contributions from the Grovernment and the fire insurance companies, and partly by a rate of |d. in the pound on the metropolis. Inflammable and Explosive Substances Acts. Tlie Petroleum Act, 1871 (34 8^ 35 Vict. c. 105).— Under this Act, petroleum and other similar oils which give off an inflammable vapour below a certain temperature are only to be kept or sold with a licence from the local authority. Regulations are made respecting the conveyance and storage of petroleum, and there are provisions for the testing of the oils and for penalties in case of contravention of the statute. The local authority for the metropolis (except the City of London) is the Metropolitan Board. Ttie Petroleum Act, 1879 (42 8f 43 Vict. c. 47), amends the provisions of the Act of 1871, as regards the temperature of the oils and the mode of testing them. The Petroleum {Rawkers) Act, 1881 (44 ^ 45 Vict. c. 67), prescribes the conditions under which petroleum may be sold by hawkers in the streets. The Explosives Act, 1875 (38 Vict. c. 17), empowers the Board to grant licences for the storage of gunpowder in the metropolis, and also requires that persons applying to the Secretary of State for a licence to establish a new factory or magazine for gunpowder shall apply to the Board for its con- sent thereto. Sanitary Acts. The Infant Life Protection Act, 1872 (35 8f 36 Vict. c. 38), imposes on the Board the duty of keeping a register of all houses in the metropolis in which persons receive for hire or reward more than one child, or in the case of twins more than two children, under the age of one year, for the purpose of nursing. The Slaughterhouses, 8fc. (Metropolis), Act, 1874 (37 8f 38 Vict. c. 67), authorises the Board to make bye-laws for the 338 Appendix. regulation of certain businesses considered ofFensive, and prohibits the establishment anew of some of the more offen- sive kind. The Contagious Diseases {Animals) Act, 1878 (41 8f 42 Vict, c. 74), has for its object the prevention of the introduction or spread of contagious diseases among cattle or other animals in Great Britain. The local authorities are empowered to declare places infected, and are to appoint inspectors to visit places where disease exists, and to cause all animals affected with pleuro-pneumonia to be slaughtered, paying compensa- tion to the owners. The good management of cowsheds, dairies and milkshops is also provided for. The Board is the local authority for the metropolis, and the city of London is required to pay its share of the Board's expenses in carrying out the Act. The Contagious Diseases {Animals) Act, 1886 (49 ^ 50 Vict. c. 32), amends in certain particulars the last-mentioned Act. Among other things it transfers to the Local Government Board the powers vested by the Act of 1878 in the Privy Council, vnth respect to cowsheds, dairies and milkshops. The Disused Burial Grounds Act, 1884 (47 ^ 48 Vict. c. 72), prohibits the erection of any buildings upon a disused burial ground except for the purpose of enlarging a place of worship. The duty of enforcing the .observance of this Act in the metropolis devolves upon the Board, under section 56 of the Metropolitan Board of Works (Various Powers) Act, 1885. Other General and Special Acts. The Superannuations {Officers, Metropolitan Vestries and Dis- • trict Boards) Act, 1866 (29 Vict. c. 31).— This Act em- powers the Board to grant superannuation allowances to its officers. The Metropolitan Subways Act, 1868 (31 ^ 32 Vict. c. 80), authorises the Board to require gas and water companies to place their pipes in the subways made for that purpose. The Lee Conservancy Act, 1868 (31 8^ 32 Vict. c. 154), is for the purpose of making better provision for the preserva- tion and improvement of the river Lee and its tributaries. It provides for the incorporation of a Conservancy Board of Powers and Duties of Metropolitan Board of Works. 339 thirteen members, one of wliom is to be appointed by this Board. The Monuments {Metropolis) Act, 1878 (41 §• 42 Vict. c. 29), places the Egyptian Obelisk under the care of the Board, and empowers the Board to preserve that and other monuments on the Thames Embankments. The Sighwaijs and Locomotives Amendment Act, 1878 (41 8f 42 Vict. c. 77), empowers the Board to make bye-laws to regulate the use of steam locomotives on the highways in the metropolis. The Metropolitan Board of Works {District Railway) Venti- lators Act, 1883 (46 S( 47 Vict. c. 191), requires the Metro- politan District Eailway Company to close certain ventilating shafts made in the public thoroughfares under the powers of the company's Act of 1881, and provides that the Board shall pay to the company the cost of making and closing such shafts. The Metropolitan Board of Works {District Raihvay Venti- lators) Act, 1884 (47 ^ 48 Vict. c. 95), requires the railway company to close a ventilating shaft in the carriage-way of the Victoria Embankment, and authorises the formation of a shaft in another situation adjacent in place thereof. Board's Various Powers Acts. The Metropolitan Board of Works Act, 1874 (37 8f 38 Vict. c. 97), empowers the Board to construct a new road near Einsbury Park ; authorises the admission of the sewage of South Hornsey into the main drainage system ; and autho- rises the Board to pay certain expenses incurred on the occa- sion of the national thanksgiving, 27th February, 1872. The Metropolitan Board of Works {Various Poioers) Act, 1875 (38 (^ 39 Viet. c. 179), sanctions an arrangement made with the Duchy of Lancaster for the formation of a new approach from the Strand to the Victoria Embankment through the Savoy ; also an arrangement with respect to cer- tain roads to be made by the Board at Einsbury Park. The Act also empowers the Board to undertake the care and management of Tooting Grraveney Common, and contains a few other miscellaneous provisions. z2 340 Appendix. The Metropolitan Board of Works {Various Powers) Act, 1876 (39 8f 40 Vict. c. 79), authorises the Board to form a new street from Sun Street to Worship Street, at the joiat expense of the Board and the Yestry of Shoreditch, and alsa to undertake the maintenance and lighting of the wall of the Chelsea Embankment, the adjacent footway, and the orna- mental grounds. The Metropolitan Board of Works Act, 1877 (40 Vict. c. 8), authorises the Board to consolidate the bye-laws made for the regulation of the various parks and open spaces under the Board's control, and to contribute towards the cost of a recreation-ground to be provided by the Lewisham District Board at Sydenham. The Metropolitan Board of Works Indemnity Act, 1879 (42 (^ 43 Vict. c. 68), empowers the Board to pay the expenses incurred in promoting, in the previous session of Parliament, two bills relating to the water supply of the metropolis. The Metropolitan Board of Works {Various Powers) Act) 1882 (45 Vict. o. 56), authorises the Board to widen a further portion of Tooley Street ; to take over from the Vestry of Camberwell the management of Peckham Eye, Groose Green, and Nunhead Green ; to make an exchange of land for the improvement of Tooting Beck Common; to make bye-laws for regulating the traffic on the bridges and embankments ; and to sanction temporary flood works. The Act also extends the time for the sale of the surplus lands in Northumberland Avenue. The Metropolitan Board of Works {Various Powers) Act, 1884 (47 8f 48 Vict. c. 223), empowers the Board to make a new street in continuation of Clarence Road, Kentish Town, and a new street to connect Cotton Street and Preston's Eoad, Poplar. Half the cost of the last-mentioned street is to be borne by the Poplar District Board. The Act extends and amends in certain particulars the provisions of the Street Improvements Act of 1877, authorises the purchase of a small piece of land to be added to Plumstead Common, and pro- vides for the acquisition by the Board of all existing rights over any of the Hackney Commons. The Metropolitan Board of Works {Various Powers) Aetj Powers and Duties of Metropolitan Board of Works. 341 1885 (48 8{ 49 Vict. c. 167), empowers the Board to make a new street from Gray's Inn Eoad, to St. John Street Eoad ; to establish a free ferry across the Thames at Wool- wich ; to acquire by purchase certain land at Highbury, and, by gift from the Grovernors of Dulwich College, certain land at Dulwich, for the purposes of public recreation; and to effect with the London School Board a small exchange of land at Plumstead Common. The Act also imposes on the Board the duty of enforcing the observance of the Disused Burial Grounds Act, 1884. The Metropolitan Board of Works {Various Powers) Act, 1886 (49 Sf 50 Vict. c. 112), empowers the Board to widen the entrance to Coldharbour Lane from Denmark Hill, in the parish of Lambeth, and to open up a line of communication between Little Chatham Street and New Kent Eoad, in the parish of Newington, at the joint expense of the Board and of the Yestries of Lambeth and Newington respectively ; to make an approach by stairs from the Victoria Embankment to Charing Cross Bridge ; to acquire Little Wormwood Scrubs ; and to make certain arrangements with reference to the land conveyed to the Board under the Act of 1885 for a park at Dulwich. The Act further provides that Deptford Creek Bridge shall in future be imder the sole control of the Board, and extends the time for the acquisition of land and the com- pletion of works under the powers of the Street Improvements Act of 1877 and the Metropolitan Bridges Act of 1881. The Metropolitan Board of Works [Various Powers) Act, 1887 (50 8f 51 Viet. c. 106), empowers the Board to make a bridge over the Grand Surrey Canal at Canterbury Eoad, towards the cost of which the Camberwell Vestry and the Greenwich District Board are to contribute ; also to widen Elm Street between Gray's Inn Eoad, and Mount Pleasant ; it transfers to the Board the control and management of Wandsworth Common; provides for small additions of ground to Bostall Heath and Brook Green; empowers the Board to purchase and maintain Eavenscourt Park, Hammer- smith ; enables the Lewisham District Board to acquire and maintain a recreation ground at Penge, and authorises the Metropolitan Board to contribute towards the cost ; empowers the Board to arrange with the local authority of one of the 342 Appendix. adjacent districts for the drainage of an outlying part of Clerkenwell parish at Muswell Hill; empowers the Board to provide urinals and waterclosets in and upon the parks and open spaces ; and extends the time allowed for the com- pulsory purchase of land and the completion of works autho- rised by various Acts. ( 343 ) LOCAL GOYEENMENT ACT, 1888. Local Grovernment Board, Whitehall, S."W., 17th Aiigust, 1888. Sir,— I am directed by the Local Government Board to draw the attention of the Court of Quarter Sessions to the provisions of the Local Government Act, 1888, relative to the constitution of county councils. Section 1 directs that a council shall be established in every administrative county as defined by the Act, and be entrusted with the management of the administrative and financial business of that county, and shall consist of the chairman, aldermen, and councillors. By section 2 it is enacted that the council of a county, and the members thereof, shall be constituted and elected and shall conduct their proceedings in like manner, and be in the like position in all respects, as the council of a borough divided into wards, subject, nevertheless, to the provisions of the Act, and in particular to certain pro- visions set out in the section. So far as these provisions relate to the aldermen and councillors, it is only necessary here to refer to one of them, viz., that which directs that the divisions of the county for the purpose of the election of county coimcillors shall be called electoral divisions and not wards, and that one councillor only shall be elected for each electoral division. It should be stated that the expression "administrative county " means the area for which a county council is elected in pursuance of the Act, but does not (except where expressly mentioned) include a county borough, i.e., any borough men- tioned in the Third Schedule to the Act. These boroughs are for the purposes of the Act made counties of themselves. As regards the number of the county councillors, and the boundaries of the electoral divisions in every county, sub-sec- tion .(3) of section 2 directs — (a) That the number of the county councillors, and their apportionment between each of the boroughs which have sufficient population to return one councillor and the rest of the county, shall be such as the Local Government Board may determine ; 344 Appendix. (b) That any borough returning one councillor only shall be an electoral division ; and (o) That in the rest of the county the electoral divisions shall be such as in the case of a borough returning more than one councillor the council of the borough, and in the rest of the county the quarter sessions for the county, may determine ; subject in either case to the directions enacted by the Act ; and in the case of elections after the first, to any alterations made in accordance vpith such directions, in manner in the Act mentioned. In pursuance of the power conferred upon them by the Act, the Board have issued Orders determining the number of the county councillors for each county, and their apportionment between each of the boroughs which have sufficient population to return one councillor, and the rest of the county. Six copies of the Order relating to your county are enclosed. It will of course be understood that the number of councillors pre- scribed by the Order does not include the county aldermen. It will now devolve on the town council of each of the boroughs returning more than one councillor, and, in so much of the administrative county as is not comprised in a borough returning one or more councillors, on the court of quarter sessions for the county, to determine the electoral divisions, subject to the directions enacted by the Act. The Act requires that the electoral divisions for the first election shall be fixed on or before the Sfh November next, and it provides that in the constitution of electoral divisions of a county, whether for the first election or for subsequent elec- tions, the following directions shall be observed : — (1.) The divisions must be arranged with a view to the population of each division being, so nearly as con- veniently may be, equal, regard being had to a proper representation both of the rural and of the urban population, and to the distribution and pur- suits of the population, and to area, and to the last published census for the time being, and to evidence of any considerable change of population since the census was taken ; (2.) Electoral divisions must, so far as may be reasonably practicable, be framed so that every division shall Circular of Local Government Board. 345 be a ooimty district, {i.e., an urban or rural sanitary district,) or a ward, or a combination of county dis- tricts or wards, or be comprised in one county dis- trict or ward. But where an electoral division is a portion of a county district or ward, and such por- tion 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, it must, 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 cm-rent register of electors ; (3.) Whenever under these provisions a county district is divided into two or more portions, every such por- tion must, 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 will apply as if, where a rm'al 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. Any such portion may be combined with a county district, or portion of a county district, although not adjoining. The term " ward " is not defined by the Act, but for the present purpose the Board understand it to mean a ward formed for the election of the members of any m'ban sanitary authority. The general principle of the directions mentioned above appears to the Board to be that the electoral divisions are to be so formed as not to overlap an urban sanitary district, ward, or rural sanitary district, except in so far as may be necessary for giving effect to the provisions contained in the paragraph numbered (1). Regard is also to be had to the boundaries of parishes, and the Board may point out that where a parish is situate partly within and partly without a borough or urban sanitary district, each part is to be con- sidered as a separate parish for this purpose. . The Board may observe that in some counties there are boroughs which, although they have not sufficient population 346 Appendix. to enatle them to return a councillor, yet form parts of county districts, to which separate representatives might properly be assigned. In any such case it will of course be competent for the court of quarter sessions to form the county district into an electoral division. In each of the cases last referred to, it will shortly devolve on the Board to issue a provisional order under the Act determining the future area of the county district in such a manner that the town council will become the district council. Where it is probable that the boundaries of the borough will be by this means extended, it might manifestly have been productive of inconvenience and have necessitated the future alteration of the electoral divisions of the county, if a coun- cillor had been assigned to the borough, before its boundaries had been extended. The first council elected under the Act for any administra- tive county is to be elected for the county at large as bounded at the passing of the Act for the purpose of the election of members to serve in Parliament for the county. This pro- vision, however, is subject to the following exceptions : — (1.) It does not apply to the boundary between two administrative counties which are portions of one entire county, and in case of those administrative counties, the boundary between the portions, as existing for the purposes of county rate, will, subject to any change made by or in pursuance of the Act, be the boundary of the administrative county for which the council is elected. (2.) Where an urban sanitary district is situate partly within and partly without the boundary of such county, the district is to be deemed to be within that county which contains the largest portion of the population of the district, according to the census of 1881. (3.) The wapentake of the ainsty of York (except so much as is included in the municipal borough of York, as extended by the York Extension and Improvement Act, 1884) is for all purposes of the Local Govern- ment Act to be deemed to be part of the west riding of the county of York. Circular of Local Government Board. 347 If any difference arises as to the county which contains the largest portion of the population of an urban sanitary district situate in two or more counties, the difference is to be referred to the Board, whose decision will be final. These provisions do not apply to the administrative county of London, nor to any county borough; and any place which, though forming part of a county borough for the purposes of the election of members to serve in Parliament, is not within the municipal boundary of the borough, will, for the present purpose, form part of the county in which the place is situate. It will be seen that the area for which a county council is to be elected, and in which, therefore, electoral divisions must be formed by the court of quarter sessions, wiU not necessarily be the same as the area hitherto subject to the jurisdiction of the court. For, as already stated, an urban sanitary district situate partly within and partly without the county is to be deemed to be within that county which con- tains the largest portion of its population, and the part of any district thus brought into the administrative county must, in constituting electoral divisions, be dealt with by the court of quarter sessions of that county only, unless it forms part of a borough which will return one or more councillors, in which case the electoral divisions will have to be deter- mined by the town council, and not by quarter sessions. Moreover, for all purposes of the Act, every liberty and franchise of a coimty, whoUy or partly exempt from contri- bution to the county rate, is, subject to certain exemptions which are not material for the present purpose, made part of the county in which it is included for ParHamentary elections. The Cinque Ports, and two ancient towns, and their mem- bers, are also, for all the purposes of the county council, and of the powers and duties of quarter sessions under the Act, to form part of the county in which they are respectively situate. In all these cases it will devolve upon the court of quarter sessions of the county to deal with the areas in question in forming electoral divisions, except in so far as the area may be included in a county borough, or in any borough which will return one or more councillors. The courts of quarter sessions for the counties of Middle- 348 Appendix. sex, Surrey, and Kent respectively, -will form the electoral divisions in so much of those counties as is situate outside the metropolis, and is not comprised in a county borough, or in any borough returning one or more councillors. The ridings of Yorkshire, the divisions of Lincolnshire, the eastern and western divisions of Sussex, under the County of Sussex Act, 1865, the eastern and western divisions of Suffolk, the liberty of the Isle of Ely, and the rest of the county of Cambridge, the soke of Peterborough, and the rest of the county of Northampton, constitute separate adminis- trative counties for the purposes of the Act, and it will devolve on the courts of quarter sessions having jurisdiction in these areas to form electoral divisions in so much of them respectively as is not included in any borough with sufficient population to return one or more councillors. The Soilly Isles are not to be included in any electoral division of the county of Cornwall. It is obvious that in fixing the electoral divisions in accord- ance with the directions contained in the Act, regard must be had to the areas for which separate lists or parts of lists of voters have been made, so that the electoral divisions may be formed in such a way that there will be no difficulty in ascertaining who are the electors entitled to vote in each division. The Board are desirous of drawing special atten- tion to this poiat. They are empowered by the Act, in the case of the first election, to authorise an electoral division to return two or more members in any case where the difficul- ties arising out of the registers of voters, and the population of any area appear to render it necessary, and they may also authorise portions of two or more county districts or wards for which a separate register can be made, to be united for the purpose of an electoral division. The Board think, how- ever, that these powers should only be resorted to in very exceptional cases. I am. Sir, Your obedient Servant, Walter H. Long, Secretary. The Clerk of the Peace. ( 349 ) LOCAL GOVEENMENT ACT, 1888. Local Grovernment Board, Whitehall, S.W., 17th August, 1888. Sir, — I am directed hy the Local Government Board to draw the attention of the Town Council to the provisions of the Local Government Act, 1888, relative to the constitution of county councils. [Th.6 Circular, after setting forth the provisions of sections 1 and 2 of the Act -with the observations of the Board thereon, in identical terms with the Circular to the Clerk of the Peace, ante, pp. 343, 344, proceeds :] In pursuance of the power conferred upon them by the Act, the Board have issued Orders determining the number of the county councillors for each county, and their ap- portionment between each of the boroughs which have sufficient population to return one councillor and the rest of the county. Three copies of the Order, relating to the county in which your borough is situate, are enclosed. It will of course be understood that the number of councillors prescribed by the Order does not include the county alder- men. It,,^ll now devolve on the town council of each of the boroughs returning more than one councillor, and in so much of the administrative county as is not comprised in a borough returning one or more councillors on the court of quarter sessions for the county, to determine the electoral divisions subject to the directions enacted by the Act. The Act requires that the electoral divisions for the first election shall be fixed on or before the 8th November next, and it provides that in the constitution of electoral divisions of a county, whether for the first election or for subsequent elections, the following directions shall be observed: — (1.) The divisions must be arranged with a view to the population of each division being, so nearly as conveniently may be, equal, regard being had to a proper representation both of the rural and of the 350 Appendix. urban population, and to the distribution and pur- suits of the population, and to area, and to the last published census for the time being, and to evidence of any considerable change of population since the census was taken. (2.) Electoral districts must, so far as may be practicable, be framed so that every division shall be a county district («. e., an urban or rural sanitary district), or a 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, it must, 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 the section, a county district is divided into two or more portions, every such portion must, 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 will 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. Any such portion may be combined with a county district, or portion of a county district, although not adjoining. The general principle of the directions mentioned above, appears to the Board to be that the electoral divisions are to be so formed as not to overlap a sanitary district or ward, except in so far as may be necessary for giving effect to the provisions set forth in the paragraph numbered (1). Regard is also to be had to the boundaries of parishes, and the Board may point out that where a parish is situate partly within and partly without a borough or urban sanitary district, each part is to be considered as a separate parish for this purpose. Circular of Local Government Board. 351 It is obvious that, in fixing the electoral divisions in accordance with the directions contained in the Act, at- tention must be paid to the areas for vs^hich separate burgess lists, or parts of such Hsts, have been made, so that the electoral divisions may be formed in such a way that there will be no difficulty in ascertaining who are the electors entitled to vote in each division. The Board are desirous of drawing special attention to this point. They are empowered by the Act, in the case of the first election, to authorise an electoral division to return two or more members in any case where the difficulties arising out of the registers of voters and the population of any area appear to render it necessary, and they may also authorize portions of two or more county districts or wards for which a separate register can be made, to be united for the purpose of an electoral division. The Board think, however, that these powers should only be resorted to iu very exceptional cases. I am. Sir, your obedient Servant, Walter H. Long, Secretary. The Town Clerk. OEDBE OF THE LOCAL GOVEENMENT BOAED Ab to Certain Proceedings in Boroughs at First -flection of County Councillors, made pursuant to tlie poicers given by sect. 108 of the Local Government Act, 1888. To the Eetuming Officers for the First Election of County Coimcillors for the several Administrative Counties in England and Wales other than the County of London ; to the Mayor, Aldermen, and Burgesses of the several Boroughs in England and Wales, other than County Boroughs ; and to all others whom it may concern. [After reciting, amongst other things, that "a difiSculty has arisen as to the person by whom, prior to the taking of the poll at an election of a county councillor in any electoral division which is either co-extensive vdth or wholly comprised in a borough, the proceedings to be taken and things to be done in relation to such election should respectively be taken and done," the order proceeds :] 352 Appendix. Now therefore, in purstiaiice of the powers given to us in that behalf, we hereby order as follows : — Article I. — For the purposes of the first election of a county councillor for an electoral division which is either co- extensive with or wholly comprised ia a borough, the mayor and town clerk of the borough respectively, subject as regards the mayor to the revision by the county returning officer of any decision of an objection, shall, in relation to the said election, have, with regard to all matters provided for in Parts II. and III. of the third schedule to the Municipal Corporations Act, 1882, and all other matters prior to the day of the poll, the same powers and duties as they respectively have in relation to the election of councillors of the borough, and that although no writ has been directed to them or either of them from the county returning officer. Akticle II. — The Local Government Act, 1888, and the enactments thereby applied, shall be modified, so far as is necessary for the purpose of giving effect to this order. Article III. — In this order the expression " the mayor " shall include any alderman chosen in pursuance of section 67 (1) of the Municipal Corporations Act, 1882, as applied by section 75 of the Local Grovemment Act, 1888, to execute the powers and duties of the mayor. Any other expres- sions in this order shall have the same meaniug as in the said Local Grovemment Act. GKven under the seal of office of the Local Government Board, this fourteenth day of December, in the year one thousand eight hundred and eighty-eight. [l-s.] Chas. S. Ritchie, President. Hugh Owen, Secretary. Note :— " The order wiU not, except so far as it expressly confers powers on the mayor and town clerk, interfere with the functions of the county returning officer. Thus it will still rest with that officer to fix the day for the first election of cotmty councillors throughout the entire administrative county, including the boroughs which it contains, and it wiU stiU be necessary for him to direct a writ, under section 75 (6) of the Local Government Act, with respect to the action of the returning officer in connection with the taking of the poll and the subsequent proceedings at the election."— C/rcw/ar of Local Government Board, Wth December, 1888, accompanying the Order. COUNTY COUNCILS. The number of Councillors for each County Council, as fixed by separate Orders of the Local G-overnment Board issued to each county in England and Wales, is as follows : — ENG-LAI^D. Bedfobd — COENWALIi— Bedford .. 6 Bodmin . . Dunstable .. 2 Falmouth Luton . . .. 7 Helston . . Eemaiader of Comity. . .. 36 Launceston — Liskeard Total . . .. 51 Peuryn . . Beees — Abingdon .. 2 Penzance St. Ives Truro Eemainder of County . . 2 1 2 55 Maidenhead . . Newbury .. 2 .. 3 New "Windsor . . Wallingf ord . . .. 3 .. 1 Total 66 Wokingham . . .. 1 OnMBEELAUD — Remainder of County . . .. 39 Carlisle . . 8 — Workington 3 Total . . .. 51 Eemainder of County. . 49 Bucks— Buckingham , . .. 1 Total 60 Chipping Wycombe . . .. 3 Dbebt— Eemainder of County. . .. 47 Chesterfield 2 GrloSSOp 3 Total . . .. 51 Ilkeston 2 Eemainder of County . . 53 CAMBBtDaE (exclusive of TsT.Til OP — Ely)— Total 60 Cambridge .. 14 Devon — Remainder of Division .. 34 Barnstaple 2 — . Bideford 1 Total . . .. 48 Clifton, Dartmouth, Hardness 1 Tiverton 2 Cambetdqe (Isle ov Elt Division) — Wisbech 6 Eemainder of County . . 72 Eemainder of Division .. 36 Total 78 Total . . .. 42 DOESET— Bridport 2 Chester — Dorchester 2 Congleton .. 1 Lyme Eegis 1 Crewe . . .. 3 Poole 3 Hyde .. 3 Shaftesbury 1 Macclesfield . . .. 4 Wareham 1 Stalybridge .. 3 Weymouth & Melcombe Eegis 3 Eemainder of County. . .. 43 Eemainder of County . . 44 Total . . B. .. 67 Total A A 57 354 Appendix. DiTEHAM — Lanoasteb — continued. Darlington .. 4 Chtheroe .. 1 Durham . . .. 2 Darwen . . .. 2 Hartlepool .. 2 Heywood .. 1 JarroTv . . .. 3 Lancaster .. 1 Stooktou-on-Teea .. 4 Middleton .. 1 West Hartlepool .. 3 Mossley . . .. 1 Eemainder of Comity. . .. 64 Southport .. 2 — Warrington .. 3 Total . . .. 72 Eemainder of County . . .. 85 Essex — — Chelmsford .. 1 Total . . ..105 Colchester Harwich Maldon . . Saffron Walden .. 3 .. 1 1 Leicestee — ■ Loughborough . . .. 3 .. 1 Eemainder of County. . .. 51 Eemainder of County. . .. 56 Total . . .. 54 Total . . .. 63 LnsrooLN (Holland) — GrLOUCESTEB— Cheltenham .. 6 Boston 7 Eemainder of parts of Holland 35 Tewkesbury .. 1 Total .. 42 Eemainder of County . . .. 53 — LrNOOLN (Kesteven-) — Total . . .. 60 Grantham .. 7 Hebefoed — Stamford .. 4 Hereford .. 8 Eemainder of parts of Kesteven 3 7 Leominster .. 2 — Eemainder of County. . .. 41 Total . . .. 48 — Lincoln (Lindset) — Total . , Heets— .. 51 Great Grimsby. . Louth . . .. 6 .. 2 Hertford St. Albans .. 2 .. 3 Eemainder of parts of Lindsey 49 Eemainder of County. . .. 49 Total . . .. 57 Total . . .. 54 Middlesex .. 64 HmiTS— MONMOTJTH — Godmanchester .. 1 Monmouth . . .. 1 Huntingdon . . .. 3 Newport .. 8 St. Ives Eemainder of County. . .. 2 ., 33 Eemaiader of County . . .. 39 — Total . . .. 48 Total . . .. 39 NOEFOLK— Deal 1 King's Lynn . . .. 3 Dover . , . 3 Thetford .. 1 Faversham !! 1 Eemainder of County. . .. 53 Folkestone- .. 2 — - Gravesend .. 2 Total . . .. 57 Maidstone .. 3 NoETHAMPTON (exclusive of the Soke Margate .. 2 OF PETEEEOEOiraH) — Eamsgate .. 2 Brackley .. 1 Eoohester .. 2 Daveutry .. 1 Eemainder of County. . .. 54 Eemainder of County. . .. 49 Total . . .. 72 Total . . .. 51 Lakoastee — NOETHAMPTON (SoKE OE Petee- Accrington .. 2 boeotjoh) — Ashton-under-Lyne , . .. 2 Peterborough . . .. 20 Baeup . . .. 2 Eemainder of Soke . . . . 10 Blackpool . . , , .. 1 Chorley . . . . .. 1 Total . . .. 30 County Councils. NOETHUITBEELAOT) — SUBTOIiK (EaRTEEN DIVISION) — Berwiok-ou-Tweed . . .. 3 Aldeburgh .. 1 Morpeth .. 1 Beccles , . .. 2 Tynemoutli .. 9 Eye .. 1 Eemainder of County. . .. 47 Lowestoft .. 6 — Southwold . . . , .. 1 Total . . .. 60 Remainder of Division .. 46 Notts — — East Eetford . . .. 2 Total . . .. 57 Newark .. 4 Remainder of County . , .. 45 StrppoLK (Westeen Diyibion) — — Bury St. Edmunds .. 6 Total . . .. 51 Sudbury .. 3 OXFOED— Remainder of Division .. 39 Banbury Chipping Norton .. 1 .. 1 Total . . .. 48 Henley-on-Thames . . Oxford Kemaiuder of Comity . . .. 1 .. 11 .. 43 Stjbeet — Guildford Kingston-on-Thames . . .. 2 .. 3 Total . . .. 67 Reigate . . Remainder of County . . .. 3 .. 49 RuTLAun .. 21 Saiop— Total . . .. 57 Bridgnorth Ludlow . , .. 1 .. 1 Sussex (Eabteen Division) — Oswestry .. 2 Eastbourne .. 5 Shrewsbury .. 5 Lewes . , . . 3 .. 1 Wenlook . . . . .. 4 Rye Remainder of County. . .. 38 Remainder of Division .. 42 Total . . .. 51 Total . . .. 51 SOMBBSET — Bridgewater .. 2 Sussex (Westeen Division) — Glastonbury Taunton . . t • .. 1 .. 2 Arundel Chichester . . _ . . .. 1 0. 3 Wells .. 1 Remainder of Division .. 41 Teoyil . . .. 1 — Remainder of County. , .. 59 Total . . .. 45 Total . , .. 66 Waewiok — Leamington .. 4 SoUTiLOrPTON — Stratford-on-Avon . . .. : Andover .. 1 Sutton Coldfieia .. 1 Basingstoke .. 1 Warwick .. 2 Newport .. 2 Remainder of County. . .. 46 Romsey . . .. 1 — Ryde .. 2 Total . . .. 54 Winchester .. 3 Remainder of County. . .. 65 Westmoeelaitd — Total . . .. 75 Appleby Kendal .. 1 .. 8 Staffoed — Remainder of County. . .. 33 Burslem., .. 3 — Burton-on-Trent .. 4 Total . . .. 42 Lichfield .. 1 Longton .. 2 Wilts — Newoastle-under-Lyme .. 2 Devizes . . .. 1 Stafford .. 2 Malmesbury . . . . 1 Stoke-upon-Trent .. 2 Marlborough . . .. 1 Wednesbury . . Remainder of County. . .. 2 .. 57 Salisbury Remainder of County. . .o 3 ... 54 Total . . .. 75 Total . . .. 60 A a2 356 Appendix. ■WOEOESTEE— ToEK (West Eidino )- Bewdley .. 1 Barnsley Droitwioli Evesham. .. 1 .. 1 Batley .. Kadderminster . . .. 4 Dewsbury Eemainder of Comity . . .. 50 Donoaster Total . . YOEK (Easi RiDINa) — Beverley Remainder of Riding . . .. 57 .. 4 .. 47 Harrogate Keighley Morley . . Pontefract — Ripon . . Total . . .. 51 Eotherham ToBK (NoETH RroiNa) — Wakefield Richmond Scarborough . , .. 1 .. 6 Eemainder of Riding . . Remainder of Riding . . .. 63 Total Total . . .. 60 WA] CiES. Anglesey — Denbigh — continued. Beaumaris . , . . .. 2 Wrexham Eemainder of County. . .. 40 Remainder of County . . Total . . .. 42 Total. Beeoekook — Flint — • Brecknock .. 5 rUnt Remainder of County. . .. 40 Remainder of County. . Total . . .. 45 Total Oasdioait — Aberystwith . . Cardigan Lampeter Remainder of County . . .. 4 .. 2 .. 1 .. 41 Glakoegajst— Aberavon Neath Remainder of County. . Total . . .. 48 Total Caeiwaeisen — Meeionbth , . Carmarthen .. 4 KidweUy .. 1 MONTQOHEET — Llandovery .. 1 Llanf yUin Eemainder of County . . .. 45 Llanidloes Montgomery . . Total . . .. 61 Welshpool Cabnaeyon — Remainder of County. . Bangor . . .. 4 Total Carnarvon .. 4 Conway . . . . .. 1 Pembeoke — PwUheH .. 1 Haverfordwest . . Remainder of County . . .. 38 Pembroke Tenby Total . . .. 48 Remainder of County , , Denbioh— Denbigh . , , , .. 3 Total Euthin , , . . , , .. 1 Rabnoe INDEX. ABOLITION, of fairs, 17. ABSENCE, what, disqualifies alderman, 102. councillor, 102. does not disqualify chairman or deputy, 103. AESTEACT of accounts, 97. ACCOMMODATION, for quarter sessions and justices, 90. ACCOUNT, general county, 92. local taxation, 28. audit of, 41. power to borrow on, 41. special county, 93. ACCOUNTS, of county council, 93. abstract of, 97. appUoation of Municipal Corporations Act, 1882, to, 97. audit of, 97. form of, 97. inspection of, 97. local financial year, for, 99. of joint committees, 112. of lunatic asylums, 117. of conservators of salmon fisheries, 10, 11, 12. of provisional coxmcU, 139. of returning ofBcer, 104, 105, 106. of county treasurer, duty of passing, 6. ACTIONS, saving for pending, 157. ADDITIONAL EEVISING BAEEISTEE. See under Ootjntt Eleotoes Act, 1888 : Revising Barrister. 358 Index. ADJOUENMENT, of meetings of provisional council, 134. ADJUSTMENT, of boundaries, 77. respecting distribution of local taxation licences, probate duty grant, &c., between counties and county boroughs, 44. principles on wbich. to be made, 45. pending, reciprocal payments by counties and county boroughs, 47. of property and liabilities by agreement of coxmcils and other autho- rities, 87. funds out of which sums required for, are to be paid, 88. capital sums paid to councils in respect of, how to be treated and applied, 88. borrowing for purposes of, 88. ADMINISTEATrVH BUSINESS, meaning of, in the case of certain special counties and liberties, 70. AUMESnSTEATIVE COUNTY, meaning of, 124. of London, 58. ADVANCES, to returning officer, 106. from Consolidated Fund to be a first charge upon local taxation account, 166. AGENTS, at election of county councillors, 204. AGEEEMENT, between county and borough councils for cessation of parishes in borough from exemption of assessment, 54. between councils and other authorities for adjustment of property and liabilities, 87. borrowing for purposes of, 88. AINSTT OP YOEK, wapentake of, 74. ALDEEMAN, COUNTY, 1, 2. qualification of, xiv, 2, 181. number of, xiv, 181. in county of London, xiv, 60. term of office of, xiv, 181. election of, 2, 204, 205. date of, 102. aldermen not to vote in, 2. acceptance of office by, 102, 103, 193. declaration on, 194. Index. 359 ALDEEMAN, OOTJNTT— com