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THE 
 
 Focal Government Act, 
 
 Iavfeitele 
 
 AND THE INCORPORATED PROVISIONS OF THE 
 
 MUNICIPAL CORPORATIONS ACT, 1882; 
 
 THE MUNICIPAL ELECTORS (CORRUPT PRACTICES) ACT, 1884, 
 THE BALLOT ACT, 1872, 
 AND THE COUNTY ELECTORS ACT, 1888 ; 
 
 WITH 
 
 INTRODUCTION, NOTES AND INDEX; 
 
 THE WHOLE FORMING 
 
 A ComPLETE EPITOME OF THE LAW RELATING TO THE CONSTITUTION 
 AND ELECTION oF CotuNnTY COUNCILS, AND THEIR POWERS, 
 DUTIES, AND LIABILITIES. 
 
 Second Ldition, Revised and Enlarged, 
 
 BY 
 
 ALEX. MACMORRAN, M.A., 
 
 OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW ; 
 One of the Editors of the “ Justice of the Peace,” Lumley’s “ Public Health,” &c. 
 
 LONDON: 
 SHAW & SONS, FETTER LANE AND CRANE COURT, E.C. 
 Law Printers anv Publishers, 
 
 1888. 
 
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 20 AUG 14 Bi 
 
 PREFACE TO THE SECOND EDITION, 
 
 —— Sa 
 
 HE First Edition of this work met with a very gratifying 
 
 reception, and ran out of print within a little over a | 
 
 month from the date of publication. It therefore became 
 
 necessary to prepare another Edition, and the Author has 
 
 taken advantage of the opportunity thus afforded to him of 
 
 revising the whole work. Many of the Notes have been 
 
 “> added to, and a few have been altered. The County Electors 
 
 LeaK oo Ca 2 
 
 Fu 
 
 f 
 
 rT coe A 
 
 ro lata 
 
 Act has been -added, as it is referred to in many of the 
 Notes. | 
 
 ASTM 
 
 2, Exm Court, TEMPLE, 
 
 November, 1888, 
 
 LO05 24 
 
PREFACE TO THE FIRST EDITION. 
 
 = 
 
 ATHEN the Local Government Bill was first introduced 
 into Parliament, the Proprietors of the “ Justice of 
 the Peace” entrusted to the Author of this work the task 
 of editing a series of Supplements to that Journal, which 
 were to be devoted to the explanation and criticism, of the 
 details of the Bill. These Supplements were published from 
 week to week until the Bill was finally passed. They met 
 with considerable favour, and the Publishers have since 
 desired the Author to prepare an Edition of the Act for 
 the use of those who are interested in carrying it into 
 effect. 
 
 The present Volume consists, first, of the Local Govern- 
 ment Act; and, secondly, of the Incorporated Acts which 
 relate to the Constitution, Election, and Business of the 
 County Councils. The Act itself has been fully Annotated, 
 and the Notes to the Incorporated Statutes have been pre- 
 pared with equal care, so as to show in every case the 
 modifications which have to be made in applying them to 
 
 County Councils. 
 
 The numerous Statutes which are referred to in the Act, 
 but which are not incorporated in the sense in which, for 
 example, the Municipal Corporations Act, 1882, is in- 
 corporated, are not set out in detail, but the effect of them 
 
 has been stated, and any changes consequent upon the 
 
v1 Preface to the First Edition. 
 
 passing of the Act have been indicated. For example, the 
 several Sections of the County Hlectors Act referred to in 
 Section 76 of the Local Government Act are set out in full 
 so far as that was necessary to explain the Amendments 
 effected in them by the latter Act. The provisions of the 
 Public Health Act, 1875, and of the Returning Officers 
 (Expenses) Acts, are also fully set out in the Notes to the 
 several Sections in which they are referred to. 
 
 The Index to the Statutes and Cases, and the general Index, 
 are by Mr. W. Macxenziz, M.A., of the Northern Circuit. 
 
 A. M; 
 
 2, Etm Court, TEMPLE, 
 September, 1888. 
 
CONTENTS. 
 
 ae 
 
 PAGE 
 Preface to the Second Edition ... ne Se iii 
 Preface to the First Edition Vv 
 Table of Statutes Xxili 
 Table of Cases xli 
 List of Books (with the edition and date ited a in 1 the Text) xlvii 
 Introduction aie ity vee ate ee a ota xlvii 
 
 LOCAL GOVERNMENT (ENGLAND AND WALES) 
 ACT, 1888. 
 
 (51 & 52 VICT. Car. 41.) 
 
 PART I. 
 County CouUNCILS. 
 
 Constitution of County Council. 
 
 SECTION PAGE 
 1. Establishment of county council... ; 3 see 
 2. Composition and election of council and position of chairman 1 
 
 Powers of County Council. 
 3. Transfer to county council of administrative business of quarter 
 sessions 4 
 4, Transfer of certain powers ‘under local Acts 12 
 5. Appointment of coroners by county council ... of a 
 6. Power of council as to bridges 15 
 7. Transfer to county council of certain powers of justices out of 
 session oe 15 
 8. Reservation of business to quarter sessions 16 
 9. Powers as to police aa ba 
 10. Transfer to county council of powers of certain Government 
 departments and other authorities 17 
 11. Entire maintenance of main roads by county foannis 19 
 12. Roads and tolls in Isle of Wight... ahs se 28 
 13. Adaptation of Act to South Wales roads ee 28 
 14, Power to county council to enforce provisions of 39 & 40 Vict. 
 c. 75 ees hee ees Ses Te ee ees see OU 
 
Vili 
 
 Contents. 
 
 Financial Relations between Exchequer and County, and Contributions 
 
 by County for Costs of Union Officers. 
 
 SECTION PAGE 
 15. Council to have power to oppose Bills in Parliament... 31 
 16. Power of county council to make bye-laws dl 
 17. Power of county councils to appoint medical officer of health 33 
 18. Qualification of medical officers of health # 33 
 19. Power of county council as to report of medical officer af health 34 
 20. Payment to county council of proceeds of duties on local taxa- 
 tion licences 35 
 21. Grant to county council of portion of probate duty 37 
 22. Distribution of probate duty grant 37 
 
 23. Application of duties on local taxation eens Prt probate 
 duty grant : 38 
 
 24, Payments by county poonel in ‘substitution fc ante ioe 
 grants out of Exchequer in aid of local rates .. = 41 
 25. Ay to Secretary of State’s power respecting efficieney of roles 48 
 26. Grant by county council towards costs of officers of union 49 
 
 27. Supplemental provisions as to local taxation account and 
 Exchequer contribution account 50 
 
 General Provisions as to Transfer. 
 
 28. General provisions as to powers transferred to county council 51 
 
 29. Summary proceeding for determination of baa as to 
 transfer of powers 52 
 
 30. Standing joint committee of cutee sessions and. ‘counte 
 
 council for the purpose of police, clerk of the peace, 
 officers, &c. ee ss a — “us ae mar 
 
 PARTI. 
 APPLICATION OF Act To BorouGHS, THE METROPOLIS, AND 
 CERTAIN SPECIAL COUNTIES. 
 Application of Act to Boroughs. 
 
 31. Certain large boroughs named in the schedule to be county 
 boroughs .. of ale 
 
 32. Adjustment of financial relations ‘between counties and county 
 boroughs ... i 54 
 33. Provisions as to police andl pateable vateee in opus boroughs! 59 
 34. Application of Act with modifications to county boroughs 60 
 
 35. Application of Act to larger quarter sessions boroughs not 
 county counties ... bis <a . 64 
 
 36. General application of Act to Boroughs! with sparen comiiis- 
 sion of the peace... ves eee as bee ass ce) 68 
 
Contents. 
 
 IX 
 Application of Act to Metropolis. 
 SECTION PAGE 
 37. Application of Act to quarter sessions tags 5k hereafter 
 created if 69 
 38. Application of Act to arial fer (peaiee sessions Ehorotehs wath 
 population under 10,000 69 
 39. Application of Act to all boroughs with poptlation under 
 10,000 - 72 
 40, Der eaton of Act tp Metropolis « as feenty of ender 74 
 41. Position of City of London, and application of Highway Acts. 76 
 42. Arrangements for paid chairman and cues of ee sessions 
 for London ne 79 
 43. Grant by London Cottitgs Council to com lawa unions 82 
 44, Transfer of duties under 32 & 33 Vict. c. 67, of clerk a 
 metropolitan asylum managers.. a aay 1 
 45. Adjustment of law as to Spe ler orses 4 in zhe. ecole ... 84 
 Application of Act to Special Counties and to Liberties. 
 46. Application of Act to certain special counties ... 85 
 47. Saving for Manchester Assize Courts Act, 1858 88 
 48, Merger of liberties in county ae 88 
 49, Power to make Provisional Order for Scilly Telands as 90 
 PART IIL. 
 Boundarves. 
 50. Boundary of county for first election 90 
 51. Directions for constitution of electoral ciyiiohe 92 
 52. Provisional order as respects boroughs and urban anitar : 
 districts in same area 94 
 53. Consideration of alterations of boundaries by Saunt Roureies 94 
 54, Future alterations of boundaries .. : 95 
 55, Contents of Bae order amalgamating two. “county 
 boroughs ... ; ee 96 
 56. Procedure for charter of new ® borough met st 97 
 57. Future alteration of county districts and parishes ud wards} 
 and future establishment of urban districts ... as Ree ites 
 58. Additional power of Local Government Board as to unions ... 100 
 59. Supplemental provisions as to alteration of areas ee nLOO 
 60. General provision as to alteration of boundaries MaiLOd 
 61. Appointment of Commissioners .. “Gi ei 10S 
 62. Adjustment of property and liabilities ... ivs LOS 
 63. Arbitration by Local Government Board sae 107 
 
x Contents. 
 PART’ IV: 
 SECTION FINANCE. PAGE 
 Property Funds and Costs of County Council. 
 64. Transfer of county property and liabilities ean 108 
 65. Power to acquire lands Hee 
 66. Costs of justices to be payable out of county fand gh 
 67. Adjustment of law as respects costs ordered by quarter sessions 
 or justices to be paid ay a 
 68. Funds of county council ... ye Gs: 
 69. Borrowing by county council oat LD 
 70. Issue of county stock net 2149 
 71. Audit of accounts of county council . 120 
 72. Adaptation of Part V. of 45 & 46 Vict. c. 50, : as to corporate 
 property and liabilities Pe e re yr 
 Local Financial Year and Annual Budget. 
 73. Fixing a local financial year and consequent adjustments . 123 
 74, Annual budget of county councils ak be 
 PART V. 
 SUPPLEMENTAL. 
 Application of Acts. 
 75. Application of 45 & 46 Vict. c. 50 to county councils and this 
 Act to ie ae Rt ree oo 
 76. Amendment of 51 & 52 Vict. c. 10 ; : . 135 
 77. Residentiai qualification of county electors in ‘adintaiaameiee 
 county of London é eos 139 
 78. Construction of Acts referring to oueiniegs transom “ti Btrey ft) 
 Proceedings of Councils and Committees. 
 79. Incorporation of county council . : . 141 
 80. Payments out of fund and finance committee of “county 
 council 2 t ... 142 
 81. Appointment of joint committees Pee 
 82. Proceedings of committees . 144 
 Officers. 
 
 83. Clerk of the peace and of county council ; : «slap 
 84, Appointment of the justices’ clerks and clerks of conta ttteds 149 
 Regulations for Bicycles, ce. 
 
 85. Regulations for bicycles, &e. ... nee v2 ise «.. 149 
 
Contents. xl 
 Adaptation of Acts. 
 
 SECTION PAGE 
 86. Adaptation of Lunatic Asylum Acts se . 150 
 87. Application of provisions of 38 & 39 Vict. c. 55, as to Teed 
 
 inquiries and provisional orders a a8 ... 153 
 
 88. Adaptation of Act to metropolis... . 155 
 
 89. Adjustment of law as regards courts, juries, sittings, and legal 
 
 proceedings i in Middlesex and London E ya 156 
 
 90. Special provisions as to adjustment in the e metropolis. Peal Fig! 
 
 91, Adjustment as regards the Militia Acts.. LG g 
 Savings. 
 
 92. Saving for votes at any Parliamentary elections A ys 
 
 93. Saving for Metropolitan and City Police yaap 88 
 
 94, Saving for Metropolitan Common Poor Fund ... ate LOS 
 
 95. Saving as to Middlesex, Surrey, and Kent yale 
 
 96. Saving for Middlesex Land Registry . 159 
 
 97. Saving as to liability for main roads . 160 
 
 98. Saving for powers of Commissioners of inland Revenue and 
 
 Customs ... ae ee am tea se a3 ae LOU 
 Definitions. 
 
 99. Definition of “written” ... ts oe ais ... 160 
 100. Interpretation of certain terms in the Act sea LOO) 
 101. Extent of Act »ss 166 
 102. Short title ... . 166 
 
 PART VI. 
 TRANSITORY PROVISIONS. 
 First Election of County Councillors. 
 
 103. First election of county councillors . 166 
 
 104. Retirement of first county councillors : . 169 
 
 105. Preliminary action of county councillors as provisional 
 
 council ee 170 
 
 106. First proceedings of provisional eohneils ood YM. 
 
 General Provision as to First Elections. 
 
 107. Casual vacancies at first elections fs me YE: 
 108. Power of Local Government Board to remedy detects, . 174 
 Appointed Day. 
 
 109. Appointed day _... oe) ie ae ase ere seoekio 
 
Xi Contents. 
 
 Transitional Proceedings. 
 
 SECTION PAGE 
 110. Current rates, jury lists, &c. <; , ve ae ode 
 111. Transitory provisions as to lunatic asym rr i ee ee 
 
 - 112. Transitory provisions as to Contagious Diseases (Animals) 
 Acts hes a5 _ $e ees de ey) yeakoe 
 
 Transitory Provisions as to Metropolis. 
 
 113. Transitory provision as to sheriffs of London and Middlesex... 178 
 114, As to existing coroners for Middlesex, Surrey, and Kent  ... 180 
 
 115. As to commission of the peace for London ca de rt 1 
 
 116. As to places for holding quarter sessions vi nae Pope h| 
 
 117. As to existing justices in metropolis... ane “fhe ate 
 Hauisting Officers. 
 
 118. Existing clerks of the peace and other officers ... +i no oe 
 
 119. As to officers transferred to county councils... of doe, 100 
 
 120. Compensation to existing officers... nfs he ae «se 40D 
 
 Temporary Provision as to Grant from Hachequer. 
 
 121. Grant and application of part of probate duty and of horse and 
 wheel tax during the year ending 31st March, 1889... sx 192 
 
 Savings. 
 122. Saving for existing securities and discharge of debts ... ... 195 
 123. Saving for existing bye-laws _.... fs a bee ... 196 
 124, Saving for pending actions, contracts, be. Re oe eee bs 
 125. Saving for charters, local Acts, &c. ot ite ay rae ks 
 Repeals. 
 196. Repeal of Acta 9... ace fuse | eee vee 
 SCHEDULES. 
 First Schedule (Local Taxation Licenses) ... we hoe 
 
 Second Schedue (Alteration of District Auditors Act) oot te 
 Third Schedule (County Boroughs) ... Bi Bp ... 200 
 
 MUNICIPAL CORPORATIONS ACT, 1882. 
 [45 & 46 VICT. Cap. 50.] 
 PART II. 
 
 CONSTITUTION AND GOVERNMENT OF BOROUGH. 
 Corporate Name. 
 8. Name of municipal corporation ... Sus a! “te ... 202 
 Burgesses. 
 9. Qualification of burgess ... 4: xP es Je ».- 202 
 
SECTION PAGE 
 10. Constitution of council ... re the iP Ae oe 210 
 11. Qualification of councillor Te = P Fes Pepe f at 
 12. Disqualifications for being councillor ... shee yee - 213 
 13. Term of office and rotation of councillors ei “fe ac nOlG 
 14. Number, term of office, and rotation of aldermen ... . 215 
 15. Qualification, term of office, salary, precedence, and powers is 
 
 mayor... Be obs eee . 216 
 16. Power of mayor he aries secate er 43's AS crab 
 Officers of Council. 
 17. The town clerk and eae zt bee ne ae Tremold 
 18. The treasurer are ‘er tee ore oe aA ea 
 19. Other borough officers... RAT et oe eg tA te 
 20. Security by ead remuneration of officers ey ae o-- 218 
 21. Accountability of officers .. te ae ie He a 2hG 
 Meetings and Proceedings of Council ; Committees. 
 22. Quarterly and other meetings of council; appointment of 
 committees, minutes, &c. ie oa ey tie ses 219 
 Bye-lews. 
 
 23. Power of council to make bye-laws oe wee mee wee Oak 
 24, Evidence of bye-laws __... eos rr a me w-. 223 
 ‘Accounts and Audit. 
 
 25. The borough auditors... ee ead a ane . 223 
 26. Half-yearly accounts of treasurer ws Eee ye a. 224 
 27. Audit and publication of treasurer’s accounts ... eae w-. 224 
 28. Returns to Local Government Board ... ats tn eee 225 
 
 Revising Assessors. 
 29. Revising assessors in non-parliamentary boroughs... sebyls 
 
 30. 
 
 dl. 
 32. 
 33. 
 
 Contents. Xlli 
 
 Council; Mayor, Aldermen, and Councillors. 
 
 Dwwision of Borough into Wards, or alteration of Wards. 
 
 Proceedings for division of borough into wards or alteration 
 of wards ... ye a a Ree oF wt ... 226 
 
 Supplemental and Exceptional Provisions. 
 
 Occupation of part of house Pe. ane ade fe oo. 228 
 Claim by occupier to be rated... al ee .-. 228 
 Rules as to qualification of burgess on succession, &e... sae 229 
 
XIV Contents. 
 
 SECTION PAGE 
 34, Obligation to accept office or pay fine ... aoe | Neos eae 
 35. Declaration on acceptance of office 231 
 36, Final resignation, &c. ... +P = re sae re | 
 37. Re-eligibility of office holders... He ser wo. 232 
 38. Mayor and aldermen to continue members of council... . 232 
 39. Avoidance of office by bankruptey or absence . 232 
 40. Filling of casual vacancies sad mi nae vee 234 
 41, Penalty on unqualified person acting in office re .. 234 
 42. Validity of acts done notwithstanding disqualification, &o, we 235 
 43. Duties of town clerk, deputy, and treasurer during vacancy or 
 
 incapacity oa se oie eee i aes wee 235 
 
 PART III. 
 PREPARATION FOR AND PROCEDURE AT ELECTIONS. 
 Parish Burgess Lists; Burgess Rolls; Ward Rolls. 
 
 44, Preparation and revision of parish burgess lists w-. 236 
 45. The burgess roll and ward rolls ... w.- 236 
 46. Arrangement of lists and rolls wee OG 
 47. Correction of burgess roll.. 5 = sso Oo 
 48. Printing and sale of burgess roll and other documents see. 200 
 49. Separate list of persons Cue to be councillors but not to 
 
 be burgesses ; . 240 
 
 Election of Councillors. 
 50. Borough and ward elections ro -#e i ite vee 241 
 51. Title to vote BA 7 oe ae veg ve o- 241 
 52. Day of election... ne ae abi bee o-. 241 
 53. Returning officer at élection Le od “ie onn.i Yl pigeetanees 
 54, Notice of election ... = 4 see oa ead eee 243 
 55. Nomination of candidates... oak ay ra eee vee 243 
 56. Relation of nomination to election es tn a -. 243 
 57. Publication of uncontested election a w.. 244 
 58. Mode of conducting poll at contested election ... . 244 
 59. Questions which may be put to voters ... rae me! oo. 245 
 Election of Aldermen. 
 60. Time and mode of election of aldermen... ne 7 w+. 246 
 Election of Mayor. 
 
 61. Time and mode of election of mayor . 247 
 
Contents. 
 
 Election of Auditors and Assessors. 
 
 SECTION 
 
 62. Time and mode of election of auditors and assessors ... 
 
 63. 
 64. 
 65. 
 66, 
 67. 
 68. 
 69. 
 70. 
 (ae 
 
 72. 
 73. 
 74. 
 75. 
 76. 
 
 i. 
 81. 
 85. 
 
 86. 
 
 87. 
 88. 
 89. 
 
 90. 
 
 91. 
 92. 
 93. 
 94. 
 95. 
 96. 
 97. 
 
 Supplemental and Eaceptional Provisions. 
 
 Right of women to vote .. 
 
 Polling districts 
 
 Notices as to elections ste 
 
 Time for filling casual vacancies ... 
 
 Illness, &c., of mayor or returning officer 
 Election of councillor in more than one ward .. 
 Elections not in churches.. ‘ 
 
 Omission to hold eines or election raid 
 
 Burgess roll to be in operation until revision of new burgess 
 
 roll : F 
 Non-compliance with rules 
 
 Election valid unless questioned within erelye imonthe: 
 
 Offences in relation to nomination papers 
 Offences in relation to lists and elections 
 Revival of former law on expiration of Ballot Act 
 
 PART IV. 
 
 CoRRUPT PRACTICES AND ELECTION PETITIONS. 
 
 Corrupt Practices. 
 
 Definitions .. as ove ove coe 
 Avoidance or election for general corruption 
 Striking off votes ... 
 
 Personation og 
 
 Election Petitions. 
 
 Power to question municipal election by petition 
 Presentation of petition 
 
 Security for costs ... 
 
 Petition at issue 
 
 Municipal election list 
 
 Constitution of election court 
 
 Trial of election petition ... 
 
 Witnesses ... bee re rer 
 Withdrawal of petition Ar ue Bes 
 Abatement of petition 
 
 Withdrawal and substitution of respondents 
 
 XV 
 
 PAGE 
 eo 947 
 
 ... 248 
 o. 248 
 woe 249 
 wo 249 
 woe 249 
 --. 200 
 
 . 250 
 . 250 
 
 ... 251 
 wae 2OL 
 . 251 
 . 252 
 Ae 11. 
 . 253 
 
 .-. 254 
 w. 204 
 e-. 255 
 
 » 255 
 
 ees 200 
 --- 256 
 oes 257 
 ee. 258 
 ree 209 
 «. 259 
 --» 260 
 ee 262 
 sie 20a 
 -.. 264 
 
 . 265 
 
231. 
 
 Xvi Contents. 
 
 SECTION PAGE 
 98. Costs on election petitions at ne wna 20 
 99. Reception of and attendance on the election court rks ... 266 
 
 100. Rules of procedure and jurisdiction... “4 Re oe 207 
 
 101. Expenses of election court ey ah rf -- 268 
 
 102. Acts done pending a petition not invalidate ae .-- 269 
 
 103. Provisions as to elections in the room of person unseated on 
 
 petition ... +f wae ee ee eed 
 
 104, Prohibition of disclosure af votes. ts in sas sapgel) 
 
 PART -V. 
 CoRPORATE PROPERTY AND LIABILITIES. 
 Misapplication of Corporate Property. 
 124. Prohibition of expenditure of corporate funds on parliamen- 
 tary elections... vr ay, me 3 3 sasdLO 
 PART XII. 
 LEGAL PROCEEDINGS. 
 
 219. Prosecution of offences and recovery of fines ... Be, ove DID 
 
 220. Exclusion of certioram ... Ae ... 272 
 
 221. Application of penalties in quarter sessions boroughs By . 273 
 
 222. Duties of clerk of peace as to fines and forfeitures! des ... 274 
 
 223. Service of summons or warrant . ri 100 214 
 
 224, Procedure in penal actions apatrce eorporate officers vue .. 274 
 
 225. Quo warranto and nonin an Pe Be fs 
 
 226. Provisions for protection of persons Seelie anday Act... pio 
 
 227. Power for borough constables to take bail ay Hy, aaah d, 
 
 PART XIII. 
 
 GENERAL. 
 
 Boundaries. 
 928. Boundaries of boroughs and transfer of parts to counties ... 278 
 229. Adjustment between boroughs and counties on change of . 
 
 boundaries Ay a og = ous” yeep} eae 
 Time. 
 
 230. 
 
 Computation of time  ... = ee i 2A .-. 280 
 
 Distance. 
 Measurement of distances ‘ os et ite 7.280 
 
_ Contents. XVii 
 
 SECTION Notices. PAGE 
 
 232, 
 
 233. 
 
 234, 
 
 30. 
 
 236. 
 
 237. 
 
 238 
 
 239. 
 240, 
 241. 
 
 242. 
 
 243, 
 
 244, 
 
 245, 
 
 246. 
 
 247, 
 
 Notices on town hall ee oa ye ee ae pe 
 
 Inspection and Copies. 
 Inspection of documents ... ay eh ar Gey ».. 281 
 
 Fees. 
 Tables of fees to be posted ss oe A “ts Primes) 
 
 Seals and Signatures. 
 Forgery... cee ae sti oo AE my pee toe 
 
 Applications to Treasury. 
 Notice of application to and correspondence with Treasury ... 283 
 
 Deputy. 
 
 Acts of deputy not to be invalidated by defect in aoinaent 283 
 Overseers. 
 
 Notices to and acting of overseers aie t ee si.) 2833 
 
 Declarations and Oaths. 
 
 Power to administer oaths, &c. ... re Ane Ue »-. 284 
 Forms. 
 
 Forms in Schedule vai ee a ae Hr ».. 284 
 
 Misnomer or Inaccurate Description. 
 Misnomer or inaccurate description not to hinder ,.. »». 284 
 Substitution wm former Acts. 
 Provision for references in unrepealed enactments to 5 & 6 
 
 Will. 4, c. 76, &c. a oF Se ba w+. 285 
 Short titles of Acts partly repealed die AN ae »-. 286 
 
 Returning Officers at Parliamentary Elections, 
 Mayor of certain boroughs to be returning officer in parlia- 
 mentary elections nay es ‘iy Bs is ... 286 
 
 Disfranchised Parliamentary Boroughs. 
 
 Electors in disfranchised boroughs as eee vas os« 286 
 LIncensing. 
 Explanation of terms “town orp erates &e., in Licensing 
 Act Fc eas " ig za Te yee a.) 287 
 Freedom of Trading. 
 Right of free trading in boroughs OPE Sea PTO WT Ae Lol 
 
 b 
 
XVili Contents. 
 
 Cinque Ports. 
 SECTION | PAGE 
 248, Special provisions as to certain of the Cinque Ports ... Roar 
 
 Cambridge. 
 249. Vice-Chancellor of Cambridge ... cy. ae was ree 21!) 
 Savings. 
 250, Saving for existing corporations ... wate a et ie 289 
 251. Saving for local Acts oe eee ae By sie sav BOO 
 952, Saving for Prison Acts... TY ove vat eee 290 
 253. Saving for military and naval officers, go. ive aS ... 290 
 
 254. Saving for dockyards, barracks, &c. ... ate ar +. 290 
 255. Saving as to Admiralty ... Hh aee cae my poe EOL 
 256. Saving for Lord Warden ... as a bee is font OU 
 
 257. Saving for universities... an hs w» 291 
 258. Saving for jurisdiction over cathedral precincts me Pte se 
 259. Saving for royal prerogative... Sie at as 0 mo 
 260. Saving as to repealed enactments + ee a .- 292 
 SCHEDULES. 
 THE SECOND SCHEDULE. 
 Meetings and Proceedings of Council ... oo ra bs ros 0200 
 
 THE THIRD SCHEDULE. 
 
 ELECTIONS. 
 Part II.—Rules as to nomination in elections of councillors ... 296 
 Part III.—Modifications of the Ballot Act in its application to 
 municipal elections iy a rie ia ost ... 300 
 
 THE EIGHTH SCHEDULE. 
 
 FORMS. 
 Part I.—Declarations on accepting office 46 Ay see ree 10) | 
 
 MUNICIPAL ELECTIONS (CORRUPT AND ILLEGAL 
 PRACTICES) ACT, 1884. 
 
 SECTION (47 & 48 VICT. Car. 70.) PAGE 
 1. Short title ... es ae Ae = ae was ou GOR 
 
 Corrupt Practices. 
 
 2. Definition and punishment of corrupt practice at municipal 
 election ... ee ois Ue 
 3. Incapacity of condifate reported guilty af corrupt practice ... 303 
 
Contents. 
 
 Illegal Practices. 
 
 RIX 
 
 SECTION PAGE 
 4, Certain expenditure to be illegal practice ye ore . 304 
 5. Expense in excess of maximum to be illegal practice .. 305 
 
 j=>) 
 
 * 
 
 Voting by prohibited persons and publishing of false statements 
 
 of withdrawal to be illegal ye . 306 
 7. Punishment on av ced of illegal practice .. 3807 
 8, Incapacity of candidate reported guilty of illegal practice . 307 
 Ilegul Payment, Employment, and Hiring. 
 
 9, Providing of money for illegal Bees or aa, to be illegal 
 payment . a ‘ .. 308 
 
 10. Employment of hackney Perriapect or of carriages and horses 
 kept for hire or ve) GUS 
 11. Corrupt withdrawal from a oantsl ek vag OUD 
 12. Certain expenditure to be illegal Peer w-. 309 
 13. Certain employment to be illegal se. 309 
 14, Name and address of ae on Eee: w»» 310 
 15. Saving for creditors .. en OLE 
 
 16. Use of certain premises for committee rooms or meetings to be 
 illegal hiring ee Sols 
 We Punishment of illegal reyiean er oment or Bicice ts OLD 
 18. Avoidance of election for extensive illegal practices, &e. “aale 
 
 Kacuse and Exception for Corrupt or Illegal Practice or Illegal Payment, 
 
 19. 
 
 20, 
 
 21. 
 
 22. 
 23. 
 24, 
 
 25. 
 26. 
 27. 
 28. 
 
 29. 
 
 Employment, or Hiring. 
 
 Report exonerating candidate in certain cases of corrupt and 
 illegal practice by agents ‘ . 312 
 Power of High Court AiG election court to excont innocent act 
 from being illegal practice, &c. 5 ole 
 Sending in ahaa and making payments for election Snes, . 314 
 Disqualification of Electors. 
 Prohibition of persons guilty of offence from voting taauale 
 Application of sections 37 and 38 of 46 & 47 Vict. ¢. 51 Ole 
 List in burgess roll of persons incapacitated for voting by cor- 
 rupt or illegal practices... old 
 Proceedings on Election Petitions. 
 Petition for illegal practice : cae 
 Time for presentation of petition Ailesing. itlepal practices Sep BY) 
 Withdrawal of election petition i? . 320 
 Continuation of trial of election petition..: : . 322 
 Attendance of Director of Public Prosecutions on trial ‘of ate. 
 tion petition, and prosecution by him of offenders wte Oe 
 Power to election court to order payment by borough or indi- 
 vidual of costs of election petition .., Ey a: wee 324 
 
 b 2 
 
a be Contents. 
 
 Miscellaneous. 
 SECTION PAGE 
 30. General provisions as to prosecution of offencesunderthisAct ... 326 
 31. Person Bees by conviction or report to vacate seat or 
 
 office ae aa a re aa sy | 
 32. Payment and eto rery of costs = aa ie poe Ree so | 
 33. Service of notices. ... Le ¥ a ae af etry 
 34. Definitions ... . 328 
 35. Application to city of London of Act and 6 Part IV. of 45 & 46 
 
 Vict. c. 50 a wi ot th om w» 328 
 
 Application of Act to other Elections. 
 36. Application of this Act and Part IV. of 45 & 46 Vict. c. 50, to 
 
 other elections ... — oe .. 330 
 
 37. Exemption from provisions 2 as tor maximum expenses a wes BOQ 
 Repeal. ‘ 
 
 38. Repeal of Acts so ves Mae a7 oe veh we BOD 
 
 39. Commencement of Act... “5 oP <a ve we BOOZ 
 
 Extent of Act. 
 
 40. Act not to extend to Scotland or Ireland “an ie i moak 
 41. Duration of Act. ... or se me! eS. cod aS 
 ScHEDULES ... Og es og ry é4, es “it - 9338 
 
 General rules for the effectual execution of Part IV. of the Municipal 
 Corporations Act, 1882... me et ie at vee B39 
 
 THE BALLOT ACT, 1872: 
 (35 & 86 VICT. Car. 88.) 
 
 An Act to amend the law relating to procedure at parliamentary 
 and municipal elections. 
 
 PART I: 
 
 PROCEDURE AT ELECTIONS. 
 
 2. Pollatelections ... ato 
 
 3. Offences in respect of nonsten| papers, ballot papers, and 
 ballot boxes os ne. ae ave eo ne . 352 
 
 4, Infringement of secrecy... ee a as ... 303 
 
 6. Use of school and public room for poll 3 a es r++ B04 
 
Contents. XXi 
 
 Duties of Returning and Election Officers. 
 
 SECTION PAGE 
 8. General powers and duties of returning officer ... ce 1.2 305 
 9. Keeping of order in station Me 1. BOD 
 
 10. Powers of presiding officer and pearieeratiott af one ‘&e, 1. 306 
 
 11. Liability of officers for misconduct me te ae ... 306 
 
 Miscellaneous. 
 
 12. Prohibition of disclosure of vote ... . 857 
 
 13. Non-compliance with rules 4 . 307 
 
 14. Use of municipal ballot boxes, &c., for parliamentary elections, 
 
 and vice versd 307 
 PART EL). 
 PERSONATION. 
 24, Definition and punishment of personation ae tiene wee 308 
 PART IV. 
 MISCELLANEOUS. 
 
 28. Effect of Schedules ... a ie #e we iss oa o6t 
 
 29. Definitions ... Me af ihe eb ae ... 361 
 
 30. Application of Act . ey he aes he: ~? ... 362 
 
 33. Short title ... ie we ts ne we ae ... 362 
 
 SCHEDULES. 
 FIRST SCHEDULE. 
 
 Part I.—Rules for parliamentary elections ... oe aide .. 362 
 Part II.—Rules for municipal elections be ite ts awe ole 
 SECOND SCHEDULE. 
 
 RN ee ge Siew) ace kes BTA 
 COUNTY ELECTORS ACT, 1888. 
 (51 VICT. Cap. 10.) 
 
 SECTION PAGE 
 
 1. Short title and construction ae ‘ms Preys 
 
 2. Extension of burgess franchise to county electors outside muni- 
 cipal boroughs... ran a A rf ve oe OV6 
 
XX11 Contents. 
 
 SECTION PAGE 
 3. Occupation of land of the value of 10/. to qualify re ew 
 4. Registration of county electors... Rae oe ee kil 
 5. Gene out of lists and registers in metropolis A 5a ehoe 
 6. Revision of electoral lists ... i oy ise vee eee ool 
 7. Roll of county electors... bes tee oe ae JA S382 
 8. Expenses... . 383 
 9. Remuneration of revising barristers and contribution by. county 
 
 authorities .. y . 384 
 
 10. Perpetuation of 49 & 50 Vict C. “42, Repeal ‘of 6 & 7 Vict. 
 
 Co Los. Od. ak oe. BOO 
 
 11. Application of provisions Ae ‘Act neereen ae uaa: fand ... 385 
 12. Separate list of persons residing within fifteen miles of county 386 
 13. Precepts by clerk of the peace... yy os Ae ... 386 
 
 14, Definitions ... : oor awe .-. 386 
 15. Transitory Provicionel as to the coat 1888 a: ae erood © 
 SCHEDULE. 
 
 Definition of ten pounds occupation qualification ... ... 388 
 
TABLE OF STATUTES. 
 
 22 Hen. 8, ¢. 5. 
 
 37 Hen. 8, c. 1. 
 
 43 Eliz. c. 2, s. 1. 
 1 Will. & M. ¢. 21. 
 
 1 Anne, st. 1, c. 18. 
 
 7 Anne, c. 20. 
 12 Geo. 2, c. 29. 
 
 13 Geo. 2, c. 18. 
 
 14 Geo. 2, c. 33. 
 25 Geo. 2, ¢. 4. 
 25 Geo. 2, c. 36. 
 
 6 Geo. 3. 
 7 & 8 Geo. 3, c. 53. 
 
 43 Geo. 
 
 48 Geo. : 
 52 Geo. 
 52 Geo. ¢ 
 52 Geo. 
 
 53 Geo. 
 54 Geo. 
 55 Geo. 
 
 55 Geo. 3, 
 57 Geo. 
 
 3, C 59. 
 
 mis 
 
 . 102. 
 . 110. 
 . 155. 
 
 . XCli. 
 . 90. 
 ool. 
 
 . 143. 
 5c 91. 
 
 3 Geo. 4, c. 46. 
 5 Geo. 4, c. 12. 
 6 Geo. 4, c. 50. 
 
 Bridges and pore Act, 1530 
 8. 3 
 
 Relief of the Poor Act, 1601 .. 
 s. 4 
 ss. 5, 6. 4 ee 
 Bridget in the Highw AYE iN ‘1701 ne 
 ecisheabn of Deeds Act, 1708 
 eva Rate Act, 1739 
 ss..6, 11 
 
 Highways Bridges Act, 1741 
 Registration of Deeds Act, 1708 
 Gaming Act, 1751. 
 
 S52) 8 ta0 
 Inclosure Act, 1766 x - es 
 Act to restore forfeitures, &c., 1766. 
 
 s. 99. 5 : 
 aichway Prilies Act, "1803 
 
 ieee ee mee 
 Act relating to router Me 1808... 
 Charitable Purposes Act, 1812 
 Highways, &c., Act, 1812 
 Act relating es Public Worship, 1812. 
 
 Boils cass “ce 
 Isle of Wight Henna Act, 1813 ty 
 Highways Bridges, &c., Act, 18l4~ 
 County Rate, &c., Act, ‘1815. 
 
 a FF Se le 
 Hotere edges &e., nd Ns 1815 
 Sessions of Peace Act, 1817 . 
 Fines, Penalties, &c., Act, 1822 
 Prisons Act, 1824 ae 
 County Juries Act, 1825 
 
 8:07) a oF “ws 
 
 Bolded 
 
 & 13 ... 
 
XXIV 
 
 7 Geo. 4, c. 18. 
 7 Geo. 4, c. 63. 
 
 7 Geo. 4, c. 64. 
 
 7 & 8 Geo. 4, c. 31. 
 7 & 8 Geo. 4, c. 53. 
 
 9 Geo. 4, c. 61. 
 10 Geo. 4, c. 44. 
 
 2 Will. 4, c. 26. 
 2 Will. 4, c. 45. 
 
 2&3 Will. 4, c. 72. 
 3 & 4 Will. 4, ¢. 90. 
 3 & 4 Will. 4, c. 99. 
 4&5 Will. 4, c. 36. 
 4&5 Will. 4, c. 76. 
 
 5 & 6 Will. 4, c. 50. 
 
 5 & 6 Will. 4, c. 62. 
 5 & 6 Will. 4, c. 76. 
 
 6 Will. 4, c. 76. 
 
 6 & 7 Will. 4, c. 86. 
 7 Will. 4&1 Viet. c. 22. 
 7 Will.4 &1 Vict. e. 24. 
 
 7 Will.4.&1 Vict. c. 30. 
 
 Table of Statutes. 
 PAGE 
 7 
 Act for Building. &e., ie Halls, es 1826 
 6, 53, 116 
 Bos 4 mes soe ie se 
 Act for iA doini ten inf Ghia Justice, 
 1826. 
 R60 22529 2 ae ip ve 67, 113 
 ss. 24,25  ... : f me i 
 Readies against the enter ‘Ack 1827 . 6 
 
 Collection and Management of Rene Ras 
 venue Act, 1827. 
 
 Fi Bi Ea Pose ae sas eid e's}! 
 Licensing Act, 1828 ... aa he pee 
 Metropolitan Police Act, 1829 _—.... 41, 46 
 
 cee EVE oon’ | Cette inaNeeiae 
 
 Poor Relief Acts 1832... 
 Reform Act, 1832. 
 
 ote rea oi BELO 
 
 8.33 . rte re i om eue 
 8.36 . cae ay . 210 
 Rania against the tramdred Act, 1832 . 6 
 Act relating to Public Health, 1833.. 26, 47 
 Sheriffs At T8asreees sy See Ae el ie 
 Criminal Law Act, 1834 SF a ... 156 
 Poor Law Act, 1834 ... ee ae One 
 Srl wee ee safe és ae Pree is 
 g. 32. oa ae ree sat ... LOO 
 BDO i Ase ae (x --- 209 
 Highway ‘Act, 1835. 
 SRLS ze ae +f: ae nae Sssga0 tO 
 S. 113. S tas Beth 3, 
 
 Statutory Declaration Act, 1835 x ... 190 
 Municipal Corporations Act, 1835 ... 47, 206, 
 216, 278, 279, 286 
 
 Oe Bales 2 ae a cone | DUT ie 
 s. 117 +0 ae re me joe 44 
 BL ae ... 284 
 
 Act for the Prevention and Suppression of 
 certain Nuisances, 1836. 
 
 s. 90 . se wee vas uw. 82 
 Resiateation Act, 1837. ne yaar 
 s. 29. : 43 
 Registration of Births and Deaths Act, 1837 43 
 BLO ee -- 159, 231 
 Act relating to the Butdings &e., of Shira 
 Halls, &c., 1837 . : a 6, 53 
 Registration of Deeds Act, 1837. 
 Tbr patie. ¢ bs 1 sh 73 «- 160 
 
 a 
 
1 Vict. c. 4. 
 
 2&3 Vict. c. 47. 
 
 2&3 Vict. 
 2&3 Vict. 
 
 2&3 Vict. 
 
 C 
 
 C. 
 
 C. 
 
 69. 
 (ar 
 
 93. 
 
 Table of Statutes. XXV 
 PAGE 
 
 7 Will. 4 &1 Vict, c. 33. Management of the Post Office Act, 1837. 
 as bi ene .. 2ol 
 7Will. 4&1 Vict. c. 83. Act Pelatite to Clerks of Paces &e., 1837 . ae y, 
 Juries Act, 1837 oe oe seu 
 Metropolitan Police Act, 1839 41, 46 
 Sole ors 45 . 158 
 Judges’ Toanne Nas 1839 6, 53 
 
 Metropolitan Polit Coca. Act, 1839. 
 
 ss. 1, 3.. or ap ba) 
 Goniity and District Coxistables Act, ‘1839 cee 
 8. 27. 91 
 
 3 & 4 Vict. 
 3 & 4 Vict. 
 
 3 & 4 Vict. 
 3 & 4 Vict. 
 
 4 & 5 Vict. 
 5 & 6 Vict. 
 
 5 & 6 Vict. 
 5 & 6 Vict. 
 5 & 6 Vict. 
 
 5 & 6 Vict. 
 
 6 & 7 Vict. 
 
 6 & 7 Vict. 
 6 & 7 Vict. 
 7&8 Vict. 
 7 & 8 Vict. 
 
 7&8 Vict. 
 7&8 Vict. 
 7& 8 Vict. 
 
 . 84. 
 Cc. 
 
 88. 
 
 ao 7: 
 pr10. 
 
 . 49. 
 
 c. 50. 
 
 57. 
 
 c. 98. 
 
 geese 
 
 . 108. 
 
 . 109. 
 
 m1, 
 
 36, 
 68. 
 61. 
 ae 
 
 91. 
 92. 
 
 Metropolitan Police Magne te Adt, 1840 41, 44 
 
 County and District Constables Act, 1840 7,16 
 
 aegis nn Aa 5, 91 
 
 s. 12 pabie 
 
 s. 14 59 
 
 s. 19 48 
 
 k's Te aa 47 
 Regulation of Favipays ‘Act, 1840 . 273 
 Teen Societies Act, 1840. 
 
 eae: ae A abe ty 
 County Bridges kc 1841 : 8, 116 
 Act relating to Public Streets, &c., 1842, 
 
 s. 91 ey A 24 
 Poor Law Tench et 1842 331 
 Prison Act, 1842 a: 29 
 Registration of Deeds Act, 1842. 
 
 Mis Ee 159 
 Parish Constables: Act, 1842, 
 
 eM ne Eo aaa ae ee ae ha. Neetin 43, 
 
 Fb yaar hs sp bee ay, 
 Registration of Voters Act, 1843 . 136 
 
 ss. 54, 55,57. nee gL: 
 
 ss. 62, 63 138, 381 
 
 g. 85 . 255, 359 
 
 ss. 86—89 255, 359, 360 
 
 Scientific and Literary Sucieties Act, 1843 11, 12 
 
 License for Theatres, &c., Act, 1843 . 15 
 County Rates, &c., Act, 1844, a 16, 119 
 County Police Act. 
 ed A ae aa 
 Middlesex Seatcus kee 1844 | ai el 
 South Wales Turnpike Trusts Act, 1844 28, 29 
 County Coroners Act, 1844 14 
 s. 5 Res a er el AY 
 s. 19 aye 
 
XXVi 
 
 2&8 Vict oo 10L 
 
 8 Vict. c. 18. 
 
 8 Vict. c. 20. 
 
 8 & 9 Vict. c. 
 
 8 & 9 Vict. ¢. 
 
 8 & 9 Vict. ¢. 
 
 10: Vict: c. 17. 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 10 & 11 Vict. 
 
 11 & 12 Vict. 
 
 11 & 12 Vict. 
 11 & 12 Vict. 
 11 & 12 Vict. 
 
 11 & 12 Vict. 
 
 12 & 13 Vict. 
 
 12 & 18 Vict. 
 12 & 13 Vict. 
 
 18. 
 
 o2. 
 100. 
 
 Cc. 
 
 Ce 
 
 C. 
 
 14. 
 
 15. 
 
 16. 
 
 27. 
 
 Stok 
 . d4. 
 
 . 38. 
 
 c. 65. 
 
 C. 
 
 109. 
 
 . 43. 
 
 63. 
 82. 
 
 et ip 
 
 Ole 
 
 18. 
 
 c. 82. 
 
 . 103. 
 
 Table of Statutes. 
 
 Poor Law Amendment Act, 1844 
 
 ss. 32—36 
 s. 66 
 
 Lands Clauses Act, 1845. 
 
 ss. 151, 152 
 
 Railway Cinunes Act, 1845. 
 ss. 8—10, 59, 130 
 
 ss. 46—51 
 
 Lands Clauses Consolidate Act, 1845 
 ss. 23, 25—37. 
 
 S. 177 .. 
 
 County uke Act, 1845 
 Lunatic Act, 1845 
 Waterworks Clauses Act, 1847. 
 
 ss. 28—34 
 
 Markets and Fairs Clans ARE 1847, 
 
 ss. 58, 59 
 
 Caewanie Clauses Act, 1847. 
 
 ss. 6—12 
 ss. 45, 46 
 
 Goin Clauses Act, 1847. 
 ss. LJOO—111 . 
 Harbours, &c., Ciena Act, 1847. 
 
 ss. 97, 98. 
 
 County Buildings Act, 1847 
 Towns Tre neoremen Clauses Act, 1847. 
 
 ss. 47—51 
 
 Lands Improvement Act, 1847 
 Cemeteries Clauses Act, 1847. 
 
 s. 60 
 
 Poor Law Board Act, 1847. 
 
 ss. 20, 21 
 
 Suan Convictions Lene 1848, 
 
 ea 
 s. 30 
 s. 31 
 
 Poor Law Amendment Act, 1848 
 Poor Law Audit Act, 1848. 
 
 ss. 4—9 
 
 Lock-up Houses Act, 1848 
 Borough Petty Saee Act, 1849 
 
 ss. 2, 3 
 
 Municipal Corporations ‘Act, 1849 
 Poor Law Amendment Act, 1849. 
 
 ss. 9, 11 
 
 147, 264 
 
13 & 14 Vict. 
 
 13 & 14 Vict. c. 
 13 & 14 Vict. c. 
 
 13 & 14 Vict. ec. 
 13 & 14 Vict. 
 14 & 15 Vict. 
 
 14 & 15 Vict. 
 14 & 15 Vict. 
 
 _ 14815 Vict. c. 
 
 14 & 15 Vict. 
 
 15 & 16 Vict. 
 
 16 & 17 Vict. 
 
 16 & 17 Vict. 
 
 17 & 18 Vict. ¢. 
 . 26. 
 
 18 & 19 Vict. 
 
 18 & 19 Vict. 
 
 18 & 19 Vict. c. 
 
 18 & 19 Vict. 
 
 Cc. 
 
 C. 
 
 ¢ 
 
 C. 
 
 C. 
 
 . 105. 
 
 105. 
 
 81. 
 
 . 59. 
 
 aire 
 
 105. 
 
 Table of Statutes. XxVil 
 
 Act relating to Parish Constables, &c., 1850. PAGE 
 
 Scie ters obe ose Po wk, 
 Lord Brougham’s Act, 1850 ete eae .- 248 
 County Buildings Act, 1850. 
 
 8.24 ... see 53 
 Municipal Compérations (J instices) Act, 1850. 290 
 Union of Liberties with Counties Act, 1850... 89 
 Act relating to Clerks of J ue 1851. 
 
 ss. 9—12 rey odlas 
 South Wales Road Ace 1851 . 29 
 Criminal Law arabes Act, 1851. 
 
 Sal Aer Pee Ps) 
 Prosecutions, &c., Biepenses Ack 1851 45, 282 
 
 8. 2 67, 113 
 
 Beco st oe bis 
 
 ss. 9—12 na 146, 149 
 Poor Law Amendment Eko 1851. 
 
 eS tae, . dal 
 County Rates Act, 1852, 
 
 8. 2 Pe “ee 5, 60 
 
 8.50 . 6 
 
 Stamp Dates Act, 1853. 
 
 ay ap re. eee 
 Lunacy Act, 1853 57, 151, 1%7 
 rey eee Se wale: 
 ss. 9, 10 Loe 
 s. 21 porch WE 
 s. 22 (eaky: 
 ss. 23—27 7, 152 
 ss. 28, 44 Fred 
 ss. 47—52 ule 
 ss. 95—97 7 43 
 98 ... 43, 57 
 ss. 99—101 44 
 Br O42 oe 43 
 ac130'; 7 
 Ss. 1Sl 5 es Jone 
 Militia Sioretionses a 1854. Lt6 
 
 Act relating to haven of Guauter Sessions, 
 
 1855. 
 s. 18 
 
 Registration of Places of Religions Worship 
 Act, 1855 . eee 
 . Lunatic eter Act rine Nee 1855 57 
 
 Savors 
 
 » Metropolis Manapenerty Act, 1855 
 
 At 
 
 12 
 
 7 
 
 1. TT, 81, 155, 
 
 193, 381 
 
XXV1 
 
 18 & 19 Vict. c. 97—continued. 
 
 19 & 20 Vict. c. 2. 
 
 19 & 20 Vict. c. 69. 
 
 19 & 20 Vict. c. 87. 
 
 20 Vict. ¢. 2. 
 20 & 21 Vict. c. 64. 
 20 & 21 Vict. ec. 98. 
 
 21 & 22 Vict. c. 68. 
 21 & 22 Vict. c. 73. 
 
 21 & 22 Vict. c. 90. 
 
 21 & 22 Vict. c. xxiv. 
 
 22 & 23 Vict. c. 4. 
 
 22 & 23 Vict. c. 21. 
 92 & 23 Vict. c: 35. 
 
 22 & 23 Vict. c. 32. 
 
 22 & 23 Vict. c. 59. 
 22 & 23 Vict. c. 66. 
 
 22 & 23 Vict. c. 68. 
 
 Table of Statutes. 
 
 PAGE 
 
 Oh ee wes ay ior eee 25 
 
 hgh 6): tek * vet ee 
 
 Scheds. A. and B. 78, 161, 193 
 
 Sched. C. 74 61 
 
 18 & 19 Vict. c. 126. Act for Administration of Criminal rhaiee 
 1855. 
 
 LO ore . 147 
 Metropolitan Police Act, 1856... . 46 
 
 Tile ya . 159 
 County and Borsngh Police Act, 1856 16, 45, 
 
 49, 165 
 
 BD eine 5 = tad oan 59 
 
 Bae aes ee a a ye Bar ah bi 
 
 s. 9 210 
 
 ss. 15, 16 48 
 
 s. 18 AT 
 
 s. 20 2 oa nes ses 59 
 
 gs. 24... aye ag ny ty ay ct’ 
 
 s. 39 A4 
 Lunatic Asylums Axhatiinent tine 1856 Ral od 
 
 We aS oe oak 151 
 Chief Constiilar Act, 1857 : 16 
 Metropolitan Police Stations Act, 1857 46 
 Local Government Act, 1858 ... 20 
 
 s. 13 252 
 
 8. an ae 20 
 Detached Parts af Gonnties Ace 1858 5, 16 
 
 8.2 )one os te 91 
 Justices of Peace Act, 1858. 
 
 BD Mesivee 146 
 Medical Prattiionare Act, 1858. 
 
 s. 35 pee 231 
 Manchester Assize Comme Act, 1858 . a poe 
 Sessions of the Peace (Middlesex) Act, 1859 81 
 
 8. 3 : ... 184 
 Queen’s Ramenicar ee ees Act, 1859 159 
 Municipal Elections Act, 1859. 
 
 oe ec wo. 836 
 Counties and Borouehe slings ane 1859 16 
 
 s. 17 Ed is. . 6 
 Railway Compania Aubitratian Act, "1859 vs Le 
 Measures used in Sales of Gas Act, 1859 ... 11 
 
 AsO Gee bs 7 ve Pr a 5: 
 Highway Act, 1859. . 
 
 ss. 2, 3 30 
 
23 & 24 Vict. c. 
 
 93 &.24 Vict. c. 
 
 94 & 25 Vict. c. 
 
 24 & 25 Vict. c. 
 
 24 & 25 Vict. ec. 
 94 & 25 Vict. c. 
 24 & 25 Vict. ec. 
 
 24 & 25 Vict. c. 
 
 24 & 25 Vict. c. 
 
 24 & 25 Vict. 
 25 & 26 Vict. 
 
 25 & 26 Vict. c. 
 
 25 & 26 Vict. c. 
 
 25 & 26 Vict. c. 
 25 & 26 Vict. c. 
 25 & 26 Vict. ec. 
 
 26 & 27 Vict. c. 
 27 & 28 Vict. c. 
 
 27 & 28 Vict. 
 
 28 Vict. c. 35. 
 
 28 & 29 Vict. c. 
 
 28 & 29 Vict. c. 
 28 & 29 Vict. c. 
 28 & 29 Vict. ec. 
 
 28 & 29 Vict. c. 
 
 29 & 30 Vict, c. 
 
 116. 
 
 146. 
 68. 
 96. 
 
 97. 
 
 98. 
 
 99. 
 
 100. 
 
 109. 
 
 G. 124. 
 ¢. 53. 
 
 61. 
 
 89. 
 102. 1 
 
 107. 
 
 111. 
 
 110. 
 
 65. 
 
 ce. 101. 
 
 36. 
 
 37. 
 80. 
 
 121. 
 
 126. 
 
 52. 
 
 Table of Statutes. XXxix 
 
 County Coroners Act, 1860. PAGE 
 
 Bo4 AL. ere Fox ae eee 
 Trustee Act, 1860 des 7 hae kd 
 South Wales Turnpike Trusts hes 1861 eaaieel 
 
 Criminal Law Act, 1861. 
 
 ed 04 Mai ah “ _ Seep cea eas 
 Criminal Law Act, 1861. 
 
 BR ited. + a5 =~ phil 
 Criminal Law Act 1861. 
 
 8.54 ... one F bee ace Peete 
 Criminal Law Act, 1861. 
 
 s. 42 .., fe ? se et wld 
 Criminal Law Act, 1861. 
 
 88s FETT hid 9 oF site 0 LAS 
 Salmon Fishery Act, 1861. 
 
 Feo Lea i aa eed Dee 
 Metropolitan Polina Act, 1861 et w. 46 
 Registration of Title Act (Lord Westbury’s 
 
 Act), 1862. 
 
 s. 104... ak ite =f ms 2 <5 L5G 
 Highway Act, 1862. 28, 29 
 
 Ae ese ve re a Thess, 
 Companies Act, 1862 i Std ey arf ated Ss: 
 Metropolis Management Amendment Act, 1862. 
 
 io Ge are 84, 85 
 Juries Act, 1862 ge ats ee ... 54 
 
 Oe or ee ae or a. Lad 
 Lunatics, &c., Kee 1862. 
 
 Se fy ae Se ae . 44 
 Pauper Lunatic Asyfams jes 1863 . me Uys 
 The Clerks of the Peace Removal fen 1864... 146 
 Highway Act, 1864... +e eee 28, 29 
 
 ss. 47, 48 re ; rae ma 
 Police Superannuation Act, 1865 ae Ree ats 
 County Voters Registration Act, 1865. 
 
 Ga lLOn se ea ey ae ero) | 
 
 County of Sussex Act, 1865 er ss aOU 
 The Lunacy Act Amendment Act, 1865 ... 57 
 The Salmon Fishery Act, 1865. 
 
 ss. 4—19 ane vs 4: ae Ae 
 Prison Act, 1865 255 id Ay. ... 290 
 ss. 5, 6 ie x ay <Soe rageee OO 
 s. 71 oe at : eR 
 Expenses of Prosecutions Act, 1866.. bay. (OE 
 
 BPW ac Ses re aes A neaty Lbeo 
 
XXX 
 
 29 & 30 Vict. 
 
 29 & 30 Vict. 
 29 & 30 Vict. 
 
 30 Vict. c. 1. 
 
 30 Vict. c. 6. 
 30 & 31 Vict. 
 30 & 31 Vict. 
 30 & 31 Vict. 
 
 30 & 31 Vict. 
 
 30 & 31 Vict. 
 
 30 & 31 Vict. 
 30 & 31 Vict. 
 31 & 32 Vict. 
 
 31 & 32 Vict. 
 
 31 & 32 Vict. 
 31 & 32 Vict. 
 31 & 32 Vict. 
 
 31 & 32 Vict. c. 
 
 32 & 33 Vict. 
 
 32 & 33 Vict. 
 
 32 & 33 Vict. 
 
 32° & 33 Vict. 
 
 C. 
 
 113. 
 
 ahh és 
 ei Ghee 
 
 23. 
 
 G. ob. 
 
 Ge 
 
 C. 
 
 C. 
 
 C. 
 
 C. 
 
 Cc. 
 
 67. 
 
 84. 
 
 . 102. 
 
 106. 
 
 125. 
 
 22. 
 
 58. 
 
 . 67. 
 . 72. 
 . 119. 
 
 122. 
 
 18. 
 
 . 41. 
 
 . 49, 
 . 53. 
 
 Table of Statutes. 
 
 PAGE 
 
 Poor Law Amendment Act, 1866 se o 50 
 Be Rae re. oh mA ui! hee 
 ss. 5, 6, 7 nae von ol 2S 
 The Ratornoey Schools Ack, 1866 . back th 
 
 The Industrial Schools Act, 1866... foes 
 City of London Municipal Elections Amend- 
 
 ment Act, 1867 sts . 329 
 Metropolitan Poor Act, 1867 ... aa ws 1158 
 Act relating to Lunatic Asylums, 1867 . 152 
 Criminal Law Amendment Act, 1867 67, 113 
 Act relating to Monee ane Police, 1867. 
 
 ee ae ; a me /! Se uy: 
 Vaccination Ace 1867. 
 
 B08 Seis 42 
 Representation of ‘People Act, 1867 . 286 
 
 cept Bt esa oe «re ae sasha 
 
 BBE alice oa bes Bs ) 10, 64 
 
 s. 49 Se 44 335 
 
 8, DO es: re 356 
 Poor Law Amendment ‘Act, 1867 50 
 
 s. 3 100 
 
 s 42 ... 266 
 Lock-up Hones Act, 1868. 7, 53 
 
 BLD eres ae uty ie 
 Parliamentary Elections ‘Act, 1868. 
 
 s. 18 APE van sae 10, 64 
 
 ss. 23, 31, 32. ae 10 
 Motropalitan Police Rate Act, "1868. 
 
 eae fe + ae 45, 158 
 Promissory Oaths Act, 1868 181, 232, 284 
 
 40% ~3*: i. ae 
 The Regulation of Rate Ace 1868. 
 
 ss. 30, 31, 32. ove ee mt CCF 5 
 Poor Law a fien alte Act, 1868 36% one 108 
 
 abe ede, ae nos wen An wee «. 100 
 
 BTL Be. re see ove ods ee hy 
 
 B26 air, o» AS 
 The Lands Giece Gonsolidanien Act, "1869... . 106, 
 
 110 
 
 Poor Rate Assessment and Collection Act, 1869. 
 
 Slr . 208 
 
 2710 oe 208, 229 
 Local Stamp fet 1869 11, 53, 54, 149 
 
 Cinque Ports Act, 1869 ae ae es, 
 
32 & 33 Vict. 
 
 32 & 33 Vict. 
 32 & 33 Vict. c. 
 
 32 & 33 Vict. 
 32 & 33 Vict, c. 
 
 32 & 33 Vict. 
 33 & 34 Vict. c. 
 33 & 34 Vict. c. 
 33 & 34 Vict. c. 
 33 & 34 Vict. 
 33 & 34 Vict. 
 33 & 34 Vict. c. 
 
 33 & 34 Vict. 
 33 & 34 Vict. c. 
 
 34 & 35 Vict. 
 34 & 35 Vict. 
 
 34 & 35 Vict. 
 34 & 35 Vict. 
 35 & 36 Vict. 
 35 & 36 Vict. 
 
 35 & 36 Vict. 
 
 35 & 36 Vict. 
 
 35 & 36 Vict. 
 
 35 & 36 Vict. 
 
 36 & 37 Vict. 
 
 Cc. 
 
 C. 
 
 C. 
 
 C. 
 
 C. 
 
 Cc. 
 
 Cc. 
 
 102. 
 
 21. 
 
 30. 
 
 60. 
 
 mrt, 
 
 . 92. 
 
 OL 
 
 Table of Statutes. XXX 
 
 Arrest for Debt, &c., Act, 1869. PAGE 
 LAE: . 113 
 Metropolitan Poor Amendment ‘Act, 1869 . 158 
 The Valuation (Metropolis) Act, 1869 81, 84 
 ss. 14, 16, 17, 42, sub-sect. (8) .. 84 
 Bankruptcy Act, 1869 . . . 232 
 Clerks of Assize, &c., Set. 1869. 
 bet Lee ie . 147 
 The Metropolitan Board of Werks! iclioars) 
 Act, 1869 ... or 76, 118 
 ‘The County Court (Buildings) Kee 1870 . 158 
 The Metropolitan Poor Aviendment Act, 1870 158 
 Felony Act, 1870 sd rt . 210 
 Bush © ec Sac 210, 213 
 Metropolitan Board of ‘Works (Loans) Act, 
 1870 . ee core gir Ge 
 Annual Turnpike Acts Gor eiutiice Act, 1870. 
 Bole Fe re oad By wits 
 Elementary Education ‘Act, 1870 303 
 Saupe e gs ry: F ee 333 
 Aliens Act, 1870. 54 
 Tramways Act, 1870. 
 ss. 26, 33 27 
 ae PE aed Aer oe 159 
 Metropolitan Board of Works (Loans) Act, 
 1871 ara ane 76, 119 
 Promissory Oaths Act, 1871 : 4, 181 
 Local Government Board Act, 1871 ... sce LOO 
 Act for Building, &c., Shire Halls, &c. ; 
 1872 53, 116 
 
 The Reformatory & mbes Schools ee 
 Amendment Act, 1872 ... ae Ped is 
 
 Ballot Act, 1872 244, 245, 253, 271, 300 
 SO ie, ee eae vee vse oe 10 
 Shon cer oy aed a «-» 130, 300 
 Balog =e cee one eee ee 284 
 8 eer 357 
 8.24 ... 255 
 8s. 72 . 299 
 
 Corrupt Breatipes (Municipal Heston) Act, 
 
 1872 ice . 337 
 
 Municipal Corporations (Borough Fund) Act, 
 
 1872 ee nd ene) SOL 
 Beau awe eee «Ol 
 
 Parish Constables Act, 1872, 
 
 s. 11 : ooo =D 
 
 Salmon Fishery Act, 1873. 
 ss. 9,10, 26—-33 vee see coe 11 
 
XXXli 
 
 37 & 38 Vict. c. 7. 
 
 37 & 38 Vict. 
 37 & 38 Vict. 
 
 37 & 38 Vict. 
 
 37 & 38 Vict. 
 
 38 Vict. c. 17. 
 
 38 & 39 Vict. 
 
 38 & 39 Vict. 
 38 & 39 Vict. 
 38 & 39 Vict. 
 
 38 & 39 Vict. 
 
 C. 
 
 C. 
 
 Cc. 
 
 C. 
 
 C. 
 
 C. 
 
 Cc. 
 
 C. 
 
 C. 
 
 47. 
 67. 
 
 Table of Statutes. 
 
 PAGE 
 Act relating to Assistant and Deputy Assistant 
 Judges in Middlesex, 1874 oh iin ROE 
 88. 2, 3, 4 end sue ... 184 
 The Prenns Authorities ‘Act, 1874 os tO 
 The Slaughter Houses, &c. (Metropolis) Act, 
 
 1874. 
 
 S210. Gs. seo ae w. 84 
 Vendor and Purchaser Act, 1874, 
 
 oO Ae sc eee sn aLDe 
 Poor Law Amendivere Act, 1875, oy . 43 
 Explosives Act, 1875. 
 
 8.68 l. ee 70, 73 
 
 HO ae Ai eaitl, 
 Act relating to Public Analysts, &e., 1875 peat ns 
 
 15, 16, 51 
 The Artizans and Labourers mie Act, 
 1875 oy eo 119 
 Municipal Elections Act, 1875. 
 
 Ue pee aes d aS wo. 224 
 Police Expenses Act, 1875. 
 
 62, 46, 48 
 The Public Health Act 1875 .. 42, 90, 
 
 162, 302, 331 
 
 8. 6 94, 163 
 
 Sa aac . 163 
 
 ss. 16, 54 na i 
 
 s. 149 ... 23, 24 
 
 Ss 16Le Ad ss eo 
 
 ss. 176—178 ... 110, 111 
 
 ss. 182—186 ... 32, 33 
 
 8. 186 ... . 223 
 
 gs. 187 ... 32, 223 
 
 BhSD a 33, 43, 46 
 
 s. 190... Fae ots 33, 43 
 
 LS) Las . 34, 43, 46, 155, 156, 189 
 
 ss. 209 ect! 
 
 8. 210... me he) 
 
 ss. 229, 230 eal 
 
 88. 236, 237 . 118 
 
 8. 246... . 224 
 
 ss. 247, 250 ... 120, 121 
 
 ss. 293—296 ... ov, LOS 
 
 B.. 2OG gi. Bree hi | 
 
 ss. 297, 298 153, 154 
 
 8. 299 ... 35 
 
 8. 342 .. 94 
 
38 & 39 Vict. 
 
 38 & 39 Vict. 
 38 & 39 Vict. 
 
 38 & 39 Vict. 
 
 38 & 39 Vict. 
 38 & 39 Vict. 
 39 & 40 Vict. 
 
 39 & 40 Vict. 
 
 39 & 40 Vict. 
 39 & 40 Vict. 
 
 40 & 41 Vict. 
 
 40 & 41 Vict. 
 
 40 & 41 Vict. 
 
 c. 63. 
 
 Cc. 
 
 Cc, 
 
 C. 
 
 Cc. 
 
 C. 
 
 Cc. 
 
 Cc. 
 
 C. 
 
 C. 
 
 65. 
 83. 
 
 84, 
 
 87. 
 
 89. 
 
 36. 
 
 61. 
 
 . 75. 
 . 79. 
 
 21. 
 
 43. 
 
 52. 
 
 40 & 41 Vict. c. 68. 
 
 40 & 41 Vict. c. xcix, 
 
 Table of Statutes, XXXili 
 
 Sale of Food and Drugs Act, 1875 PAGE 
 BLOT i. ate aif a. een Ra ay i: 
 Brie rate a eeu oe 
 
 Metropolitan Board of Works ‘Act, 1875 76, 119 
 
 Local Loans Act, 1875... sc 119 
 Ae Gane ou ae 
 ss. 13-—16 : elle 
 
 Parliamentary Elections (Returning Officers) 
 
 Act, 1875 .. of . 130 
 8. 4 132, 133 
 s. 5 . 133 
 a) Oem i he 133, 168, 357 
 Chay on ony esi ae rs ee 133 
 
 Land Transfer Act, 1875. 
 ss. 127,128... . 159 
 
 Public Works Loans Mot 1875. 
 
 8.40 re FG 
 
 Customs Law Conee tiation iA 1876. 
 
 s. 9 av nee RW 
 Divided Parishes and Bare ie each ty: 
 
 41 & 42 Vict. c. 33. Dentists Act, 1878. 
 
 Act; 1876 *..: . 158 
 
 ss. 1—9, 11 . 100 
 
 8. 26 . 152 
 
 Rivers Pollution Beerention Act, 1876 30 
 Elementary Education Act, 1876. 
 
 B. 10M Sa av oe . 230 
 
 Prisons Act, 1877 . 290 
 
 8. 13 af ees sas ... 184 
 
 8. 49 ~... te Ht as 
 
 The Justices Chases Ne ‘1877 149, 282 
 
 fe, Onis ee . 149 
 
 Metropolitan Board of Works Act, 1877 76 
 
 Destructive Insects Act, 1877... 11,-73 
 
 Metropolis Toll Bridges Act, 1877 . 157 
 41 & 42 Vict. c. 16. Factory and Workshops Act, 1878. 
 
 s. 67 ots . 231 
 
 41 & 49 Viet. c. 26. Parliamentary & Municipal Resietrstion Act, 
 
 1878 : 226, 378, 380 
 
 8. 21 136, 238, 239 
 
 8. 24 . ddl 
 
 s. 30 10, 239 
 
 8. 31 . 238 
 
 8. 35 . 239 
 
 8. 41 . 274 
 
 8. 30° arta k 
 
XXX1V 
 
 41 & 42 Vict. 
 
 c. 39. 
 
 41 & 42 Vict. c. 49. 
 
 41 & 42 Vict. c. 74. 
 
 41 & 42 Vict. c. 77. 
 
 42 & 43 Vict. c. 6. 
 
 Table of Statutes. 
 
 Freshwater Fisheries Act, 1878. PAGE 
 BO. Ses 11 
 Weights and Mecca ie 1878. 
 AID ae Sige “ee i : po ALS 
 8, AD ae. ie yh ote rey b> ea 
 ey Aa ae ae ua i ee 
 DO Ae ae a con ee zoe 73 
 Biron ath sgt Wel 
 Contagious Diseases (Animal Act, 1878. 10,52, 
 72 
 s. 34 i a be 
 
 Highways and Lacon taee (Amananeens Act, 
 
 1878 .. 8, 22, 28, 65, 66, 70, 77, 78, 163 
 a2 re 28, 29 
 s. 3 ose na 
 s. 4 ies Sie A : Ne Loe 
 ss. 5, ", 10 +: ss ava sas a ere «. 
 Ske in os see ah ma 19 
 al Be see are ase one pe 8, 
 Sel Sy erates sed) (By ae 
 ss. 16, 18, 24, 26, 28, ‘31, 39... sae tev ye 
 s. 20 6, 8, 27 
 s, 21 8, 15 
 8. 22 < Oyo 
 s. 26 Bae 
 s. 26, nae (5) . 150 
 Oe Pay! 28 
 
 District Auditors Act, 1879 120, 122 
 
 oe . 199 
 
 42 & 43 Vict. c. 18. Racecourses Licenaes Ace 1879 ane ee f 
 42 & 43 Vict. c. 49. Summary Jurisdiction Act, 1879. 
 
 42 & 43 Vict. 
 43 & 44 Vict. 
 43 & 44 Vict. 
 43 & 44 Vict. 
 43 & 44 Vict. 
 
 c. 54. 
 
 c. 5. 
 c. 9. 
 
 c. 20. 
 c. 3D. 
 
 s. 9 ot Ady ie Geet d 
 &, 20°. fae a ee 53, 82, 231 
 B23) As eal nes oes wee sop) 
 4.20) Weis ee Pee joa Oo 
 Av odteees a ney aon ves eke aie 
 Hs aaa me ee a: a so 278 
 s. 51 ae nae aoe ove 212 
 Baas mubeaect (3) a oa fas . 219 
 
 Poor Law Act, 1879 50, 100, 158 
 County Bridges Loans Extension Act, 1880. 8, 116 
 Statutes (Definition of Time) Act, 1880 244, 294 
 
 Inland Revenue Act, 1880 119 
 Wild Birds Protection Act, 1880. 
 Siieiralerne ne 8 a eed 11 
 
44 & 45 Vict. 
 
 44 & 45 Vict. 
 44 & 45 Vict. 
 
 44 & 45 Vict. 
 
 44 & 45 Vict. 
 44 & 45 Vict. 
 
 44 & 45 Viet. 
 44 & 45 Vict. 
 45 & 46 Vict. 
 45 & 46 Vict. 
 45 & 46 Vict. 
 
 45 & 46 Vict. 
 
 C. 
 
 Cc. 
 
 Cc, 
 
 Cc, 
 
 Cc. 
 
 Cc. 
 
 12, 
 
 14, 
 41, 
 
 48, 
 
 51. 
 58. 
 
 68. 
 72, 
 33. 
 
 48, 
 
 49, 
 
 50, 
 
 Table of Statutes. XXXV 
 Custom and Inland Revenue Act, 1881. PAGE 
 he ae Zt 192 
 South Wales Bridges Act, 1881 8, 116 
 
 Conveyancing and | Law of ePey Act, 1881. 
 8. 34 ... “VE +. 159 
 Metropolitan Board of AWorki: (foney) Act, 
 
 1881 whe 76 
 Wild Birds Protection hep 1881 ELL 
 Army Act, 1881. aLO0 
 
 s. 146 , . 231 
 Supreme Garet of J udi¢ature ies 1881. 
 
 tk eros a me . 157 
 Highways and Locomotives (Amendment) Not 
 
 1881 28 
 Metropolitan Board of Works = (Money Act, 
 
 1882 : 76 
 Reserve Forces Act, 1882, 
 
 Lt ae . 231 
 Militia Act, 1882, 
 
 BAO: 75, re easy s 
 Municipal Corporations ios 1882 2, 3, 62, 
 
 64, 70, 73, 89, 97, 122, 161, 224, 
 307, a 321, 324, 326 
 
 s, 2, sub-sect. (2) . 168 
 
 8, 7 he wes . 223 
 a DEES aug oes eee a eel 
 roa ae ie ee 12z 
 ES) IES Sn 
 8.14 .., A «46 
 8, 14, sub-sect. (2) poe 
 
 Bd fo ere Wee nae “ne dae ecdgu nee 
 s, 15, sub-sect. (4) . 154 
 s, 15, sub-sect. (5) .. 4, 128, 129 
 
 s. 16 .. 4, 128, 129 
 ss. 17, 18 aS a . 128 
 Beas. ois u: aes fed str 
 8, 22, sub-sect. (2) ss 129 
 8. 23 »: 32, 150 
 Le ane . 129 
 By utes awe ee aa ~5h20 
 ek oe ina ae oe 120, 129 
 pedal nee . 120 
 s. 30 eee te oe 129, 312 
 ss. 31, 34 eas ane nie oe - 128 
 BS. Oak wes coho 
 Guar. ia ee cae . 129 
 Gs <ae ee a7 Baby! 
 
 c 2 
 
XXXVI Table of Statutes. 
 
 45 & 46 Vict. c. 50—continued, 
 s. 40 
 gs. 41, 42 
 ss. 45, 48 
 . 49 
 53 
 54 
 Boies 
 . 58, sub- sect. (6) 
 60res. ne 
 . 60, sub-sect. (1) 
 Oleec. 
 . 61, sub- ioe (2) 
 ep as aS 
 71 
 140 
 27D ack 
 ss. 77—84 ... 
 . 88, sub-sect. (4) 
 O21 eee 
 03 wae oo 
 . 93, sub- ek (11) red 
 . 94, sub-sect. (5) 
 QD" &. re 
 LOOS 
 LOLG2 
 BG RS es: 
 124 ... 
 L237 
 i412. 
 153 ... 
 1042: 
 LD ise 
 169 2: 
 s. 162 . 
 s. 164.. 
 s. 169°. 
 Gre. bhers 
 s 
 s 
 
 prpPpnpnppnpnppn pn pm Dm mm mp m 
 
 pm Pm 
 
 Sei ae. eh as, 
 
 . 226, sub-sect. (3) ... 
 ss. 228, 229 
 
 ss. 232, 233 
 
 gs. 25105 
 
 ss. 252, 257 
 
 Sched. 2 ae 
 
 Sched. 2, rr.5,6 . 
 Sched, 3, Part IT., fre 6 
 
 PAGE 
 
 . 129 
 
 . 129 
 237, 327, 382 
 128, 240 
 . 126 
 
 . 166 
 
 . 127 
 
 . 372 
 
 2, 127 
 
 . 169 
 4,171 
 
 . 168 
 
 . 129 
 372, 382 
 . 353 
 
 . 319 
 
 . 333 
 
 . 320 
 
 308, 312, 333 
 
 203 
 . 322 
 
 . 322 
 
 . 321 
 
 .. 824 
 
 . 325 
 
 . 62 
 
 . 124 
 
 . 290 
 
 . 141 
 58, 59 
 se} 
 
 97 
 
 . 149 
 ay 
 
 . 147 
 ray) 
 62, 70 
 
 . 222 
 
 . 112 
 ... 129 
 120, 127 
 . 129 
 128, 129 
 126, 171, 174 
 . 294 
 
 . 124 
 
Table of Statutes. XXXVI 
 
 45 & 46 Vict. c. 50—continued. PAGE 
 Sched. 3, Part IT., rule 15... hy rege be 
 Sched. 3, Part III., rule 1 ... 350, 352, 361 
 Sched. 3, Part III., rule 2... te vee BOD 
 Sched. 3, Part III., rule 8 ... Ae wee BOOZ 
 Sched. 3, Part ITI., rule 6 ... a «se 008 
 Sched. 9 as fe mi Pee sis: 
 45 & 46 Vict. c. 56. Electric Lighting Act, 1882, 
 aio Ae ae yay 
 45 & 46 Vict. c. 58. Divided Parishes and eee ran Arn dtieye 
 Act (1876) Amendment Act, 1882 4. 99) 
 
 46 Vict. c. 15. 
 
 46 & 47 Vict. c. 27. 
 
 The Lands Clauses Consolidation Act, 1883 106 
 Metropolitan Board of Works = (foney) Act, 
 
 1883 aa aus ona 
 46 & 47 Vict. c. 51. Corrupt Practices Act, 1883 se obs ... 328 
 ee ieee meee Fe Pg 0) 919° B08 
 5B ees nae Ave oi ave 410; 213 
 ss. 37, 38 ine 4¢ He ave Piva! Yl) 
 ss. 45, 46 ye at es sie texpoae 
 cal rere Se ee ee aL 
 s. 47, sub- sect: (3) aa ne ke Oe 
 gs. 50—57 sa... “ie he ose --- O26 
 ss. 59, 60 oe ae “ee wean oat 
 46 & 47 Vict. c. 52. Bankruptcy Act, 1883. 
 ge 82° 2 ee: hey IBS 
 46 & 47 Vict. c. cexxvi. Electric Lighting (Private) Act, 1883 oo ae 
 47 Vict. c. 11. Freshwater Fisheries Act, 1884. 
 Np aR + Age yaeee ik 
 47 Vict. c. 13. Contagious Diseases An taals) ae 1884 10, 72 
 47 & 48 Vict. c. 43. Summary Jurisdiction Act, 1884 _.... ep yss! 
 Bich wok Ee ae we re i aitsy 
 
 47 & 48 Vict, c. 47. 
 47 & 48 Vict. c. 50. 
 47 & 48 Vict. c. 54. 
 
 47 & 48 Vict. c. 58. 
 47 & 48 Vict. c. 70. 
 
 Contagious Diseases (Animals) Transfer of 
 Parts of Districts Act, 1884 weak Ugh aL 
 
 Metropolitan Board of Works oc Act, 
 
 1884 eee 
 Babes eee Ae sy, 
 Yorkshire Registries Act, 1884 ie ere 
 
 Prosecution of Offences Act, 1884 ... 321,327 
 Municipal Elections (Corrupt and. eae Prac- 
 tices) Act, 1884 ... ae os. ‘204, 255 
 
 ss. 2, 7 ee “of ence? 210218 
 s. 8, fetb- sect. (2) ees “ye ae ... 262 
 ye OME ee A iiss Oot eve cl 24k Ob4. 
 he Siete eee te ane ... 256, 268 
 
 eS (1S Mead Oe ace 3 67, 268 
 Sched. 2 4%. Ha Beg te Pe ea 
 
XXXVIli Table of Statutes. 
 
 47 & 48 Vict. c. 70—continuwed. PAGE 
 Sched. 3 ne £53 er by ... 254 
 Schedi3; Part I.” #453 .. 359 
 
 47 & 48 Vict. c. 78. Corrupt Practices (Snapansiont of Blections) * 
 Act, 1884 ... Pie .. 233 
 
 47 & 48 Vict. c. cexxxii. An Act for Extending the Boundenes of the 
 City and County of York, 1884.. sal 
 48 Vict. c. 9. Municipal Voters Relief Act, 1885 ... tie 
 48 Vict. c. 10. Elections (Hours of Poll) Act, 1885... 127, 245 
 48 Vict. c. 15. Registration Act, 1885... ae 161, 376, 378 
 
 s. 1, sub-sect. (3)... sea ast eros 
 
 Bfeea Er eye i vay ses 10, 383 
 
 gs. Bld. baw Le ie ee a AEG | 
 
 BLOG ats Bea a 
 48 & 49 Vict. c. 26. Yorkshire Reine ‘A rieaieient Act, 1885 87 
 48 & 49 Vict. c. 30. Local Loans Sinking Funds Act, 1885 117, 119 
 48 & 49 Vict. c. 46. Medical Relief Disqueléfieation Removal Act, 
 
 oO 
 
 1885. 
 Ba ee avian .. 210 
 48 & 49 Vict. c. 50. Metropolitan Board of “Works ‘(Mohey) Act, 
 1885 ode ioe 76, 119 
 48 & 49 Vict. c. 62. Parliamentary lesions (Return her 
 Act, 1885 ... ie ag et 
 48 & 49 Vict. c. 69. Canina Law Amendment Act, 1885. 
 a 18 eee a OL 
 49 & 50 Vict. c. 32. Contagious Diseases (A a) Act, 1886 10, 73 
 9 Ae ae 
 49 & 50 Vict. c. 38. Riot (Damages) ‘Ach 1886 re vot DONDE eric 
 49 & 50 Vict. c. 42. Revising Barristers Act, 1886 .. ... 137, 384 
 49 & 50 Vict. c. 44. Metropolitan Board of Works 2 Act, 
 1886 ie a vee 
 49 & 50 Vict. c. 48. Medical Relief Act, 1886 =a sa -. of 
 BrvAli rae one 34 
 
 49 & 50 Vict. c. 57. Parliamentary Blections (Return ‘Otficens) 
 Act (1875) Amendment Act, 1886 ... 132 
 
 Ca eee aoap eno te wae ov lee’ 
 
 Bee ses . 134 
 
 50 & 51 Vict. c. 31. Metropolitan Betird of, Works. = (ifoney) Auk 
 1887 ved i 76, 119 
 50 & 51 Vict. c. 48. Allotments Act, 1887 . a2 sil - 64 
 s. 16 se 
 
 50 & 51 Vict. c. 61. Local Government (Botuderie) Act 1887 . oo ee 
 50 & 51 Vict. c. 63. Expiring Laws Continuance Act, 1887 - ee 46 
 50 & 51 Vict. c. 71. Coroners Act, 1887... Seu oon! Ophea 
 ss. 8, 10 ae oth ioe re ey so 
 ss. 11, 14 “ee os AY <e eos Fie 
 By Gils bite ee bee fis ‘nt ae oe 
 
 io) 
 
Table of Statutes. XXXIx 
 
 PAGE 
 51 Vict. c. 10. County Electors Act, 1888 ... rails LARP 4 
 iy Oe ae ee .»- 203, 210, 228, 230 
 s. 2, sub-sect. (2) ... 203 
 eS gous re rai Ae ie . 203 
 8. 4 ... 135, 136, 236, 237, 319 
 et mobeett. (3). 2-138, 167, 236, 249 
 s. 7 ty .. 237, 238, 241, 251 
 Spat Babs sect. (4) te ... 243 
 es eee e fi aae maa wae 
 Pe WA 52, Ne 10, 136, 214 
 SdH chy © Le No tate cae CO BY 
 Cee ee es eg, 1919919; 940 
 s. 13 Boles e: 
 s. 15 ... 240 
 40-52. ane awe Le mes ... 242 
 - 51 & 52 Vict. c. 38. Expiring Laws Continuance Act, 1888 253, 362 
 51 & 52 Vict. c. 40. Metropolitan Board of Works (Money) Act, 
 1888 bv eer ah S709 
 51 & 52 Vict. c. 41. Local Government Act, 1888. 
 Becks ives oe ae * eae Per AM 
 pot trate 8 211, 919, 916, 297, 299 
 a eee a eee ose ore ahe 
 s. 5, sub-sect. (4) vee 200 
 s. 16 ae ok 
 s. 28 “oe er ie .. 220 
 s. 34 ... re ae ae aes ... 224 
 s. 34, sub-sect. (1) See UU 
 s. 48, sub-sect. (4) ... 288 
 BAD cae ... 244 
 Be 4s “Pe aoe ess ea 5 280 
 PR ee rue ENS 25) alae 886, 207 
 “6 TAU sical CLAN Sp I a eaidan ne RRR E B15) 
 s. 72 ... 283 
 Se tA ies ff Me Se .. 225 
 g.7b ic v. 218, 220, 250, 254, 274 
 s. 75, sub- sect. (3) ae ae ees eae 
 s. 75, sub-sect. (4)... ... 201, 297, 299, 361 
 s. '75, sub-sect. (5) ee xe Ean aoe 
 s. 75, sub-sect. (7)... te fe EL 
 s. 75, sub-sect, (9): ... oe ees 
 s. 75, sub-sect. (13) .. Malo 
 s. 75, sub-sect. (15) .. ae ie ... 295 
 s. 75, sub-sect. (16) .. bee 216, 219, 279 
 s. 75, sub-sects. (16)—(19) .. .. 299 
 BE 2Gy sas nae aan ... 249 
 s. 76 dete (6) ree ab 
 s. 76, sub-sect, (12) ... “rae Ble 
 
xl Table of Statutes. 
 
 51 & 52 Vict. c. 41—continued. PAGE © 
 Thy gf PMs a os Pe bee ... 240 
 
 5. OO "5: ae oe vou san oe 282 
 s. 80, sub-sect. (2) ... _ a ont BIO 
 RGU T... ye ea Ae a= ee 220 
 s. 82 ... oes ke a oa --- 220 
 Biel pcs sae aa aes ee =. 218, 225 
 s. 84 ... ee es = ose ove 222 
 8. 85, sub-sect.(T) «.. <2. | ses 
 a ey eae = ae ee oon aL 
 Be ae aie hee ehe oes oe 223 
 OD oe: oy nae Be oe wwe) 208 
 103 ... ee =a ae ase «.. 244 
 103, sub-sect. (1) ... e ke 
 103, sub-sect. (5) ... mae a ase AD 
 105 ... ae ase See ee ose 220 
 107... wr 3 die 
 107, sub-sect. (5) ... ae oa --- 293 
 108 ... a dug aoe -. qos OL 
 PRE es ~ aoe — om --- 218 
 1 Jibs. ace “i =a coc) earns 
 s. 125... eee nae ah eae -.- 290 
 
 a 
 
 * 
 
 FPF PP Pp 
 
 nn wp 
 
 nN 
 . 
 
 ee 
 
TABLE OF CASES 
 
 Abel v. Lee iss 
 
 Aberdare Local Board v. | Hammett 
 
 Ackers v. Howard cee 
 
 Alison v. Charlesworth ... 
 
 Alison v. Hall ... 
 
 Allingham, Bettesworth v v. 
 
 Alsop, Cross v. ... i 
 Amesbury Guardians »v. ‘Wiltshire J ii 
 Ancketill v. Baylis oe “ss 
 Andrews, Budge v. : a 
 
 Angell v. Paddington Kod ace 
 
 Arch v. Bentinck 
 
 Armitage, Henry v. =e 
 
 Aslatt v. Southampton (Corporation ary 
 Attorney-General v. Blackburn (Corporation o 
 Attorney-General v. Moore . 
 Attorney-General v. The Mayor of Bren 
 Attorney-General v. Wigan if 
 Avery, Reg. v. 
 
 Aylesbury Election Petition 
 
 Aylesford co aaa ey Reg. v. 
 Ayres, Ex parte .. by a 
 
 Bagshaw v. Buxton Local Board 
 Baker v. Locke ... Ate 
 Baker v. Marsh ... 
 
 Bale, Milnes »v. 
 
 Bangor (Mayor of), Rep. « v. 
 
 Barber, Lenham v. + 
 
 Barley v. Whiteley 
 
 Barnes, Ford v. 
 
 Barrow Election Peteon: ot 
 
 Barton v. Birmingham Spe Clerk of) 
 Bartrum, Pierce »v. 
 
 Batchelor, Greenway v... 
 
 Batty, Nield v. 
 
 2, 216, 
 
 208, 2 
 
 231, 
 
 bo G9 bo bo wo oe oo 
 — 
 
 bo 
 
 Io = OC 
 
 im O 
 9 OO mem AT Ore e& Ww bo Ww He 
 
xlii Table of Cases. 
 
 PAGE | 
 
 Baylis, Ancketill v. ee a ai . se co ... 204 
 Baylis, Bradley »v. ae : bis ae 13 woe DOE 
 Beal v. Exeter (Town Clerk of) ee a et oe son ONG 
 Beal v. Ford ed Ye = eS st = 110 ROT 
 Bean, Mallam v.. 4A Le ae. EA aa 4 ... 264 
 Beardsall, Reg. v. a Fi Bp ss. 300, 369 
 Beaumont, Birmingham kiuardiace of) Tie A ee re Pe 
 Roanene Nicol 0, tes eee a a 4 ae eo 
 Bedford, Wachee ee a Ps dy eo ... 205 
 Bedhtgion (Overseers of), Reg. ale eee ty Be er ee fe 
 Beannte. Arch ». is oe — rs “3 ey: ... 262 
 Besley, Bowten v. eee er ine +e f) ae: vee DOT 
 Bester, Reg. v. ... ae a Bie e as eos 249 
 Betteaworth v. Allingham ve UF oP ee: ae Beets 
 Birkbeck v. Bullard ... oe Ske hy sue ss ... 266 
 Birkbeck, Lz parte oe ik ap a eee 
 Ee mehant (Guardians of) v. Beatimont a mA en .. 44 
 
 Birmingham (Town Clerk of), Barton. —.... i Ae ae OO 
 Bikek barn (Corporation of), Attorney-General v.  ... . |, 143, 316 
 Blackwell v. England ... ot We ~o os =p 212 BUG 
 
 Blizard, Reg. v. ... ee Py Ae 
 Bloomsbury (County Court J mie of), Reg. 0 v. a Be ... 134 
 Bodwick v. Fennell ... AP" w.. 222 
 Bond v. St. George, Hanover Square (Overeen of) ... re ea Ue 
 Boodle, Flatcher v. “ip re soe if ae ee) Bee 45 
 Boraston, Powell v. ine AN oe ous I «.- 205 
 
 Bowden v. Besley ies ae ra ‘ys ee tp: See ee. 
 Bowes v. Lowe roe is why he me a eel 
 Boycott, Reg. v. ... Na sk ae fe a Bf aT 
 Braddock, Hesketh v. ... Ri aoe — sea PS woe 22 
 Bradlaugh, Hx parte... ur a se ee “pe sae See 
 Bradley ». Baylis sty. as BA eae ... 204 
 Brecon (Mayor of), Attorney-General ¢. Vv. $y re nk seangaak 
 Bridgnorth, Reg. v. as a a Ni ae me ... 209 
 Bridport Election Petition a7 ase ae sy vf ... 247 
 
 Bright v. North . ves ee see 7 +s ae Py pA 
 Brook: Spittal v. re 42 a es oe fe Fe ot 
 Remain Local Board, Re “he ee ae af ve oan ee 
 Bei Hague v.. ie of ae ast st are we. 380 
 Brown, Hiandenciee ae Ris ty: a sae -.. ol, 233 
 Brown, Mather v. ye Ah y ane .-»  . 285, 296, 297 
 Brown, Richardson v. ... ey tk ae < we isa ee 
 
 Buchanan, Clarke v. ... 1s “FY ee oye Bp .-- 209 
 Budge v. Andrews se Ree ea res St .. 212, 256 
 Bullard, Birkbeck v. ... ae 5 tee a a --- 266 © 
 Bullock, Elwood v. ro 48 5: 1 ia. ars wo. 222 
 
Table of Cases. 
 
 Burgess v. Clark ... 
 
 Burgoyne v. Collins 
 
 Burrell, King »v. 
 
 Btixton Local Bent) Bicehaw v v. 
 
 Caiger v. St. Mary, Islington Oat ie 
 
 Sarr, Lewis v. 
 
 Carter, Durant v.... 
 
 Carter, Harrison v. os 
 
 Charlesworth, Alison v.... 
 
 Charlton, Coverdale v. 
 
 Chatham (Overseers of), Hughes Vv. 
 
 Chelsea Election, Re “Ye 
 
 Cheltenham Election 
 
 Chorlton, Hinde v. 
 
 Clark, Burgess v.... 
 
 Clark, Hu parte ... 
 
 Clark, Gothard v. 
 
 Clark v. Le Cren... 
 
 Clark v. Lowley ... 
 
 Clarke v. Buchanan 
 
 Clemenston v. Mason A 
 Cleverton v. St. German’s Rural. Bani tary Authority 
 Collings, Packard v. 8 ee eb 
 Collins, Burgoyne v. F 
 
 Colonial Bank of Australasia v. Willink 
 Cooban, Reg. v. ... 
 
 Cook v. Humber... 
 
 Cotton, Watson v. 
 
 Coulsting, Daniel v. 
 
 Coverdale v. Charlton 
 
 Coward, Reg. v. ... 
 
 Creedon, McDougal v. 
 
 Creek, Re... ae one ie ee os ti 
 
 Cross v. Alsop < 
 Crossman v. Gent-Davis.. eee 
 Croydon (Mayor of), J ohngon v. 
 
 Daniel v. Coulsting 
 
 Darley, Surnam v. 
 
 Dawson, Lovering v. : 
 
 Deans v. Haddington Magistrates 
 Deighton, Reg. v.... 
 
 Denton, ony V%. 
 
 Devonport enon Petition 
 Dickenson, Reg. v. 
 
 xii 
 
 PAGE 
 
 . 215 
 297, 299 
 . 253 
 24 
 
 » 205 
 . 214 
 eta! 
 Sao 
 . 274 
 
 Q4 
 . 209 
 Sees i Yi 
 
 29 
 « Ov 
 
 . 24 
 
 . 215 
 
 . 814 
 
 285, 297 
 
 . 222 
 
 257, 268 
 
 , 209 
 
 855, 363, 371 
 x. Pele i 
 “308, 316, 335 
 297, 299 
 
 . 272 
 
 . 233 
 
 . 205 
 
 . 205 
 
 1. 204 
 &Migd 
 
 . 284 
 
 ... 206 
 
 v5 205 
 
 208, 209 
 
 . 266 
 
 , 222 
 
 . 204 
 . 204 
 
 257, 266, 268 
 
 . 367 
 . 284 
 . 204 
 . 324 
 we 273 
 
xliv Table of Cases. 
 
 Dipstale’s Case + 
 Dorset eae one Rex. Vere 
 Doulon v. Halse .. ay 
 
 Drew, Ford v. 
 
 Dunn, Reg. v. Ay a5 +e 
 Durant v. Carter... a ae can 
 
 Edwards v. Lloyd 
 Ellis, Williams ». 
 Elwood v. Bullock 
 England, Blackwell v. 
 Ennis, Sheil v 
 
 Escott, Moger wir 
 
 Essex, Jn re Election Te Routt Faster Trivia Ol ses 
 
 Essex JJ., Reg. v. 
 
 Everett v. Mltraped 
 
 Exeter (Town Clerk of), Beal 9 v. 
 
 Exeter Mayor, &c., of (Dipstale’s Case), Reg. : v. 
 Exeter (Mayor, ee of) (Wescomb’s Case), Reg. v. 
 
 Farnie, Powell . 
 
 Faversham, Reg. v. 
 
 Fell, Gregory v. ... 
 
 Fennell, Bodwick v. 
 
 Field, Baenolsen v. 
 
 Welding v. Rhyl Improvement Cominieicuer 
 Fletcher v. Boodle 
 
 Fletcher v. Hudson 
 
 Flintham v. Roxburgh ... 
 
 Folkestone (Mayor, &e., Re v. Woodward 
 Ford v. Barnes : Ae os 
 Ford, Beal v. 
 
 Ford v. Drew 
 
 Ford v. Hart 
 
 Ford v. Pye 
 
 Fox, Reg. v. 
 
 Francis, Reg. v. .. 
 
 Franklin, Reg. v. 
 
 Futcher v. Saunders 
 
 Gaskarth, Reg. v. 
 
 Gent-Davis, Crossman v. 
 
 Goff, Phillips w. ... se 
 
 Goodwin, Taylor v. Yr esi ose 
 
 Goole Election Petition... 
 
 Gosse, Reg. v. ... pe a¥3 ae BS 
 
 135, 
 
 204, 
 
 «. 205 
 wtiaes 
 2. 203 
 ... 222 
 
 . 214 
 
 . 206 
 
 oe aD 
 . 214 
 
 212, 235, 241, 248, 
 
 297 
 205 
 
 wee BOF 
 re 
 Par bt 
 oer 
 MPA 
 we 306 
 ... 214 
 ... 214 
 
 . 234 
 
 . 215 
 . 266 
 . 368 
 
 22s 1LU 
 .. 268 
 . 272 
 
Table of Cases. xly 
 
 PAGE 
 Gothard v. Clark Mae ee3 aed mre ote adr GUO e 
 Gough v. Murdock aie of ee oF ue fe «.. 252 
 Gourlay, Stevensv. _.... Ty, Fe eed ate ies .-. 206 
 Grapes, Everett v. ts PeLs. 
 Great Eastern Railway Company v. Hackney ‘Board of Works ang oo 
 Greene, Reg. v. ... re see $Y ase (149, O31 
 Greenway v. Batchelor . ee fe “ts vt nae .-. 228 
 Gregory v. Fell , p Pe ee ve Te “a ... 253 
 
 Gregory, Reg. v.... ous Te2 eee <e re --- 208, 285 
 Grimshaw, Reg. v. cee ree eee a ocd aye ove 294 
 Guest, Powell v.... e one ore aE oe ee ow» 206 
 
 Hackney Board of Works, Great Eastern Railway tea Way doa 5 te 
 
 Haddington aiiiam Deans v..... : t ise +. 367 
 Hague ». Brown.. oe as we be sgemeviatd we. 336 
 Hall, Alison v. ... —_ ee sas s ve ae .. 274 
 Halse, Doulon v.. i Pe aaa wae ee ay 02 210 
 Hambridge, Honey bone OF ous ae ax “re = opeLG 
 Hammersmith, Reg. v. ... rey’ fad Hey sri: ae ao 
 Hammett, A perdare Local Board JS are wt ie . . 252 
 ectiniond, Reg. v. ace Ee ey. be ae wee »-. 284 
 
 Harding v. Stokes ee ae we re ite ts w+. 330 
 Hardwick v. Brown ... iad vas ie oe nas. | #) Delay Sichek 
 Hargreaves v. Simpson ... 7, wee ~~ Mee oa s00) OT 
 Harmon v. Park... ee “ae ea pe <i 257, 296, 299 
 Harrald, Reg. v. ... Se == = ae “ ie --. 248 
 
 Harris, Morrish v. y nh oes 2 as ee --- 206 
 Harrison v. Carter Fe x cee aso 43 Bs eves LU 
 Hart, Ford v.- ... ae wee tee ye “te --. 207 
 Hart, Reigate (Mayor ay Vite sae bas ay re aif Me ae 
 Hartshorn, Pare v. oot Bt ar cy chien 5s saath Rect Ml use? pee saae Ol 
 Hazeldine, Stannanought v. ... Eye ase oe aie ee. B04 
 Heath, Reg. v. ... < eee = oon eee $e saupeee 
 Henderson, Jamesv.  ... cee =a ee tf ~~ ner i 
 
 Henry v. Armitage nee Bee = of wed 285, 296, 297 
 Hesketh v. Braddock ... ae oe, aes ee ae «oe 
 Hibbs, Hunt v. ... pas eee ae he Se 4 ee. 253 
 
 Higgon, Young v. ase Et: Aes ae aa Ne -. 294 
 Hinde ». Chorlton ait Ye. a ee Sch ae sss) ae 
 Hiorns, Reg. v. ... a ‘gk ce aoe ae ... 256 
 
 Honeybone »v. Hambridge fag ee 7h oF ws soe LU) 
 Howard, Ackers v. ane her: Ae ery oat ved ... 368 
 Howes v. Turner... ae ees ues aye $c 243, 255, 299 
 Hounsell v. Suttill oP ire eae ete Pe: a ee ea 
 Hudson, Fletcherv. ... “ee cee ae apr os. 214 
 Hughes v, Chatham (Overseers of) a ee oe. o --. 209 
 
xlvi Table of Cases. 
 
 Humber, Cook ». 
 Hunnings v. Williamson 
 Hunt v. Hibbs 
 
 Ingle, Wright v.... 
 Ipswich Election Petition 
 Treland, Reg. v. .. 
 
 Jackson, Monks v. 
 
 James v. Henderson 
 
 James, Pickering v. ; 
 Johnson », aon (Mayor of) 
 Joliffe, Tomkins v, ; “of 
 Toure. Stowe v. ... 
 
 Kay, Woolley v. ra 
 Kennington Flection Petition va 
 King v. Burrell . 
 
 King v. Share... 
 
 feseegtrtlites Ee. Rog. ¢ v. 
 
 Knight, Poplar Board of Works v. 
 
 Lambeth (County Court Judge of), Reg. v. 
 
 PAGE 
 »-» 205 
 . 214 
 . 253 
 
 -- 205 
 . 314 
 . 209 
 
 256, 298, 299 
 . 370 
 
 . 356 
 
 .. 222 
 
 .- 214 
 
 oo. B10 
 
 .. 214 
 wee O4 
 . 253 
 . 253 
 dl 
 
 . 206 
 
 . 134 
 
 Lancashire JJ. v. Newton-i n-Makerfield Improvement Cogiaia 
 
 sloners 
 
 Lancashire JJ., Over Deen (Mayor of) v. 
 Lancashire JJ. v. Rochdale (1 Sere? re 
 
 Lankester, Le Feuvre v. 
 Leach, Yates v. 
 
 Le how Clark v. 
 
 Lee, Abel v. 
 
 Wonk (Mayor, &c., of), Ree. Vie 
 
 Leek Teeheyemient Commissioners v. Staffordshire i 7 
 
 Le Feuvre v. Lankester .. 
 Lenham v. Barber 
 
 Lewis v. Carr |... 
 Lichfield, Reg. v. 
 Lichfield (Mayor of), Reg. Vv. 
 Line v. Warren ... oe 
 Linney, Moorhouse v. 
 Lloyd, Edwards ». 
 Lochrane, Macdonald v.... 
 Locke, Baker v. ... 
 Lovering v. Dawson 
 Lowe, Bowes v. : 
 Lowestoft Election, Re ... 
 
 21 
 
 21 
 
 ; lee 
 
 214, 215° 
 
 256, 265 
 
 . 222 
 
 ... 208 
 
 233, 256 
 
 21, 22 
 
 wee 214, 215 
 wil, 
 . 214 
 
 da 
 onus eee 
 257, 259, 262 
 285, 297 
 
 . 210 
 
 1. 222 
 
 >it Lene 
 257, 266, 268 
 . 206 
 
 ..ol7 
 
Table of Cases. 
 
 Lowley, Clark v.. 
 
 Lowley, Maude v. Ge 
 
 Lowndes, Tunstill Turnpike Trustees ¢ v. 
 Ludlow Election, Re 
 
 Lundie, Reg. v. ... 
 
 McClean v. Pritchard 
 Macdonald v. Lochrane... 
 McDougal v. Creedon 
 
 McGowan, Reg. v. 
 
 McLaren v. Milne Home 
 Magarrill v. Whitehaven (Overseers of) 
 Maidenhead (Mayor of), Reg. v. 
 Malden, Reg, v. ... ry eae 
 Mallam v. Bean ... 
 
 Marsh, Baker ». ... 
 
 Mason, Clementson v. 
 
 Mather v. Brown 
 
 Matthews, Hx parte 
 
 Maud v. Lowley .. 
 
 Mellis v. Shirley Lucal Board: 
 
 Middlesborough Overseers v. North Riding J J i 
 
 Middleton v. Simpson ... 
 Milne Home, M‘Laren v. 
 Milnes v. Bale 
 
 Moger v. Escott ... 
 Monks v. Jackson 
 
 Moore, Attorney-General v. 
 Moorhouse v. Linney 
 Morrish v. Harris 
 Mossmann, Winn v. 
 Munro v. Watson 
 Murdoch, Gough v. 
 
 Nally v. Reg. 
 Nelson, Stacey v. 
 
 xl vii 
 
 PAGE 
 257, 268 
 . 340 
 . 206 
 . 317 
 . 222 
 
 , 204 
 
 , 222 
 
 . 206 
 246, 247 
 . 367 
 1. 210 
 269, 326 
 bes th 
 4 . 264 
 . 212 
 
 1. B55, 363, 366, 371 
 
 285, 296, 297 
 . 314 
 
 . 340 
 
 . 214 
 
 ata} 
 
 . 212 
 
 .. 367 
 
 . 303 
 Pere S18 
 256, 298, 299 
 . 273 
 
 285, 297 
 
 .. 205 
 
 . 273 
 
 . 222 
 
 . 252 
 
 ac ako 
 24 
 
 Newton-in-Makerfield Improvement. i Gommmiasioners: Lancashire 
 
 JJ.v. =. 
 Nicholson v. Field 
 Nicol v. Beaumont 
 Nield v. Batty 
 Northamptonshire JJ., Stops v. v. 
 North, Bright . d Fe 
 Northcote v. Pulsford 
 
 North Riding JJ., Middlesbrough (remeens v. 
 
 Norton, Reg. v, 
 
 20 
 : 214 
 25 
 . 341 
 eee. 
 . ol 
 . 357 
 21 
 . 303 
 
xlvili Table of Cases. 
 
 Norwich, Reg. ». 2 
 Norwich Election Petition 
 Nunn v. Denton ... 
 
 Oldham, Reg. v. 
 
 Over Darwen (Maver of) v. Tancashing J J. 
 
 Packard v. Collings ay 
 Paddington Vestry, Angell v. ... 
 Pare v. Hartshorn 
 
 Park, Harmon ~. 
 
 Pascoe v. Puleston 
 
 Perry, Hx parte ... 
 
 Phillips v. Goff .. 
 
 Phippen, Reg. v.... 
 
 Pickering v. James 
 
 Pierce v. Bartrum 
 
 Plenty; Reg. v. ... 
 
 Poplar Boatil of Works : v. : Knight 
 Powell v. Boraston avs 
 Powell v. Farnie 
 
 Powell v. Guest ... 
 
 Powell, Reg. v. .. 
 
 Poynter, Shaw v. 
 
 Prest, Reg. v. ... 
 
 Preston (Mayor, &c. bone Reg. v. 
 Pritchard, McClean v. a 
 Puleston, Pascoe v. : 
 Pulsford, Northcote v. ... 
 
 Pye, Ford v. 
 
 Ready, Simpson v. 
 Reg. v. Avery ... 
 Aylesford (Inhabitants of) 
 
 Reg. 
 Reg, 
 
 ;; Deighton... 
 . Dickenson 
 
 Reg. v. 
 Reg. v. Bangor (Mayor, &c., of) 
 Reg. v. peaell: - 
 Reg. v. Bedlington (Overseers of) 
 Reg. v. Bester rf ase 
 Reg. v. Blizard ... 5 
 Reg. v. Bloomsbury (County Cotirt J dee oy 
 Reg. v. Boycott ... 
 Reg. v. Bridgnorth 
 Reg. v. Cooban ... 
 Reg. v. Coward ... 
 v 
 v 
 
 PAGE 
 ... 142 
 335, 336 
 . 204 
 
 . 213 
 21 
 
 308, 316, 335 
 i. es 
 er 
 257, 296, 299 
 . 264 
 
 . 314 
 
 .. 368 
 
 . 276 
 
 . 356 
 
 . 222 
 
 247, 285 
 
 . 206 
 
 . 205 
 
 .. 205 
 
 .. 206 
 
 .. 222 
 
 . 222 
 
 . 142 
 
 1. B59 
 
 .. 204 
 
 .. 264 
 357 
 
 . 207 
 
 vee 214 
 . 284 
 wos 
 2, 216, 232, 371 
 .. 369 
 
 . 115 
 
 . 249 
 
 . 232 
 
 . 134 
 
 . 207 
 
 . 209 
 
 . 233 
 
 .. 284 
 
 . 284 
 
 .. 273 
 
Table of Cases. 
 
 Beer Dorsey (Inhabitants of)... © 60 se tee 
 ; Reg.v. Dunn ... fe aa Me yh $f 
 
 Reg. v. Essex JJ... ms 
 
 Reg. v. Exeter (Mayor of) (Dipstale’ g Case) ef 
 
 Reg. v. Exeter (Mayor of) i aa: s Case) ... 
 
 Reg. v. Faversham oo ae as ove 
 
 Reg. v. Fox sive os ef tf he eee ose 
 
 Reg. v. Francis 
 
 Reg. v. Franklin... 
 
 Reg. v. Gaskarth... 
 
 Reg. v. Gosse 
 
 Reg. v. Greene 
 
 Reg. v. Gregory ... 
 
 Reg. v. Grimshaw 
 
 Reg. v. Hammersmith ... 
 
 Reg. v. Hammond 
 
 Reg. v. Harrald ... 
 
 Reg. v. Heath 
 
 Reg. v. Hiorns 
 
 Reg. v. Ireland ... 
 
 Reg. v. Kingsbridge H. B. se 
 
 Reg. v. iambeth (County Court J Fudge ‘of) 
 
 Reg. v. Leeds (Mayor, &c., of) .. ap ai 
 
 Reg. v. Lichfield ee at 
 
 Reg. v. Lichfield sri of 
 
 Reg. v. Lundie 
 
 Reg. v. McGowan ce 
 
 Reg. v. Maidenhead (tayor of) 
 
 Reg. v. Malden ... 
 
 Reg. v. Nally 
 
 Reg. v. Norton 
 
 Reg. v. Norwich ... 
 
 Reg. v. Oldham ... 
 
 Reg. v. Phippen ... 
 
 Reg. v. Plenty 
 
 Reg. v. Powell 
 
 Reg. v. Prest ... 
 
 Reg. v. Preston (foyer, & C. 101) 
 
 Reg. v. Rippon h 
 
 Reg. v. Rose, or Wood a 
 
 Reg. v. Rowley ... 
 
 Reg. v. Sheffield ... 
 
 Reg. v. Shropshire JJ. ... $e 
 
 Reg. v. Southampton (No. 1) ... 
 
 Reg. v. Southampton (No. 2) 
 
 Reg. v. Spratley ... : 
 
 xlix 
 
 PAGE 
 
 ee 
 . 142 
 my 
 204, 206 
 . 206 
 
 . 222 
 
 . 336 
 
 . 214 
 
 . 214 
 
 1. 215 
 272 
 142, 231 
 208, 285 
 . 294 
 ere 
 . 284 
 
 . 248 
 wes 
 
 . 256 
 
 . 209 
 MGS 
 pind GE 
 233, 256 
 . 142 
 
 . 209 
 vs 222 
 246, 247 
 269, 326 
 eels 
 . 273 
 
 . 303 
 ., 142 
 . 213: 
 1. 276 
 247, 285 
 . 222 
 
 . 142 
 
 . 359 
 
 . 234 
 
 . 272 
 ... 234 
 31, 142 
 . 294 
 62 
 
 . 62 
 .. 285 
 
] Table of Cases. 
 
 Reg. v. Staffordshire (Justices of) 
 
 Reg. v. Stockton JJ. 
 
 Reg. v. Stratford-upon-Avon (tayo of 
 
 Reg. v. Stroulger... 
 
 Reg. v. Tewkesbury (Mayor, ie eG 
 
 Reg. v. Thwaites... 
 
 Reg. v. Tugwell . 
 Reg. v. United Kingdom "Telegraph Company 
 Reg. v. Welshpool (Mayor, &c., of) re 
 Reg. v. West Riding JJ. ave 
 
 Reg. v. White 
 Reg. v. Wigan (Mayor a) 
 Reigate alone of) v. Hart 
 
 Rhyl Improvement Commissioners, Fielding ». v. 
 
 Richardson v. Brown ces 
 Ringwood Highway Board, rant Vs 
 Rippon, Reg. v. ... 
 
 Roberts, Hx parte a 5 
 Robertson, Woolwich (Overseers of) 0. v. 
 Robinson, Todd ». 
 
 Robson, Hx parte . 
 
 Rochdale (Mayor of), Lanceshige JJ. v. 
 
 Rolls v. St. George-the- Taal Southwark (Vestry of » 
 
 Rose, or Wood, Reg. v. ... 
 Rowley, Reg. v. ... 4 
 Roxburgh, Flintham Deal 
 
 St. George, Hanover Square (Overseers of), Bond v.... 
 St. George the Martyr, Southwark (Vestry of), Rolls v. 
 St. German’s Rural Sanitary Authority, Cleverton v. 
 
 St. Mary Abbots, Kensington, Taylor v. 
 St. Mary, Islington ee 0 Caiger v. 
 Sarsons, Woody ard v. 
 
 Saunders, Futcher ». BF, 
 Seghill (Overseers of), Smith v. 
 
 are King v. ie, 
 
 Shaw v. Poynter. 
 
 Sheffield, Reg. w.... 
 
 Sheil v. Ennis 
 
 Shillito v. Thompson ... 
 
 Shirley Local Board, Mellis v.. 
 
 Shcreditch (Hoxton Division) ‘Pinliawentery lection, Rae : Ex 
 
 parte Walker 
 Shropshire JJ., Reg. v. ... 
 Simpson, Hargreaves v.... 
 Simpson, Middleton v. ... 
 
 PAGE 
 eee 272 
 .. 231 
 
 244, 249, 251 
 
 eco 
 
 . 303 
 
 .. 256 
 285, 335 
 285, 296 
 va. Se 
 233, 256 
 20 
 
 a wok 
 ve. 232 
 72, 273 
 v1. 206 
 .. 206 
 
 . 2 
 
 . 234 
 
 . 273 
 a are 
 215, 317 
 314, 317 
 20 
 
 24 
 
 . 272 
 
 . 234 
 
 212, 235, 241, 248, 297 
 
 . 207 
 24 
 ees 
 . 207 
 
 ves 205 
 367, 368 
 wes 234 
 208, 209 
 . 253 
 
 . 222 
 31, 142 
 .. 368 
 
 . 222 
 . 214 
 
 . 134 
 . 294 
 . 327 
 os ie 
 
Table of Cases, 
 
 Simpson v, Ready ss tear A hat Fite DAS 
 Simpson v. Yeend “ye 
 Smith v. Seghill (Overseers Bp)! 
 
 Southampton (Corporation of), Aslatt v. v, 
 Southampton (No. 1), Reg. v. ae 
 Southampton (No. 2), Tee De cis 
 
 South eo. Election 
 
 Spittal v. Brook . it 
 
 Spratley, Reg. wv. 
 
 Staffordshire JJ., ‘Leek Tryroyenient Commilesioners' v, 
 
 Staffordshire (J natiees of), Reg. v, 
 Stannanought v. Hazeldine 
 
 Stepney Election Petition 
 
 Stevens v. Gourlay 
 
 Stockport (Town Clerk of), Wright v. 
 Stockton JJ., Reg. v. ee ave 
 Stokes, Herding v. ~ 
 
 Stops v, Ncrthamptonshire J i 
 
 Stowe v. Jolitte ... 
 
 Stracey v. Neiscn . 
 Stratford-upon-Avon (Mayor of), Reg v. 
 Stroulger, Reg. v. 
 
 Sunderland PR Company, PHotnpan'« v. 
 Surnam v. Darley 
 
 Suttill, Hounsell v. 
 
 Taylor v. Goodwin va? 
 
 Taylor v. St. Mary Abbots, Kensington 
 Tenby, Williams v. os 
 Terry, Ex parte ... “te 
 Tewkesbury (Mayor, eo Sopa O2IVicc: 
 Thomas, Whithorn », wa 
 Thompson, Shillito v. 
 
 Thompson v. Sunderland Gas Company 
 Thwaites, Reg. v. ae : 
 Todd v. Robinson 
 
 Tomkins v. Joliffe 
 
 Towsey v. White.. 
 
 Tugwell, Reg. v. 
 
 Tunstall Pirnpike TP riistees v. owndes 
 Turner, Howes ». a 
 
 Turner v. Ringwood Highway Board .. 
 Tyrone Election Petition 
 
 United Kingdom Telegraph Company, Reg. v. 
 
 244, 249, 251 
 
 li 
 
 PAGE 
 
 in ». 214 
 
 . 385 
 208, 209 
 , 233 
 62 
 v.62 
 . 314 
 
 .. 208 
 v.25 
 21, 22 
 
 . 272 
 w. B54 
 . 209 
 1. 206 
 205, 209 
 . 931 
 
 . 335 
 
 . 112 
 
 . 370 
 24 
 
 . 303 
 . 206 
 . 204 
 ». 247 
 
 . 150 
 
 . 207 
 
 . 258 
 
 . 314 
 
 . 256 
 
 . 206 
 
 . 222 
 
 . 206 
 
 285, 335 
 215, 317 
 
 1. 214 
 
 . 214 
 
 285, 296 
 rs, S008 
 243, 255, 299 
 . 25 
 
 . 370 
 
 25 
 
 United Telephone Company, Wandsworth District Board of Works v, 25 
 d 2 
 
lii Table of Cases. 
 
 PAGE 
 Waves Ex parte, Re Shoreditch sere Division) Parliamentary | 
 lection ... . 134 
 Wandsworth District Board of ‘Works. v. United Telephone Gom- 
 pany.. ees We Sis Pty «ts = aed a, 
 Warren, Tine eee ee se eee mea “oa 257, 259, 262 
 Watson v. Cotton mes pee me aa are ee sve OO 
 Watson, Munro v. He Des ‘05 ioe ae she Oe 
 Welshpool rude &e., Sys Reg. Does tte “ae ae .. 233, 256 
 Wescomb’s Case . Bae ame SE ane eds sas eG 
 West Riding JJ. v. Reg. Fo ae ae ae aes dine a) 
 White, Reg. v. ... ée8 soe a tae ay A net | 
 White, Towsey V. rr eee oo * bas ee} 
 
 Whitehaven (Overseers of), M Magarrill v. ate ee He ... 210 
 Whiteley v. Barley sy ey aa A he ne w. 214 
 Whithorn v. Thomas ... ee sae Me ade vield eee 206 
 Whitmore v. Bedford ... ve ns ue me oni -. 205 
 Wigan, Attorney-General v. ... ss. enn nue we Sy LAD 
 Ming Election ... Me ra pry +e - ww. «= 14, 335 
 
 Wigan (Mayor, &c.), Reg. @,. ites oad ies ses are oo. 232 
 
 Wigtown Election Benton vat Ae ee ake vie) 367 
 Wallinins Colonial Bank of Ansted sae eas Be ho Pama 
 Williams v. Ellis... Ale es ae Sha sis “aa eek OU 
 Williams v. Tenby ote he os ee ae abs ... 258 
 Williamson, Hummings v. ine a eee ie Seo w-. 214 
 Wilks, Hx parte ... sks aaa see ... 314 
 Wiltshire JJ., enti hie Coanpiiane 0. ae sak as ea} | 
 Winn v. Rte bt as re eee its ae w. 273 
 Wiseman, Jn ve ... eas <5 Me sae oe nae sai Bae 
 Wood (Rose or), Reg. w.... nas ae a eR rp 
 Woodward, Folkestone (fagor, ‘&,; ) U, kaa one — .-. 205 
 Woodward v. Sarsons ... ee a ... 367, 368 
 Woolley v. Kay .. me be AY * «.. 214 
 Woolwich dpe of), v. Roversanm “ee pe mee parogt Fi Fe 
 Wright v. Ingle ... bk a. he ans eo. 205 
 Wright v. Stockport (Town Clerk ne Pe in .. 205, 209 
 Yates v. Leach ... nas 4 mee oe ne ... 256,265 
 Yeend, Simpson v. oem one re ii a red oe. 300 
 
 Young v. Higgon ote nd 2 Ak aig me «-- 294 
 
INTRODUCTION. 
 
 — 
 
 HE Local Government Act, 1888, is one of the most 
 important measures of recent years. It has been said to 
 
 be the most important statute relating to local government 
 that has appeared since the Municipal Corporations Act, 1835, 
 but it may be doubted whether that Act effected greater 
 changes in local administration. Hitherto the business of a 
 county, as distinguished from the smaller areas within the 
 county, such as poor law unions or sanitary districts, has been 
 administered by the justices in quarter sessions. It has been 
 admitted on all sides that the justices have performed their 
 allotted functions with economy and efficiency. But the 
 justices were not a representative body, and when it came to 
 be the general opinion that much of the work now done by 
 Departments of State might with advantage be transferred to 
 local bodies, an opportunity arose of creating representative 
 boards or councils in counties, and-transferring to them all, or 
 nearly all, the administrative powers and duties now exercised 
 by the quarter sessions, and at the same time of conferring 
 upon them other powers and duties now exercised and per- 
 formed by a central body, suchas a Department of State. The 
 object of the Act may therefore be said to be the creation of 
 a representative body for the purposes of county government, 
 and the transferring to that body, when elected, of all, or 
 nearly all, the powers and duties now exercised and performed 
 
 by the quarter sessions, and of some powers at present exer- 
 
liv Introduction. 
 
 cised by justices out of session. In addition to these, it is 
 proposed, by means of Provisional Orders, to transfer to the 
 representative body many of the powers and duties which 
 now devolve upon public departments and other public 
 
 authorities. 
 
 A county council is to be elected in every “ administrative 
 county.” This term is used throughout the Act to signify 
 the area for which a county council is to be elected. That 
 area is in most cases the same as that of a geographical 
 county, but some geographical counties are divided into two 
 or three administrative counties, for each of which a county 
 council is to be elected. The counties thus divided are 
 Yorkshire, each of the three ridings of which is an adminis- 
 trative county ; Lincolnshire, each of the three parts of which 
 is an administrative county ; Suffolk, Sussex, Cambridge- 
 shire, and Northamptonshire, each of which is divided into 
 two administrative counties. Besides these, the new County 
 of London, consisting of the City of London and the Metro- 
 polis, is an administrative county. There are, therefore, 
 sixty-one administrative counties, each of which will have 
 a county council. This council is to be constituted and 
 elected in most respects similarly to the council of a 
 municipal borough. It is to consist of a chairman, county 
 aldermen, and county councillors. The mode of election is to 
 be regulated by the Municipal Corporations Act, 1882, but 
 with considerable modifications. County councillors will be 
 elected once in three years. They will, moreover, be elected 
 one for each electoral division, and these divisions are to be 
 
 determined by the Local Government Board and by the 
 
Introduction. lv 
 
 quarter sessions in the following manner : In the first place, 
 the Local Government Board must determine the number of 
 councillors to be returned by each county. The same Board 
 must then assign to each borough in the county, which has 
 sufficient population to return one councillor, the number of 
 councillors to be returned by that borough. Where such a 
 borough has two or more councillors appointed to. it, the 
 borough council will divide the borough into electoral 
 divisions. In the rest of the county the justices of quarter 
 sessions will determine the electoral divisions. The Act 
 contains elaborate directions for the constitution of these 
 divisions. They are to be arranged with a view to the © 
 population of each being as nearly as may be equal, but 
 regard is to be had, not merely to population, but to a 
 proper representation of the urban and rural population 
 respectively, to the distribution and pursuits of the population, 
 and to area. When the divisions have been determined, one 
 councillor will be elected for each, the constituency of which 
 division will be the register of county electors prepared in 
 manner provided by the County Electors Act, 1888. In 
 boroughs, the county electors’ register and the burgess roll 
 will be the same. The qualification of a councillor is that 
 provided by the Municipal Corporations Act, 1882, as amended 
 by the County Electors Act, 1888, with one or two additions, 
 
 These qualifications are as follows :— 
 
 (1) The being enrolled and being entitled to be enrolled as 
 a county elector, together with the property or rating quali- 
 fication prescribed by the Municipal Corporations Act, 1882, 
 sect. 11, sub-sect. (2) (c). 
 
lvi Introduction. 
 
 (2) The being enrolled in the non-resident list, which 
 involves all the requirements of the preceding qualification 
 except that of residence within seven miles of the county. 
 For the purposes of this qualification, residence within fifteen 
 miles of the county is sufficient. 
 
 (3) The being entitled to elect to the office of councillor 
 at the time of election. Under section 11 of the Municipal 
 Corporations Act, 1882, a person who is, and who is entitled 
 to be, a county elector at the time of his election is qualified 
 to be a county councillor without any property or rating 
 qualification; but a person ceases to retain his qualification if 
 
 he ceases to reside in the county for a period of six months. 
 (4) The being a peer owning property in the county. 
 
 (5) The being registered as an ownership voter in réspect 
 
 of property of any tenure situate in the county. 
 
 The last two qualifications are created by the Local 
 Government Act. It should be noticed that in all cases it is 
 sufficient that the candidate is qualified for the county ; his 
 qualification need not be for the particular division for which 
 he is candidate. The disqualifications of a county councillor 
 are the same as those of a borough councillor, with one 
 addition created by the Local Government Act, viz., that a 
 county coroner cannot be elected for any division of his 
 
 county. 
 
 The chairman of the county council, who corresponds to 
 the mayor in a borough, will hold office, like the mayor, for a 
 year, and he may be remunerated for his services. He is to 
 
 be a justice of the peace for the county by virtue of his 
 
Introduction. lvil 
 
 office, but apparently he will not, like the mayor of a borough, 
 continue to be a justice after his term of office has expired. 
 The vice-chairman of the council is to be elected by the 
 council itself, to hold office during the office of the chairman. 
 _ And in the County of London, a paid deputy-chairman may 
 be appointed to hold office during the term of office of the 
 chairman. 
 
 Certain special provisions are made for the purpose of 
 applying the Municipal Corporations Act to the election of 
 county councillors. The chief of these are the following: The 
 returning officer at an election of county councillors is to be 
 a@ person appointed by the council. He may appoint deputies 
 for the purposes of all or any elections in the county. Ina 
 borough, if the electoral division is wholly comprised within 
 it, the returning officer will be the borough returning officer. 
 The election will be in manner provided by the Ballot Act. 
 The county aldermen will be elected at the first quarterly 
 meeting next after the triennial election, that is to say, 
 at the meeting held on the 7th November. The 7th November 
 has been substituted for the 9th, that is, the day upon which, 
 in boroughs, the mayor and aldermen are elected, as it was 
 necessary to prevent the clashing of the two quarterly meet- 
 ings. The costs of elections are to be regulated in the mean- 
 time by the scales provided for parliamentary elections ; but 
 the county councils are enabled to frame a scheme or scale of 
 expenses to be observed in future. The ordinary day for the 
 election of councillors will be, as in boroughs, the Ist day of 
 November, in every third year, but the first election which 
 will take place under the Act is to be held in the month of 
 
lvii Introduction. 
 
 January, 1889, and the returning officer for the purpose of 
 that election is to be the sheriff of each county. The 
 county councillors elected in January next will retire on 
 the Ist November, 1891. Of the county aldermen first 
 elected, one-half will retire on the 7th November, 1891, 
 and the other half on the same day in the year 1894. 
 After the first election of a county council they are not to be 
 at once invested with their full powers and duties. They will 
 act at first as a provisional council. They will meet for such 
 purposes as the election of chairman and aldermen, and for 
 making the necessary arrangements with quarter sessions for 
 bringing the Act into operation. But it will not be until the 
 1st of April, 1889, that the county councillors will commence 
 
 to exercise their full powers and duties. 
 
 These powers and duties are for the most part contained in 
 Part I. of the Act, and may thus be tabulated :— 
 
 1. Administrative business transferred from the justices 
 in quarter sessions, viz. :— 
 Preparation and revision of standard or basis for the 
 county rate. 
 
 Making, assessing, and levying county, police, and 
 hundred rates. 
 
 Making orders for payment of sums out of county 
 fund. 
 
 Borrowing money. 
 
 Passing of accounts of and discharge of county 
 treasurer. 
 
Introduction. lix 
 
 Providing and maintaining shire halls, county halls, 
 assize courts, judges’ lodgings, lock-up houses, court 
 houses, justices’ rooms, police stations, and county 
 buildings, works, and property. 
 
 Music and dancing licenses under general Acts. 
 
 Racecourse licenses. 
 
 Providing, enlarging, maintaining, managing, and 
 visitation of pauper lunatic asylums. 
 
 Reformatory and industrial schools. 
 
 County bridges. 
 
 Powers of county authority under the Highway Act, 
 1878. 
 
 Tables of fees and costs to be taken by inspectors and 
 other county officers. 
 
 Appointment, renewal, and determination of salaries 
 
 of county officers, such as treasurer, surveyor, 
 analysts, &e. 
 
 Salary of county coroner and fees, allowances, and 
 disbursements paid by him. 
 
 Division of county into coroners’ districts and assign- 
 ment of such districts. 
 
 Division of county into polling districts for parlia- 
 mentary elections, appointment of places of election, 
 places for holding revision courts, and costs of 
 registration. 
 
 Execution as local authority of certain Acts, viz., those 
 relating to— 
 
 Contagious Diseases (Animals). 
 
lx Introduction. 
 
 Destructive Insects. 
 Fish Conservancy. 
 Wild Birds. 
 Weights and Measures. 
 Gas Meters. 
 The Local Stamp Act, 1869. 
 Matters arising under the Riot (Damages) Act, 1886. 
 Registration of rules of scientific societies under 6 &7 
 Vict. c. 36. 
 Registration of charitable gifts under 52 Geo. 3, c. 102. 
 Certifying and recording places of worship under 952 
 Geo. 3, c. 155. 
 Confirmation and record of rules of loan societies 
 under 3 & 4 Vict. c. 110. 
 
 2. Certain powers and duties of justices out of session, 
 viz. -— 
 Licensing of theatres. 
 Execution as local authority of the Explosives Act, 
 1875. 
 
 3. Powers hereafter to be conferred by Provisional Orders, 
 Viz. :— 
 
 Administrative powers and duties under any Act of 
 the Privy Council, a Secretary of State, the Board 
 of Trade, the Local Government Board, the Educa- 
 tion Department, or any other Government Depart- 
 ment. 
 
 Powers, duties, and liabilities arising within the county 
 of any commissioners of sewers, conservators, or 
 
 other public bodies (other than guardians). 
 
Introduction. lxi 
 
 4, New powers created by the Act :— 
 
 Appointment of coroners of county. 
 
 Power to purchase or take over existing bridges. 
 
 Entire maintenance of main roads. 
 
 Concurrent powers to enforce Rivers Pollution Act, 
 1876. 
 
 Power to oppose Bills in Parliament, or institute or 
 defend legal proceedings necessary for the pro- 
 motion or protection of the interests of inhabitants 
 of the county. 
 
 Making bye-laws for good government of county and 
 for suppression of nuisances. 
 
 Appointment of medical officers of health. 
 
 5. Powers to be exercised by standing joint committee of 
 
 county council and quarter sessions :— 
 
 Control of police. 
 
 Appointment of clerk of peace. 
 
 Payment and regulation of salaries of justices’ clerks. 
 
 Payment of costs incurred by quarter sessions and 
 justices, and of defending legal proceedings against 
 justices’ officers or constables. 
 
 Acquiring land and erecting and maintaining county 
 buildings. 
 
 Some of the foregoing powers and duties require special 
 mention, and are hereafter separately dealt with. But it may 
 be properly mentioned here that any of these powers and . 
 duties, other than the borrowing of money or the making of 
 
 rates, may be delegated to committees or to district councils, 
 
Ixii Introduction. 
 
 while those transferred from justices out of sessions, or arising 
 under the Contagious Diseases (Animals) Acts, may be 
 
 delegated to justices in petty sessions. 
 
 Of the powers and duties of the first and second of the 
 above classes no special observation seems to be called for. 
 The administration of the various powers and duties of the 
 quarter sessions under a large number of statutes is simply 
 transferred to the county council without any change beyond 
 that involved in the transfer. But the other classes are 
 altogether different. 
 
 As the Act was originally drawn it proposed to transfer 
 directly to the county council a large number of the powers 
 and duties now exercised by departments of State. During 
 the progress of the Bill this was altered, and these powers 
 will not be transferred except by Provisional Order con- 
 firmed by Parliament. To what extent this part of the Act 
 will be given effect to is uncertain. But it is obvious that 
 this is the decentralizing part of the statute, and unless it is 
 freely acted upon, the expectations of many who are interested 
 in the reform of local government will be disappointed. It 
 should be added that no transfer can be effected under this 
 class without the consent of the department or other public 
 body affected. 
 
 Of the new powers created by the Act and enumerated in 
 the fourth of the above classes, the first is that relating to 
 county coroners. Hitherto county coroners have been elected 
 by the freeholders of the county. Such elections will cease 
 
 for the future. Some other important changes with regard 
 
Introduction. lxili 
 
 to the appointment and jurisdiction of coroners will be here- 
 after mentioned in treating of the application of the Act to 
 
 boroughs. 
 
 The next of the new powers which requires special mention 
 is that which relates to main roads. Main roads were first 
 created by the Highway Act, 1878, which provided that any 
 road which had ceased to be a turnpike road since the 31st 
 day of December, 1870, and any road which might thereafter 
 cease to be a turnpike road should be deemed to be a main 
 road. The justices in quarter sessions were also empowered 
 on the application of any highway authority to declare any 
 road to be a main road by reason of its being a medium of 
 communication between great towns, or a thoroughfare to a 
 railway station or otherwise ; and they might at any time, by 
 Provisional Order, reduce a main road to the status of an 
 ordinary highway. (It will be remembered that these powers 
 of the quarter sessions are among those transferred to the 
 county council as enumerated in the first class.) When a 
 road was a main road it was kept in repair by the highway 
 authority in the usual way, but if the county surveyor 
 certified that this had been done to his satisfaction, the county 
 authority paid to the highway anthority one-half of the 
 expenses of maintenance. This is now altered. The county 
 council is charged with the repair and maintenance of all 
 main roads. Urban authorities may, however, claim to retain 
 the right to repair main roads within their districts, and if 
 they do so the county authority are to make them an annual 
 payment, to be determined by agreement or arbitration. The 
 county council may also agree with highway authorities to 
 
lxiv Introduction. 
 
 repair main roads in their districts, and may require them to 
 undertake this duty in consideration of annual payments, to 
 
 be determined by agreement or arbitration. 
 
 The main roads are by the Act “vested” in the county 
 council, a phrase the importance of which will be recognised 
 by all who are acquainted with its use in the Public Health 
 Act, 1875. Special provisions as to the main roads had 
 of course to be made with reference to the boroughs, 
 but these provisions will be noticed later in dealing 
 with the application of the Act to boroughs. Special 
 provision is also made for highways in the Isle of Wight 
 and South Wales. 
 
 Another important power entrusted to the new county 
 councils is that of enforcing the Rivers Pollution Act, 
 1876, in relation to so much of any stream as may pass 
 through or by the county. It has been felt that this 
 important statute has not been enforced to the extent 
 it might have been. At present it should be enforced by 
 sanitary authorities, but these authorities have often been 
 the greatest offenders in matters of river pollution. Power 
 is also given by Provisional Order to appoint joint com- 
 mittees to deal with an entire stream passing through several 
 counties. 
 
 The county council have also power to oppose, though 
 not to promote, Bills in Parliament, and to institute or 
 defend any legal proceedings necessary for the promotion 
 or protection of the interests of the inhabitants of their 
 county. They are to have the same powers to make bye- 
 laws as the council of a borough, and they are enabled to 
 
Introduction, Ixv 
 
 appoint medical officers for their county, who may, by 
 arrangement with any district in the county, render their 
 services as medical officers for such districts. The object of 
 the last-mentioned provision is to enable a medical officer to 
 act for a wider area than that of a sanitary district, and thus 
 
 to be less influenced by local considerations and influences. 
 
 The duties mentioned in the fifth class are to be exercised 
 through the medium of a standing joint committee, consisting 
 of an equal number of members of the county council and of 
 justices selected by the quarter sessions. The most important 
 of the duties entrusted to this body is the control of the 
 county police. They will appoint the chief constable, fix the 
 number and pay of the police, and generally perform the same 
 duties as to the police which were formerly performed by the 
 quarter sessions. The appointment of the standing joint 
 committee for this purpose is a compromise between the 
 proposal to leave the police under the control of the justices, 
 as at present, and the proposal, on the other hand, to place 
 them under the county council, but it is expressly provided 
 that the police are still to obey the lawful orders of the 
 justices as conservators of the peace. 
 
 The clerk of the peace has hitherto been appointed by the 
 custos rotulorum, who is generally the Lord Lieutenant of the 
 county. He will in future (except in London) be also the 
 clerk of the county council, and future appointments to the 
 office, as well as removals from the office, will be made by 
 the county council. This will not, however, affect the tenure 
 
 of office of existing clerks of the peace, 
 € 
 
lxvi Introduction. 
 
 After the present year, the grants which have hitherto been 
 made by Parliament in aid of local rates are to cease. Instead — 
 of these, certain payments are to be made to the county 
 councils by the Commissioners of Inland Revenue, con- 
 sisting of the proceeds of a number of Excise licenses 
 enumerated in the first schedule to the Act, and of a 
 proportion of the sums collected for probate duty. These 
 sums are to be paid into the Bank of England into an account 
 called “The Local Taxation Account,” and aré then to be 
 distributed among the several county councils, the amount 
 collected in each county being certified by the Commissioners. 
 At present the duties on these local taxation licenses are to 
 be collected by the Inland Revenue authorities, but it is 
 contemplated by the Act that at some future time the county 
 councils will collect them, and the power to do so may be 
 transferred by Order in Council. The sums paid out of the 
 Probate Duty Grant to each county council are, until 
 Parliament otherwise determine, to be distributed according 
 to the share certified by the Local Government Board to 
 have been received by each county out of the Hxchequer 
 grant in the year ending March 31st, 1888. 
 
 When the duties on the transferred licenses and the 
 probate grant have been paid to a county council they are to 
 be carried to a separate account, called “the Exchequer 
 Contribution Account,” and are to be applied in the following 
 manner : (1) In paying the costs incurred in respect thereof 
 or otherwise chargeable thereon ; (2) in payment of the 
 sums required by the Act to be paid by the county council in 
 substitution for local grants; (3) in payment of the grant 
 required by the Act to be made by the county council in 
 
Introduction. Ixvll 
 
 respect of costs of union officers ; and (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 country con- 
 tributions. The surplus, if any, is to be distributed in the 
 manner described by section 23 of the Act, which need not 
 be here stated in detail. The second and third of the above 
 payments will be made in substitution for the grants hitherto 
 made for similar purposes out of the Exchequer, viz., the 
 remuneration of teachers in Poor Law schools, payments to 
 public vaccinators, school fees of pauper children, half the 
 salaries of medical officers and inspectors of nuisances, remu- 
 neration of registrars of births and deaths, contributions 
 towards the support of pauper lunatics chargeable to the 
 county or to any union or borough, compensation payable to 
 the clerk of the peace or to any county officer under 18 & 19 
 Vict. c. 126, half the cost of the pay and clothing of county 
 and borough police, and a sum for the cost of union officers 
 and drugs and medical appliances. Grants have hitherto 
 been made out of the Exchequer for all these purposes, 
 except for the school fees of pauper children. With regard 
 to the grant for police, such grant is not to be made if the 
 
 Secretary of State withholds his certificate of efficiency. 
 
 So far, the provisions of the Act have been dealt with as 
 applicable to administrative counties. But in addition to 
 these sixty-one counties, a large number of boroughs have 
 
 _ been created county boroughs. 
 
 As the Act was originally drawn, there were only eight 
 of these county boroughs. This number has been now 
 
Ixvili Introduction. 
 
 increased so as to include all boroughs having a popula- 
 tion of over 50,000, together with some ancient cities and 
 boroughs having a less population. One result of excluding 
 these county boroughs from the administrative counties in 
 which they are situated, has been to render it necessary to 
 make an elaborate adjustment of the financial relations of 
 these county boroughs and counties, seeing that, for the 
 future, the county boroughs will be exempt from all contri- 
 butions towards county purposes, with a few unimportant 
 exceptions. For the purpose of making these adjustments 
 Commissioners have been appointed, who are to actin default - 
 of agreement between the counties and the county boroughs. 
 These county boroughs will be, to all intents and purposes, 
 counties of themselves. The borough council will also be 
 the county council, and that body will continue to act 
 both as a municipal corporation and as a county council, 
 with all powers under the Act so far as these are applic- 
 able. The Act then provides for its application to the 
 larger quarter sessions boroughs not being county boroughs, 
 that is to say, those which have a population of 10,000 
 and upwards. In these boroughs the powers of the councils 
 as local authorities under various statutes are expressly 
 preserved. They are not to be liable to contribute to 
 county purposes to a greater extent than at present, but 
 at all events they are to form part of the county for the 
 purpose of main roads, and they are declared to be urban 
 authorities within the meaning of the Highway Act, 1878. 
 When a borough has a separate commission of the peace, 
 whether it has a separate quarter sessions or not, the powers 
 of the quarter sessions or justices of the borough are to 
 cease so far as relates to any business which, by the Act, 
 
Introduction. lxix 
 
 is transferred to the county council or the county justices, 
 and the county council is to have within such borough the 
 same power as it has in the rest of the county. The only 
 exception to this is, that the powers and duties of the 
 quarter sessions and justices under the Acts relating to 
 pauper lunatics are to be transferred to the borough council 
 
 and not to the county council. 
 
 The Act makes important changes in the -position of the 
 smaller quarter sessions boroughs. In these boroughs the 
 county council takes over the powers of the borough council 
 and of the borough justices as to pauper lunatics and all the | 
 powers and duties of the borough council as regards coroners, 
 analysts, reformatories, industrial schools, fish conservancy, 
 explosives, and under the Highways Act, 1878. For the 
 purposes of all these Acts and all other administrative 
 business of the county, these boroughs are to be included in 
 the county. In boroughs with a population of less than 
 10,000, whether they have a separate quarter session or not, 
 the powers and duties of the council as to analysts, contagious 
 diseases of animals, gas meters, weights and measures, are 
 to cease, and the borough is to form part of the county. But 
 more important than this is the provision that the separate 
 police force of such a borough shall cease, and the existing 
 
 force shall become part of the county police. 
 
 Passing from boroughs to the metropolis, we find there an 
 important alteration in the law. The metropolis, as defined 
 by the Act, is made a distinct administrative county. It is 
 made a county for all purposes, except that the City of — 
 London is excepted from the jurisdiction of the quarter 
 
 sessions and justices, unless they consent to pass under that 
 é2 
 
lxx Introduction. 
 
 jurisdiction. The number of county councillors is to be 
 double the number of parliamentary representatives, and the 
 electoral divisions are to be the parliamentary constituencies. 
 The Metropolitan Board of Works is abolished, and the 
 county council will sueceed to their duties as well as to all 
 powers and duties enjoyed by county councils in the rest of 
 the country. Special provision is made for the creation of a 
 commission of the peace and the grant of quarter sessions for 
 the new county, also for the grant by the new county 
 councils to the guardians of poor law unions similar to that 
 which is made in counties under the earlier sections of the 
 
 Act already referred to. 
 
 Special provisions are also contained in the Act for its 
 application to several counties and liberties. All liberties 
 are merged in the county for the purposes of the Act, and 
 this applies to the Cinque Ports, subject to the provisions 
 of the Act as to quarter sessions boroughs. 
 
 One of the first duties of the new county councils will 
 be to take into consideration the representations of the 
 Boundary Commissioners under the Act of last session. It 
 will be their duty to consider such reports, and to make such 
 representations to the Local Government Board as they 
 think expedient for adjusting the boundaries of their county. 
 Further alterations of the boundaries of counties, boroughs, 
 or electoral divisions will be effected by means of orders 
 of the Local Government Board on the representation of 
 the county council. These orders will in some cases be 
 provisional only. The county council will also take the 
 initiative in the future alteration of county districts and 
 
 parishes. They will effect the necessary alterations by 
 
Introduction. xx] 
 
 means of orders, some of which will require to be confirmed 
 by the Local Government Board. Power is given to the 
 Local Government Board, with reference to unions in more 
 than one county, to continue such unions for the purposes of 
 indoor relief while dividing them for other purposes. In 
 every alteration of boundaries, care is to be taken that as far 
 as possible the boundaries of one area of local government 
 shall not intersect the boundaries of another. Upon any 
 alteration of boundaries there must be an adjustment of 
 property, debts, and liabilities, and the Act contains elaborate 
 provisions for the adjustment of these several matters. 
 
 The property, debts, and liabilities of the county are 
 transferred to the county council, which is incorporated, and 
 has power to acquire and hold lands without a license in 
 mortmain. The funds of the council are to be carried to 
 the county fund, out of which all payments are to be made ; 
 but in the accounts care is to be taken to distinguish 
 between general county purposes, that is to say, purposes 
 for which the entire area of the county is liable to be 
 assessed, and special county purposes, that is to say, pur- 
 poses from contribution to which some portion or portions of 
 the county may be for the time being exempt. Payments 
 out of the county funds are to be made to and by the county 
 treasurer ; but before any payment can be made, a some- 
 what elaborate system has to be followed—the finance 
 committee must first recommend the payment, then the 
 council must resolve to make the payment at a meeting, 
 then an order has to be made signed by three members of 
 the finance committee present at the meeting, and counter- 
 
 signed by the clerk, and ultimately the cheques of the 
 
Ixxti Introduction. 
 
 treasurer issued in pursuance of the order are to be counter- 
 signed by the clerk or his:deputy. Orders for the pay- 
 ments of money may be removed into the High Court, and 
 there wholly or partially disallowed. County councils are 
 authorised to borrow for any purposes for which quarter 
 sessions may at present borrow, and also for certain 
 special purposes, namely, for consolidating the debts of 
 the county, for purchasing lands or buildings for any 
 work they are authorised to do, and which the Local 
 Government Board consider should be defrayed out of the 
 income of a number of years, and for making advances 
 in aid of emigration. The power of making these last- 
 mentioned advances, however, is only to be exercised if 
 the council have a guarantee for repayment from a local 
 authority in the county, or from the Government of a colony. 
 In every case in which a county council borrow money, 
 except where they borrow for the discharge of existing loans, 
 they must obtain the consent of the Local Government 
 Board. Provision is made for the issue of county stock. 
 The audit of the accounts of the county council is to be in 
 like manner as the audit of the accounts of urban authorities, 
 that is to say, by the district auditor. The audit of the 
 accounts by the county auditors will cease. 
 
 Part V. of the Act, entitled “Supplemental,” contains a 
 large number of provisions relating to the application of 
 Acts. The most important enactments of this Part are those 
 which relate to the application of the Municipal Corporations 
 Act, but these are so numerous that it would be impossible in 
 the space at command to attempt to state them. One pro- 
 
 vision of some importance may, however, be mentioned. It 
 
Introduction. Ixxiii 
 
 is, that in London the persons whose names would in the 
 ordinary course be placed in the separate non-resident list, 
 and who would, therefore, be entitled to be elected as county 
 councillors, are in London to be registered as county electors. 
 Provision is contained in this Part for the proceedings of 
 councils and committees and officers. The clerk of the peace 
 is in general to be clerk to the council, and, subject to the 
 provisions of the Act as to existing officers, the clerk of the 
 peace and the deputy clerk are to be appointed by the 
 standing joint committee. The last and concluding portion 
 of the Act is entitled ‘‘ Transitory Provisions,” and after the 
 Act comes into full operation it will be spent. This Part 
 deals with first: elections of county councillors, the prelimi- 
 nary action of councils acting as the provisional council, 
 the appointed day, that is to say, the day upon which each 
 portion of the Act will come into operation, and certain other 
 transitory provisions, the most important of which relate to 
 the metropolis. Provision is made for existing officers, who 
 are, for the most part, to hold office on the same terms and 
 conditions as before the Act, save that they will, of course, be 
 officers of the county council. In the event of their pecuniary 
 position being affected either by abolition of office, diminution 
 or loss of fees or salary, they will receive compensation to the 
 extent to which they may suffer damage. 
 
 These are in outline the principal provisions of the Act, for 
 the details of which reference must be made to its several 
 
 sections. 
 
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LOCAL GOVERNMENT (ENGLAND 
 AND WALES) ACT, 1888. 
 
 51 & 52 VICT. Cap. 41. 
 
 An Act to amend the Laws relating to Local Government in England 
 and Wales, and for other purposes connected therewith. 
 
 [18th August, 1888.] 
 
 E 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: 
 
 PART I. 
 
 County CounciLs. 
 Constitution of County Council. 
 
 J, A council shall be established in every administrative county Establish- 
 as defined by this Act, and be entrusted with the management of ae 
 the administrative and financial business of that county, and shall council. 
 
 consist of the chairman, aldermen, and councillors. 
 
 This section contains in brief a statement of the effect of the Act. Its 
 object is to create in every county a council elected by the persons registered 
 as county electors. Such a council is to be elected in every administrative 
 county as defined by section 100, for some counties are divided and have a council 
 for each division (see section 46). T'o this council is to be transferred the whole 
 of the administrative and financial business now exercised by courts of quarter 
 sessions, together with some other powers and duties transferred to them by 
 the Act itself or to be hereafter transferred to them by provisional order. It 
 is proposed at some future day to transfer to the county councils many of the 
 powers now exercised by departments of state, and this will be done by means 
 of provisional orders. The council is to consist of a chairman, aldermen, and 
 - councillors, and its constitution is prescribed by the next section. 
 
 9. (1) The council of a county and the members thereof shall Composi- 
 be constituted and elected and conduct their proceedings in like SOneuae 
 manner, and be in the like position in all respects, as the council of council | 
 a borough divided into wards, subject nevertheless to the provisions and posi- 
 
 B 
 
2 
 Sect. 2. 
 SuB-S. 1 
 
 tion of 
 chairman. 
 
 45 & 46 
 Vict, c. 50, 
 
 Local Government (England ¢ Wales) Act, 1888, 
 
 of this Act, and in particular to the following provisions, that is to 
 
 say :— 
 
 This provision is more fully carried out by section 75, post, which incor- 
 porates with this Act the provisions of the Municipal Corporations Act, 1882, 
 as to the constitution and election of the council, These provisions are here- 
 after set out, and the modifications of them which are contained in this section 
 and in section 75 and elsewhere throughout this Act have been carefully 
 noticed under each section. 
 
 (2) As respects the aldermen or councillors— 
 
 (a) Clerks in holy orders and other ministers of religion shall 
 not be disqualified for being elected and being aldermen 
 or councillors ; 
 
 This provision prevents the application to county councillors of section 12s 
 
 sub-section (1) (2), of the Municipal Corporations Act, 1882, post, 
 
 (b) A person shall be qualified to be an alderman or councillor 
 who, though not qualified in manner provided by the 
 Municipal Corporations Act, 1882, as applied by this Act, 
 is a peer owning property in the county, or is registered 
 as a parliamentary voter in respect of the ownership of 
 property of whatsoever tenure situate in the county ; 
 
 The qualification of a councillor is that prescribed by section 11 of the 
 Municipal Corporations Act, 1882, post. An alderman must by section 14 of 
 the same Act be a councillor or a person qualified to be a councillor. 
 
 This provision qualifies two classes of persons to be aldermen or councillors 
 besides those qualified under the Municipal Corporations Act as applied by 
 this Act. These are (1) peers owning property (presumably real property, 
 notwithstanding the definition in section 100, post), and (2) ownership voters. 
 
 (c) The aldermen shall be called county aldermen, and the 
 councillors shall be called county councillors; and a 
 county alderman shall not, as such, vote in the election 
 of a county alderman ; 
 
 This prevents the application to county aldermen of the Municipal Corpora- 
 tions Act, 1882, section 60, post, which enables aldermen other than outgoing 
 aldermen to vote as members of the council at the election of aldermen. The 
 meaning of the words “as such” is not clear. It has been suggested that 
 they are inserted to provide for the case where an outgoing alderman has been 
 elected a councillor, and ought therefore to be permitted to vote as a councillor. 
 But in such a case by being elected councillor he would have ceased to be an 
 alderman. See Reg. v. Bangor (Mayor, S'c., of), 18 Q. B. D.349; 56L.J. Q. B. 
 326; 56 L. T. (N.S.) 434; 85 W. R. 158; 51 J. P. 51. It has also been sug- 
 gested that it was intended to enable a councillor, who had himself been elected 
 alderman, to vote for the other alderman, but this is very doubtful. 
 
 (d) The county councillors shall be elected for a term of three 
 years, and shall then retire together, and their places 
 shall be filled by a new election ; and 
 
 In this respect the election of county councillors differs from that of borough 
 councillors, of whom one-third go out of office in each year. See the 
 Municipal Corporations Act, 1882, section 13, post. 
 
51 d¢ 62 Vict, c. 41. 
 
 (e) The divisions of the county for the purpose of the election 
 of county councillors, shall be called electoral divisions 
 and not wards, and one county councillor only shall be 
 elected for each electoral division : 
 
 When a borough is divided into wards, the number of councillors assigned 
 to each ward must be, three or a multiple of three, so as to admit of the 
 retirement of one-third in each year. In a county one councillor only is to be 
 returned for each electoral division. In certain cases the Local Government 
 Board have power to permit more than one councillor to be returned for a 
 division at the first election. See section 108, sub-section (2), 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 apportion- 
 ment 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 ; and 
 
 The Local Government Board are to determine the number of the councillors 
 for each county, and to apportion them between boroughs having sufficient 
 population to return one or more members and the rest of the county. This 
 has already been done. 
 
 (b) Any borough returning one councillor only shall be an 
 electoral division ; and 
 
 (c) In the rest of the duende the electoral divisions shall be such 
 as in the case of a borough returning more than one 
 councillor to 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 first, 
 to any alterations made, in accordance with the said 
 directions, in manner in this Act mentioned : 
 
 Where the Local Government Board assign one councillor to a borough 
 that borough is to be an electoral division; where they assign more than one, 
 - the council of the borough must divide the borough into electoral divisions. 
 The rest of the county is “to be divided by the quarter sessions. ‘he directions 
 
 for the constitution of electoral divisions are contained in section 51, post, and 
 the future alteration of the boundaries of electoral divisions is provided for by 
 section 54, post. 
 
 (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 the 
 Municipal Corporations Act, 1882, and the Acts amending 
 the same, and elsewhere the persons registered as county 
 electors under the County Electors Act, 1888 : 
 
 In a borough the electors will be the persons whose names are on the 
 
 B 2 
 
 8 
 Sect. 2, 
 
 SUB-S 
 
 45 & 46 
 Vict. c. 50. 
 
 51 & 52 
 Vict. c. 10. 
 
4 
 Sect. 2. 
 
 NOTE 
 SuB-S. 4. 
 
 Transfer 
 to county 
 council of 
 adminis- 
 trative 
 business 
 of quarter 
 sessions. 
 
 Local Government (England & Wales) Act, 1888. 
 
 burgess roll; in a county the electors will be the persons whose names are on 
 the roll of county electors. The persons who are qualified to be so enrolled 
 are described in the notes to section 9 of the Municipal Corporations Act, 1882, 
 post. 
 
 (5) As respects the chairman of the county council— 
 
 (a) He shall be called chairman, instead of mayor; and 
 
 As to the election of mayor, see the Municipal Corporations Act, 1882, 
 section 61, post. The chairman will not have such precedence in the county 
 
 as the mayor has in a borough, for section 15, sub-section (5), of the Municipal 
 Corporations Act, 1882, is not to apply to him. See section 75, sub-section 
 
 (16) (0), post. 
 
 (b) He shall, by virtue of his office, be a justice of the peace for 
 the county ; 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. 
 
 The oaths required by law to be taken by a justice other than the oath 
 of qualification, are the oath of allegiance and the judicial oath. See 31 & 32 
 Vict. c. 72, s. 6; 84 & 35 Vict. c. 48. The chairman is to be selected from 
 among the aldermen or councillors or persons qualified to be such, and it will 
 be seen from the notes to section 9 of the Municipal Corporations Act, 1882, 
 post, that a person may be qualified to be a councillor without possessing any 
 property qualification. 
 
 (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, subject to any rules made from time 
 to time by the county council, anything authorised or required to 
 be done by, to, or before the chairman may be done by, to, or 
 
 before such vice-chairman. 
 
 The term of office of the chairman is one year. See section 15 of the 
 Municipal Corporations Act, 1882, post. 
 
 This provision presumably supersedes section 16 of the Municipal Corpora- 
 tions Act, 1882, which enables the mayor to appoint a deputy. 
 
 Powers of County Council. 
 
 3. There shall be transferred to the council of each county 
 on and after the appointed day, the administrative business of the 
 justices of the county in quarter sessions assembled, that is to say, 
 all business done by the quarter sessions or any committee appointed 
 by the quarter sessions, in respect of the several matters following, 
 namely,— 
 
 The appointed day is defined by section 109, post. 
 
 Section 28, post, provides that the council shall have, as respects business 
 transferred to them from quarter sessions, the same powers, &c., as the quarter 
 sessions or any committee thereof had or were subject to. The same section 
 enables the county council to delegate their powers and duties to committees or 
 
 district councils, and in some cases to justices in petty sessions, but this is not 
 to include the power to make a rate or loan. 
 
51 & 52 Vict. ec. 41. 
 
 5 
 
 (i.) The making, assessing, and levying of county, police, hun- Sect. 3. 
 
 dred, and all rates, and the application 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 ; 
 
 County rate. 
 
 By the County Rate Act, 1852, 15 & 16 Vict. c. 81,8. 2, it is provided that 
 the justices in quarter sessions in every county shall from time to time appoint 
 any number of justices not exceeding eleven, nor less than five, to be a com- 
 mittee for preparing a basis or standard to be founded and prepared rateably 
 and equally according to the full and fair annual value of the property rate- 
 able to the relief of the poor in every parish, township, borough, or place, 
 whether parochial or extra-parochial within the respective limits of the said 
 justices’ commissions, or which in any place within such limits not maintaining 
 its own poor, would be liable to be rated if such last-mentioned place were a 
 parish, or of altering or amending such basis or standard from time to time as 
 circumstances may require: provided that in counties containing more than 
 eleven petty sessional divisions the committee may be extended to the actual 
 number of divisions, so that one justice from each division may be selected to 
 act on the committee. It will in future be necessary for the county council to 
 appoint a county rate committee under the above section. The committee 
 must not be less than five in number, and it may number eleven, or, if there are 
 more than eleven petty sessional divisions, as many as there are divisions. In 
 the latter case it will apparently still be necessary to see that each division is 
 represented on the committee. On the section just quoted it has been decided 
 that tenants in ancient demesne are liable to pay county rates, as they are 
 liable for poor rates, though they are exempt from taxes and tollages granted 
 by Parliament to the Crown. eg. v. Aylesford (Inhabitants of), 2 HK. & K. 
 538; 29 L. J. M,C. 83; 25 J. P. 534. It has also been held that in a valua- 
 tion under the section all property, whether occupied or not, must be included. 
 Reg. v. Hammersmith, 7 W. R.524; 33 L. T. 183; 24 J. P. 387 (followed in 
 Reg. v. Malden, L. R. 4 Q. B. 326; 38 L. J. M. C. 125; 33 J. P. 645.) The 
 county council will also make the county rate upon all parishes and places 
 liable to contribute to it, the proportion payable by each place being regulated 
 by the basis or standard prepared and revised from time to time by the com- 
 mittee and confirmed by the council. The rate is levied by precepts addressed 
 to the guardians requiring them to pay to the county treasurer the sums due 
 from each parish in their union, and the guardians obtain these sums from 
 the overseers in the same manner as money for the relief of the poor. 
 
 Police rate. 
 
 This rate is made pursuant to 3 & 4 Vict. c. 88, s. 3, for the purpose of 
 defraying the expenses of the county police. It is made on the same basis as 
 the county rate, and is levied with it. The same Act provides for the raising 
 of the proportion of the county rate payable by detached parts of other counties 
 and by liberties. Such detached portions are by 7 & 8 Vict. c. 61,8. 1, to be 
 deemed to form part of the county for which they form parts for the purposes 
 of parliamentary elections; and justices had power under 3 & 4 Vict. c. 88, 
 s. 2,and 21 & 22 Vict. c. 68, s. 1, to transfer detached portions from one 
 county to another for the purposes of police. Section 50, sub-section (1), post, 
 contains a saving for such transfers which will in future be effected by county 
 councils, Liberties are for the future to be merged in the administrative 
 county. See section 48, post, which contains provisions as to the police in 
 such liberties, 
 
 It should be observed that though the control and management of the police 
 is to be entrusted to the standing joint committee under section 10, post, the 
 police rates will be made by the council. 
 
 SuB-S. I, 
 
6 
 
 Sect. 3. 
 NOTE 
 SuB-S. 1. 
 
 Local Government (England & Wales) Act, 1888. 
 
 The hundred rate used to be levied for the purpose of making good com- 
 pensation for damage by riot pursuant to 7 & 8 Geo. 4, c. 31, and 2 &3 Will. 4, » 
 c. 72. These Acts are now repealed, and such compensation is payable out of 
 the police rate of the district in which the damage was done. See the Riot 
 (Damages) Act, 1886, infra. A hundred rate may also be levied for the 
 purposes of certain main roads and bridges under section 20 of the Highway 
 Act, 1878, the text of which is set out in the notes to section 11, sub-section 
 (13), post. 
 
 The application and expenditure of these rates will devolve upon the county 
 council. As to the making of orders for the payment of sums out of the 
 county fund (to which all receipts of the county council are to be carried), 
 see section 68, which also contains provisions for the raising of county con- 
 tributions. The powers to make a rate cannot be delegated. See section 28, 
 sub-section (3), post. 
 
 (i.) The borrowing of money ; 
 
 The borrowing of money by the county council is regulated by section 69, 
 post. In the notes to that section will be found a list of the principal purposes 
 for which money may be borrowed. 
 
 The power of borrowing must be exercised by the council and cannot be 
 delegated. See section 28, sub-section (3), post. 
 
 (iii.) The passing of the accounts of and the discharge of the 
 county treasurer ; 
 
 The duty of the county treasurer to account for sums received and paid by 
 him is regulated by 12 Geo. 2, c. 29, and 15 & 16 Vict. c. 81,8. 50. By the 
 first of these Acts the treasurer must deliver accounts upon oath with 
 vouchers, and when these have been passed by the county council they must 
 be deposited with the clerk of the council and by him kept among the records 
 of the county. The Act also provides for the discharge of the treasurer. 
 
 (iv.) Shire halls, county halls, assize courts, judges’ lodgings, 
 lock-up houses, court houses, justices’ rooms, police 
 stations, and county buildings, 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 committee of quarter sessions and the county 
 council ; 
 
 A shire hall, county hall, or other building, lodgings for Her Majesty’s 
 judges, may be purchased, built, or repaired under 7 Geo. 4, ¢. 63. The 
 provisions of that Act are extended by 7 Will. 4, and 1 Vict. c. 24, to the 
 building, altering, and repairing of any shire hall or county hall, or any 
 building used partially as a town hall, in cases where assizes and sessions 
 have been held in a town hall not belonging exclusively to the county. The 
 same Act enables shire halls, &c., to be purchased when the assize town is 
 changed, or to be hired. These Acts are amended by 10 & 11 Vict. c. 28, 
 and by 40 & 41 Vict. c. 21, s. 49. The provisions of 7 Geo. 4, c. 63, are 
 also extended by 2 & 3 Vict. c, 69, in respect of the purchase, &c., of judges’ 
 lodgings. 
 
 Lock-up houses are provided for counties under 5 & 6 Vict. c. 109, 8. 22, and — 
 for two or more counties or boroughs jointly under 11 & 12 Vict. c. 101, and 
 31 & 82 Vict. c. 22, s. 10. The Act last referred to enables counties and 
 boroughs to contract for the reception in lock-up houses of persons belonging 
 
51 & 52 Vict. c. 41. 
 
 to another jurisdiction. Under 28 & 29 Vict. c. 126, s. 71, certain discon- 
 tinued prisons may be used as lock-up houses. 
 
 Petty sessional court-houses are provided in counties and boroughs under 
 12 & 13 Vict. c. 18; 31 & 32 Vict. c. 22; 42 & 43 Vict. c. 49, 8. 30; 47 & 48 
 Vict. c. 43, s. 8. 
 
 Police stations are provided under 3 & 4 Vict. c. 88, and if unneceesary, may 
 be disposed of under 19 & 20 Vict. c. 69, s. 24, which extends to them the 
 provisions of 7 Geo. 4, c. 18, under which unnecessary prisons might be 
 disposed of. 
 
 As to the use of county buildings by sessions and justices, see section 30, 
 post, which relates to the powers of the standing joint committee: section 64, 
 which vests existing county buildingsin the county council: and section 65, 
 which enables the council to acquire, &c., such halls, buildings, or offices as 
 they may from time to time require, whether within or without their county. 
 
 (v.) The licensing under any general Act of houses and other 
 places for music or for dancing, and the granting of 
 licenses under the Racecourses Licensing Act, 1879 ; 
 
 There is only one general Act relating to music and dancing licenses, and 
 that is local in its operation. The Act in question is the 25 Geo. 2, c. 36, 
 s. 2, which provides that any house, room, garden, or other place kept for 
 public dancing, music, or other public entertainment of the like kind, kept in 
 the cities of London and Westminster, or within 20 miles thereof, without a 
 license had for that purpose from the county council, who are thereby autho- 
 rised and empowered to grant such license as they in their discretion shall 
 think proper, shall be deemed a disorderly house or place. 
 
 The Racecourses Licensing Act (1879), 42 & 43 Vict. c. 18, provides that it 
 shall not be lawful that any horse race be held or take place within a radius 
 of 10 miles from Charing Cross, unless within a place for which a license for 
 horse racing has been obtained. The power and duty of granting licenses 
 under this Act will now devolve on the county councils in the metropolitan 
 area, 
 
 (vi.) The provision, enlargement, maintenance, management, 
 and visitation of and other dealing with asylums for 
 pauper lunatics ; 
 
 Lunatic asylums are provided for counties and boroughs under 16 & 17 Vict. 
 ec. 97, and a large number of subsequent statutes for which the reader is 
 referred to Ar'chbold’s Law of Lunacy. Visiting committees are appointed 
 under 16 & 17 Vict. c. 97, ss. 21-28, 44, 130, and 18 & 19 Vict. c. 105, s. 15. 
 
 It should be observed that the text deals only with pauper lunatics. The 
 Act does not affect the powers of justices as visitors of private lunatic 
 asylums under 8 & 9 Vict. c. 100. 
 
 (vii.) The establishment and maintenance of and the contribution 
 to reformatory and industrial schools ; 
 
 The Acts relating to reformatories and industrial schools, so far as here 
 material, are the 29 & 30 Vict. cc. 117, 118. Under these Acts a prison 
 authority may contract with the managers of a certified reformatory school, or 
 of an industrial school, for the reception and maintenance therein of offenders 
 whose detention is ordered by quarter sessions or justices. Such an authority 
 may contribute towards the alteration, enlargement, or rebuilding of such a 
 school, or towards the support of the inmates, or towards its management, or 
 towards its building, &c., with the approval of a Secretary of State. By 
 
 7 
 Sect. 3. 
 
 NOTE 
 SuB-S. 4. 
 
 42 & 43 
 Vict. c. 18. 
 
41 & 42 
 Wiel. Cais 
 
 Local Government (England & Wales) Act, 1888. 
 
 35 & 36 Vict. c. 21, a prison authority are empowered themselves to undertake 
 anything towards which they may contribute under the Act first mentioned. 
 The county council will now have the powers of a prison authority. It should 
 be stated that Bills are now before Parliament for the consolidation and 
 amendment of the Acts relating to reformatory and industrial schools. 
 
 (vill.) Bridges and roads repairable with bridges, and any powers 
 vested by the Highways and Locomotives (Amendment) 
 Act, 1878, in the county authority ; 
 
 By the Statute of Bridges, 22 Hen. 8, c. 5, it was provided that all public 
 bridges, with the highway for a distance of 300 feet from each end of the 
 bridge, should be repaired by the quarter sessions. This applied to every 
 public bridge in the county, the power and duties of the justices being regu- 
 lated by the Act already mentioned, and by 1 Anne, stat. 1, c. 18, and 12 
 Geo. 2,c. 29. Power to widen, improve, and alter the situation of county 
 bridges is given by 14 Geo. 2, c. 33; 43 Geo. 3, c. 59; 52 Geo. 8, c. 110; 54 
 Geo. 3, c. 90; 55 Geo. 3, c. 143; 5 & 6 Will. 4, c. 50, ss. 21,22; 4 & 5 Vict. 
 c. 49, &e. By the 43 Geo. 3, c. 59, it is provided that no bridge thereafter to 
 be erected by any private person or body corporate should be deemed to be a 
 county bridge repairable by the county unless it were erected under the 
 direction or to the satisfaction of the county surveyor. By 5 & 6 Will. 4, 
 c. 50, 8. 21, if any bridge be built after 1836, which is or shall be repairable by 
 the county, all highways leading to, passing over, and next adjoining to such 
 bridge, are to be repaired by the parish, &c., previously bound to repair them. 
 By 33 & 34 Vict. c. 73, s. 12, where a turnpike road shall have become an 
 ordinary highway, all bridges previously repaired by the turnpike trustees are 
 to become county bridges, and kept in repair accordingly; but such bridges 
 are to be deemed to have been erected subsequently to the 5 & 6 Will. 4, c. 50. 
 By the 41 & 42 Vict. c. 77, s. 21, any bridge erected before 1878, in any 
 county, without such superintendence as is required by 43 Geo. 3, c. 59, and 
 which is certified by the county surveyor or other person appointed in that 
 behalf by the county authority to be in good repair and condition, shall, if the 
 county authority think fit so to order, become and be deemed to be a bridge 
 which the inhabitants of the county shall be liable to maintain and repair. 
 By section 22 of the same Act the county authority may make such contri- 
 butions towards the cost of any bridge to be thereafter erected, after the same 
 has been certified in accordance with the provisions of 43 Geo. 3, c. 59, as a 
 proper bridge to be maintained by the inhabitants of the county; so always 
 that such contribution shall not exceed one-half the cost of erecting such 
 bridge. By 43 & 44 Vict. c. 5, the county authority may borrow on mortgage’ 
 of the county rate for the purpose of contributing towards the cost of a bridge 
 under section 22 of the 41 & 42 Vict.c. 77. By 44 & 45 Vict. c. 14, county 
 authorities in South Wales were enabled to take over and contribute towards 
 certain bridges. These are the principal enactments relating to’ county 
 bridges, and they will henceforth: be administered by the county council. By 
 section 6 of this Act, post, the county council have power to purchase or take 
 a existing bridges, not being at present county bridges, and to erect new 
 
 ridges. 
 
 The 41 & 42 Vict. c. 77, confers the following powers upon a county 
 authority, and these powers are now transferred to the county council:— 
 Investing rural sanitary authorities with powers of highway boards in certain 
 cases, sections 3,5; approving the division of districts for the purpose of 
 charging each with the cost of its own highways, section 7; enforcing 
 performance of duty by defaulting highway authority, section 10; declaring 
 highway to be a main road, section 15; reducing main road to status of 
 ordinary highway, section 16; directing form of accounts for maintenance of 
 main roads, section 18 ; power to declare main roads repairable by the hundred 
 in certain cases, section 20; accepting bridges as county bridges, section 21 ; 
 
51 ¢ 52 Vict. c. 41. 
 
 contributing towards the cost of erecting county bridges, section 22 ; reviving 
 liability to repair highways discontinued as unnecessary, section 24 ; making 
 bye-laws, section 26; authorising use of locomotives of certain sizes and 
 weights, section 28; making bye-laws as to hours for use of locomotives, 
 section 31; licensing locomotives, section 32. 
 
 (ix.) The table 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 ; 
 
 By the Weights and Measures Act, 1878, 41 & 42 Vict. c. 49, s. 47, inspectors 
 of weights and measures are to take the fees fixed by the county authority, not 
 exceeding the fees mentioned in the schedule to that Act, and to account for 
 them to the county authority. That authority will in future be the county 
 council (see infra). The analyst is appointed under the Sale of Food and 
 Drugs Act, 1875, 38 & 39 Vict. c. 63, s. 10, but the Act is silent as to any 
 table of fees or costs, as the cost of analysis of any article of food or drug is 
 fixed by section 12. It is doubtful whether a parish constable is an officer 
 holding office in the county, but it is submitted that he is, and that the 
 county council must fix the fees and allowances payable to such constables 
 under 5 & 6 Vict. c. 109, s. 17; 13 & 14 Vict. c. 20, 8. 2; 35 & 36 Vict. c. 92, 
 
 s.11. For the fees payable to inspectors of gas meters, see 22 & 23 Vict. 
 c. 66, 8, 4. 
 
 (x.) The appointment, removal, and determination of salaries, 
 of the county treasurer, the county surveyor, the public 
 
 9 
 Sect. 3. 
 
 NOTE 
 SuB-S. 8. 
 
 analysts, any officer under the Explosives Act, 1875, and 38 & 39 
 
 any officers whose remuneration is paid out of the county 
 rate other than the clerk of the peace and the clerks of 
 the justices ; 
 
 The county treasurer is appointed pursuant to 12 Geo. 2, c. 29, s. 6. He 
 must give security under that Act to be accountable for the moneys paid to 
 him. He is removable at pleasure (id. s.11). His remuneration is in the 
 discretion of the council. 55 Geo. 3, c. 51, s. 17. 
 
 The county surveyor is not appointed pursuant to any statute, though by the 
 Statute of Bridges, 22 Hen. 8, c. 5, s. 3, justices are empowered to appoint 
 surveyors for the repair of bridges. The county surveyor is also referred to 
 in other statutes, such as those relating to highways, but none of those Acts 
 refer to his appointment or remuneration. 
 
 The public analysts are appointed under 38 & 39 Vict. c. 63, s, 10, at such 
 rates of remuneration as may be agreed upon. See section 39, post, as to 
 analysts in the smaller boroughs. 
 
 The county council will in future be the local authority for the administra- 
 tion of the Explosives Act, 1875, 38 & 39 Vict. c. 17 (see section 7, post), and 
 it will be necessary for them to appoint officers under that Act. But the 
 provision in the text relates to the powers of quarter sessions, and the officer 
 here referred to as being appointed by quarter sessions is a person whose duty 
 it is to inspect any wharf, carriage, boat, &c., having explosives in transitu. 
 See section 75 of the Act. 
 
 The other officers referred to in the section include clerks and servants 
 necessarily employed with reference to county business and in county offices. 
 
 (xi.) The salary of any coroner whose salary is payable out of 
 the county rate, the fees, allowances, and disbursements 
 
 Vict. c. 17. 
 
10 
 
 Sect. 3. 
 SUB-S. 11. 
 
 32 & 33 
 Vict. c. 49, 
 
 Local Government (England & Wales) Act, 1888. 
 
 allowed to be paid by any such coroner, and the division 
 of the county into coroners’ districts, and the assignment 
 of such districts ; 
 
 All county coroners are paid out of the county rate. 23 & 24 Vict. c. 116, 
 s. 4, provides for the payment of the coroner’s salary, and its revision from 
 time to time, having regard to the number of inquests held. By the Coroners 
 Act, 1887, 50 & 51 Vict. c. 71, s. 25, as applied by this Act, the county 
 council may from time to time make, vary, and alter a schedule of fees, 
 allowances, and disbursements, which, on the holding of an inquest, may 
 lawfully be paid and made by the coroner holding such inquest (other than 
 the fees payable to medical witnesses in pursuance of that Act). By section 
 27 of the same Act every coroner is required within four months after holding 
 an inquest to lay their accounts of all sums paid by them before the county 
 council. 
 
 Districts are assigned to coroners under 7 & 8 Vict. c. 92, s. 5, as amended 
 by this Act. See sections 5, 38, 39, 114, post. 
 
 The provisions in the text do not apply to county boroughs. See section 34, 
 post. 
 
 (xil.) The division of the county into polling districts for the 
 purposes of parliamentary elections, the appointment of 
 places of election, 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 ; 
 
 It will be the duty of a county council, under 30 & 81 Vict. c. 102, s. 34, to 
 divide their county into polling districts, and assign to each district a polling 
 place in such manner, as far as practicable, to enable each voter to have a 
 polling place within a convenient distance of his residence . . . and to 
 name the polling places at which the revising barristers are to hold their 
 courts. This power may be exercised from time to time as may be found 
 necessary, 31 & 32 Vict. c. 58,8. 18. See also 35 & 36 Vict. c. 33, 8.5; 46 & 47 
 Vict.c. 51, 8.47; 48 & 49 Vict.c. 15, 88,4, 13. And see as to county boroughs, 
 section 34, sub-section (6), post. 
 
 As to the expenses and remuneration of clerks of the peace, town clerks, 
 returning officers, overseers, relieving officers, &c., in connection with the 
 registration of voters, see 6 & 7 Vict. c. 18, ss. 54, 55,57; 80 & 31 Vict. c. 102, 
 s. 31; 31 & 32 Vict. c. 58, ss. 23, 31, 32; 41 & 42 Vict. c. 26, s. 30; 48 & 49 
 Vict. c. 15, ss. 8, 14; 51 Vict. c. 10, ss. 8, 9, 11. 
 
 It is impossible in the space at disposal in a work of this kind to do more 
 than enumerate the statutory provisions, for full details respecting which the 
 reader is referred to Messrs, Mackenzie and Lushington’s recent work on the 
 Registration of Voters. 
 
 (xiii.) The execution as local authority of the Acts relating to 
 contagious diseases of animals, to destructive insects, 
 to fish conservancy, to wild birds, to weights and 
 measures, and to gas meters, and of the Local Stamp 
 Act, 1869 ; 
 
 The Contagious Diseases (Animals) Acts are 41 & 42 Vict. c. 74; 47 & 48 
 
 Vict. c. 13; 47 & 48 Vict. c. 47; 49 & 50 Vict. c. 32. It is provided by 
 section 39, post, that nothing in that section shall transfer to the county 
 
51 & 52 Vict. c. 41. 11 
 
 council any powers, duties, or liabilities under section 34 of the 41 & 42 Vict. Sect. 3. 
 c, 74, as amended by section 9 of the 49 & 50 Vict. c. 32. This provision is , NOTE 
 explained in the note to section 39, post. Certain transitory provisions as to SUB-S. 13. 
 the Contagious Diseases (Animals) Acts are contained in section 112, post. rr 
 The Destructive Insects Act is the 40 & 41 Vict. c. 68. Under it the county 
 council as local authority might be ordered by the Privy Council to make 
 compensation for any crops removed or destroyed for the purpose of preventing 
 the spreading of destructive insects. 
 Conservators of rivers will in future be appointed by the county council 
 under 24 & 25 Vict. c. 109, s. 33; 28 & 29 Vict. c. 121, ss. 4 to 19; 36 & 37 
 Vict. c. 71, ss. 9, 10, 26 to 33; 41 & 42 Vict. c. 39, 8. 6; 47 & 48 Vict. c. 11, 
 
 8. 2. 
 
 By the Wild Birds Protection Act, 1880, 43 & 44 Vict. c. 35, s, 8, a Secretary 
 of State may upon application by the (county council) extend or vary the 
 time during which the killing and taking of wild birds or any of them is 
 prohibited by that Act. The Act is amended by 44 & 45 Vict. c. 51, but that 
 Act does not confer any additional power on the county council. ; 
 
 Under the Weights and Measures Act, 1878, 41 & 42 Vict. c. 49,8. 40, it 
 will be the duty of the county council, as local authority, to provide local 
 standards of weights and measures, and fix the places at which the standards 
 are to be deposited. They must also provide proper means for verifying 
 weights and measures by comparison with the local standards, and for stamping 
 the weights and measures so verified. The expenses of executing the Act are 
 payable out of the county rate. Two or more county councils may combine 
 as regards either the whole or any part of the areas within their jurisdiction 
 for all or any of the purposes of the Act upon such terms and in such manner 
 as may be from time to time mutually agreed upon. The county council may 
 under section 53 make bye-laws as to the local verification of weights and 
 measures. The county council will also appoint an inspector under section 43, 
 and fix the times and places at which he is to attend; and they are, under 
 section 47, to fix the fees he is to take (see ix. supra). By section 39, post, in 
 the boroughs having a population of less than 10,000, such boroughs are, for 
 the purposes of the Weights and Measures Acts, to form part of the county. 
 
 The Acts relating to gas meters are 22 & 23 Vict. c. 66, and 23 & 24 Vict. 
 c. 146. By these Acts models of gas holders measuring the cubic foot are 
 to be deposited with the (county council) at such places as they shall direct. 
 The council are also to appoint inspectors. The expenses are to be paid out of 
 the county rates. By section 39, post, smaller boroughs are to form part of the 
 county for the purposes of these Acts. 
 
 The Local Stamp Act is the 32 & 33 Vict. c. 49. It provides that when all 
 the clerks of petty and special sessions and justices within a county are paid 
 by salary, the (county council) may order that all fees and penalties payable 
 to the treasurer be paid and received by stamps. The expenses of the Act are 
 to be defrayed out of the county rate. 
 
 (xiv.) Any matters arising under the Riot (Damages) Act, 1886 ; 49 & 50 
 Vict. c, 38, 
 The county council will succeed to the powers and duties of the quarter 
 sessions under the Riot (Damages) Act, 1886, 49 & 50 Vict. c. 38. Com- 
 pensation payable under that Act to any person whose property has been 
 injured, stolen, or destroyed by rioters will be paid by the council out of the 
 police rate. 
 -~ These matters will not be transferred to the council of the county of London. 
 See section 93, sub-section (2), post. 
 
 (xv.) The registration of rules of scientific societies under the 
 Act of the session of the sixth and seventh years of the 
 reign of Her present Majesty, chapter thirty-six; the 
 
12 
 
 Sect. 3. 
 SUB-S. 15. 
 
 Transfer 
 of certain 
 powers 
 under local 
 Acts, 
 
 Local Government (England é Wales) Act, 1888. 
 
 registration of charitable gifts under the Act of the 
 session of the fifty-second year of the reign of George 
 the Third, chapter one hundred and two; the certifying 
 and recording of places of religious 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 hundred 
 and ten; and 
 
 The 6 & 7 Vict. c. 36, is the Act under which scientific and literary societies 
 are entitled to exemption from payment of rates. In order to entitle any 
 society to exemption under the Act a copy of its rules must be submitted to 
 the barrister appointed to certify the rules of friendly societies, who inquires 
 and certifies whether the society is within the Act. His certificate, given upon 
 the copy of the rules, is afterwards affirmed and allowed by the (county council) 
 and filed by the clerk of the (council). 
 
 The 52 Geo. 3, c. 102, provides that a memorial or statement of the real and 
 personal estate, and of the income, investment, and objects of all charities and 
 charitable donations for the benefit of the poor or other persons in England 
 and Wales, together with the names of the founders, the names of the persons 
 possessing the deeds, wills, or other instruments by which the charities were 
 founded, and the names of the trustees shall, within 12 months after execu- 
 tion of such deeds, wills, &c., be registered in the office of the clerk of the 
 (council). 
 
 The 52 Geo. 3, c. 155, s. 1, provides that no congregation or assembly for 
 religious worship of Protestants (at which there shall be present more than 
 twenty persons besides the immediate family and servants of the person in 
 whose house or upon whose premises such meeting, assembly, or congregation 
 shall be held) shall be permitted or allowed, if the same shall not have been 
 duly certified to the bishop of the diocese, or to the archdeacon, or to the 
 (county council). It should be observed, however, that these places may 
 now be registered and recorded by the Registrar-General, and in these cases 
 Beste not be registered under the 52 Geo. 3, ¢. 155 (see 18 & 19 Vict. 
 c. 81). 
 
 By the 3 & 4 Vict. c. 110, s. 4, it is provided that copies of the rules of every 
 loan society are to be submitted to the barrister appointed to certify the rules 
 of savings banks, who is to certify whether such rules are calculated to carry 
 into effect the intention of the parties framing the same and in conformity 
 with law, and a transcript as certified is to be sent to the clerk of the peace 
 and allowed and confirmed by the (county council). 
 
 (xvi.) Any other business transferred by this Act. 
 
 See Part IL., post. 
 
 For the general provisions as to powers transferred to county councils, see 
 sections 28, 29, post. 
 
 4, Where it appears to the Local Government 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 transferred to county 
 councils by this Act, or relate to property transferred to a county 
 
51 ¢ 52 Vict. c, 41. 
 
 18 
 
 council by this Act, the Board may, if they think fit, make a Sect. 4, 
 
 Provisional Order for transferring such powers, duties, and 
 liabilities to the county council. 
 
 This section provides for the transfer to county councils of powers, duties, 
 and liabilities similar to those transferred by the last section where these 
 depend on local Acts, or which relate to property transferred to a county 
 council by this Act. A transfer under this section is to be effected by 
 Provisional Order of the Local Government Board. As to the making of a 
 Provisional Order, see section 87, post. 
 
 5, (1) After the appointed day a coroner for a county shall not 
 
 Appoint- 
 
 be elected by the freeholders of the county, and on any vacancy ¢oroners 
 occurring in the office of a coroner for a county, who is elected to by county 
 
 that office in pursuance of a writ de coronatore eligendo, a like wri 
 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 fill 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 entitled to like remuneration, as if he had been elected 
 coroner for the county by the freeholders thereof. 
 
 For the meaning of the phrase “appointed day,” see section 109, post. 
 
 Hitherto the county coroner has been elected by the freeholders of the 
 
 county. <A writ de coronatore eligendo was issued to the sheriff, who there- 
 upon held an election. See the sections of the Coroners Act, 1887, 50 & 51 
 Vict. c. 71, repealed by sub-section (6), infra. The writ will now be directed 
 to the county council. 
 * As an alderman or councillor may not be appointed, a member of the council 
 must resign if he desires to become a candidate for the coronership. This will 
 involve payment of the usual fine under the Municipal Corporations Act, 1882, 
 8. 36, post. 
 
 The duty of assigning coroners’ districts devolves upon the county councils 
 under section 3 (xi.), ante. See further as to coroners’ districts sub-section (3), 
 énfra, and section 114 as to coroners’ districts situate in the county of London. 
 The area of a borough with a population under 10,000 is to be subject to the 
 authority of the county coroner, and may be annexed by the county council to 
 a coroner’s district of the county. See section 388, post. 
 
 (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. 
 
 For the definition of “administrative county,” see section 100, post. 
 The case of a district extending into two administrative counties is provided 
 for by the next sub-section. 
 
 (3) Where the district of any such coroner is situate partly in 
 one and partly in another administrative county forming part of 
 an entire county, the joint committee for the entire county may 
 
 Cc il, 
 t ouncil 
 
14 
 
 Sect. 5. 
 SUB-S. 3 
 
 — 
 
 50 & 51 
 Vict. 
 Coad 
 
 Local Government (England & Wales) Act, 1888. 
 
 arrange for the alteration in manner provided by law of the 
 district, so that, on the next avoidance of the office of coroner of 
 that district, or at any earlier time fixed by the joint committee 
 when the alteration is made, the coroners’ district shall not be 
 situate in more than one administrative county. 
 
 The joint committee here referred to is the committee of the two county 
 councils appointed under section 46, post. 
 
 The manner provided by law is by petition to Her Majesty praying that an 
 alteration be made in the division of the county into coroners’ districts. 
 Notice of the petition is given to the coroners of the county. If the divisions 
 are altered to the prejudice of any of the coroners, compensation must be paid 
 to him. 7 & 8 Vict. c. 92. The alteration may take effect on the next 
 avoidance of the office of coroner of the district, or at an earlier period fixed 
 by the council. 
 
 (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. 
 
 As to the joint committee and their expenses, see section 46, ost. As to the 
 salary, fees, and expenses of the coroner, see the note to section 3 (xi.), ante. 
 
 (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 coronatore 
 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. 
 
 Though a coroner has a district assigned to him, he is nevertheless coroner 
 for the entire county. See 7 & 8 Vict. c. 92,8. 19. 
 
 A coroner is chosen for life, but he may be removed either by being made 
 sheriff or chosen verderer, which are offices incompatible with that of coroner, 
 or by the writ de coronatore exonerando for a cause to be therein assigned, as 
 that he is engaged in other business, is incapacitated by years or sickness, 
 hath not a sufficient estate in the county, or lives in an inconvenient part of 
 it. Fitz. N. B. 163, 184; 2 Inst. 132. By the Coroners Act, 1887, 50 & 51 
 Vict. c. 71, s. 8, the LORD CHANCELLOR may remove any coroner for inability 
 or misbehaviour in the discharge of his duty. By the same section a coroner 
 who is guilty of extortion, or of corruption, or of wilful neglect of his duty, 
 or of misbehaviour in the discharge of his duty, shall be guilty of a misde- 
 meanor, aud, in addition to any other punishment, may, unless his office of 
 coroner is annexed to any other office, be adjudged by the court before whom 
 he is so convicted to be removed from his office. By section 10 a coroner shall 
 not by himself or his partner, directly or indirectly, act as solicitor in the 
 prosecution or defence of a person for an offence for which such person is 
 charged by an inquisition taken before him as coroner, whether such person is 
 tried on that inquisition or on any bill of indictment found by a grand juey. 
 If a coroner acts in contravention of this section he shall be deemed guilty of 
 misbehaviour in the discharge of his duty. 
 
 (6) Sections eleven and fourteen and the First Schedule of the 
 Coroners Act, 1887, and any other enactment relating to the - 
 
51 ¢ 52 Vict. c. 41. 15 
 
 election of a coroner for a county by the frecholders of such Sect, 5. 
 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. 
 
 For the meaning of the phrase “appointed day,” see section 109, post. 
 The repealed sections of the Coroners Act, 1887, are those which regulate 
 the election of a coroner by the freeholders. 
 
 (7) A person who holds the office of coroner shall not be qualified 
 to be elected as a county alderman or county councillor for the 
 county for which he is coroner. 
 
 By sub-section (1) a person who is an alderman or councillor may not be 
 elected coroner for the county. This sub-section provides that a county 
 coroner shall not be qualified to be elected an alderman or councillor. 
 
 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 omdee 
 present county bridges, and to erect new bridges, and to maintain, 
 repair, and improve any bridges so purchased, taken over or 
 erected. 
 
 In the note to section 3 (viii.) the public bridges which are not county 
 bridges have been mentioned. These will for the most part be bridges which 
 have been built since the passing of the 43 Geo. 3, c. 59, s. 5, and without 
 such superintendence as is provided by that section, and which have not been 
 taken over by the county under 41 & 42 Vict. c. 77,s. 21. Such bridges may 
 now be taken over on such terms as may be agreed upon, though it is not 
 quite clear who are to be the other parties to the agreement, unless it is some 
 person or local authority now liable to repair the bridges. In addition to 
 these bridges there are bridges built by private persons or bodies which have 
 never been dedicated to public use, though the public may have used them by 
 permission or on payment of toll. The county council may purchase or take 
 over such bridges on terms to be agreed on. 
 
 7, There shall be transferred to the county council on and after Transfer 
 
 the appointed day the business of the justices of the county out of 1 county 
 : council of 
 session— certain 
 
 (a) In respect of the licensing of houses or places for the public Mia 
 performance of stage plays, and out of 
 sess1on. 
 (6) In respect of the execution as local authority of the 
 
 Explosives Act, 1875. vice aT. 
 
 Houses or places for the performance of stage plays are licensed under 
 6 & 7 Vict. c. 68. The licenses have hitherto been granted by the justices of 
 a division in special sessions, the sessions being convened by the clerk. It will 
 be found difficult to apply such a provision to the county council, for it can 
 hardly be contemplated that a special meeting of the county council must be 
 called to hear an application for a theatre license, The difficulty will probably 
 
16 Local Government (England & Wales) Act, 1888. 
 
 Sect. 7. be avoided by delegating this duty to justices in petty sessions under sec- 
 NOTE. tion 28, post. 
 ames The Explosives Act, 1875, is the 38 & 39 Vict. c.17. Under that Act the 
 local authority have been the justices in petty sessions (except in the city of 
 London, the metropolis, boroughs, and harbours within the jurisdiction of 
 harbour authorities). In the metropolis the local authority was the Metro- 
 politan Board of Works, whose powers and duties are now transferred to the 
 London County Council. The duties of local authorities under the Act cannot 
 here be stated in detail. They relate to (1) the manufacture, (2) keeping, 
 (3) sale, (4) transport, and (5) importation of explosives; and they include 
 the granting of licenses and the registration of premises for the manufacture, 
 keeping, &c., of explosives. 
 It is provided by section 28, post, that the county council may delegate 
 their powers under the Act to any committee or district council, and they may 
 delegate their powers under the above-mentioned Acts to justices in petty 
 sessions. It is obvious that some such delegation will be necessary in the 
 above cases. 
 
 Reserva- 8. (1) Nothing in this Act shall transfer to a county council any 
 
 tion of : : Apes ; : 
 business to business of the quarter sessions or justices in relation to appeals by 
 
 quarter any overseers or persons against the basis or standard for the 
 Pipe county rate or against that or any other rate. ; 
 
 This sub-section reserves to quarter sessions their powers and duties of 
 hearing appeals against rates generally, and also appeals against the county 
 rate basis. It will be remembered that by section 3 (i.), ante, the duty of 
 preparing the basis is transferred to the county council. 
 
 (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. 
 
 This is a general reservation in respect of business not transferred to the 
 county council. It was really unnecessary, and was probably inserted ew 
 cautela. 
 
 Powersas 9, (1) The powers, duties, and liabilities of quarter sessions and 
 
 to police. of justices out of session with respect to the county police shall, on 
 and after the appointed day, vest in and attach to the quarter 
 sessions and the county council jointly, and be exercised and 
 discharged through the standing joint committee of the quarter 
 sessions and county council appointed as hereafter mentioned : 
 
 The Acts relating to county police are 2 & 3 Vict. c. 93 ; 3 & 4 Vict. c. 88; 
 7 & 8 Vict. c. 33; 19 & 20 Vict. c. 69; 20 Vict. c. 2; 21 & 22 Vict. c. 68 ; 
 22 & 23 Vict. c. 32; 28 Vict. c. 35. The duty of appointing the chief con- 
 stable and the general control of the police in counties, which has hitherto been 
 exercised by the county justices under these Acts, will now be exercised by the 
 standing joint committee appointed under section 30, post. 
 
 It should be observed that section 33, post, provides for the continuance of 
 one police force for any county borough or other borough and any county. 
 In the smaller boroughs the existing police forces are abolished by section 39, 
 post, which provides that for the purposes of the Acts relating to county police 
 such boroughs are to form part of the counties in which they are situated, 
 
51 d 52 Viet. c. 41. 17 
 
 (2) Provided that the powers conferred by section seven of the Sect. 9. 
 County and Borough Police Act, 1856, which requires constables bees 
 to perform, in addition to their ordinary duties, such duties con- 19 & 20 
 nected with the police as the quarter sessions may direct or Merk 
 require, shall continue to be exercised by the quarter sessions as 
 well as by the said standing joint committee, and may also be 
 exercised by the county council; and the said section shall be 
 construed as if the county council and the sai? standing joint 
 committee were therein mentioned as well as the quarter sessions. 
 
 The 19 & 20 Vict. c. 69, s. 7, provides that constables shall, in addition to 
 their ordinary duties, perform all such duties connected with the police in 
 their respective counties or boroughs as the justices in general or quarter 
 sessions assembled, or the watch committees of such respective counties or 
 boroughs, from time to time direct and require. Justices in general or 
 quarter sessions are still to retain their powers under this section, and the 
 same powers are extended to the standing joint committee appointed under 
 section 30, vost, and the county council. 
 
 (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 constables to obey 
 
 their lawful orders given in that behalf. 
 This provision was inserted for the purpose of continuing the existing 
 powers of justices as conservators of the peace to issue such orders as they 
 
 may think necessary to the police for the preservation of the peace, the 
 prevention of offences, and the apprehension of offenders. 
 
 10. (1) After the passing of this Act it shall be lawful for the Transfer 
 
 Local Government Board to make from time to time a Provisional ied 
 Order for transferring to county councils— powers of 
 
 (a) Any such powers, duties, and liabilities of Her Majesty’s esa 
 
 Privy Council, a Secretary of State, the Board of Trade, ment 
 
 the Local Government Board, or the Education Depart- beaters be 
 ment, or any other Government Department, as are other 
 conferred by or in pursuance of any statute and appear ee 
 
 to relate to matters arising within the county, and to be 
 
 of an administrative character: also 
 
 (b) Any such powers, duties, and liabilities arising within the 
 county, of any commissioners of sewers, conservators, or 
 other public body, corporate or unincorporate (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 
 0 
 
18 
 
 Local Government (England é Wales) Act, 1888. 
 
 Sect.10. appear to be expedient, and also such provisions as appear neces- 
 
 SUB-S.1 
 
 oes 
 
 sary or proper for carrying into effect such transfer, and for 
 that purpose may transfer any power vested in Her Majesty in 
 Council : 
 
 As to the making of Provisional Orders, see section 87, post. 
 Without attempting to give an exhaustive list of the powers of Government 
 Departments which might be transferred, the following are the principal of 
 
 such powers und duties:— 
 Privy Council.—Powers under the Contagious Diseases (Animals) Acts, the 
 
 Destructive Insects Act, &c. 
 Secretary of State.—Powers under the Artizans Dwellings Acts, Burial ' 
 
 Acts, &e. 
 
 Board of Trade.—Powers under the Pier and Harbour Acts, the Fishery 
 Acts, Electric Lighting Act, Gas and Waterworks Acts, Merchant Shipping 
 Acts, Tramway Acts, &c. 
 
 Local Government Board.—Powers under the Public Health Acts, Baths 
 and Washhouses Acts, Artizans Dwellings Acts, Highway Acts, Rivers Pollu- 
 
 tion Act, &c. 
 
 Education Department.—Powers under the Education Acts. 
 
 The powers transferred must be such as are conferred by or in pursuance of 
 a statute, and must be of an administrative (é.e. as distinguished from a 
 judicial) character. 
 
 The powers of public bodies conferred by statute, other than those expressly 
 excepted, may also be transferred by Provisional Order. The most important 
 of these are the powers of commissioners of sewers or drainage boards under 
 the Acts relating to the drainage of land. 
 
 It is anticipated that Provisional Orders willbe made under this section at 
 an early date. 
 
 (2) Provided that before any suck 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 Government Department, by such Secretary of State, Board, 
 or department, and approved, if it affects the powers, duties, or 
 liabilities of any commissioners, conservators, or body, corporate 
 or unincorporate, by such commissioners. conservators, or body ; 
 and every such Provisional Order shall be of no effect until it is 
 confirmed by Parliament. 
 
 This provision renders it necessary that the draft of the Order should be 
 perused and approved by the department or body whose powers are to be 
 transferred, and it makes such approval in effect a condition precedent to the 
 Order. 
 
 (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. 
 
 As to the appointment and powers of joint committees, see section 81, post. 
 
51 & 52 Vict. c. 41, 
 
 (4) The Act of Parliament confirming any Provisional Order 
 made under this section shall be a public general Act. 
 
 This provision enables an Order to be made altering the general law in the 
 district to which it relates. It has also the effect of preventing its being 
 treated for purposes of construction as a private or local Act. 
 
 11, (1) Every road in a county, which is for the time being a 
 main road within the meaning of the Highways and Locomotives 
 (Amendment) Act, 1878, inclusive of every bridge carrying such 
 road if repairable by the highway authority, 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 enlarge- 
 ment of, and other dealing with such road, shall have the same 
 powers and be subject to the same duties as a highway board, and 
 may further exercise any powers vested in the council for the 
 purpose of the maintenance and repair of bridges, and the enact- 
 ments relating to highways and bridges shall apply accordingly ; 
 and the county council shall have the same powers as a highway 
 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. 
 
 It is provided by the Highway Act, 1878, 41 & 42 Vict. c. 77, as follows :— 
 
 “Section 13. For the purposes of this Act and subject to its provisions, any 
 road which has, within the period between the thirty-first day of December, 
 one thousand eight hundred and seventy, and the date of the passing of this 
 Act, ceased to be a turnpike road, and any road which, being at the time of 
 the passing of this Act a turnpike road, may afterwards cease to be such, shall 
 be deemed to be a main road; and one half of the expenses incurred from and 
 after the twenty-ninth day of September, one thousand eight hundred and 
 seventy-eight, by the highway authority in the maintenance of such road, 
 shall, as to every part thereof which is within the limits of any highway area, 
 be paid to the highway authority of such area by the county authority of the 
 county in which such road is situate out of the county rate, on the certificate 
 of the surveyor of the county authority, or of such other person or persons as 
 the county authority may appoint, to the effect that such main road has been 
 maintained to his or their satisfaction. 
 
 “Provided that no part of such expenses shall be included in— 
 
 “(1) Any precept or warrant for the levying or collection of county rate 
 within the metropolis, subject and without prejudice to any pro- 
 vision to be hereinafter made; or 
 
 “(2) Any order made on the council of any borough having a separate 
 court of quarter sessions under section one hundred and seventeen 
 
 _ of the Municipal Corporations Act, 1835. 
 
 “ The term ‘expenses’ in this section shall mean the cost of repairs defrayed 
 out of current rates, and shall not include any repayment of principal moneys 
 borrowed, or of interest payable thereon. 
 
 o 2 
 
 19 
 
 Sect. 10. 
 Sus-S. 4. 
 
 Entire 
 mainten- 
 ance of 
 main 
 roads by 
 county 
 council 
 
 41 & 42 
 Vict. c. 77. 
 
20 
 Sect. ll. 
 
 NOTE 
 Sus-S. 1, 
 
 —— 
 
 Local Government (England é Wales) Act, 1888. 
 
 “Section 14, The following areas shall be deemed to be highway areas for 
 the purposes of this Act; (that is to say,) 
 
 “ (1) Urban sanitary districts; 
 “(2) Highway districts; 
 
 “(3) Highway parishes not included within any highway district or any 
 urban sanitary district. 
 
 ‘‘ Section 15. Where it appears to any highway authority that any highway 
 within their district ought to become a main road by reason of its being a 
 medium of communication between great towns, or a thoroughfare to a railway 
 station or otherwise, such highway authority may apply to the county autho- 
 rity for an order declaring such road, as to such parts as aforesaid, to be a main 
 road; and the county authority, if of opinion that there is probable cause for 
 the application, shall cause the road to be inspected, and if satisfied that it 
 ought to be a main road shall make an order accordingly. 
 
 “ A copy of the order so made shall be deposited at the office of the clerk of 
 the peace of the county, and shall be open to the inspection of persons interested 
 at all reasonable hours; and the order so made shall not be of any validity 
 unless and until it is confirmed by a further order of the county authority made 
 within a period of not more than six months after the making of the first- 
 mentioned order.” 
 
 The following cases have been decided on the foregoing sections:— 
 
 A provision in Turnpike Acts coming into operation before the 31st 
 December, 1870, that turnpike trustees shall not spend money or levy toll upon 
 certain portions of turnpike roads does not prevent such portions of the roads 
 from being still turnpike roads on the 31st December, 1870, within the meaning 
 of section 13 of the Highways and Locomotives (Amendment) Act, 1878. So 
 as to an agreement under the Local Government Act, 1858 (21 & 22 Vict. c. 98), 
 section 41, made before the 31st December, 1870, between turnpike trustees 
 and a corporation, under which the turnpikes upon certain portions of turnpike 
 roads were removed, and the repair of such portions was undertaken by the 
 corporation. West Riding JJ. v. Reg.,8 Ap. Cas. 781; 53 L. J. M. C, 41; 
 49 L. T. (N.8.) 786; 32 W. R. 253; 48 J. P. 228. 
 
 The corporation of the borough of Rochdale was the highway authority 
 of the Rochdale highway area. Under sections 47—50 of the Towns Improve- 
 ment Clauses Act, 1847 (10 & 11 Vict. c. 34), the obligation to repair all public 
 highways within the area of the “town” was imposed upon the corporation, 
 and the turnpike trustees were forbidden to collect any toll or lay out any 
 money on any road within that area. By a local Act of 1872 the boundaries of 
 the borough were enlarged, and all the provisions of the Acts relating to the 
 “town” were made applicable to the enlarged area of the borough. The effect 
 was that further portions of turnpike roads were for the first time brought 
 within the area of the borough, and within the operations of the Towns 
 Improvement Clauses Act, 1847:—Held, reversing the decision of the Court of 
 Appeal, that these further portions, being only parts of turnpike roads, had 
 not ‘ceased to be turnpike roads,” and were not to be deemed to be “main 
 roads” within the above section, and that the county authority were not liable 
 to pay half the expenses of their maintenance. Lancashire JJ. v. Rochdale 
 (Mayor of), 8 Ap. Cas. 494; 53 L. J. M. C. 5; 49 L. T. (.8.) 368; 32 
 W.R. 65; 48 J. P. 20. In 1855 a portion of a turnpike road was included in 
 an improvement district under a local Act incorporating the Towns Improve- 
 ment Clauses Act, 1847. Thereupon, by virtue of sections 47—51 of the latter 
 Act, the maintenance of this portion of the road became vested in the Improve- 
 ment Commissioners, and the turnpike trustees ceased to have power to collect 
 toll or lay out money upon it. In 1877 the turnpike trust expired. The 
 Commissioners were the highway authority for the district, and the district was 
 a highway area within the meaning of the above section. It was held that 
 notwithstanding the operation of sections 47—51 of the Towns Improvement 
 Clauses Act, 1847, the road only ceased to be a turnpike road and became a 
 
51 & 52 Vict. ec. 41. 
 
 main road within the above section upon the expiration of the turnpike trust ; 
 and that as that event happened after 1870, the county authority was liable to 
 pay to the Commissioners one half the expenses incurred by them in the main- 
 tenance of the portion of the road within their district. Lancashire JJ. v. 
 - Newton-in-Makerfield Improvement Commissioners, 11 Ap. Cas. 416; 55 
 DT. (N.8.) 615; 35 W. R. 185; 56 L. J. M. C. 17; 51 J. P. 68. 
 
 By a local Act passed in 1874 the limits of the borough of M. were extended. 
 By section 20 of that Act it was enacted that the extended area “shall be 
 exempt from all county rates save only in respect of the purposes for which any 
 county rates are now leviable within the existing borough.” At the time of 
 the passing of that Act general county rates were leviable within the existing 
 borough for all purposes for which such rates could be levied in any part of the 
 riding. It was held that the saving of such liability rendered the exemption in 
 section 20 inoperative ; and therefore the inhabitants of the extended area of 
 the borough were not exempt from liability to pay county rates for the main- 
 tenance of main roads under the above section. Middlesborough Overseers v. 
 North Riding JJ., 12 Q. B. D. 239; 32 W. R. 671. 
 
 The word “situate” in section 13 means geographically situate. Over 
 Darwen (Mayor of) v. Lancashire JJ., 15 Q. B. D. 20; 54 L. J. Q. B. 51; 
 52 L. T. (W.8.) 739; 48 J. P. 437. 
 
 The changes effected by the text are very important. A main road will not, 
 except in the cases provided for by the succeeding sub-sections, be repairable 
 by the highway authority at all. The duty of repairing it will devolve upon the 
 county council, who, for all purposes of repairing, &c., are to have the powers 
 of a highway board. They may not merely maintain the road, but they may 
 improve and enlarge it. The questions as to the meaning of maintenance 
 which have been raised in recent cases are thus avoided. See Amesbury 
 Guardians v. Wiltshire JJ.,10 Q. B. D. 480; 52 L. J. M. C. 64; 31 W. R. 
 521; 47 J. P. 184; Leek Improvement Commissioners v. Staffordshire JJ., 20 
 Q. B. D. 794; Reg. v. Hsseaw JJ., Times L. R., vol. iv. p. 676. The improve- 
 ments which a highway board may make in a highway are enumerated in 
 27 & 28 Vict. c. 101, ss. 47, 48. They include the conversion of any road that 
 has not been stoned into a stoned road, the widening of any road, the cutting 
 off the corners in any road where land is required to be purchased for that 
 purpose, the levelling roads, the making any new road, and the building or 
 enlarging bridges, and the doing of any work im respect of highways beyond 
 ordinary repairs essential to placing any existing highway in a proper state of 
 repair. The bridges on a main road which are at present repairable by the 
 highway authority will become, by virtue of the text, county bridges to all 
 feputs and purposes, and will be repaired and dealt with as such by the county 
 council. 
 
 The county councils are to have the same powers as a highway board for 
 preventing and removing obstructions. It has been held that the costs of 
 prosecuting by indictment for obstruction to a highway are properly chargeable 
 as part of the cost of maintaining such highway. Reg. v. Heath, 29 J. P. 452. 
 It does not appear that a highway board has, as such, any power to assert the 
 right of the public to the use and enjoyment of the roadside wastes. But as 
 some effect must be given to the words, it is probable that they will enable 
 county councils to take all necessary proceedings to prevent and remove 
 obstructions, and for the protection of the roadside wastes in so far as these 
 form part of the highway and are vested in the county council under sub- 
 section (6). Of course, in so far as the roadside wastes are not part of the 
 highway the public can have no rights over them. As to the powers of the 
 council to repair, &c., see also sub-section (12), infra. 
 
 For the definition of the phrase “ general county purpose,” see section 68, 
 post. 
 
 It should be mentioned that, by section 35, post, the provisions of this section 
 _ are to apply to the larger quarter sessions boroughs, and these boroughs are, 
 for the purposes of main roads, to be deemed part of the county, As to main 
 roads in the smaller boroughs, see section 38, post. 
 
 oP 
 Sect. ll. 
 
 NOTE 
 Sus-S. 1 
 
 ——-_ 
 
22. 
 Sect. 11. 
 SUB-S. 2 
 
 es 
 
 Local Government (England & Wales) Act, 1888. 
 
 (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 subsequent 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 thereupon they shall be entitled 
 to retain the same, and, for the purposes 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 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 
 improvement connected with the maintenance and repair of such 
 road. 
 
 For the definition of the phrase “appointed day,” see section 109, post. 
 An urban authority is the council of a borough, the local board in a local 
 
 government district, or the Improvement Commissioners in an Improvement 
 Act district. 
 
 Under the Highway Act, 1878, a borough having a separate court of quarter 
 sessions was not a highway area for the purposes of the Act, and consequently 
 the provisions of that Act as to main roads did not apply. By sections 35, 38, 
 of this Act, post, such boroughs are to be deemed urban sanitary districts, and 
 therefore highway areas. They may apply within two years to have roads in 
 the boroughs declared main roads. 
 
 If an urban authority claim to retain their right of repair, the county council 
 will be free from liability to repair, &. Apparently the claim must be made 
 in respect of each main road within twelve months of its becoming such. 
 
 Notice the words ‘maintenance, repair, and reasonable improvement.” 
 These words meet the decision in Leek Improvement Commissioners Vv. 
 Staffordshire JJ., cited in the notes to the last sub-section. 
 
 As to the amount of the annual payment, see the next sub-section. 
 
 (8) The amount of such payment shall be such annual sum 
 as may be from time to time agreed on, or in the absence of agree- 
 
 ment may be determined by arbitration of the Local Government 
 Board. 
 
 For the procedure in this arbitration, see section 63, post. 
 
 (4) The county council and any district council may from time 
 to time contract for the undertaking by the district council of the 
 maintenance, repair, improvement, and enlargement of, and other 
 dealing with any main road, and, if the county council so require, 
 the district council shall undertake the same, and such under- 
 taking 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 
 
b1 & 52 Vict. c. 41. 98 
 
 / 
 
 arbitration of the Local Government Board; and for the purposes Sect. 11. 
 of such undertaking the district council shall have the same powers aie 
 and be subject to the same duties and liabilities as if the road were 
 
 an ordinary road vested in them. 
 
 The term “district council” is defined by section 100, post. For the 
 purposes of the text it means at present a highway authority as defined by 
 section 100, post. 
 
 The provisions of this sub-section will apply to all main roads save those 
 which an urban authority have elected to maintain under sub-section (2), anie. 
 The county council and district council may contract, but in the absence of 
 contract the county council may require the district council to undertake, the 
 repair of all or any main roads in their district. 
 
 As to arbitration by the Local Government Board, see section 63, post. 
 
 It may be observed that ordinary roads are not vested in a district council 
 (i.e., highway authorities) unless such council is an urban authority, in which 
 case the highways are vested in the authority by virtue of section 149 of the 
 Public Health Act, 1875. The words “vested in them” must not, therefore, 
 be read literally, but as equivalent to “subject to their control,” or some 
 similar expression. 
 
 (5) Provided that in no case shall a county council make any 
 payment to a district council towards the costs of such undertaking 
 as respects any road, or towards the costs, 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 enlargement of or other dealing with the road, 
 as the case may be, has been properly executed. 
 
 This sub-section has reference both to an undertaking under sub-section (4), 
 and to maintenance by an urban authority under sub-section (2). As to 
 arbitration in case of refusal to make a payment under this sub-section, see 
 sub-section (9), infra. 
 
 (6) A main road and the materials thereof, and all drains belonging 
 thereto, shall, except where the urban 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 connection with the drainage of any main road, 
 the county council shall continue to have the night 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 highway or sanitary 
 authority may require such difference to be referred to arbitration, 
 
24 
 
 Local Government (England & Wales) Act, 1888 
 
 Sect. 11. and the same shall be referred to arbitration in manner provided 
 
 SuB-S. 
 
 ’ by this Act. 
 
 This is a curious provision. The main road, the materials thereof and the 
 drains belonging thereto, are to vest in the county council, except where the 
 urban authority retain the right of repairing under sub-section (2). When 
 the urban authority does not retain this right, the road which had hitherto 
 been vested in the urban authority by section 149 of the Public Health Act, 
 1875, will cease to be vested in them, and will vest in the county council. The 
 meaning of the word vest will appear from the following decisions on the 
 Public Health Act, 1875, section 149 :— 
 
 In Hinde v. Chorlton, L. R. 2 C. P., at p.116, WILLES, J., referring to the 
 words vest zz as used in a local Act, said, ‘‘ There is a whole series of authorities 
 in which words which in terms vested the freehold in persons appointed to, 
 perform some public duties, such as canal companies and boards of health, have 
 been held satisfied by giving to such persons the control over the soil which 
 was necessary to the carrying out of the objects of the Act without giving 
 them the freehold. In Stracey v. Nelson, 12 M. & W. 535; 13 L. J. Ex. 97, 
 it was provided by an Act that certain lands should be vested in the Commis- 
 sioners of Sewers, and the court held, notwithstanding, that only the control 
 over the land, and not the freehold, passed to them.” In Bagshaw v. Buaton 
 Local Board, 1 Ch. D., at p. 222, JESSEL, M. R., said that by the term vested 
 he meant vested swb modo, as far as a highway can be, not necessarily giving 
 to the local authority the right to the soil. The words vest in do not give the 
 property in the street, but merely the property in the surface of the street, and 
 in such part of the soil as is or can be used for the ordinary purposes of a 
 street. Coverdale v. Chariton, 4‘Q. B. D. 104; 48 L. J. Q. B. 128; 40 L. T. 
 (N.S.) 88; 26 W. R. 687; 438 J. P. 268. In ithat case, by an award made 
 under an Inclosure Act passed in 1766, two private roads, EK. and H., were set 
 out. About 1818 the road E. became a public highway. Down to 1863 the 
 surveyors of highways for the parish of C., within which E. and H. were situate, 
 had from time to time let the pasturage upon E. and H. to various persons. 
 A local board was formed in 1863 for the parish of C., who in 1876 let the 
 pasturage on E. and H. to the plaintiff. He thereupon commenced to depasture 
 the herbage with his cattle on the roads. The defendant interfered with the 
 plaintifi’s enjoyment of the pasturage. It was held that the property in 
 the soil of E., being a street, so far vested in the local board that they could 
 demise the right of pasturage thereon to the plaintiff, who was entitled to 
 maintain an action. It was held also that the local board having no power to 
 demise H., being a private way, the plaintiff had not sufficient exclusive 
 possession as occupier to enable him to maintain an action. In a subsequent 
 case, JAMES, L. J., explained this decision as to the meaning of the words 
 vest in as follows :—“ What that case decided, and all that it was necessary to 
 decide in that case, was that something more that an easement passed to the 
 local board, and that they had some right of property in and on and in respect 
 of the soil, which would enable them as owners to bring a possessory action 
 against trespassers. Now what was that something more? It is impossible 
 to read any of the three judgments delivered on that occasion without seeing 
 that in the view of the learned judges the soil and freehold, in the ordinary 
 sense of the words ‘soil and freehold,’ that is to say, the soil from the centre 
 of the earth up to an unlimited extent in space, did not pass, and that no 
 stratum or portion of the soil, defined or ascertainable like a vein of coal, or 
 stratum of ironstone, or anything of that kind, passed, but that the board had 
 only the surface, and with the surface such right below the surface as was 
 essential to the maintenance and occupation and exclusive possession of the 
 street, and the making and maintaining of the street for the use of the public.” 
 Rolls v. St. George the Martyr, Southwark (Vestry of), 14 Ch. D. 785 ; 
 49 L. J. Ch. 691; 43 L. T. (W.8.) 140; 28 W. R. 867; 44 J. P. 680. In that 
 case the plaintiff having, with the sanction of the Metropolitan Board of 
 Works, made a new street over his land, upon which land were two old streets, 
 
51 & 52 Vict. c, 41. 
 
 25 
 
 N. and A., an order was made at quarter sessions for stopping up part of N. Sect. 11. 
 street as unnecessary, and an order was also made for diverting a part of A. NOTE. 
 street, and opening the new street in lieu thereof. The vestry of the parish SuB-S. 6. 
 
 gave notice to the plaintiff that he must not convert to his own use the stopped, 
 up part of N. nor stop up A., or convert any part of the soil of it to his own 
 use until he had purchased the same from the vestry. It was held by the 
 Court of Appeal, reversing the decision of the Master of the Rolls, that under 
 18 & 19 Vict. c. 120, s. 96, all streets being for the time being highways, are 
 vested in the vestry, but only so long as they are highways, and that when 
 they cease to be highways by being legally stopped up or diverted, the interest 
 of the vestry determines. And it was therefere held that the plaintiff was 
 entitled to convert to his own use the stopped-up part of N., and the diverted 
 part of A., subject, as to A., to his first obtaining a certificate under 5 & 6 
 Vict. c. 50,s. 91, that the substituted street had been completed and put into 
 good condition and repair. Where a street was carried across a railway 
 situate in a deep cutting, the bridge being erected pursuant to the Railways 
 Clauses Act, 1845 (8 & 9 Vict, c. 20, ss. 46—51), it was held that the vesting 
 of the street in the vestry under 18 & 19 Vict. c. 120, s. 105, did not give the 
 vestry any property in the bridges or its fences, but merely vested in them 
 the carriageway and footpaths and the materials of which these were made. 
 Great Eastern Railway Company v. Hackney Board of Works, 8 Ap. Cas. 
 687; 52 L. J. M. C. 105; 49 L. T. (v.s.) 509; 48 J. P. 52. The vesting of 
 the streets in the urban authority under this section does not confer upon them 
 such a property in the streets as to entitle them to maintain an action for an 
 injunction against the erection of a telephone wire across a street, the tele- 
 phone wire being erected at a great height, and causing no appreciable danger 
 to the public or to the traffic in the street. Wandsworth District Board of 
 Works v. United Telephone Company, 13 Q. B. D. 904; 53 L. J. Q. B. 449; 
 51 L. T. (W.8.) 148; 32 W. R: 776; 48 J. P. 676. 
 
 It is presumed that the vesting of the street will extend to the entire high- 
 way which the public have a right to use, and that includes not only the 
 via trita, but the entire space between the fences dedicated to the use of the 
 public, and capable of being used by them. See on this subject Reg. v. United 
 Kingdom Telegraph Company, 3 F. & F. 73; 9 Cox C. C. 144, 174; 31 L. J. 
 M. C. 166; 2 B. & 8. 647; 6 L. T. (.8.) 378; Turner v. Ringwood Highway 
 Board, L. R. 9 Eq. 418; Nicol v. Beaumont, 53 L. J. Ch. 853; 50 L. T. 
 (N.8.) 112. 
 
 Ordinary highway drains will vest with the main road in the county council. 
 But where the drainage of the road flows into a drain or sewer belonging to a 
 sanitary authority the right of user is to continue. 
 
 The mode of arbitration referred to in this sub-section is that prescribed by 
 section 62, sub-sections (2) (3), post. 
 
 (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. 
 
 This provision is in effect an amendment or proviso to the Highway Act, 
 1878, section 15, which has been quoted in the note to sub-section (1), ante. 
 As to arbitration, if dispute arises as to the condition of the road, see sub- 
 section (9), infra. 
 
 (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 maintenance and repair of 
 which are undertaken by any district council, is not in proper 
 
 — 
 
26 
 Sect. 11. 
 
 SUB-S. 8. 
 
 Local Government \ England é Wales) Act, 1888. 
 
 repair and condition, the county council may cause notice to be 
 given to such district council, requiring them to place the road in 
 proper repair and condition; and if such notice is not complied 
 with within a reasonable time, the county council may do every- 
 thing that seems to them necessary to place the road in proper 
 repair and condition, and the expenses of so doing ghall be a debt 
 of the said district council to the county council. 
 
 This provision applies only to main roads of which the repair has been 
 undertaken under sub-section (4). It does not apply to main roads repaired 
 by an urban authority under sub-section (2). As to arbitration in cases of 
 dispute under this sub-section, see sub-section (9), infra. 
 
 (9) If any difference arises under this section between a county 
 council and a district council as to the refusal of the county council 
 to make a payment under this section to the district council in 
 respect of any undertaking or road, or as to a road having been 
 placed in proper repair and condition previously to its becoming a 
 main road, or as to any notice given to the district council by the 
 county council to place a road in proper repair and condition, such 
 difference shall, if either council so require, be referred to the 
 arbitration of the Local Government Board. 
 
 The differences here referred to are such as may arise under sub-sections 
 
 (5), (7), and (8), 
 
 The arbitration of the Local Government Board is regulated by section 63, 
 post. 
 
 (10) The county council may, if they think fit, contribute 
 towards the cost of the maintenance, repair, enlargement, and 
 improvement of any highway or public footpath in the county, 
 although the same is not a main road. 
 
 This is a useful provision. For the meaning of the term improvement, see 
 the note to sub-section (1). 
 
 (11) Every authority having any power or duty to light the 
 roads in their district shall have the same power and duty to light 
 any main road in their district. 
 
 The authorities having power to light roads are, in urban districts, the 
 urban authority, by virtue of the Public Health Act, 1875, section 161 ; and in 
 rural districts the Lighting Commissioners, under 3 & 4 Will. 4,¢. 90. The 
 power and duty to light roads is to extend to main roads. 
 
 (12) Anything authorised or required by law to be done by or 
 to a highway or road authority shall, as respects a main road 
 maintained by a county council, be authorised or required to be 
 done by or to that council ; and every authority having any power 
 to break up any road in their district for the purpose of sewerage 
 
51 & 52 Vict. c. 41. 
 
 27 
 
 or otherwise shall have the like power of breaking up any main Sect, Ti 
 
 road in their district, but if the road is broken up the authority 
 shall repair it to the satisfaction of the county council maintaining 
 such road, and if it is not repaired to the satisfaction of the county 
 council, that council may cause the necessary repairs to be done 
 and may charge the costs against the authority, and the same shall 
 be a debt due from the authority to the council. 
 
 The first part of this sub-section gives to a county council with respect to a 
 main road all the powers of a highway authority, ¢.¢., of a highway surveyor 
 or highway board so far as relates to anything authorised or required by law 
 to be done by or to a highway. This is a more comprehensive power than 
 that conferred by sub-section (1), ante. 
 
 Power to break up roads is given by a number of statutes, of which the 
 chief are the Public Health Act, 1875, sections 16, 54; the Gasworks Clauses 
 Act, 1847, section 6—12 ; the Waterworks Clauses Act, 1842, sections 28—34 ; 
 the Tramways Act, 1870, sections 26—383 ; the Electric Lighting Act, 1882, 
 sections 12, &c. 
 
 The provisions of the text as to the reinstating of the road are in addition 
 to those contained in the above Acts. 
 
 SUB-S. 12. 
 
 (13) Section twenty of the Highways and Locomotives (Amend- 41 & 42 
 
 ment) Act, 1878, shall apply as if it were herein re-enacted and in 
 terms made applicable to this section. 
 
 The 41 & 42 Vict. c. 77, s. 20, is as follows :— 
 
 “ Notwithstanding the provisions of this Act, in the case of any county in 
 which certain of the bridges within the county are repairable by the county at 
 large, and others are repairable by the several hundreds within the county in 
 which they are situate, it shall be lawful for the county authority from time to 
 time, by order, to declare any main road or part of a main road within their 
 county to be repairable to the extent only and in manner provided by section 
 ‘thirteen of this Act, either by the county or by the hundred in which such 
 main road or part is situate, as they think fit ; and where a main road or part 
 thereof is declared to be repairable by a hundred, the expense of repairing the 
 same shall, to the extent to which but for this section the expense or any con- 
 tribution towards the expense of repairing the same would be repayable out of 
 the county rate, be repayable out of a separate rate which shall be raised and 
 charged in the like manner as the expenses of repairing the hundred bridges 
 in the same hundred would have been raised and charged.” 
 
 The following is an extract from a letter dated 18th September, 1878, from 
 the Local Government Board with reference to this section :— 
 
 “The wording of this section, which was introduced at a very late stage of 
 the Bill, and is limited in its application to the county of Lancaster chiefly, is 
 somewhat obscure ; but it may be assumed that the effect of declaring a main 
 road repairable by the hundred is simply intended to be that the hundred rate 
 shall be substituted for the county rate as the fund from which a moiety of 
 the cost is to be repaid to the highway authorities. The justices will not fail 
 to observe that where the alternative given by the section is adopted, it is 
 desirable that all the main roads in the county should be declared to be repair- 
 able by the several hundreds through which they pass, otherwise the ratepayers 
 of those hundreds will not only have to contribute towards the roads within 
 their own hundreds, but also towards any roads within the county in respect 
 of which a contribution is payable from the county rate.” 
 
 The provisions of the above section will remain in force when it is applicable. 
 It will be remembered that the hundred rate will henceforth be made by the 
 county council under section 3 (i.). 
 
 Vict. c. 77. 
 
28 
 Sect. 12. 
 
 SUB-S. 1 
 Roads and 
 tolls in Isle 
 of Wight. 
 
 44 & 45 
 Vict. c, 72. 
 
 Adapta- 
 tion of 
 Act to 
 South 
 Wales 
 roads. 
 
 7 &8 Vict. 
 Ceol. 
 
 25 & 26 
 Vict. c. 61, 
 27 & 28 
 Vict. 
 
 c. 101. 
 
 Local Government (England € Wales) Act, 1888. 
 12. (1) After the appointed day, tolls shall cease to be taken 
 
 "on any road maintained and repaired by the Isle of Wight Highway 
 
 Commissioners, under the Isle of Wight Highway Acts, 1813 and 
 1883, and after such day the Highways and Locomotives (Amend- 
 ment) Act, 1878, as amended by this Act, shall apply to the Isle of 
 Wight, and to every such road above mentioned, in like manner as 
 if it were ceasing within the meaning of the said Act to be a turn- 
 pike road, and the Act of the session of the forty-fourth and forty- 
 fifth years of the reign of Her present Majesty, chapter seventy-two, 
 shall be repealed. 
 
 The Isle of Wight Highway Acts are 53 Geo. 3, c. xcii. and 46 & 47 Vict. 
 2 The Isle of Wight has hitherto been exempt from the operation of the 
 Highway Acts. See 5 & 6 Will 4, c. 50, 8.113; 25 & 26 Vict. c. 61, 8. 7; 
 41 & 42 Vict. c. 77, ss. 2,27; 44 & 55 Vict. c. 72. After the appointed day 
 
 all the roads in the Isle of Wight will be repairable as main roads, subject, 
 however, to the proviso contained in the next sub-section. 
 
 (2) Until provision is otherwise made by Parliament, or by a 
 Provisional Order confirmed by Parliament, the repair and main- 
 tenance of the said roads shall continue to be undertaken by the 
 said commissioners, and the county council for the county of 
 Southampton shall pay such commissioners, in respect of the said 
 repairs and maintenance, and of the expenses of the Commissioners, 
 such sums as may be agreed upon, or, in case of difference, be 
 settled by arbitration under this Act, and the provisions of this Act 
 with respect to main roads shall apply as if the Commissioners 
 were a district council who had undertaken the maintenance and 
 repair of such roads. 
 
 As to the making of a Provisional Order, see section 87, post. 
 
 As to arbitration under this Act, see section 62, post. 
 
 The provisions of this Act are to apply as if the Commissioners were a 
 
 district council who had undertaken the repair of the roads under section 11, 
 sub-section (4), ante. 
 
 13. (1) After the appointed day no county road rate shall be 
 levied, and tolls shall cease to be taken on any road maintained and 
 repaired by a county roads board in South Wales, in pursuance of 
 the South Wales Turnpike Trusts Act, 1844, and the Acts amending 
 the same, and after such day the Highways and Locomotives 
 (Amendment) Act, 1878, as amended by this Act shall apply to 
 every county in South Wales as if the highway districts in that 
 county had been constituted under the Highway Act, 1862, and 
 the Highway Act, 1864, or one of those Acts, and shall apply to 
 every such road as above mentioned, in like manner as if it were 
 
51 & 52 Vict. c. 41. 
 
 29 
 
 ceasing, within the meaning of the said Act, to be a turnpike Sect. 13. 
 UB-S. 1. 
 
 road. 
 
 Under the 7 & 8 Vict. c. 91, county roads boards were created for the 
 management of all turnpike roads in the six counties of South Wales. Their 
 expenses were defrayed out of tolls which were paid into the County Roads 
 Fund, and if the sum so raised was insufficient the deficiency was certified to 
 the quarter sessions who made a county roads rate. Under 14 & 15 Vict.c. 16, 
 the six counties were divided into county districts, and these districts were 
 continued under 23 & 24 Vict. c. 68, and the highways in these districts were 
 managed by highway boards, whose expenses were defrayed out of highway 
 rates levied by the overseers of each parish. These districts were not subject 
 to the Highway Acts, 1862 and 1864. See 25 & 26 Vict. c. 61,8. 7; 41 & 42 
 Vict. c. 77, s. 2. The text provides that in future all roads subject to the 
 control of the county roads boards shall become main roads, and that the 
 highway districts shall be deemed to be highway districts under the Highway 
 Acts, and that the provisions of this Act as to main roads shall apply to such 
 main roads. 
 
 (2) On the appointed day every county roads board and district 
 roads board in each county shall cease to exist, and the property, 
 debts, and liabilities of any such board shall be transferred to the 
 county council, and that council shall be the successors of the 
 county and district roads boards, and the provisions of this Act, 
 with respect to the transfer of the property, debts, and liabilities 
 of quarter sessions to county councils, and with respect to the 
 officers and servants of quarter sessions, shall apply as if they 
 were herein re-enacted and made applicable to the property, debts, 
 liabilities, and officers of the said county and district roads boards. 
 
 The district roads boards here referred to were boards appointed by the 
 county roads boards under 7 & 8 Vict. c. 91, to take the management of turn- 
 pike roads in districts into which the six counties were divided, subject, how- 
 ever, to the superintendence and authority of the county roads boards. All 
 these bodies are now abolished, and their property, debts, &c., are transferred to 
 
 the county councils in like manner as if it were property, &c., under section 64, 
 post. The provisions as to officers are contained in sections 118—120, post. 
 
 (8) For the following purposes (that is to say) : 
 
 (a) For giving effect to the said transfer of the property, debts, 
 and liabilities, and for controlling the officers and ser- 
 vants transferred by this section to the county council, 
 and otherwise winding up the affairs of the county and 
 district roads boards; and 
 
 (b) For the purpose of the appointment of the surveyor of a 
 highway board, the alteration of a highway district, and 
 other purposes relating to highway boards ; 
 
 the county council of every county in South Wales shall have all 
 the powers of a county roads board in a county under the South 
 Wales Turnpike Trusts Act, 1844, and the Acts amending the same, 
 
80 
 Sect, 13, 
 SussS, 3. 
 
 PO 
 
 Power to 
 county 
 council to 
 enforce 
 provisions 
 of 39 & 40 
 Vict, c, 75. 
 
 Local Government (England & Wales) Act, 1888. 
 
 80, however, that nothing shall confer on the county council any 
 power to levy any toll or county road rate. 
 
 This provision simply provides that the county councils shall have all the 
 powers of a county roads board for the purposes specified. 
 
 The surveyor of a highway board is appointed under 22 & 23 Vict. c. 68,8. 3; 
 highway districts are altered under section 2. 
 
 14, (1) On and-after the appointed day a county council shall 
 have power, in addition to any other authority, to enforce the 
 provisions of the Rivers Pollution Prevention Act, 1876 (subject to 
 the restrictions in that Act contained), in relation to so much of any 
 stream as is situate within, or passes through or by, any part of 
 their county, and for that purpose they shall have the same powers 
 and duties as if they were a sanitary authority within the meaning 
 of that Act, or any other authority having power to enforce the 
 provisions of that Act, and the county were their district. 
 
 The Rivers Pollution Act may be enforced by sanitary authorities, County 
 councils have similar powers by virtue of the provisions in the text. The Act 
 will be found set out in Lumley’s Public Health, p. 986. The consent of the 
 
 Local Government Board must be obtained before proceedings can be taken in 
 respect of manufacturing and mining pollutions. 
 
 (2) Any county council shall have power to contribute towards 
 the costs of any prosecution under the said Act instituted by any 
 other county council or by any urban or rural authority. 
 
 The prosecution here referred to is a proceeding in the county court under 
 the Act, or an indictment, or similar proceedings. 
 
 (3) The Local Government Board, by Provisional Order made on 
 the applieation of the council of any of the counties concerned, 
 may constitute a joint committee or other body representing all the 
 administrative counties through or by which a river, or any specified 
 portion of a river, or any tributary thereof, passes, and may confer 
 on such committee or body all the powers of a sanitary authority 
 under the Rivers Pollution Prevention Act, 1876, or such of them 
 as may be specified in the Order ; and the Order may contain such 
 provisions respecting the constitution and proceedings of the said 
 committee or body as may seem proper, and may provide for the 
 payment of the expenses of such committee or body by the 
 administrative counties represented by it, and for the audit of the 
 accounts of such committee or body, and their officers. 
 
 As to the making of a Provisional Order, see section 87, post. 
 
 As to the definition of an ‘“‘ administrative county,” see section 100, post. 
 
 The joint committee may be invested under this sub-section with all neces- 
 sary powers to prevent the pollution of a stream at any point of its course, 
 
51 & 52 Vict, c. 41. 81 
 
 Under sub-section (1) the control of a county council is limited to so much of Sect. 14. 
 the stream as is within or adjoins the county. NOTE 
 é he ; Sus-S, 3. 
 15, The county council of an administrative county shall have — 
 
 the same powers of opposing Bills in Parliament, and of prosecuting Council to 
 : ; : have power 
 
 or defending any legal proceedings necessary for the promotion or ;, oppose 
 
 protection of the interests of the inhabitants of the county, as are Bills in 
 
 conferred on the council of a municipal borough by the Act of the Ava 
 
 thirty-fifth and thirty-sixth years of Victoria, chapter ninety-one ; 
 
 and subject as hereinafter provided the provisions of that Act shall 
 
 extend to a county council as if such council were included in the 
 
 expression ‘‘ governing body,” and the administrative county were 
 
 the district in the said Act mentioned. 
 
 Provided that— 
 
 (a) No consent of owners and ratepayers shall be required for 
 any proceedings under this section ; 
 
 () This section shall not empower a county council to promote 
 any Bill in Parliament, or to incur or charge any expense 
 in relation thereto. 
 
 The Municipal Corporations (Borough Funds) Act, 1872, 35 & 36 Vict. 
 e. 91,8. 2, enables a governing body to promote or oppose any local and per- 
 sonal Bill in Parliament, or to prosecute or defend any legal proceedings 
 necessary for the promotion or protection of the interest of the inhabitants of 
 the district, and to apply the public funds or rates under their control to the 
 payment of the costs and expenses attending the same. This power is now 
 extended to county councils, except that they have no power to promote a Bill 
 in Parliament. The Act further provides that no paliamentary costs shall be 
 incurred except in pursuance of a resolution of an absolute majority of the 
 whole number of the governing body, after ten clear days’ notice by public 
 advertisement of such meeting and of the purpose thereof in some local news- 
 paper published or circulating in the district, such notice to be in addition to 
 the ordinary notices required for summoning such meeting. Further, the reso- 
 lution must be published twice in a local newspaper, and must receive the 
 approval of the Local Government Board in respect of matters within the 
 jurisdiction of that board, and in respect of other matters of a Secretary of 
 State. The text dispenses with the consent of the owners and ratepayers of 
 the district, which must be given in the case of other governing bodies, 
 
 It does not follow, however, from the Borough Funds Act as applied by the 
 text, that a county council will have no power to institute or defend legal pro- 
 ceedings, or to oppose Bills in Parliament, except pursuant to the provisions of 
 that Act. A body like a county council may have power independently of any 
 statute to devote the funds in their hands for the protection of the rates or of 
 their powers and privileges. See on this subject Bright v. North, 2 Ph. 216 ; 
 Attorney-General v. Wigan (Corporation of), Kay, 268 ; 5D. M.& G. 52; 
 Reg. v. Sheffield (Mayor, Sc., of ), L. R. 6 Q. B. 652; Reg. v. Kingsbridge 
 Highway Board, 32 J. P. 562; Attorney-General v, Brecon (Mayor, Sc. of ), 
 10 Ch. D. 204; Reg. v. White, 14 Q. B. D. 358; 54 L. J. M. C, 23 7 Oe Li, De 
 (N.S.) 116 ; 23 W. R. 248; 49 L. P. 294; Cleverton v. St. Germains Rural 
 Sanitary Authority, 56 L. J. Q. B. 83. 
 
 16. (1) A county council shall have the same power of making Power of 
 bye-laws in relation to their county, or to any specified part or county 
 
32 
 
 Sect.16. 
 
 Sus-S, 1. 
 
 council to 
 make bye- 
 laws. 
 
 45 & 46 
 
 Vict. ¢. 50. 
 
 38 & 39 
 
 Vict. c. 55, 
 
 Local Government (England & Wales) Act, 1888. 
 
 parts thereof, as the council of a borough have of making bye-laws 
 in relation to their borough under section twenty-three of the 
 Municipal Corporations Act, 1882, and section one hundred and 
 eighty-seven of the Public Health Act, 1875, shall apply to such 
 bye-laws : 
 
 (2) Provided that bye-laws made under the powers of this section 
 shall not be of any force or effect within any borough. 
 
 The provisions of section 23 of the Municipal Corporations Act, 1882, are 
 set out, post. See the notes to that section. 
 
 Section 187 of the Public Health Act, 1875, is as follows:— 
 
 ‘“‘Bye-laws made by the council of any borough under the provisions or 
 section ninety of the Act of the sixth year of King William the Fourth 
 chapter seventy-six, for the prevention and suppression of certain nuisances, 
 shall not be required to be sent to a Secretary of State, nor shall they be subject 
 to the disallowance in that section mentioned ; but all the provisions of this 
 Act relating to bye-laws shall apply to the bye-laws so made as if they were 
 made under this Act.” 
 
 The meaning of the provision in thetext as to the application of this section 
 appears to be that all bye-laws made by a county council, whether for the good 
 government of the county, or for the prevention and suppression of nuisances, 
 must be made and confirmed pursuant to sections 182—186 of the Public 
 Health Act, which are as follows:— 
 
 182, All bye-laws made by a local authority under and for the purposes of 
 this Act shall be under their common seal; and any such bye-law may be altered 
 or repealed by a subsequent bye-law made pursuant to the provisions of this 
 Act: Provided that no bye-law made under this Act by a local authority shall 
 be of any effect if repugnant to the laws of England or to the provisions of 
 this Act. 
 
 183. Any local authority may, by any bye-laws made by them under this Act, 
 impose on offenders against the same such reasonable penalties as they think 
 fit, not exceeding the sum of five pounds for each offence, and in the case of a 
 continuing offence a further penalty not exceeding forty shillings for each day 
 after written notice of the offence from the local authority ; but all such bye- 
 laws imposing any penalty shall be so framed as to allow of the recovery of any 
 sum less than the full amount of the penalty. 
 
 Nothing in the provisions of any Act incorporated herewith shall authorise 
 the imposition or recovery under any bye-laws made in pursuance of such 
 provisions of any greater penalty than the penalties in‘this section specified. 
 
 184, Bye-laws made by a local authority under this Act shall not take effect 
 unless and until they have been submitted to and confirmed by the Local 
 Government Board, which Board is hereby empowered to allow or disallow the 
 same as it may think proper; nor shall any such bye-laws be confirmed— 
 
 Unless notice of intention to apply for confirmation of the same has been 
 
 given in one or more of the local newspapers circulated within the district 
 to which such bye-laws relate, one month at least before the making of such 
 application ; and 
 
 Unless for one month at least before any such application a copy of the 
 
 proposed bye-laws has been kept at the office of the local authority, and 
 has been open during office hours thereat to the inspection of the rate- 
 payers of the district to which such bye-laws relate, without fee or 
 reward. 
 
 The clerk of the local authority shall, on the application of any such rate- 
 payer, furnish him with a copy of such proposed bye-laws or any part thereof, 
 on payment of sixpence for every hundred words contained in such copy. 
 
 A bye-law required to be confirmed by the Local Government Board shall 
 not require confirmation, allowance, or approval by any other authority, 
 
51 ¢ 52 Vict. c. 41. 
 
 38 
 
 185. All bye-laws made by a local authority under this Act, or for purposes Bact. 16, 
 
 the same as or similar to those of this Act under any local Act, shall be 
 printed and hung up in the office of such authority ; and a copy thereof shall 
 be delivered to any ratepayer of the district to which such bye-laws relate, on 
 his application for the same ; a copy of any bye-laws made by a rural authority 
 shall also be transmitted to ‘the overseers of every parish to which such bye- 
 laws relate, to be deposited with the public documents of the parish, and to be 
 open to the inspection of any ratepayer of the parish at all reasonable hours. 
 
 186. A copy of any bye-law made under this Act by a local authority (not 
 being the council of a borough), signed and certified by the clerk of such 
 authority to be a true copy and to have been duly confirmed, shall be evidence 
 until the contrary is proved in all legal proceedings of the due making, 
 confirmation and existence of such bye-laws without further or other proof. 
 
 The provisions of the last of the above-quoted sections should be noticed, as 
 they supersede apparently section 24 of the Municipal Cor poratlens Act, 1882, 
 so far as regards bye-laws made by a county council. 
 
 17, (1) The council of any county may, if they see fit, appoint Power of 
 
 and pay a medical officer of health, or medical officers of health, ses y 
 
 who shall not hold any other appointment or engage ‘in private 
 practice without express written consent of the council. 
 
 cils to 
 
 appoint 
 medical 
 officer of 
 
 For the qualification of these medical officers of health, see the next health. 
 
 section. 
 
 (2) The county council and any district council may from time 
 to time make and carry into effect arrangements for rendering the 
 services of such officer or officers regularly available in the district 
 of the district council, on such terms as to the contribution by the 
 district council to the salary of the medical officer, or otherwise, 
 as may be agreed, and the medical officer shall have within such 
 district all the powers and duties of a medical officer appointed by 
 a district council. 
 
 The object of this provision is to enable the medical officer to exercise juris- 
 diction over a wider area, and to give him greater freedom and independence 
 in the discharge of his duties. 
 
 The powers and duties of a medical officer of health appointed by a district 
 council (7.e. by a sanitary authority ; see section 100, post) are contained in the 
 Public Health Act, 1875, but are too numerous to be stated here in detail. 
 
 (3) So long as such an arrangement is in force, the obligation of 
 the district council under the Public Health Act, 1875, to appoint 
 
 a medical officer of health shall be deemed to be satisfied without 
 the appointment of a separate medical officer. 
 
 The obligation of a district council here referred to is that arising under 
 sections 189, 190, of the Public Health Act, 1875. If the district council enter 
 into an arrangement with the county council under sub-section (2), they need 
 not appoint a medical officer for their own district. 
 
 18, Except where the Local Government Board, for reasons Qualifica- 
 
 brought to their notice, may see fit in particular cases specially to 
 
 tion of 
 medical 
 
 allow, no person shall hereafter be appointed the medical officer of officers of 
 
 D 
 
 health, 
 
84 
 Sect. 18, 
 
 49 & 50 
 Vict. c. 48, 
 
 Power of 
 county 
 council as 
 to report 
 of medical 
 officer of 
 health, 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 health of any county or county district, or combination of county 
 districts, or the deputy of any such officer, unless he be legally 
 qualified for the practice of medicine, surgery, and midwifery. 
 
 For the definition of “ county district,” see section 100, post. At present it 
 means an urban or rural sanitary district. 
 
 Medical officers may be appointed for a combination of districts under the 
 Public Health Act, 1875, section 191. That section is materially modified by 
 the text as to the qualification of a medical officer, who must now be legally 
 qualified in medicine, surgery, and midwifery pursuant to 49 & 50 Vict. c. 48. 
 The Local Government Board may dispense with the necessity of this triple 
 qualification, subject, however, to the provisions of the next sub-section. 
 
 (2) No person shall after the first day of January, one thousand 
 eight hundred and ninety-two, be appointed the medical officer of 
 health of any county or of any such district or combination of 
 districts, as contained, according to the last published census for 
 the time being, a population of fifty thousand or more inhabitants, 
 unless he is qualified as above mentioned, and also either is 
 registered in the medical register as the holder of a diploma in 
 Sanitary science, public health, or State medicine under section 
 twenty-one of the Medical Act, 1886, or has*been during three 
 consecutive years precediny the year one thousand eight hundred 
 and ninety-two a medical officer of a district or combination of 
 districts, with a population according to the last published census 
 of not less than twenty thousand, or has before the passing of this 
 
 - 
 
 Act been for not less than three years a medical officer or inspector 
 of the Local Government Board. 
 
 After the 1st January, 1892, no medical officer of health may be appointed 
 for any county, district, or combination of districts containing a population of 
 over 50,000 unless (1) he possesses the triple qualification already mentioned, 
 and has, in addition, been registered as the holder of a diploma in sanita 
 science under 49 & 50 Vict. ¢. 48, s. 21; or (2) has during 1889, 1890, and 
 1891 been a medical officer for a district or combination of districts having a 
 population of over 20,000 ; or (3) has been for three years previous to the 
 
 aaa Beaded 1888, a medical officer or inspector of the Local Government 
 oard, 
 
 19, (1) Every medical officer of health for a district in any 
 county shall send to the county council a copy of every periodical 
 report of which a copy is for the time being required by the regu- 
 lations of the Local Government Board to be sent to the Board, 
 and if a medical officer fails to send such copy the county council 
 may refuse to pay any contribution, which otherwise the council 
 
 would in pursuance of this Act pay, towards the salary of such 
 medical officer. 
 
 The periodical reports here referred to are those prescribed by the Local 
 Government Orders, for which see Glen’s Local Government Orders, They 
 
51 ¢ 52 Vict. c. 41, 85 
 
 include the quarterly returns of sickness and death and the annual report made Sect. 19, 
 in the month of December in every year. NOTE. 
 
 The contribution of the county council towards the salary of the medical — 
 officer is payable under section 24, sub-section (2), post. 
 
 (2) If it appears to the county council from any such report 
 that the Public Health Act, 1875, has not been properly put in 
 force within the district to which the report relates, or that any 
 other matter affecting the public health of the district requires to 
 be remedied, the council may cause a representation to be made to 
 the Local Government Board on the matter. 
 
 This representation will probably amount to a complaint under section 299 
 of the Public Health Act, 1875. If so, the Local Government Board, if 
 satisfied of the alleged default after due inquiry, may make an order on the 
 local authority for the performance of their duty, and may enforce this order 
 by mandamus, or they may appoint a person for the performance of the duty 
 and recover the expenses from the authority. 
 
 Financial Relations between Exchequer and County, and 
 Contributions by County for Costs of Union Officers. 
 20. (1) After the financial year ending on the thirty-first day of Payment 
 
 March next after the passing of this Act, the Commissioners of ee 
 Inland Revenue shall from time to time, in such manner and under proceeds of 
 such regulations as the Treasury from time to time prescribe, pay ee 
 into the Bank of England to such account (in this Act referred to tion 
 
 as the Local Taxation Account) as may be fixed by the regulations, licenses. 
 such sums as may be ascertained in manner provided by the regu- 
 lations to be the proceeds of the duties collected by those Commis- 
 sioners in each administrative county in England and Wales on the 
 licenses (in this Act referred to as local taxation licenses) specified 
 in the First Schedule to this Act, and for the purposes of this 
 section all penalties and forfeitures recovered in respect of the said 
 duties shall be considered as part of the proceeds of the duties. 
 
 As to the financial year, see section 73, post. 
 
 This section will come into operation on the 1st April, 1889. During the 
 present financial year temporary provisions are made by section 121, post, 
 
 For the definition of “administrative county,” see section 100, post. 
 
 See Schedule I., post, as to the licenses here referred to. 
 
 L 
 
 (2) The amount ascertained as aforesaid to have been collected 
 in each county in respect of duties on local taxation licenses shall, 
 from time to time, be certified by the Commissioners of Inland 
 Revenue, and paid under the direction of the Local Government 
 Board out of the Local Taxation Account to the council of such 
 county. The Commissioners may, if they think fit, vary such 
 certificate, but unless so varied, their certificate shall be conclusive. 
 
 The amount is to be ascertained in manner provided by the regulations of 
 the Treasury, under sub-section (1), These regulations have not yet appeared, 
 
 D 2 
 
86 
 Sect. 20. 
 
 SuB-S. 3. 
 
 Local Government (England d Wales) Act, 1888. 
 
 (8) It shall be lawful for Her Majesty the Queen from time to 
 time, by Order in Council made on the recommendation of the 
 Treasury, to transfer to county councils as from the date specified 
 in the Order the power to levy the duties on all or any of the local 
 taxation licenses, and after such date every county council and 
 their officers shall (subject nevertheless to any exceptions and 
 modifications contained in the Order) have within their county, for 
 the purpose of levying the duties transferred, the same powers, 
 duties, and liabilities as the Commissioners of Inland Revenue and 
 their officers have with respect to the duties transferred, and to the 
 issue and cancellation of licenses on which the duties are imposed, 
 and other matters under the Acts relating to those duties and 
 licenses, and all enactments relating to those duties and licenses, 
 and to punishments and penalties connected therewith, shall apply 
 accordingly. 
 
 In the first instance the duties will be collected, and the Acts relating to the 
 licenses will be enforced by the officers of Inland Revenue as heretofore, the 
 amount levied being paid in to the Local Taxation Account under sub-sec- 
 tion (1). The text enables all the duties, &c., as to the levying and enforcing 
 
 of the duties, to be transferred to the county council and their officers, subject, 
 however, to the provisions of the next sub-section. 
 
 (4) Provided as follows :— 
 
 (i.) All penalties and forfeitures recovered by a county council 
 in pursuance of this section shall, instead of being paid 
 to the Exchequer, be paid to the county fund, and carried 
 to the same account as the duties. 
 
 (ii.) The county council shall have, as respects the said duties 
 and licenses, the power given by the said Acts to the 
 Treasury for the restoration of any forfeiture, and the 
 mitigation or remission of any penalty or any part 
 thereof. 
 
 (ili.) Nothing in this section shall confer on the county council 
 any special privileges of the Crown as respects legal 
 proceedings. 
 
 As to the county fund and accounts, see section 68. The duties and 
 penalties will be paid to the Exchequer Contribution Account, under section 23, 
 post, 
 
 As to the powers of the Treasury to restore forfeitures, &c., see 7 & 8 Geo. 3, 
 c. 53, 8. 99. 
 
 See also section 98, which contains a saving for the powers of Commissioners 
 of Inland Revenue and Customs, 
 
 (5) On a transfer under this section of the power to levy the 
 duties on any license— 
 _ (4) The county council shall provide for issuing, in diver 
 
51 dé 52 Vict. c. 41. 
 
 parts of their county, their license for the same purpose, 
 so as to enable persons to obtain it near their residences ; 
 and 
 
 (b) If such license has operation in any place in the United 
 Kingdom outside the county in which it is issued, the 
 license of a county council for the same purpose shall 
 continue to have the like operation outside the county 
 in such place. 
 
 Many licenses, such as gun and dog licenses, are available throughout the 
 country. Such licenses will still have the same operation. It will be necessary 
 for the county councils to have local offices or agents for the grant of licenses 
 and the payment of duties. 
 
 91, After the financial year ending the 31st day of March next 
 after the passing of this Act, the Commissioners of Inland Revenue 
 shall, from time to time, in such manner and under such regula- 
 tions as the Treasury may from time to time prescribe, pay into the 
 Bank of England to the Local Taxation Account, such sums as 
 may be ascertained in manner provided by the regulations to be 
 four-fifth parts of one half of the proceeds of the sums collected 
 by them in respect of the probate duties, and for the purpose of 
 this section ‘‘ probate duties’’ means the stamp duties charged on 
 the affidavit required from persons applying for probate or letters 
 of administration in England, Wales, or Ireland, and on the 
 inventory exhibited and recorded in Scotland, and also the stamp 
 duties charged on such accounts of personal and movable property 
 as are specified in section thirty-eight of the Customs and 
 
 37 
 Sect. 19. 
 
 SUB-S.5a@ 
 
 Grant to 
 county 
 council of 
 portion of 
 probate 
 duty. 
 
 j 
 & 
 
 Inland Revenue Act, 1881, and also includes the proceeds of all 44 & 45 
 
 penalties and forfeitures recovered in relation to such stamp 
 duties. 
 
 For the Local Taxation Account, see section 20, sub-section (1), ante. 
 
 The accounts specified in 44 & 45 Vict. c. 12,5. 38, include accounts of 
 property taken under a donatio mortis causa, or under a voluntary disposition, 
 which shall not have been bond fide made three months before the death of 
 the deceased ; of property voluntarily vested by a person in his own name and 
 that of another, so that the beneficial interest passes on death to the survivor ; 
 of property passing under a voluntary settlement, under which a person 
 deceased reserved an interest to himself, &c. 
 
 Vict. c. 12. 
 
 99. (1) The sums paid in pursuance of this Act to the Local Distribu- 
 
 Taxation Account, in respect of the proceeds of the probate duties 
 
 1on of 
 
 probate 
 
 (in this Act referred to as the ‘‘ probate duty grant’’), shall, until duty 
 Parliament otherwise determine, be distributed among the several rane 
 
 counties in England and Wales in proportion to the share which 
 the Local Government Board certify to have been received by each 
 
38 Local Government (England & Wales) Act, 1888. 
 
 peck. Az. county during the financial year ending the thirty-first day of: 
 — “ March next before the passing of this Act out of the grants here- 
 tofore made out of the Exchequer in aid of local rates, which will 
 
 cease to be granted after the passing of this Act, and the share to - 
 
 be so certified shall be estimated in such manner as the Local 
 Government Board direct. 
 
 The share. to which each county will be entitled will thus depend on the 
 amount received by it during the year ending March 31st, 1889, out of the 
 
 Exchequer in aid of local rates, and the proportion so determined will remain 
 fixed until Parliament otherwise provides. 
 
 (2) In the case of the six counties of South Wales and the Isle 
 of Wight there shall be added to the amount actually received out 
 of such grants as aforesaid such additional sum as the Local 
 Government Board certify to be the amount which each of the said 
 counties and the Isle of Wight would have received, if the roads 
 maintained by the county roads boards or the highway commis- 
 sioners had been main roads. 
 
 As already stated (see the notes to sections 12 and 13), ante, the Isle of Wight 
 and the counties in South Wales were not subject to the Highway Acts, and 
 consequently no sum was ever granted out of the Exchequer in respect of main 
 
 roads in these places. Now that they are subject to the Highway Acts, it is 
 necessary to make provision for them as stated in the text, 
 
 (3) The proportion to be paid to each county shall, from time 
 to time, be paid under the direction of the Local Government 
 
 Board to the county council out of the Local Taxation Account. ~ 
 
 The Board may, if they think proper, vary their certificate, but 
 unless it is so varied, their certificate shall be conclusive. 
 
 As to the Local Taxation Account, see section 20, ante, 
 
 pee ra 23, (1) All sums from time to time received by a county council 
 ae on in respect of— 
 
 local taxa- (a) The duties on the local taxation licenses, whether collected by 
 Tpeade the Commissioners of Inland Revenue or by the county 
 
 and pro- council; and 
 
 aa ony (>) The probate duty grant, 
 
 hear shall be paid to the county fund and carried to a separate account, 
 in this Act referred to as the Exchequer Contribution Account. ” 
 
 As to the duties on local taxation licenses, see section 20, ante, 
 As to the probate duty grant, see sections 21, 22, ante. 
 As to the county fund, see section 68, post, 
 
 (2) All sums for the time being standing to the Exchequer 
 Contribution Account shall be applied— 
 
 po 
 
51 ¢ 52 Vict. ¢. 41. 39 
 
 (i.) In paying the costs incurred in respect thereof, or otherwise Sect. 23. 
 SuB-S. 2, 
 chargeable thereon ; and = 
 (ii.) In payment of the sums required by this Act to be paid by 
 the county council in substitution for local grants; and ‘ 
 (iii.) In payment of the grant required by this Act to be made 
 by the county council in respect of costs of union officers ; 
 and 
 (iv.) 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 ; 
 and shall be so applied in the order above mentioned. | 
 It is not quite clear what costs are incurred in respect of the Exchequer 
 Contribution Account or are chargeable thereon. 
 The payment in substitution for local grants is made under section 24, post. 
 
 The payment in respect of union officers is made under section 26, post. 
 General county purposes are defined by section 68, post. 
 
 (8) If any surplus remains after paying the above costs and 
 sums, 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 that borough, and the 
 remainder shall be applied as follows : 
 
 For the definition of a quarter sessions borough, see section 100, post. 
 As to the determination of the rateable value, see sub-section (10) and 
 
 section 100, post. 
 Special county purposes are defined by section 68, post. 
 
 (4) It shall first be applied 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 boroughs, 
 is liable to be assessed to county contributions ; 
 
 As to the special accounts of the county fund, see section 68, post, 
 
 (5) Provided that where any of the said quarter sessions 
 boroughs to which a payment of a proportion of the surplus is 
 made as aforesaid is liable to be assessed to county contributions 
 for any of such last-mentioned costs, there shall be deducted from 
 - the amount payable to the council of that borough in respect of 
 the said surplus, such sum as would have been raised within the 
 area of the borough if the amount of such costs had been raised by 
 county contributions. , 
 
 A proportion of the surplus is payable to a quarter sessions borough under 
 
40 
 
 Sect. 23. 
 
 NOTE 
 SuB-S. 5. 
 
 ‘2 
 
 Local Government (England € Wales) Act, 1888. 
 
 sub-section (3). The deduction to be made is to be the sum which would 
 have been raised within the borough in respect of the costs mentioned in sub- 
 section (4). 
 
 (6) If there remains any sum after repaying the said costs to the 
 said accounts of the county fund, such residue shall be divided as 
 follows, that is to say, such proportion thereof as the total rateable 
 value of the area of each borough maintaining a separate police 
 force under the County and Borough Police Acts, and not being 
 a quarter sessions borough above mentioned, bears to the rateable 
 value of the whole county, after deduction of the rateable value of 
 every quarter sessions borough above-mentioned, shall be paid to 
 the council of the borough, and the rest shall be applied towards 
 repaying to the proper special accounts of the county fund the costs 
 of the police, and other costs on account of which the area of the 
 county, exclusive of all the said boroughs, is liable to be assessed 
 to county contributions. Where a town, not being a borough, 
 maintains its own police and receives any payment from the county 
 council in pursuance of this Act towards the pay and clothing of 
 such police, this enactment shall apply to such town as if it were a 
 borough, and as if the sanitary authority therein were the council 
 of the borough. 
 
 In applying this sub-section it is necessary first to ascertain the rateable 
 value of the county, exclusive of the quarter sessions boroughs mentioned in 
 sub-section (3). The proportion payable to the boroughs maintaining a 
 separate police force is the proportion which the rateable value of such borough 
 bears to that ascertained as above stated. 
 
 As to rateable value, see sub-section (10) and section 100, post. - 
 
 As to the special county accounts, see section 68, post. 
 
 The latter part of the sub-section applies only to a few towns which are 
 boroughs in everything but name, and are governed under a local Act. 
 
 (7) If any balance remains after all the above payments are 
 made, and is in excess of what the county council consider neces- 
 sary to carry forward to the next account, such excess shall be 
 divided among the district councils other than the councils of 
 quarter sessions or other boroughs to whom portions of the surplus 
 have been paid under the foregoing provisions of this section, and 
 shall be so divided in proportion to the rateable value of the area 
 of each district. 
 
 The county council have therefore a discretion to carry over the entire balance 
 to the next account. 
 
 The district councils are the urban and rural sanitary authorities other than 
 borough councils receiving any payment under the preceding sub-sections, 
 As to rateable value, see sub-section (10) and section 100, post. 
 
 (8) Where any part of a county i8 situate within the Metropo- 
 litan Police District, this section shall apply as if that part were the 
 
 — 
 
51 & 62 Viet. c. 41. 4] 
 
 area of a borough maintaining a separate police force, save that the Sect. 23. 
 sum which would be payable to such borough shall be paid to the Bu Eres 
 district councils of the county districts wholly or partly situate in 
 
 such part, and shall be divided among such district councils in 
 proportion to the rateable value of the area of each district, or of 
 
 so much thereof as is within the Metropolitan Police District. 
 
 ' The Metropolitan Police District comprises an area which may be roughly 
 
 described as within a radius of 15 miles from Charing Cross. Its boundaries 
 
 are fixed by 10 Geo. 4, c. 44, and by Orders in Council made under 2 & 3 Vict. 
 
 c. 47, and 3 & 4 Vict. c. 84. The area is to be treated as if it were a borough 
 
 within sub-section (6), but the sum ascertained as provided by that sub-section 
 is to be distributed among the district councils. 
 
 (9) All sums paid in pursuance of this section shall be carried, 
 if paid to the council of a borough, to the borough fund, and if paid 
 to a district council other than the council of a borough, to the 
 district fund, and shall be applied to purposes for which the whole ~ 
 of the borough or district is liable to be rated. 
 
 The district fund is, in urban districts, the general district fund under the 
 Public Health Act, 1875, section 209. Ina rural district, the sum paid must 
 
 be applied like a sum raised for general expenses under sections 229, 230, of 
 that Act. 
 
 (10) The rateable value, for the purpose of this section, shall be 
 determined according to the standard or basis for county contribu- 
 tions for the time being. 
 
 As to the rateable value when there is no such standard or basis, see section 
 
 100 ; and as to the mode of calculating the rateable value of both a county 
 and a county borough, see section 33, post. 
 
 94, Whereas certain grants heretofore made out of the Exche- Payments 
 quer in aid of local rates (in this Act referred to as local grants) by county 
 
 “council in 
 
 will by reason of the duties on the local taxation licenses and the substitu- 
 probate duty grant being by this Act made payable to local autho- tion for 
 
 i eats PF al 
 rities, cease, it is therefore hereby enacted as follows :— set 
 
 (1) So much of any enactment as requires or authorises pay- ate out 
 ment out of the Exchequer of any local grant in substitution for chequer in 
 which the county council is required by this Act to make any pay- aidof local 
 ment is hereby repealed as from the thirty-first day of March next Bie 
 after the passing of this Act without prejudice to any right accrued 
 
 before that day. 
 
 As to the local taxation licenses, see section 20, ante. 
 As to the probate duty grant, see sections 21, 22, ante. 
 
 (2) In substitution for local grants, the council of each county 
 shall from time to time as from the said day pay out of the county 
 
49, Local Government (England & Wales) Act, 1888. 
 
 Sect. 24. fund and charge to the Exchequer Contribution Account the ~ 
 eS following sums, that is to say— 
 (a) They shall pay to the guardians for every poor law union or 
 officer for any other area wholly or partly in the county 
 (as the case may be) such sums as the Local Government 
 Board from time to time certify to be due from the said 
 council in substitution for the local grants towards the 
 remuneration of teachers in poor law schools, and for \ 
 payments to public vaccinators under section five of the 
 
 30 & 31 Vaccination Act, 1867; and 
 Vict. c. 84, 
 As to the Exchequer Contribution Account, see section 23, ante. 
 The sums hitherto paid have been the whole of the salaries of teachers in 
 poor law schools. 
 By 30 & 31 Vict. c. 84, s. 5, on reports made to the Lords of the Privy 
 Council with regard to the number and quality of the vaccinations performed 
 in the several vaccination districts in England, or any of them, the said Lords 
 might from time to time, out of moneys provided by Parliament, and under 
 regulations to be approved by the Treasury, authorise to be paid to any public 
 vaccinators, in addition to the payments received by them from guardians or 
 overseers, further payments not exceeding in any case the rate of one shilling 
 for each child whom the vaccinator had successfully vaccinated during the 
 time to which the award of the said Lords related. 
 In both of these cases the sums to be paid to the guardians of unions or 
 officers of other poor law areas will be ascertained and certified by the Local 
 Government Board. 
 
 (b) They shall pay to the guardians of every poor law union the 
 school fees paid for pauper children sent from a work- 
 house to a public elementary school outside the work- 
 house ; and 
 
 This provision meets the case of children not educated in the workhouse but 
 sent to a public elementary school. 
 
 (c) They shall pay to every local authority, for any area wholly 
 or partly in the county, by whom a medical officer of 
 health or inspector of nuisances is paid, one-half of the 
 salary of such officer, where his qualification, appoint- 
 ment, salary, and tenure of office are in accordance with 
 
 38 & 39 the regulations made by order under the Public Health 
 
 Vict. ¢. 56. Act, 1875, or any Act repealed by that Act, but if the 
 Local Government Board certify to the council that such 
 medical officer has failed to send to the Local Govern- 
 ment Board such report and returns as are for the time — 
 being required by the regulations respecting the duties 
 of such officer made by order of the Board under any of 
 the said Acts, a sum equal to such half of the salary shall 
 be forfeited to the Crown, and the council shall pay the " 
 
51 & 52 Vict. c. 41; 
 
 48 
 
 same into Her Majesty’s Exchequer and not to the said Sect. 24. 
 
 local authority ; and 
 
 At present every urban and rural sanitary authority must appoint one or 
 more medical officers of health and inspectors of nuisances, and in future if 
 any authority avail themselves of the services of a county medical officer under 
 section 17, sub-section (3), they are to be deemed to have made the necessary 
 appointment of a medical officer. (See sub-section (3), post.) 
 
 The qualification of medical officers of health, save in so far as it is expressly 
 provided by this Act (see section 18, ante), and the appointment, salary, Xc., 
 of these officers and the inspectors of nuisances, are prescribed by sections 
 ~189—191 of the Public Health Act, 1875, and various orders of the Local 
 Government Board, which will be found in Glen’s Local Government Orders. 
 
 As to the reports of the medical officer, see the note to section 19, sub- 
 section (1). The medical officer must send copies of these reports to the 
 county council, otherwise they may refuse to pay the contribution towards his 
 salary, but it is only in case of his failure to send the reports to the Board that 
 the amount of the contribution is to be paid into the Exchequer. 
 
 (d) They shall pay to the guardians paying the registrars of 
 births and deaths for any district wholly or partly in the 
 county a sum equal to the amount paid out of local grants 
 towards the remuneration of the registrars paid by those 
 guardians during the financial year ending on the thirty- 
 first day of March next after the passing of this Act; 
 and 
 
 This will be a fixed amount determined by the sum paid in the year ending 
 the 31st March, 1889. 
 
 The Acts relating to registrars of births and deaths are 6 & 7 Will. 4, c. 86; 
 1 Vict. c. 22 ; 29 & 30 Vict. c. 113, 8.1; 31 & 32 Vict. c, 122, 5. 26; 37 & 38 
 
 Vict. c, 88, Registrars are paid by the guardians under 6 & 7 Will. 4, c. 86, 
 8, 29, 
 
 (¢) They shall transfer to that account of the county fund to 
 which the maintenance of any pauper lunatic chargeable 
 
 to the county is charged, a sum equal to four shillings a ° 
 
 week for each such pauper lunatic, for whom the net 
 charge upon the county council, after deducting any 
 amount received by the county council for the main- 
 tenance of such lunatic from any source other than local 
 rates, is equal to or exceeds four shillings a week through- 
 out the period of maintenance for which the sum is so 
 transferred ; and 
 
 Pauper lunatics are chargeable to the county by virtue of justices’ orders 
 under 16 & 17 Vict. c. 97, 5. 98, They become so chargeable only when they 
 have no known union of settlement. The amounts referred to which may be 
 received by the county council may consist of property of the lunatic ordered 
 
 nee applied towards his maintenance under section 104 of that Act or the 
 a4: 
 
 (f) They shall pay to the guardians of every poor law union 
 wholly or partly in the county a sum equal to four 
 
 UB-S. 2c, 
 
44 
 Sect. 24. 
 SUB-S, 2/. 
 
 Local Government (England & Wales) Act, 1888. 
 
 shillings a week for each pauper lunatic chargeable to 
 that union, and maintained in an asylum, registered 
 hospital, or licensed house, for whom the net charge 
 upon the guardians, after deducting any amount received 
 by them for the maintenance of such lunatic from any 
 source other than local rates, is equal to or exceeds four 
 shillings a week throughout the period of maintenance 
 for which the sum is so paid; and 
 
 A pauper lunatic is chargeable to the union from which he is sent unless he 
 be adjudged chargeable to another union. See 16 & 17 Vict. c. 97, ss. 95—101 
 
 (7) They shall pay to the council of each borough to which the 
 maintenance of any pauper lunatic is chargeable, a sum 
 equal to four shillings a week for each such pauper lunatic 
 for whom the net charge upon the council of the borough, 
 after deducting any amount received by them for the 
 maintenance of such lunatic from any source other than 
 local rates, is equal to or exceeds four shillings a week 
 throughout the period of maintenance for which the sum 
 is so paid; and 
 
 It is provided by 25 & 26 Vict. c. 111, s. 45, that if a pauper lunatic whose 
 settlement cannot be found is sent to an asylum from a borough which has a 
 separate quarter sessions and is not liable under 5 & 6 Will. 4, c. 76, s. 117. to 
 county rates, or which under 12 & 13 Vict. c. 82, is exempted from liability 
 to contribute to the payment of the expenses incurred for maintaining pauper 
 lunatics chargeable to the county in which such borough is situate, such lunatic 
 shall be adjudged to be chargeable to the borough in which he is found. 
 
 With reference to this section it was held in Birmingham (Guardians of) 
 v. Beaumont, 8 EK. & B. 870 ; 27 L. J. M. C. 181; 4 Jur. (W.8.) 686 ; 22 J. P. 
 82; 2E.& EB. 181; 291. J. M.C. 56; 6 Jur. (w.s.) 218; 24 J. P. 85, that 
 though the borough be exempt from contributing to the county rates in respect 
 of the county lunatic asylum, or the expenses of the pauper lunatics therein, or 
 of gaols, coroner’s inquests, or the like, yet if it does under 5 & 6 Will. 4, 
 c. 76,8. 117, contribute to the county rate in respect of all other sums of 
 money expended out of the county rate for purposes for which boroughs 
 having coroners, quarter sessions, gaols, and lunatic asylums of their own are 
 liable to contribute, the borough will not be liable to pay the expense of main- 
 taining a pauper lunatic whose settlement cannot be ascertained. 
 
 (h) They shall transfer to that account of the county fund to 
 which the compensation payable to the clerk of the peace 
 of a county, or any other officer of quarter sessions for 
 the county, under section eighteen of the Act of the 
 session of the eighteenth and nineteenth years of the 
 reign of Her present Majesty, chapter one hundred and 
 twenty-six, is charged, the amount of such compensation ; 
 and 
 
 The 18 & 19 Vict. c. 26, 8.18, provides as follows :—‘ Immediately after the 
 passing of this Act, the Commissioners of Her Majesty’s Treasury shall, upon 
 
51 & 52 Vict. c. 41. 45 
 
 the application of any clerk of the peace or other officer of quarter sessions, by Sect. 24. 
 such means and in such manner as they may think proper, inquire into and NOTE 
 ascertain the annual amount to be computed upon an average of five years SUB-S.2h 
 immediately preceding the passing of this Act or of such shorter period as oo 
 such clerk of the peace or other officer shall have been in office, of the fees and 
 emoluments in criminal prosecutions received by the clerk of the peace or such 
 
 other officer, and the said Commissioners shall on the like application also 
 ascertain, in such manner as they may think proper, the total amount of fees 
 
 and emoluments in criminal prosecutions received by such clerk of the peace 
 
 or other officer during any year after the passing of this Act, and the said 
 Commissioners are hereby authorised and empowered by warrant under their 
 
 hands to award to such clerk of the peace or other officer the deficiency when 
 
 and so often as the same shall occur between the last-mentioned amount and 
 
 the annual average amount so ascertained as aforesaid, and the sum so awarded 
 
 shall be paid out of any moneys which may be provided by Parliament for 
 
 that purpose : Provided that in all cases where any such clerk of the peace, by 
 
 reason of his being paid by salary under an order made by virtue of 14 & 15 
 
 Vict. ¢. 55, shall pay such fees and emoluments as aforesaid to the treasurer 
 
 of the county or borough for which he is clerk of the peace in aid of the 
 
 county or borough rate, as the case may be, such deficiency when so ascer- 
 
 tained as aforesaid shall be paid to the treasurer of such county or borough 
 
 respectively.” 
 
 (t) They shall, subject to the provisions of this Act, transfer to 
 the police account of the county fund a sum equal to one-, 
 half of the costs of the pay and clothing of the police of 
 the county during the preceding year; and 
 
 One half the cost of the pay and clothing of the county police will be paid 
 out of this fund, | 
 
 (j) They shall, subject to the provisions of this Act, pay to the 
 council of each borough maintaining a separate police 
 force under the County and Borough Police Acts, one- 
 half of the costs of the pay and clothing of the police of 
 that borough during the preceding year; and 
 
 The County and Borough Police Act is the 19 & 20 Vict. c. 69; see sub- 
 
 section (4), post. The reference to the provisions of this Act is to section 39, 
 by which the separate police force in the smaller boroughs is abolished. 
 
 c 
 
 (k) They shall, if within their county sums are raised by rates 
 for the purpose of the metropolitan police, pay to the 
 receiver for the Metropolitan Police District in each year, 
 a sum bearing such proportion to the sum actually raised 
 in the same year by rates from the parishes in that 
 county for the said purpose as a Secretary of State certi- 
 fies to be the proportion which would have been con- 
 tributed out of the Exchequer under the arrangement in 
 
 force during the financial year next before the passing of 
 this Act. 
 
 The Metropolitan Police Rate Act, 1868 (31 & 32 Vict. c. 67), section 2, 
 provides that the annual sum to be provided in pursuance of the Acts relating 
 
4G Local Government (England ¢ Wales) Act, 1888. 
 
 Sect, 24, to the metropolitan police force shall not exceed ninepence in the pound, 
 Note calculated on the full annual value of all property rateable to the relief of the 
 SuB-S. 2k, poor within the parishes and places comprised in the Metropolitan Police 
 — District, and of such annual sum to be so provided, one-fourth part shall be 
 contributed by the Treasury out of moneys for that purpose provided by Par- 
 liament'and three-fourth parts shall be raised by a rate in manner provided by 
 the said Acts. By the Police Expenses Act, 1875, 38 & 39 Vict. c. 48, s. 2, so 
 much of any Act as limits the amount authorised to be contributed by the 
 Treasury out of moneys provided by Parliament towards the expenses of any 
 police force in Great Britain to the particular amount or a particular propor- 
 tion of any annual sum or charge specified in such Act, shall, during the con- 
 tinuance of the Act, be repealed. This Act is continued in force from year to 
 year by the Expiring Laws Continuance Acts, and is now in force by virtue of 
 50 & 51 Vict. c. 63. 
 Tt will be observed that there is at present no limit to the amount which may 
 be contributed by the Treasury. 
 The Acts relating to the expenses of the metropolitan police are 10 Geo. 4, 
 c.44; 2&3 Vict. c. 47; 19 & 20 Vict. c. 2; 20 & 21 Vict. c. 64; 24 & 26 
 Vict. c. 124; and the Acts above mentioned. 
 The boundaries of the Metropolitan Police District are fixed by the 10 Geo. 4, 
 ce. 44, and by Orders in Council made under 2 & 3 Vict. c. 47; and 3 & 4 Vict. 
 c. 84. The district now comprises an area within about fifteen miles from 
 
 Charing Cross. 
 
 (3) A reference in sections one hundred and eighty-nine and one 
 hundred and ninety-one of the Public Health Act, 1875, to officers 
 any portion of whose salary is paid out of moneys provided by 
 Parliament shall be construed to refer to those officers in respect of 
 whose salaries payment is made by a county council in pursuance 
 of this section. 
 
 The Public Health Act, 1875, ss. 189 and 191, are as follows :— 
 
 “ 189, Every urban authority shall from time to time appoint fit and proper 
 persons to be medical officer of health, surveyor, inspector of nuisances, clerk, 
 and treasurer: Provided that if any such authority is empowered by any other 
 Act in force within their district to appoint any such officer, this enactment 
 shall be deemed to be satisfied by the employment under this Act of the officer 
 so appointed, with such additional remuneration as they think fit, and no 
 second appointment shall be made under this Act. Every urban authority 
 shall also appoint or employ such assistants, collectors, and other officers and 
 servants as may be necessary and proper for the efficient execution of this Act, 
 and may make regulations with respect to the duties and conduct of the officers 
 and servants so appointed or employed. 
 
 “Subject in the case of officers any portion of whose salary is paid out of 
 moneys voted by Parliament, to the powers of the Local Government Board 
 under this Act, the urban authority may pay to the officers and servants so 
 appointed or employed such reasonable salaries, wages, or allowances as the 
 urban authority may think proper; and, subject as aforesaid, every such officer 
 and servant appointed under this Act shall be removable by the urban authority, 
 at their pleasure.” 
 
 “191. A person shall not be appointed medical officer of health under this 
 Act unless he is a legally qualified medical practitioner ; and the Local Govern- 
 ment Board shall have the same powers as it has in the case of a district 
 medical officer of a union with regard to the qualification, appointment, duties, 
 salary and tenure of office of a medical officer of health or other officer of a 
 local authority any portion of whose salary is paid out of moneys voted by 
 Parliament, and may by order prescribe the qualification and duties of other 
 medical officers of health appointed under this Act. 
 
 wy 
 
51 &@ 52 Vict. c. 41. 47 
 
 “The same person may, with the sanction of the Local Government Board, Sect. 24. 
 be appointed medical officer of health or inspector of nuisances for two or NOTE 
 more districts, by the local authorities of such districts; and the Local Govern- SUB-S, 3. 
 ment Board shall by order prescribe the mode of such appointment, and the — 
 proportions in which the expenses of such appointment, and the salary and 
 charges of such officer shall be borne by such authorities, 
 
 “ Any district medical officer of a union may, with the sanction of the Local 
 Government Board, and subject to such conditions as the said board may 
 prescribe, be appointed a medical officer of health; and’a medical officer of 
 health may exercise any of the powers with which an inspector of nuisances is 
 invested by this Act. 
 
 “Tn case of illness or incapacity of the medical officer of health a local 
 authority may appoint and pay a deputy medical officer, subject to the approval 
 of the Local Government Board.” 
 
 (4) Where any payment towards the pay and clothing of the 
 police of any town has been made in pursuance of section eighteen 
 of the County and Borough Police Act, 1856, which authorises 19 & 20 
 such payment to be made until the discontinuance of the police, Vict-¢ 69. 
 the like payment shall, notwithstanding anything in this section, be * 
 made by the county council to the authority of such town until 
 such discontinuance. 
 
 The 19 & 20 Vict. c. 69, s. 18, provides that “until the constables or 
 watchmen appointed in and for any parish, town, or place under the 3 & 4 
 Will. 4, c. 90, or under any local Act authorising the appointment of constables 
 or watchmen, and authorising rates to be made and levied for the purpose of 
 defraying the expenses of such constables or watchmen, are discontinued as a 
 separate force in manner provided by section 20 of the 3 & 4 Vict. c. 88, and 
 by this Act, all the provisions of this Act applicable to the constables of any 
 borough acting under the 5 & 6 Will. 4, c. 76, shall be applicable to the 
 constables or watchmen appointed under the 3 & 4 Will. 4, c. 90, or under 
 such local Act as aforesaid, in and for such parish, town, or place, and until 
 such discontinuance, all the provisions of this Act applicable to the watch 
 . committee of a borough shall be applicable to the inspectors, commissioners, 
 or other persons having the appointment of constables or watchmen in and for 
 such parish, town, or place; and the police of such parish, town, or place 
 shall be visited and inquired into by the inspectors under this Act ; and the 
 provision in this Act enabling the Commissioners of Her Majesty’s Treasury 
 to make payment towards the expenses of the police of a borough having a 
 population exceeding 5,000, shall, until such discontinuance, extend to the 
 police of such parish, town, or place as aforesaid having the like population,” 
 
 (5) Where a sum is payable under this section to the guardians, 
 authority, or officer of a union or other area, and such union or 
 area is situate in more administrative counties than one, a pro- 
 portionate part only of the sum otherwise payable shall be paid by 
 the council of each of such counties to the guardians, authority, or 
 officer, and the Local Government Board shall certify the pro- 
 portionate part due from the council of each such county. 
 
 For the definition of “administrative county,” see section 100, post. This 
 
 provides for the numerous cases of unions and similar areas which extend 
 into more than one county. 
 
48 Local Government (England & Wales) Act, 1888. 
 
 Sect. 24. (6) The guardians, authority, or officer to whom a sum is pay- 
 oe 6. able under this section on the certificate of the Local Government 
 
 Board, shall submit to the Board their claim to the payment in | 
 such manner, and produce such evidence and comply with such 
 rules as the Board from time to time require or make, and the 
 Board shall fix the amount due on the like principles, and may 
 impose the like conditions for the payment thereof as before the 
 passing of this Act.’ 
 
 (7) The Local Government Board may, if they think fit, vary a 
 certificate granted for the purposes of this section, but, unless so 
 varied, it shall be conclusive. 
 
 As to 25, (1) Ifa Secretary of State withholds, as respects the police wf 
 Se Raat of any county, his certificate under the County and Borough Police 
 
 power ree Act, 1856, that the police of the county has been maintained in a 
 
 reas state of efficiency in point of numbers and discipline during the 
 
 of police. year ending on the twenty-ninth day of September, then last past, 
 the council of that county, in lieu of transferring any sum under 
 the foregoing provisions of this Act to the police account of the 
 county fund, shall forfeit to the Crown, and shall pay into Her 
 Majesty’s Exchequer out of the county fund, and shall charge to 
 the Exchequer Contribution Account of that fund, such sum as the - 
 Secretary of State certifies to be in his opinion equivalent to one 
 half of the cost of the pay and clothing of the police of the county 
 during the said year. 
 
 By the 19 & 20 Vict. c. 69, s. 15, Her Majesty is empowered to appoint 
 inspectors whose duty it is to visit and inquire into the state and efficiency of 
 the police appointed for every county and borough, and whether the provisions 
 of the Acts under which the police are appointed are duly observed and 
 carried into effect, and also into the state of the police stations, charge rooms, 
 cells, or lock-ups, or other premises occupied for the use of the police; and 
 each of such inspectors is to report to a Secretary of State, who is to cause the 
 report to be laid before Parliament, and the inspectors are to be paid out of 
 moneys provided by Parliament. By section 16, on the certificate of a 
 Secretary of State that the police of any county or borough has been main- 
 tained in a state of efficiency in point of number and discipline for the year 
 ending on the 29th September then last past, the Treasury may pay out of 
 moneys provided by Parliament such sum towards the expenses of the police 
 as shall not exceed one-fourth of the charge for their pay and clothing (but 
 such payment is not to extend to additional constables appointed under 3 & 4 
 Vict. c. 88, 8. 19): Provided that before any certificate shall be finally with- 
 held in respect of the police of any county or borough, the report of the 
 inspector shall be sent to the justices or the watch committee, as the case may 
 be, and in every case in which the certificate is withheld a statement of the 
 grounds on which the Secretary of State has withheld such certificate, together 
 with any such statement of the justices or watch committee, shall be laid before 
 Parliament. The proportion payable by the Treasury is not limited to one- 
 fourth since the passing of 38 & 39 Vict. ¢. 48, s. 2, set out in the note to 
 
51 & 52 Vict. c. 41, 49 
 
 section 23, sub-section (2) (#), ante. The grant by the Treasury will cease Sect. 25, 
 after this Act comes into operation and will be replaced by the grant out of NovE 
 the Exchequer Contribution Account under section 24, sub-section (2), ante, SuB-S. 1. 
 In future, if the certificate is withheld, the grant is to be paid into the ferris 
 Exchequer (see section 27, post), instead of being placed to the credit of the 
 
 police account. 
 
 (2) If a Secretary of State withholds, as respects the police of 
 any borough, his certificate under the County and Borough Police 49 ¢ 99 
 Act, 1856, that the police of the borough has been maintained in Vict. c. 96. 
 a state of efficiency in point of numbers and discipline for the year 
 ending on the twenty-ninth day of September then last past, no 
 payment shall be made by the county council to the council of 
 the borough in respect of one-half of the costs of the pay and 
 clothing of the police of that borough during the said year, and 
 such amount as a Secretary of State certifies to be in his opinion 
 the equivalent of such one-half shall be transferred by the county 
 council from the Exchequer Contribution Account to the general 
 county account and applied to the general purposes of the county. 
 
 See the note to the preceding sub-section. 
 
 In this case if the certificate is withheld the grant is to be paid to the general 
 county account, as to which see section 68, post. 
 
 26. (1) After the thirty-first day of March next after the passing Grant by 
 
 t 
 of this Act, every county council, other than the London County peor 
 
 Council, shall grant to the guardians of every poor law union evans 
 . . COSsts O 
 
 wholly or partly in their county, an annual sum for the costs of the oficersicn 
 officers of the union and of district schools to which the union union. 
 contributes; and, until Parliament otherwise determine, the said 
 annual sum shall be such sum as the Local Government Board 
 
 certify to have been expended by the guardians of each poor law 
 union during the financial year ending the twenty-fifth day of 
 March next before the passing of this Act, on the salaries, 
 remuneration, and superannuation allowances of the said officers 
 (other than teachers in poor law schools), and on drugs and 
 medical appliances. 
 
 The 31st of March will be the end of the financial year. See section 73, 
 post, ; 
 
 The grant by the London County Council to the poor law unions is regulated 
 by section 43, post. P 
 
 The annual grant has hitherto been made out of moneys provided by Parlia- 
 ment. This grant during the present year will be made as provided by section 
 121, post. 
 
 Unions, or parishes not in unions, may be combined into school districts for 
 the management of any class or classes of infant poor under the age of sixteen 
 
 years chargeable to any such union or parish, who are orphans or deserted by 
 their parents, or whose parents or surviving parent or guardians consent to 
 
 E 
 
50 
 Sect. 26. 
 NOTE 
 SuB-S. 1. 
 
 Supple- 
 mental 
 provisions 
 
 Local Government (England & Wales) Act, 1888. 
 
 the placing of such children in the school of the district. The Acts containing 
 provisions relating to district schools are 7 & 8 Vict.c. 101; 11 & 12 Vict. c. 82; 
 29 & 30 Vict. c. 113; 30 & 31 Vict. c. 106; 31 & 32 Vict. c. 112; 42 & 43 
 
 Vict. c. 54. 
 The amount of the grant will, until Parliament otherwise determine, be the 
 sum certified to have been expended during the year ending 25th March, 1889. 
 The salaries, &c., of teachers in poor law schools are provided for by the 
 grant out of the Exchequer Contribution Account under section 24, sub-section 
 
 (2), ante. a ia 
 The grant under this section will be paid out of the Exchequer Contribution 
 
 Account as provided by section 23, sub-section (2), ante. 
 
 (2) Where a poor law union is situate in more counties than 
 one, the payment under this section to the guardians of the union 
 shall be borne by the counties in which each portion of such union 
 is situate, in proportion to the rateable value of that portion, 
 ascertained on such day as the Local Government Board may 
 fix. 
 
 The rateable value is to be ascertained by the standard or basis of the county 
 rate, or if there is no such standard then by the valuation lists; see section 
 
 100, post. 
 
 27. (1) Where a county council are required under the pro- 
 visions of this or any other Act to pay any sum into Her Majesty’s 
 
 as to Local Exchequer, or to the Treasury, or to the Receiver for the Metro- 
 
 Taxation 
 Account 
 and Ex- 
 chequer 
 ontri- 
 bution 
 Account, 
 
 politan Police District, such sum shall be deducted from the amount 
 payable under the provisions of this Act out of the Local Taxation 
 Account to snch county council, and instead of being paid to the 
 county council, shall be paid into Her Majesty’s Exchequer, or 
 to the Receiver for the Metropolitan Police District, as the case 
 requires. 
 
 Sums are payable into the Exchequer under section 24, sub-section (2) (ce), 
 section 25, sub-section (1). } 
 The Treasury means the Commissioners of Her Majesty’s Treasury. See 
 
 section 100, post. 
 Sums are payable to the Receiver of the Metropolitan Police District under 
 
 section 24, sub-section (2) (2). 
 
 The text provides in effect that the total sum shall not be paid out of the 
 Local Taxation Account and then partly repaid, but deducted in the first 
 instance and paid directly to the Exchequer by the Commissioners of Inland 
 Revenue. 
 
 (2) The account of the receipts and expenditure of the Local 
 Taxation Account shall be audited as a public account by the 
 Comptroller and Auditor-General in accordance with such regula- 
 
 tions as the Treasury may from time to time make. 
 The regulations here referred to have not yet been made. 
 
 (3) If at any time in any financial year the moneys standing to 
 the Local Taxation Account are insufficient to meet such sums ag 
 
51 ¢ 52 Vict. c. 41. 
 
 51 
 
 _ the Local Government Board consider proper for the time being to pects 27. 
 
 pay thereout, the Local Government Board may borrow tempo- 
 rarily on the security of the said account and of moneys becoming 
 payable thereto such sums as they require for the purpose of 
 meeting such deficiency, and the Bank of England may lend such 
 sums, but all sums so borrowed shall be repaid with the interest 
 thereon during the same financial year out of moneys payable to the 
 said account. 
 
 The Bank of England means the Governor and Company of the Bank of 
 
 England. See section 100, post. 
 As to the financial year, see section 73, post. 
 
 General Provisions as to Transfer. 
 
 28. (1) The county council shall, as respects the business by 
 this Act transferred to them from quarter sessions or the justices 
 
 UB-S., 3 
 
 General 
 provisions 
 as to 
 
 out of sessions, be subject to the provisions and limitations in this powers 
 
 Act specified, but, save as aforesaid, shall have and be subject to ; 
 
 rans- 
 erred to 
 
 all the powers, duties, and liabilities which the quarter sessions, or county 
 
 any committee thereof,or any justice or justices had or were subjec 
 to in respect of the business so transferred. 
 
 The business here referred to is that transferred by sections 3, 4, 7, and 9, * 
 
 ante. Asto the limitations in this Act specified, see section 78, post. And as 
 to the settlement of disputes as to transfer see the next section. 
 
 (2) The county council shall, with the exceptions hereinafter 
 mentioned, have power to delegate, with or without any restrictions 
 or conditions as they may think fit, any powers or duties trans- 
 ferred to them by or in pursuance of this Act, either to any com- 
 mittee of the county council appointed in pursuance of this Act, or 
 to any district council in this Act mentioned; the county council 
 may also, without prejudice to any other power whether to appoint 
 committees or otherwise, delegate to the justices of the county 
 sitting in petty sessions any power or duty transferred by this Act 
 to the county council in respect of the licensing of houses or 
 places for the public performance of stage plays, and in respect of 
 the execution as local authority of the Explosives Act, 1875, or of 
 the Act relating to contagious diseases of animals. 
 
 Committees of the county council are appointed in pursuance of the Municipal 
 Corporations Act, 1882, section 22, post, which is applied to county councils by 
 section 75 of this Act. The proceedings of committees are regulated by 
 section 82. Joint committees are appointed under section 81. 
 
 District councils are, as regards highways, the highway authorities, and as 
 
 regards other matters, sanitary authorities, urban and rural See section 100, 
 post, 
 
 E 2 
 
 t council, 
 
 38 & 39 
 Vict, c. 17, 
 
62 Local Government (England & Wales) Aet, 1888. 
 
 Sect. 28. The duties which may be delegated to justices are those transferred by 
 
 NoTE _ section 7, ante, and the execution of the Contagious Diseases (Animals) Acts. 
 
 SuB-S. 2. These duties must of necessity be performed by local bodies. Certain transitory 
 
 5 provisions as to committees for the execution of the Contagious Diseases 
 
 (Animals) Acts are contained in section 112, post. It is presumed that 
 
 though the committees appointed under this section must be composed only 
 
 of members of the council, yet the council may under the Contagious Diseases 
 
 (Animals) Act, 1878, appoint committees consisting partly of persons not 
 
 members of the council. Such a power seems to follow from the provisions of 
 sub-section (1), ante. 
 
 (8) Provided that the county council shall not under this section 
 delegate any power of raising money by rate or loan. 
 
 As to the rates to be made by the county council, see section (3) (i.), ante, 
 As to borrowing by county councils, see section 69, post. 
 
 Saeed 29, If any question arises, or is about to arise, as to whether 
 ing for any business, power, duty, or liability is or is not transferred to 
 
 pales any county council or joint committee under this Act, that question, 
 questions Without prejudice to any other mode of trying it, may, on the 
 as to application of a chairman of quarter sessions, or of the county 
 transfer of : ; : 
 powers, Council, committee, or other local authority concerned, be sub- 
 mitted for decision to the High Court of Justice in such summary 
 manner as, subject to any rules of court, may be directed by the 
 court ; and the court, after hearing such parties and taking such 
 
 evidence (if any) as it thinks just, shall decide the question. 
 
 As to joint committees, see sections 46, 81, 82, post. 
 
 The rules of the High Court under this section have not yet been made. 
 
 The local authority here referred to is probably the local authority whose 
 Bee and duties are alleged to be or not to be transferred to the county 
 council. 
 
 Stanang 30, (1) For the purposes of the police, and the clerk of the 
 joint com- peace, and of clerks of the justices, and joint officers, and of 
 
 ittee of : " hs 
 Tatas matters required to be determined jointly by the quarter sessions 
 
 spe ; and the council of a county, there shall be a standing joint com- 
 council» Mittee of the quarter sessions and the county council, consisting of 
 forthe such equal number of justices appointed by the quarter sessions 
 af jolie: and of members of the county council appointed by that council ag 
 clerk of | may from time to time be arranged between the quarter sessions 
 
 ater and the council, and in default of arrangement such number taken 
  ~ equally from the quarter sessions and the council as may be directed 
 by a Secretary of State. 
 
 As to the appointment of the standing joint committee and their tenure of 
 office, see section 81, post. A committee may be appointed under that section 
 for two or more counties or county boroughs. The proceedings of the committee 
 will be regulated by section 82, post. 
 
 The control of the county police is transferred to the standing joint 
 committee by section 9, ante. 
 
51 & 52 Vict. c. 41. 
 
 53 
 
 Clerks of the peace will in future be appointed by this committee under Sect, 30. 
 
 section 83, post. 
 
 NOTE 
 
 This committee will fix and pay the salaries of justices’ clerks under section SuB-S. 1. 
 
 84, post. 
 
 As to joint officers, see section 118, post. 
 
 The committee will consist of an equal number of justices and members of 
 the county council. If the number cannot be agreed upon itis to be determined 
 by the Secretary of State. 
 
 (2) The joint committee shall elect a chairman, and, in the case 
 of an equality of votes for two or more persons as chairman, one 
 of those persons shall be elected by lot. 
 
 There will be no casting vote in the election of the chairman. But it seems 
 to follow from sections 81, 82, post, that the chairman, when elected, will have 
 a casting vote. 
 
 (8) Any matter arising under this Act with respect to the police, 
 or to the clerk of the peace, or to clerks of the justices, or to 
 officers who serve both the quarter sessions or justices and the 
 county council, or to the provision of accommodation for the 
 quarter sessions or justices out of sessions or to the use by them or 
 the police or the said clerks of any buildings, rooms, or premises, 
 or to the application of the Local Stamp Act, 1869, to any sums 
 received by clerks to justices, or with respect to anything incidental 
 to the above-mentioned matters, and any other matter requiring to 
 be determined jointly by the quarter sessions and county council, 
 shall be referred to and determined by the joint committee under 
 this section ; and all such expenditure as the said joint committee 
 determine to be required for the purposes of the matters above in 
 this section mentioned shall be paid out of the county fund, 
 and the council of the county shall provide for such payment 
 accordingly. 
 
 As to the police, clerk of the peace, justices’ clerk, and joint officers, see the 
 sections of this Act referred to in note to sub-section (1), ante. 
 
 The Acts under which shire and county halls, assize courts, and judges’ 
 lodgings are provided and maintained are 7 Geo. 4, c. 63; 7 Will. 4, and 1 
 Vict. c. 24; 2 & 3 Vict. c. 69; 10 & 11 Vict. c. 38; and 35 & 36 Vict. ¢. 7. 
 Buildings for petty sessions are provided under 12 & 13 Vict. c. 18, ss. 2, 3 ; 
 31 & 32 Vict. c. 22; 42 & 43 Vict. c. 49, ss. 20, 30; and 47 & 48 Vict. ¢. 43, 
 s.8. By the 13 & 14 Vict. c. 61, s. 24, any town hall, court house, or other 
 public building belonging to any county, city, borough, or town may be used 
 for the purposes of holding county courts without any charge for rent or other 
 payment, save and except the reasonable and necessary charges for lighting 
 and cleaning when such building is used for the purposes of the courts, and 
 for all other expenses necessarily incident to use of the said building for the 
 purposes of the courts : Provided always that the necessary arrangement shall 
 be made so that the sittings of the said courts shall not interfere with the 
 business of the county, city, borough, or town usually transacted in such town 
 hall, court house, or other public building, or with any purposes for which such 
 town hall, court house, or other public building may be used by virtue of any 
 local Act in that behalf : Provided also that this enactment shall not apply to 
 
 32 & 33 
 
 Vict. c. 49. 
 
o4 Local Government (England & Wales) Act, 1888. 
 
 Sect. 30, any city, borough, or town in which a building has previously to the passing 
 NotrE of this Act been erected for the purpose of holding the courts under the said 
 Sus-S. 3, Act and for the business connected with such courts, nor shall anything in 
 —- this Act contained be held, deemed, or taken to prejudice, affect, or otherwise 
 ~ interfere with any lease, contract, agreement already entered into for the 
 leasing, erection, hiring, or occupation of any building for the purposes of 
 holding such courts therein and transacting therein the business relating to 
 such courts. See also section 54, post, as to the providing of accommodation 
 for quarter sessions and justices. 
 As to the Local Stamp Act, 1869, see the note to section 3 (xiil.), ante, p. 11. 
 The fees and costs payable to justices’ clerks are to be paid into the county 
 fund, and the standing joint committee take the place of the quarter sessions 
 and local authority in the enactments relating to the salaries and fees of 
 justices’ clerks. See section 84, post. 
 As to the county fund, see section 68, post. 
 
 PART II. 
 
 APPLICATION oF Act to Borouaus, THE METROPOLIS, AND CERTAIN 
 SPECIAL CouUNTIES. 
 
 Application of Act to Boroughs. 
 Chrtein 31, Each of the boroughs named in the Third Schedule to this 
 
 paee i Act being a borough which on the first day of June one thousand 
 wie * eight hundred and eighty-eight either had a population of not less 
 ween than fifty thousand or was a county of itself shall, from and after 
 scneaule to 
 
 Sah are the appointed day, be for the purposes of this Act an adminis- 
 boroughs, trative county of itself, and is in this Act referred to as a county 
 \ borough. 
 
 Provided that for all other purposes a county borough shall con- 
 tinue to be part of the county (if any) in which it is situate at the 
 passing of this Act, and if a separate commission of assize, oyer 
 and terminer, or gaol delivery is not directed to be executed within 
 the borough, the borough shall, for the purposes of any such com- 
 mission, and of the service of jurors, and the making of jury lists, 
 be part of the county in which it is specified in the said schedule 
 to be deemed for the purposes of this Act to be situate. 
 
 See the third schedule, pest. 
 
 As to the appointed day, see section 109, post. 
 
 For the definition of the phrase ‘ administrative county,” see section 100, 
 post. 
 
 “The purposes of this Act” as applied to county boroughs appear from 
 section 34, post. 
 
 The principal Acts relating to the service of jurors and the jury lists are 
 6 Geo. 4, c. 50 ; 25 & 26 Vict. c. 107; 33 & 34 Vict. c. 77. 
 
 Adjust- 32. (1) An equitable adjustment respecting the distribution of 
 
 ment of : , a ewe as yi 
 iach the proceeds of the local taxation licenses, and probate duty grant, 
 
51 d 52 Vict. c. 41. 
 
 and respecting all other financial relations, if any, between each 
 county, and each county borough specified in the said schedule as 
 being deemed for the purposes of this Act to be situate in that 
 county, shall be made by agreement, within twelve months after 
 the appointed day, between the councils of each county and each 
 borough, and in default of any such agreement, by the Commissioners 
 appointed under this Act; and such adjustment shall provide, in 
 the case of any expenses which may in future be incurred by the 
 county wholly or partly on behalf of the borough for the liability 
 of such borough to contribute, and save as provided by this Act, 
 any existing liability to contribute or to incur expense shall, after 
 the appointed day, cease, and an equitable provision for such 
 cessation shall be made in the adjustment. 
 
 By section 33, post, county boroughs are entitled to receive a share from 
 
 the local taxation account like other administrative counties. But as the 
 amounts payable are to depend to some extent (see section 22, ante) upon 
 the grants hitherto made to each county before the county boroughs were 
 separated from it, this section provides for an equitable adjustment of the 
 share of each county between that county, exclusive of the county boroughs 
 within it, and the county boroughs. This adjustment may be made by agree- 
 
 ment, or, failing agreement, by the Commissioners appointed under section 61, 
 ost. 
 
 The liabilities of the borough to contribute which are to continue are 
 enumerated in sub-section (3). 
 
 (2) Where a county borough is specified in the said schedule as 
 being deemed for the purposes of this Act to be situate in more 
 than one county, the necessary adjustment shall be made between 
 the counties. 
 
 (3) In such adjustment regard shall be had to the existing 
 property, debts, and liabilities (if any) connected with the financial 
 relations of the county and borough, and to the consideration that 
 the county is not to be placed in any worse financial position by 
 reason of the boroughs therein being constituted county boroughs, 
 and that a county borough is not to be placed in a worse financial 
 position than it would have been if it had remained part of the 
 county and had shared in the division of the sums received by a 
 county in respect of the license duties and the probate duty grant, 
 as provided by this Act, and to the amount of benefit and value 
 of the services which the borough receives in return for existing 
 contributions, if any, and to all the circumstances of each case 
 which it appears equitable to consider, subject nevertheless to the 
 following provisions :— 
 
 (a) Where separate commissions of assize, oyer and terminer, 
 
 and gaol delivery are not directed to be executed in a 
 
 59 
 Sect. af 
 
 SUB-S. 
 
 relations 
 between 
 counties 
 and county 
 boroughs. 
 
Local Government (England & Wales) Act, 1888. 
 
 county borough, the borough council shall contribute a 
 proper share of the costs of and incidental to the. assizes 
 of the county: 
 
 (0) If the borough is not at the passing of this Act a quarter 
 sessions borough, the borough council shall contribute a 
 proper share of the costs of and incidental to the quarter 
 sessions and petty sessions of the county, and of and 
 incidental to the coroners of the county or any franchise 
 therein, and if a grant of a court of quarter sessions is 
 hereafter made to the borough, the borough shall redeem 
 the lability to such contribution, on such terms as may 
 be agreed upon, or, in default of agreement, may be 
 determined by arbitration under this Act: 
 
 (c) Where any portion of the costs of building and furnishing 
 any county lunatic asylum has been contributed by a 
 county borough, then, until a new arrangement is made 
 between the county and borough councils, the borough 
 council shall contribute in respect of the lunatic asylums 
 for the time being of the county the like amount as 
 would, if this Act had not passed, have been contributed 
 by the borough; and the county council shall provide 
 accommodation for and maintain pauper lunatics sent 
 from the borough on the like terms as before the passing 
 of this Act; and the borough council may, if they so 
 desire, appoint to be members of the committee of 
 visitors of any such asylum such number of members of 
 the council as may be agreed upon, or in default of — 
 agreement be determined by the Commissioners under 
 this Act, but such appointment shall be in substitution 
 for any appointment made on the part of the borough 
 under any existing law or arrangement. Any new 
 arrangement may be made between the county council 
 and all the borough councils concerned with respect to 
 any such lunatic asylum, and if any such new arrange- 
 ment is made, the borough and county councils may 
 carry into effect any adjustment of property, debts, and 
 liabilities which is the subject of such arrangement. If 
 any council desires to make a new arrangement, and any 
 or all of the other councils refuse to agree to the same, 
 the matter shall be referred to the Commissioners under 
 this Act, or, after they have coma to hold office, to 
 arbitration under this Act : 
 
51 & 52 Vict. c. 41. 
 
 (d) Hach county borough shall be liable for the maintenance of 
 pauper lunatics in like manner as any other county. 
 
 The earlier part of this sub-section confers the widest possible discretion 
 upon the persons entrusted with the making of the adjustment. It will be 
 necessary to apportion between the county and the borough the existing 
 property, debts, and liabilities in which they have hitherto had a joint interest. 
 But the chief difficulty will consist in the apportionment of the sums to be 
 paid out of the local taxation account, so that, as far as. possible, both the 
 county and the borough shall be in the same position financially as hitherto. 
 No attempt can be made to lay down general rules for guidance in making 
 this adjustment. 
 
 The expression “costs of assizes” is defined by section 100, post. The 
 same section provides that the term “assizes” shall include the Central 
 Criminal Court. 
 
 If the borough is not a quarter sessions borough it will, for the purpose of 
 the appointment and jurisdiction of the coroner, form part of the county, 
 subject, however, to the provisions of section 34, sub-sections (4), (5), post. 
 
 Arbitration under the Act is regulated by section 62, post, which also 
 provides for the method by which a liability is to be redeemed. 
 
 A portion of the cost of building a county asylum may have been 
 contributed by the borough under 16 & 17 Vict. c. 97; 18 & 19 Vict. c. 105; 
 19 & 20 Vict. c. 87; 26 & 27 Vict. c. 110; 28 & 29 Vict. c. 80 ; which will be 
 found set out in Archbold’s Law of Lunacy. The existing state of things 
 under these Acts is to continue until a new arrangement is made and the 
 property, debts, and liabilities adjusted, as stated in the text. As to the 
 adaptation of the Lunacy Acts to the provisions of this Act, see section 86, 
 post. 
 
 The county boroughs will be liable for the maintenance of pauper lunatics 
 adjudged chargeable to them under 16 & 17 Vict. c. 97, s. 98, as to which see 
 the note to section 24, sub-section (2) (¢). 
 
 (4) In the adjustment of any financial relations other than the 
 distribution of the proceeds of the licenses and probate duty grant, 
 no borough wholly or partially exempt from contributing to any 
 object shall be rendered liable so to contribute or to contribute in 
 greater proportion than at present. 
 
 This sub-section has reference only to such contributions as are to continue 
 
 under the preceding sub-section. All other liabilities are, by sub-section (1), 
 to cease, 
 
 (5) The provisions of Part III. of this Act, with respect to the 
 adjustment of property, income, debts, liabilities, and expenses, and 
 to borrowing for the purpose, shall apply as if the Commissioners 
 under this Act were the arbitrator in that Part mentioned. 
 
 This has the effect of applying to the Commissioners the powers of an 
 arbitrator under section 62, post, 
 
 (6) Provided that at any time after the end of five years from 
 the date of an agreement or award adjusting the financial relations 
 of any county and borough, if the council of either the county or 
 borough satisfy the Local Government Board that the adjustment 
 
 57 
 Sect. 32. 
 SuUB-S.3d 
 
58 
 
 Local Government (England & Wales) Act, 1888. 
 
 Sect. 32. has become inequitable, and that the councils are unable to agree 
 
 SUB-S. 6. 
 
 on a new adjustment, the board shall appoint an arbitrator; and 
 such arbitrator shall proceed to make a new equitable adjustment 
 as if he were the Commissioners under this Act, and the provisions 
 of this Act shall apply accordingly. Any new adjustment made by 
 agreement, or by the award of an arbitrator under this section, 
 may, after the expiration of five years from the date of such agree- 
 ment or award, be altered either by agreement or by arbitration as 
 above mentioned. 
 
 This sub-section cannot take effect until after the 13th August, 1893. 
 
 As to the powers of the arbitrator appointed under the sub-section, see 
 
 section 62, post. The councils may agree on a new adjustment without 
 appointing an arbitrator. 
 
 (7) Until any adjustment in pursuance of this section has come 
 into operation, the county or borough council shall pay out of the 
 county or borough fund to the borough or county council, as the 
 case may be, the average annual amount which, during the three 
 years next before the appointed day, has been expended by the 
 county for the benefit of the borough, or contributed by the 
 borough to the county, as the case may be, but any sum so paid 
 shal] be taken into account in the making of the adjustment, and 
 the adjustment shall be made so as to take effect as from the 
 appointed day. 
 
 In the meantime the county or borough, as the case may be, are to pay the 
 average sum, but the amount actually paid is to be taken into account in making 
 
 the adjustment. 
 As to the appointed day, see section 109, post. 
 
 (8) Any contribution by a county borough to the county in 
 pursuance of this section shall be required and made in accordance 
 with section one hundred and fifty-three of the Municipal Corpora- 
 tions Act, 1882, and that section, except so far as relates to the 
 appointment of an arbitrator, shall apply in like manner as if 
 every such borough were a quarter sessions borough situate in the 
 county. 
 
 Section 153 of the Municipal Corporations Act, 1882, omitting sub-section (4), 
 which relates to the appointment of an arbitrator, is as follows :— 
 
 (1) The treasurer of each county shall, not more than twice in every year, 
 send to the council of each borough situate in the county, and having a separate 
 court of quarter sessions, an account showing separately— 
 
 (a) The sums, if any, expended out of the county rate in respect of the 
 costs arising out of the prosecution, maintenance, conveyance, trans- 
 port, or punishment of offenders committed for trial from the borough 
 to the assizes for the county; and ~ 
 
 (4) If the borough is liable to contribute to the county rate for general 
 
51 d& 52 Vict. c. 41. 
 
 county purposes, all sums expended out of the county rate for general 
 county purposes, and all sums received in aid or on account of the 
 county rate, and the proportion chargeable on the borough of the sums 
 so expended after deduction of the sums so received; 
 and shall make an order on the council for the payment of the sum appearing 
 by this account to be due from the municipal corporation of the borough. 
 
 “ (2) The council shall thereupon forthwith order the sum so appearing to be 
 due, with all reasonable charges of making and sending the account, to be paid 
 to the treasurer of the county out of the borough fund. 
 
 (3) If the order is not complied with, two justices for the county may, on 
 the complaint of the treasurer of the county, made within one month after the 
 issue of the order, issue and send to the treasurer of the borough a warrant 
 requiring him to pay to the treasurer of the county, besides the sum mentioned 
 in the order, the additional sum mentioned in the warrant, the same being 
 calculated in the proportion of one shilling to every ten on the sum mentioned 
 in the order; and until payment thereof the treasurer of the county shall have, 
 in respect of the warrant, all the powers for the recovery thereof which are 
 
 given against a guardian or overseer for the recovery of county rates and 
 surcharges.” 
 
 (9) Expressions in this section relating to contributions by a 
 borough to a county shall be construed to include any sum raised 
 
 by the assessment of the parishes or hereditaments in the borough 
 to the county rate. 
 
 59 
 Sect. 32. 
 
 NOTE 
 SuB-S. 8. 
 
 33. (1) Nothing in this Act with respect to county boroughs Provisions 
 
 shall prevent the continuance of one police force for any county 
 
 as to 
 police and 
 
 borough and any county, or the consolidation of the police forces rateable 
 
 of any county borough and any county in like manner as hereto- 
 fore, but where the provisions of this Act affect the arrangement with 
 respect to the consolidated police force for a county and borough, 
 an adjustment shall be made between the council of the borough 
 and county in accordance with the provisions of this Act. The 
 foregoing provisions of this section shall apply to boroughs which 
 are not county boroughs in like manner as if they were re-enacted 
 and in terms made applicable to those boroughs. 
 
 The 3 & 4 Vict. c. 88, s. 14, enables boroughs to agree to consolidate their 
 police with the county police, and by 19 & 20 Vict. ¢. 69, s. 5, the Queen in 
 Council may arrange terms of consolidation on representations made by 
 boroughs. The chief constable of the county has the general disposition and 
 government of the consolidated police. An agreement for the consolidation of 
 county and borough police cannot be terminated without the sanction of a 
 Secretary of State; 19 & 20 Vict. c. 69, s, 20. The superannuation of the 
 consolidated police is charged to the county superannuation fund under 22 & 23 
 Vict. c. 32, 8. 17. 
 
 The provisions of the Act may affect an arrangement between a county and 
 borough with reference to the sums to be contributed by each to the cost of the 
 police under section 24, sub-section (2) (i.). 
 
 As to adjustment, see section 62, post, 
 
 (2) Where, for the purpose of calculating any contribution or 
 payment to be made under this Act, it is necessary to ascertain the 
 
 value in 
 
 ounty 
 
 boroughs. 
 
60 
 Sect. 33. 
 SUB-S, 2 
 
 15 & 16 
 Vict. c. 81. 
 
 A pplica- 
 tion of 
 Act with 
 modifica- 
 tions to 
 county 
 boroughs, 
 
 Local Government (England & Wales) Act, 1888. 
 
 rateable value of both a county and a county borough, such rate- 
 
 ‘ able value shall be ascertained and fixed by a joint committee 
 
 composed of representatives of all the councils concerned, and such 
 committee shall, for that purpose, have all the powers and juris- 
 diction of quarter sessions and of a committee of justices appointed 
 under the County Rate Act, 1852, and the Acts amending the 
 same, and the number of representatives for the county and each 
 county borough respectively shall be settled by agreement, or, in 
 default of agreement, by the Local Government Board. 
 
 Contributions and payments will have to be calculated under the preceding 
 section and under section 62, post. The rateable value will be determined by 
 a joint committee, who will have the same power as a committee have under 
 15 & 16 Vict. c. 81, for the purpose of preparing a standard or basis for the 
 
 county rate. It will be necessary, in fact, to prepare such standard or basis 
 specially for the purposes of this sub-section. 
 
 34, (1) The mayor, aldermen, and burgesses of each county 
 borough acting by the council, shall, subject as in this Act men- 
 tioned, have and be subject to all the powers, duties, and liabilities 
 of a county council under this Act (in so far as they are not already 
 in possession of or subject to the same), and in particular shall, 
 subject to the provisions of this Act as to adjustment between 
 counties and county boroughs, be entitled to receive the like sums 
 out of the Local Taxation Account, and be bound to make the like 
 payments in substitution for local grants and the like grants in 
 respect of the costs of the officers of unions and of district schools 
 as in the case of a county council, so far as the circumstances make 
 such payments applicable, and all the provisions of this Act (in- 
 cluding those with respect to the forfeiture on the withholding by 
 a Secretary of State of his certificate as respects the police of the 
 county) shall accordingly, so far as circumstances admit, apply in 
 the case of every such borough, with the necessary modifications, 
 and in particular with the following modifications :— 
 
 (a) The county borough shall be substituted for the county, and 
 borough fund shall be substituted for county fund, and 
 town clerk shall be substituted for clerk of the peace and 
 clerk of the council : 
 
 (6) A reference to two or more counties shall include a reference 
 
 to county boroughs as well as counties: 
 
 (c) Such powers, duties, and liabilities of the court of quarter 
 Sessions or justices as in the case of a county are trans- 
 ferred to the county council shall be transferred to the 
 council of the county borough, whether the same are 
 
51 dé 52 Vict. c. 41, 
 
 61 
 
 vested in or attached to the court of quarter sessions or Sect. 34. 
 
 justices of the borough or of the county in which the 
 borough is situate : 
 
 (d) In the case of the duties collected by the Commissioners of 
 Inland Revenue in respect of the licenses for trade carts, 
 locomotives, horses, mules, and horse dealers under any 
 Act of the present session, those ‘Commissioners shall 
 certify the amount collected in each county in like 
 manner as if the county included each county borough 
 specified in the Third Schedule to this Act as deemed to 
 be situate in that county, and the amount as so ascer- 
 tained shall be divided between the said boroughs and 
 the residue of the said county in proportion to rateable 
 value'as fixed by the joint committee in pursuance of this 
 Act, and until such value is fixed in proportion to rate- 
 able value according to the standard or basis for county 
 contributions for the time being, and the share so ascer- 
 tained shall be paid in like manner as if it had been 
 collected in the county borough or in the residue of the 
 county, as the case may be: 
 
 (e) Any sum standing to the Exchequer Contribution Account 
 of a county borough which remains after payment of the 
 grant required to be made in respect of the costs of union 
 officers shall be carried to the borough fund, or be applied 
 in aid of such rate leviable over the whole of the borough 
 as the council may determine, and the provisions respect- 
 ing the payment of the same to the general county account 
 of the county fund, and the subsequent application and 
 division thereof, shall not apply. 
 
 In many cases the business which has hitherto been administered by justices 
 in or out of sessions, and which is now transferred to county councils, has been 
 administered by the council of a borough as local authority. In such cases no 
 transfer was necessary under this Act. 
 
 The provisions as to adjustment are contained in section 32, ante. 
 
 The sums to be received out of the Local Taxation Account are described 
 in sections 20—22. The payments in substitution for local grants, &c., are 
 contained in sections 24—26. 
 
 The forfeiture of the police grant is provided for by section 25, ante. 
 
 A reference to two or more counties is contained in section 24, sub-section 
 (5), and section 26, sub-section (1). 
 
 The council of the borough, as county council, will have transferred to them 
 all powers and duties transferred by Part I. of this Act, whether these have 
 been exercised hitherto by the county or borough quarter sessions, or the 
 county or borough justices. 
 
 The Act relating to licenses for trade carts, &c., is not yet passed. The Bill 
 is entitled “The Excise Duties (Local Purposes) Bill.” The reference in this 
 paragraph to the joint committee is explained apparently by section 88, sub- 
 
 SuB-S. le, 
 
62 
 Sect. 34, 
 
 NOTE 
 Sus-S. 1. 
 
 —— 
 
 Local Government (England & Wales) Act, 1888, 
 
 section (2), ante, the committee there mentioned being entrusted with the 
 duty of ascertaining the relative rateable values of counties and county 
 
 boroughs. 
 
 Paragraph (e) substitutes, so far as relates to county boroughs, a provision 
 in lieu of section 23, sub-section (2) (iv.}, ante, p. 37. The surplus is to be 
 paid to the borough fund, or in aid of some rate leviable over the whole of the 
 borough. 
 
 (2) On the appointed day there shall be transferred to the mayor, 
 aldermen, and burgesses of each county borough all such bridges 
 and approaches thereto, or parts thereof, situate within the borough 
 as were previously repairable by the county or any hundred therein, 
 and the costs of the council in repairing such bridges and approaches, 
 or parts thereof, and in repairing any roads in the borough which 
 by virtue of this Act or any Act applied by this Act are main roads, 
 shall be payable out of the borough fund. 
 
 This sub-section transfers to a county borough the liability to repair all 
 bridges within its boundaries which were previously repairable as county or 
 hundred bridges. As to county bridges, see the note to section 3, p. 8, ante. 
 
 As to the liability of a borough to repair bridges, see the Municipal Corpora- 
 tions Act, 1882, section 119; also Reg. v. Dorset (Inhabitants of), 45 L. T. 
 (N.S.) 308 ; Reg. v. Southampton (No. 1), 17 Q. B. D. 424 ; 55 L. J. M. C. 
 158 ; 55 L. T. (W.8.) 322 ; 85 W. R. 10; 50 J. P. 773; Reg. v. Southampton 
 (No. 2), 19 Q. B. D. 590 ; 56 L. J. M. C. 112; 57 L. T. QS.) 261, 
 
 (8) The provisions of this Act with respect to— 
 (a) The constitution, election, proceedings, or position of the 
 county council or the chairman thereof, 
 (b) The county treasurer, county surveyor, and other county 
 officers, . 
 (c) The standing joint committee of the justices and the council, 
 or 
 (d) Coroners, or 
 (e) Gas meters, or 
 (7) The transfer to the council of powers relating to county and 
 other rates, and the preparation or revision of the basis 
 or standard for the county rate ; 
 shall not apply to county boroughs, nor shall Part IV. of this Act 
 relating to finance apply, save so far as is expressly provided in that 
 Part. | 
 
 The constitution, &c., of the council is provided for by the Municipal 
 Corporations Act, 1882, the borough council in a county borough being also 
 the county council. 
 
 The provisions of this Act as to county officers is inapplicable for the like 
 reason, the appointment and duties of the borough officers being regulated by 
 the Municipal Corporations Act, 1882. 
 
 The purposes for which a standing joint committee are appointed are in a 
 borough administered by the borough council as such, or by the watch com- 
 
 mittee, 
 
51 ¢ 52 Vict. c. 41, 
 
 In a borough which has a separate quarter sessions the coroner is appointed 
 by the council under the Municipal Corporations Act, 1882,s.171. In other 
 boroughs the county coroner has jurisdiction, but the election of a coroner in 
 a county borough which has not separate quarter sessions is specially provided 
 for by sub-section (4) and (5), post. Section 5 of this Act is therefore 
 inapplicable to county boroughs. 
 
 The Acts relating to gas meters (as to which, see section 3 (xiil.), ante, 
 p. 10) are in boroughs administered by the town councils, if they have adopted 
 the Acts ; but if they have not adopted the Acts, or if they are manufacturers 
 or sellers of gas, the powers and duties under the Acts are exercised by the 
 borough justices. If these powers and duties are not at present vested in the 
 borough councils they are to remain in the borough justices, 
 
 As to the county and other rates, see section 3 (i.), ante, p. 5. 
 
 (4) Provided that where the district of any county coroner is 
 wholly situate within a county borough, the coroner. for that dis- 
 trict shall be appointed by the council of that borough, and the 
 writ for his election may be issued to that council instead of to the 
 county council, and where the district of any county coroner is situate 
 partly within and partly without a county borough, the writ for the 
 election of such coroner shall be issued to the county council, but 
 if there is a joint committee of the county and borough councils for 
 the purpose, the question of the person to be elected shall be 
 referred to that joint committee, and the county council shall 
 appoint the person recommended by the majority of such com- 
 mittee. 
 
 This sub-section provides for the case where a county borough has not 
 Separate quarter sessions and has not, therefore, a coroner of its own under 
 section 171 of the Municipal Corporations Act, 1882. Where the district 
 assigned to a county coroner is wholly within the borough, the writ, instead of 
 being directed to the county council, under section 5, sub-section (1), ante, 
 is to be directed to the borough council. When it is partly within the borough 
 the writ is to be directed to the county council, who are to appoint the person 
 recommended by a joint committee appointed under the next sub-section, 
 
 (5) If the council of a county borough so require, a joint 
 committee shall from time to time be appointed for the purposes of 
 coroners, consisting of such number of members of the county and 
 borough councils as may be agreed upon, or in default of agree- 
 ment may be determined by a Secretary of State. 
 
 See the note to the preceding sub-section. 
 
 (6) Nothing in this Act shall transfer to the council of any 
 borough any power in relation to the division of the county into 
 polling districts for the purpose of a parliamentary election for the 
 county, the appointment of places of election for the county, the 
 places of holding courts for the revision of the list of voters, and 
 the costs of, and other matters to be done for, the registration of 
 parliamentary voters for the county. 
 
 This power is in counties transferred from the quarter sessions to the county 
 
 68 
 
 Sect. 34. 
 NOTE 
 
 SUB-S. ae 
 
64 
 
 Sect. 34. 
 NOTE 
 ScUB-S. 6. 
 
 50 & 51 
 Vict. c. 48, 
 
 45 & 46 
 Vict. c. 50, 
 
 Applica- 
 tion of 
 Act to 
 larger 
 quarter 
 sessions 
 boroughs 
 not county 
 counties. 
 
 Local Government (England & Wales) Act, 1888. 
 
 council by section 8 (xii.), ante, p. 9. The same powers as to dividing a 
 municipal borough are vested in the borough council by 30 & 31 Vict. ¢. 102, 
 8. 34 5 31 & 32 Vict. c. 58, 8.18; 46 & 47 Vict. c. 51, s. 47, sub-sect. (3). 
 
 (7) The powers and duties of the county authority under the 
 Allotments Act, 1887, shall, as respects the borough, continue to be 
 exercised and performed by the Local Government Board. 
 
 It is provided by the Allotments Act, 1887, 50 & 51 Vict. c. 48, s. 16, that 
 for the purposes of that Act the county authority should be any representative 
 body elected by the inhabitants of the county which might be established under 
 any future Act, and until such representative body should be established, the 
 powers and duties of the county authority should be exercised and performed 
 by the Local Government Board. The county councils, therefore, are the 
 county authorities under the Act, but this will not apply to county boroughs, 
 in which the Local Government Board will continue to exercise jnrisdiction as 
 county authority. 
 
 (8) This Act and the Municipal Corporations Act, 1882, shall be 
 construed so as to give effect to the provisions of this. section. 
 
 The provisions of the Municipal Corporations Act, 1882, bearing on this 
 section have been noticed in the notes. 
 
 35, In the case of a quarter sessions borough, not being one of 
 the boroughs named in the Third Schedule to this Act, but con- 
 taining, according to the census of one thousand eight hundred and 
 eighty-one, a population of ten thousand or upwards, the following 
 provisions shall, on and after the appointed day, apply: 
 
 (1) Nothing in this Act shall transfer to the county council any 
 power of the council of the borough as local authority 
 under any Act, or (save asin this Act expressly mentioned) 
 alter the powers, duties, and liabilities of the council of 
 the borough under the Municipal Corporations Act, 1882, 
 but subject to the above provisions and to the savings 
 hereinafter contained, the borough shall form part of the 
 county for the purposes of this Act, and the parishes in 
 the borough shall, subject to the exemptions hereinafter 
 mentioned, be liable to be assessed to county contributions 
 in like manner as the rest of the county. 
 
 It has already been pointed out in the note to section 34, sub-section (3), 
 that in many cases where the local authorities for the execution of Acts were 
 in counties the quarter sessions, in boroughs the local authorities under the 
 same Acts were the borough councils. In these cases, while the powers of the 
 quarter sessions are transferred to the county councils by this Act, the councils 
 of the larger boroughs to which this section relates will, under-the provision 
 in the text, retain their powers as local authorities. In so far as the powers of 
 the councils under the Municipal Corporations Act, 1882, are altered by this 
 Act, the alterations are indicated in the notes to the incorporated sections of 
 
 that Act, post. Subject, however, to the provisions of this section, the boroughs 
 in question are, for the purposes of this Act, to form part of the county, 
 
51 d 52 Vict. c. 41: 65 
 
 (2) Where such borough is at the passing of this Act exempt, Sect. 35. 
 in whole or in part, from contributing towards costs Been 
 incurred for any purposes for which the quarter sessions 
 of the county in which the borough is situate are autho- 
 rised to incur costs, the parishes in the borough shall not, 
 save as in this Act expressly mentioned, be assessed by 
 the county council to county contributions in respect of 
 costs incurred for any such purpose, nor in the case of a 
 
 _ partial exemption be so assessed for any larger sum than 
 such as will give effect to that exemption, but this 
 exemption shall not extend to any costs incurred for the 
 purpose of any powers, duties, or liabilities of the justices 
 of the borough, which will by virtue of this Act be exer- 
 eised or discharged by the county council nor to any 
 
 costs of or incidental to the assizes of the county. 
 
 This sub-section preserves existing exemptions from contributions to the 
 county rate. | 
 
 The powers, duties, and liabilities of the justices of the borough which are by 
 this Act transferred to the county council are those transferred by section 36, 
 post. 
 
 As to the cost of the assizes, see sub-section (5), and section 100, post. 
 
 As to the mode of assessment, see section 100, post. 
 
 (3) Notwithstanding the last enactment the borough shall, for Fay 
 the purposes of the provisions of the Highways and viet « 77, 
 Locomotives (Amendment) Act, 1878, respecting main 
 roads, form part of the county, and the costs of main- 
 taining, repairing, improving, enlarging, or otherwise 
 dealing with any main road in the borough shall be paid 
 out of the county fund, and the payment of the costs 
 incurred in the execution of the provisions of this Act 
 with respect to main roads shall be a general county 
 purpose for which the parishes of the borough may be 
 assessed to county contributions : 
 
 A borough having separate quarter sessions was not included in the defini- 
 
 tion of an urban authority under the Highway Act, 1878, and therefore the 
 provisions of that Act as to main roads did not apply to such a borough. The 
 boroughs mentioned in this section are now declared to be within the definition 
 of urban sanitary authorities (see the next sub-section), and for the purposes 
 of main roads they are to be deemed to be part of the county, and liable to be 
 
 assessed like the rest of the county to county contributions. 
 For the definition of general county purposes, see section 68, post. 
 
 (4) Provided that— 
 
 (a) The borough shall be deemed to be an urban sanitary 
 district within the meaning of the Highways and 
 F 
 
66 
 Sect. 35. 
 
 SUB-S. 4a. 
 
 41 & 42 
 Vict. c. 77. 
 
 Local Government (England & Wales) Act, 1888. 
 
 Locomotives (Amendment) Act, 1878; and the council 
 of the borough shall have the power under the High- 
 ways and Locomotives (Amendment) Act, 1878, of 
 making bye-laws respecting locomotives, and autho- 
 rising locomotives to be used on any road within the 
 borough, save that if any difference is made by such 
 bye-laws or authority between any main road main- 
 tained by the county council and the other roads in 
 the borough, such authority and bye-laws shall require 
 the approval of the county council; and 
 
 (b) The council of the borough shall have power as an urban 
 authority to claim, in accordance with this Act, to 
 retain the powers and duties of maintaining and 
 repairing any main road in the borough; and 
 
 (c) The council of the borough may within two years after the 
 passing of this Act apply to the county council to 
 declare such roads in the borough as are mentioned in 
 the application to be main roads within the meaning of 
 the Highways and Locomotives (Amendment) Act, 
 1878, and the county council shall consider such 
 application and inquire whether such roads are or 
 ought to be main roads within the meaning of the said 
 Act, and shall make or refuse the declaration accord- 
 ingly, and if the county council refuse to make the 
 declaration, the council of the borough may within a 
 reasonable time after such refusal apply to the Local 
 Government Board, and that Board shall have power, 
 if after a local inquiry they think it just so to do, to 
 make the said declaration, which shall have the same 
 effect as if made by the county council. 
 
 See the note to the preceding sub-section. 
 
 The power to make bye-laws respecting locomotives, and authorising loco- 
 motives to be used on any road within the borough, is conferred by section 26 
 of the Highway Act as amended by this section. The saving in case of 
 differences between the county bye-laws applicable to main roads maintained 
 by the county council within the borough and the borough bye-laws, is obviously 
 necessary to avoid an inconvenient or even absurd result. It is to be feared, 
 however, that inconvenience will result from the differences in bye-laws of the 
 
 county council and those of the borough council, when by reason of the borough 
 itself maintaining its main roads the approval of the county council is not 
 necessary. 
 
 The power of an urban authority to claim to retain the maintenance of its 
 main roads is conferred by section 11, sub-section (2), ante, p. 22. 
 
 As already stated, the provisions of the Act of 1878 as to main roads did not 
 previously apply to these boroughs, and hence it is necessary to allow a period 
 within which roads in the borough may be declared main roads under the Act. 
 
51 & 52 Vict. c, 41, 
 
 If the county council refuse the application, the borough may appeal to the 
 Local Government Board. As to the local inquiry by that Board, see section 
 87, post, 
 
 (5) The payment of the costs of assizes and sessions shall be a 
 general county purpose for which the parishes in the 
 borough may be assessed to county contributions, and all 
 costs of prosecutions mentioned in section one hundred 
 
 67 
 Sect. 35. 
 
 NOTE 
 SuB-S. 4, 
 
 and sixty-nine of the Municipal Corporations Act, 1882, 45 & 46 
 
 shall be paid out of the county fund. 
 
 As to what is included in “the costs of assizes and sessions,” see section 
 100, post. 
 
 Section 169 of the Municipal Corporations Act, 1882, is as follows :—“ A 
 municipal corporation of a borough having a separate court of quarter sessions 
 shall be liable to pay the costs and expenses attending the prosecution of any 
 felony committed or supposed to have been committed in the borough, and of 
 any other offence committed or supposed to have been committed in the borough 
 the costs and expenses attending the prosecution whereof are by law payable 
 as in the case of a felony. The amount of those costs and expenses shall be 
 ascertained as directed by law, and the order of the court for the payment 
 thereof shall be directed to the treasurer of the borough.” 
 
 As to the offences to which this section applies, see 7 Geo. 4, c. 64, ss. 22, 23 ; 
 14 & 15 Vict. c. 55, 8.2; 29 & 30 Vict.c. 52; 30 & 31 Vict.c. 35; 47 & 48 
 
 Vict. c. 70, 8. 30 (post) ; 48 & 49 Vict. c. 69, s. 18, and the notes to section 67, 
 post. 
 
 (6) The county councillors elected for an electoral division con- 
 
 | sisting wholly of such borough, or of some part of such 
 
 borough, shall not act or vote in respect of any question 
 
 arising before the county council as regards matters 
 
 involving expenditure on account of which the parishes 
 
 in the borough are not, for the time being, liable to be 
 
 assessed equally with the rest of the county to county 
 contributions. 
 
 The councillors hereby disqualified from voting are those who represent a 
 
 division consisting wholly of the borough, or wholly of part of the borough. 
 
 The sub-section will not apply to councillors who represent a division consisting 
 partly of the borough and partly of a county district exterior to the borough. 
 
 (7) The county council and the council of any such borough may 
 agree for the cessation in whole or in part of any exemp- 
 tion under this section of the parishes in the borough 
 from assessment to county contributions, in consideration 
 either of payment by the county council of a capital sum, 
 or of an annual payment, or of a transfer of property or 
 liabilities, or of the county council undertaking in sub- 
 stitution for the council of the borough any powers or 
 
 duties, or partly for one consideration and partly for 
 F 2 
 
 Vict. c, 50, 
 
General 
 applica- 
 tion of 
 Act to 
 boroughs 
 with 
 separate 
 commis- 
 sion of 
 the peace. 
 
 Local Government (England & Wales) Act, 1888. 
 
 another, or in any other manner, according as may be 
 determined. 
 
 The consideration for the agreement may be all or any of the matters herein 
 stated, or any other consideration which the councils in their discretion may 
 deem adequate. On the cessation of the exemption the parishes in the borough 
 will become liable to be assessed to county contributions in respect of the costs 
 incurred for the purpose, from contributing to which they were previously 
 exempt. 
 
 (8) A borough which is a county of a city or a county of 
 a town shall, for the purposes of this section, be deemed 
 to be situate in and form part of the county which it 
 adjoins, or if it adjoins more than one county, then in 
 and of the county of which it forms part for the purposes 
 of parliamentary elections. 
 
 A borough which is not a county of a city or county of a town will, of 
 
 course, for the purposes of this section be deemed to form part of the county in 
 which it is geographically situate. 
 
 36, (1) Where a borough has a separate commission of the peace, 
 whether a quarter sessions borough or not (and is not a borough 
 named in the Third Schedule to this Act), then, subject to the pro- 
 visions of this Act, all such powers, duties, and liabilities of the 
 court of quarter sessions or justices of the borough, as in the case 
 of the county are by this Act transferred to the county council, 
 shall cease, and the county council shall have those powers, duties, 
 and liabilities within the area of the borough in like manner as in 
 the rest of the county ; 
 
 This section applies to all boroughs which have a separate commission of 
 the peace, other than county boroughs, whether they have separate quarter 
 sessions or not, and without regard to their population. 
 
 This section provides that such powers of the borough quarter sessions or 
 justices as would, in a county, be transferred to the county council, shall in 
 these boroughs be transferred to the county councils, so that for these purposes 
 the county councils will supersede the borough sessions or justices within the 
 
 area of the borough. As to the costs incurred for these purposes, see section 35, 
 sub-section (2), ante, p. 65. 
 
 (2) Provided that such powers, duties, or liabilities, so far as they 
 are under the Acts relating to pauper lunatics, shall, save as other- 
 wise provided by this Act, be transferred to the council of the 
 borough and not to the county council, and the provisions of this 
 Act with respect to the transfer to a county council shall apply with 
 the necessary modifications to such transfer to the council of the 
 borough. 
 
 This sub-section contains an exception to the preceding one. The transfer 
 
 of the powers of the borough sessions or justices under the Acts relating to 
 pauper lunatics is to the borough council, not to the county council, 
 
51 & 52 Vict. c. 41. 69 
 
 As to the adaptation of the Acts relating to lunatic asylums, see section 86, Sect. 36. 
 post. NOTE 
 Observe that this clause relates only to pawper lunatics. This Act does not SuB-S. 2. 
 in any way interfere with the powers and duties of justices in relation to reese 
 private lunatic asylums. 
 The expression ‘‘save as otherwise provided by this Act,” has reference to 
 the provisions in section 38, sub-section (1), post, whereby in the smaller 
 quarter sessions boroughs the powers, &c., of the borough justices relating to 
 pauper lunatic asylums are transferred to the county councils. 
 
 37. The grant after the passing of this Act of a court of quarter Applica- 
 
 . : tion of Act 
 sessions to any borough not being a county borough, shall not to quarter 
 affect the powers, duties, or liabilities of the county council as sessions 
 respects the area of that borough, nor exempi the parishes in the ene 
 borough from being assessed to county contributions for any pur- created. 
 pose to which such parishes were previously liable to be assessed, 
 and shall not confer or impose on the mayor, aldermen, and bur- 
 gesses, or the council of such borough, any powers, duties, or 
 liabilities further than such as are necessary for establishing and 
 
 maintaining the court of quarter sessions in the borough. 
 
 The effect of this section is that the grant of separate quarter sessions will 
 not in future affect the position of a borough under this Act, so far as relates 
 to county councils and county contributions. 
 
 In the case of a grant of quarter sessions to a county borough which has 
 not at present separate quarter sessions, the borough is to redeem its liability to 
 contribute a share of the costs of quarter sessions and coroners. See section 32, 
 sub-section (3), ante, p. 55. 
 
 38. Where a borough having a separate court of quarter sessions Applica- 
 contained according to the census of one thousand eight hundred %°? a 
 
 t ller 
 and eighty-one a population of less than ten thousand, the following quarter 
 provisions shall after the appointed day apply :— as ’ 
 
 (1) There shall be transferred to the county council the powers, with | 
 duties, and liabilities of the council and justices of the ie anes 
 borough as regards the provision, enlargement, mainte- 10,000. 
 nance, management, and visitation of and other dealing 
 with asylums for pauper lunatics ; 
 
 These powers, duties, and liabilities are similar to those transferred from the 
 
 aia Sessions in counties under section 3, sub-section (vi.), ante, p. 7. As to 
 the larger quarter sessions boroughs, see section 36 (1), ante, p. 68. 
 
 (2) There shall be transferred to the county council the powers, 
 duties, and liabilities of the council of the county— 
 (a) as regards coroners; and 
 (6) as regards the appointment of analysts under the Acts 
 relating to the sale of food and drugs ; and 
 
41 & 42 
 acts O17 0s 
 
 Local Government (England é Wales) Act, 1888. 
 
 (c) under the Acts relating to— 
 (i.) reformatory and industrial schools; and 
 (ii.) fish conservancy ; and 
 (iiil.) explosives; and 
 (d) under the Highways and Locomotives (Amendment) Act; 
 1878 ; 
 Provided that the transfer by this section— 
 (a) Shall be subject to the provisions in this Act for the 
 protection of existing officers and the continuance of 
 existing contracts; and 
 
 (b) Shall not, save as respects the coroners, affect the powers, 
 duties, and liabilities of the council of the borough 
 under the Municipal Corporations Act, 1882 : 
 
 In a quarter sessions borough the coroner has hitherto been appointed by the 
 council of the borough, under section 171 of the Municipal Corporations Act, 
 1882. In the boroughs to which this section relates this power will cease, and 
 it would appear from sub-section (5) that the offices of existing coroners will 
 be determined. In that event they will be entitled to compensation under 
 section 120, post. The area of these boroughs will, for the purposes of the 
 coroners, become part of the counties. (See sub-section (5), post.) 
 
 Analysts have hitherto been appointed in boroughs having separate courts of 
 quarter sessions by the councils of such boroughs (38 & 39 Vict. c. 63, s. 10). 
 This power of appointment will remain with the town councils of the larger 
 quarter sessions boroughs, under section 35, ante. In the smaller quarter 
 sessions boroughs the power will pass to the county councils, subject to the 
 proviso in this sub-section. 
 
 Under the Reformatory and Industrial Schools Acts the councils of boroughs 
 had certain powers as prison authorities similar to those of justices in quarter 
 sessions in counties, as to which see section 3, sub-section (vii.), ante, p. 7. 
 
 As to the Acts relating to fish conservancy, see section 3, sub-section (xiii.), 
 ante, p. 11. 
 
 Under the Explosives Act, 1875, the local authority in a borough not 
 assessed to the county rate were the council of the borough (section 67), and 
 in boroughs so assessed the council might become a local authority by order 
 of a Secretary of State (section 68). The powers and duties of the town 
 councils in the smaller quarter sessions boroughs will now pass to the county 
 councils, 
 
 As to the Highway Act, 1878, compare the provisions of section 35, sub- 
 section (4), ante, p. 65, and see the notes to that section. See also sub- 
 sections (3) and (4), infra. : 
 
 The provisions of this Act as to existing officers and as to the continuance 
 of existing contracts are contained in sections 118, 120, and sections 122, 125, 
 post. 
 
 (8) The borough shall be an urban sanitary district within the 
 meaning of the Highways and Locomotives (Amendment) 
 Act, 1878: 
 
 See the notes to section 35, sub-sections (3) and (4), ante, p. 65. 
 
 (4) The council of the borough may within two years after 
 the passing of this Act apply to the county council to 
 
51 ¢ 52 Vict. c, 41. ye! 
 
 declare such roads in the borough as are mentioned in the Sect. 38. 
 application to be main roads within the meaning of the SE aie a 
 Highways and Locomotives (Amendment) Act, 1878, 
 
 and the county council shall consider such application, 
 
 and inquire whether such roads are, or ought to be, 
 
 main roads within the meaning of the said Act, and shall 
 
 make or refuse the declaration accordingly, and if the 
 
 county council refuse the declaration, the council of the 
 
 borough may, within areasonable time after such refusal, 
 
 apply to the Local Government Board, and that Board, 
 
 after a local inquiry, shall have power, if they think it 
 
 just so to do, to make the said declaration, which shall 
 
 have the same effect as if it had been made by the 
 
 county council. 
 
 This sub-section is identical with section 35, sub-section (4) (c), which see, 
 ante, p. 66, 
 
 (5) The area of the borough shall, for the purposes of the 
 above-mentioned Acts, and all other administrative pur- 
 poses of the county council, be included in the county 
 as if the borough had not a separate court of quarter 
 sessions, and accordingly shall be subject to the authority 
 of the county council and the county coroners, and may 
 be annexed by the county council to a coroner’s district 
 of the county, and the parishes in the borough shall be 
 liable to be assessed to all county contributions : 
 
 See the note to sub-section (1) as to coroners, supra. The borough is-to be 
 liable to be assessed to all county contributions. 
 
 (6) Any property, debts, or liabilities of the county, or of any 
 borough affected by this or the next succeeding section 
 (including the charge to be made for lunatics which but 
 for this Act would have been maintainable by the 
 borough), may be adjusted in manner provided by Part 
 Three of this Act: 
 
 The provisions of this Act as to adjustment are contained in section 62, 
 as, to lunatics maintainable by the borough, see the note to section 24, sub- 
 section (2) (g), ante, p. 44. The lunatics in question will now be chargeable 
 to the county. 
 
 (7) It shall be lawful for Her Majesty the Queen, on petition 
 from the council of any borough to which this or the 
 next succeeding section applies, by Order in Council, to 
 revoke the grant of a court of quarter sessions to the 
 
72 Local Government (England & Wales) Act, 1888. 
 
 Sect. 38 borough, and by letters patent to revoke the grant of a 
 colt commission of the peace for the borough, and to make 
 such provision as to Her Majesty seems proper for the 
 protection of interests existing at the date of the revoca- 
 tion, and after the date of the revocation all enactments 
 and laws relating to courts of quarter sessions and 
 justices and their jurisdiction shall apply as if such court 
 of quarter sessions or commission of the peace, as the 
 case may be, did not exist: 
 
 This is a novel provision. It remains to be seen whether it will be put into 
 effect. If it is put into effect the offices of the recorder of the borough, clerk 
 of the peace, &c., will be abolished, but they will be entitled to compensation 
 under section 120, post. 
 
 (8) A borough which is a county of a city or a county of a town 
 shall, for the purposes of this and the next succeeding 
 section, andif Her Majesty revokes the grant of a court of 
 quarter sessions or a commission of the peace to such 
 borough, then also for all purposes of quarter sessions 
 and justices, be deemed to be situate in and form part 
 of the county of which it forms part for the purpose of 
 parliamentary elections : 
 
 Compare the somewhat similar provisions of section 35, sub-section (8), 
 ante, and see the notes to that sub-section. In the case of a revocation of a 
 grant of quarter sessions to the borough, the county justices would exercise 
 concurrent jurisdiction with the borough justices, See the Municipal Corpora- 
 tions Act, 1882, section 154, and Reigate (Mayor of) v. Hart, L. R.3 Q. B. 
 244 ; 32 J. P. 342. 
 
 (9) Where this section applies to a cinque port it shall apply 
 also to all the members thereof, and those members when 
 
 not situate in a quarter sessions borough shall form part 
 of the county for all purposes. 
 
 As to the cinque ports, see the note to section 48, post. 
 
 eee 39. (1) Where a borough, whether with or without a separate 
 
 to all court of quarter sessions, contained according to the census of one 
 peroneal thousand eight hundred and eighty-one a population of less than 
 oon ten thousand, then after the appointed day all powers, duties, and 
 
 under liabilities of the mayor, aldermen, and burgesses, or council of the 
 
 Bde borough, or the watch committee of the borough in relation— 
 
 (a) to the police force of the borough, or 
 
 (b) to the appointment of analysts under the Acts relating to the 
 Rita sale of food and drugs, or 
 Vict.c. 74,  (¢) to the execution of the Contagious Diseases (Animals) Acts, 
 hes 48 1878 to 1886, or the Destructive Insects Act, 1877, or 
 
 ec, 13, 47, 
 
51 & 52 Vict. c. 41. 
 
 (d) to gas meters, or 
 
 43 
 
 Sect. 39. 
 
 (e) to weights and measures, if the council exercise any jurisdic- SUB-S. 1 
 
 tion in relation thereto, 
 shall cease, and, subject to the provisions of this Act as to the 
 
 Vict. c. 32. 
 
 members of the police force holding office on the said day, the Vict. c. - 68. 
 
 area of the borough shall for all purposes of the Acts relating to the 
 county police force, or other matters above in this section men- 
 tioned, form part of the county in like manner as if it were not a 
 borough. 
 
 This section applies to all boroughs having a population of less than 10,000, 
 whether they have separate quarter sessions or not. ‘To these boroughs sub- 
 sections (6) and (8) of the preceding section are made expressly ‘applicable. 
 
 The police force of the borough will cease to exist as a separate force, and 
 the existing borough constables will become county constables as provided by 
 sections 118, 119, post. This provision as to police repeals that part of the 
 Municipal Corporations Act, 1882, relating to borough police, so far as relates 
 to these smaller boroughs. 
 
 It has been shown in the notes to the last section that analysts were appointed 
 in quarter sessions boroughs under 38 & 39 Vict. c. 63, s. 10, by the borough 
 councils. In boroughs which had no separate quarter sessions, but had a 
 separate police force, the town councils had a similar power of appointment. 
 As the separate police force will cease to exist in these smaller boroughs, the 
 power to appoint analysts is to cease also. 
 
 Under the Contagious Diseases (Animals) Act, town councils in municipal 
 boroughs were the local authorities. They continue to be such local autho- 
 rities in the larger quarter sessions boroughs, under section 35, ante, but in all 
 other boroughs their power is to cease, and be transferred to the county councils 
 as in the county at large, subject, however, to sub-section (2), post. 
 
 As to the jurisdiction of a borough council under the Acts relating to gas 
 meters, see the note to section 34, sub-section (3), ante, p. 62. 
 
 Under the Weights and Measures Act, 1878, the borough councils were the 
 local authorities in boroughs which had separate quarter sessions. In boroughs 
 not having separate quarter sessions they were the local authorities only if 
 they so resolved, or if in 1878 they possessed separate local standards (41 & 42 
 Vict. c. 49, s. 50). All powers of borough councils will now cease under this 
 Act in the smaller boroughs. 
 
 The provisions of this Act, as to members of the police force holding office 
 on the appointed day, are contained in sections 118, 119, post. 
 
 (2) Provided that nothing in this section shall transfer to the 
 county council any powers, duties, or liabilities under section 
 
 thirty-four of the Contagious Diseases (Animals) Act, 1878, as Vict.c, 74. 
 
 amended by section nine of the Contagious Diseases (Animals) + 49 
 
 Act, 1886. 
 
 The provisions of the Contagious Diseases (Animals) Act, 1886, are con- 
 tained in Lumiey’s Public Health, p. 551. By that Act the powers of local 
 authorities under the Contagious "Diseases (Animals) Acts and Orders, as 
 amended by that Act, applying to dairies and milkshops, are vested in sanitary 
 authorities. The powers of a borough council, as urban authority under that 
 Act, are preserved by this sub-section. 
 
 (3) The urban authority for any borough or town with such 
 population as above in this section mentioned shall cease to be the 
 
 ict.c. 32. 
 
74 Local Government (England é Wales) Act, 1888. 
 
 Sect. 39, local authority under the Acts relating to explosives, and the county 
 SUB-S. * council shall have the like authority under the said Acts in the said 
 borough or town as they have in the rest of the county. 
 
 The word “town” is not defined by this Act. It refers probably to 
 improvement districts in which, by section 68 of the Explosive Act, 1875, the 
 Commissioners might, by order of the Secretary of State, become the local 
 authority in like manner as the council of a borough assessed to the county 
 
 rate, as to which see the note to section 38, sub-section (2), ante, p. 69. The 
 powers of such Commissioners will henceforth cease. 
 
 Application of Act to Metropolis. 
 
 Applica- 40, In the application of this Act to the Metropolis, the following 
 
 punt provisions shall have effect :— 
 
 ata (1) The Metropolis shall, on and after the appointed day, be an 
 London. administrative county for the purposes of this Act by the 
 name of the administrative county of London. 
 
 For the definition of “the Metropolis,” see section 100, post. The term 
 “administrative county ” is defined by the same section. It will be seen by 
 the next sub-section that the county of London is to be a separate county for 
 all purposes. 
 
 The appointed day is defined by section 109, post. 
 
 (2) Such portion of the administrative county of London as 
 forms parts of the counties of Middlesex, Surrey, and 
 Kent, shall on and after the appointed day be severed 
 from those counties, and form a separate county for all 
 non-administrative purposes by the name of the county 
 of London ; and it shall be lawful for Her Majesty the 
 Queen to appoint a sheriff of that county, and to grant 
 a commission of the peace and court of quarter sessions 
 to that county; and, subject to the provisions of this 
 Act, all enactments, laws, and usages with respect to 
 counties in England and Wales, and to sherifis, justices, 
 and quarter sessions shall, so far as circumstances admit, 
 apply to the county of London : 
 
 The county of London is to be a separate county for all purposes, with a 
 
 sheriff, quarter sessions, and commission of peace for itself. 
 
 Attention should here be directed to the transitory provisions as to sheriffs, 
 coroners, &c., in sections 113, 117, post. 
 
 (3) Provided that, for the purpose of the jurisdiction of the 
 justices under such commission, and of such court, as well 
 as other non-administrative purposes, the county of the 
 city of London shall continue a separate county, but if 
 and when the mayor, commonalty, and citizens of the 
 
51 & 52 Vict. c. 41. 95 
 
 city assent to jurisdiction being conferred therein on such Sect. 40. 
 justices and court, may by commission under the Great 578-5: 3- 
 Seal be made subject to the jurisdiction thereof. 
 
 The city of London will be part of the administrative county of London 
 for the purposes of this Act. For non-administrative purposes it will be a 
 separate county until the event mentioned in the text. 
 
 (4) The number of the county councillors for the administrative 
 county of London shall be double the number of members 
 which, at the passing of this Act, the parliamentary 
 boroughs in the metropolis are authorised by law to return 
 to serve in Parliament; and each such borough, or, if it 
 is divided into divisions, each division thereof shall be 
 an electoral division for the purposes of this Act, and the 
 number of county councillors elected for each such elec- 
 toral division shall be double the number of members of 
 Parliament which such borough or division is, at the 
 passing of this Act, entitled to return to serve in Par- 
 liament : 
 
 The number of councillors in the county of London is thus fixed by the Act 
 itself, and not by the Local Government Board, under section 2, sub-section 3, 
 ante. In like manner the electoral divisions are fixed, and consist of the 
 parliamentary divisions. 
 
 (5) Provided that the number of county aldermen in the 
 
 administrative county of London shall not exceed one- 
 
 sixth of the whole number of county councillors. 
 
 In other counties the number of aldermen will be one-third of the council, 
 See section 14 of the Municipal Corporations Act, 1882, post, 
 
 (6) The provisions of this Act with respect to the powers, 
 duties, and liabilities of county councils, and the 
 transfer of property, debts, and liabilities of counties to 
 county councils, shall apply to the administrative county 
 of London in like manner, so nearly as circumstances 
 admit, as if the quarter sessions, justices, and clerks of 
 the peace of the counties of Middlesex, Surrey, and Kent 
 had been, so far as regards the Metropolis, the quarter 
 sessions, justices, and clerk of the peace for the admi- 
 nistrative county of London: 
 
 This provision applies in effect to the first part of this Act so far as regards 
 the transfer to the county councils from quarter sessions and justices, and the 
 transfer of property under Part IV. 
 
 (7) Provided that any property, debts, or liabilities of the 
 county of Kent shall not, by reason only of this enact- 
 
76 
 
 Sect. 40. 
 SUB-S. 7. 
 
 Position of 
 
 city of 
 
 Local Government (England & Wales) Act, 1888. 
 
 ment, be vested in the county council of London, but 
 such property, debts, and liabilities, and also the pro- 
 perty, debts, and liabilities of the counties of Middlesex 
 and Surrey, shall be apportioned between the portions 
 of those counties situate within the Metropolis and the 
 portions situate outside the Metropolis in such manner as 
 may be determined by agreement between the respective 
 county councils, or in default of agreement by the Com- 
 missioners under this Act, and the property, debts, and 
 liabilities apportioned to the portions within the Metro- 
 polis shall be the property, debts, and liabilities of the 
 whole of the administrative county of London. 
 As to the Commissioners under this Act, see section 61, post. 
 
 (8) There shall also be transferred to the London County 
 Council the powers, duties, and liabilities of the Metro- 
 politan Board of Works, and after the appointed day that 
 Board shall cease to exist, and the property, debts, and 
 liabilities thereof shall be transferred to the London 
 County Council, and that council shall be in law the 
 successors of the Metropolitan Board of Works. 
 
 The Metropolitan Board of Works had not only extensive powers in the 
 metropolis as to drainage, streets, open spaces, bridges, &c., but were the local 
 authority for the execution of numerous Acts in the metropolis, such as the 
 Artizans Dwellings Acts, the Contagious Diseases (Animals) Acts, &c. The 
 provisions of the several statutes relating to the powers, duties, and liabilities 
 hereby transferred are too numerous for insertion here. Reference may be 
 made to Woolrych’s Metropolis Management Acts, and to the Index to the 
 Statutes for full information as to the statutes. 
 
 (9) If the London County Council borrow for the purposes of 
 this Act they shall borrow in accordance with the provi- 
 ' sions of the Acts relating to the Metropolitan Board of 
 Works, but save as aforesaid Part Four of this Act shall 
 apply to the London County Council when acting as 
 successors of the Metropolitan Board of Works, and 
 the costs incurred when so acting shall be paid out of 
 the county fund, and the payment thereof shall be a 
 
 general county purpose. 
 
 The borrowing powers of the Metropolitan Board of Works are regulated by 
 32 & 33 Vict. c. 102; 33 & 34 Vict. c. 24; 34 & 35 Vict. c. 47; 38 & 39 Vict. 
 c.65; 40 & 41 Vict. c. 52; 44 & 45 Vict.c. 48; 45 & 46 Vict. c. 33; 46 & 47 
 Vict. c.27; 47 & 48 Vict. c. 50; 48 & 49 Vict. c. 50; 49 & 50 Vict. c. 44; 50 & 
 51 Vict. c. 31; 51 & 52 Vict. c. 40. 
 
 41, (1) Of the powers, duties, and liabilities of the court of 
 quarter sessions and justices of the city of London— 
 
— 
 
 51 d& 52 Vict. c. 41. 77 
 
 (a) Such of them as would, if the city were a quarter sessions Sect, 41. 
 
 borough, with a population exceeding ten thousand, be. — 
 ; r P -, London, 
 exercised by virtue of this or any other Act by the council ang appli- 
 of the borough, shall be transferred to the mayor, com- ie of 
 monalty, and citizens of the city acting by the council Se 
 (in this Act referred to as the common council); and 
 (0) Such of them as would, in the said case, be by virtue of this 
 Act exercised and discharged by the county council shall 
 cease, and the county council shall, subject to the provi- 
 sions of this Act, have those powers, duties, and liabili- 
 ties within the city of London in like manner as within 
 the rest of the administrative county of London. 
 As to the definition of the quarter sessions of the city of London, see 
 section 100, post. : 
 Under this sub-section such powers as would, if the city were a quarter 
 sessions borough under sections 35, 36, be exercised by the council, will be 
 exercised by the common council. Such other powers of the quarter sessions 
 and justices as would, under sections 35, 36, be transferred to a county council, 
 will be transferred to the London County Council. 
 
 (2) The provisions of this Act with respect to the transfer to a 
 county council shall apply with the necessary modification to such 
 transfer to the common council, and the common council shall be 
 entitled to receive from the London County Council in respect of 
 each pauper lunatic, the same amount as is required by this Act to 
 be paid by any other county council to the council of a borough. 
 
 The amount required to be paid for each pauper lunatic is that provided by 
 section 24, sub-section (2) (q), ante, p. 44. 
 
 (3) Where at the passing of this Act the Metropolitan Board of 
 Works or the quarter sessions of Middlesex are authorised to incur 
 costs for any purpose, and the common council of the city are 
 not liable to contribute to such costs, the parishes in the city of 
 London shall not, save as in this Act expressly mentioned, be 
 liable to be assessed to county contributions in. respect of costs 
 incurred by the county council for such purpose, but this exemp- 
 tion shall not extend to any costs incurred for the purpose of any 
 powers, duties, or liabilities of the quarter sessions or justices of the 
 city of London, which will be exercised and discharged by the 
 London County Council. 
 
 This continues existing exemptions of the city. As to the cost of quarter 
 Sessions, see sub-section (5), infra. 
 
 (4) The provisions of the Highways and Locomotives (Amend- 2 & ie 
 
 ment) Act, 1878, with respect to main roads, as amended by this 
 
78 
 
 Local Government (England d Wales) Act, 1888. 
 
 Sect, fl. Act, shall extend to the metropolis in like manner as if the expres- 
 
 18 & 19 
 Vict. 
 ¢c, 120. 
 
 sion ‘‘ urban sanitary district” in that Act included, as respects the 
 metropolis, the city of London, and a parish in Schedule A., and a 
 district in Schedule B., of the Metropolis Management Act, 1855, as 
 amended by subsequent Acts, and as if the Commissioners of 
 Sewers, or vestry, or district board (as the case may be) were the 
 urban sanitary authority: Provided that— 
 
 (a) In the city of London the common council shall have the 
 power under the Highways and Locomotives (Amend- 
 ment) Act, 1878, of making bye-laws respecting locomo- 
 tives, and authorising locomotives to be used on any road 
 within the city, save that if any difference is made by 
 such bye-laws or authority between any main road main- 
 tained by the county council and the other roads in 
 the city, such authority and bye-laws shall require the 
 approval of the county council; and 
 
 (b) The common council in the city of London, and in any other 
 part of the metropolis the vestry, or district board, shall 
 be deemed to be a district council and an urban authority 
 within the meaning of the provisions of this Act with 
 respect to main roads, and may accordingly claim to 
 retain the power of maintaining and repairing a main 
 road, and in such case shall have all such powers and 
 duties of maintaining, repairing, improving, and enlarging, 
 and otherwise dealing with the main road as they would 
 have if it were an ordinary highway repairable by them, 
 and such powers and duties shall in the city of London be 
 discharged by the Commissioners of Sewers. 
 
 This sub-section down to the end of the first paragraph is similar to that 
 contained in section 35, which provides for the larger quarter sessions boroughs, 
 The county council for London will exercise the general powers of a county 
 authority in the metropolis. See section 3 (viil.), ante, p. 9. 
 
 In the city the common council will make bye-laws as to locomotives. The 
 saving to this provision is similar to that contained in section 35, sub- 
 section (4). 
 
 The provisions of this Act as to main roads are contained in section 11, 
 ante, p. 19. 
 
 (5) The payment of the costs of assizes and sessions shall be a 
 general county purpose for which the parishes in the city may be 
 assessed to county contributions, and all such costs of prosecutions 
 in the city as are by law payable out of the county rate shall be 
 paid out of the county fund. 
 
 As to what is included in the “costs of assizes and sessions,” see section 100, 
 post. 
 
51 & 52 Viet. c. 41. 
 
 As to the prosecutions the costs of which are payable out of the county rate, 
 
 see the statutes mentioned in the note to section 35, sub-section (5), ante, 
 p. 67, 
 
 (6) The county councillors elected for the city shall not act or 
 vote in respect of any question arising before the county council 
 as regards matters involving expenditure on account of which the 
 parishes in the city are not for the time being liable to be assessed 
 
 equally with the rest of the administrative county to county 
 contributions. 
 
 Compare the similar provisions of section 35, sub-section (6), ante, p. 67. 
 
 (7) The London County Council, and the common council of the 
 city of London, may agree for the cessation in whole or in part of 
 any exemption under this section from assessment, in consideration 
 either of payment by the county council of a capital sum, or of an 
 annual payment, or of a transfer of property or liabilities, or of the 
 county council undertaking, in substitution for the common council, 
 any powers or duties, or partly for one consideration and partly for 
 another, or in any other manner, according as may be determined. 
 
 This sub-section is identical with section 35, sub-section (7), ante, p. 67, 
 
 (8) The sheriffs of the city of London shall not have any 
 - authority except in the city. 
 
 As to the sheriff of Middlesex, see section 46, sub-section (6), post; and as 
 to the first sheriffs in London and Middlesex, see section 113, post. 
 
 42, (1) If the London County Council petition Her Majesty the 
 Queen in that behalf, it shall be lawful for Her Majesty from time 
 to time to appoint a barrister of not less than ten years’ standing to 
 be paid chairman or deputy chairman, or one of the paid deputy 
 
 79 
 Sect. 41. 
 
 NOTE 
 Sus-S, 5, 
 
 ———— 
 
 Arrange- 
 ments for 
 paid chair- 
 man and 
 sitting of 
 quarter 
 
 chairmen, as the case may be, of the quarter sessions for the county Sree t for 
 
 of London. 
 
 This sub-section applies to a paid chairman or deputy chairman of quarter 
 sessions. As to the first chairman, see section 117, sub-section (5), post. 
 
 As to the appointment of a paid deputy chairman of the London County 
 Council, see section 88, post. 
 
 (2) Any person so appointed shall hold office during good 
 behaviour, and shall by virtue of his office be a justice of the peace 
 for the county of London. 
 
 (3) There shall be paid to him out of the county fund as a 
 general county purpose such yearly salary, not exceeding that stated 
 
 ondon, 
 
80 
 
 Local Government (England d Wales) Act, 1888. 
 
 Sect. 42. in the petition in consequence of which the appointment was made, 
 
 as Her Majesty directs. 
 
 As to general county purposes, see section 68, post. 
 
 (4) Such chairman or deputy chairman shall not, during his 
 office, be eligible to serve in Parliament, and shall not during his 
 continuance in office practice as a barrister. 
 
 (5) Where there is any such paid chairman or deputy chairman 
 of the quarter sessions, the court may be held before such chairman 
 or deputy chairman alone. 
 
 (6) Separate courts of quarter sessions may be held at different 
 parts of the county of London at the same time if so directed by 
 the county council with the approval of a Secretary of State, and 
 every court of general sessions of the peace for the county of 
 London and every adjournment thereof shall have the same jurisdic- 
 tion in all respects, including the power of hearing and determining 
 appeals, as if such court were quarter sessions. 
 
 (7) The London County Council may from time to time submit 
 to a Secretary of State a scheme for regulating the holding of 
 courts of quarter sessions in London either at any one place or at 
 different places, and in the latter case either at the same time or at 
 different times, and for determining the legal character of each 
 sessions so held, that is to say, whether quarter, general, original, 
 or adjourned sessions, or otherwise, and for making such regula- 
 tions respecting committals for trial, recognizances, depositions, 
 and other matters as.are necessary or proper for giving effect to 
 the scheme, and such scheme, when, approved by a Secretary of 
 State, shall be published in the London Gazette, and thereupon 
 shall have effect as if it were enacted in this Act. 
 
 Certain transitory provisions as to places for holding quarter sessions in the 
 county of London are contained in section 116, post. 
 
 As to the matters which may be provided for in any scheme, see section 59, 
 post. 
 
 (8) Until the quarter sessions for the county of London con- 
 stitute special sessional divisions, every petty sessional division of 
 the counties of Middlesex, Surrey, and Kent existing at, the 
 appointed day, or so much of such division as is situate in the 
 county of London, shall form a special or petty sessional division 
 of the county of London. 
 
 (9) When any special or petty sessional division of the counties 
 of Middlesex, Surrey, and Kent, existing at the appointed day, is 
 
51 d 52 Vict. c. 41. 
 
 81 
 
 situate partly within and partly without the county of London, so Sect, 42. 
 
 much thereof as is situate without the said county shall, until any 
 alteration is made by the quarter sessions for the county of 
 Middlesex, Surrey, or Kent, as the case may be, be a special or 
 petty sessional division of that county. 
 
 (10) The quarter sessions for the county of London shall be 
 substituted for the general assessment sessions under the Valuation 
 (Metropolis) Act, 1869, and have all the jurisdiction vested in 
 those sessions, and shall exercise the same within the same area, 
 Upon the hearing of any appeals in relation to property in the city 
 of London, such two members of the court of quarter sessions of 
 the city of London as may be appointed by that court for the 
 
 purpose, shall be entitled to attend and sit as members of the 
 
 quarter sessions for the county of London. 
 
 The general assessment sessions will therefore cease to exist. The London 
 quarter sessions will exercise the jurisdiction of that court within the same 
 area, 7.é., in all unions or parishes not in unions wholly or for the greater part 
 in value situate within the jurisdiction of the Metropolitan Board of Works 
 under the 18 & 19 Vict. c. 120. 
 
 The concluding part of this sub-section provides for the representation of 
 the city of London, having regard to the fact that the city may not be within 
 the jurisdiction of the London quarter sessions. See section 40, sub-section 
 
 (3), ante, p. 74. 
 
 -S. 9, 
 
 32 & 33 
 Vict. c. 67, 
 
 (11) The enactments respecting the times for holding sessions of 7 & 8 Vict. 
 
 the peace for the county of Middlesex, and the appointment and 
 
 aya § 
 22 & 23 
 
 payment of any assistant judge or deputy assistant judge, or of a Vict. c. 4. 
 
 person to preside in a second court at any sessions in the county 
 of Middlesex, shall cease to apply to the county of Middlesex. 
 
 As to the times for holding sessions in future, see sub-sections (6) and (7) 
 and section 116, post. 
 
 The assistant judge is to be the first chairman of the London quarter 
 sessions. See section 117, sub-section (5), post. As to the appointment of 
 deputy chairman, see sub-section (1), ante. 
 
 (12) Quarter sessions for the counties of Middlesex, Surrey, 
 and Kent respectively may be held, and the justices of each of 
 those counties may hold special and petty sessions for any division 
 
 of such county, and appoint a petty sessional or occasional court 
 
 house, at any place in the county of London, and for all purposes 
 
 relating to such sessions or any business transacted at such court 
 
 house, such place shall be deemed to be within the county and 
 
 division for which the justices holding the same are justices, but 
 G 
 
 37 & 38 
 Vitte cs 7 
 
82 
 
 ect. 42. 
 SuB-S. 1 
 
 Grant by 
 London 
 County 
 Council to 
 poor law 
 unions. 
 
 Local Government (England & Wales) Act, 1888. 
 
 no jurors shall be summoned for such sessions from within the 
 
 ‘county of London. 
 
 As to the appointment of petty sessional and occasional court houses, see 
 42 & 43 Vict. c. 49, s. 20; 47 & 48 Vict. c. 43, 5. 8. 
 
 As to the summoning of jurors for quarter sessions, see 6 Geo, 4, ¢. 50, 8. 13; 
 1 Vict. c. 4. 
 
 (18) Nothing in this Act shall alter the powers or duties of the 
 justices, quarter sessions, recorder, or common serjeant of the 
 city of London, further or otherwise than is expressly provided or 
 than the powers and duties of the justices or quarter sessions of 
 any county are altered. 
 
 See section 40, sub-section (3), and section 41, ante. 
 
 (14) Provided that from and after the appointed day the rights 
 claimed by the court of common council to appoint to the offices of 
 common serjeant and judge of the City of London Court shall 
 cease, and in any future vacancy in each of the said offices it 
 shall be lawful for Her Majesty the Queen to appoint a duly 
 qualified barrister to be such common serjeant or judge ; and from 
 and after the next vacancy no recorder shall exercise any judicial 
 functions unless he is appointed by Her Majesty to exercise such 
 functions. 
 
 As to the definition of the appointed day, see section 109, post. 
 
 These officers have hitherto been appointed by the common council, In 
 future only the recorder will be appointed by that body, and he will not be 
 able to exercise any judicial functions unless so appointed by the Crown. 
 
 43, (1) In the administrative county of London the county 
 
 council :— 
 
 (a) Shall pay to the guardians for every poor law union wholly 
 in the county such sums as the Local Government Board 
 from time to time certify to be due from the said council 
 in substitution for the local grants towards the remunera- 
 tion of poor law medical officers, and towards the cost of 
 drugs and medical appliances ; and | 
 
 (b) Shall grant to the guardians of every poor law union wholly 
 in their county an amount equal to fourpence a day per 
 head for every indoor pauper maintained in that union, 
 and such grant, during the five local financial years 
 beginning on the appointed day, shall be reckoned 
 according to the average number of indoor paupers so 
 maintained during the five financial years ending on the 
 twenty-fifth day of March next before the passing of 
 this Act, and shall, after the end of the said five local 
 
51 d 52 Vict. c. 41. 
 
 83 
 
 financial years, unless Parliament otherwise determine, Sect, 43, 
 
 continue to be reckoned in accordance with the same 
 average number; and 
 
 (c) Shall pay to the guardians of every poor law union, a 
 portion of which only is situate in their county, such 
 proportion of the annual sum which is, under the other 
 provisions of this Act, payable by the county council of a 
 county to the guardians of that union, as the rateable 
 value of the portion within the administrative county of 
 
 London bears to the rest of the union. 
 
 As to what is the administrative county of London, see section 40, sub- 
 section (1), ante, p. 74. 
 
 Temporary provision for these grants during the current year is made by 
 section 121, post. 
 
 The payment under (@) is similar to that made by other county councils 
 under sections 24 and 26, ante. 
 
 The grant in respect of indoor paupers is to be in addition to any payment 
 made out of the Metropolitan Common Poor Fund. See section 94, post. 
 
 For the definition of “indoor paupers,” see the next sub-section. 
 
 As to the estimate of the average number, see sub-section (3), infra. 
 
 Payments are made by county councils to guardians under sections 24 and 
 26, ante, 
 
 (2) For the purposes of this section the expression ‘ indoor 
 pauper”’ includes all paupers maintained in a workhouse, .and all 
 paupers maintained in any district school, separate school, separate 
 infirmary, sick asylum, hospital for infectious diseases, or institu- 
 tion for the deaf, dumb, blind, or idiots, or in any certified school 
 under the Act of the session of the twenty-fifth and twenty-sixth 
 years of the reign of Her Majesty, chapter forty-three, and includes 
 any children boarded out, whether within or without the limits of 
 the union, and in the metropolitan asylum district includes all 
 
 inmates of any asylum for imbeciles provided by the managers of - 
 
 that district, but excludes paupers relieved in casual wards, and 
 such number of indoor paupers in a workhouse or in a district or 
 separate school or in a separate infirmary or asylum, as exceeded 
 the number prescribed by the Local Government Board for that 
 workhouse, school, infirmary, or asylum, and also excludes paupers 
 maintained for part only of a day: Provided always, that any 
 paupers maintained under any contract or agreement in a workhouse 
 other than that of the union to which they are chargeable, shall be 
 included only in the number of indoor paupers of the union to which 
 they are so chargeable. 
 
 The text contains a very elaborate definition of indoor paupers, but its 
 
 importance is limited to the Local Government Board, whose duty it will be to 
 consider it with a view to making the estimate under the next sub-section. 
 
 G 2 
 
84 Local Government (England & Wales) Act, 1888. 
 
 Sect. 43. (8) The average number of paupers shall be estimated in such 
 
 Shteaeh 3+ manner as the Local Government Board direct, and shall be certi- 
 fied by the Board. The Board may, if they think proper, vary 
 their certificate, but unless it is so varied, their certificate shall be 
 conclusive. 
 
 Transfer 44, On and after the appointed day all powers and duties of the 
 
 ene clerk to the managers of the metropolitan asylums district under 
 
 32 & 33. the Valuation (Metropolis) Act, 1869, shall be transferred to the 
 
 fo oie clerk of the county council of London, and the said Act shall be 
 
 metropo- construed as if the county council were substituted therein for the 
 
 ert managers of the metropolitan asylums district. 
 
 asylum 
 
 managers. By the Valuation (Metropolis) Act, 1869, 32 & 33 Vict. c. 67, s. 14, a 
 duplicate of the revised valuation list is to be sent to the clerk of the 
 managers of the metropolitan asylums district; and by section 16 the list so 
 sent is to be deposited at the office of such managers. The clerk is by section 
 17 to cause the totals of the gross and rateable values of all the lists to be 
 printed, and a copy to be sent to every assessment committee and to the clerks 
 of the peace for every county in which any parish to which such totals relate 
 is situate. By section 42, sub-section (8), the assessment committee are to 
 approve and send the lists to the clerk before the Ist of November in each 
 year, and by sub-section (11) the clerk is to send out the printed totals before 
 the Ist of December, and is to return the valuation list to the committee 
 not sooner than fourteen, nor later than twenty-one, days after the totals are 
 sent out. 
 
 Adjust- 45, On and after the appointed day, the powers, duties, and 
 eae ; , liabilities of justices out of session in the metropolis in relation to 
 slaughter- the licensing of slaughter-houses for the purpose of the slaughtering 
 
 houses in het : 
 tee Obit of cattle for butcher’s meat, and of cow-houses and places for 
 
 polis, the keeping of cows, shall be transferred to the county council of 
 London. 
 
 It is provided by 25 & 26 Vict. c. 102, s. 93, that no place within the metro- 
 polis shall be used by any person carrying on the business of a slaughterer of 
 cattle, or cowkeeper, or dairyman, as a slaughter-house, or a cow-house or 
 place for the keeping of cows, without a license had for such purpose respec- 
 tively from the justices of the peace assembled at a special sessions held in the 
 division or district where such slaughter-house, cow-house, or place is situate 
 and such license shall continue in force for the period of one year from the 
 granting thereof, and thenceforth until the special sessions to be held next 
 after the expiration of such period. . . . Provided always, that before any 
 license for the use of any place as a slaughter-house or cow-house is granted 
 as aforesaid, fourteen days’ notice of the intention to apply for such. license 
 shall be given to the vestry or district board in which any such place is situate 
 to the intent that such vestry or district board, if they think fit, may show 
 cause against the granting of any such license, and also seven days’ notice 
 previous to such special sessions being held of the intention to apply for such 
 license shall be given to the clerk of the justices for such division. By the 
 37 & 38 Vict. c. 67,8. 10, where the sanction of the local authority (i.e., of the 
 vestry or district board) has been given under that Act to a slaughterer of 
 cattle to establish his business anew on any premises, a license to use such 
 
51 & 52 Vict. c. 41. 
 
 85 
 
 premises as a slaughter-house shall be granted as a matter of course by the Sect, 45. 
 
 justices assembled at the first special sessions for licensing slaughter-houses 
 held next after the grant of such sanction, in pursuance of 25 & 26 Vict. 
 ¢c. 102, s. 93. Before any license by the justices assembled at special sessions 
 for the use of any premises as a slaughter-house is renewed under the last- 
 mentioned section, fourteen days’ previous notice of the intention to apply for 
 such license to be renewed shall be served on the Metropolitan Board of 
 Works as well as on the other parties in the said section in that behalf 
 mentioned, to the intent that such board may, if they think fit, show cause 
 against such license being renewed, in like manner as such other parties are 
 empowered by that section tos show cause. An objection shall not be enter- 
 tained to a license under the said section for the use of any premises as a 
 slaughter-house being renewed unless seven days’ previous notice has been 
 served on the applicant of the intention of the objector to bring forward such 
 objection, with this exception, that notwithstanding notice has not been given, 
 the justices may, if they think it just so to do on an objection being made, 
 and notice of such objection being served on the applicant, adjourn the 
 question as to renewing any license to a future day, and require the attend- 
 ance of the holder of the license on such day, when the case shall be heard 
 and the objection considered as if the notice hereinbefore directed had been 
 given. A license under the said section 93 for the use of premises as a 
 slaughter-house shall, for the purposes of this Act, be deemed to be renewed in 
 all cases where a further license is granted under the said section in immediate 
 succession to a prior license being granted for the use of the same premises as 
 a slaughter-house. The duties of the justices under the above Acts are in 
 future to be performed by the London County Council. It will not, of course, 
 be necessary to give the fourteen days’ notice to the council under the later 
 Act, as representing the Metropolitan Board of Works. 
 
 Application of Act to Special Counties and to Laberties. 
 
 NOTE, 
 
 46. For the purposes of this Act there shall be enacted the Applica- 
 
 provisions following, that is to say, 
 
 tion of 
 Act to 
 
 (1)—(a) The ridings of Yorkshire and the divisions of Lincoln- certain 
 
 shire shall respectively be separate administrative 
 counties. 
 (b) The eastern and western divisions of Sussex, under the 
 
 special 
 counties. 
 
 County of Sussex Act, 1865, and the eastern and 28 & 29 
 
 western divisions of Suffolk, shall respectively be 
 separate administrative counties for the purposes of 
 this Act. 
 
 (c) The Isle of Ely, and the residue of the county of Cambridge, 
 shall be respectively separate administrative counties for 
 the purposes of this Act, and are in this Act referred to 
 as divisions of the county of Cambridge. 
 
 (d) The soke of Peterborough and the residue of the county of 
 Northampton shall be respectively separate administra- 
 tive counties for the purposes of this Act, and are in 
 this Act referred to as divisions of the county of 
 Northampton. 
 
 Vict. c. 37, 
 
86 Local Government (England dé Wales) Act, 1888. 
 
 Sect. 46. These divisions of counties, which for the purposes of this Act are treated 
 NOTE _ as separate counties, necessitated the introduction of the phrase “administra- 
 
 SUB-S.1d. tive counties,” defined in section 100 , post. 
 oI The divisions of Lincolnshire are the parts of Holland, Kesteven, and 
 Lindsey. See section 100, post. 
 
 (2)—(a) In the case of the county of York and the county of 
 Lincoln respectively, the administrative business which 
 would, if this Act had not passed, have been transacted 
 by the justices of all the ridings and divisions at their 
 gaol sessions, or by any joint committee of the justices 
 of such ridings or divisions, or by any commissioners 
 appointed by the justices, or otherwise jointly by such 
 justices, shall be transacted by a joint committee of the 
 county councils of the three ridings or three divisions, 
 as the case may be, appointed in manner provided by 
 this Act with respect to joint committees of county 
 councils. 
 
 (b) The administrative business which would, if this Act had not 
 passed, have been transacted by any general sessions of 
 the peace for the county of Sussex or Suffolk, or by any 
 joint action of the quarter sessions of the divisions of the 
 county of Cambridge, or the county of Northampton, and 
 all matters under this Act which concern the two divisions 
 of Sussex, Suffolk, Cambridge, or Northampton jointly, 
 shall be transacted by a joint committee of the respective 
 county councils concerned, appointed in manner provided 
 by this Act with respect to joint committees of county 
 councils. 
 
 (c) A joint committee formed in pursuance of this section shall, 
 if the business transacted by them so require, comprise a 
 joint committee of the quarter sessions of the several 
 ridings and divisions. 
 
 (d) If any difference arises as to the number of members, or the 
 mode or time of appointing a joint committee under this 
 section, the difference shall be determined by a Secretary 
 of State. 
 
 As to gaol sessions in Yorkshire and Lincolnshire, see 5 Geo. 4, c. 12; 7 
 
 Geo, 4, c. 63,8. 18; and 28 & 29 Vict. c. 126, ss. 5, 6. 
 As to the formation of joint committees, see sub-section (3), infra. 
 
 (8) A joint committee formed in pursuance of this section shall, 
 in respect of the business to be transacted by them, 
 stand in the same position as if the entire county were 
 
51 & 52 Vict. c. 41. 87 
 
 not divided for the purposes of county councils, and as Sect. 46. 
 if the committee were the county council of the entire DOB Ree 
 county, and the provisions of this Act shall, so nearly as 
 circumstances admit, apply accordingly, and all costs or 
 
 sums payable by the joint committee shall be apportioned 
 
 by the joint committee between the several administrative 
 
 counties in such manner as is provided by law, or by 
 
 the practice heretofore adopted, or in such other manner 
 
 as may be from time to time agreed upon by the councils 
 
 of the several administrative counties, or in default of 
 agreement may, upon the application ef any of such 
 councils, be determined by arbitration in manner provided 
 
 by this Act; and each county council shall pay the sum 
 
 so apportioned to the treasurer of the joint committee, 
 
 and the sum so paid shall be deemed to be paid for 
 
 general county purposes. 
 
 The “ entire county ” is defined by section 100, post. 
 As to “arbitration in manner provided by this Act,” see section 62, post. 
 
 (4) The powers, duties, and liabilities of the county authority, 
 under the Yorkshire Registries Act, 1884, and the Acts 
 amending ihe same, shall, after the appointed day, be 
 transferred to the county council, and the expression 
 ‘county authority” in those Acts shall mean, as respects 
 each riding, the county council of that riding. 
 
 The Yorkshire Registries Act, 1884, is the 47 & 48 Vict. ¢. 54, and it is 
 - amended by 48 & 49 Vict. c. 26. 
 
 (5) In the application of this Act to Lancashire, the provisions 
 of this Act with respect to county rates shall apply to 
 the special rates levied in Lancashire for the purposes of 
 the salary or pension of any chairman of quarter Sessions 
 or stipendiary justice, or for any assize courts, and such 
 rates shall continue to be levied within the respective 
 areas within which they would have been levied if this 
 Act had not passed, and, subject as aforesaid, the position 
 and salary of any such chairman or justice shall not be 
 affected by any provision of this Act. 
 
 (6) From and after the appointed day the right of the mayor, 
 commonalty, and citizens of the city of London to elect 
 the sheriff of Middlesex shall cease, and it shall be 
 lawful for Her Majesty the Queen to appoint a sheriff 
 
Sect. 46. 
 SuB-S. 6. 
 
 Saving 
 for Man- 
 chester 
 Assize 
 Courts 
 Act, 1858, 
 21 & 22 
 Vict. 
 
 C. XXIV. 
 
 Merger of 
 liberties in 
 county. 
 
 Local Government (England é Wales) Act, 1888. 
 
 of the county of Middlesex, and the law relating to 
 sheriffs shall apply in the case of the county of 
 Middlesex in like manner as in the case of any other 
 county. 
 
 As to the sheriff of the county of London, see section 40, sub-section (2), 
 ante, p. 74. By section 41, sub-section (8), the sheriffs of the city of London 
 are not to have authority beyond the city. As to the first sheriffs of London 
 and Middlesex, see section 113, post. 
 
 (7) In this section “administrative business”? means such busi- 
 ness as is by this Act transferred from quarter sessions 
 or justices, or any committee thereof, to county 
 councils. 
 
 See sections 3, 4, 7, 9, ante. 
 
 47. (1) Notwithstanding anything in this Act, the courts of 
 assize at Manchester, with the lodgings for Her Majesty’s judges, 
 offices, lock-ups, and all other property vested in the justices of 
 the peace of the county palatine of Lancaster by the Manchester 
 Assize Courts Act, 1858, shall be vested in the county council 
 of the said county palatine, and shall be under the control and 
 management of a joint committee of members of the said county 
 council, and of the council of every county borough locally situate 
 in the hundred of Salford; and that joint committee shall have 
 and exercise all such powers and rights (except the power of 
 levying, imposing, or assessing a rate or of borrowing money) as 
 are conferred on the said justices by the said Act; and the 
 hundred of Salford (including every borough locally situate therein) 
 shall continue liakle to contribute towards expenses incurred under 
 the authority of the said Act. 
 
 (2) The number of members of a joint committee appointed for 
 the purposes of this section shall not exceed twelve, and the quorum 
 requisite for the transaction of business shall be three. 
 
 (8) Any disagreement as to the number of members of the 
 committee or as to the proportions in which the several councils 
 are to be represented thereon, shall be settled by a Secretary of 
 State. 
 
 48, (1) For all purposes of this Act, every liberty and franchise 
 of a county, wholly or partly exempt from contribution to the 
 county rate, shall, save as may be otherwise provided by or in 
 pursuance of this Act, form part of the county of which it forms 
 part for the purposes of parliamentary elections. 
 
 This provision practically abolishes liberties and franchises for all purposes 
 
51 d& 52 Vict. c. 41. 
 
 of the Act. If it is desired to abolish any liberty for all purposes whatever, it 
 may be done by Her Majesty in Council under 13 & 14 Vict. ¢. 105. 
 
 (2) The provisions of this Act with respect to the transfer to the 
 county council of the powers, duties, and liabilities of the quarter 
 sessions and justices of a county, and of their property, debts, and 
 liabilities, whether vested in or attaching to the clerk of the peace 
 or any justice or justices or otherwise on behalf of the county, shall 
 apply to every such liberty and franchise as above mentioned in 
 like manner in all respects as if they were herein re-enacted and 
 in terms made applicable to such liberty and franchise; and the 
 county council shall have and exercise in every such liberty and 
 franchise the powers and duties transferred to them by this Act 
 from the quarter sessions and justices of the county ; 
 
 This transfers to the county council all such powers, duties, &c., of the 
 quarter sessions or justices of a liberty as are transferred to them from the 
 quarter sessions of the county at large. 
 
 (3) Provided that where at the passing of this Act the police 
 force in such liberty or franchise is under the control of the quarter 
 sessions for such liberty or franchise, there shall be one police force 
 for the whole administrative county under the county council, and 
 the quarter sessions of such liberty or franchise shall: appoint 
 such number of the members of the standing joint committee 
 under this Act as may be agreed upon by the county council, the 
 quarter sessions of the county, and the quarter sessions of the 
 liberty or franchise, or in default of agreement may be determined 
 by a Secretary of State. 
 
 _ As to the standing joint committee, see section 30, ante, p. 52. The sepa- 
 
 rate police force for the liberty will thus be abolished, and the police of the 
 liberty will become county police, 
 
 (4) The Cinque Ports and two ancient towns and their members 
 shall for all purposes of the county council and of the powers 
 and duties of quarter sessions and justices out of sessions under 
 this Act form part of the county in which they are respectively 
 situate, without prejudice nevertheless to the position of any such 
 port, town, or member as a quarter sessions borough under the 
 
 89 
 Sect. 48. 
 
 NOTE 
 SuB-S. 1. 
 
 _ Municipal Corporations Act, 1882, as amended by this Act, and 45 & 46 
 
 without prejudice to the existing privileges of such ports, towns, Vict. ¢.50. 
 
 and members as respects matters which are not affected by this 
 Act. 
 
 The Cinque Ports were originally Sandwich, Dover, Hythe, Romney, and 
 Hastings, but to these were added the two “ancient towns” of Winchelsea and 
 Rye. To each of these municipal towns, except Hythe and Winchelsea, were 
 
90 
 Sect. 48. 
 
 NotTE 
 SuB-S. 4, 
 
 Power to 
 make Pro- 
 visional 
 Order for 
 Scilly 
 Islands, — 
 
 Boundary 
 of county 
 for first 
 election. 
 
 Local Government (England & Wales) Act, 1888. 
 
 attached subordinate ports or towns, called corporate members of the principal 
 port. Besides these there were a number of towns, villages, and hamlets, 
 which formed the unincorporated members of the Cinque Ports, all exclusively 
 under the jurisdiction of their respective ports, from which they were in some 
 cases a long distance off. See Archbold’s Quarter Sessions, p. 50, where an 
 account of the jurisdiction of the justices and the quarter sessions of the 
 Cinque Ports is shortly stated. For the purposes of the powers and duties 
 transferred to the county council, the Cinque Ports are to be merged in the 
 counties of Kent, Sussex, or Essex, as the case may be. Hastings is a county 
 borough; Sandwich, Dover, and Hythe are quarter sessions boroughs. Of these 
 last mentioned Dover only has a population exceeding 10,000. 
 
 49, (1) It shall be lawful for the Local Government Board to 
 make a Provisional Order for regulating the application of this Act 
 to the Scilly Islands, and for providing for the exercise and per- 
 formance in those islands of the powers and duties both of county 
 councils and also of authorities under the Acts relating to high- 
 ways and the Public Health Act, 1875, and the Acts amending the 
 same, and for the application to the islands of any provisions of 
 any Act touching local government, and any such Order may | 
 provide for the establishment of councils and other local autho- 
 rities separate from those in the county of Cornwall, and for the 
 contribution by the Scilly Islands to the county council of Cornwall. 
 in respect of costs incurred by the county council for matters 
 specified in the said Order as benefiting the Scilly Islands, and 
 such Order may also pfovide for all matters which appear to the 
 Local Government Board necessary or proper for carrying the 
 Order into full effect. 
 
 As to the making of a provisional order, see section 87, post. 
 
 (2) Any such Order shall not be in force until it is confirmed by 
 Parliament. 
 
 (3) Subject to the provisions of a Provisional Order under this 
 Act, the county council of Cornwall shall have no greater powers 
 or duties in the Scilly Islands than the quarter sessions of Cornwall — 
 have hitherto in fact exercised or performed therein, and the Scilly 
 Islands shall not be included for the purposes of this Act in any 
 electoral division of the county of Cornwall. 
 
 PART Ill. 
 BounpDaARIES. . 
 50. (1) The first council elected under this Act for any admi- 
 nistrative county shall, subject as hereinafter mentioned, be elected 
 for the county at large as bounded at the passing of this Act for 
 
51 d& 52 Vict. c. 41. 
 
 91 
 
 the purpose of the election of members to serve in Parliament for Sect. 50. 
 
 the county : Provided always, that— 
 
 (a) This enactment shall 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, shall, subject to any change 
 made by or in pursuance of this Act, be the boundary 
 of the administrative county for which the council is 
 elected ; and, 
 
 (b) Where any urban sanitary district is situate partly within 
 and partly without the boundary of such county, the 
 district shall be deemed to be within that county which 
 contains the largest portion of the population of the dis- 
 trict, according to the census of one thousand eight 
 hundred and eighty-one. 
 
 (c) Where any portion of an administrative county has before 
 the passing of this Act been transferred to another 
 administrative county for the purposes of the Acts relating 
 to the police or Contagious Diseases (Animals) or otherwise, 
 nothing in this Act shall affect such transfer. 
 
 (d) The wapentake of the ainsty of York (except so much as is 
 included in the municipal borough of York as extended by 
 
 SUB-S. 1. 
 
 the York Extension and Improvement Act, 1884) shall for ,, « 4. 
 all purposes of this Act be deemed to ‘be part of the west Vict. c. 
 
 riding of the county of York. 
 
 As-to the definition of “ administrative county,” see section 100, post. The 
 boundary of an entire county is that which exists for the purposes of parlia- 
 mentary elections, but where an entire county is divided into administrative 
 counties, the boundary between these is to be that existing for the purposes of 
 
 ' the county rate. 
 
 As to future changes of boundaries, see section 54, post. 
 
 The provision as to urban sanitary districts in two or more counties deserves 
 attention. 
 
 A portion of a county may have been transferred to another for pur- 
 poses of police under 2 & 3 Vict. c. 93, 8.27; 3& 4 Vict. c, 88, s, 2, and 
 21 & 22 Vict. c. 68,s. 2,and for purposes of the Contagious Diseases (Animals) 
 Acts by 47 & 48 Vict. c. 47. And by the Lunatic Asylums Act, 1853, 16 & 17 
 
 - Vict. c. 97, s. 131, every city, town, liberty, parish, place or district, not being 
 
 aa 
 
 a borough within the meaning of that Act, is to be annexed to and rated as 
 part of the county within where it is situate. The transferred portion is to 
 remain transferred for these purposes only. 
 
 (2) The county council elected under this Act shall have for the 
 purposes of this Act authority throughout the administrative county 
 
 CCXXXil, 
 
92 
 
 Sect. 50. 
 SUB-S. 2. 
 
 Directions 
 for con- 
 
 stitution of 
 
 electoral 
 divisions. 
 
 Local Government (England é Wales) Act, 1888. ~ 
 
 for which it is elected, and the administrative county as bounded 
 for the purpose of the election shall, subject to alterations made in 
 manner hereinafter mentioned, be for all the purposes of this Act 
 the county of such county council. 
 
 (3) If any difference arises as to the county which contains the 
 largest portion of the population of any such district as above in 
 this section mentioned, such difference shall be referred to the Local 
 Government Board, whose decision shall be final. 
 
 (4) This section applies to an administrative county within the 
 meaning of this Act, save that it shall not apply to the adminis- 
 trative county of London, nor to any county borough, and any 
 place which, though forming part of such borough for the purposes 
 of the election of members to serve in Parliament, is not within the 
 municipal boundary of such borough shall, notwithstanding any- 
 thing in the foregoing provisions of this section, form for the 
 purposes of this section part of the county in which such place is 
 situate. 
 
 An administrative county within the meaning of this Act is defined by 
 section 100, post. 
 
 51, In the constitution of electoral divisions of a county, whether 
 for the first election or for subsequent elections, the following direc- 
 tions shall be observed— 
 
 (1) The divisions shall be arranged with a view to the popula- 
 tion of each division being, so nearly as conveniently 
 
 may be, equal, regard being had to a proper representa- 
 tion both of the rural and of the urban population, and. 
 to the distribution and pursuits of such population, and 
 to area, and to the last published census for the time 
 being, and to evidence of any considerable change of 
 
 population since such census ; | 
 
 Electoral divisions are to be formed, in counties by the quarter sessions, and 
 in boroughs returning more than one councillor by the councils of such © 
 boroughs. See section 2, sub-section (3), ante, p. 3. This section contains 
 directions for the formation of these divisions. The divisions are to contain, 
 as nearly as possible, the same population, but this principle is not to apply 
 universally. Regard is to be had to area, so that one division shall not be too 
 extensive through containing a smaller population while another containing a 
 larger population is unduly limited in area. The relative distribution of the 
 urban and rural population and their pursuits is also to be taken into account; 
 but it is hardly possible to lay down any general rules to give effect to these 
 provisions. 
 
 Regard must also 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 voters 
 entitled to vote in each division. 
 
51 & 52 Vict. c. 41. 98 
 
 As to the power of the Local Government Board to remedy defects at the Sect. 51, 
 first election, see 108, post. NOTE 
 As to the electoral divisions in the metropolis, see section 40, sub-section (4), SUB-S. 1 
 ante, p. 75. 
 _ (2) Electoral divisions shall, so far as may be reasonably prac- 
 ticable, be framed so that every division shall be a county 
 district or ward, or a combination of county districts or 
 wards, or be comprised in one county district or ward, 
 but where an electoral division is a portion of a county 
 district, or ward, and such portion has not a defined area 
 for which a separate list or part of a list of voters is 
 made under the Acts relating to the registration of 
 electors, such portion shall, until a new register of 
 electors is made, continue to be part of the district or 
 ward of which it has been treated as being part in the 
 then current register of electors ; 
 
 (3) Whenever under the provisions of this section a county 
 district is divided into two or more portions, every such 
 portion shall, as far as possible, consist of an entire 
 parish or of a combination of entire parishes ; 
 
 The general principle of these directions is that the electoral divisions are to 
 be formed so as not to overlap an urban sanitary district, ward,’ or rural 
 sanitary district, except in so far as it may be necessary to give effect to 
 sub-section (1). Regard is also to be had to the boundaries of parishes. 
 Where a parish is partly within and partly without a borough or urban district, 
 each parish is to be considered a separate parish for this purpose. (See section 
 100, post.) 
 
 The word “ ward ”’ is not defined in the Act, but it evidently means a ward 
 of an urban district. 
 
 For the definition of “parish,” see section 100, post, 
 
 (4) In determining the electoral divisions for the first election, 
 the foregoing provisions shall apply as if, where a rural 
 sanitary district is situate in more than one county, each 
 portion of the district which is situate in the same county 
 were a county district, and any such portion may be com- 
 bined with a county district, or portion ofa county district, 
 although not adjoining ; 
 
 Each portion of a rural district in one county is to be treated as if it were a 
 
 separate county district. 
 
 (5) The electoral divisions for the first election shall be fixed on 
 or before the eighth day of November next after the passing 
 of this Act. 
 
 The divisions must be fixed on or before the 8th of November, 1888, As to 
 the future alteration of electoral divisions, see section 54, post. 
 
94 Local Government (England é Wales) Act, 1888. 
 
 Sect.52. 52, (1) The Local Government Board shall make provisional 
 Sas 1. orders for dealing with every case where the council of a borough is 
 Provi- —_ not the urban sanitary authority for the whole of the area of such 
 aaa borough, and the area of the borough is either co-extensive with or 
 respects is wholly or partly comprised in any urban sanitary district, and 
 eet ate such order shall determine whether the area of the borough or of 
 sanitary the sanitary district, or an area comprising both the borough and 
 rice the urban sanitary district, or a portion of such united area, shall, 
 area, whether with or without any adjoining area, be the area of the 
 county district for the purposes of this Act, so, however, that in 
 either case the order shall provide for the council of the borough 
 becoming the district council, and the order may for that purpose 
 alter the boundaries of the borough, and may, if need be, alter the 
 boundaries of the county; and if the population exceeds fifty 
 thousand, the order may constitute the borough into a county 
 borough, and make such provision as may be necessary for carrying 
 this Act into effect as respects such county borough; and the 
 provisions of this Act respecting county boroughs shall, subject to 
 the provisions of the order, apply. 
 
 This section provides for a few exceptional cases now existing where a 
 borough is included in an urban district but the council of the borough are 
 not the urban authority. In these cases the Local Government Board are to 
 make provisional orders under section 87, post. The order will fix the area 
 of the county district so that the borough council shall become the urban 
 authority, and it may, if necessary, provide for alteration of the boundaries of 
 the borough or even of the county, and for making the borough a county 
 borough. As to county boroughs, see sections 31—34, ante. Under this 
 sub-section a provisional order may be made constituting Oxford (which is 
 one of the boroughs referred to) a county borough, 
 
 (2) Where certain members of the sanitary authority for any 
 such urban sanitary district are appointed by a university or any 
 colleges therein, the order may provide for the appointment by 
 such university, or colleges, of members on the district council. 
 
 As to Cambridge, see the Public Health Act, 1875, section 6 ; and as to 
 Oxford, see section 342 of the same Act. 
 
 The provisional order may in the cases mentioned in the text provide for 
 the appointment by the university or college of members of the district council, 
 2.¢., of the borough council. See sub-section (1), supra. 
 
 (3) A provisional order under this section shall not be of any 
 effect until it is confirmed by Parliament. 
 ee 53. (1) Every report made by the Boundary Commissioners 
 alterations under the Local Government (Boundaries) Act, 1887, shall be laid 
 of boun- before the council of any administrative county or county borough 
 ara affected by that report. 
 
 councils, The reports made by the Boundary Commissioners appointed under 50 & 51 
 Vict, c, 61, have now been laid before Parliament, 
 
51 ¢& 52 Vict. c. 41. 
 
 96 
 
 (2) It shall be the duty of the council to take into consideration Peels 
 
 such report, and to make such representations to the Local Govern- 
 ment Board as they think expedient for adjusting the boundaries 
 of their county, and of other areas of local government partly 
 situate in their county, with a view of securing that no such area 
 shall be situate in more than one county. 
 
 This will be one of the first duties of the county councils. 
 
 There is no definition in the Act of ‘areas of local government,” but it 
 appears to be wide enough to include all areas which exist for such purposes as 
 lighting, burials, highways, sanitary purposes, education, &c. 
 
 The representations made by the county councils will be dealt with under 
 the next section. 
 
 With regard to unions situate in more than one county, see section 58, post. 
 
 54, (1) Whenever it is represented by the council of Sa! county Future 
 
 or borough to the Local Government Board— 
 
 altera- 
 tions of 
 
 (a) That the alteration pa the boundary of any county or borough boun- 
 
 is desirable ; 
 (b) That the union, a all or any of the purposes of this Act, of 
 a county borough with a county is desirable; or 
 (c) That the union, for all or any of the purposes of this Act, of 
 any counties or boroughs or the division of any county ig 
 desirable ; or 
 (d) That it is desirable to constitute any borough having a 
 population of not less than fifty thousand into a county 
 borough ; or 
 (e) That the alteration of the boundary of any electoral division 
 of a county, or of the number of county councillors and 
 electoral divisions in a county, is desirable ; or 
 (f) That the alteration of any area of local government partly 
 situate in their county or borough is desirable ; 
 the Local Government Board shall, unless for special reasons they 
 think that the representation ought not to be entertained, cause to 
 be made a local inquiry, and may make an order for the proposal 
 contained in such representation, or for such other proposal as 
 they may deem expedient, or may refuse such order, and if they 
 make the order may by such order divide or alter any electoral 
 division. 
 This sub-section enumerates the several kinds of representation which may 
 be made by county councils under the last section. 
 It is difficult to suggest what special reasons may exist to induce the Local 
 Government Board not to entertain a representation. This provision seems to 
 give that Board an absolute discretion as to whether they will entertain a 
 
 representation or not. 
 As to local inquiries, see section 87, post. 
 
 daries, 
 
96 
 Sect. 54 
 
 NOTE 
 Sus-S, l. 
 
 Contents 
 of provi- 
 sional 
 order 
 amalga- 
 mating 
 two county 
 boroughs. 
 
 Local Government (Hngland & Wales) Act, 1888. 
 
 Tn the cases (a), (b), (e), and (d@), the order of the Board is to be provisional. 
 (As to provisional orders, see section 87, post.) In other cases the order will 
 be final. 
 
 (2) Provided, that in default of such representation by the 
 council of any county or borough before the first day of November, 
 one thousand eight hundred and eighty-nine, the Local Government 
 Board. may cause such local inquiry to be made, and thereupon 
 may make such order as they may deem expedient. 
 
 This enables the Local Government Board to act in default of representation 
 by the date named ; and see sub-section (5), infra. 
 
 (3) Provided, that if the order alters the boundary of a county 
 or borough, or provides for the union of a county borough with a 
 county, or for the union of any counties or boroughs, or for the 
 division of any county, or for constituting a borough into a county 
 borough, it shall be provisional only, and shall not have effect 
 unless confirmed by Parliament. 
 
 See the note to sub-section (1), supra. 
 
 (4) Where such order alters the boundary of a borough, it may, 
 as consequential upon such alteration, do all or any of the following 
 things, increase or decrease the number of the wards in the borough, 
 and alter the boundaries of such wards, and alter the apportionment 
 of the number of councillors among the wards, and alter the total 
 number of councillors, and in such case make the proportionate 
 alteration in the number of aldermen. | 
 
 This provision is obviously necessary when a borough is divided into 
 wards. 
 
 (5) At any time before the appointed day, the Local Government 
 Board may make an order in pursuance of this section without any 
 such representation as in this section mentioned. 
 
 This power can only be exercised before the appointed day, as to which see 
 section 109, post. After the appointed day, the Board cannot act without a 
 representation from the county council, except as provided by sub-section (2), 
 supra. 
 
 55, (1) Where the Local Government Board make a provisional 
 order for uniting two county boroughs, such order may make them. 
 one borough and one county for the purposes of this Act. 
 
 Such a provisional order may be made under section 54, sub-sections (1) and 
 (3), ante. 
 
 (2) Such order and also any other order under this Act for 
 uniting boroughs, whether county boroughs or not, may also 
 contain such provisions as may seem necessary or proper for regu- 
 
51 d 52 Vict. c. 41. Uy 
 
 lating the division of the combined borough into wards, the number Sect. 55. 
 of councillors to be elected for each ward, and the first election of pede) 2, 
 the council of the combined borough, and for providing for the 
 
 clerks of the peace, coroners, town clerks, and officers of the 
 boroughs, and the application to them of the provisions of this Act 
 
 as to existing officers, and for providing for all matters incidental 
 
 to or consequential on the union of the boroughs. 
 
 An order for uniting boroughs may be made under section 54, sub-sections (1) 
 and (3), ante. 
 
 The provisions of this Act as to existing officers are contained in sections 
 
 118—120, post. 
 
 (8) When any such provisional order is confirmed, it shall be 
 lawful for Her Majesty to grant a commission of the peace and 
 court of quarter sessions to the combined borough in like manner 
 as to any other borough under the Municipal Corporations Act, 
 1882, "and the provisional order may contain such provisions as 
 appear necessary or proper for regulating all matters incidental to 
 such grant, and to the changes caused by the union of the boroughs 
 in matters connected with such commission or court or otherwise 
 with the administration of justice. * 
 
 A provisional order must be confirmed by Parliament. See section 54, sub- 
 
 section (3), ante. 
 
 A commission of the peace is granted to a borough under section 157 of the 
 Municipal Corporations Act, 1882. A separate court of quarter sessions is 
 made under section 162 of the same Act. See section 37 of this Act as to the 
 effect of such a grant. 
 
 56. Where a petition is presented to Her Majesty the Queen by Procedure 
 
 the inhabitant householders of any town or towns or district, in peda 
 
 pursuance of the Municipal Corporations Act, 1882, for the grant borough 
 of a charter of incorporation, notice of such petition shall be given 
 to the county council of the county in which such town, towns, or 
 district is or are situate, and shall also be sent to the Local 
 Government Board, and the Privy Council shall consider any 
 representations made by such county council or the Local Govern- 
 ment Board, together with the petition for such charter. 
 
 A charter is granted to a new borough under Part XI. of the Municipal 
 Corporations Act, 1882, on petition to the Queen by the inhabitant house- 
 holders of tke district for which the charter is desired. The petition is 
 referred to a committee of the Privy Council, and considered by them after 
 notices have been duly published of their intention to do so. The notice of 
 petition must now be sent to the county council and the Local Government 
 Board, whose representations (if any) must be considered by the committee of 
 the Privy Council along with the petition for the charter. 
 
 H 
 
98 Local Government (England d Wales) Act, 1888. 
 Rect. 57. 57. (1) Whenever a county council is satisfied that a prima 
 UB 
 
 =>" facie case is made out as respects any county district not a borough, 
 
 Future or as respects any parish, for a proposal for all or any of the 
 alteration ; ; : 
 of county following things; that is to say— 
 
 atte (a) The alteration or definition of the boundary thereof ; 
 
 parishes (b) The division thereof or the union thereof with any other 
 a Mink such district or districts, parish or parishes, or the 
 establish- transfer of part of a parish to another parish ; 
 
 ee (c) The conversion of any such district or part thereof, if it is a 
 districts, rural district, into an urban district, and if it is an urban 
 
 district, into a rural district, or the transfer of the whole 
 or any part of any such district from one district to 
 another, and the formation of new urban or rural 
 districts ; 
 
 (ad) The division of an urban district into wards; and 
 
 (e) The alteration of the number of wards, or of the boundaries 
 of any ward, or of the number of members of any district 
 council, or of the apportionment of such members among 
 the wards, 
 
 the county council may cause such inquiry to be made in the 
 locality, and such notice to be given, both in the locality and to 
 the Local Government Board, Education Department, or other 
 Government Department as may be prescribed, and such other 
 inquiry and notices (if any) as they think fit, and if satisfied that 
 such proposal is desirable, may make an order for the same 
 accordingly. 
 
 This section applies to the alteration of boundaries of urban districts (other 
 than boroughs), rural districts, and parishes, the establishment of urban 
 districts, and the creation or alteration of wards in urban districts. 
 
 The existing powers for the alteration, &c., of parishes are those of the 
 Local Government Board under the Acts mentioned in the note to sub-section 
 (7), infra. 
 
 Urban districts are at present created under the Public Health Act, 1875, 
 
 which also deals with the division of such districts into wards and the 
 
 alteration of wards. The provisions of that Act as to these matters will be 
 superseded by the text. 
 
 The “ prescribed ’’ notices to Government Departments are those prescribed 
 by the Local Government Board under section 87, sub-section (4), post. 
 
 The order under this sub-section is made hy the county council, subject, 
 however, to the provisions contained in the following sub-sections. 
 
 (2) Notice of the provisions of the order shall be given, and 
 copies thereof shall be supplied in the prescribed manner, and 
 otherwise as the county council think fit, and if it relates to the 
 division of a district into wards, or the alteration of the number 
 
51 dé 62 Vict. c. 41. 
 
 99 
 
 of wards or of the boundaries of a ward, or of the number of the Rect, 57, 
 
 members of a district council, or of the apportionment of the 
 members among the wards, shall come into operation upon being 
 finally approved by the county council. 
 
 The “prescribed manner” means as the Local Government Board may 
 prescribe. See section 87, sub-section (4), post. 
 
 After the notices here referred to have been given, the order, if it relates to 
 the matters above specified, must be again approved by the county council, 
 
 and it will then come into operation at once. The cases mentioned are those 
 specified in sub-section (1) (d) and (e). 
 
 (3) In any other case the order shall be submitted to the Local 
 Government Board; and if within three months after such notice 
 of the provisions of the order as the Local Government Board 
 determine to be the first notice, the council of any district affected 
 by the order, or any number of county electors registered in that 
 district or in any ward of that district, not being less than one- 
 sixth of the total number of electors in that district or ward, or if 
 the order relates only to a parish, any number of county electors 
 registered in that parish, not being less than one-sixth of the total 
 
 number of electors in that parish, petition the Local Government 
 
 Board to disallow the order, the Local Government Board shall 
 cause to be made a local inquiry, and determine whether the order 
 is to be confirmed or not. 
 
 ‘Tn any other case” means in any of the cases mentioned in sub-section (1) 
 
 (a) (4) and (e). 
 
 During three months the order will be of no effect. If petitioned against 
 as here provided, the Local Government Board must hold a local inquiry 
 under section 87. After such inquiry the Board may refuse to confirm the 
 order, or they may confirm it with modifications. See sub-section (5), infra. 
 
 (4) If any such petition is not presented, or being presented is 
 withdrawn, the Local Government Board shall confirm the order. 
 
 Observe that this provision is imperative. The Local Government Board 
 have no discretion in the matter. 
 
 (5) The Local Government Board, on confirming an order, may 
 make such modifications therein as they consider necessary for 
 carrying into effect the objects of the order. 
 
 See the note to sub-section (3), supra. 
 
 (6) An order under this section, when confirmed by the Local 
 Government Board, shall be forthwith laid upon the table of both 
 Houses of Parliament, if Parliament be then sitting, and, if not, 
 forthwith after the then next meeting of Parliament. 
 
 (7) This section shall be in addition to, and not in derogation 
 
 H 2 
 
100 Local Government (England & Wales) Act, 1888. 
 
 Sect. 7. of, any power of the Local Government Board in respect of the 
 
 — union or division or alteration of parishes. 
 
 The powers of the Local Government Board as to the adjustment of parishes 
 are conferred by 30 & 31 Vict. c. 106, s. 3; 34 & 35 Vict. c. 70; 39 & 40 Vict. 
 8. 61, ss. 1—9; 42 & 43 Vict. c. 54; 45 and 46 Vict... 58. 
 
 pee 58, The Local Government Board, where it appears expedient 
 eal so to do with reference to any poor law union which is situate in 
 
 Govern- more than one county, instead of dissolving the union may by order 
 
 ment 5 ° P 
 
 Boardas provide that the same shall continue to be one union for the 
 
 to unions. purposes of indoor paupers or any of those purposes, and shall be 
 divided into two or more poor law unions for the purpose of 
 outdoor relief, and may by the order make such provisions as seem 
 expedient for determining all other matters in relation to which 
 such union is to be one union or two or more unions. 
 
 The Local Government Board has power to alter or dissolve a union under 
 4&5 Will. 4, c. 76, 5.32; 7 & 8 Vict. c. 101, 8. 66; 31 & 32 Vict. ce. 122, 8. 4; 
 39 & 40 Vict, c. 61, 8. 11. 
 
 The text enables the Board to divide a union for the purpose of outdoor 
 relief while continuing it as one union for other purposes, such as the work- 
 house. 
 
 This “forms an exception to the general scheme of the Act as stated in 
 section 53, that no area of local government shall be situate in more than one 
 county. 
 
 BUPple, 59. (1) A scheme or order under this Act may make such 
 provisions administrative and judicial arrangements incidental to or conse- 
 as to quential on any alteration of boundaries, authorities, or other 
 
 alteration : 
 of areas, matters made by the scheme or order as may seem expedient. 
 
 This provision applies apparently to any scheme or order under the Act. A 
 scheme for regulating quarter sessions in London may be made under section 
 42, sub-section (7), ante, p. 78. Orders may be made under many sections, but 
 see especially sections 52—57, ante. 
 
 Provisional orders may be made under sections 4, 10, 12, 14, 49, 52, 54, 55, 
 and 69. 
 
 (2) A place which is part of an administrative county for the 
 purposes of this Act shall, subject as in this Act mentioned, form 
 part of that county for all purposes, whether sheriff, lieutenant, 
 custos rotulorum, justices, militia, coroner, or other. Provided 
 that— 
 
 (a) Notwithstanding this enactment, each of the entire counties 
 of York, Lincoln, Sussex, Suffolk, Northampton, and 
 Cambridge shall continue to be one county for the said 
 purposes so far as it is one county at the passing of this 
 Act; and 
 
51 € 52 Vict. c. 41. 101 
 
 (0) This enactment shall not affect the existing powers or privi- Sodio 
 leges of any city or borough as respects the sheriff,~ —— 
 lieutenant, militia, justices, or coroner; but, if any 
 county borough is, at the passing of this Act, a part of 
 any county for any of the above purposes, nothing in 
 this Act shall prevent the same from continuing to be part 
 of that county for that purpose; and 
 
 (c) This enactment shall not affect parliamentary elections nor 
 the right to vote at the election of a member to serve in 
 Parliament, nor land tax, tithes, or tithe rentcharge, nor 
 the area within which any bishop, parson, or other 
 ecclesiastical person has any cure of souls or jurisdiction. 
 
 As to the definition of “administrative county,” see section 100, post. 
 
 The purposes specified are merely illustrative, not restrictive. 
 As to coroners whose district is in two administrative districts, see section 5, 
 sub-sections (3), (4), ante, p. 12. 
 
 (3) For the purposes of parliamentary elections, and of the 
 registration of voters for such elections, the sheriff, clerk of the 
 peace, and council of the county in which any place is comprised 
 at the passing of this Act, for the purpose of parliamentary elections 
 shall, save as otherwise provided by the scheme or order, or by the 
 County Electors Act, 1888, or this Act, continue to have the same 
 powers, duties, and liabilities as they would have had if no 51 & 52 
 alteration of boundary had taken place. Viste 
 
 (4) Any scheme or order made in pursuance of this Act may, so 
 far as may seem necessary or proper for the purposes of the 
 scheme or order, provide for all or any of the following matters, 
 that is to say,— 
 
 (a) May provide for the abolition, restriction, or establishment, 
 or extension of the jurisdiction of any local authority in 
 or over any part of the area affected by the scheme or 
 order, and for the adjustment or alteration of the boun- 
 daries of such area, and for the constitution of the local 
 authorities therein, and may deal with the powers and 
 duties of any council, local authorities, quarter sessions, 
 justices of the peace, coroners, sheriff, lieutenant, custos 
 rotulorum, clerk of the peace, and other officer therein, 
 and with the costs of any such authorities, sessions, 
 persons, or officers as aforesaid, and may determine the 
 status of any such area as a component part of any larger 
 area, and provide for the election of representatives in 
 such area, and may extend to any altered-area the pro- 
 
102 
 
 Sect. 59. 
 Subs -S. 4a. 
 
 —w 
 
 Local Government (England & Wales) Act, 1888. 
 
 visions of any local Act which were previously in force 
 in a portion of the area; and 
 
 (b) May make temporary provision for meeting the debts and 
 liabilities of the various authorities affected by the 
 scheme or order, for the management of their property, 
 and for regulating the duties, position, and remuneration 
 of officers affected by the scheme or order, and applying to 
 them the provisions of this Act as to existing officers; and 
 
 (c) May provide for the transfer of any writs, process, records, 
 and documents relating to or to be executed in any part 
 of the area affected by the scheme or order, and for 
 determining questions arising from such transfer; and 
 
 (d) May provide for all matters which appear necessary or proper 
 for bringing into operation and giving full effect to the 
 scheme or order; and 
 
 (ce) May adjust any property, debts, and liabilities affected by 
 the scheme or order. 
 
 The provisions of this sub-section are most comprehensive. The scheme or 
 order may apparently provide for every conceivable contingency incidental to 
 or consequential upon it. 
 
 The costs mentioned in paragraph (a) will apparently include the salaries 
 and remuneration of officers. 
 
 (5) Where an alteration of boundaries of a county is made by 
 this Act an order for any of the above-mentioned matters may, if 
 it appears to the Local Government Board desirable, be made by 
 that Board, but such order, if petitioned against by any council, 
 sessions, or local authority affected thereby, within three months 
 after notice of such order is given in accordance with this Act, shall 
 be provisional only, unless the petition is withdrawn or the order is 
 confirmed by Parliament. 
 
 An alteration of boundaries of a county is made by the Act under sections 
 40, 48, 49, 50. 
 
 As to provisional orders, see section 87, post. 
 
 (6) A scheme or order may be made for amending any scheme 
 or order previously made in pursuance of this Act, and may be 
 made by the same authority and after the same procedure as the 
 original scheme or order. Where a provision of this Act respecting 
 a scheme or order requires the scheme or order to be laid before 
 Parliament, or to be confirmed by Parliament, either in every case or 
 if it is petitioned against, such scheme or order may amend any 
 local and personal Act. 
 
 Orders must be laid before Parliament under section 57, sub-section (6), 
 Provisional orders must in every case be confirmed by Parliament. See 
 section 87, post. 
 
51 dé 52 Vict. c. 41. 103 
 
 60. In every alteration of boundaries effected under the authority Sect. 60. 
 of this Act, care shall be taken that, so far as practicable, the General 
 boundaries of an area of local government shall not intersect the provision 
 
 é as to al- 
 boundaries of any other area of local government. feratiant on 
 
 TF aR? ; : boundaries 
 This is a general direction, Areas of local government include unions, 
 
 urban districts, highway districts, parishes, and similar areas. 
 
 61, (1) For the purposes of this Act the Right Honourable Appoint- 
 Edward Henry, Karl of Derby, the Right Honourable George John ment of 
 Shaw-Lefevre, John Lloyd Wharton, Esquire, Francis Mowatt, Sanaa 
 Esquire, C.B., and Joseph J. Henley, Esquire, shall be appointed 
 Commissioners. , 
 
 The duties of the Commissioners are prescribed by sections 32, 40, sub-section 
 (7), section 62, sub-section (1), and section 64, sub-section (1) (¢). 
 
 (2) If a vacancy occurs in the office of any of the Commissioners 
 by reason of death, resignation, incapacity, or otherwise, it shall be 
 lawful for Her Majesty the Queen, under Her Royal Sign Manual, 
 to appoint some other person to fill the vacancy, and so from time 
 to time as often as occasion requires. 
 
 (3) The Commissioners may from time to time, with the assent 
 of the Treasury as to number, appoint or employ such number of 
 officers and persons as they may think necessary for the purpose 
 of the execution of their duties under this Act, and may remove 
 any officer or person so appointed or employed. 
 
 The expression “ the Treasury ” means the Commissioners of Her Majesty’s 
 Treasury. See section 100, post. 
 
 (4) There shall be paid to any officer or person appointed or 
 employed under this section such salaries or other remuneration 
 as the Treasury may assign, and that remuneration and all expenses 
 of the Commissioners, incurred with the sanction of the Treasury 
 in the execution of this Act, shall be paid out of moneys provided 
 by Parliament. 
 
 (5) On holding any inquiry for the purposes of this Act, any 
 Commissioner or officer of the Commissioners shall have the same 
 
 i Local Government Board has on 
 powers as an inspector of the g scent 
 
 holding a local inquiry under the Public Health Act, 1875. Wists eee 
 
 An inspector of the Local Government Board has, by virtue of section 296 
 of the Public Health Act, 1875, for the purpose of any inquiry, in relation to 
 witnesses and their examination, the production of papers and accounts, and 
 the inspection of places and matters required to be inspected, similar powers 
 to those which poor law inspectors have under the Acts relating to the relief 
 
 of the poor for the purposes of these Acts. The 4 & 5 Will. 4, c. 76, s, 12, 
 
104 
 
 Sect. 61. 
 
 NOTE 
 SuUBSS. 5. 
 
 Local Government (England & Wales) Act, 1888. 
 
 and 10 & 11 Vict. c. 109, ss. 20, 21, contains the provisions as to the powers of 
 poor law inspectors. 
 
 The provisions of the Public Health Act, 1875, as to local inquiries are set 
 out in the note to section 87, post. 
 
 (6) There shall be paid to the Commissioners by the councils of 
 the counties and county boroughs whose financial relations are 
 adjusted by the Commissioners in pursuance of this Act, such 
 amounts as the Treasury may fix as necessary for the payment of 
 the costs of such adjustment, including a proper share of the 
 salaries and remuneration of the officers and persons appointed or 
 employed by such Commissioners, and such amounts shall be paid 
 into the Exchequer, and the amount so paid shall be included as 
 part of the adjustment. 
 
 These councils and county boroughs will be those enumerated in the 3rd 
 
 Schedule, and those referred to in section 40, sub-section (7), in default of 
 agreement. 
 
 (7) The authority of the Commissioners shall extend to the 
 settlement and the determination by them, on such terms and in 
 such manner as they, in their absolute discretion, think most just 
 and fit, of the matters referred to them, and also of all such matters 
 and questions as are, in their judgment, incident thereto or con- 
 sequent thereon, to the end that their award or awards may effect 
 a final settlement, and until a final settlement is made the authority 
 of the Commissioners shall extend to determine the proportions in 
 which payments are to be made to the councils of counties and 
 county boroughs out of the Local Taxation Account, and all 
 
 payments so made shall be taken into account in the making of the 
 adjustment. 
 
 See with reference to the concluding part of this sub-section, section 32, 
 sub-section (7), which provides that the Commissioners shall take into account 
 sums paid by the county or county borough pending the adjustment. 
 
 As to the adjustment generally see section 32, ante, p. 54. 
 
 (8) Every award, order, and other instrument made by or 
 proceeding from the Commissioners shall be binding and conclusive 
 to and for all intents and purposes, and shall have the like effect 
 as if it had been made by a judge of the High Court of Justice in 
 England, and shall be acted on, obeyed, executed and enforced by 
 all sheriffs and other officers and persons accordingly. No such 
 award, order, or other instrument shall be removable by any writ 
 or process into any of Her Majesty's Courts, and the Commissioners, 
 proceedings, or acts shall not be liable to be interfered with or 
 
51 & 52 Vict. c. 41. 105 
 
 questioned by or in any court, or elsewhere, by way of mandamus, Back OF 
 prohibition, injunction, or otherwise. Bs 
 
 The award of the Commissioners will have the same effect as a judgment 
 and it will be absolutely conclusive. 
 
 (9) The costs of and attending the inquiry and award shall be ~ 
 borne and paid by the parties out of the fund or rate applicable to 
 their general expenses, in such proportions as the Commissioners 
 may direct, and the Commissioners may order the taxation of any 
 costs in such manner as they may see fit. 
 
 The fund or rate will be the county fund or rate, or the borough fund or 
 rate, as the case may be. See section 68, post. 
 (10) The powers of the Commissioners shall, unless continued 
 
 by Parliament, cease on the last day of December, one thousand 
 eight hundred and ninety. 
 
 62, (1) Any councils and other authorities affected by this Act Aaiee 
 or by any scheme, order, or other thing made or done in pursuance See 
 of this Act, may from time to time make agreements for the pur- and lia- 
 pose of adjusting any property, income, debts, liabilities, and Pilities. 
 expenses, so far as affected by this Act or such scheme, order, or 
 thing of the parties to the agreement, and the agreement and any 
 other agreement authorised by this Act to be made for the purpose 
 of the adjustment of any property, debts, liabilities, or financial 
 relations, may provide for the transfer or retention of any property, 
 debts, and liabilities, with or without any conditions, and for the 
 joint use of any property, and for the transfer of any duties, and 
 for payment by either party to the agreement in respect of property, 
 debts, duties, and liabilities so transferred or retained, or of such 
 jomt user, and in respect of the salary, remuneration, or com- 
 pensation payable to any officer or person, and that either by way 
 of a capital sum, or of a terminable annuity for a period not 
 exceeding that allowed by the Commissioners under this Act or 
 the Local Government Board. 
 
 This provision gives to councils and other authorities very wide powers 
 
 as to agreements for the adjustment of property, &c., when that is necessary 
 under this Act. 
 
 The Commissioners under this Act are those named in the last section. 
 
 (2) In default of an agreement as to any matter requiring 
 adjustment for the purpose of this Act, or any matter which, in 
 case of difference, is to be referred to arbitration, then, if no 
 other mode of making such adjustment or determining such 
 
106 
 ech, Be 
 
 SUB-S 
 
 8 & 9 Vict. 
 
 Cle: 
 
 Local Government (England & Wales) Act, 1888. 
 
 difference is provided by this Act, such adjustment or difference 
 ‘may be made or determined by an arbitrator appointed by the 
 parties, or in case of difference as to the appointment, appointed by 
 the Local Government Board. 
 
 (8) An arbitrator appointed under this Act shall be deemed to be 
 an arbitrator within the meaning of the Lands Clauses Consolidation 
 Act, 1845, and the Acts amending the same, and the provisions of 
 those Acts with respect to an arbitration shall apply accordingly ; 
 and further, the arbitrator may state a special case, and notwith- 
 standing anything in the said Acts, shall determine the amount of 
 the costs, and shall have power to disallow as costs in the arbitration 
 the costs of any witness whom he considers to have been called 
 unnecessarily, and any other costs which he considers to have been 
 incurred unnecessarily. 
 
 The Lands Clauses Acts in so far as they relate to arbitration are 8 Vict. 
 c. 18, ss, 23, 25—37 ; 32 & 33 Vict. c. 18; 46 Vict. c. 15. These Acts will be 
 found in the Appendix to Lumley’s Public Health. An arbitrator under this 
 Act will, however, have the further powers above mentioned, viz., to state a 
 
 case, to determine and disallow costs. By the text he is required, and not 
 merely empowered, to determine the costs. 
 
 (4) Any award or order made by the Commissioners or any 
 arbitrator under this Act may provide for any matter for which 
 an agreement might have provided. 
 
 As to what might have been provided for by agreement, see sub-section (1), 
 supra. 
 
 (5) Any sum required to be paid for the purpose of adjustment, 
 or of any ward or order made by the Commissioners, or an arbi- 
 trator under this Act, may be paid out of the county or borough 
 fund or out of such other special fund as the council, with the 
 approval of, the Commissioners under this Act or of the Local 
 Government Board, may direct. 
 
 (6) The payment of any capital sum required to be paid for 
 the purposes of the adjustment, or of an agreement under this Act, 
 or of any award or order made upon any arbitration under this 
 Act, shall be a purpose for which a council may borrow under this 
 Act, or in the case of a borough council, under the Municipal 
 Corporations Act, 1882, or any local Act, and such sum may 
 be borrowed on the security of all or any of the funds, rates, - 
 and revenues of the council, and either by the creation of stock 
 or in any other manner in which they are for the time being 
 authorised to borrow, and such sum may be borrowed without the 
 consent of the Treasury or any other authority, so that it be repaid 
 
51 ¢ 52 Vict. c. 41. 
 
 within such period as the Local Government Board may sanction, 
 by such method as is mentioned in Part Four of this Act for 
 paying off a loan, or, if the sum is raised by stock under a local 
 Act, by such method as is directed by that Act. 
 
 The power of a council to borrow under this Act depends upon section 69, 
 post. 
 
 As to borrowing by a borough council under the Municipal Coaporations: 
 
 Act, 1882, see section 72, post, which substitutes the Local Government Board 
 for the Treasury. No consent will be required for borrowing for the purpose 
 above mentioned if the loan is paid off within a period prescribed by the Local 
 Government Board, by a method mentioned in section 69, post, or in manner 
 prescribed by a local Act. 
 
 (7) Any capital sum paid to any council for the purpose of any 
 adjustment, or in pursuance of any order or award of an arbitrator 
 under this Act, shall be treated as capital, and applied, with the 
 sanction of the Local Government Board, either in the repayment 
 of debt, or for any other purpose for which capital money may be 
 applied. 
 
 The sanction of the Local Government Board will be necessary for any 
 application of this capital sum. See section 69, sub-section (3), post. 
 
 107 
 Sect. 62. 
 
 SuB-S. 6. 
 
 63. Where the Local Government Board are required in pur- Arbitra- 
 suance of this Act to decide any difference or other matter referred #0" ny 
 
 Local 
 
 to arbitration in pursuance of this Act, the provisions of the Regula- Govern- 
 tion of Railways Act, 1868, respecting arbitrations by the Board of ment 
 
 oard, 
 
 Trade, and the enactments amending those provisions, shall apply 31 & 32 
 as if they were herein re-enacted, and in terms made applicable to Vict. ¢. 
 
 the Local Government Board and the decision of differences and 
 matters under this Act. 
 
 The provisions of the Regulation of Railways Act, 1868, 31 & 32 Vict. 
 ce. 119, here referred to are contained in sections 30—32, of that Act. Under 
 these, as applied by the above section, the Local Government Board may 
 appoint an arbitrator, whose award or decision shall be that of the Board. 
 The Board may fix the remuneration of the arbitrator. The costs of the 
 arbitration are to be regulated by 22 & 23 Vict. c.59, which places them in the 
 discretion of the arbitrator. If the award does not otherwise determine, the 
 (bee of the arbitration and award are to be borne by the parties in equal 
 shares. 
 
108 
 
 Sect. 64, 
 SuB-S. 1, 
 
 Transfer 
 of county 
 property 
 and 
 liabilities, 
 
 Local Government (England & Wales) Act, 1888. 
 
 PA Ray 
 
 FINANCE. 
 
 Property Funds and Costs of County Council. 
 
 64, (1) On and after the appointed day all property of the 
 quarter sessions of a county, or held by the clerk of the peace, or 
 any justice or justices of a county, or treasurer, or commissioners, 
 or otherwise for any public uses and purposes of a county, or any 
 division thereof, shall pass to and vest in and be held in trust for 
 the council of the county, subject to all debts and liabilities affecting 
 it, and shall be held by the county council for the same estate, 
 interest, and purposes, and subject to the same covenants, con- 
 ditions, and restrictions, for and subject to which that property 
 is or would have been: held if this Act had not passed so far as 
 those purposes are not modified by this Act. Provided that— 
 
 (a) The existing records of or in the custody of the court of 
 quarter sessions shall, subject to any order of that court, 
 remain in the same custody in which they would have 
 been if this Act had not passed; and 
 
 (b) Where any property belongs to a charity, nothing in this Act 
 shall affect the trust of such charity, and until otherwise 
 directed by the Charity Commissioners for England and 
 Wales, the trustees or managers of the charity shall be 
 appointed in like manner as if this Act had not passed ; 
 and 
 
 (c) The justices of any county may retain any pictures, chattels, 
 or property on the ground that the same have been pre- 
 sented to them or purchased out of their own funds or 
 otherwise belong to them, and are not held for public 
 purposes of the county, and any difference arising between 
 the county council and the justices with respect to any 
 such retention shall be referred to and determined by the 
 Commissioners under this Act. 
 
 For the definition of the expressions ‘“ property,” “ liabilities,” “ division,” 
 
 &e., see section 100, post. 
 
 As to the “ appointed day,” see section 109, post. 
 
 The records of the county are in the custody of the custos rotulorwm or of 
 the clerk of the peace, who is at present appointed by him, See as to duty of 
 the clerk of the peace as clerk of the council, section 83, post. 
 
 The saving as to pictures, chattels, &c., is intended to preserve to the justices 
 property which may have been presented to them or are not held for public 
 
 purposes. 
 As to the commissioners, see section 61, ante, p. 103, 
 
51 & 52 Vict. c. 41. 
 
 109 
 
 (2) On and after the appointed day all debts and liabilities of the Sect. We 
 
 quarter sessions, or of the clerk of the peace, or any justice or 
 justices, or treasurer, or commissioners, incurred for county pur- 
 poses, shall become debts and liabilities of the county council, and 
 shall, subject to the provisions of this Act, be defrayed by them 
 out of the like property and funds out of which they would have 
 been defrayed if this Act had not passed. 
 
 (8) The county council shall have full power to manage, alter, 
 and enlarge, and, with the consent of the Local,Government Board, 
 to alienate any land or buildings transferred by this section, or 
 otherwise vested in the council, but shal] provide such accommoda- 
 tion and rooms, and such furniture, books, and other things, as may 
 from time to time be determined by the standing joint committee 
 of quarter sessions and the county council to be necessary or 
 proper for the due transaction of the business, and convenient 
 keeping of the records and documents, of the quarter sessions and 
 justices out of sessions, or of any committee of such quarter sessions 
 or justices. 
 
 The consent of the Local Government Board is necessary for the alienation 
 of any property transferred. As to the proceeds of any sale, see section 65, 
 sub-section (3), post. 
 
 As to the Reading joint committee, see section 30, ante, p. 52. 
 
 (4) This section shall apply, with the necessary modifications, to 
 the administrative counties of Sussex and Suffolk. 
 
 As to these administrative counties, see section 46, ante, p. 85. 
 
 (5) This section shall apply in the case of the property, debts, 
 and liabilities of the justices of all the ridings and divisions of the 
 counties of York or Lincoln at their gaol sessions, or of commis- 
 Sioners appointed by the justices, in like manner as if it were 
 herein re-enacted with the substitution of gaol sessions or com- 
 missioners for quarter sessions, and of clerk of gaol sessions for 
 clerk of the peace, and as if the joint committee of the councils of 
 the three ridings or divisions were the council of the county; and 
 the said joint committee shall, for the purposes of the said property, 
 debts, and liabilities, and for the transaction of the administrative 
 business and execution of their duties under this Act, be a body 
 corporate, with perpetual succession and a common seal, by the 
 name of the county committee, with the prefix of the name of the 
 county, and with power to acquire and hold land for the purposes 
 of their constitution without license in mortmain. 
 
 As to the gaol sessions in these counties, see section 46, sub-section (2), 
 ante, p. 85. 
 
 The joint committees will be corporate bodies known as the Yorkshire 
 County Committee and the Lincolnshire County Committee, 
 
110 
 Sect. 64. 
 
 SuB-S. 6. 
 
 ee 
 
 Power to 
 acquire 
 lands. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (6) The county council of the soke of Peterborough shall be 
 liable to repair the county bridges in the soke, and if any costs are 
 incurred by the county council of the county of Northampton for 
 the benefit of the soke, an adjustment thereof shall be made by 
 agreement, or by arbitration in manner provided by this Act. 
 
 As to the soke of Peterborough and the residue of the county of North- 
 ampton, see section 46, ante, p. 85. 
 As to arbitration under this Act, see section 62, ante, p. 105, 
 
 65. (1) A county council may, from time to time, for the purpose 
 of any of their powers and duties, including those which are to be 
 executed through the standing joint committee, acquire, purchase, 
 or take on lease, or exchange any lands or any easements or rights 
 over or in land, whether situate within or without the county, and 
 may acquire, hire, erect, and furnish such halls, buildings, and 
 offices as they may from time to time require, whether within or 
 without their county. 
 
 Existing county buildings will pass to the county council under the last 
 section, subject, however, to the right of the quarter sessions or justices to use 
 them for the holding of courts. See section 30, sub-section (3), ante, p. 53. 
 
 As to the standing joint committee, see section 30, ante, p. 52, 
 
 It should be mentioned that the county council have, by section 3, sub- 
 section (iv.), all the powers formerly possessed by the quarter sessions of 
 providing shire halls, county halls, &c., subject as to the use of buildings by 
 the quarter sessions and justices to the provisions of the Act respecting the 
 standing joint committee. 
 
 Observe that the lands, &c., acquired may be within or without the county, 
 
 (2) For the purpose of the purchase, taking on lease, or 
 exchange of such lands, sections one hundred and seventy-six, 
 one hundred and seventy-seven, and one hundred and seventy- 
 eight of the Public Health Act, 1875, shall apply as if they were 
 herein re-enacted, and in terms made applicable to the county 
 council. 
 
 The following are the provisions of these sections :— 
 
 “©176. With respect to the purchase of lands by a local authority for the 
 Sela of this Act, the following regulations shall be observed; (that is to 
 say, 
 
 ‘“‘(1) The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, shall be 
 incorporated with this Act, except the provisions relating to access to 
 the special Act, and except section one hundred and twenty-seven of 
 the Lands Clauses Consolidation Act, 1845: 
 
 “©(2) The local authority, before putting into force any of the powers of the 
 said Lands Clauses Consolidation Acts with respect to the purchase 
 and taking of lands otherwise than by agreement, shall 
 
 Publish once at least in each of three suecessive weeks in the 
 month of November, in some local newspaper circulated in their 
 district, an advertisement describing shortly the nature of the 
 
51 & 52 Vict. c. 41. 
 
 a1 
 
 undertaking in respect of which the lands are proposed to be Sect. 65. 
 
 taken, naming a place where a plan of the proposed undertaking 
 
 NOTE 
 
 may be seen at all reasonable hours, and stating the quantity of SUB-S. 2, 
 
 lands that they require ; and shall further 
 Serve a notice in the month of December on every Owner or 
 
 reputed owner, lessee or reputed lessee, and occupier of such 
 
 lands, defining in each case the particular lands intended to be 
 taken, and requiring an answer stating whether the person so 
 served assents, dissents, or is neuter in respect of taking such 
 lands : 
 
 (3) On compliance with the provisions of this section with respect to 
 advertisements and notices, the local authority may, if they think fit, 
 present a petition under their seal to the Local Government Board. 
 The petition shall state the lands intended to be taken, and the 
 purposes for which they are required, and the names of the owners, 
 lessees, and occupiers of lands who have assented, dissented, or are 
 neuter in respect of the taking such lands, or who have returned no 
 answer to the notice; it shall pray that the local authority may, with 
 reference to such lands, be allowed to put in force the powers of the 
 said Lands Clauses Consolidation Acts with respect to the purchase 
 and taking of lands otherwise than by agreement, and such prayer 
 shall be supported by such evidence as the Local Government Board 
 requires : 
 
 “(4) On the receipt of such petition, and on due ‘proof of the proper 
 advertisements having been published and notices served, the Local 
 Government Board shall take such petition into consideration, and 
 may either dismiss the same, or direct a local inquiry as to the 
 propriety of assenting to the prayer of such petition; but until such 
 inquiry has been made no provisional order shall be made affecting 
 any lands without the consent of the owners, lessees, and occupiers 
 thereof : 
 
 “(5) After the completion of such inquiry the Local Government Board 
 may, by provisional order, empower the local authority to put in force, 
 with reference to the lands referred to in such order, fhe powers of the 
 said Lands Clauses Consolidation Acts with respect to the purchase 
 and taking of lands otherwise than by agreement, or any of them, 
 and either absolutely or with such conditions and modifications as the 
 Board may think fit, and it shall be the duty of the local authority to 
 serve a copy of any order so made in the manner and on the person in 
 which and on whom notices in respect of such lands are required to 
 be served : 
 
 Provided that the notices by this section required to be given in the months of 
 November and December may be given in the months of September and 
 October or of October and November, but in either of such last-mentioned 
 cases an inquiry preliminary to the provisional order to which such notices 
 refer shall not be held until the expiration of one month from the last day of 
 the second of the two months in which the notices are given; and any notices 
 or orders by this section required to be served on a number of persons having 
 any right in, over, or on lands in common may be served on any three or more 
 of such persons on behalf of all such persons. 
 
 “177. Any local authority may, with the consent of the Local Government 
 Board, let for any term any lands which they may possess, as and when they 
 can conveniently spare the same. 
 
 “178. The Chancellor and Council of the Duchy of Lancaster for the time 
 being may, if they think fit (but subject and without prejudice to the rights 
 of any lessee, tenant, or occupier), from time to time contract with any local 
 authority for the sale of, and may (subject as aforesaid) absolutely sell and 
 dispose of, for such sum as to the said Chancellor and Council may appear 
 
112 
 Sect. 65. 
 
 NOTE 
 SuB-S. 2. 
 
 Costs of 
 justices 
 to be pay- 
 
 Local Government (England & Wales) Act, 1888. 
 
 sufficient consideration, the whole or any part of any lands belonging to Her 
 Majesty, her heirs or successors in right of the said duchy, or any right, 
 interest, or easement in, through, over, or on any such lands which, for the 
 purposes of this Act, such local authority from time to time deem it expedient 
 to purchase; and on payment of the purchase money, as provided by the Duchy 
 of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and 
 assure to the said authority, under the seal of the said duchy, in the name of 
 Her Majesty, her heirs or successors, the subject of such contract or sale, and 
 such money shall be dealt with as if such subject had been sold under the 
 authority of the Duchy of Lancaster Lands Act, 1855.” 
 
 (8) Where the county council, with the consent of the Local 
 Government Board, sell any land, the proceeds of such sale shall 
 be applied in such manner as the said Board sanction towards the 
 discharge of any loan of the council, or otherwise for any purpose 
 for which capital may be applied by the council. 
 
 The consent of the Local Government Board to the sale of any land is 
 required by section 64, sub-section (3), ante, p. 109. 
 
 The sanction of the Board will be necessary for any appropriation of the 
 proceeds of sale. 
 
 66. All costs incurred by the quarter sessions or the justices out 
 of session of a county, and all costs incurred by any justice, police 
 
 able out of officer, or constable, in defending any legal proceedings taken 
 
 county 
 fund. 
 
 Adjust- 
 ment of 
 law as 
 respects 
 costs 
 ordered by 
 quarter 
 
 against him in respect of any order made, or act done, in the 
 execution of his duty as such justice, police officer, or constable 
 shall, to such amount as may be sanctioned by the standing joint 
 committee of the county council and quarter sessions, and, so far 
 as they are not otherwise provided for, be paid out of the county 
 fund of the county, and the council of the county shall provide for 
 such payment accordingly. 
 
 This section was probably inserted in the Act having regard to the recent 
 case of Stops v. Northamptonshire JJ., Times L. R., vol. iv. p. 78, where it 
 was held that the justices of a county cannot lawfully pay out of the county 
 
 funds the costs and damages incurred by the chief constable of the county in 
 an action brought against him in respect of acts done in the execution of his 
 
 duty. 
 
 The Municipal Corporations Act, 1882, contains a somewhat similar provi- 
 sion enabling a borough council to pay costs or damages in any action against 
 one of their officers, agents, or servants. This provision is contained in 
 section 226, sub-section (3), of that Act, which is incorporated with this Act, 
 and therefore applies to county councils. See the section and the notes 
 
 thereto, post. 
 
 67. Any order of a court of quarter sessions, or of any justices 
 or justice out of session, for the payment by the county treasurer 
 of costs in criminal proceedings or of costs under the Act of the 
 forty-eighth year of the reign of King George the Third, chapter 
 seventy-five, shall be obeyed by the county treasurer in like manner 
 
51 d 52 Vict. c. 41. 118 
 
 as heretofore, and the county council shall cause the treasurer, or Sect. 67. 
 some other person on his behalf, to attend at every court of quarter sessions or 
 sessions for the purpose of paying such sums as may be ordered justices to 
 
 : be paid, 
 by the court to be so paid. 
 
 __ By 7 Geo. 4, c. 64, s. 22, the court before which any person is tried for any 
 
 felony is empowered to order payments to the prosecutor of his costs and 
 expenses in preferring the indictment, and to the prosecutor and the witnesses 
 for the prosecution of such sums as shall seem sufficient aud reasonable to 
 reimburse them for the expenses they may have incurred in attending before 
 the examining magistrates and the grand jury, and in otherwise carrying on 
 the prosecution, and also to compensate them for their trouble and loss of time 
 therein ; and such order may be made where any person shall have bond Jide 
 attended in obedience to recognizance or subpna, though no indictment is 
 preferred. The amount of the expenses of attending before the inagistrates is 
 to be ascertained by the certificate of the magistrates, and the other expenses 
 by the proper officer of the court. By section 22, the court is empowered to 
 make a similar order in certain specified cases of misdemeanour. By section 24 
 the order for payment is to be made upon the county treasurer,who is authorised 
 and required to pay the amount and is to be allowed the same in his accounts. 
 By section 25 all sums ordered to be paid under the Act in respect of felonies 
 or misdemeanours committed in liberties, franchises, cities, towns and places, 
 which do not contribute to the county rate are to be paid out of the rate in 
 the nature of a county rate, or out of any fund applicable to similar purposes 
 where there is such a fund by the treasurer or other officer having the collection 
 or disbursement of such rate or fund, and where there is no such rate or fund, 
 out of the poor rate by the overseers, and the order of the court is to be directed 
 to the treasurer, officer or overseers, and not to the county treasurer. By 
 14 & 15 Vict. c. 55, s. 2, the provisions of the former statute were extended to 
 certain other specified misdemeanours. By section 5 the Secretary of State is 
 to make regulations as to the scale of costs to be granted to prosecutors and 
 witnesses. By 29 & 30 Vict. c. 52,8. 1, magistrates were empowered to grant 
 a certificate for costs and expenses of prosecutors and witnesses in any case of 
 felony or of one of the specified misdemeanours mentioned in 7 Geo. 4, c. 64, 
 8. 23, or 14 & 15 Vict. c. 55, s. 2, though there might be no committal for trial; 
 by section 3 such certificates are to be forwarded by the clerks of the peace, 
 and laid before quarter sessions, who may allow the amount wholly or partially 
 and make orders on the treasurer, &c., for payment as under 7 Geo. 4, ¢. 64. 
 By 30 & 31 Vict. c. 35, the provisions of the preceding Acts were extended to 
 the expenses of witnesses for the defence who were bound over to appear at 
 the trial. In addition to the misdemeanours specified in 7 Geo. 4, c. 64, and 
 14 & 15 Vict. c. 55, the costs of the prosecution are to be allowed as in cases 
 of felony in misdemeanours under 14 & 15 Vict. c. 19,8. 14 ; 24 & 25 Vict. c. 96, 
 8. 121 ; 24 & 25 Vict. c. 97,8. 77 ; 24 & 25 Vict. c. 98, 8.54; 24 & 25 Vict. 
 €. 99, 8.42; 24 & 25 Vict. c. 100, 8s. 74,77; 32 & 83 Vict. c. O28. 17 = 
 48 & 49 Vict. c. 69, s. 18; also in cases of indictable offences dealt with 
 summarily under the Summary Jurisdiction Act, 1879, 42 & 43 Vict. c. 49, 
 8. 28. 
 
 The 48 Geo. 3, c. 75, provides that the overseers shall bury any dead bodies 
 cast up by the sea, and that their expenses shall be reimbursed by the county 
 treasurer on the order of a justice. The provisions of that Act are extended 
 by 49 Vict. c. 20, to the burial of any dead human bodies found in or cast on 
 ‘Shore from any tidal or navigable waters, and to any such body found floating 
 or sunken in any such waters and brought on to the shore or bank thereof. 
 The last-mentioned Act was passed in consequence of the decision in Woolwich 
 (Overseers of ) v. Robertson, 6 Q. B. D. 654; 50L. J. M. C. 87. 
 
 68, (1) All receipts of the county council, whether for general are of 
 
 or special county purposes, shall be carried to the county fund, and council. 
 I 
 
114 
 
 Local Government (England & Wales) Act, 1888. 
 
 Sect. 68. all payments for general or special county purposes shall be made 
 
 Sus-S. l. 
 
 in the first instance out of that fund. 
 
 General and special county purposes are defined in the subsequent sub- 
 sections of this section. 
 
 (2) In this Act the expression “ general county purposes ’’ means 
 all purposes declared by this or any other Act to be general county 
 purposes, and all purposes for contributions to which the county 
 council are for the time being authorised by law to assess the whole 
 area of their administrative county, and the expression ‘general 
 county account ’’ means the account of the county fund to which the 
 contributions so raised are carried, and any costs incurred for a 
 general county purpose shall be general expenses, and all costs 
 incurred by the county council in the execution of their duties 
 which are not by law made special expenses shall be general 
 expenses. 
 
 Purposes declared by this Act to be general county purposes are found in 
 section 11, sub-section (2), section 23, sub-section (2), section 25, sub-section 
 (2), section 35, sub-sections (3), (5), section 41, sub-section (5), section 42, 
 sub-section (3), section 75, sub-section (17), section 76, sub-section (4). 
 
 (3) In this Act the expression ‘‘ special county purposes’ means 
 any purposes from contribution to which any portion of the county 
 is for the time being exempt, and also includes any purposes where 
 the expenditure involved is by law restricted to a hundred, divi- 
 sion, or other limited part of the county, and the expression 
 ‘special county account ” means any account of the county fund 
 to which contributions for special county purposes are carried, 
 and any costs incurred for a special county purpose shall be special 
 expenses. 
 
 (4) If the moneys standing to the general county account of the 
 county fund are insufficient to meet the expenditure for general 
 county purposes, county contributions may be levied to meet the 
 deficiency on the whole administrative county, and shall be assessed 
 on all the parishes in the county. 
 
 (5) If the moneys standing to any special county account of the 
 county fund are insufficient to meet the expenditure for the special 
 county purposes chargeable to that account, county contributions 
 may be levied to meet the deficiency on any parishes in the county 
 liable to be assessed to county contributions for those purposes. 
 
 (6) Any precept for county contributions may include as separate 
 items a contribution for general county purposes, and a contribu- 
 tion for any special county purpose or purposes, and subject as in 
 this or any other Act mentioned, county contributions, whether for 
 
51 dé 52 Vict. c. 41. , 115 
 
 general or special county purposes, which are liable to be assessed Sect. 68. 
 on the parishes, shall be assessed on such parishes in proportion to aE 5 
 the annual value thereof, as determined by the standard or basis 
 for the county rate, and all enactments applying to such standard 
 or basis or to county rate shall (save as altered by this Act) apply, 
 so far as may be consistently with the tenor thereof, to county 
 contributions, and those enactments shall extend to all parishes , 
 within any borough which are liable under this Act to be assessed 
 to county contributions. 
 
 As to the preparation of the standard or basis for the county rate, see 
 section 3, sub-section (i.). See also section 33, ante, p. 59. 
 
 (7) The county council shall keep such accounts as will prevent 
 the whole administrative county from being charged with expen- 
 diture properly payable by a portion only of the county, and will 
 prevent any sums raised in a portion only of the county being 
 applied in reduction of expenditure properly payable by the whole 
 ora larger part of the county, and will further secure any such 
 exemption as above in this section mentioned, and will prevent 
 any sums by law specifically applicable to any particular purpose 
 from being applied to any other purpose. 
 
 (8) In determining the amount of expenditure for any particular 
 county purpose, general or special, a proper proportion of the cost 
 of the officers and buildings and establishment of the county 
 council may be added to the expenditure directly expended for 
 that purpose. 
 
 The establishment charges are to be apportioned between the general and 
 special county accounts. 
 
 (9) County contributions may be made retrospective in order to 
 raise money for the payment of costs incurred, or having become 
 payable at any time within six months before the demand of the 
 
 contributions. 
 
 This provision is similar to that contained in the Public Health Act, 1875, 
 s. 210, as to general district rates, It is intended to prevent the raising of 
 legal objections to county rates on the ground that they are retrospective. It 
 will be remembered that retrospective rates are illegal. See Reg. v. Read, 18 
 L. J. M. C. 164; Reg. v. Bedlington (Overseers of), 48 J. P. 486. 
 
 69. (1) The county council may from time to time, with the Harrow na 
 consent of the Local Government Board, borrow, on the security peepee: 
 of the county fund, and of any revenues of the council, or on either 
 such fund or revenues, or any part of the revenues, such sums as 
 may be required for the following purposes, or any of them, that is 
 to say: f 
 
 1 2 
 
Local Government (England & Wales) Act, 1888. 
 
 (a) For consolidating the debts of the county; and 
 
 (0) For purchasing any land or building any building, which 
 the council are authorised by any Act to purchase or 
 build ; and 
 
 (c) For any permanent work or other thing which the county 
 council are authorised to execute or do, and the cost 
 of which ought, in the opinjon of the Local Govern- 
 ment Board, to be spread over a term of years; and 
 
 (d) For making advances (which they are hereby authorised 
 to make) to any persons or bodies of persons, corporate 
 or unincorporate, in aid of the emigration or colonisa- 
 tion of inhabitants of the county, with a guarantee 
 for repayment of such advances from any local 
 authority in the county, or the Government of any 
 colony: and 
 
 (e) For any purpose for which quarter sessions or the county 
 council are authorised by any Act to borrow, 
 
 but neither the transfer of powers by this Act nor anything else 
 in this Act shall confer on the county council any power to 
 borrow without the consent above mentioned, and that consent 
 shall dispense with the necessity of obtaining any other consent 
 which may be required by the Acts relating to such borrowing, 
 and the Local Government Board, before giving their consent, 
 shall take into consideration any representation made by any 
 ratepayer or owner of property rated to the county fund. 
 
 Asto borrowing by the London County Council, seesection 40, sub-section(9), 
 ante, p. 76. 
 
 The power of borrowing in aid of emigration can only be exercised if a 
 guarantee for repayment is given as provided by the text. 
 
 Section 3 (ii.) transfers to the county council the powers of the quarter 
 sessions in respect of the borrowing of money. 
 
 The chief purposes for which quarter sessions might borrow were as follows: 
 Shire halls, county halls, sessions houses, and judges’ lodgings, 7 Geo. 4, c. 63; 
 35 & 36 Vict. c. 7; station houses and strong rooms, 3 & 4 Vict. c. 88, s. 125 
 38 & 39 Vict. c. 89, s. 40; county bridges, 4 & 5 Vict. c. 49; 8 & 9 Vict. c. 32; 
 43 & 44 Vict. c. 5; 44 & 45 Vict. c. 14; lunatic asylums, 16 & 17 Vict. c. 97, 
 ss. 47—52 ; reformatory and industrial schools, 37 & 38 Vict. c. 47; militia 
 storehouses, 17-& 18 Vict. c. 105; contagious diseases (animals), 41 & 42 Vict. 
 6.49 58.59, 
 
 The consent of the Local Government Board is necessary in all cases except 
 that mentioned in sub-section (3), infra. The provision as to representations 
 by owners and ratepayers is worthy of attention. 
 
 (2) Provided that where the total debt of the county council, 
 after deducting the amount of any sinking fund, exceeds, or if 
 the proposed loan is borrowed will exceed, the amount of 
 one-tenth of the annual rateable value of the rateable property 
 
Old o2 Vict. c. 41: 
 
 117 
 
 in the county, ascertained according to the standard or basis Sect. 69. 
 
 for the county rate, the amount shall not be borrowed, except 
 in pursuance of a provisional order made by the Local Govern- 
 ment Board and confirmed by Parliament. 
 
 As to provisional orders, see section 87, post. 
 
 (3) A county council may also from time to time, without 
 any consent of the Local Government Board, during the period 
 which was fixed for the discharge of any loan raised by them 
 under this Act or transferred to them by this Act, borrow on 
 the like security such amount as may be required for the pur- 
 pose of paying off the whole or any part of such loan, or if any 
 part of such loan has been repaid otherwise than by capital 
 money for reborrowing the amount so repaid, and for the 
 purpose of this section, ‘‘ capital money” includes any instal- 
 ments, annual appropriations, and sinking fund and the proceeds 
 of the sale of land or other property, but does not include 
 money previously borrowed for the purpose of repaying a loan. 
 
 As to the proceeds of the sale of land, see section 65, sub-section (3), ante. 
 
 (4) All money reborrowed shall be repaid within the period 
 fixed for the discharge of the original loan, and every loan for 
 reborrowing shall for the purpose of the ultimate discharge be 
 deemed to form part of the same loan as the original loan, and 
 the obligations of the council with respect to the discharge of 
 the original loan shall not be in any way affected by means of 
 the reborrowing. 
 
 (5) A loan under this section shall be repaid within such 
 period, not exceeding thirty years, as the county council, with 
 the consent of the Local Government Board, determine in each 
 case. 
 
 (6) The county council shall pay off every loan either by 
 equal yearly or half-yearly instalments of principal, or of prin- 
 cipal and interest combined, or by means of a sinking fund set 
 
 SUB-S. 2. 
 
 —— 
 
 apart, invested, and applied in accordance with the Local 38 & 39 
 
 Loans Act, 1875, and the Acts amending the same. 
 
 The Local Loans Act, 1875, is the 38 & 39 Vict. c. 83. The provisions of 
 that Act as to a sinking fund are contained in sections 13—16, amended by 
 48 & 49 Vict. c. 30. These Acts will be found set out in Lumley’s Public 
 Health, pp. 924, 1189. 
 
 (7) Where a loan is raised for any special county purpose, 
 the council shall take care that the sums payable in respect of 
 
 Vict. c. 83. 
 
118 
 Sect. 69. 
 
 SUB-S. 7 
 
 33 & 39 
 Vict. c. 55, 
 
 Local Government (England é Wales) Act, 1888. 
 
 the loan are charged to the special account to which the expen- 
 diture for that purpose is chargeable. 
 
 As to special county purposes, see section 68, sub-section (3), ante, p. 114. 
 
 (8) Where the county council are authorised to borrow any 
 money on loan they may raise such money either as one loan 
 or several loans, and either by stock issued under this Act or 
 by debentures or annuity certificates under the Local Loans 
 Act, 1875, and the Acts amending the same, or, if special 
 reasons exist for so borrowing, by mortgage, in accordance 
 with sections two hundred and thirty-six and two hundred 
 and thirty-seven of the Public Health Act, 1875. 
 
 As to the Local Loans Act, see the note to sub-section (6), supra. 
 As to the issue of county stock, see section 70, post. 
 Sections 236 and 237 of the Public Health Act, 1875, are as follows :— 
 
 ‘236. Every mortgage authorised to be made under this Act shall be by 
 deed, truly stating the date, consideration, and the time and place of payment, 
 and shall be sealed with the common seal of the local authority, and may be 
 made according to the form contained in Schedule IV. to this Act, or to the 
 like effect. 
 
 ** 237, There shall be kept at the office of the local authority a register of 
 the mortgages on each rate, and within fourteen days after the date of any 
 mortgage an entry shall be made in the register of the number and date 
 thereof, and of the names and description of the parties thereto, as stated in 
 the deed. very such register shall be open to public inspection during office 
 hours at the said office, without fee or reward ; and any clerk or other person 
 having the custody of the same, refusing to allow such inspection, shall be 
 able to a penalty not exceeding five pounds.” 
 
 (9) Provided that where a county council have borrowed by 
 means of stock they shall not borrow by way of mortgage 
 except for a period not exceeding five years. 
 
 As to borrowing by mortgage, see the last sub-section. 
 
 (10) Where the county council borrow by debentures such 
 debentures may be for any amount not less than five pounds. 
 Under the Local Loans Act, 1875, section 5, a debenture under that Act 
 
 shall not be issued for a sum less than the sum prescribed by a local Act, or 
 where no sum is prescribed for a sum less than 204. 
 
 (11) The provisions of this section which authorise advances 
 in aid of the emigration or colonisation of inhabitants of the 
 county, and borrowing for those advances, except the pro- 
 visions respecting the total debt, shall extend to the councils 
 of boroughs mentioned in the Third Schedule to this Act. 
 
 These are the county boroughs to which sections 31—34, ante, apply. 
 
 - oo 
 
51 & 52 Viet. c. 41. re 
 
 (12) Nothing in this section shall be taken to empower the Sect. 69. 
 Cheshire County Council to borrow on the security of any Seger 
 revenue estimated to accrue from the surplus funds of the 
 River Weaver Navigation. 
 
 70. (1) County stock may be created, issued, transferred, Issue of 
 dealt with, and redeemed in such manner and in accordance aan: 
 with such regulations as the Local Government Board may 
 from time to time prescribe. 
 
 These regulations will, no doubt, be prescribed at some future date. See 
 sub-section (3), infra. 
 
 (2) Without prejudice to the generality of the above power, 
 such regulations may provide for the discharge of any loan 
 raised by such stock, and in the case of consolidation of debt 
 _for extending or varying the times within which loans may be 
 discharged, and may provide for the consent of limited owners 
 and for the application of the Acts relating to stamp duties 
 and to cheques, and for the disposal of unclaimed dividends, 
 and may apply for the purposes of this section, with or without 
 modifications, any enactments of the Local Loans Act, 1875, 
 and the Acts amending the same, and of any Act relating to 
 stock issued by the Metropolitan Board of Works, or by the 
 corporation of any municipal borough. 
 
 The Local Loans Acts are 38 & 39 Vict. c. 83, and 48 & 49 Vict. c: 30. 
 
 The Acts relating to borrowing by the Metropolitan Board of Works are 
 enumerated in the note to section 40, sub-section (8), ante, p. 76. 
 
 As to the issue of metropolitan Srneblida te stock, see 39 & 33 Vict. c. 102; 
 33 & 34 Vict. c. 24; 34 & 35 Vict. c. 47; 38 & 39 Viet. ce. 36, 65; 43 & 44 
 Vict. c. 20; 48 & 49 Vict. c. 50; 50 & 51 Vict. c. 31; 51 & 52 Vict. c. 40, 
 
 (3) Such regulations shall be laid before each House of 
 Parliament for not less than thirty days during which such 
 House sits, and if either House during such thirty days resolves 
 that such regulations ought not to be proceeded with the same 
 shall be of no effect, without prejudice nevertheless to the 
 making of further regulations. 
 
 (4) Ifno such resolution is passed it shall be lawful for Her 
 Majesty by Order in Council to confirm such regulations, and 
 the same, when so confirmed, shall be deemed to have been 
 duly made and to be within the powers of this Act, and shall 
 be of the same force as if they were enacted in this Act. 
 
120 
 
 Sect. 71. 
 
 Audit of 
 accounts 
 of county 
 council. 
 
 38 & 39 
 Vict. c. 55, 
 
 42 & 43 
 Vict. c. 6, 
 
 Local Government (England & Wales) Act, 1888. 
 
 71. (1) The accounts of the receipts and expenditure of 
 county councils shall be made up to the end of each local 
 financial year as defined by this Act, and be in the form for 
 the time being prescribed by the Local Government Board. 
 
 As to the local financial year, see section 73, post. 
 
 (2) The provisions of the Municipal Corporations Act, 1882, 
 with respect to the return to the Local Government Board of 
 the accounts of a council of a borough and to the accounts of 
 the treasurer of the borough, and to the inspection and abstract 
 thereof, shall apply to the accounts of a county council, and of 
 the treasurer and officers of such council, and the said pro- 
 visions respecting the return to the Local Government Board 
 shall extend to the return to that Board of a printed copy of 
 the abstract of the said accounts. 
 
 The provisions of the Municipal Corporations Act, 1882, here referred to are 
 sections 26—28 and section 233. They are set out post. 
 
 As to the accounts of a joint committee and its officers, see section 81, sub- 
 section (6), post. 
 
 (3) The accounts of a county council, and of the county 
 treasurer and officers of such council, shall be audited by the 
 district auditors appointed by the Local Government Board in 
 like manner as accounts of an urban authority and their officers 
 under sections two hundred and forty-seven and two hundred 
 and fifty of the Public Health Act, 1875, and those sections 
 and all enactments amending them or applying to audit by 
 district auditors, including the enactments imposing penalties 
 and providing for the recovery of sums, shall apply in like 
 manner as if, so far as they relate to an audit of the accounts 
 of an urban authority and the officers of such authority, they 
 were herein re-enacted with the necessary modifications, and 
 accordingly all ratepayers and owners of property in the county 
 shall have the like rights, and there shall be the same appeal 
 as in the case of such audit. Provided that the First Schedule 
 to the District Auditors Act, 1879, shall be modified in manner 
 described in the Second Schedule to this Act. 
 
 Sections 247 and 250 of the Public Health Act, 1875, are as follows :— 
 
 “247, Where an urban authority are not the council of a borough, the 
 
 following regulations with respect to audit shall be observed ; namely, 
 
 (1) The accounts of the receipts and expenditure under this Act of such. 
 authority shall be audited and examined once in every year, as soon 
 as can be after the twenty-fifth day of March, by the auditor of 
 accounts relating to the relief of the poor for the union in which the 
 district of such authority or the greater part thereof is situate, unless 
 
51 & 52 Vict. c. 41. 121 
 
 such auditor is a member of the authority whose accounts he is Qect, 71, 
 appointed to audit, in which case such accounts shall be audited by Nore 
 such auditor of any adjoining union as may from time to time be Sups-S. 3. 
 appointed by the Local Government Board : _— 
 
 (2) There shall be paid to such auditor in respect of each audit under this 
 Act such reasonable remuneration, not being less than two guineas 
 for every day in which he is employed in such audit, as such authority 
 from time to time appoint, together with his expenses of travelling to 
 and from the place of audit: 
 
 (3) Before each audit such authority shall, after receiving from the auditor 
 the requisite appointment, give at least fourteen days’ notice of the 
 time and place at which the same will be made, and of the deposit of 
 accounts required by this section, by advertisement in some one or 
 more of the local newspapers circulated in the district ; and the pro- 
 duction of the newspaper containing such notice shall be deemed to 
 be sufficient proof of such notice on any proceeding whatsoever. 
 
 (4) A copy of the accounts duly made up and balanced, together with all 
 rate books, account books, deeds, contracts, accounts, vouchers, and 
 receipts, mentioned or referred to in such accounts, shall be deposited 
 in the office of such authority, and may be open, during office hours 
 thereat, to the inspection of all persons interested for seven clear days 
 before the audit, and all such persons shall be at liberty to take copies 
 of or extracts from the same, without fee or reward ; and any officer 
 of such authority duly appointed in that behalf neglecting to make 
 up such accounts and books, or altering such accounts and books, or 
 allowing them to be altered when so made up, or refusing to allow 
 inspection thereof, shall be liable to a penalty not exceeding five 
 pounds. 
 
 (5) For the purpose of any audit under this Act, every auditor may, by 
 summons in writing, require the production before him of all books, 
 deeds, contracts, accounts, vouchers, receipts, and other documents and 
 papers which he may deem necessary; and may require any person 
 holding or accountable for any such books, deeds, contracts, accounts, 
 vouchers, receipts, documents, or papers to appear before him at any 
 such audit, or any adjournment thereof, and to make and sign a 
 declaration as to the correctness of the same ; and if any such person 
 neglects or refuses so to do, or to produce any such books, deeds, 
 contracts, accounts, vouchers, receipts, documents, or papers, or to 
 make or sign such declaration, he shall incur for every neglect or 
 refusal a penalty not exceeding forty shillings; and if he falsely or 
 corruptly makes or signs any such declaration, knowing the same to 
 be untrue in any material particular, he shall be liable to the penalties 
 inflicted on persons guilty of wilful and corrupt perjury : 
 
 (6) Any ratepayer or owner of property in the district may be present at the 
 audit, and may make any objection to such accounts before the 
 auditor ; and such ratepayers and owners shall have the same right of 
 appeal against allowances by an auditor as they have by law against 
 disallowances : 
 
 (7) Any auditor acting in pursuance of this section shall disallow every 
 item of account contrary to law, and surcharge the same on the 
 person making or authorising the making of the illegal payment, and 
 shall charge against any person accounting the amount of any 
 deficiency or loss incurred by the negligence or misconduct of that 
 person, or of any sum which ought to have been but is not brought 
 into account by that person, and shall in every such case certify the 
 amount due from such person, and on application by any party 
 aggrieved shall state in writing the reasons for his decision in respect 
 of such disallowance or surcharge, and also of any allowance which 
 he may have made : 
 
Adapta- 
 tion of 
 Part V. of 
 45 & 46 
 
 Vict. . 50, 
 
 as to cor- 
 porate 
 property 
 and lia- 
 bilities. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (8) Any person aggrieved by disallowance made may apply to the Court of 
 (ueen’s Bench for a writ of certiorari to remove the disallowance 
 into the said court, in the same manner and subject to the same con- 
 ditions as are provided in the case of disallowances by auditors under 
 the laws for the time being in force with regard to the relief of the 
 poor ; and the said court shall have the same powers with respect to 
 allowances, disallowances, and surcharges under this Act as it has 
 with respect to disallowances or allowances by the said auditors; or 
 in lieu of such application any person so aggrieved may appeal to the 
 Local Government Board, which Board shall have the same powers in 
 the case of the appeal as it possesses in the case of appeals against 
 allowances, disallowances, and surcharges by the said poor law 
 auditors : 
 
 (9) Every sum certified to be due from any person by an auditor under this 
 Act shall be paid by such person to the treasurer of such authority 
 within fourteen days after the same has been so certified, unless there 
 is an appeal against the decision ; and if such sum is not so paid, and 
 there is no such appeal, the auditor shall recover the same from the 
 person against whom the same has been certified to be due by the like 
 process and with the like powers as in the case of sums certified on 
 the audit of the poor rate accounts, and shall be paid by such autho- 
 rity all such costs and expenses, including a reasonable compensation 
 for loss of time incurred by him in such proceedings, as are not 
 recovered by him from such person : 
 
 (10) Within fourteen days after the completion of the audit, the auditor 
 shall report on the accounts audited and examined, and shall deliver 
 such report to the clerk of such authority, who shall cause the same 
 to be deposited in their office, and shall publish an abstract of such 
 accounts in some one or more of the local newspapers circulated in the 
 district. 
 
 “ Where the provisions as to audit of any local Act constituting a board of 
 improvement commissioners are repugnant to or inconsistent with those of this 
 Act, the audit of the accounts of such improvement commissioners shall be 
 conducted in all respects in accordance with the provisions of this Act.” 
 
 “250, The accounts under this Act of officers or assistants of any local 
 authority who are required to receive moneys or goods on behalf of such 
 authority, shall be audited by the auditors or auditor of the accounts of such 
 authority, with the same powers, incidents and consequences as in the case of 
 such last-mentioned accounts.” 
 
 The Acts relating to audit by district auditors are the 7 & 8 Vict. c..101, 
 ss. 32—36; 11 & 12 Vict. c. 91, ss. 4—9; 12 & 13 Vict. c. 103, ss. 9, 11; 
 29 & 30 Vict. c. 113, ss. 5—7 ; 42 Vict. c. 6. All these Acts will be found in 
 the Appendix to Lumley’s Public Health. 
 
 The county accounts will no longer be audited by the county auditors, and 
 the provisions of the Municipal Corporations Act, 1882, relating to borough 
 auditors, do not apply to county councils. (See section 75, sub-section (16), 
 
 ost.) b 
 
 Z As to the modification of the schedule to the District Auditors Act, 1879, 
 see the second schedule to this Act and the notes thereto. 
 
 72, After the appointed day the Local Government Board 
 shall exercise, as regards any county borough, or other borough, 
 the powers conferred by Part V. of the Municipal Corporations 
 Act, 1882, relating to corporate property and liabilities, as 
 respects the approval of loans and of the alienation of 
 property and other matters therein mentioned, and that Part 
 shall, as respects any transactions commenced after the 
 
51 ¢ 52 Vict. c. 41. 123 
 
 appointed day, be construed as if ‘‘ Local Government Board Sect. 72. 
 were throughout that part substituted for ‘‘ Treasury.” ala 
 
 This is an amendment of Part V. of the Municipal Corporations Act, 1882. 
 That part is not (save as to one section) incorporated with this Act, and the 
 provision in the text has no real connection with the purposes of this Act. 
 
 Local Financial Year and Annual Budget. 
 
 73. (1) After the appointed day, not being more than three Fixing 
 years after the passing of this Act, the local financial year shall phlcn 
 be the twelve months ending the thirty-first day of March, and year and 
 the accounts of the receipts and expenditure of every county scion 
 council shall be made up for that year, but until the appointed justments. 
 day the local financial year shall be the twelve months ending 
 the twenty-fifth day of March, and the said accounts shall be 
 
 made up for that year. 
 
 As to the “ appointed day,” see section 109, post. 
 
 At present the local financial year ends on the 25th March. After the 
 appointed day it will end on the 31st March in each year. 
 
 As to the making up of the accounts of county councils, see section 71, 
 ante. 
 
 (2) All enactments relating to accounts of local authorities, 
 or the audit thereof, or to returns touching their receipts and 
 expenditure, or to meetings, or other matters, shall be modified 
 s0 far as is necessary for adapting them to the provisions of 
 this section, and the Local Government Board shall from time 
 to time give such orders and make such arrangements as appear 
 to the Board to be necessary or proper for effecting such 
 adaptation, and giving effect to the provisions of this section. 
 
 74, (1) At the beginning of every local financial year, every Annual 
 county council shall cause to be submitted to them an estimate peek of 
 of the receipts and expenses of such council during that councils, 
 financial year, whether on account of property, contributions, 
 rates, loans, or otherwise. 
 
 After the appointed day the local financial year will begin on the Ist April 
 in each year. See section 73, ante. 
 
 (2) The council shall estimate the amount which will 
 require to be raised in the first six months and in the 
 second six months of the said financial year by means of 
 contributions. 
 
 This sub-section contemplates the making of two county rates, one at the 
 beginning of each half-year. 
 
124° 
 
 Sect. 74. 
 SuB-S. 3. 
 
 A pplica- 
 tion of 
 
 45 & 46 
 Vict. c. 50, 
 to county 
 councils 
 and this 
 Act. 
 
 47 & 48 
 Vict. c. 70. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (3) If at the expiration of the first six months of such 
 financial year it appears 'to the council that the amount of the 
 contribution or rate estimated at. the commencement of the 
 year will be larger than is necessary, or will be insufficient, the 
 council may revise the estimate and alter accordingly the 
 amount of the contribution or rate. 
 
 PART YV. 
 SUPPLEMENTAL. 
 
 Application of Acts. 
 
 75. For the purpose of the provisions of this Act with 
 respect to county councils, and to the chairmen, members, 
 committees, and officers of such councils, and otherwise for 
 the purpose of carrying this Act into effect, the following 
 portions of the Municipal Corporations Act, 1889, namely, 
 Part Two, Part Three, Part Four (as amended by the Muni- 
 cipal Elections (Corrupt Practices) Act, 1884), section one 
 hundred and twenty-four, in Part Five, Part Twelve, Part 
 Thirteen, the Second Schedule, Part Two, and Part Three of 
 the Third Schedule, and Part One of the Highth Schedule 
 shall, so far as the same are unrepealed and are consistent 
 with the provisions of this Act, apply as if they were herein 
 re-enacted with the enactments amending the same, in such 
 terms and with such modifications as are necessary to make 
 them applicable to the said councils, and their chairmen, 
 members, committees, and officers, and to the other provisions 
 of this Act. 
 
 The provisions of these incorporated Acts are set out post, and in the notes 
 to each section it has been attempted to indicate its application to county 
 councils as modified by the provisions of this Act. 
 
 Provided as follows :— 
 
 (1) In a year in which county councillors are elected, the 
 elections of those councillors, and of councillors of a 
 borough, shall be conducted together. 
 
 This will not apply to the first election of county councillors, which is to 
 take place in the month of January next. It will, however, apply to subse- 
 quent elections. County councillors are to be elected every third year, and in 
 that year the election of county councillors for the divisions comprised in the 
 borough will be conducted at the same time as the election of the borough 
 councillors on the first of November. 
 
51 d 52 Vict. c. 41, 
 
 125 
 
 (2) Such person as the county council may appoint shall be Sect. 75. 
 
 the returning officer for the election of county 
 councillors of the county council, in substitution for 
 the mayor, and for the aldermen assigned for that 
 purpose by the council. 
 * The returning officer will be returning officer for the entire administrative 
 county. The council will not appoint a returning officer for each division 
 
 corresponding to the alderman appointed for each ward of a borough. As to 
 the returning officer at the first election, see section 103, post. 
 
 (3) The returning officer, without prejudice to any other 
 power, may by writing under his hand appoint a fit 
 person to be his deputy for all or any of the purposes 
 relating to the election of any such councillor, and 
 may by himself or such deputy exercise any powers 
 and do any things which a returning officer is 
 authorised or required to exercise or do in relation to 
 such election, and shall, for the purposes of the 
 election, have all the powers of the sheriff. 
 
 It will generally be necessary to appoint a deputy for each division, for 
 though it is possible to group divisions together so as to have only one place 
 for nominations, &c. (see sub-section (7), post), it is believed that it will be 
 found inconvenient for one person to perform all the duties of a returning 
 officer simultaneously in several divisions. It is difficult to understand the 
 reference to the sheriff. The election of county councillors will resemble a 
 municipal election, with which the sheriff as such has nothing to do. The 
 
 sheriff is, however, to be the returning ofticer at the first election. See section 
 103, post. 
 
 (4) A reference in this Act, or in the enactments applied by 
 this Act, to the returning officer or to the mayor or to 
 the alderman shall, so far as relates to the election of 
 any such councillor, be construed to refer to the 
 returning officer, and any such deputy as above 
 mentioned. 
 
 These references have been carefully noticed under the several sections. 
 
 (5) A reference in the said enactments to the town clerk, so 
 far as respects’ the election of any such councillor, 
 shall be construed to refer to the returning officer or 
 his deputy, and as respects matters subsequent to the 
 election, shall be construed to refer to the clerk of 
 the county council. 
 
 These references have been carefully noticed under the several sections. 
 
 The returning officer will perform all the duties of the town clerk under the 
 Municipal Corporations Act, 1882, before and during the election, After the 
 
 UBSS. 2. 
 
Local Government (England ¢ Wales) Act, 1888. 
 
 election the duties of the town clerk are to be performed by the returning 
 officer. Thus the returning officer must provide nomination papers under 
 sched. 3, part 2, rule 6; but a copy of an election petition must be sent to the 
 clerk of the council under section 88. 
 
 As to the clerk of the county council, see sections 83, 106, post. 
 
 (6) In a borough the returning officer for the purpose of the 
 election of councillors of the borough shall continue 
 to be the same as heretofore, and where an electoral 
 division of the county is co-extensive with or wholly 
 comprised in such borough, shall at the election in 
 such division of a councillor of the county council act 
 as the returning officer in pursuance of a writ 
 directed to him from the county returning officer, and 
 so far as respects that election shall follow the 
 instructions of, and return the names of the persons 
 elected to, the county returning officer in like manner 
 as if he were a deputy returning officer, and any 
 decision of an objection shall be subject to revision 
 by the county returning officer accordingly, and a 
 reference in the said enactments to the town clerk 
 shall, as respects the borough, be construed to refer 
 to the town clerk. 
 
 See the note to section 53 of the Municipal Corporations Act, 1882. 
 
 In a borough divided into wards there will be an alderman appointed as 
 returning officer in each ward. It is not clear, therefore, which alderman will 
 be appointed under this sub-section when a division includes two or more 
 wards. Probably the county returning officer will have power to select which 
 of the aldermen is to act. 
 
 The provision as to the revision of decisions by the returning officer is 
 singular. The deputy will, by sub-section (3), have all the power of the 
 returning officer, and will no doubt decide objections under the Municipal 
 Corporations Act, 1882, sched. 3, part 2. But it is nowhere provided that the 
 decision of a deputy shall be subject to revision, and it would appear that if 
 
 there can be any such revision, it is limited to the case provided for by this 
 sub-section. 
 
 (7) Some place fixed by the returning officer shall, except 
 where the election is in a borough, be substituted for 
 the town clerk’s office, and, as respects the hearing of 
 objections to nomination papers, for the town hall, 
 but such place shall, if the electoral division is the 
 whole or part of an urban district, be in that district, 
 and in any other case shall be in the electoral division 
 or in an adjoining electoral division. 
 
 In a borough nomination papers will be delivered to the town clerk, at his 
 
 office, as heretofore. 
 In a division of a county not in a borough, the nomination papers will be 
 
Since the opposite page was printed an Order has been issued 
 by the Local Government Board to meet the difficulty pointed 
 out in the note to sub-section (6) of s. 75. The Order has been 
 issued under section 108, and applies only to the first election. 
 Tt provides as follows :— 
 
 ART. I.—For the purposes of the first election of any county councillor in 
 any electoral division which is either co-extensive with a borough divided into 
 wards, or is comprised in any such borough and is not co-extensive with a 
 ward, the person who shall act as returning officer under sub-section (6) of 
 section 75 of the Local Government Act, 1888, shall be the person who would 
 act as returning officer under the provisions of the Municipal Corporations 
 Act, 1882, section 30, sub-section 7, if the election of such county councillor 
 were a first election of a town councillor for a ward held after the division of 
 the borough into wards, and the electoral division were a ward. 
 
 ART. Il.—The writ to be directed by the county returning officer to the - 
 returning officer for such an electoral division shall be sufficient if directed to 
 the mayor by name, although some other person may have been appointed to 
 act as returning officer ; and in such case the mayor shall cause the writ to be 
 delivered to the person so appointed. 
 
 Art. I1I.—Expressions in this Order shall have the same meaning as in 
 the Local Government Act, 1888. 
 
 In a circular issued along with the Order the Local Government Board state 
 that the effect of the Order is that, at the first election of a county councillor 
 in any such electoral division, the returning officer will be the mayor or a 
 person appointed by the mayor. It will be seen that Article II. of the Order 
 provides that the writ which, under section 75 (6) of the Local Government 
 Act, has to be directed by the county returning officer to the returning officer 
 for an electoral division in a borough shall, in cases coming within the Order, 
 be sufficient if directed to the mayor by name, although some other person may 
 have been appointed to act as returning officer. In any such instance, the 
 mayor is to cause the writ to be delivered to the person so appointed. 
 
 There would seem to be no difficulty in determining who is to act as returning 
 _ officer in an electoral division in a borough in cases other than those now pro- 
 vided for by the Order. If the borough is not divided into wards, the returning 
 officer will be the mayor in all cases in which the borough is to return one or 
 more county councillors ; whilst, if the borough is divided into wards which 
 are co-extensive with the electoral divisions, the returning officer in each divi- 
 sion will be the alderman who, at the meeting of the town council on the 
 9th instant, was assigned to the ward for the purpose of the election of town 
 councillors. 
 
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D1 & 52 Vict. c. 41, 
 
 127 
 
 delivered to the returning officer (see sub-section 5, supra), at some place fixed Sect. 75. 
 
 by him. 
 
 NOTE 
 As to the application of section 232 of the Municipal Corporations Act, 1882, Sus-S. 7. 
 
 which deals with the fixing of notices on the town hall, see the note to that 
 section, post. 
 
 If any part of the division is within an urban district the place for receiving 
 nomination papers and for hearing objections must be within that district, 
 But if it is wholly rural, the place may be in an adjoining district. It is, 
 therefore, possible to group several rural divisions adjoining an urban division 
 so that the same place may be fixed for all, and so as to enable one person to 
 perform the duties of returning officer for all. But see the note to sub- 
 section (3), ante. 
 
 (8) The returning officer shall forthwith, after the election of 
 county councillors for the county, return the names of 
 the persons elected to the clerk of the county council. 
 
 At the first election this notice will be sent to the clerk of the peace under 
 section 103 (5), post, 
 
 (9) The period between the nomination and election may be 
 such period, not exceeding six days, as the returning 
 officer may fix. ; 
 
 As to the day of nomination, see section 100, post. 
 
 It is difficult to see the object of this provision. The election will (after the 
 first election) be on the 1st November in each year, and there is not at present 
 any limit to the period which may elapse between nomination and election, 
 except that the day of nomination (see section 100, post) must be at least four 
 days before the day of election. This period must now be at least four days, 
 but it must not exceed six days. 
 
 (10) An outgoing alderman shall not, as alderman, vote in 
 the election of a chairman. 
 
 This is an amendment of section 60 (3) of the Municipal Corporations Act, 
 1882. The meaning of the words ‘as alderman ” are obscure. Perhaps they 
 are intended to meet a case where an outgoing alderman has in the meantime 
 been elected a councillor, and therefore votes as councillor. Compare the 
 provisions of section 2 (2) (¢), ante, p. 2. 
 
 (11) The hours of the poll shall be those fixed by the 48 & 49 
 
 Elections (Hours of Poll) Act, 1885. 
 
 The hours fixed by the Act are from 8 a.m. to 8 p.m. See the note to the 
 Municipal Corporations Act, 1882, section 58, post. 
 
 (12) Section eleven of the Municipal Corporations Act, 1882, 
 with respect to the qualification of a county councillor 
 by reason of his being entered in the separate non- 
 resident list, shall include, for the purposes of this 
 Act, all persons entered in such separate list in any 
 municipal borough by reason of occupation of property 
 in the borough, and all persons entered in such 
 separate list for any part of a county not in a muni- 
 
 Vict. ¢. 10 
 
128 
 Sect. 75. 
 
 Su 
 
 B-S. 12, 
 
 —— 
 
 Local Government (England & Wales) Act, 1888, 
 
 cipal borough by reason of the occupation of property 
 in that part. 
 
 See the section referred to, post. 
 
 By the provision in the text a person will be entitled to be elected a coun- 
 cillor if he is entered in the county separate non-resident list, or in the corre- 
 Seuee list for any borough under section 49 of the Municipal Corporations 
 
 ct, 1882. 
 
 (13) The seventh of November shall be substituted for the 
 ninth of November as the ordinary day of election 
 of the chairman and of county aldermen, and as the 
 day for holding a quarterly meeting of the county 
 council. 
 
 This provision was inserted to avoid the holding of the quarterly meeting of 
 county and borough councils on the same day. At this meeting the chairman 
 and county aldermen will be elected. 
 
 (14) Ten days shall be substituted for five days in section 
 thirty-four of the Municipal Corporations Act, 1882, 
 as the time within which a person elected to a cor- 
 porate office is to accept that office, and twelve 
 months shall be substituted for six months in section 
 thirty-nine of the said Act, as the period of absence 
 which disqualifies an alderman or councillor. 
 
 See the sections referred to, post. Absence will not disqualify the chairman 
 or deputy chairman. See sub-section (16) (¢), post. 
 
 (15) The quorum of the council shall be one-fourth of the 
 whole number of the council, and one-fourth shall, 
 for the purposes of this section, be substituted for 
 one-third in paragraph ten of the second schedule to 
 the Municipal Corporations Act, 1882. 
 
 See the paragraph referred to, post. 
 
 (16) Nothing in the Municipal Corporations Act, 1882, as 
 applied by this section— 
 (a) Shall alter the application of any fine, penalty, or for- 
 feiture recoverable in a summary manner ; or 
 
 This prevents the application to counties of the Municipal Corporations Act, 
 1882, section 221, post. 
 
 (0) Shall apply any of the provisions of the Municipal Cor- 
 porations Act, 1882, with reference to boundaries 
 or the alteration of wards or borough auditors, nor 
 any of the following provisions, namely, sub-section 
 five of section fifteen, section sixteen, section two 
 
 | 
 
51 ¢ 52 Vict, c, 41. 
 
 129 
 
 hundred and fifty-one, or section two hundred and Sect. 75. 
 
 fifty-seven ; or 
 
 The provisions of the Municipal Corporations Act, 1882, as to boundaries, 
 are contained in sections 228, 229; as to alteration of wards, in section 30 ; 
 as to borough auditors, in sections 25, 27, 37, 41, 42, 62. Section 15, sub- 
 section (5), provides that the mayor shall have precedence in all places in the 
 - borough ; section 16 relates to the appointment of deputy-mayor ; section 251] 
 contains a saving for local Acts; and section 257 contains a saving for the 
 universities. 
 
 (c) Shall render any person elected to a corporate office 
 without his consent to his nomination being pre- 
 viously obtained liable to pay afine on non-acceptance 
 of office, or render a chairman or deputy-chairman 
 disqualified as such by reason of absence ; or 
 
 This provision modifies the Municipal Corporations Act, 1882, sections 34 
 and 39, post. 
 
 The deputy-chairman is an officer appointed by the London County Council 
 only. See section 88, post. He must not be confounded with the vice- 
 
 chairman appointed under section 2, ante, p. 4, who may apparently become 
 disqualified by absence. 
 
 (d) Shall authorise or require a returning officer to hold 
 an election of a councillor to fill a casual vacancy 
 in the representation of an electoral division where 
 
 the vacancy occurs within six months before the- 
 
 time fixed by this Act for a new election of a 
 councillor to represent such electoral division ; or 
 
 This modifies section 40 of the Municipal Corporations Act, 1882, post. It 
 provides in effect that a casual vacancy which occurs within six months pre- 
 viously to a triennial election of county councillors shall not be filled up. 
 
 (e) Shall apply to a county council section seventeen of 
 
 . the said Act with respect to the town clerk, 
 nor, unless the county council so resolve, section 
 eighteen respecting the treasurer, but, if the county 
 council so resolve, section eighteen shall supersede 
 the existing enactments with respect to the county 
 treasurer ; or 
 
 See the section referred to, post. 
 As to the appointment of county treasurer, see section 3, ante, p. 9. 
 
 (f) Shall require the acts and proceedings of the standing 
 joint committee of the county council and quarter 
 sessions to be submitted to the county council for 
 their approval; or 
 
 Under section 22 (2) of the Municipal Corporations Act, 1882, the acts of 
 committees must be submitted to the council for their approval. The text 
 
 K 
 
 SuB-S.16d 
 
130 
 Sect. 75. 
 
 NOTE 
 SuB-S.16/ 
 
 35 & 36 
 Vict. c, 33, 
 
 38 & 39 
 Vict. c, 84, 
 
 48 & 49 
 Vict. c. 62, 
 
 Local Government (England é Wales) Act, 1888. 
 
 provides that such approval shall not be necessary in the case of the acts and 
 proceedings of the standing joint’ committee, as to which see section 30, ante, 
 
 p. 52 
 As to the approval of the acts and proceedings of other committees, see 
 section 82, post. 
 
 (7) Shall prevent the use of schools and public rooms for 
 the purpose of taking the poll at elections under 
 this Act, but section six of the Ballot Act, 1872, 
 shall apply in the case of elections under this Act, 
 and the returning officer may, in addition to using 
 such rooms free of charge for taking the poll, use 
 the same free of charge for hearing objections to 
 nomination papers and for counting votes. 
 
 Section 6 of the Ballot Act, 1872, provides that a returning officer may use, 
 free of charge, for the purpose of taking the poll at an election, any room in a 
 school receiving a grant out of moneys provided by Parliament, and any room 
 the expense of maintaining which is payable out of any local rate, but he shall 
 make good any damage done to such room, and defray any expense incurred 
 by the person or body of persons, corporate or unincorporate, having control 
 over the same on account of its being used for the purpose of taking the poll 
 as aforesaid. This section does not apply to municipal elections (see the 
 Municipal Corporations Act, 1882, sched. 3, part 3, rule 1, post). It will, how- 
 ever, apply to elections of county councillors, for the purposes of taking the 
 poll, hearing objections, and counting votes. 
 
 (17) All costs properly incurred in relation to the holding of 
 elections of councillors of county councils, so far as 
 not otherwise provided for by law, shall be paid out 
 of the county fund as general expenses. 
 
 As to what are general expenses, see section 68, sub-section (2), ante, p. 114. 
 
 (18) The said costs shall not exceed those allowed by Part I. 
 of the First Schedule to the Parliamentary Elections 
 (Returning Officers) Act, 1875, as amended by the 
 Parliamentary Elections (Returning Officers) Act, 
 1885, or by such scale as the county council may 
 from time to time frame. 
 
 The following is the text of Part I. of the Schedule to the 38 & 39 Vict. 
 c. 84. The only amendment effected in it by the 48 & 49 Vict. c. 62, is that 
 by section 4 of that Act it shall be lawful in any county constituency in 
 England for the returning officer to charge four guineas for each presiding 
 officer, and thirty shillings for each clerk, at a polling station. 
 
51 ¢& 52 Vict, c. 41. 
 
 FIRST SCHEDULE. 
 CHARGES OF RETURNING OFFICERS. 
 
 The following are the maximum charges to be made by the returning officer, 
 but the charges are in no case to exceed the sums actually and necessarily paid 
 or payable. 
 
 Part I.—Counties and District or Contributory Boroughs. 
 
 This part of this Schedule applies to an election for a county or for either 
 of the boroughs of Aylesbury, Cricklade, Monmouth, East Redford, Stroud, 
 and New Shoreham, or for any borough or burgh consisting of a combination 
 of boroughs, burghs, or towns. 
 
 For preparing and publishing the notice of election 
 For preparing and supplying the nomination papers 
 For travelling to and from the place of nomination, 
 or of declaring the poll at a contested election, 
 per mile. ; 
 For hire or necessary fitting-up of rooms or build- | The necessary experses, 
 ings for polling, or damage or expenses by or for not exceeding at any 
 use of such rooms or buildings. one polling station the 
 charge for constructing 
 and fitting a polling 
 station. 
 For constructing a polling station,'with its fittings (GTN, 
 and compartments, in England. 
 
 And in Ireland the sum or sums payable under 
 the provisions of the 13 & 14 Vict. c. 68, and 
 35 & 36 Vict. c. 33. 
 
 In Ireland the returning officer shall use a 
 court-house, where one is available as a poll- 
 ing station, and his maximum charge for 
 using and fitting the same shall in no case 
 exceed three pounds three shillings. 
 
 For each ballot box required to be purchased - 
 For the use of each ballot box, when hired - - 
 For stationery at each polling station - - - 
 For printing and providing ballot papers, per 1,000 - 
 For each stamping instrument - - - - 
 For copies of the register - - - ° -| The sums payable by 
 statute for the neces- 
 sary copies. 
 
 Om bt 
 me bo? 
 ooosm 
 
 oroor 
 — ee ee 
 
 ooo Ot 
 Sos oc; 
 
 For each presiding officer - -~ - 2 : 
 
 For one clerk at each polling station where not more en 
 than 500 voters are:assigned to such station. 
 For an additional clerk ata polling station for every Leal oe 0 
 
 number of 500 voters, or fraction thereof beyond 
 the first 500 assigned to such polling station. 
 For every person employed in counting votes, not Mi heal 
 exceeding six such persons where the number of 
 registered electors does not exceed 3,000, and one 
 for every additional 2,000 electors. 
 
 For making the return to the clerk of the Crown - Piaek 4.0 
 For the preparation and publication of notices | Not exceeding for the 
 (other than the notice of election). whole of such notices 
 
 207., and 1/. for every 
 additional 1,000 elec- 
 tors above 3,000, 
 
 K 2 
 
 131 
 
 Sect. 75. 
 
 NoTE 
 Sus-S. 18, 
 
182 
 Sect. 75. 
 
 NOTE 
 
 .SUB-S. 18. 
 
 49 & 50 
 Vict. c. 57, 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 £ 8 d, 
 For conveyance of ballot boxes from the polling Om fer0 
 stations to the place where the ballot papers are 
 to be counted, per mile. 
 For professional and other assistance in and about | Ina contested election not 
 the conduct of the election. exceeding 25/., and an 
 ; additional 37. for every 
 1,000 registered elec- 
 tors or fraction thereof 
 above 3,000 and up 
 to 10,000, and 27. for 
 every 1,000 or fraction 
 thereof above 10,000. 
 In an uncontested elec- 
 tion, one-fifth of the 
 above sums. 
 
 For travelling expenses of presiding officers and UB a 
 clerks, per mile. 
 For services and expenses in relation to receiving 22 0 
 
 and publishing accounts of election expenses in 
 respect of each candidate. 
 
 For all other expenses - - - : > -| In a contested election, 
 not exceeding 10/., and 
 an additional 17. for 
 every 1,000 electors or 
 fraction thereof above 
 1,000. In an uncon- 
 tested election, nil. 
 
 NoTE.—Travelling expenses are not to be allowed in the case of any person 
 unless for distances exceeding two miles from the place at which he 
 resides. 
 
 (19) Sections four, five, six, and seven of the Parliamentary 
 Elections (Returning Officers) Act, 1875, as amended 
 by the Parliamentary Elections (Returning Officers) 
 Act (1875) Amendment Act, 1886, shall apply as if 
 they were herein re-enacted with the necessary modi- 
 fications, and in particular with the substitution of 
 the county council for the person from whom payment 
 is claimed, and of one month for the period of four- 
 teen days within which application may be made for 
 taxation. | 
 
 The incorporated sections are set out below. 
 
 The expenses of the returning officer are payable by the county council under 
 sub-section (17), supra, not by the candidate. 
 
 ‘4, Within twenty-one days after the day on which the return is made of the 
 persons elected at the election, the returning officer shall transmit to every 
 candidate or other person from whom he claims payment either out of any 
 deposit or otherwise of any charges in respect of the election, or to the agent 
 for election expenses of any such candidate, a detailed account showing the 
 amounts of all the charges claimed by the returning officer in respect of the 
 
51 ¢ 52 Vict. c. 41. 133 
 
 election, and the share thereof which he claims from the person to whom the Sect, 75, 
 account is transmitted. He shall annex to the account a notice of the place NorTE 
 where the vouchers relating to the account may be seen, and he shall at all SuB-S. 19. 
 reasonable times and without charge allow the person from whom payment is =— 
 claimed, or any agent of such person, to inspect and take copies of the 
 vouchers, 
 “The returning officer shall not be entitled to any charges which are not 
 duly included in his account. 
 “If the person from whom payment is claimed objects to any part of the 
 claim, he may, at any time within fourteen days from the time when the 
 account is transmitted to him, apply to the court as defined in this section for 
 a taxation of the account, and the court shall have jurisdiction to tax the 
 account in such manner and at such time and place as the court thinks fit, and 
 finally to determine the amount payable to the returning officer and to give 
 and enforce judgment for the same as if such judgment were a judgment 
 in an action in such court, and with or without costs, at the discretion of the 
 court. 
 “The court for the purposes of this Act shall be in the city of London the 
 Lord Mayor’s Court, and elsewhere in England the County Court, and in 
 Ireland the Civil Bill Court, having jurisdiction at the place of nomination for 
 the election to which the proceedings relate. 
 “The court may depute any of its powers or duties under this Act to the 
 registrar or other principal officer of the court. 
 “ Nothing in this section shall apply to the charge of the returning officer 
 for publication of accounts of election expenses, 
 
 5. Every person having any claim against a returning officer for work, 
 labour, materials, services, or expenses in respect of any contract made with 
 him by or on behalf of the returning officer for the purposes of an election, 
 except for publication of accounts of election expenses, shall, within fourteen 
 days after the day on which the return is made of the person or persons elected 
 at the election, transmit to the returning officer the detailed particulars of such 
 claim in writing, and the returning officer shall not be liable in respect of any- 
 thing which is not duly stated in such particulars. 
 
 “Where application is made for taxation of the accounts of a returning 
 officer, he may apply to the court as defined in this Act to examine any claim 
 transmitted to him by any person in pursuance of this section, and the court, 
 after notice given to such person, and after hearing him, and any evidence 
 tendered by him, may allow, or disallow, or reduce the claim objected to, with 
 or without costs, and the determination of the court shall be final for all 
 purposes, and as against all persons. 
 
 **6. In any case in which the fourteenth section of the Ballot Act, 1872, is 
 applicable, it shall be the duty of the returning officer, so far as is practicable, 
 to make use of ballot boxes, fittings, and compartments provided for municipal 
 or school board elections, and the court, upon taxation of his accounts, shall 
 have regard to the provisions of this section. 
 
 “7, There shall be added to every notice of election to be published under 
 _ the provisions of the Ballot Act, 1872, the notification contained in the Second 
 Schedule to this Act with respect to claims against returning officers,” 
 
 SECOND SCHEDULE. 
 1, NOTIFICATION TO BE ADDED TO THE NOTICE OF ELECTION, 
 
 Take notice, that by the Parliamentary Elections (Returning Officers) Act, 
 1875, it is provided that every person having any claim against a returning 
 officer for work, labour, materials, services, or expenses in respect of any con- 
 tract made with him by or on behalf of the returning officer, for the purposes 
 of an election (except for publication of accounts of election expenses) shall, 
 within fourteen days after the day on which the return is made of the person 
 
134 
 
 Sect. 75. 
 
 NOTE 
 SuUB-S. 19 
 
 Local Government (England é Wales) Act, 1888. 
 
 or persons elected at the election, transmit to the returning officer the detailed 
 particulars of such claim in writing, and the returning officer shall not be 
 liable in respect of anything which is not duly stated in such particulars. 
 
 49 & 50 VICT. Cap. 57, 
 
 An Act to amend the provisions of the Parliamentary Elections (Returning 
 Officers) Act, 1875. [25th June, 1886. | 
 
 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: 
 
 1. The judge or officer by whom any account or claim is taxed or examined 
 under the Parliamentary Elections (Returning Officers) Act, 1875 (herein 
 called the “ principal Act”), shall deliver to the returning offieer, and to the 
 other party to the taxation or examination, a certificate showing the items 
 and amounts allowed or disallowed, with a copy of any order or judgment 
 made thereon. 
 
 Either party may, within seven days of the delivery to him of such certifi- 
 cate, give notice in writing to the said judge or officer of intention to appeal, 
 specifying in the notice the items and amounts in respect of which he intends 
 to appeal. 
 
 The said judge or officer shall thereupon forthwith transmit to the prescribed 
 taxing officer of the superior court the said account or claim, with any vouchers 
 relating thereto, the certificate and the notice of appeal, and such taxing officer 
 shall forthwith proceed to review the taxation or examination in the usual 
 manner, or in such manner as may be prescribed, and shall, if required, receive 
 evidence in relation to the matters in dispute, and may confirm or vary the 
 certificate, and direct by whom all or any part of the costs of review are to be 
 paid, and shall return the certificate as confirmed or varied to the said judge 
 or officer with any such direction, and effect shall be given to a certificate as 
 so confirmed or varied, and to any such direction, as if the same had been a 
 judgment of the court as defined in the principal Act. 
 
 Any taxation or review of taxation under this Act shall be subject to appeal 
 to the superior court in like manner as any ordinary taxation of costs is now 
 subject. 
 
 In this Act “ superior court’ means in England the Queen’s Bench Division 
 of the High Court of Justice in England, and in Ireland the Common Pleas 
 Division of the High Court of Justice in Ireland. ‘ Prescribed” means 
 prescribed by rules of the superior court in England or Ireland, as the case 
 may be. 
 
 2. This Act may be cited as the Parliamentary Elections (Returning 
 Officers) Act (1875) Amendment Act, 1886, and shall be read as one with the | 
 principal Act. 
 
 The following cases have been decided upon the above sections :— 
 
 It was held that where the accounts of a returning officer had been taxed by 
 the registrar of a county court, under 38 & 39 Vict.c. 84, s. 4, the county court 
 judge had no discretion to review the registrar’s taxation. Reg. v. Lambeth 
 (County Court, Judge of), 17 Q. B. D. 96. But see now 49 & 50 Vict. c. 57, 
 supra. An application made within the specified time to the registrar of the 
 county court when the judge is not sitting is properly made within 38 & 39 
 Vict. c. 84,8.4. Reg. v. Bloomsbury (County Court, Judge of), 17 Q. B. D. 
 788 ; 55 L. J. Q. B. 443; 56 L. T. (W.8.) 321 ; 51 J. P. 212. 
 
 A returning officer at a parliamentary election is not entitled to remunera- 
 tion for personal services rendered by him in the conduct of the election, under 
 the heading of professional or other assistance, which he has not, as a matter 
 of fact, employed. Hx parte Walker, re Shoreditch (Hoxton Division) 
 Parliamentary Election, 1886, 56 L. T. (N.8.) 529. 
 
 At a parliamentary election the high sheriff was the returning officer, the 
 
51 & 52 Viet. c. 41. 135 
 
 duties being performed on his behalf by a firm of solicitors, one of whom was §ect, 75, 
 under-sheriff. The returning officer’s charges included a charge for profes- NoTE 
 sional assistance rendered to him by the uncer-sheriff’s firm, which was dis- SuB-S.19. 
 allowed on taxation, on the ground that no detailed account was sent in to the aa 
 returning officer within fourteen days of the return, as required by section 5 of 
 
 the Returning Officers Act, 1875. Held, that the charge was wrongly dis- 
 
 allowed on the above ground, the section not being applicable as between the 
 returning officer and the candidates to charges made for work done for the 
 returning officer by his own agents. The right of a returning officer under 
 
 section 2 of the same Act to be paid his reasonable charges and expenses is not 
 
 limited to such charges only as have been vouched under sections 4 and 5 of 
 
 the Act, nor is a charge made by him to be disallowed merely because in the 
 
 account sent in by him to candidates it appears under a wrong heading. A 
 returning officer is not limited to charging for such services and expenses as 
 
 come verbatim et literatim within the descriptions of the Schedule to the Act, 
 
 if they are services and expenses of one of the kinds mentioned in the 
 Schedule. A charge for storing ballot boxes from one election to another, in 
 
 order to avoid the expense of procuring fresh ones, was therefore allowed, 
 although no such charge is expressly provided for in the Schedule to the Act. 
 
 In re Election for South-Eastern Division of Essex, 19 Q. B. D, 252 ; 56 
 Pape. . 300; 57 L. T. (N.8.) 104; 36 W. BR. 44. 
 
 (20) A county council shall, on the request of the returning 
 officer, prior to a poll being taken at any election of a 
 councillor of such council, advance to him such sum 
 not exceeding ten pounds for every thousand electors 
 at the election as he may require. 
 
 This is a useful and necessary provision, for the expenses of holding a 
 number of elections simultaneously throughout a county must necessarily be 
 heavy. 
 
 (21) The meeting of a county council, or of any committee 
 thereof, may be held at such place, either within or 
 without their county, as the council from time to time 
 direct. 
 
 As to the first meeting after the first election of a county council, seesection . 
 105, sub-section (2), post. 
 
 76, (1) The provisions of section four of the County Electors Amend- 
 
 Act, 1888, with respect to the framing of the lists and register ment of 
 Agee 51 & 52 
 of voters in parts, shall extend to parishes situate within a par- Vict.¢ 10, 
 
 liamentary borough. 
 
 The County Electors Act, 1888, section 4, sub-section (2), provides that in 
 the construction of the Registration of Electors Acts for the purposes of their 
 application to a parish not situate in a municipal borough, there shall be 
 made the variations following, and such other variations as may be necessary 
 for carrying into effect the application, that is to say :— 
 
 ““(e) Where such parish is not within a parliamentary borough, section 21 of 
 the Parliamentary and Municipal Registration Act, 1878, shall not apply, and 
 the lists and register of voters shall be made out alphabetically, but shall be 
 framed in parts for polling districts and electoral divisions and for urban 
 districts, and for wards of urban and rural districts in such a manner that the 
 parts may be conveniently compiled or put together to serve as lists for 
 polling districts and elections in urban districts, and as electoral division or 
 ward lists,” 
 
136 
 Sect. 76. 
 
 * NOTE 
 SuB-S. l. 
 
 Local Government (England & Wales) Act, 1888. 
 
 This provision will now apply to parishes within as well as without a par- 
 liamentary borough. But it is to be observed that the sub-section only relates 
 to parishes within a municipal borough. 
 
 (2) In the provisions of section four of the said Act with 
 respect to making out the lists of voters according to the order 
 in which the qualifying premises appear in the rate book, the 
 county authority shall mean the county council. 
 
 The following is the provision in section 4 above referred to :— 
 
 3) Notwithstanding anything in this Act contained, where a municipal 
 borough or an urban district is co-extensive with any electoral division or 
 divisions of a parliamentary county, the lists of voters may be directed by the 
 county authority to be made out according to the order in which the qualifying 
 premises appear in the rate book, and section twenty-one of the Parliamentary 
 and Municipal Registration Act, 1878, shall apply to such borough or urban 
 district, and where lists of voters are so made out nothing in this Act shall 
 require such part of the county register as consists of these lists to be arranged 
 alphabetically.” 
 
 (3) The names of the parliamentary electors and county 
 electors in the lists in each polling district may be numbered 
 consecutively, and such portion of those lists as consists of the 
 names of parliamentary electors may be taken to form the 
 register for the purpose of parliamentary elections, and such 
 portion of those lists as contains the names of county electors 
 
 may be taken to form the register of county electors. 
 
 In the lists of occupation voters divisions 1 and 3 will contain the names of 
 the county electors, and divisions 1 and 2 will contain the names of the 
 parliamentary voters. 
 
 (4) For the purpose of the provisions of the Acts relating to 
 the appointment of revising barristers, and of section nine of 
 the County Electors Act, 1888, the county of Surrey and such 
 portion of the county of London as is situate south of the 
 Thames shall be deemed to be separate counties forming part 
 of the south-eastern circuit ; and such portion of the adminis- 
 trative county of London as is situate north of the Thames 
 shall be deemed to form part of the county of Middlesex ; and 
 the county of Middlesex, inclusive of that portion, shall be 
 deemed to be a separate county on a circuit; but any sum pay- 
 able by the London County Council in respect of either of the 
 said portions of the county shall be paid as for a general 
 county purpose. 
 
 Section 9 of the County Electors Act is as follows :— — 
 
 “ Every barrister appointed to revise any list of voters under the .Pavrlia- 
 mentary Voters Registration Act, 1843, shall be paid the sum of two hundred 
 and fifty guineas by way of remuneration to him, and in satisfaction of his 
 travelling and other expenses, and every such barrister, after the termination 
 
a 
 
 51 ¢ 52 Vict. c. 41. 
 
 of his last sitting, shall forward his appointment to the Commissioners of Her 
 Majesty’s Treasury, who shall make an order for the payment of the above 
 sum to every such barrister. 
 
 “The maximum amount to be paid to an additional barrister in pursuance 
 of the Revising Barristers Act, 1886, shall not exceed the amount authorised 
 by this section to be paid to a revising barrister. 
 
 “The sums so paid to a revising barrister or an assistant barrister shall be 
 payable partly out of moneys provided by Parliament and partly by the county 
 authorities as hereinafter mentioned. 
 
 “(1) There shall be annually paid by the county authority of every county 
 out of the county fund into Her Majesty’s Exchequer such sum as 
 the Treasury certify to be one-half of the cost incurred for the pay- 
 ment of revising barristers at the then last revision of the lists of 
 parliamentary electors, burgesses, and county electors in that county. 
 
 “(2) The Treasury shall yearly ascertain the total cost of the revising 
 barristers appointed for all the counties and boroughs on any circuit, 
 and shall divide one-half of such cost among the counties comprised 
 in such circuit in proportion to the number of burgesses and county 
 electors in each county, and certify the amount which under such 
 apportionment is due under this section from each county. The 
 Treasury may vary such certificate if they think fit, but unless it is so 
 varied the certificate shall be final. 
 
 “(3) So much of any Act as requires a payment out of the borough fund of 
 any borough to a revising barrister, in respect of the revision of the 
 burgess lists, shall be repealed, without prejudice to any payment or 
 liability previously made or incurred.” 
 
 The text amends the provision as to the revising barristers for Middlesex 
 
 and Surrey. 
 
 As to general county purposes, see section 68, ante, p. 114. 
 
 (5) The provisions of section eleven of the County Electors 
 Act, 1888, with respect to the payment of the sums therein 
 mentioned shall apply to the payment of the said sums in the 
 year one thousand eight hundred and eighty-eight in like 
 manner as if a county authority had not been established 
 under this Act. 
 
 Section 11 of the County Electors Act is as follows:— 
 
 (1) In the event of a county authority being established under any Act of 
 the present session, the provisions of this Act with respect to county authority, 
 county, and county fund shall refer to the said county authority and to the 
 county and county fund of such authority, and in case of any borough which, 
 for the purposes of the said Act, is a county of itself, to the council of the 
 borough and to the borough and borough fund. 
 
 “(2) In the event of a county authority not being established under any Act 
 during the present session, the sums directed by this Act to be paid out of 
 and into the county fund shall be paid by or under the direction of the local 
 authority of every county quarter sessional area within the meaning of the 
 Registration Act, 1885, in like manner as expenses or receipts of the clerk of 
 the peace for such area under the Registration of Electors Acts, and by and 
 under the direction of the council of every municipal borough which is also a 
 parliamentary borough out of and into the borough fund, and the amount to 
 be paid for revising barristers shall be apportioned between such quarter 
 sessional areas and boroughs upon the principles above mentioned in this Act.” 
 
 As to the county fund, see section 68, ante, p. 113, 
 
 137 
 Sect. 76. 
 
 NOTE 
 SuB-S.4, 
 
138 
 
 Sect. 76. 
 SuUB-S. 6. 
 
 51 & 52 
 Vict. c. 10. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (6) It is hereby declared that nothing in section twelve of 
 the County Electors Act, 1888, applies to any person occupying 
 property within a borough. 
 
 Section 12 of the Electors Act is as follows:— 
 
 “A list of persons occupying property in a county, and residing within 
 fifteen miles but more than seven miles from the county, shall be made out in 
 accordance with section forty-nine of the Municipal Corporations Act, 1882, 
 and that section shall apply as if it were herein re-enacted, with the substitu- 
 tion of ‘county’ for ‘borough,’ and of ‘county elector’ for ‘burgess,’ and 
 of ‘clerk of the peace’ for ‘town clerk.’ ” 
 
 The effect of this amendment is stated in the notes to section 49 of the 
 Municipal Corporations Act, 1882, post. 
 
 (7) It shall be lawful for Her Majesty the Queen, by Order 
 in Council, from time to time to alter the instructions, precepts, 
 notices, and forms under the Registration of Electors Acts, in 
 such manner as appears to Her Majesty necessary for carrying 
 into effect this Act and the County Electors Act, 1888, and any 
 other Act for the time being in force amending or affecting the 
 Acts mentioned in this sub-section, and the instructions, 
 precepts, notices, and forms specified in any such Order in 
 Council shall be observed and be valid in law, and clerks of 
 the peace, and town clerks, and other officers shall act 
 accordingly. 
 
 This provision is supplemental to that contained in section 13 of the County 
 
 Electors Act, which is as follows:— 
 
 “ All precepts, notices, and forms required for the purposes of the Registra- 
 tion of Electors Act, shall be altered in such manner as may be declared by 
 Her Majesty in Council to be necessary for carrying into effect this Act, and 
 clerks of the peace and town clerks shall alter their precepts and forms accord- 
 ingly, and if clerks of the peace or town clerks have sent out precepts to the 
 overseers before the passing of this Act, they shall send to them such supple- 
 mental precepts as are necessary or desirable for instructing them to carry 
 into effect this Act.” 
 
 (8) The provisions of section six of the said County Electors 
 Act, 1888, requiring the statement of the barrister for the 
 purpose of an appeal to be made not less than four days before 
 the first day of the Michaelmas sittings, shall not apply in the 
 year one thousand eight hundred and eighty-eight. 
 
 The provisions of section 6 of the County Electors Act, above referred to, are 
 as follows:— 
 
 “(1) In sections sixty-two and sixty-three of the Parliamentary Voters 
 Registration Act, 1843 (relating to appeals from revising barristers in Eng- 
 land), ‘the Michaelmas sittings of the High Court of Justice’ shall be 
 substituted for ‘the Michaelmas term,’ and forthwith after the fourth day 
 of the Michaelmas sittings a court or courts shall sit for the purpose of hearing 
 such appeals, and those appeals shall be heard and determined continuously 
 and without delay, and any statement by the barrister for the purpose of any 
 
51 & 52 Vict. c. 41. 139 
 
 such appeal made in pursuance of section forty-two of the said Act may be Sect. 76. 
 made at any time within ten days after the conclusion of the revision, so that NoTE 
 it be made not less than four days before the first day of the said Michaelmas SuB-S. 8. 
 sittings, and the statement need not be read in open court, but shall be sub- — 
 mitted to the appellant, who, if he approves the same, shall sign the same as 
 directed by the said section, and return the same to the barrister.” 
 
 Jt has been considered that a detailed consideration of the County Electors 
 Act and of these amendments is beyond the scope of the present work. The 
 reader is referred to Mr. Lushington’s work on the Act for a full discussion of 
 the meaning and effect of its provisions. 
 
 77. A person who is entitled to be registered as a county ae 
 elector in respect of any qualification in the administrative qualifica- 
 county of London, in all respects except that of residence, and tion es 
 is resident beyond seven miles but within fifteen miles of the Geetovs in 
 county, shall be entitled to be registered as a county elector. adminis- 
 
 trative 
 
 This provision is in effect that the persons whose names would in the county of 
 ordinary way be placed in the separate non-resident list shall in London be London. 
 qualified not only to be elected county councillors, but to be registered as 
 county electors. There will not, therefore, be any need for a separate non- 
 resident list in the county of London. See the notes to sections 9 and 49 of 
 the Municipal Corporations Act, 1882, post. 
 
 As to the “administrative county of London,” see section 40, ante, p. 74. 
 
 78. (1) All enactments in any Act, whether general or local eee 
 and personal, relating to any business, powers, duties, or Acts re- 
 liabilities transferred by or in pursuance of this Act from any ferring to 
 authority to a county council, either alone or jointly with the trans 
 quarter sessions, or to any joint committee, shall, subject to ferred. 
 the provisions of this Act, and so far as circumstances admit, 
 be construed as if— 
 
 This is a general provision applying all Acts relating to business transferred 
 
 to the county council as the authority for the execution of these Acts and to 
 the officers of the county council. 
 
 As to the standing joint committee, see section 30. 
 
 As to other joint committees under this Act, see sections 5 (3), 33 (2), 34 
 (5), 75, 78, 81, 82, and 111. 
 
 (a) Any reference therein to the said authority or to any 
 committee or member thereof or to any meeting 
 thereof (so far as it relates to the business, powers, 
 duties, or liabilities transferred) referred to the county 
 council or to a committee or member thereof or to a 
 meeting thereof, as the case requires, and as if— 
 
 (0) A reference to any clerk or officer of such authority 
 referred to the clerk or officer of a county council or 
 committee thereof as the case requires, 
 
 and all the said enactments shall be construed with such 
 
140 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 Sect. 78. modifications as may be necessary for carrying this Act into 
 SUB-S. 1. effect. 
 
 (2) Provided that the transfer of powers and duties enacted 
 by this Act shall not authorise any county council or any com- 
 mittee or member thereof— 
 
 (a) To exercise any of the powers of a court of record; or 
 (5) To administer an oath; or 
 
 (c) To exercise any jurisdiction under the Summary Juris- 
 diction Acts, or perform any judicial business, or 
 otherwise act as justices or a justice of the peace; 
 
 but this enactment shall be without prejudice to the position of 
 the chairman of the county council as justice of the peace 
 during his term of office. 
 
 This proviso preserves to justices all their judicial powers and authority. 
 See also sections 8, 9, ante, p. 16. 
 
 As to the authority of the chairman asa justice, see section 2, sub-section (5), 
 ante, p. 4. 
 
 (3) Where under any such enactment as in this section 
 mentioned, any powers, duties, or liabilities are to be exercised 
 or discharged after any presentment or in any particular 
 manner, or at any particular meeting, or subject to any other 
 conditions, the county council may, by the standing orders for 
 the regulation of their proceedings, provide for the exercise and 
 discharge of those powers, duties, and liabilities without any 
 such prior presentment, or in a different manner, or at any 
 meeting of the council fixed by the standing orders, or without 
 such other conditions; and until such standing orders take 
 effect shall exercise and discharge them in the like manner, 
 and at the like time, and subject to the like conditions, so 
 nearly as circumstances admit, and a presentment by a grand 
 jury in relation to any such powers, duties, or liabilities shall 
 cease to be made otherwise than by way of indictment. 
 
 It will be the duty of the county council to make standing orders for the 
 regulation of their business and for the purposes of the foregoing provisions. 
 These standing orders will no doubt be similar to those which have hitherto 
 been made by quarter sessions. 
 
 At common law the grand jury or any twelve of them may make presentments 
 for offences, &c., within their own knowledge. Such presentments are delivered 
 into court to the clerk of the peace, who puts them into the form of indictments 
 on which process may issue as in the case of indictments found ; Archbold’s 
 Quarter Sessions, p. 202. The most usual presentment is that a county bridge 
 is out of repair. Presentments by a grand jury are now to cease to be made 
 otherwise than by way of indictment. 
 
51 € 52 Vict. c. 41. 
 
 141 
 
 (4) For the purposes of this section the expression ‘“autho- Sect. 78. 
 
 rity” means a Secretary of. State, the Board of Trade, the 
 Local Government Board, and any Government Department, 
 also any commissioners, conservators, or public body, corporate 
 or unincorporate, specified in a provisional order transferring 
 any powers, duties, or liabilities to the county council, also 
 any quarter sessions and any justices, also the Metropolitan 
 Board of Works, or other local authority mentioned in this 
 Act; and the expression ‘member of an authority” includes, 
 where the authority are quarter sessions or justices, any 
 justice, and the expression ‘‘ meeting of an authority” includes 
 a court of quarter sessions and the assembly of justices in 
 special or petty sessions; and the expression ‘clerk of an 
 authority’ includes in relation to any quarter sessions or 
 justices, the clerk of the peace or the clerk to a justice, as the 
 case requires. 
 
 This section shall apply as if a joint committee were a com- 
 mittee of the county council. 
 
 As to the provisional orders here referred to, see section 10, ante, p. 17. 
 
 As to the Metropolitan Board of Works, see section 40, sub-section (8), 
 
 ante, p. 76. 
 As to joint committees, see the note to sub-section (1), supra. 
 
 PROCEEDINGS OF COUNCILS AND COMMITTEES. 
 
 79. (1) The council of each county shall be a body corporate 
 
 SUB-S. 4, 
 
 Incorpora- 
 tion of 
 
 by the name of the county council with the addition of the county 
 name of the administrative county, and shall have perpetual council. 
 
 succession and a common seal, and power to acquire and hold 
 land for the purposes of their constitution without license in 
 mortmain. 
 
 (2) All duties and liabilities of the inhabitants of a county 
 shall become and be duties and liabilities of the council of 
 such county. 
 
 ~ One result of this sub-section appears to be that the county council will be 
 liable to be indicted for non-repair of a county bridge. 
 
 (3) Where any enactment (whether relating to lunatic 
 asylums or bridges, or other county purposes, or to quarter 
 sessions) requires or authorises land to be conveyed or granted 
 to, or any contract or agreement to be made in the name of 
 the clerk of the peace, or any justice or justices, or other 
 person, on behalf of the county or quarter sessions, or justices 
 
142 
 Sect. 79 
 SUB-S. 
 
 Local Government (England & Wales) Act, 1888. 
 
 “3/3 of the county, such land shall be conveyed or granted to, and 
 
 —= 
 
 Payments 
 out of 
 fund and 
 finance 
 committee 
 of county 
 council. 
 
 such contract and agreement shall be made with, the council 
 of the administrative county concerned. 
 
 The conveyance or contract, as the case may be, is to be made directly to or 
 with the council, which is a corporate body ; see sub-section (1), supra. 
 
 80. (1) All payments to and out of the county fund shall be 
 made to and by the county treasurer, and all payments out of 
 the fund shall, unless made in pursuance of the specific 
 requirement of an Act of Parliament or of an order of a com- 
 petent court, be made in pursuance of an order of the council 
 signed by three members of the finance committee present at 
 the meeting of the council and countersigned by the clerk of 
 the council, and the same order may include several payments. 
 Moreover, all cheques for payment of moneys issued in pur- 
 suance of such order shall be countersigned by the clerk of the 
 council or hy a deputy approved by the council. 
 
 As to the county treasurer, see section 3 (iii.), ante, p. 6, and section 118, 
 sub-section (13), post. 
 
 The finance committee is appointed under sub-section (3), infra. 
 
 An order for the payment of money is to be made pursuant to an order of 
 the council directed to the treasurer. It must be signed by three members of 
 the finance committee present at the meeting at which the order is made, and 
 it must be countersigned by the clerk. 
 
 The treasurer’s cheques issued in pursuance of this order must also be 
 countersigned by the clerk or a deputy approved by the council. 
 
 (2) Any such order may be removed into the High Court of 
 Justice by writ of certiorari, and may be wholly or partly dis- 
 allowed or confirmed on motion and hearing, with or without 
 costs, according to the judgment and discretion of the court. 
 
 This provision is similar to that contained in the Municipal Corporations 
 Act, 1882, section 141, as to which see Reg. v. Lichfield, 4 Q. B. 893; Reg. 
 v. Greene, ab. 646 ; Reg. v. Dunn, 5 Q. B. 959; Reg. v. Prest, 16 Q. B. 32; 
 Attorney- ‘General v. Wigan, 1 Kay, 268 ; Reg. v. Sheffield, L. R. 6 Q.B. 652; . 
 Reg. v. Norwich, 30 W. R. 752 ; Attorney-General v. Blackburn, 57 L. T. 
 (N.S.) 385, 
 
 A writ of certiorart under this sub-section need not be applied for within 
 six months, for the 13 Geo, 2, c. 18, s. 2, applies only to orders, &c., of justices. 
 Req. v. Sheffield, supra. 
 
 (3) Every county council shall from time to time aes a 
 finance committee for regulating and controlling the finance of 
 their county; and an order for the payment of a sum out of 
 the county fund, whether on account of capital or income, 
 shall not be made by a county council, except in pursuance of 
 a resolution of the council passed on the recommendation of . 
 the finance committee, and (subject to the provisions of this 
 
51 ¢ 52 Vict. c. 41, 
 
 148 
 
 Act respecting the standing joint committee) any costs, debt, Sect. 80. 
 Te ; : NOTE 
 or liability exceeding fifty pounds shall not be incurred except gys-s, 3, 
 
 upon a resolution of the council passed on an estimate sub- 
 mitted by the finance committee. 
 
 As to the form of the order, see sub-section (1), supra. 
 
 As to the joint committee, see section 30, ante, p. 52. 
 
 The provision in the text that costs not exceeding 50J. shall only be incurred 
 on an estimate submitted by the finance committee may be inconvenient in 
 practice. An emergency may require the immediate expenditure of money : 
 for example, a county bridge may be washed away or injured by a flood. 
 
 (4) The notice of the meeting at which any resolution for 
 the payment of a sum out of the county fund (otherwise than 
 for ordinary periodical payments), or any resolution for 
 incurring any costs, debt, or liability exceeding fifty pounds 
 will be proposed, shall state the amount of the said sum, costs, 
 debt, or liability, and the purpose for which fthey are to be 
 paid or incurred. 
 
 The notice of the meeting here referred to is that which must be given 
 pursuant to the Municipal Corporations Act, 1882, schedule 2, rules 5 and 6, 
 
 (5) This section shall not apply to county boroughs. 
 
 As to county boroughs, see sections 31—34, ante. 
 
 81. (1) Any county council or councils, and any court or Appoint- 
 
 courts of quarter sessions, may from time to time join in 
 
 ment of 
 joint com- 
 
 appointing out of their respective bodies a joint committee for mittees, 
 
 any purpose in respect of which they are jointly interested. 
 
 This joint committee is distinct from the standing joint committee appointed 
 under section 30, ante, p.52. It is difficult to suggest any matter in which 
 county councils and quarter sessions can be jointly interested which is not 
 within the jurisdiction of the standing joint committee. The section, however, 
 relates not merely to joint committees of councils and sessions, but of two or 
 more county councils for purposes in which such councils are jointly in- 
 terested, 
 
 As to joint committees under the Act, see ss. 10, 14, 33 (2), 34 (5), 46, 47, 
 
 5). 
 
 64 (5) 
 
 (2) Any council or court taking part in the appointment of 
 any joint committee under this section, may from time to time 
 delegate to the committee any power which such council or 
 court might exercise for the purpose for which the committee 
 is appointed. 
 
 (3) Provided that nothing in this section shall authorise a 
 council to delegate to a committee any power of making a 
 rate or borrowing any money. 
 
 Compare the provisions of section 28, ante, p. 51. 
 
144 
 Sect. 81. 
 
 SuB-S. 
 
 Proceed- 
 ings of 
 com- 
 mittees, 
 
 Local Government (England & Wales) Act, 1888. 
 
 (4) Subject to the terms of delegation, any such joint com- 
 
 ‘ mittee shall, in respect of any matter delegated to it, have 
 
 the same power in all respects as the councils and courts 
 appointing it, or any of them, as the case may be. 
 
 (5) The members of a joint committee appointed under this 
 Act shall be appointed at such times and in such manner as 
 may be from time to time fixed by the council or court who 
 appointed them, and shall hold office for such time as may be 
 fixed by the council or court who appointed them, so that 
 where any members of the committee were appointed by the 
 county council, such committee do not continue for more than 
 three months after any triennial election of councillors of such 
 county council. . 
 
 It is presumed that notwithstanding the concluding words of this sub-section, 
 any member of the committee who has not been re-elected at a triennial election 
 will cease to act as a member of the committee. The committee as a body 
 will, however, continue to act for three months after the election, or until they 
 are reappointed. 
 
 (6) The costs of a joint committee shall be defrayed by the 
 council by whom any of its members were appointed, or if 
 appointed by more than one council in the proportion agreed 
 to by them; and the accounts of such joint committee and 
 their officers shall, for the purposes of the provisions of this 
 Act, be deemed to be accounts of the county council and their 
 officers. 
 
 As to the accounts of the county council and their officers, see section 71, 
 ante, p. 120. 
 
 (7) This section shall apply. to thé’ councils of county 
 boroughs in like manner as to councils of administrative 
 counties, and a standing joint committee may be appointed 
 for two or more administrative counties, inclusive of county 
 boroughs, and the members of such joint committee shall be 
 appointed by the several quarter sessions and councils in such 
 proportion and manner as they respectively may ‘arrange, and 
 in default of arrangement as may be directed by a Secretary of 
 State. : | 
 
 The effect of this provision is that a single standing joint committee may 
 be appointed for two or more counties, or counties and county boroughs. 
 
 (8) This section shall apply to the standing joint committees. 
 82. (1) A county council appointing under this Act any 
 
 committee may from time to time make, vary, and revoke 
 regulations respecting the quorum and proceedings of such 
 
ol ¢& 52 Vict. ec. 41. 
 
 committee, and as to the area (if any) within which it is to 
 exercise its authority; and subject to such reculations the 
 proceedings and quorum and the place of meeting, whether 
 within or without the county, shall be such as the committee 
 may from time to time direct, and the chairman at any 
 meeting of the committee shall have a second or casting 
 vote. 
 
 It would appear that separate regulations must be made for each committee 
 unless general regulations are made, which may, with or without modification, 
 be applied to each committee when appointed. 
 
 Observe that the text provides for the casting vote of the chairman. 
 
 As to the general appointment of committee, see section 28, ante, p. 51. 
 
 (2) Every committee shall report its proceedings to the 
 council by whom it was appointed, but to the extent to which 
 the council so direct, the acts and proceedings of’ the com- 
 mittee shall not be required by the provisions of the Municipal 
 Corporations Act, 1882, to be submitted to the council for 
 their approval. 
 
 The council may dispense with the necessity of submitting the acts of the 
 committee for their approval. This provision modifies the Municipal Corpora- 
 tions Act, 1882, section 22 (post). Compare section 75, sub-section (16) 
 (/), ante, p. 129. 
 
 (8) In the case of a joint committee the councils and courts 
 appointing the joint committee shall jointly have the powers 
 given by this section, and the provisions of this section shall 
 apply accordingly. 
 
 As to joint committees, see section 81, ante. 
 
 Officers. 
 
 83. Subject to the provisions of this Act for the protection 
 of clerks of the peace holding office at the passing of this Act, 
 the following provisions shall have effect :— 
 
 on provisions of this Act here referred to are contained in section 118, 
 post, 
 
 (1) The clerk of the peace of a county, besides acting as 
 clerk of the peace of that county, shall also (subject 
 to the provisions of this Act as respects particular 
 counties) be the clerk of the county council, and in 
 that capacity is referred to in this Act as the clerk of 
 the county council. 
 
 _ The provisions of this Act as to particular counties are contained in the 
 Subsequent sub-sections of this section, and in section 118, post, 
 
 L 
 
 145 
 Sect. 82. 
 SuB-S. 1, 
 
 Clerk of 
 the peace 
 and of 
 county 
 council, 
 
146 
 
 Sect. 83. 
 SuB-S. 2. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (2) He shall be from time to time appointed by the standing 
 joint committee of the county council and the quarter 
 sessions, and may be removed by that joint com- 
 mittee. 
 
 As to the standing joint committee, see section 30, ante, p. 52. 
 
 As to the removal of the clerk of the peace, see 1 Will. & My. c. 21, ss. 5, 6; 
 27 & 28 Vict. c. 65. 
 
 (3) He shall, subject to the directions of the custos rotulorum 
 or the quarter sessions or the county council, as the 
 case may require, have charge of and be responsible 
 for the records and documents of the county. 
 
 The records of the county are to remain in the same custody as heretofore. 
 See section 64, sub-section (1), ante, p. 108. Anything necessary for the con- 
 venient keeping of records and documents is to be provided by the standing 
 joint committee, section 64, sub-section (3), ante, p. 109. 
 
 (4) The joint committee may appoint a deputy clerk to hold 
 office during their pleasure, and to act in lieu of such 
 clerk in case of his death, illness, or absence, or in 
 such other cases as may be determined by the joint 
 committee, and wherever the deputy so acts, all things 
 authorised or required to be done by, to, or before the 
 clerk of the peace, or clerk of the county council, may 
 be done by, to, or before any such deputy without 
 prejudice to the appointment of a deputy clerk for 
 the purpose of a second court on the division of the 
 court of quarter sessions for judicial business. 
 
 But see section 118, post, as to the power of existing clerks of the peace to 
 appoint and act by deputy. The power to appoint a deputy clerk for a second 
 court is given by 21 & 22 Vict. c. 73, s. 9. 
 
 (5) The council shall pay to the clerk of the peace in respect 
 of his services as clerk of the peace and as clerk of the 
 county council such salary as may be from time to 
 time fixed under the enactments relating thereto, and 
 all fees and costs payable to the clerk of the peace 
 which are not excluded when the salary of the clerk 
 of the peace is fixed shall be paid to the county fund, 
 and for the purpose of the enactments relating to such 
 salary and fees, the standing joint committee of the 
 county council and the quarter sessions shall be sub- 
 stituted for the quarter sessions and the local authority 
 respectively. 
 
 The enactments relating to the salary and fees of the clerk of the peace are 
 the 57 Geo, 3, ¢, 91; 11 & 12 Vict. c, 43, 5,30; 14 &15 Vict, c, 55, ss, 9, 12; 
 
51 & 62 Vict, c, 41. 
 
 18 & 19 Vict. c. 126, s. 18 (set out ante, p. 44); 32 & 33 Vict. c. 89,35, 11; 
 45 & 46 Vict. c, 50, 8. 164. 
 
 For the provisions of these Acts the reader is referred to Archbold’s Quarter 
 Sessions. 
 
 As to the county fund, see section 68, post. 
 
 (6) The clerk of the peace, when acting in relation to any 
 business of the county council, and when acting under 
 the Acts relating to the registration of parliamentary 
 voters, or to the deposit of plans or documents, or to 
 jury lists, or to any registration matters, shall act 
 under the direction of the county council, and all 
 enactments relating to such business, registration, or 
 deposit, shall be construed as if clerk of the county 
 council were therein substituted for clerk of the peace. 
 
 The duties of the clerk of the peace under the Acts relating to the registration 
 
 of voters are very numerous and cannot here be stated in detail. The reader 
 is referred to Messrs. Mackenzie & Lushington’s recent work on these Acts. 
 
 As to the deposit of plans and documents, see the Cemeteries Clauses Act, 
 
 10 & 11 Vict. c. 65, s. 60; the Commissioners Clauses Act, 10 & 11 Vict. c. 16, 
 ss. 109—111 ; the Gas Works Clauses Act, 10 & 11 Vict. c. 15, ss. 45, 46; the 
 Harbours, &c., Clauses Act, 10 & 11 Vict. c. 27, ss. 97, 98; the Lands Clauses 
 Act, 8 Vict. c. 18, ss. 151, 152; the Markets and Fairs Clauses Act, 10 & 11 
 Vict. c. 14, ss. 58,59; the Railways Clauses Act, 8 Vict. c. 20, ss. 8—10, 59, 
 130, &c. By the 7 Will. 4 and 1 Vict. c. 83, clerks of the peace are required 
 to take the custody of all such documents as shall be directed to be deposited 
 with them under the standing orders of either House of Parliament, and to 
 permit all persons interested to inspect them and make copies and extracts on 
 payment by each person of the sum of 1s. for each such inspection, and 
 the further sum of 1s, for every hour during which such inspection shall 
 continue after the first hour, and after the rate of 6d. for every 100 words 
 copied therefrom. 
 
 As to the duties of the clerk of the peace with reference to the jury lists, see 
 
 6 Geo. 4, c. 50, s. 6, and 25 & 26 Vict. c. 107, s. 4. 
 
 All these duties are now to be performed under the direction of the county 
 
 council, 
 
 (7) The office of clerk of the peace of each of the adminis- 
 trative counties of Sussex shall be a separate office ; 
 but nothing in this Act shall prevent the same person 
 from being appointed to both such offices, and the 
 justices in general sessions assembled for the entire 
 county of Sussex or Suffolk may from time to time 
 appoint the person who is clerk of the peace for either 
 administrative county to be clerk of the peace of such 
 general sessions, and may remove such clerk, and the 
 remuneration to be paid to such clerk shall be deter- 
 mined jointly by the standing joint committees for the 
 administrative counties. 
 
 As to the divisions of Sussex and Suffolk, see section 46, sub-section (1) 
 ante, p. 85, 
 L 2 
 
 147 
 Sect. 83. 
 NOTE 
 
 SuB-S.15, 
 
Local Government (England € Wales) Act, 1888. 
 
 Sess, (8) The existing records of the county of Sussex and of the 
 -— county of Suffolk shall, subject to the order of quarter 
 sessions, continue to be kept by the clerk of the peace 
 of Hast Sussex and by the clerk of the peace for Hast 
 
 Suffolk respectively. 
 
 (9) This section shall apply to the clerks of the peace and 
 deputy clerks of the peace of the county of Lancaster, 
 in like manner as it applies to clerks of the peace of 
 any other county, but the appointment of any such 
 deputy clerk of the peace may be discontinued if the 
 standing joint committee think fit. 
 
 (10) The joint committee of the councils of the three ridings 
 or divisions of Yorkshire and Lincolnshire may from 
 time to time appoint a clerk of such joint committee, 
 and may from time to time remove such clerk. 
 
 As to the joint committee, see section 46, sub-section (2), ante, p. 86. 
 
 (11) The clerk of the peace for the county of London shall be 
 a separate officer from the clerk of the county council 
 for the administrative county of London, and 
 
 The present clerk of the peace for Middlesex is to be the first clerk of the 
 peace for London, but he will not be clerk of the London County Council. 
 
 (a) The clerk of the peace shall, subject to the directions 
 of the quarter sessions, have charge of and be 
 responsible for the records and documents of those 
 sessions and of the justices out of session, and the 
 clerk of the county council shall, subject to the 
 directions of the council, have charge of and be 
 responsible for all other documents of the county ; 
 and 
 
 (0) The council may from time to time appoint a deputy 
 clerk of the council, and the foregoing provisions 
 of this section with respect to the deputy clerk shall 
 apply; and 
 
 (c) The council shall pay to the clerk of the council such 
 salary as may be from time to time fixed by them. 
 
 (12) The county council shall cause their clerk or: other 
 officer from time to time to send to a Secretary of 
 State or the Local Government Board such returns 
 and information as may from time to time be required 
 by either House of Parliament. 
 
O1 & 52 Vict. c. 41. 149 
 
 (13) Provided always, that no paid clerk or other paid official Sect.83. 
 in the permanent employment of a county council who padiacits 
 is required to devote his whole time to such employ- 
 ment shall be eligible to serve in Parliament. : 
 
 84, (1) The salaried clerk of every petty sessional division Appoint- 
 shall be from time to time appointed and removed as heretofore. Pete 
 Clerks to justices are appointed in counties by the justices of the petty tices’ 
 sessional division under 40 & 41 Vict. c. 43, s. 5, and in boroughs by the clerks and 
 borough justices under 45 & 46 Vict. c. 50, s. 159. clerks 
 , ; of com- 
 (2) The county council shall pay to the salaried clerks of mittees. 
 
 petty sessional divisions such salaries as may be fixed under the 
 enactments relating to those clerks, and all fees and costs pay- 
 able to such clerks which are not excluded in the fixing of their 
 salaries shall be paid into the county fund, and in the enactments 
 relating to such salaries and fees the standing joint committee 
 shall be substituted for the quarter sessions justices and the 
 local authority respectively. 
 
 The enactments relating to the salaries and fees of justices’ clerks are 
 11 & 12 Vict. c. 43, 8. 31; 14 & 15 Vict. c. 55, ss. 9—12; 40 & 41 Vict. c. 43. 
 See also the Local Stamp Act, 1869, 32 & 33 Vict. c. 49, referred to in 
 section 3, sub-section (xiii.), ante, p. 10, and section 30, ante, p. 53. 
 
 The duties under these Acts will henceforth be fulfilled by the standing joint 
 committee appointed under section 30, ante, p. 52. 
 
 As justices’ clerks are not appointed by the county councils nor removable 
 by them, it is submitted that they are not disqualified by section 12 of the 
 Municipal Corporations Act, 1882, to be county councillors. 
 
 Regulations for Bicycles, &c. 
 
 85, (1) The provisions of section twenty-six, sub-section five, Regula- 
 
 of the Highways and Locomotives (Amendment) Act, 1878, ee as 
 
 ‘ : ae ycles, 
 
 and section twenty-three, sub-section one, of the Municipal xe; 
 Corporations Act, 1882, in so far as it gives power to the 
 council to make bye-laws regulating the use of carriages herein 
 referred to, and all other provisions of any public or private 
 Acts, in so far as they give power to any local authority to 
 make bye-laws for regulating the use of bicycles, tricycles, 
 velocipedes, and other similar machines, are hereby repealed, 
 and bicycles, tricycles, velocipedes, and other similar machines, 
 are hereby declared to be carriages within the meaning of the 
 Highway Acts; and the following additional regulations shall 
 be observed by any person or persons riding or being upon 
 
 such carriage: 
 
 (a) During the period between one hour after sunset and one 
 hour before sunrise, every person riding or being upon 
 
Adapta- 
 tion of 
 Lunatic 
 Asylum 
 Acts. 
 
 Local Government (England & Wales) Act, 1888. 
 
 such carriage shall carry attached to the carriage a 
 lamp, which shall be so constructed and placed as to 
 exhibit a light in the direction in which he is pro- 
 ceeding, and so lighted and kept lighted as to afford 
 adequate means of signalling the approach or position 
 of the carriage; 
 
 (0) Upon overtaking any cart or carriage, or any horse, mule, 
 or other beast of burden, or any foot passenger, being 
 on or proceeding along the carriage way, every such 
 person shall within a reasonable distance from and 
 before passing such cart or carriage, horse, mule, or 
 other beast of burden, or such foot passenger, by 
 sounding a bell or whistle, or otherwise giving audible 
 and sufficient warning of the approach of the carriage 
 
 Section 26, sub-section (5), of the Highway Act, 1878, enabled a county 
 authority to make bye-laws for regulating the use of bicycles. These bye-laws 
 differed considerably in the different counties, and from bye-laws regulating 
 the use of bicycles and tricycles in boroughs made under section 23 of the 
 Municipal Corporations Act, 1882, post. The power to make bye-laws for 
 these purposes is now repealed, as also are the provisions of any public or 
 private Acts giving power to make such bye-laws. 
 
 The declaration that bicycles, &c., are carriages within the meaning of the 
 Highway Acts was, perhaps, unnecessary, for it was held in Taylor v. Goodwin, 
 4Q. B. D. 228; 43 J. P. 653, that a bicycle is a carriage within the meaning 
 of the Towns Police Clauses Act, and that a person might be convicted under 
 it of furious driving. But possibly there was some doubt on the point, having 
 regard to Williams v. Hillis, 5 Q. B. D. 175, where it was held that a bicycle 
 was not a carriage liable to toll under a Turnpike Act. At all events, the text 
 makes an express provision, the effect of which will be to apply to bicycles, &c., 
 the provisions of the Highway Acts as to driving on footpaths, keeping to the 
 near side of the road, furious driving, &c. 
 
 The additional regulations under this sub-section will be of universal appli- 
 cation, and will supersede all existing local regulations. 
 
 A question has arisen whether this section comes into immediate operation 
 or does not come into operation until the 1st April next. The former view is 
 supported by the use of the word “hereby,” but it is submitted that the context 
 is not inconsistent with the provision in section 109 (2), post, that enactments 
 in this Act shall come into operation on the appointed day. 
 
 (2) Any person summarily convicted of offending against the 
 regulations made by this section, shall for each and every such 
 offence forfeit and pay any sum not exceeding forty shillings. 
 
 This penalty will be recovered summarily, 7.¢., on summons before two 
 Justices. 
 
 Adaptation of Acts. 
 
 86. For the purpose of adapting the Acts relating to pauper 
 lunatic asylums to the provisions of this Act, the following 
 provisions shall have effect ;— 
 
 (1) The accounts of the committee of visitors and of their 
 
51 € 52 Vict. c. 41. 
 
 151 
 
 officers shall for the purposes of the provisions of this Sect. 86. 
 
 Act with respect to accounts of a county council and 
 their officers, and the audit thereof, be deemed to be 
 accounts of the council and officers. 
 
 As to the accounts of the county council and their audit, see section 71, 
 ante, p. 120. 
 
 (2) Nothing in this Act shall transfer to the county council or 
 any members thereof the jurisdiction of quarter ses- 
 sions or any justices in relation to the removal, 
 reception, or detention of a lunatic into or in an 
 asylum, or to making orders respecting the payment 
 otherwise than out of the county fund of charges 
 incurred on account of any pauper lunatic, or 
 respecting any property of any such lunatic, or 
 respecting his settlement or chargeability, or in rela- 
 tion to any appeal touching the said matters. 
 
 This preserves to justices the powers they now possess under 16 & 17 Vict. 
 c. 97, and amending Acts, to order the removal of a lunatic to an asylum, to 
 make orders as to his chargeability, maintenance, property, and the like. 
 
 @) Where at the passing of this Act the recorder or justices 
 or council of a borough appoint members of the 
 committee of visitors of any lunatic asylum, then— 
 
 (a) If the representatives of that borough on the county 
 council are entitled to vote for the appointment by 
 that council of visitors of that asylum, such re- 
 corder, or justices, or council shall cease to have 
 power to appoint the said members; and 
 
 (b) If the representatives of the borough are not so entitled 
 to vote, the said power of appointment by the 
 recorder or justices shall be transferred to the 
 council of the borough. 
 
 As to the appointment by the recorder or borough justices, see 16 & 17 Vict. 
 c. 97, 88. 9,10; 19 & 20 Vict. c. 87, 8. 1. 
 
 Representatives of the borough will not be entitled to vote if the borough i is 
 not assessed to county contributions inrespect of lunatic asylums. See section 
 35, sub-section (6), ante, p 67. 
 
 (4) Where at the passing of this Act a borough with a sepa- 
 rate court of quarter sessions not being a county 
 borough, but containing, according to the census of 
 one thousand eight hundred and eighty-one, a popula- 
 tion of ten thousand or upwards, contracts with the 
 
 SUB-S. 1. 
 
 —e 
 
Local Government (England & Wales) Act, 1888. 
 
 quarter sessions of the county in which the borough 
 is situate for the reception of the lunatics of 
 
 the borough in the asylum of the county, such 
 borough shall, on the determination of such con- 
 tract, cease to have power to build a lunatic 
 asylum, and subject to the enactments providing for 
 an additional charge for the maintenance of lunatics 
 in cases where no contribution has been made towards 
 the cost of building and furnishing an asylum, shall 
 be liable to contribute to the county rate of the county 
 in respect of such lunatic asylum in like manner as 
 the rest of the county. 
 The contract here referred to is that made under 16 & 17 Vict. ¢. 97, 8. 7. 
 
 As to the additional charges referred to in the text, see 30 & 31 Vict. c. 23; 
 31 & 32 Vict. c. 122, 8. 14; 39 & 40 Vict. ¢. 61, s. 26. 
 
 (5) Any asylum provided in whole or in part at the cost of a 
 county shall for the purposes of this Act be included 
 in the expression ‘“‘ county lunatic asylum.” 
 
 (6) Where there is more than one county lunatic asylum, the 
 county council may from time to time appoint one 
 committee for the management and control of all the 
 county lunatic asylums, and such committee shall be 
 the committee of each asylum within the meaning of 
 the Acts relating to pauper lunatic asylums, and shall 
 from time to time appoint a sub-committee for each 
 separate asylum, and may delegate to that sub-com- 
 mittee such powers and duties as the committee from 
 time to time think fit. 
 
 The sub-committee is to be appointed by the committee, who are to assign 
 the powers and duties of the sub-committee. 
 This sub-section amends 16 & 17 Vict. c. 97, s. 23. 
 
 (7) The said committee may, subject to any directions given 
 by the county council, provide that a uniform charge 
 shall be made for the maintenance of lunatics in the 
 several county asylums, and that for that purpose any 
 surplus arising on the accounts of one asylum shall be 
 applied to meet the deficit arising on the accounts of 
 another asylum. 
 
 (8) The provisions of this Act with respect to the proceedings 
 of committees of county councils shall apply to the 
 
51 & 52 Vict. c. 41. 
 
 proceedings of the committee of visitors for a lunatic 
 asylum, and the chairman of such committee may be 
 elected accordingly. 
 
 As to the proceedings of committees of county councils, see section 82, 
 ante, p. 144. 
 
 87. (1) Where the Local Government Board are authorised 
 by this Act to make an inquiry, to determine any difference, to 
 make or confirm any order, to frame any scheme, or to give any 
 consent, sanction, or approval to any matter, or otherwise to 
 act under this Act, they may cause to be made a local inquiry, 
 and in that case, and also in a case where they are required by 
 this Act to cause to be made a local inquiry, sections two 
 hundred and ninety-three to two hundred and ninety-six, 
 both inclusive, of the Public Health Act, 1875, shall apply 
 as if they were herein re-enacted, and in terms made applicable 
 to this Act. 
 
 Sections 293—296 of the Public Health Act, 1875, are as follows :— 
 
 “293. The Local Government Board may from time to time cause to be made 
 such inquiries as are directed by this Act, and such inquiries as they see fit in 
 relation to any matters concerning the public health in any place, or any 
 matters with respect to which their sanction, approval, or consent is required 
 by this Act. . 
 
 “994, The Local Government Board may make orders as to the cost of 
 inquiries or proceedings instituted by, or of appeals to the said Board under this 
 Act, and as to the parties by whom or the rates out of which such costs shall 
 be borne; and every such order may be made a rule of one of the superior 
 courts of law on the application of any persons named therein. 
 
 295, All orders made by the Local Government Board in pursuance of this 
 Act shall be binding and conclusive in respect of the matters to which they 
 refer, and shall be published in such manner as that Board may direct. 
 
 “296. Inspectors of the Local Government Board shall, for the purposes of 
 any inquiry directed by the Board, have in relation to witnesses and their 
 examination, the production of papers and accounts, and the inspection of 
 places and matters required to be inspected, similar powers to those which poor 
 law inspectors have under the Acts relating to the relief of the poor for the 
 purposes of those Acts.” 
 
 (2) Sections two hundred and ninety-seven and two hundred 
 and ninety-eight of the Public Health Act, 1875 (which relate 
 to the making of provisional orders by the Local Government 
 Board), shall apply for the purposes of this Act as if they were 
 
 herein re-enacted, and in terms made applicable thereto. 
 
 Sections 297 and 298 of the Public Health Act, 1875, are as follows :— 
 “297, With respect to provisional orders authorised to be made by the 
 Local Government Board under this Act, the following enactments shall be 
 made :— 
 “ (1) The Local Government Board shall not make any provisional order 
 under this Act unless public notice of the purport of the proposed 
 
 153 
 
 Sect. S6. 
 SuB-S. 8. 
 
 Appiica- 
 tion of 
 provisions 
 ot 38 & 39 
 Vict. c. 55, 
 as to local 
 inquiries 
 and pro- 
 visional 
 orders. 
 
Local Government (England ¢ Wales) Act, 1888. 
 
 order has been previously given by advertisement in two successive 
 weeks in some local newspaper circulating in the district to which 
 such provisional order relates : 
 
 **(2) Before making any such provisional order, the Local Government 
 Board shall consider any objections which may be made thereto by 
 any persons affected thereby, and in cases where the subject-matter 
 is one to which a local inquiry.is applicable, shall cause to be made a 
 local inquiry, of which public notice shall be given in manner afore- 
 said, and at which all persons interested shall be permitted to attend 
 and make objections : 
 
 (3) The Local Government Board may submit to Parliament for confirma- 
 tion any provisional order made by it in pursuance of this Act, but any 
 such order shall be of no force whatever unless and until it is con- 
 firmed by Parliament : 
 
 ‘¢(4) If while the Bill confirming auy such order is pending in either House 
 
 of Parliament, a petition is presented against any order comprised 
 therein, the Bill, so far as it relates to such order, may be referred to 
 a Select Committee, and the petitioner shall be allowed to appear and 
 oppose as in the case of private Bills: 
 
 (5) An Act confirming any provisional order made in pursuance of any of 
 the Sanitary Acts or of this Act, and any order in council made in 
 pursuance of any of the Sanitary Acts, may be repealed, altered, or 
 amended by any provisional order made by the Local Government 
 Board and confirmed by Parliament : 
 
 ‘¢(6) The Local Government Board may revoke, either wholly or partially, 
 any provisional order made by them before the same is confirmed by 
 Parliament, but such revocation shall not be made whilst the Bill 
 confirming the order is pending in either House of Parliament : 
 
 (7) The making of a provisional order shall be prima facie evidence that 
 all the requirements of this Act in respect of proceedings required to 
 be taken previously to the making of such provisional order have 
 been complied with : 
 
 (8) Every Act confirming any such provisional order shall be deemed to 
 be a public general Act. 
 
 “298. The reasonable costs of any local authority in respect of provisional 
 orders made in pursuance of this Act, and of the inquiry preliminary thereto, 
 as sanctioned by the Local Government Board, whether in promoting or 
 opposing the same, shall be deemed to be expenses properly incurred for pur- 
 poses of this Act by the local authority interested in or affected by such pro- 
 visional orders, and such costs shall be paid accordingly ; and if thought 
 expedient by the Local Government Board, the local authority may contract a 
 loan for the purpose of defraying such costs.” 
 
 (3) Provided that, where a provisional order transfers to 
 county councils generally any powers, duties, or liabilities of 
 Her Majesty’s Privy Council, a Secretary of State, the Local 
 Government Board, or other Government Department, it shall 
 not be necessary to hold a local inquiry, nor to advertise in any 
 local newspaper. 
 
 In the cases mentioned in the text, the advertisements and notices required 
 by section 297 of the Public Health Act (see the note to sub-section (2) ) are 
 dispensed with. 
 
 The provisional order here referred to is that made under section 10, ante, 
 p. 1%. 
 
 (4) Where any matter is authorised or required by this Act 
 to be prescribed, and no other provision is made declaring how 
 
51 € 52 Vict. c. 41. 158 
 
 the same is to be prescribed, the same shall be prescribed from Sect. 87. 
 time to time by the Local Government Board. Sus-8. 4. 
 
 See, for example, section 57, ante, p. 98. 
 
 (5) Where the Board cause any local inquiry to be held 
 under this Act, the costs incurred in relation to such inquiry, 
 including the salary of any inspector or officer of the Board 
 engaged in such inquiry, not exceeding three guineas a day, 
 shall be paid by the councils and other authorities concerned in 
 such inquiry, or by such of them and in such proportions as 
 the Board may direct, and the Board may certify the amount 
 of the costs incurred, and any sum so certified and directed by 
 the Board to be paid by any council or authority shall be a 
 debt to the Crown from such council or authority. 
 
 88. In the administrative county of London the following Adapta- 
 
 _ provisions shall have effect : tion of 
 
 Act to 
 (a) The county council may from time to time appoint any Metro- 
 
 fit person to be deputy chairman, and to hold office polis. 
 during the term of office of the chairman, and may pay 
 
 to such deputy chairman such remuneration as the 
 county council may from time to time think fit ; 
 
 As to the administrative county of London, see section 40, ante, p. 74. 
 
 The chairman may himself receive remuneration under section 15 (4) ot the 
 Municipal Corporations Act, 1882, post; but the vice-chairman appointed 
 under sub-section (2) (4), ante, p. 4, is not a paid officer. In London the 
 provisions of section 2 (6) will be superseded by the text. 
 
 (6) Subject to any rules from time to time made by the 
 county council, anything authorised or required to be 
 done by, to, or before the chairman, may be done by, 
 to, or before such deputy chairman ; 
 
 See the last preceding note, and compare the provisions of section 2 (6), 
 ante, p. 4. 
 
 (c) Section one hundred and ninety-one of the Public Health 38 & 39 | 
 Act, 1875, shall apply to the Metropolis in like manner Vict. cross 
 as if the Commissioners of Sewers in the City of 
 London, and every vestry of a parish in Schedule A., 
 and district board of a district in Schedule B. to the 
 Metropolis Management Act, 1855, or under any Act 18 & 19 
 amending the same, were a local authority within the ur 
 meaning of that section, and as if any medical officer 
 hereafter appointed by such commissioners, vestry, or 
 district board were appointed under the said Act, and 
 
156 
 Sect. 88. 
 
 Adjust- 
 ment of 
 law as 
 regards 
 courts, 
 juries, 
 sittings, 
 and legal 
 proceed- 
 ings in 
 Middlesex 
 and 
 London. 
 4&5 
 Will, 4, 
 c. 36. 
 
 6 Geo. 4, 
 c. 50, 
 
 Local Government (England é Wales) Act, 1888. 
 
 the provisions of this Act with respect to the qualifi- 
 cation of a medical officer or to the payment by a 
 county council of a portion of the salary of a medical 
 officer shall apply accordingly. 
 Section 191 of the Public Health Act, 1875, relates to the appointment, &c., 
 of medical officers of health. It is set out at p. 46, ante. The provisions of 
 
 this Act with respect to the qualification of a medical officer are contained in 
 section 18, p. 33. “See also sections 17, 19, 24 (2) and (8). 
 
 89, (1) The Central Criminal Court Act, 1834, shall be con- 
 strued as if the county of London were throughout mentioned 
 therein as well as the county of Middlesex. 
 
 (2) The County Juries Act, 1825, and the Acts amending the 
 same, shall apply to the county of London in like manner as 
 they apply to the county of Middlesex, and persons shall be 
 qualified to serve as jurors, and lists of jurors shall be made out 
 in like manner, so nearly as circumstances admit, as in that 
 county ; andthe present exemption of inhabitants of the liberty 
 and city of Westminster from serving on juries at quarter 
 sessions for the county of Middlesex shall cease ; but nothing 
 in this section shall alter the qualification of persons to serve 
 as jurors within the city of London. 
 
 (3) Subject to rules of court made by the authority having 
 power to make rules for the Supreme Court of Judicature, the 
 county of London and the county of Middlesex shall be deemed 
 to be one county for the purpose of all legal proceedings, civil 
 or criminal, in the Supreme Court or Central Criminal Court, 
 or any other court except the court of quarter sessions, and also 
 for the purpose of the sittings of the Supreme Court, Central 
 Criminal Court, or such other court as aforesaid, or of any 
 judge of any of such courts, and also for the purpose of any 
 jury, and of any court of assize, oyer and terminer, and gaol 
 delivery; and all enactments, rules, orders, and documents 
 referring to Middlesex shall be construed so as to give effect to 
 this section; and rules of court may be from time to time made 
 for the purpose of carrying this section into effect, and for 
 regulating the issue of precepts to the sheriffs of the counties of 
 London and ‘Middlesex for the return of jurors, and the jurors 
 so returned shall have the same powers, duties, and liabilities 
 as if the two counties were one county. 
 
 The authority having power to make rules for the Supreme Court is 
 exercised by any five or more of the following persons, of whom the Lord 
 Chancellor shall be one, viz., the Lord Chancellor, the Lord Chief Justice, the 
 
51 & 52 Vict. c. 41. 157 
 
 Master of the Rolls, the President of the Probate Division, and four other Sect, 89, 
 judges of the Supreme Court appointed by the Lord Chancellor, 44 & 45 Nor 
 Vict. c. 68, s. 19. Sus-S., 3, 
 ’ For the purposes of all legal proceedings in any court, save that of quarter — 
 sessions, London and Middlesex are to be deemed one county. 
 
 90. In the adjustment of the property, debts, and liabilities Special 
 between the counties of Surrey and Middlesex respectively and PIQVsions 
 the county of London, the annual sums payable by the counties adjust- 
 of Surrey and Middlesex respectively in respect of certain nen a 
 bridges in pursuance of the Metropolis Toll Bridges Act, 1877, polis. 
 shall be deemed to be liabilities which shall be taken into con- 40 © 41 
 
 rk ; : Viet..¢. 99; 
 sideration upon such adjustment. 
 
 The adjustment here referred to is that made under section 40, sub-section 
 (7), ante, p. 75. 
 
 The Metropolis Toll Bridges Act, 1877, is a local Act, and should be 
 described as 40 & 41 Vict. c. xcix., not as in the margin. 
 
 91, The Acts relating to the general and local militia of the Adjust- 
 rest of England and Wales shall apply to the whole of the pactaa 
 county of London in like manner as they apply to any county the Militia 
 at large; and accordingly Her Majesty shall from time to time 4“ 
 appoint a lieutenant of the county of London, provided that 
 nothing in this section shall affect section fifty of the Militia = & £6 
 
 Act, 1882. ict. c. £9, 
 
 By the 45 & 46 Vict. c. 49, s, 50, the city of London is a separate county for 
 the purposes of the militia. 
 
 Savings. 
 
 92. (1) Nothing in this Act, nor anything done in pursuance Saving for 
 of this Act, shall alter the limits of any parliamentary borough Miata. 
 or parliamentary county, or the right of any person to be mentary 
 
 registered as a voter at any parliamentary election. elections. 
 
 For the definition of a parliamentary voter or parliamentary county, see 
 section 100, post. 
 
 (2) Where by virtue of the provisions of this Act with respect 
 to the county of London, or to urban sanitary districts situate 
 partly within and partly without the boundary of a county, a 
 place situate in a parliamentary county becomes part of the 
 county of a council other than the council having authority 
 over the largest part of the parliamentary county, that is to 
 say, the part which contains the largest number of occupation 
 voters, then, for the purpose of making out and revising the 
 lists of voters, of conducting any parliamentary election, of 
 polling districts, and assigning polling places, and for all pur- 
 
158 
 Sect. 92. 
 
 SUB-S. 2. 
 
 48 & 49 
 Vict. c, 15. 
 
 Saving for 
 metro- 
 politan 
 and city 
 police. 
 
 49 & 50 
 V lets Gis. 
 
 Local Government (England & Wales) Act, 1888. 
 
 poses of and incidental to such matters, including the payment 
 of expenses, such place shall be deemed to be part of the same 
 county as the said largest part of the said parliamentary 
 county, and the sheriff, council, clerk of the peace, authorities, 
 and officers of that county shall have authority accordingly in 
 the said place, and the provisions of the Registration Act, 1885, 
 with respect to parliamentary counties extending into more 
 county quarter sessional areas than one, shall apply with the 
 necessary modifications. 
 
 The provisions of this Act as to the county of London are contained in 
 
 section 40, ante, p. 74. As to urban districts situate partly within and partly 
 without the boundary of an administrative county, see section 50, ante, p. 90. 
 
 (3) Provided that the clerk of the peace who receives from 
 the revising barrister the lists of voters in any such place shall 
 supply to any other clerk of the peace or other officer such 
 number of revised lists as he may require for the purpose of 
 making up a register of county electors. 
 
 93, (1) Nothing in this Act shall alter the metropolitan 
 police district, nor (save as is expressly provided with respect 
 to contributions in substitution for local grants) affect the 
 metropolitan police force, or the raising of money for the same, 
 and nothing in this Act shall affect the police of the city of 
 London. 
 
 As to contributions in substitution for local grants in the metropolitan 
 police district, see section 24 (2) (2), ante, p. 45. 
 
 (2) Nothing in this Act shall authorise any county council 
 to raise any sum for the purposes of any police force by any 
 contribution or rate levied within the metropolitan police 
 district ; and nothing in this Act shall alter the authority 
 under the Riot (Damages) Act, 1886, within the metropolitan 
 police district or the city of London. 
 
 As to the rates for the police in the metropolis, see 30 & 31 Vict. ¢c. 67, s. 2, 
 ante, p. 45. ; 
 
 As to the Riot (Damages) Act, see section 3 (xiv.), ante, p. 11. The 
 authority under that Act is, in the city of London, the common council ; 
 in the metropolitan police distriet, the receiver for the metropolitan police 
 district. The London County Council will not, therefore, exercise jurisdic- 
 tion under the Act ; and the county councils of Middlesex, Surrey, and Kent 
 will only act as local authority in places beyond the metropolitan police 
 district. 
 
 Saving for . 94, The grant made by the county council of London in 
 
 metro- 
 politan. 
 
 respect of indoor paupers shall be in addition to any payment 
 
51 & 52 159 
 
 made out of the metropolitan common poor fund, and nothing Sect. 94, 
 
 in this Act shall affect the enactments relating to the fund. common 
 
 The grant made by the London County Council in respect of indoor paupers poor fund. 
 
 is made under section 43, ante, p. 82. For the transitory proceedings as to 
 this grant, see section 121, post, 
 
 The metropolitan poor fund was established by the 30 Vict. c.6. It is a 
 fund raised by contributions from the several unions, parishes, and places in 
 the metropolis. These contributions are paid to a receiver appointed by the 
 Local Government Board. The fund is applied in payment of the expenses 
 of lunatic asylums, fever or smallpox hospitals, medicine and medical and 
 surgical appliances supplied by guardians by way of relief, salaries of officers 
 of guardians, district school managers and asylum managers, and officers of 
 dispensaries, registration of births and deaths, vaccination, maintenance of 
 pauper children in schools, &c.; also in payment of the expenses of the main- 
 tenance of paupers above the age of sixteen years in any workhouse in the 
 metropolis, the amount to be repaid being at the rate of fivepence per day for 
 each pauper. The Acts which contain provisions relating to the fund are 30 
 Vict. ¢. 6; 31 & 32 Vict. c. 122; 32 & 33 Vict. c. 63; 33 & 34 Vict. c. 18; 
 34 & 35 Vict. c. 15; 39 & 40 Vict. c. 61; 42 & 43 Vict. c. 54. 
 
 95. (1) Any enactment providing that any magistrate, com- Saving. 
 missioner, or other officer shall be a justice of the peace for $F. v nose. 
 Middlesex, shall be construed to refer to the county of London Surrey, 
 as well as the county of Middlesex. and Kent, 
 
 See, for example, 2 & 3 Vict. c. 71, ss.1, 3, which provides that metropolitan 
 stipendiary magistrates shall be justices of the county of Middlesex ; and 10 
 Geo. 4, c. 44, 8.1; 2 & 3 Vict. c. 47,8.4; 19 & 20 Vict. c. 2, s. 2, which 
 provide that the commissioner and assistant commissioners of police shall be 
 justices for the home counties. 
 
 (2) Where any enactment, deed, instrument, or document 
 refers to the county of Middlesex, Surrey, or Kent, such enact- 
 ment, deed, instrument, or document shall be construed to 
 apply to the same area to which it would have applied if this 
 Act had not passed, except where such application is incon- 
 sistent with this Act, or where the object of such enactment, 
 deed, instrument, or document requires that it shall be con- 
 strued to apply to the county of London. 
 
 96. Nothing in this Act shall alter the area to which Saving for 
 
 ; . : : Middlesex 
 the enactments relating to the registration of land in the [ana 
 county of Middlesex apply, and any reference in those enact- Registry. 
 ments or in any deed, instrument, or document made or issued 
 under or for the purpose of those enactments, to the county of 
 - Middlesex, shall be construed to apply to the same area to 
 which it would have applied if this Act had not passed. 
 
 The enactments relating to land registry in Middlesex are 7 Anne, c. 20 ; 
 25 Geo. 2, c. 4; 7 Will. 4 and 1 Vict. c. 30, 8. 28; 5 & 6 Vict. c. 103, s. 34; 
 22.& 23 Vict. c. 21;25 & 26 Vict. c. 53,5. 104; 37 & 38 Vict. c. 78, 5, 8; 
 38 & 39 Vict, c, 87, ss, 127, 128; 44 & 46 Vict. c, 41,8. 34, 
 
Silen were the counser evug... cus > 
 
 " casara ie: pe i at hk 
 ey 2S os TY ry T 71 STON 
 
 COURT FC 3 ATION OF CROWN 
 i Bs lalllig Ce ang | C hack. Betice, Mr. 
 160 ' {HNO lab AR Ew , MR. s) Act, 1888. 
 
 Sect.97. 97, Nothing in this Act with respect to main roads shall 
 Saving as alter the liability of any person or body of persons, corporate. 
 to liability or unincorporate, not being a highway authority, to maintain 
 
 for main i, 
 roads, 1 nd repair any road or part of a road. 
 
 This section was inserted to preserve the liability of persons or corporations 
 to repair roads which have or may become main roads, when such roads were 
 previously repairable by them ratione tenwre, or by prescription, or under an 
 Act of Parliament, such as the Railways Clauses Act, which imposes on railway — 
 companies the duty of repairing roads in some cases. 
 
 Saving for 98 Notwithstanding anything in the foregoing séctions of 
 actinta® * this Act, the Commissioners of Inland Revenue and the Com- 
 sioners of missioners of Customs, and the officers of those Commissioners 
 | respectively, shall have the same powers in relation to any 
 and articles subject to any duty of customs or excise, manufactured, 
 Customs. imported, kept for sale or sold, and any premises where the 
 same may be, and to any machinery, apparatus, vessels, 
 utensils, or conveyances used in connection therewith or the 
 removal thereof, and in relation to the person manufacturing, 
 importing, keeping for sale, or having the custody of the same, 
 as they would have had if this Act had not passed, and any 
 licenses transferred in pursuance of this Act had continued to 
 
 be granted by the Commissioners of Inland Revenue. 
 
 Defimitions. 
 
 Definition 99, All notices and documents required by this Act to be in 
 
 of writing may be in writing or print, or partly in writing and 
 
 “ written, ; : . . rey) 
 partly in print, and for the purposes of this section “print 
 includes any mechanical mode of reproduction. . 
 
 Interpre- 100. In this Act, if not inconsistent with the context, the 
 
 wen following terms have the meanings hereinafter respectively 
 
 terms in assigned to them; that is to say: ~ 
 
 a, The expression ‘‘ county” does not include a county of a 
 city or county of a town: 
 
 The expression ‘entire county” means, in the case of a 
 county divided into administrative counties, the whole of 
 the county formed by those administrative counties : 
 
 The expression ‘ division of a county,” in the provisions of 
 this Act respecting the property of quarter sessions includes 
 any hundred, lathe, wapentake or other like division : 
 
 The reference here is to section 64, ante, p. 108, which transfers to county 
 councils property held for a division of a county. 
 
51 ¢ 52 Vict. c. 41. 161 
 
 The expression ‘‘administrative county’ means the area Sect.100. 
 for which a county council is elected in pursuance of this 
 Act, but does not (except where expressly mentioned) 
 include a county borough: 
 
 The administrative counties which are not entire counties are those enume- 
 rated in section 46, ante, p. 85. 
 
 The expression ‘“‘ metropolis’? means the city of London and 
 the parishes and places mentioned in Schedules A., B., Ses 19 
 and ©. to the Metropolis Management Act, 1855, as aon 
 amended by subsequent Acts: 
 
 The expression ‘‘ borough” means any place for the time 
 being subject to the Municipal Corporations Act, 1882, 45 & 46 
 and any reference to the mayor, aldermen, and burgesses Nich. C250; 
 of a borough shall include a reference to the mayor, 
 aldermen, and citizens of a city: 
 
 The expression ‘‘quarter sessions borough” means a 
 borough having a separate court of quarter sessions, and 
 includes a county of a city and a county of a town, subject 
 to the Municipal Corporations Act, 1882: 
 
 The expression ‘‘ quarter sessions” as respects any county, 
 riding, division, or liberty, means the justices in quarter 
 or general sessions assembled, and includes justices 
 assembled in gaol sessions, annual general sessions, and 
 adjourned sessions, and as respects any borough, means 
 any court of quarter or general sessions held for the 
 borough or for any county of a city or town consisting of 
 the borough, whether held by the recorder or by justices, 
 and as respects the city of London, means the court of 
 the mayor and aldermen in the inner chamber: 
 
 The expression ‘‘ parish”’ means a place for which a separate 
 overseer is or can be appointed, and where part of a 
 parish is situate within, and part of it without, any 
 county, borough, urban sanitary district, or other area, 
 means each such part: 
 
 The expressions ‘parliamentary county,’ and “ parlia- 
 mentary election,” and ‘parliamentary voters,” have the 
 same meaning as in the Registration Act, 1885, and the 48 & 49; 
 
 _ Acts therein referred to. Vict. ¢. 15. 
 
 By 48 Vict. c. 15, s. 19, the expression “ parliamentary county’? means a 
 
 county returning a member or members to serve in Parliament, and where a 
 
 county is divided for the purpose of such return means a division of such 
 county, 
 
 M 
 
IfLDING ESTATE, 
 
 I SALE, in one or more lots, 
 
 payment by instalment, nearly 5,000 fect valuable frontages to parish 
 
 roads. Profits fully 100 per cent. Large mansion, suitable for club. 
 Station on the estate. Address Trustee, May’s, 162, Piccadilly. 
 
 REEHOLD GROUND-RENTS for SALE. For 
 particulars apply to Messrs. Bean, Burnett, and Eldridge, 14, 
 Nicholas-lane, .C. 
 
 REEHOLD GROUND-RENT. £31 10s. secured 
 
 on six excellent weekly houses, Acton ; price 24 years. Also £15, 
 Selhurst, 22 years. Leasehold ground-rent, £49, 20 years. Money 
 urgent.—S., 46, Barbican, E.C. 
 
 REEHOLD GROUND-RENTS. £1,000 per 
 annum., price 30 years’ purchase :—£1,225, at 2744; £1,600, at 
 26% >; £170 £450, at 26 ; £145 £240, at 254% ; £95, at 24% ; £505, at 24; 
 £4 
 - 
 
 092, at 23; £24, at 22%; £27, at 2144. Details of Bekens, 2, 
 Circus-place, London-wall, 
 
 ROUND-RENTS (LEASEHOLD) for nearly 90 
 
 years torun, ‘he net income is ratber over £100 a year. 
 Secured on property of six times the value, the only liability to the 
 owner being £5 a year. This is a good investment for trust money and 
 will return 4% per cent. Apply to Mr. Richard Notley, Surveyor, 80, 
 Cornhill. 
 
 OARDING-HOUSE (high-class) for SALE. 
 W.C. district. Always full. 13 bed rooms. Profits over £300 
 
 a year, As it is absolutely necessary to realize at once, nothing is 
 asked for the goodwill, and the furniture can bs had at valuation. 
 Satisfactory reasons for selling. This is a bonaé-fide bargain. No 
 agents. Particulars of Hugh Latter, Solicitor,90,Chancery-lane, W.C. 
 
 ERESFORD ARMS HOTEL, Armagh.—For 
 sale as a going concern.—In consequence of the owner's re- 
 tiring from business this well-known and old established FAMILY 
 and COMMERCIAL HOTELis offered for SALE. The Beresford 
 Arms is situated in the most central position, and is the principal 
 hotel in the city of Armagh. The business, which for many years has 
 been{of a most extensive and lucrative character, isjsteadily increasing, 
 as can be seen from an examination of the books,which are open to in- 
 spection. A very large posting business is carried on in connexion 
 with the hotel, attached, to which is a commodious yard with stabling 
 for 50 horses. For full particulars apply to Thomas W. Kilpatriok, 
 Solicitor, Armagh. 
 
 ADY STUDENTS’ HOME (Goodwill, Furni- 
 ture, and Remainder of Lease) to bs DISPOSED OF. Estab- 
 lished 11 years. Excellent connexion. House, containing 17 rooms, 
 is conveniently situated near University College, British Museum, 
 and Medical School. Large garden, tennis lawn. For terms and 
 particulargaddress the Principal, Russell-house, Lavistock-square, W.C. 
 
 AMPSTEAD.—Mr. WILLETT’S HOUSES and | 
 8TABLES occupy the best positions, are perfectly built and | . 
 
 drained ; good gardens. Some have tennis lawns, Offices, 2, Sloane 
 
 gardens, S.W., and Lyndhurst-gardens, Hampstead. Telephone 3,184 
 
 YDE-PARK and PORTMAN ESTATES.— 
 
 | 
 Messrs. FREDERIOK A. MULLETT, BOOKER, and Co.'s 
 REGISTSR of the principal select furnished and unfurnished RESI- 
 
 DENCES to be LET or SOLD maybe inspected daily at their Auction 
 and Estate Agency offices, Albion-house, Hyde-park-square (the corner 
 of Albion-street), W. 
 
 ANTS, near Southsea. —FAMILY RESIDENCE 
 
 to be LET, on LEASE, for a short term. In thorough repair 
 
 and well Furnished. Situated onshore of Langstone Harbour, with 
 
 private pier and wharf near house. Has large entrance-hall and recep- 
 
 tion rooms, 12 bed and dressing rooms, bath room, kitchen,and offices. 
 
 Town water laid on. Stables, coacb-house, and other outbuildings, 
 
 greenhouse, pleasure grounds, lake of nine acres, very productive gar- 
 
 den, orchard, copse, cottage for gardener, and lodge at entrance. 
 
 Good wild-fow] shooting. 21 acres of grass can be had. Address Owner, 
 Petit Tor-house, St. Mary Church, Torquay. No agents. 
 
 AMPTON-ON-THAMES.—For SALE or to be 
 LET, a FAMILY detached RESIDENCE, standing in its own 
 grounds of about an acre. Most pleasantly situate on the best part of 
 Hampton-hill, near rail, river, Hampton-court, Busbey and Kempton 
 parks, Hurst Club, &c., and contains 21 bed and dressing rooms, bath | 
 (hot and cold), and large reception rooms, very superior domestic re- 
 quirements throughout, gas and water supply ; two-stall stable, 
 coach-house, rooms over, and laundry. The house can be used a8 a 
 private residence, and is also well adapted for high-class ladies’ col- 
 lege, military training college, or public institution. Immediate pos- 
 session may be had. Apply to Mr. J. Embleton, Suffolk-house, New 
 Hampton. 
 
 ERTFORDSHIRE, Baldock (one hour from 
 London), tive minutes’ walk from Great Northern Station, and 
 within easy distance of meets of the Hertfordshire, Puckeridge, and 
 Cambridgeshire Hounds.—To be LET (with option of purchase), a 
 capital RESIDENCE, known as The Manor-house, containing 
 entrance-hall, side entrance, three reception rooms, eight bed rooms, 
 boudoir. dressing rooms, and usual domestic offices ; good lawn, first- 
 rate stables, double coach-house, and harness room ; near the above 
 is a useful paddock, with stable, &c., and kitchen garden ; also a good 
 dwelling-house for coachman or gardener, with productive walled-in 
 garden (these can readily be let off if required). Further particulars 
 may be obtained of Messrs. Hawkins and Co., Solicitors, Hitchin ; 
 ene of Mr. George Jackson, Auctioneer and Estate Agent, Hitchin, 
 erts. 
 
 SLE of WIGHT, St. Lawrence, near Ventnor.— 
 
 ROCKLANDS, comprising three sitting rooms, seven bed rooms, 
 butler’s room, wine cellar, spacious kitchen Oflices, three w.c.’s, hot 
 and cold baths, vinery, &c. ; good stabling, man’s room over, three 
 acres romantic grounds, and sea view; sheltered. Near church and 
 post-oflice. Rent £160 per annum. Apply to H. Wecker, The Mount, 
 Belgrave-road, Ventnor. 
 
 SLE of THANET, Kent.—To be SOLD, by Pri- 
 
 vate Contract, a desirable FREEHOLD ESTATE, comprising 
 Upper Hale Farm, in the parish of St. Nicholas at Wade, about two 
 miles from the Birchington Station (L.,C.,D.R.), with farmhouse, 
 cottages, and farmbuildings, and 253a. 3r. 32p. of sound arable and 
 '| pasture land. The land is well farmed and in a good state of cultiva- 
 | tion, and is bounded by good roads, For further particulars apply to 
 Messrs. Nethersole and Honeyball, Auctioneers and Estate Agents, 
 Deal and Teynham, Kent. 
 
 ENT, 20 minutes’ from Cannon-street.—Gentle- 
 man’s handsomely appointed, detached RESIDENCE, 30, 
 Manor-park, Lee, with beautifully secluded grounds of nearly an 
 acre, tennis lawn,and excellent glasshouses. Contains four reception 
 rooms, seven bed rooms, fitted bath room, &. Occupied by owner 16 
 years. Will be SOLD by AUCTION, June 3d, at the Mart. Particu- 
 lars of Mr. A. Barton, 9, Queen Victoria-street, E.O. 
 
 ORTH HANTS.—To be LET, unfurnished, a 
 
 ‘ picturesque X VIZ. century FARMHOUSE and PREMISES, 
 
 | with a few acres of pasture and old-fashioned gardens, pleasantly 
 
 situated about four miles from Alton, and approacbed by a carriage- 
 
 way from the road. The house contains three spacious reception 
 
 | | rooms and seven bedrooms, with good kitchen and offices; stabling 
 
 for three horses, coach-house, &c. Rent £80.—Wetherall and Sons, 
 Hartley Wintney, Winchfield. 
 
 N the BANKS of the THAMES.—Alex. H. 
 : Turner and Co, have personally inspected and can offer all 
 '| HOUSES on and near the river, available for the summer or longer. 
 | Fullest details on application at their offices, 199, Piccadilly, W., and 
 at Guildford and Weybridge. 
 
 N the THAMES.—Most charming RESIDENCE 
 
 to be LET, for May, June, and July, well Furnished. Nine 
 
 bed rooms, two dressing rooms, three reception rooms ; stabling for 
 four horses, coachman’s cottage, delightful grounds. Apply to Mr. 
 Mason, Estate Agent, Windsor. 
 
 ] 
 N the THAMES.—Staines, express service to Lon- 
 
 , ee ee ee a ee ee 
 
 don.—Giddy and Giddy can offer for the summer a charming 
 RESIDENCE. 13 bed rooms, stabling, and lovely grounds. Also 
 several smaller houses on and close to the river. Rentals varying 
 
 : | from five guineas to 25 guineas a week, All personally inspected. Ap- 
 | ply at Chief office, 121, Pall-mall. 
 
 N the BANKS of the THAMES, and half-an- 
 
 : hour’s rail from Waterloo.—A charming detached RESIDENCE, 
 
 , | in delightful grounds of three acres. 10 bed rooms, dressing and bath 
 rooms, four reception rooms, small billiard room, conservatory, and 
 
 - | Offices. To be LET, Furnished, for six months. Apply to Mr. Chan- 
 ‘| cellor, Richmond. 
 
 BAN, N.B.—To be LET, Furnished, for two or 
 _¥ more months from lst June, handsome VILLA, standing 
 - | within its own grounds on hill, containing three reception rooms, five 
 r | large bed rooms (one with dressing room), and four smaller ones, 
 
 servants’ sitting room, kitchen, bath room (hot and cold water), two 
 . | lavatories ; small garden and tennis ground. Finest views in Oban. 
 Golf course within a quarter of an hour's walk of house. Rent £50 
 per month. Apply D. Macphail and Son, Oban. 
 
 UTNEY.—Detached VILLA, seven bed rooms, 
 ‘ bath, fitted (h, and c.), lavatories ditto, three reception rooms, 
 . | good domestic offices, just handsomely decorated. Immediate occu- 
 ) 
 
 pation, Tennis lawn. Ten minutes’ from station. Rent £80, or 
 would be Sold.—Aries and Son, 243, Upper Richmond-road, Putney. 
 ARK-VILLAGE WEST, Regent’s-park, —A 
 
 , s charming, detached BIJOU RESIDENCE to be LET, unfur- 
 - | nished, at £110 per annum ; or the long Lease would be Sold, and the 
 
 appropriate contents could be purchased at valuation. Apply to 
 " Lumleys, 22, St. James'’s-street, Piccadilly. fay 
 
 PRESSE BIEL, on the summit of the Hill, in 
 @ commanding position (overlooking the open space and parks). 
 —To be SOLD, TWO spacious and commodious RESIDENCES, 
 containing ample and roomy accommodation, with all modern im- 
 provements ; most convenient for City and West-end. Lease 74 years. 
 Ground rent £15. Price £7,500. Apply to Mr. Broderick, Estate 
 Agent, 166, Regent’s-park-road, N. W. 
 
 EIGATE.—Furnished.—To be LET, for two or 
 
 three months, a moderate-sized HOUSE, with three reception 
 
 and ie ha rooms. Address Housekeeper, 14, Queen Victoria- 
 street, E.C, 
 
 dl AS = 250 a ee eae oP Ee ee 8 oe is od 
 T. JAMES’S-PLACE.—LEASE of _ recently- 
 _ erected HOUSE in the best part of Clubland to be SOLD, 
 furnished or unfurnished.—Mr. Wm. Whiddington, Architect, 71, 
 Queen-strest, Cheapside, E.C. 
 
 tj USSEX.—_FURNISHED COUNTRY RESI- 
 
 \K—-' DENCE tobe LET. For printed lists apply to Wilkinson, Son, 
 
 oe Nye 168, North-street, Brighton, and 26, Havelock-road, 
 stings. 
 
 USSEX, near Brighton.—_SMALL RESIDENCE, 
 
 with 17 acres of well wooded grass land, under one mile from station 
 on London and Brighton Railway. Three small reception rooms, six | 
 bed and two dressing rooms ; stabling, formar. and yards. Rent £80. 
 Apply to Messrs. Norton, ‘frist, and Gilbert, 62, Old Broad-street,E.C. 
 
 eS ee es PG RENO ey S2akt soe OW CBU e yee 
 ~OUTH HAMPSTEAD (close to Fitzjohn’s- 
 avenue),—To be LET, for the season, a handsomely FUR- 
 NISHED, detached RESIDENCE, containing 11 bed, dressing, and 
 bath rooms, three reception rooms, and offices. Terms moderate. 
 Apply to Messrs. Liberty and Oo., Estate Agents, 140-150, Regent- 
 
 etreat VW. 
 
 uns «©8 FF 8 
 
 onrrrvs § 
 
 Sane uw 
 
 Popa 
 
 a 
 
EF GRANTHAM.) 
 THE QUEEN V. BARKER, 
 
 This was a case from the Sessions of Cheskire as to 
 the liability of the defendant to repair two roads in 
 the township of Huntington, in that sige ee Dy 
 reason of the defendant’s tenure of certain lands in 
 the towuship.’’ The roads are both ancient highways. 
 As to one of them, an Act was passed in 1854 by which 
 it was made a turnpike road until the Act expired in 
 1876, and the trustees widened the road and maca- 
 damized the centre, and after tbe Act expired the 
 then owner of the lands, who had repaired it before 
 the Act, continued (under a misapprehension as to his 
 liability) to repair it until his death, and afterwards 
 the defendant had done so. ‘There was no evidence 
 that the township or parish had ever repaired theroad, 
 nor that any one else had done so except the then 
 owner and the defendant. Before the Act the cost of 
 repairs was small, the stones being found on the 
 lands, but of late years the expense had risen to above 
 £200. The contention for the prosecutors was that 
 the defendant was bound to repair the road as a 
 macadamized road, the expense of which they esti- 
 mated at from £700 to £1,000, and the defendant’s 
 witnesses estimated it at from £400 to £450. It was 
 proved that the defendant was not the occupier of 
 any of the lands mentioned, or of any lands whatever 
 in the county, but that he was the owner of a con- 
 siderable guantity of land abutting on both sides of 
 both the highways in question. As to the other road, 
 it was proved that it had always been repaired by the 
 former owner or his tenants and by the defendant or 
 his tenants, and there was no evidence that the town- 
 ship or any one else had ever repaired it. It was con- 
 tended for the defendant that as to the post road he 
 was not liable, as its character had been altered ; 
 and, as regards both the roads, that he was not liable, 
 vot being occupier of any part of the Jands in respect 
 of the tenure of which he was alleged to be liable, 
 
 'MONDAY, MAY 12, | 
 
 = 
 
 ae ete it MP ow ct Oo 
 
 ~ ODO RVG Mme SH DP ter tla OG RH It CU 
 
 but only the owner- On the part of the prosecutors it J 
 
 71) 
 fi 
 (a 
 14) 
 
 \ 
 
 | 
 ‘] Aly 
 
 Py pa Mn 
 IIS aS 
 
 was contended that the owner was liable as ‘‘ the 
 person who derived the real benefit,’’ and that it was 
 better to indict him than a number of tenants. The 
 prosecutor further stated that they had asked the 
 Cheshire County Council to repaic the post road, but 
 that they had declined to do so, thinking that under 
 section 97 of the Local Government Act, 1888 (51 
 and 52 Vict., c. 41), they were not bound to do so, 
 and at their suggestion this prosecution was instituted 
 in order to try the question. The jury found that the 
 roads were out of repair,and that the post road, before 
 it was converted into a turnpike road, had a stone 
 pavement 9ft. wide in the centre, with grass or 
 earth sides, and that it was altered by the turnpike 
 trustees by their taking up tke pavement and 
 making the road macadamized, and (subject to the 
 points taken and reserved) they found the defendant 
 liable to repair the roads by reason of his holding 
 lands. The question was reserved for this Court 
 whether the defendant was liable to repair the roads 
 or eitber of them. 
 
 Mr, MARSHALL argued the case for the defendant, 
 the appellant, and urged that the character of the post 
 road had been so altered, and the burden of its repairs 
 Was so increased, that the defendant, as the owner, 
 was no longer liable to repair it, and that,not being 
 occupier of the lands, he was not liable to repair 
 either of the roads. The liability of a party to repair 
 ratione tenure could not be increased by changes in 
 the character of the road beyond his ancient and 
 customary liability. He is not bound to put it in 
 better repair than it has been from time immemorial, 
 for the liability is prescriptive and arising from 
 ancient immemorial usage. He cited several autho- 
 rities, including ‘* The Queen v. Pickering ’’ (41 
 Justice of the Peace, 561), ‘‘ Rex. v. the In- 
 habitants of Middlesex ’’ (3 Barnwall and dAdol- 
 phus’s Reports, 201), ‘‘ The King v. the West Riding 
 of Yorkshire ’’ (2 East, 352). [Lorp CoLERIDGE 
 threw out that when the Turnpike Act expired the 
 original liabilit, revived to the extent to which it 
 had previously existed.] But the repairs now required 
 are estimated by the prosecutors at above £1,000. 
 {Lorp CoLERIpGern.—We have nothing to do with 
 that.] But the old road no longer exists, and this is a 
 new obligation altogether. Then as to the other point, 
 which applies to both roads, the defendant is not 
 occupier of the lands on which the liability is sought 
 to be imposed, though he is owner (as trustee) of the 
 lands. The party must be occupier. [LorpD CoLE- 
 RIDGE.—It is so laid down, ana has never been ques- 
 tioned.] That is so. 
 
 Mr. KH. H. Luoyp appeared for the prosecutors in 
 support of the verdict, aud proposed to deal with the 
 second point first,as it applied to both roads. [| Lorp 
 CoLERIDGE.—But we must determine both points, for 
 if we decided against you on the second poitt you 
 would indict the tenants.] That is so. The law is not 
 as has keen supposed. The liability to repair ratione 
 clausur@ is in tbe occupier; not so if ratione 
 tenurce. (‘* The Queen vy. Ramsden,’’ Ellis, Black- 
 burn, and Ellis’s reports.) [LoRD COLERIDGE said 
 he did not think that distinction was drawn in the old 
 authorities in ‘‘ Rolle’s Abridgment,’’ and the same 
 reason appeared to apply.] It has been held that where 
 the occupier has been prosecuted he may recover 
 against the owner (*‘ Baker v. Greenall,’’? 3 Q. B. 
 Rep). That shows that the occupier is primarily 
 liable, though the owner is also liable; and the 
 owner is only prosecuted from reasons of convenience. 
 [Lorp CoLERIDGE.—lt does not follow because 
 as in many instances the occupier when prosecuted 
 may recover from the owner, that therefore at once 
 the owner may be prosecuted.] Then as to the other 
 point, the change in the character of the road under 
 
 | the Turnpike Act, it carefully kept aliye the common 
 
 law liability, or left it alive, it requiring no express 
 enactment to preserve it. [Mr. Justice HAWKINS.— 
 Supposing the road remained as it originally existed.] 
 No doubt. But the lability continued notwithstand- 
 ing the powers given by the Turnpike Act. 
 
 Lorp COLERIDGE said the case had been ably 
 argued, and raised some interesting considerations ; 
 but he confessed that on neither of the points raised 
 did he entertain any doubt. As to the second of the 
 points taken, as to occupation, there was no doubt 
 that the burden of repair hed been on a former owner, 
 but the defardant was not the occupier ; and from the 
 time of Charles II. the law had been that on an obli- 
 gation to repair ratione tenurw the occupier must be 
 indicted, and that the owner could not be indicted. 
 So the law was laid down in a case in ‘* Rolles’s 
 Abridgment,’’ and so it had been taken to be ever 
 since. ‘he reason was that the duty was cast pri- 
 marily on the occupier, who was on the spot. On 
 that ground, therefore, this prosecution failed. But 
 that did not dispose of the other, and the graver 
 question—as to the change in the character of the 
 road, which had been a turnpike road. The road was 
 an old narrow road,going in part through these lands, 
 on the owner of which occupying there was the 
 liability to repair rattone tenur@. Then, under the 
 
 | Turnpike Act it was widened and mascadamized, and 
 
 thus the nature and extent of the liability to repair 
 was greatly altered. Then the present owner was in- 
 dicted for the pon-repair of the road as it now 
 existed. Now it had been held long ago that Acts of 
 this kind did not destroy the old common law liability 
 and left it as it was before (‘‘ The King v. St. 
 George’s, Hanover-square,’’ 3 Campbell’s Reports). 
 That was decided, no doubt, as against a parish, but 
 the same principle applied to common Jaw liabilities. 
 That being so, if the trustees had left the road as it 
 was before, the old liability would have remained. 
 But the road kad been changed, and the old road no 
 longer existed ; 1t had been altered, so that the old 
 liability no longer existed ; for the road to which it 
 as attached bad ceased to exist, and the ancient 
 obligation no longer attached to it. He put it, 
 therefore, on the ground that the party could not be 
 liable to repair the road as it now existed at all. 
 
 Mr. JusrickE HAWkIns said bis Lordship had so 
 well explained the grounds of the judgment that he 
 did not think it necessary to add anything further. 
 
 Mr. Justice MATHEW and the otber JUDGES also 
 concurred. x 
 
 Judgment for the defendant. 5 
 
162 Local Government (England ¢ Wales) Act, 1888. 
 
 Sect:100. By 41 & 42 Vict. c. 77, s. 4, amended by 48 Vict. c. 15, s. 1 (3), the term 
 
 Norse, “parliamentary voter” means a person entitled to be registered as a voter, and 
 
 po when registered to vote at the election of a member or members to serve in 
 Parliament for a parliamentary borough or county. : 
 
 The expression “Secretary of State’’ means one of Her 
 Majesty’s Principal Secretaries of State: 
 
 The expression ‘‘Treasury”” means the Commissioners of 
 Her Majesty’s Treasury: 
 
 The expression ‘‘Bank of England” means the Governor 
 and Company of the Bank of England: 
 
 The expression ‘‘existing” means existing at the time 
 specified in the enactment in which the expression is 
 used, and if no such time is expressed, then at the day 
 appointed to be for the purpose of such enactment the 
 appointed day: | 
 
 For the appointed day, see section 109, post. 
 
 The expression “‘ guardians” means guardians elected under 
 4&5 W the Poor Law Amendment Act, 1834, and the Acts 
 hag: amending the same, and includes guardians or other 
 bodies of persons performing under any local Act the like 
 functions to guardians under the Poor Law Amendment 
 Act, 1834: | 
 The expression ‘poor law union” means any parish or 
 union of parishes for which there is a separate board of 
 ouardians : | 
 The expressions “district council” and “county district” 
 mean respectively any district council established for 
 purposes of local government under an Act of any future 
 session of Parliament, and the district under the manage- 
 ment of such council, and until such council is established, 
 mean respectively— 
 
 (2) As regards the provisions of this Act relating to 
 highways and main roads, a highway authority 
 and highway area; and 
 
 (b) Save as aforesaid, an urban or rural sanitary 
 
 38 & 39 authority within the meaning of the Public 
 Vict, ¢. 55, Health Act, 1875, and the district of such 
 authority : 
 
 This definition became necessary when it was resolved to omit from this Act 
 the clauses relating to district councils. 
 
 The expression ‘highway area”? means, as the case may 
 require, an urban sanitary district, a highway district, or 
 
51 d 52 Vict. c. 41. 
 
 163 
 
 a highway parish not included within any highway or‘Sect.100, 
 
 yrban sanitary district: 
 
 The expression ‘‘ highway authority” means, as respects an 
 urban sanitary district, the urban sanitary authority, and 
 as respects a highway district, the highway board, or 
 authority having the powers of a highway board, and as 
 respects a highway parish, the surveyor or surveyors of 
 highways or other officers performing similar duties: 
 
 It should be borne in mind that by virtue of sections 35 (4) and 38 (4) 
 
 boroughs are now to be included in the definition of an urban sanitary 
 
 authority in the Highway Act, 1878, and the council of the borough is therefore 
 the highway authority. 
 
 ~The expression ‘‘urban authority’ means, until the esta- 
 blishment of district councils as aforesaid, an urban 
 Sanitary authority; and after their establishment, the 
 district council of an urban county distvict: 
 
 By the Public Health Act, 1875, section 6, urban authorities are, in a 
 
 borough, the town council; in a local government district, the local board ; 
 and in an Improvement Act district, the Improvement Commissioners, 
 
 The expression ‘rural authority’ means, until the establish- 
 ment of district councils as aforesaid, a rural sanitary 
 authority; and, after their establishment, the district 
 council of a rural county district: ) 
 By the Public Health Act, 1875, section 9, the area of a union outside an 
 
 _ urban district is a rural sanitary district in which the guardians are the rural 
 sanitary authority. 
 
 The expression ‘‘person” includes any body of persons 
 whether corporate or unincorporate : 
 
 Any expression referring to the value .of any parish, 
 borough, or area as ascertained by the standard or basis 
 for the county rate or contributions shall, where any rate- 
 able value has been fixed by agreement between the 
 councils of any county and county boroughs, be that 
 value, and subject thereto, shall, in the case of any 
 parish, borough, or area for which there ig no such 
 standard or basis, refer to the total rateable value as 
 determined by the last valuation lists, or if there is no 
 valuation list, by the last poor rates for such parish or the 
 parishes comprised in such borough or area; and where an 
 area is authorised or directed by this Act to be assessed 
 to any contributions or rates, the same shall, unless 
 
 M 20 
 
164 Local Government (England & Wales) Act, 1888. 
 
 Sect. 100, otherwise provided by law, be assessed according to the 
 standard or basis for the county rate: 
 
 See as to this definition, section 33, ante, p. 59. See also section 24 (5) 
 and section 26 (2). 
 
 The expression ‘ property’”’ includes all property, real and 
 personal, and all estates, interests, easements, and rights, 
 whether equitable or legal, in, to, and out of property real 
 and personal, including things in action, and registers, 
 books, and documents; and when used in relation to any 
 quarter sessions, clerk of the peace, justices, board, 
 sanitary authority, or other authority, includes any 
 property which on the appointed day belongs to, or is 
 vested in, or held in trust for, or would but for this Act 
 have, on or after that day, belonged to, or been vested in, 
 or held in trust for, such quarter sessions, clerk of the 
 peace, justices, board, sanitary authority, or other 
 authority: and the expression ‘“‘ property” shall further ~ 
 include, in the case of the county of Chester, any surplus 
 revenue of the River Weaver Trust, which is or would but 
 for this Act be payable to the quarter sessions: 
 
 As to the appointed day, see section 109, post. 
 
 As to the transfer of property, see section 64, ante, p. 108. 
 As to the River Weaver Trust, see section 69 (12), ante, p. 119. 
 
 The expression ‘‘ powers ” includes rights, jurisdiction, capa- 
 cities, privileges, and immunities: 
 
 The expression ‘‘ duties” includes responsibilities and obli- 
 gations : 
 
 The expression ‘liabilities’ includes liability to any pro- 
 ceeding for enforcing any duty or for punishing the breach 
 of any duty, and includes all debts and liabilities to which 
 any authority are or would but for this Act be liable 
 or subject to, whether accrued due at the date of the 
 transfer, or subsequently accruing, and includes any 
 obligation to carry or apply any money to any sinking 
 fund or to any particular purpose : 
 
 The expression ‘“‘ powers, duties, and liabilities,” includes all 
 powers, duties, and liabilities conferred or imposed by or 
 arising under any local and personal Act: 
 
 The expression ‘‘ expenses ” includes costs and charges: 
 
 The expression ‘‘ costs’’ includes charges and expenses: 
 
 The costs of assizes and of quarter and petty sessions include 
 
51 & 52 Vict. c. 41. 165 
 
 such of the following costs as are applicable, that is to say, Secé.100, 
 the costs of maintaining and providing the courts and ~~ 
 offices and the judges’ lodgings, the salaries and remune- 
 ration of a chairman of quarter sessions, clerks of assize, 
 clerks of the peace, clerks of the justices, and other officers, 
 the costs of the jury lists, the costs of rewards ordered to 
 be paid by the court, the cost of prosecutions, including 
 the costs of the defendants’ witnesses, and all other costs 
 incidental to the assizes, quarter sessions, petty sessions, 
 or the judges, but nothing shall require a quarter sessions 
 borough to contribute towards the costs of prosecutions at 
 assizes, except in the case of prisoners committed for trial 
 from the borough: 
 A quarter sessions borough may be a county borough; see the definition, 
 supra. Quarter sessions boroughs are to contribute towards the cost of assizes, 
 
 &c., under section 32 (3) (@), ante, p. 55, section 35 (5), ante, p. 67, section 
 38 (5), section 39 (1). 
 
 The expression ‘‘assizes’’ includes the Central Criminal 
 Court : 
 
 The expression ‘‘pension” includes any superannuation 
 allowance, gratuity, or other payment made on the retire- 
 ment of any officer : | 
 
 The expression ‘office’ includes any place, situation, or 
 employment, and the expression ‘‘ officer’ shall be con- 
 strued accordingly : 
 
 The expression ‘the divisions of Lincolnshire’’ means the 
 parts of Holland, the parts of Kesteven, and the parts of 
 Lindsey : 
 
 The expression ‘‘County and Borough Police Act, 1856,” 19 & 20 
 means the Act of the session of the nineteenth and Vi ° 6: 
 twentieth years of the reign of Her present Majesty, 
 chapter sixty-nine, intituled ‘“An Act to render more 
 effectual the Police in Counties and Boroughs in England 
 and Wales,” and the expression ‘‘County and Borough 
 Police Acts’? means the County and Borough Police Act, 
 1856, and the Acts therein recited : 
 
 The expression ‘‘ main road,’ when used in relation to the 
 district of any highway or road authority, means so much 
 of the main road as is situate within the district of such 
 authority. 
 
 In relation to the election of county councillors, the day of 
 
 nomination shall be deemed to be the day on which the names 
 
166 Local Government (England & Wales) Act, 1888. 
 
 ” 
 
 Sect.100, of the persons nominated are fixed on the town hall or other 
 ~ conspicuous place. 
 As to the meaning of this provision, see the note to section 75, sub-section 
 
 (9), ante, p. 127, and the note to the Municipal Corporations Act, 1882, 
 schedule 3, part 2, rule 15, post. 
 
 Extent of 101, This Act shall not extend to Scotland or Ireland. 
 Act. 
 
 Short title. 102, This Act may be cited as the Local Government Act, 
 
 1888, 
 PART VI. 
 TRANSITORY PROVISIONS. 
 First Election of County Councillors. 
 First 103. (1) The first election of county councillors under this 
 
 election of Act shall be held in the month of January next after the 
 
 county 
 
 councillors passing of this Act on such day in each county not earlier than 
 the fourteenth day of January as the returning officer for that 
 county may fix, and the returning officer shall publish notice of 
 such day in the preceding month of December, and the day so 
 fixed shall be deemed for the purposes of the first election to be 
 
 the ordinary day of election of county councillors. 
 
 The notice of election is to be published during December, 1888. This 
 notice will correspond to that required by the Municipal Corporations Act, 
 1882, section 54, post. The returning officer will fix the day of election for 
 some day between the 14th and 31st day of January, 1889. 
 
 The nomination papers must be delivered and all other preliminary matters 
 performed in manner provided by the Municipal Corporations Act, eae 
 schedule 3, part 2, post. 
 
 (2) The sheriff of each county shall be the returning officer 
 for such first election, but if the sheriff desires to be a candidate — 
 at such election the county quarter sessions on his application 
 may appoint another person to be the returning officer, and the 
 person so appointed shall, for the purpose of such election, 
 have the powers and duties of the sheriff. 
 
 As to the returning officer for the first election in the county of London, see 
 sub-section (7), post. 
 
 (83) At the first election the returning officer may, if it appears 
 to him necessary, divide an electoral division into polling 
 districts, so however that every polling district shall be an 
 area or a combination of areas for which separate parts of the 
 
51 & 52 Vict. c. 41. 
 
 167 
 
 register of electors are made out, and he shall settle and give Sect. 103. 
 
 proper notice of the places at which the poll for each electoral 
 division, or district of a division, shall be taken. 
 
 It will be remembered that electoral divisions are to be framed with regard 
 to polling districts. 
 
 By the County Electors Act, section 4, sub-section (2), amended by section 
 76, sub-section (1), of this Act, ante, p 135, where a parish is not situate ina 
 municipal borough, the lists and register of voters are to be framed in parts 
 for polling districts and electoral divisions and for urban districts, and for 
 wards of urban and rural districts, in such a manner that the parts may be 
 conveniently compiled or put together to serve as lists for polling districts 
 and elections in urban districts and as electoral division or ward lists. 
 
 As to the power of the Local Government Board to remedy defects if no 
 register of electors is properly made up, see section 108, post. 
 
 The dividing of divisions into polling districts will, after the first election, 
 “oh on the county council. See the Municipal Corporations Act, 1882, 
 8, 64, post. 
 
 (4) The clerk of the peace, who will by virtue of this Act 
 become the clerk of the county council when elected, shall 
 make up the county register and division registers of the county 
 electors for the purposes of the first election, and shall deliver 
 the same to the returning officer, and every clerk of the peace 
 who has in his custody any revised lists of electors required for 
 making up such registers, shall supply to the above-mentioned 
 clerk of the peace such number of copies of those lists as he 
 may require for the purpose of making up the said registers. 
 
 As to the clerk of the peace who will become the clerk of the council, see 
 section 118, post. See also section 83, ante, p. 145. 
 
 As to the duty of the clerk of the peace to make up the register of county 
 electors for the county and for the electoral divisions, see section 7 of the 
 County Electors Act. This duty will in London devolve upon the returning 
 officer at the first election. (See sub-section (8), post.) 
 
 As to the concluding portion of this sub-section, see section 92, sub-section 
 (2), ante, p. 157. 
 
 (5) The returning officer shall send to the clerk of the peace, 
 who will, by virtue of this Act, become the clerk of the county 
 council, thé names of the persons elected, and shall send to 
 each person elected a county councillor notice of his election, 
 accompanied by a summons to attend the first meeting of the 
 provisional council fixed by this Act at such time and place as 
 the returning officer may fix. 
 
 The date of the first meeting is fixed by section 105, sub-section (2), post, 
 but the returning officer will fix the hour and the place of meeting. 
 
 As to the convening of the first meeting, see section 107, sub-section (6), 
 post, 
 
 As to London, see sub-section (8), post. 
 
 SUB-5. 3, 
 
 —_— 
 
168 
 
 Local Government (Hngland &: Wales) Act, 1888. 
 
 eee (6) The costs properly incurred by the returning officer in 
 
 reference to the first election, and in reference to such first 
 meeting of the provisional council, shall be defrayed as expenses 
 of the county council, and may be taxed on an application 
 made by or by direction of the provisional council. 
 
 As to the expenses of the county council, see section 68, ante, p. 113. 
 
 As to the provisional council, see section 105, 
 
 As to taxation of the returning officer’s expenses, see the notes to section 75, 
 sub-sections (18) and (19). 
 
 (7) In the administrative county of London, the returning 
 officer for the first election shall be such fit person as the Local 
 Government Board may appoint, and such returning officer 
 shall, for the purposes of such election, have the powers and 
 duties of the sheriff, and any sheriff, under-sheriff, officer of 
 the London School Board, or other public officer having autho- 
 rity in the metropolis, and being in possession of any ballot 
 boxes or other fittings or arrangements for an election, shall 
 permit such returning officer to use the same for the purposes 
 of such first election. 
 
 As to the administrative county of London, see section 40, ante, p. 74. 
 
 Apparently the use of the ballot boxes, &c., is to be free of charge; but 
 probably the returning officer would be liable to make good any damage or 
 injury. Having regard to the provisions of 38 & 39 Vict. c. 84, s. 6, ante, 
 p. 133, it will be the duty of the returning officer to avail himself as far as 
 practicable of the provisions in the text. 
 
 (8) Such returning officer shall make up the county register 
 and division registers of the county electors for the purposes of 
 the first election, and shall make them up out of the lists of 
 voters made out in the year one thousand eight hundred and 
 eighty-eight for the City of London, and for such portions of 
 the counties of Middlesex, Surrey, and Kent, as are comprised 
 in the metropolis, and shall make the necessary alteration in 
 the forms of those lists, and the secondary of the City of 
 London and the town clerks within the meaning of the Regis- 
 tration Acts for the parliamentary boroughs in the adminis- 
 trative county of London, and the clerks of the peace of 
 Middlesex, Surrey, and Kent shall deliver to the said returning 
 officer such number of copies of the revised lists of electors as 
 he may require. The returning officer for the administrative 
 county of London shall send the names of the persons elected 
 to the clerk of the Metropolitan Board of Works. 
 
 The returning officer here referred to is the returning officer for the 
 administrative county of London. 
 
51 & 52 Vict. c. 41. 169 
 
 (9) The court of quarter sessions in any county, and the Rect. ‘10% 
 Metropolitan Board of Works in the Metropolis, shall advance Sadie 
 to the returning officer such sum as is authorised by this Act 
 to be advanced by county councils to returning officers for the 
 
 purposes of an election. 
 
 As to these advances, see section 75, sub-section (20), ante, p. 135. 
 
 (10) The sheriff having authority in any administrative 
 county, or the largest part thereof, shall for the purposes of 
 this Act be deemed to be the sheriff of that county. 
 
 As to an administrative county, see section 100, ante, p. 161. 
 
 104. (1) The county councillors of a county council elected ees : 
 at the first election shall retire from office on the ordinary day frstcounty 
 of election in the third year after the passing of this Act, and councillors 
 their places shall be filled by election. 
 
 The ordinary day of election in the third year after the passing of this Act 
 
 will be the 1st November, 1891. See section 2, sub-section (2), ante, p. 2, and 
 section 52 of the Municipal Corporations Act, 1882, post, 
 
 (2) Of the first county aldermen one-half shall retire on the 
 ordinary day of election of county aldermen in the third year 
 next after the passing of this Act, and the one-half who are so 
 to retire shall be determined by ballot by the provisional 
 councillors at the time of the election of the county aldermen : 
 Provided that where the total number of aldermen is not 
 divisible by two the larger half shall first retire. 
 
 The county aldermen will be in number one-third of the number of coun- 
 cillors (see section 14, sub-section (2), of the Municipal Corporations <Act, 
 1882, post), except in London, where the number will be one-sixth. (See 
 section 40, sub-section (5), ante, p. 75.) The first election of aldermen will 
 take place at the first meeting of the provisional council. See section 105, 
 sub-section (3), post. 
 
 The one-half who are first to retire will be determined by ballot, and they 
 will retire on the 7th November, 1891. (Seesection 75, sub-section (13), ante, 
 
 p. 128, and the Municipal Corporations Act, 1882, section 60, sub-section (1), 
 post.) 
 
 (3) The remaining half of the county aldermen shall retire 
 on the ordinary day of election of county aldermen in the sixth 
 year next after the passing of this Act. 
 
 This will be on the 7th November, 1894. See the note to the preceding 
 sub-section. 
 
 (4) In this section the word ‘‘year” shall be construed to 
 mean calendar year. 
 
170 Local Government (England ¢& Wales) Act, 1888. 
 
 Sect.105. 105, (1) The members of a county council first elected under 
 SuB-S.1. this Act shall not enter on their ordinary duties or become 
 F eons the county council until the first day of April next after their 
 oye election, or such other day as on the application of the pro- 
 
 councillors visional council the Local Government Board may appoint. 
 aS pro- 
 
 visional This date will be the Ist April, 1889, unless the Local Government Board 
 council. otherwise appoint. 
 
 (2) Such members shall, on the second Thursday next after 
 the day fixed for the first election, and thenceforward from 
 time to time until the day above mentioned in this section, 
 meet and act as a provisional council for arranging to bring 
 this Act into operation. 
 
 The hour and place of the first meeting is to be fixed by the returning 
 officer. See section 103, sub-section (5), ante, p. 167. 
 
 As to the first proceedings of the provisional council, see the next section. 
 
 (3) The provisional councillors shall at their first meeting 
 elect one of their number to be chairman of that meeting and 
 of the second meeting, and shall then at that meeting, or some 
 adjournment thereof, proceed to elect the county aldermen in 
 like manner as if they were a fully constituted county council, 
 and such county aldermen shall be summoned to attend at the 
 second meeting of the provisional council, and shall form part 
 of the provisional council both for the election of chairman and 
 all other purposes. 
 
 The first business will be the election of the chairman of the meeting. The 
 next will be the election of aldermen, which will in this case precede that of 
 the chairman, though in subsequent years the first business at the quarterly 
 meeting held on the 7th November will be the election of chairman (see 
 the Municipal Corporations Act, 1882, section 61, sub-section (2), post). The 
 
 aldermen will form part of the council at the second meeting and may take 
 part in the election of chairman. 
 
 With regard to the election of chairman of this meeting, if an equal number 
 of votes is given for two or more persons, the meeting is to determine by lot 
 who is to be chairman, and the chairman is to have a casting vote. (See 
 section 107, sub-section (4), post.) 
 
 (4) The provisional council shall, at their second meeting, or 
 some adjournment thereof, proceed to elect as their chairman 
 a person qualified to be chairman of the county council, and 
 may from time to time fill any vacancy in the office of such 
 chairman, and the person elected chairman shall be chairman 
 of the provisional council, and also on and after the appointed 
 day of the county council, and the term of office of such 
 
 ~~ 
 
51 ¢ 52 Vict. c. 41. 171 
 
 chairman shall end on the next ordinary day of election of Sect.105. 
 chairman. SuB-S. 4. 
 
 No day is fixed for the second meeting, but the aldermen have to be sum- 
 moned, and it is presumed that the meeting must be convened by notice and 
 summons in the usual way. See section 106, sub-section (2), post. 
 
 The first business will be the election of chairman of the council. The 
 chairman of the first meeting will take the chair for the purpose and will have 
 a casting vote. (See the note to the last sub-section.) The vice-chairman (see 
 section 2, sub-section (6), ante, p. 4), and in London the deputy-chairman 
 (see section 88, ante, p. 155), will then be elected. (See the next sub-section.) 
 
 The chairman of the council, and the vice-chairman and deputy-chairman, 
 will hold office until the 7th November, 1889. See section 2, sub-sections (5), 
 (6) ; section 75, sub-section (13) ; and section 88, of this Act ; and section 61 
 of the Municipal Corporations Act, 1882, post. 
 
 (5) This enactment shall extend to the vice-chairman and 
 
 deputy chairman. 
 
 See the note to the preceding sub-section. 
 
 106. (1) The provisional council after disposing of the pre- F et pro- : 
 liminary business shall proceed to provide for bringing the Eroviniota 
 various provisions of this Act into full operation on the council. 
 appointed day or days, and to make the necessary arrange- 
 ments with the quarter sessions, and with reference to the 
 distribution of duties among the different officers, and to 
 provide for all matters which appear necessary or proper for 
 enabling the county council as constituted under this Act to 
 execute their duties, and for giving full effect to this Act. 
 
 As to the appointed day, see section 109, post. 
 As to arrangements with the quarter sessions, see sub-section (7), post. 
 
 (2) The provisions of this Act, and the enactments applied 
 by this Act with respect to the proceedings of the county 
 council, shall apply to the proceedings of the provisional 
 council, and any act of the provisional council may be signified 
 under the hand of the chairman and any two members of the 
 council present at the meeting, and countersigned by the officer 
 acting as their clerk. 
 
 As to the proceedings of the county council, see section 79, ante, p. 141, and 
 schedule 2 of the Municipal Corporations Act, 1882, post. 
 
 (3) The provisional council of a county shall be entitled to 
 use the buildings belonging to the quarter sessions of that 
 county, so that they do not interfere with the holding of any 
 court, and the clerk of the peace and his officers, and the officers 
 of the quarter sessions, shall act as the officers of such pro- 
 
172 Local Government (England & Wales) Act, 1888. 
 
 Sect. 106. visional council, and, further, the provisional council may from 
 SUB-S. 3. |. : , says : : : 
 
 — time to time hire such buildings and appoint such interim 
 
 officers as appear to them necessary for the performance of 
 
 their duties, and the costs incurred in the hiring of such 
 
 buildings and payment of such officers or otherwise in the per- 
 
 formance of their duties shall be defrayed as costs properly 
 
 incurred by the county council. 
 
 As to the payment of costs incurred by the county council, see section 68, 
 ante, p. 113. 
 
 (4) There shall be paid out of the county rate to the clerk of 
 the peace of the county, such reasonable remuneration as the 
 court of quarter sessions may award for extra services rendered 
 by him in bringing this Act into operation, and in acting as 
 clerk of the county council, until his salary for acting as such 
 clerk is fixed in manner provided by this Act. 
 
 The salary of existing clerks of the peace is to be not less than heretofore 
 (see section 118, post). The salary of the clerk of the peace as such clerk, 
 and as clerk of the council, will be fixed by the standing joint committee ; see 
 
 section 83, sub-section (5), ante, p.146. The text provides for interim 
 remuneration until this has been done. 
 
 (5) In the metropolis the foregoing provisions with respect 
 to the use of buildings and the action of officers shall apply as 
 if the Metropolitan Board of Works were the quarter sessions of 
 the county, and as if any quarter sessions for the counties of 
 Middlesex and Surrey were the quarter sessions of the county 
 of London, but the provisional council for the administrative 
 county of London shall make arrangements with the provisional 
 councils of Middlesex and Surrey as respects the use of 
 buildings and the employment of the clerk of the peace and his 
 officers and the officers of the quarter sessions. 
 
 The London County Council will supersede the Metropolitan Board of 
 Works. See section 40, sub-section (8), ante, p. 76. 
 
 (6) The provisional council shall have the same power of 
 levying contributions for the purpose of their costs and for the 
 future costs of the county council as they would have if they 
 were constituted a county council under this Act. 
 
 As to the levying of contributions, see section 68, ante, p. 113. 
 
 (7) The quarter sessions of every county and liberty, and in 
 the metropolis the Metropolitan Board of Works, shall, by the 
 appointment of committees, or the holding of sessions and 
 
—- ° 
 
 51 & 52 Viet. c. 41. 173 
 
 meetings, and otherwise, make such provisions as are necessary Sect. 106. 
 or proper for making arrangements with the provisional council Bega 
 for carrying this Act into effect; and the quarter sessions may, 
 
 after the appointed day, meet in like manner as if this Act had 
 
 not passed, for the purpose of receiving reports from the com- 
 
 mittees and county officers for the period subsequent to the 
 
 last quarter sessions and prior to the appointed day, and for 
 
 making the ordinary quarterly payments, the usual sessional 
 
 orders, and otherwise concluding and winding up the business 
 
 of the county. 
 
 General Provision as to First Elections: 
 
 107, (1) If at the first election a person is elected a county Casual 
 
 _ councillor for more than one electoral division of a county, his Tae 
 choice as to the division for which he will serve shall be made elections. 
 by writing addressed to the returning officer, and if not so 
 
 made, the returning officer shall, on or before the day for the 
 
 first meeting of the provisional council, determine the division 
 
 for which such person shall sit. 
 
 No time is limited by the text for the councillor making his choice, and it is 
 not quite clear whether section 68 of the Municipal Corporations Act, 1882, 
 applies to the first election. It will, however, be prudent to give notice within 
 three days as required by that section. 
 
 (2) Any casual vacancy arising at the first election from a 
 person being elected for more than one electoral division, or 
 being elected a county alderman, or from a failure of election 
 or otherwise, may be filled in like manner as a casual vacancy 
 in the county council may be filled, and the sheriff or other 
 officer authorised to act as returning officer at the first election 
 shall be the returning officer at any election held to fill a 
 casual vacancy before the appointed day. 
 
 As to the manner in which casual vacancies are to be filled, see the Municipal 
 Corporations Act, 1882, section 40. The day of election will be fixed by the 
 returning officer. See section 66 of the same Act. 
 
 As to the returning officer, see section 103 (2) (7), ante, p. 166. 
 
 As to the appointed day, see section 109, post. 
 
 (3) Such number of members as have been elected for a 
 county council at the first election shall, subject to any order 
 of the Local Government Board to the contrary, under this 
 Act proceed to act as a provisional council under this Act, not- 
 withstanding any vacancy or vacancies arising from failure of 
 election or otherwise. 
 
 As to the powers of the Local Government Board, see section 108, post. 
 
174 
 
 Sect. 107. 
 SuB-S. 4, 
 
 Power of 
 Local 
 Govern- 
 ment 
 Board to 
 remedy 
 defects. 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 (4) In case of equality of votes at the first or second meeting 
 of a provisional county council, the chairman of the meeting 
 shall have a second or casting vote, and where on the selection 
 of the chairman of the meeting an equal number of votes is 
 given to two or more persons, the meeting shall determine by 
 lot which of those persons shall be the chairman. 
 
 The application of this sub-section has already been stated. See the notes to 
 section 105 (8) (4), ante. 
 
 (5) The first meeting of the county council shall be held on 
 the day appointed for the council coming into office, and shall 
 be convened by the chairman of the provisional county council. 
 
 The council come into office on the 1st of April, 1889. See section 105 (1); 
 
 ante, 
 As to the convening of the meeting, see the Municipal Corporations Act, 
 
 1882, schedule 2, post. 
 
 (6) Such first meeting, and also the first meeting of the 
 provisional county council, shall be convened in like manner as 
 meetings of the county council are required by this Act, and 
 the enactments applied by this Act, to be convened and as if. 
 the person convening the same were the chairman. 
 
 See the note to the preceding sub-section. 
 See also section 103 (5), ante, as to the first meeting of the provisional 
 
 council, 
 
 108, (1) If from any cause there is no returning officer able 
 to act in any county at the first election of a county council, or 
 no register of electors properly made up, or no proper election 
 takes place, or an election of an insufficient number of persons 
 takes place, or any difficulty arises as respects the holding of 
 the first election of county councillors, or as to the first 
 meeting of a provisional council, the Local Government Board 
 may by order appoint a returning officer or other officer, and 
 do any matter or thing which appears to them necessary for 
 the proper holding of the first election, and for the proper 
 holding of the first meeting of the provisional council, and may, 
 if it appears to them necessary, direct a new election to be 
 held, and fix the dates requisite for such new election; any 
 such order may modify the provisions of this Act and the 
 enactments applied by this Act so far as may appear to the 
 Board necessary for the proper holding of the first election and 
 first meeting of the provisional council. 
 
 This sub-section gives very extensive powers to the Local Government 
 Board for the purpose of securing due elections. The Board may order a 
 provisional council to refrain from acting as such under section 107 (3), ante. 
 
. 
 
 (2) The Local Government Board in the case of the first Sect.108. 
 election may also authorise an electoral division to return two UPR 
 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 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. 
 
 51 € 52 Viet. c. 41. 178 
 
 It will be remembered that by section 2 (2) of this Act, ante, p. 2, one 
 councillor only is to be returned for an electoral division. See also section 51, 
 ante, p. 92, as to the constitution of electoral divisions. 
 
 (3) The Local Government Board, on the application of a 
 county council or provisional council, may, within six months 
 after the day fixed for the first election of the councillors of 
 such council, from time to time, make such orders as appear 
 ‘to them necessary for bringing this Act into full operation as 
 
 “respects the council so applying, and such orders may modify 
 any enactment in this or any other Act, whether general or 
 local and personal, so far as may appear to the Board necessary 
 for the said purpose. 
 
 The date of the first election is a day between the 14th and the 31st January, 
 
 1889, fixed by the returning officer. See section 103 (1), ante, p. 166, 
 The power to modify enactments in general Acts is very unusual, 
 
 (4) The Local Government Board may also, if satisfied that 
 an election cannot properly be held for any county council by 
 reason of the electoral divisions not having been duly made, 
 cause such steps to be taken as they consider necessary for 
 constituting such electoral divisions and making up the registers 
 of electors. 
 
 See section 51, ante, p. 92. 
 
 Appointed Day. Appointed 
 
 109. (1) Subject as in this Act mentioned, the appointed pei 
 day for the purposes of this Act shall in each county be the 
 first day of April next after the passing thereof, or such other 
 day, earlier or later, as the Local Government Board (but after 
 
 _ the election of county councillors for such county on the 
 application of the provisional council or county council) may 
 appoint, either generally or with reference to any particular 
 provision of this Act, and different days may be appointed for 
 different purposes and different provisions of this Act, whether 
 
176 
 
 Sect. 109. 
 
 SuUB-S. 1. 
 
 Current 
 rates, jury 
 lists, &c. 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 contained in the same section or in different sections, or for 
 different counties. 
 
 After the election of councillors the Local Government Board can only vary 
 the appointed day on the application of the council. 
 
 (2) Any enactment of this Act authorising anything to be 
 done by the Commissioners of Inland Revenue or the Local 
 Government Board, or relating to the registration of electors, 
 or to the elections, or to any matter required to be done for 
 the purpose of bringing this Act into operation on the appointed 
 day, shall come into effect on the passing of this Act; but save 
 as aforesaid, and save so far as there may be anything in the 
 context inconsistent therewith, any enactment of this Act shall 
 come into operation on the appointed day. 
 
 This enactment provides in effect that the Act shall not come generally into 
 operation until the appointed day. 
 
 Transitional Proceedings. 
 
 110. (1) Every rate and precept for contributions made 
 before the appointed day may be levied and collected, and 
 proceedings for the enforcement thereof taken in like manner 
 as nearly as may be as if this Act had not passed. 
 
 (2) The accounts of all receipts and expenditure before the 
 appointed day shall be audited, and disallowances, surcharges, 
 and penalties recovered and enforced, and other consequential 
 proceedings had in like manner as nearly as may be as if this 
 Act had not passed, and every officer whose duty it is to make 
 up any accounts, or to account for any portion of the receipts 
 or expenditure in any account, shall, until the audit is completed, 
 be deemed for the purpose of such audit to continue in office 
 and be bound to perform the same duties and render the same 
 accounts, and be subject to the same liabilities, as before the 
 appointed day. 
 
 (3) In the counties of Middlesex, Kent, and Surrey, the lists 
 of jurors in force on the appointed day shall continue in force 
 until the lists which are next made come into force, and all 
 jurors summoned before the appointed day shall attend that 
 day as if summoned in accordance with this Act. 
 
 The lists which are next made come into force on the Ist January. See 
 6 Geo. 4, c. 50, s, 12. 
 
 (4) All proceedings, legal and other, commenced before the 
 appointed day, may be carried on in like manner, as nearly as 
 may be, as if this Act had not passed, and may be so carried on 
 
51. é 52 Vict. c. 41. 
 
 by the county council in substitution for the authorities by & 
 whom such proceedings were commenced. Every legal pro- ° 
 ceeding commenced before the appointed day may be amended 
 in such manner as may appear necessary or proper in order to 
 bring the same into conformity with the provisions of this Act. 
 
 (5) Every militiaman enlisted before the appointed day shall 
 continue liable to serve in the same corps asif this Act had not 
 passed. 
 
 111. (1) Any committee for providing an asylum for pauper 
 lunatics, or any committee of visitors of an asylum for pauper 
 lunatics holding office on the day fixed for the first election of 
 county councillors under this Act, shall continue to hold office 
 until the expiration of one week after the county council have 
 elected a committee for the like purposes and no longer. 
 
 Committees for providing asylums are appointed under 16 & 17 Vict. c. 97. 
 Committees of visitors are appointed at the Epiphany sessions in each year ; 
 16 & 17 Vict. c. 97. s. 22. The committees elected for next year will hold office 
 until the time stated in the text, when they will be superseded by the committees 
 appointed by the county councils. 
 
 (2) Any committee elected by the county council shall come 
 into office at the expiration of the said week, and shall be 
 
 deemed to be a continuance of the old committee of visitors 
 
 elected by the quarter sessions. 
 
 (3) All visitors of an asylum appointed on behalf of a borough, 
 or subscribers who are visitors at the date of the first election 
 of the county council under this Act, shall continue to be such 
 visitors until the annual election of visitors which happens 
 next after such election. 
 
 The annual election by subscribers here referred to takes place in the month 
 of January. The election by borough justices takes place at a special meeting 
 held within twenty days after the 20th December in each year. See 16 & 17 
 Wact.¢. 97, 8. 22. 
 
 (4) Anything done in pursuance of the enactments relating 
 to pauper lunatics by the quarter sessions or any committee 
 
 thereof before the appointment of any committee by the county 
 
 council shall have effect as if it had been done-by the county 
 
 council or by a committee elected by the county council. 
 
 (5) Where there is a joint committee of visitors for two or 
 more counties or boroughs, this section shall apply to each 
 portion of the committee appointed by the justices of any such 
 county, or by the justices or council of any such borough, in 
 like manner as if it were a separate committee. 
 
 N 
 
 177 
 pace Het: 
 
 — 
 
 Transitory 
 provisions 
 as to 
 lunatic 
 asylums, 
 
178 Local Government (England é Wales) Act, 1888. 
 
 Sect. LEA. 112, (1) Every executive committee appointed by the 
 
 ae, ' quarter sessions under the Contagious Diseases (Animals) Acts, 
 Transitory and holding office on the appointed day, shall continue to hold 
 provisions ‘ ° ° * 
 as to Con- Office until the expiration of one week after the county council 
 
 BION shall have appointed a committee for the like purpose, and no 
 1se€ases 
 
 (Animals) longer. 
 
 Acts. These Acts are at present administered through executive committees and 
 sub-committees. The county council has power under section 28, sub- 
 section (2), to delegate their powers under these Acts to committees or to 
 justices in petty sessions. See the notes to that section as to committees 
 under these Acts. 
 
 (2) An executive committee appointed by the county council 
 shall come into office at the expiration of the said week, and 
 shall be deemed to be a continuance of the outgoing executive 
 committee. 
 
 (3) Every sub-committee of an executive committee under 
 the said Acts holding office on the appointed day shall continue 
 in office until a sub-committee for the like purposes shall be 
 appointed by the county council, or by the executive committee 
 appointed by the county council. 
 
 (4) Every committee and sub-committee continued in office 
 by virtue of this section shall, during such continuance, have 
 all such powers as it would have had if this Act had not been 
 passed. 
 
 Transitory Provisions as to Metropolis. 
 
 Transitory 113, (1) The first sheriffs appointed by Her Majesty for the 
 
 MEA county of Middlesex and for the county of London may be 
 
 sheriffs of nominated and appointed at the same time as the sheriff of 
 
 ee any other county in England, and each of such sheriffs when 
 
 Middlesex. appointed may make the declaration, and shall enter upon 
 office, in like manner and at the like time as any other sheriff. 
 
 As to the appointment of the sheriff for Middlesex, see section 46, sub- 
 section (6), ante, p. 87. 
 
 As to the appointment of the sheriff for London, see section 40, sub- 
 section (2), ante, p. 74. 
 
 As to the sheriffs of the city of London, see section 41, sub-section (8), 
 ante, p. 79. 
 
 Sheriffs are nominated on the 12th November in each year. See 50 & 51 
 Vict. c. 55, s. 6. 
 
 (2) Upon the first sheriff of Middlesex so entering into office, 
 the sheriffs of London shall cease to have jurisdiction in the 
 county of Middlesex. 
 
 See section 41, sub-section (8), ante, p. 79. 
 
51 dé 52 Vict. c. 41. 
 
 179 
 
 (3) Upon the first sheriff of the county of London so entering Sect. 113. 
 
 into office, the area which will become that county shall, for © 
 the purpose of the sheriff, be considered to be the county of 
 London, and the sheriffs of the city of London shall cease to 
 have any jurisdiction in the said area, and the sheriffs of 
 Surrey and Kent shall cease to have any jurisdiction within 
 the said area. 
 
 As to the sheriffs of the city of London, see section 41, sub-section (8), ante, 
 p. 79 
 
 (4) Provided that for the purpose of any sessions of the peace 
 held by the justices of the counties of Middlesex, Surrey, and 
 Kent, after the sheriff has so entered into office but prior to the 
 date at which the justices of the county of London will come 
 into office, the sheriffs of Middlesex, Surrey, and Kent shall 
 continue to act and have jurisdiction as such. sheriffs through- 
 out those portions of the metropolis which originally formed 
 part of those counties. 
 
 As to the date at which the justices of the county of London will come into 
 office, see section 115, post. 
 
 (5) Lists of prisoners, writs, process, and particulars, and 
 all records, jury lists, books, and matters appertaining to the 
 county of Middlesex, and to such part of the counties of Surrey 
 and Kent as are included in the metropolis, shall be delivered, 
 turned over, transferred, and signed in like manner in all 
 respects, so nearly as circumstances admit, as is required to be 
 done upon a new sheriff coming into office, in like manner as if 
 the sheriff of Middlesex appointed by Her Majesty were, as 
 respects such part of the county as will, after the appointed 
 day, be the county of Middlesex, the new sheriff in succession 
 to the sheriffs of London, and as if the sheriff of the county of 
 London appointed by Her Majesty were, as respects the area 
 of the metropolis exclusive of the city, the successor to the 
 sheriffs of London, Surrey, and Kent. 
 
 As to the duty of an outgoing sheriff to hand to his successors lists of 
 prisoners, &c., see 3 & 4 Will. 4, c. 99. 
 
 (6) If any question arises as to the delivery, turning over, 
 transfer, or signature under this section, or any other matter 
 relating to the change in the office of sheriff in the metropolis, 
 such question shall be referred to the Lord High Chancellor, 
 whose decision shall be final. 
 nN 2 
 
180 
 Sect. 114. 
 SuB-S. l. 
 
 As to 
 existing 
 coroners 
 for 
 Middlesex, 
 Surrey, 
 and Kent. 
 
 As to com- 
 mission of 
 the peace 
 for 
 London, 
 
 Local Governgnent (England é Wales) Act, 1888. 
 
 114, (1) The persons who, at the passing of this Act, are 
 coroners for any districts which become wholly or partly, by 
 virtue of this Act, part of the county of London, shall continue 
 to act for such districts until otherwise directed as hereinafter 
 mentioned, and while so continuing to act shall, as respects 
 such part of their district as is within the county of London, 
 be deemed to be coroners for the county of London, and the 
 amount payable in respect of the salaries, fees, and expenses of 
 any such coroner, where the district is partly within and partly 
 without the county of London, shall be apportioned between 
 the counties in which such district is situate. 
 
 But for this provision, which was inserted at a late stage of the Bill, the 
 present coroners for the metropolitan area would, having regard to section 40, 
 
 sub-section (2), ante, p. 74, have ceased to have any jurisdiction in the county 
 of London. 
 
 As to the salaries, fees, and expenses of the coroner, see section 3 (x.), ante, 
 p. 9. 
 
 (2) In the case of any coroneyr’s district being situate partly 
 within and partly without the county of London, the county 
 councils of the counties in which such district is situate shall 
 arrange for the alteration in manner provided by law of the 
 district, so that on the next avoidance of the office of coroner, 
 or any earlier date fixed when the alteration is made, the 
 coroner's districts shall not be situate in more than one county. 
 
 If the alteration is effected before a vacancy occurs, or so as to prejudice any 
 existing coroner, he will be entitled to compensation under the next sub- 
 section. 
 
 (3) For the purposes of this Act respecting compensation, 
 the coroners shall be deemed to be officers of the quarter 
 sessions of the county for which they are coroners. 
 
 The provisions of this Act as to compensation are contained in section 120, 
 post. 
 
 115. (1) A commission of the peace for the county of London 
 may be issued at any time after the passing of this Act, which 
 shall be provisional until the appointed day, and the justices 
 acting under such commission shall, until the appointed day, 
 act provisionally for the purpose of bringing this Act into 
 operation, and may from time to time be convened and meet 
 and conduct their proceedings in like manner in all respects as 
 if they were the justices of a county, and they shall proceed to 
 make such arrangements as appear necessary or proper for 
 
51 & 52 Vict. c. 41. 181 
 
 bringing this Act into operation, and may for that purpose Sect. 115. 
 : ‘ ; ; ripe SUB-S. 1. 
 appoint any committee or committees, either alone or jointly ~ — 
 with any quarter sessions or provisional council. 
 
 As to the appointed day, see section 109, ante, p. 175. 
 
 As to existing justices in the metropolis, see section 117, post. 
 
 As to the appointment of joint committees, see section 81, ante, p. 143. 
 
 (2) Nothing in this section shall confer on such justices any 
 power to act as justices or as quarter sessions, nor any judicial 
 jurisdiction, nor constitute any part of the metropolis a county 
 for the purposes of justices and quarter sessions until the 
 appointed day. 
 
 As to the appointed day, see section 109, ante, p. 175. 
 
 (3) Any sessions of the peace held after the appointed day 
 may be convened by the said justices acting provisionally 
 before the said day, and the first sessions of the peace held 
 after the appointed day shall be deemed to be legally held, 
 although no justice there present has taken the oaths required 
 by law to be taken by justices of the peace, and any justice 
 may nevertheless take the oaths at such sessions. 
 
 The oaths required by law to be taken by justices of the peace besides the 
 oath of qualification are the oaths of allegiance and the judicial oath. See 
 31 & 32 Vict. c. 72; 34 &35 Vict. c. 48. 
 
 (4) The clerk of the peace for Middlesex holding office at 
 the passing of this Act shall act as the clerk to the said justices 
 for the county of London when acting provisionally in pur- 
 suance of this Act. 
 
 The clerk of the peace for Middlesex will also be the clerk of the peace for 
 the county of London. See section 118 (8), post. 
 
 (5) The fees payable to the clerk of the peace and clerks of 
 the justices, and other officers and authorities in Middlesex, at 
 the passing of this Act, shall be the first fees which may be 
 taken in the county of London by the clerk of the peace, the 
 clerks to the justices, and other officers and authorities in the 
 county of London, and may continue to be taken until they are 
 abolished or altered in manner provided by law with respect to 
 the abolition and alteration of such fees. 
 
 As to the alteration of these fees, see section 83 (5), ante, p. 146, and section 
 84 (2), ante, p. 149. 
 
 116. Until a scheme respecting the holding of courts of As to 
 
 quarter sessions in the county of London comes into force, the pate for 
 q i OldiIng 
 following regulations shall be observed :— quarter 
 The scheme here referred to is that which is to be prepared under section 42 S¢*slons. 
 (7), ante, p. 80. 
 
182 
 Sect. 116. 
 
 Local Government (England & Wales) Act, 1888. 
 
 (a) Courts of quarter sessions for the trial of persons charged 
 
 with offences shall be held at Clerkenwell and New- 
 ington, and courts of quarter sessions for appeals and 
 other business shall be held at the places in London 
 at which sessions are usually held at present, or at 
 such of the said places as the county council may 
 from time to time appoint; and courts of quarter 
 sessions for the said purposes shall be respectively 
 held at the same times, as nearly as may be, at each 
 such place as heretofore ; ; 
 
 (b) Cases triable at quarter sessions for the county of London 
 
 shall (save as otherwise directed by the court of 
 quarter sessions) be heard and determined, if they 
 arose on the north side of the River Thames, at 
 Clerkenwell, and if they arose on the south side of 
 the River Thames, at Newington; and persons shall 
 be committed for trial, and bail and recognizances 
 shall be taken, and depositions, recognizances, docu- 
 ments, and things transmitted in such manner as 
 appears necessary for carrying into effect this section, 
 but a committal for trial or recognizance shall not be 
 invalidated, nor shall the powers of the quarter 
 sessions be affected by any disregard of this enact- 
 ment, and every court of quarter sessions held in and 
 for the county of London at whatever place such 
 court is held shall have complete power to hear and 
 determine any case arising in the county of London, 
 notwithstanding an objection that the case ought to 
 be heard and determined at the sessions held at 
 another place in the county of London. 
 
 Cases arising on the south side of the Thames will be heard at Newington, 
 though they may have arisen within that part of the county of London which 
 was in the county of Kent. 
 
 (c) Every sessions shall, as the circumstances require, be 
 
 deemed to be quarter or general sessions, and if held - 
 at different places to be original sessions or adjourned 
 sessions, and if held simultaneously at two or more 
 places to be divided courts of the same sessions ; 
 
 (d) Every matter, civil or criminal, arising before the ap- 
 
 pointed day which would have been heard, tried, 
 determined, or otherwise dealt with by any court of » 
 quarter sessions or assessment sessions, or any justices 
 or otherwise, may be heard, tried, determined, and — 
 
51 & 52 Vict. c. 41. 
 
 dealt with in like manner as if this Act had come into Sect. 116, 
 
 operation before the said matter arose, and recogni- 
 zances existing at the appointed day shall have effect 
 and be enforced in like manner, so nearly as circum- 
 stances admit, as they would have been if this Act 
 had not passed; and where any trial, motion, or other 
 matter has been adjourned from any previous court of 
 quarter sessions, assessment sessions, special sessions, 
 or petty sessions, and would if this Act had pre- 
 viously come into operation have been heard, deter- 
 mined, or otherwise dealt with at sessions held under 
 this Act, the same shall be heard and determined and 
 otherwise dealt with at the sessions held under this 
 Act in like manner as if the same were held by the 
 same justices by whom the same would have been 
 held if this Act had not passed. 
 
 183 
 
 117. (1) Nothing in this Act shall prevent a person who is As to 
 
 an existing justice of the peace for any of the counties of 
 
 existing 
 justices 
 
 Middlesex, Surrey, or Kent from continuing to be a justice of in metro- 
 
 person who at the appointed day is a justice of the peace 
 for the liberty and city of Westminster, the liberty of the 
 Tower of London, or any liberty which by virtue of this Act 
 becomes part of the county of London, shall, if and so long as 
 he is resident or occupies property in the county of London, be 
 a justice of the peace for that county in like manner as if he 
 were assigned by a commission of the peace, but a person 
 shall not after the passing of this Act be named in any com- 
 mission as a justice of the peace for any liberty which by 
 virtue of this Act becomes part of the county of London. 
 
 An existing justice for Middlesex will continue to be such justice, and as 
 long as he is resident or occupies property in the county of London, he will 
 also be a justice for that county: so also as to justices of Surrey and Kent. 
 
 Justices are not hereafter to be appointed for liberties in London. 
 As to the merger of liberties in the county, see section 48, ante, p. 88. 
 
 (2) Provided always, that the provisions of this section shall 
 not apply to any justice of the peace of the counties of Surrey, 
 
 _ Kent, or Middlesex, or either of them, so long as he shall hold 
 
 ee 
 
 any office connected with any court of quarter sessions of the 
 county of London. 
 
 (3) The persons who at the passing of this Act are members 
 of a visiting committee of any prison situate in the county of 
 London shall continue to form such visiting committee until a 
 
 the peace for that county, and every such person and also every polis. 
 
184 
 
 Local Government (England & Wales) Act, 1888. 
 
 Sect. 117. new visiting committee has been appointed in accordance with 
 
 SuB-S, 3 
 
 Cell 
 
 Existing 
 clerks of 
 the peace 
 
 a rule of te Secretary of State. 
 
 The Prison Act, 1877, 39 & 40 Vict. c. 21, s. 13, provides that a visiting 
 committee shall be annually appointed for every prison under that Act, con- 
 sisting of such number of persons, being justices of the peace, to be appointed 
 at such time and by such court of quarter sessions, or such bench or benches of 
 magistrates, as the Secretary of State, having regard to the locality of the 
 prison, to the justices theretofore having jurisdiction over such prison, and to 
 the class of prisoners to be confined in such prison, may from time to time by 
 any general or special rule prescribe. 
 
 (4) Where a person is a justice of the peace in and for the 
 county of London by reason .of his being personally declared 
 by this Act to be a justice of the peace in and for the county 
 of London, the Lord High Chancellor shall have the same 
 power of removing such person from being a justice of the 
 peace as if he were named in a commission of the peace. 
 
 A justice is personally declared by this Act to be a justice of the county of 
 London by section 95 (1), ante, p. 159, and by sub-section (1) of this section. 
 
 Any justice may be discharged from the commission by writ under the Great 
 Seal ; 3 Burn’s Justice, 123. 
 
 (5) The existing assistant judge of the court of the sessions 
 of the peace for the county of Middlesex shall cease to be 
 chairman of that court, and shall be the first chairman of the 
 court of quarter sessions of the county of London, and while he 
 holds his office he shall receive such salary, not less than what 
 he has hitherto received, as Her Majesty, on the petition of the 
 county council, may assign, and the enactments respecting the 
 appointment and payment of a deputy assistant judge or of a 
 person to preside at a second court at any sessions in the 
 county of Middlesex shall apply to the county of London, and 
 upon the said assistant judge ceasing to hold office shall be 
 repealed. 
 
 The justices of the county of Middlesex will have a new chairman. 
 
 The enactments hereby repealed as to the appointment and payment of a 
 deputy assistant judge, &c., in Middlesex are the 22 & 23 Vict. c. 4,8. 3; 
 
 37 & 38 Vict. c. 7, 88. 2—4, As to future appointments of chairman and 
 deputy chairmen of quarter sessions in London, see section 42, ante, p. 79. 
 
 (6) Nothing in this Act shall affect existing deputy lieu- 
 tenants appointed by the Constable of the Tower of London as 
 Lord Lieutenant of the Tower Hamlets. 
 
 Hxisting Officers. 
 118. (1) A person holding office at the appointed day as 
 clerk of the peace of a county, besides continuing to be such 
 
51 ¢ 52 Vict. c. 41. 185 
 
 clerk of the peace shall, subject to the provisions respecting Sect. 118. 
 certain counties in this Act mentioned, become the clerk of the mies - 
 county council, and if appointed before the passing of this Act and other 
 shall, notwithstanding anything in this Act, hold his office by ere 
 the same tenure and have the same power of appointing and 
 
 acting by a deputy as heretofore in his capacity of clerk of the 
 
 peace. 
 
 The clerk of the peace will become the clerk of the council, except in the 
 cases specially mentioned in this section. 
 
 In future the clerk of the peace and the deputy clerk will be appointed 
 under section 83 by the standing joint committee. Hitherto the clerk of the 
 peace has appointed his own deputy. See 37 Hen. 8,c.1; 1 Wm. & M.c. 21, 
 8. 4. 
 
 (2) A person holding office at the passing of this Act as clerk 
 of the peace, clerk of the general assessment sessions, or 
 salaried clerk of a petty sessional division, shall be deemed to 
 be an existing officer within the meaning of the provisions of 
 _ this Act relating to compensation to existing officers who suffer 
 pecuniary loss. 
 
 The provisions as to compensation are contained in section 120, post. 
 
 It will be remembered that the quarter sessions for the county of London 
 will supersede the general assessment sessions ; see section 42 (10), ante, p. 81. 
 
 As to petty sessional divisions and clerks, see section 84, ante, p. 149; in 
 London, section 42 (8), ante, p. 80, and sub-section (11), énfra. 
 
 (3) The person who at the appointed day is clerk of the peace 
 for Sussex, if he held office at the passing of this Act, shall be 
 clerk of the peace for Hast. Sussex and clerk of the peace for 
 West Sussex, and clerk of the peace for the justices of Sussex 
 in general sessions assembled. 
 
 (4) Such person shall also be clerk of the county council for 
 Kast Sussex and clerk of the county council for West Sussex, 
 and shall, notwithstanding anything in this Act, hold his offices 
 by the same tenure, and have the same power of appointing 
 and acting by a deputy as heretofore in his capacity of clerk of 
 the peace. 
 
 (5) The person who, at the appointed day, is clerk of the 
 peace for Suffolk, if he held office at the passing of this Act, 
 shall be clerk of the peace for Hast Suffolk and clerk of the 
 peace for West Suffolk, and clerk of the peace for the justices 
 of Suffolk in general sessions assembled. 
 
 (6) Such person shall also be clerk of the county council for 
 East Suffolk and clerk of the county council for West Suffolk ; 
 and shall, notwithstanding anything in this Act, hold his offices 
 
186 
 
 Local Government (England &: Wales) Act, 1888. 
 
 Sect. 118, by the same tenure and have the same power of appointing and 
 
 SUB-S. 6. 
 
 acting by a deputy as heretofore. 
 
 As to future clerks of the peace in Sussex and Suffolk, see section 83, sub- 
 sections (7), (8), ante, p. 147, 
 
 ad 
 
 (7) This section shall apply to the persons holding office at 
 the appointed day as clerk of the peace and deputy clerks of 
 the peace for the county of Lancaster, in like manner as it 
 applies to clerks of the peace of other counties. 
 
 See section 83 (9), ante, p. 148. 
 
 (8) The person who, at the appointed day, is clerk of the 
 peace for Middlesex, if he held office at the passing of this Act, 
 shall continue to be that clerk, and, subject to the provisions 
 of this Act, shall also be the first clerk of the peace for the 
 county of London, and shall, notwithstanding anything in this 
 Act, hold the office of clerk of the peace for each of the said 
 counties by the same tenure and have the same power of 
 appointing and acting by a deputy as heretofore. 
 
 The clerk of the peace for Middlesex will be clerk of the council for that 
 county. He will also be clerk of the peace for the city of London (see, how- 
 
 ever, sub-section (10), éxfra), but he will not be clerk of the London County 
 Council ; see section 83 (11), ante, p. 148. 
 
 (9) The person who, at the appointed day, is the clerk of the 
 gaol sessions in Yorkshire or Lincolnshire shall, if he holds 
 office at the passing of this Act, continue to be that clerk, and 
 shall also be the first clerk of the joint committee for the county 
 councils of the three ridings or divisions of those counties, and 
 shall hold that office by the same tenure and have the same 
 power (if any) of acting by a deputy as heretofore. 
 
 As to the gaol sessions and the joint committee in Yorkshire and Lincoln- 
 shire, see section 46 (2), ante, p. 86. 
 
 (10) If the person who at the appointed day is clerk of the 
 
 peace for Surrey held office at the passing of this Act, then s 
 long as he holds that office,— | 
 (a) He shall, besides continuing to be that clerk, continue to 
 be clerk of the peace at any quarter sessions held for 
 the county of London at Newington, and be, for the 
 purpose of all business transacted at those quarter 
 sessions, deemed to be the clerk of the peace for the 
 county of London, and as such shall have the same 
 power of appointing and acting by a deputy as here- 
 
51 & 52 Vict. c. 41. 
 
 187 
 
 tofore in his capacity of clerk of the peace for Surrey ; Sect. 118. 
 
 and 
 
 (0) Such of the records of the county of Surrey as at the 
 passing of this Act are in his custody at Newington, 
 and, if this Act had not passed, would have remained 
 in that custody, shall, subject to any order of the 
 court of quarter sessions, continue to be kept in his 
 custody at Newington. 
 
 (11) The persons who at the appointed day are salaried clerks 
 for the petty sessional divisions, wholly or in part in the county 
 of London shall, if appointed before the passing of this Act, be 
 as to so much of such divisions as are in the county of London, 
 _ the first salaried clerks of the petty sessional divisions of the 
 county of London, and as to much of such divisions as are 
 not in the county of London, such persons shall also be the 
 first salaried clerks of the petty sessional divisions of the 
 counties in which such parts are situate. 
 
 Each portion of the existing division will be a separate petty sessional 
 division. See section 42 (8), (9), ante, p. 80. 
 
 (12) In the case of any of the following persons who, by 
 virtue of this Act, become clerk of the peace for the county of 
 London or salaried clerks of petty sessional divisions for the 
 county of London, or who, for the purpose of all business 
 transacted at the quarter sessions, held for the county of 
 London at Newington, is to be deemed to be the clerk of the 
 peace for the county of London, or who become clerk of the 
 peace for Hast Sussex and clerk of the peace for West Sussex, 
 or clerk of the peace for East Suffolk, and clerk of the peace 
 for West Suffolk, their services as such clerks after the 
 appointed day in the county of London, or in the adminis- 
 trative counties of Hast Sussex and West Sussex, or Hast 
 Suffolk and West Suffolk, respectively, shall be deemed to be a 
 continuous service with their services as clerks of the peace 
 and clerks of petty sessional divisions in the counties of Mid- 
 dlesex, Surrey, and Kent respectively, and clerk of the peace 
 for Sussex and Suffolk respectively. 
 
 This may be important in reckoning the duration of service for the purposes 
 of section 120, post. 
 
 (18) All persons who at the appointed day hold office as 
 county treasurer, county auditor, county solicitor, or county 
 surveyor, or are officers (whether inspectors of weights and 
 
 B-S.10¢ 
 
188 
 
 Sect. 118. 
 SUB-S. 13. 
 
 As to 
 officers 
 trans- 
 ferred to 
 county 
 councils 
 
 Local Government (England & Wales) Act, 1888. . 
 
 measures, public analysts, inspectors of petroleum or explo- 
 sives, or other) of the quarter sessions or justices of the county, 
 or of the assessment sessions in the metropolis, or any com- 
 mittee of such justices or any committee of visitors for lunatic 
 asylums, or are servants under such sessions or justices and 
 perform any duties in respect of the business transferred by or 
 in pursuance of this Act to the county council, shall become 
 the officers and servants of the county council. 
 
 The services of these officers will continue without charge, save that in respect 
 of the transferred business they will be officers of the county council. 
 
 (14) All persons who at the appointed day are officers and 
 servants of the Metropolitan Board of Works shall become the 
 officers and servants of the London County Council. 
 
 The Metropolitan Board of Works will be superseded by the London County 
 Council ; see section 40, sub-section (8), ante, p. 76. 
 
 (15) Every person who, on the appointed day, is the chief or 
 other constable of the police force of any county, or is an officer 
 or servant employed in connection with that force, shall, after 
 the said day, be chief or other constable of the police force of 
 the same county under the standing joint committee appointed 
 in pursuance of this Act, or be an officer or servant of a county 
 council appointing a portion of such joint committee, as the 
 case may be. 
 
 This transfers the chief and other constables to the control of the standing 
 joint committee under section 30, ante, p.52. See section 119 (4), post. 
 
 (16) Where any constable at the appointed day belongs to 
 the police force of any borough the council of which will by 
 virtue of this Act cease to maintain a separate police force, 
 such constable shall, after the said day, become a constable of 
 the county police force, and the provisions of this Act with 
 respect to officers of any authority who become officers of the 
 county council shall apply to such constable, with the substi- 
 tution of the standing joint committee for the county council.. 
 
 The boroughs which will by virtue of this Act cease to have a separate 
 police force are the smaller boroughs under sections 39, ante, p. 72. See also 
 section 119, sub-section (4), post. 
 
 119, (1) The officers and servants of the quarter sessions or 
 general assessment sessions, or justices, or any committee of 
 such sessions, or justices, or of any committee of visitors for 
 lunatic asylums, or of the Metropolitan Board of Works, or 
 
— 
 
 51 ¢& 52 Vict. c. 41. 189 
 
 other authority, who held office at the passing of this Act, and Sect.119. 
 who by virtue of this Act become officers and servants of a mictetiat 
 county council (in this Act referred to as existing officers), 
 shall hold their offices by the same tenure and upon the 
 same terms and conditions as if this Act had not passed, 
 and while performing the same duties, shall receive not less 
 salaries or remuneration, and be entitled to not less pensions 
 (if any), than they would have if this Act had not passed, and 
 where any such officer can only be removed with the consent 
 of a Secretary of State of the Local Government Board, such 
 - consent shall be part of the tenure of his office. 
 The officers and servants here referred to are those mentioned in section 118. 
 The consent of the Local Government Board is required for the removal of 
 
 a medical officer of health or inspector of nuisances under section 191 of the 
 Public Health Act, 1875, set out ante, p. 46. 
 
 (2) The county council may distribute the business to be 
 performed by existing officers in such manner as the council 
 may think just, and every existing officer shall perform such 
 duties in relation to that business as may be directed by the 
 council. 
 
 This gives the county councils power to require officers to perform duties 
 different from those they have previously had to perform. 
 
 (3) The county council may abolish the office of any existing 
 officer whose office they may deem unnecessary, but such officer 
 shall be entitled to compensation under this Act. 
 
 As to compensation, see section 120, post. 
 
 (4) The provisions of this section shall apply to the chief 
 and other constables of any police force, and to any officers 
 employed in connection with such force, in like manner as if 
 they were herein re-enacted with the substitution of the standing 
 joint committee under this Act for the county council. 
 
 See section 118, sub-sections (15), (16), ante. 
 
 120. (1) Every existing officer declared by this Act to be Compen- 
 entitled to compensation, and every other existing officer, peririet 
 whether before mentioned in this Act or not, who by virtue of officers. 
 
 this Act, or anything done in pursuance of or in consequence 
 
 of this Act, suffers any direct pecuniary loss by abolition of 
 
 office or by diminution or loss of fees or salary, shall be entitled 
 
 to have compensation paid to him for such pecuniary loss by 
 
 the county council, to whom the powers of the authority, 
 
190 
 Sect. 120. 
 
 Sus-S. 1. 
 
 5 & 6 Will. 
 
 4, c. 62. 
 
 Local Government (England & Wales) Act, 1888. 
 
 whose officer he was, are transferred under this Act, regard 
 being had to the conditions on which his appointment was 
 made, to the nature of his office or employment, to the duration 
 of his service, to any additional emoluments which he acquires 
 by virtue of this Act or of anything done in pursuance of or in 
 consequence of this Act, and to the emoluments which he 
 might have acquired if he had not refused to accept any office 
 offered by any council or other body acting under this Act, and 
 to all the other circumstances of the case, and the compensation 
 shall not exceed the amount which, under the Acts and Rules 
 relating to Her Majesty’s Civil Service, is ‘paid to a person on 
 abolition of office. 
 
 Regard is to be had to the following considerations in fixing the amount of 
 compensation : 
 
 1. The loss must be a direct pecuniary loss. 
 
 2. The conditions of appointment must be considered, ¢.g., whether the 
 appointment is at pleasure, or for life, as in the case of a coroner. 
 
 \ 
 
 3. The nature of the office or employment, é.g., the office may be an © 
 
 important public office, or it may be that merely of a clerk. 
 
 4. The duration of his service. For this purpose his service under the 
 quarter sessions, &c., and under the county, is to be deemed to be continuous ; 
 see section 118, sub-section (12), ante, p. 
 
 5. Additional emoluments under or in consequence of the Act. 
 
 6. Emoluments which might have been acquired but for the refusal to accept 
 an office under the Act. 
 
 7. The circumstances of the case. 
 
 The Civil Service scale is regulated by 22 Vict. c. 66. It is, for a person who 
 has served ten years or upwards, ten-sixtieths of his salary, and a further 
 addition of one-sixtieth for every year’s service over ten up to forty years. 
 
 (2) Every person who is entitled to compensation, as above 
 mentioned, shall deliver to the county council a claim under 
 his hand setting forth the whole amount received and expended 
 by him or his predecessors in office, in every year during 
 the period of five years next before the passing of this Act, on 
 account of the emoluments for which he claims compensation, 
 distinguishing the offices in respect of which the same have 
 been received, and accompanied by a statutory declaration 
 under the Statutory Declaration Act, 1835, that the same is a 
 true statement according to the best of his knowledge, infor- 
 mation, and belief. 
 
 It appears from this that a claimant is entitled to compensation though he 
 may have been in office for a period less than five years. 
 
 (3) Such statement shall be submitted to the county council, 
 who shall forthwith take the same into consideration, and 
 assess the just amount of compensation (if any), and shall 
 forthwith inform the claimant of their decision. 
 
dl dé 52 Vict. c. 41, 
 
 191 
 
 (4) If a claimant is aggrieved by the refusal of the county Sect. cet 
 
 council to grant any compensation, or by the amount of com- ° 
 pensation assessed, or if not less than one-third of the members 
 of such council subscribe a protest against the amount of the 
 compensation as being excessive, the claimant or any sub- 
 scriber to such protest (as the case may be) may, within three 
 months after the decision of the council, appeal to the Treasury, 
 who shall consider the case and determine whether any com- 
 pensation, and if so what amount, ought to be granted to the 
 claimant, and such determination shall be final. 
 
 The Treasury means the Commissioners of the Treasury. See- section 100, 
 ante, p. 162. 
 
 (5) Any claimant under this section, if so required by any 
 member of the county council, shall attend at a meeting of 
 the council and answer upon oath, which any justice present 
 may administer, all questions asked by any member of the 
 council touching the matters set forth in his claim, and shall 
 further produce all books, papers, and documents in his 
 possession or under his control relating to such claim. 
 
 Any member of the council may require the claimant to attend, but he 
 cannot be examined on oath unless a justice is there to administer it. The 
 
 chairman is, however, a justice ex officio ; see section 2, sub-section (5), ante, 
 p. 4. Once sworn, the claimant may be interrogated by any member, 
 
 (6) The sum payable as compensation to any person in pur- 
 suance of this section shall commence to be payable at the 
 date fixed by the council on granting the compensation, or, in 
 
 _ case of appeal, by the Treasury, and shall be a specialty debt 
 due to him from the county council, and may be enforced 
 
 accordingly in like manner as if the council had entered into 
 a bond to pay the same. 
 
 It is difficult to suggest why this debt should be deemed to be a specialty 
 debt or what advantage is derived from this provision. <A specialty debt, like 
 any other, is enforceable by action, and its only advantage over simple contract 
 debts is that the statutory period of limitation is twenty years, as compared 
 
 _ with six years. 
 
 (7) Ifa person receiving compensation in pursuance of this 
 
 section is appointed to any office under the same or any other 
 
 county council, or by virtue of this Act, or anything done in 
 pursuance of or in consequence of this Act, receives any 
 increase of emoluments of the office held by him, he shall not, 
 while receiving the emoluments of that office, receive any 
 sreater amount of his compensation, if any, than, with the 
 
 SUB-S 
 
 — 
 
192 
 
 Sect. 121. 
 
 SUB-S. 7, 
 
 Grant and 
 applica- 
 tion of 
 part of 
 probate 
 duty and 
 of horse 
 and wheel 
 tax during 
 the year 
 ending 
 31st March 
 1889. 
 
 45 & 46 
 Vict. c. 12. 
 
 Local Government (England é Wales) Act, 1888. 
 
 emoluments of the said office, is equal to the emoluments for 
 which compensation was granted to him, and if the emolu- 
 ments of the office he holds are equal to or greater than the 
 emoluments for which compensation was granted, his compen- 
 sation shall be suspended while he holds such office. 
 
 This provision prevents an officer from obtaining compensation and then 
 getting appointed. to another office, thus drawing, as it were, two salaries. 
 
 (8) All expenses incurred by a county council in pursuance 
 of this section shall be paid out of the county fund, as a pay- 
 ment for general county purposes. 
 
 As to general county purposes, see section 68, ante, p. 113. 
 
 Temporary Provision as to Grant from Hachequer. 
 
 121, (1) In the financial year ending the thirty-first day of 
 March, one thousand eight hundred and eighty-nine, the Com- 
 missioners of Inland Revenue shall from time to time, in such 
 manner and under such regulations as the Treasury from time 
 to time make, pay into the Bank of England to the Local 
 Taxation Account— 
 
 (2) Such sum as may be ascertained in manner provided by 
 the said regulations to be four-fifth parts of one-third 
 of the proceeds of the sums collected by them in the 
 said year in respect of the probate duties, and for the 
 purpose of this section, the expression ‘‘ probate 
 duties’? means the stamp duties charged on the 
 affidavit required from persons applying for probate 
 or letters of administration in England, Wales, or 
 Ireland, and on the inventory exhibited and recorded 
 in Scotland, and the stamp duties charged on such 
 accounts of personal and movable property as are 
 specified in section thirty-eight of the Customs and 
 Inland Revenue Act, 1881, and includes the proceeds 
 of all penalties and forfeitures recovered in relation to 
 such stamp duties; and 
 
 ’ 
 
 (b) Such sum as may be ascertained in manner provided by 
 
 the regulations to be the proceeds of the sums 
 collected by them in the said year in respect of the 
 duties on licenses for trade carts, locomotives, horses, 
 
51 & 52 Vict. c. 41. 193 
 
 mules, and horse dealers under any Act of the present Sect.121. 
 session. some et 
 
 This temporary provision has to be made, seeing that section 24, ante, p. 41, 
 will not come into operation until after the 3lst March, 1889. 
 
 As to the Local Taxation Account, see section 20, ante, p. 35. 
 
 As to the probate duties, see section 21, ante, p. 37. Observe that under the 
 text the amount to be distributed is four-fifteenths, while under section 21 the 
 
 amount is four-tenths. 
 As to the duties on licenses for trade carts, &c., see the notes to section 34, 
 ante, p. 61. 
 
 (2) The sums so paid shall be distributed by the Local 
 Government Board as follows; that is to say, 
 
 (i.) In paying to every county, highway, and other local 
 authority who have heretofore received out of moneys 
 provided by Parliament a contribution to the costs of 
 roads, or to the successors of such authority, sums 
 calculated in like manner and according to the like 
 scale and regulations as in the financial year ending 
 on the thirty-first day of March, one thousand eight 
 hundred and eighty-eight ; 
 
 This contribution is in aid of the cost of disturnpiked and main roads. 
 
 (ii.) If the amount received by the local taxation account 
 from the duties on licenses for trade carts, loco- 
 motives, horses, mules, and horse dealers under any 
 Act of the present session exceeds the sum so payable 
 to county and highway or other local authorities, the 
 excess shall be divided between the metropolis and 
 quarter sessions boroughs, in proportion to their 
 rateable value, as ascertained by the valuation lists, 
 or where there is no valuation list by the last poor 
 rate; 
 
 As to the duties on these licenses, see the note to section 34, ante, p. 61. If 
 
 the amount of these duties exceeds the sum payable under paragraph (i.) the 
 excess is to be divided as here mentioned. 
 
 '(iii.) The share of the excess distributed to the metropolis 
 shall be divided between the Commissioners of Sewers 
 in the city of London and the vestries and district 
 boards in the parishes in Schedule A. and the districts 
 in Schedule B. in the Metropolis Management Act, 18 & 19 
 1855, as amended by subsequent Acts, according to Ms 
 rateable value as ascertained by the last valuation ‘3 
 
 fo) 
 
194 Local Government (England € Wales) Act, 1888. 
 
 Sect. 121. lists, and the share distributed to quarter sessions 
 SuB-S, 2, boroughs shall be paid to the councils of such’ 
 boroughs; 
 
 The share of the excess mentioned in paragraph (ii.) as payable to the 
 metropolis is to be apportioned as herein stated. 
 
 (iv.) If any payment is made under the foregoing provisions 
 of this section respecting roads to the council of any 
 quarter sessions borough, or to any authority for a 
 highway area wholly or partly situate in such borough, 
 or to the highway authority of any parish or district 
 in the metropolis, the share of such quarter sessions 
 borough, parish, or district in the distribution of the 
 balance shall be reduced by the amount of the said 
 payment, and, if less than that amount, shall not be 
 paid, and any sum arising from such reduction or non- 
 payment shall be added to the balance and distributed 
 accordingly ; | | 
 
 From any sum payable under (iii.) or (iv.) the amount paid under (i.), if 
 any, is to be deducted as herein stated. 
 
 (v.) Any sum payable in pursuance of this section to a 
 county authority or the council of any borough, not 
 being a highway authority, shall be paid to the 
 county or borough fund as the case may be, but any 
 other sum payable under the provisions of this section 
 respecting roads, or respecting the division of the 
 excess to any highway authority, commissioners of 
 sewers, vestry, or district board, shall be applied in 
 aid of the costs of the roads maintained by such 
 authority, commissioners, vestry, or board; 
 
 For the definition of a highway authority, see section 100, ante, p. 163. 
 
 The council of a borough are the highway authority in all cases, save, perhaps, 
 those for which provision is made in section 52, 
 
 (vi.) Any balance remaining after the above payments shall 
 be divided among the counties in England and Wales, 
 in accordance with the provisions of this Act with 
 respect to the division of the probate duty grant, and 
 for the purpose of such division the metropolis shall 
 be deemed to be a county, and the share assigned to 
 each county on such division shall be applied towards 
 paying to the guardians of each poor law union 
 
51 ¢ 52 Vict. c. 41. 195 
 
 wholly or partly situate in the county such sum as is Sect. 121 
 directed by this Act to be annually paid by the county ee 
 council of such county to such guardians; 
 
 The division of the probate duty grant is regulated by section 22, ante, 
 ' p, 37. 
 
 “The sums directed by this Act to be sae to guardians are stated in section 
 - 24, ante, p. 41, and section 26, ante, p. 49. 
 
 (vii.) Any balance remaining after the payment to the guar- 
 dians of such union shall be paid to the county council 
 of the county upon its coming into office, and, if there 
 is any county borough in the county, the sum so paid 
 shall be included in the adjustment under this Act 
 between the councils of the county and borough. 
 
 The county council will come into office on Ist April, 1889. Seesection 105 
 
 (1), ante, p. 170. 
 As to tne adjustment herein referred to, see section 32, ante, p. 54. 
 
 (3) Every local authority shall produce to the Local Govern- 
 ment Board such evidence and comply with such rules as the 
 Board may require or make for the purpose of effecting the 
 distribution under this section. 
 
 (4) A certificate of the Local Government Board of the sum 
 due to any authority under this section may be varied by that 
 _ Board, but unless so varied shall be final. 
 
 (5) The Treasury may, from time to time during the financial 
 year ending on the thirty-first day of March next after the 
 passing of this Act, issue out of the Consolidated Fund or the 
 growing produce thereof and pay to the Local Taxation Account 
 such sums as appear to them to be required for the purpose of 
 paying the highway authorities and county authorities such 
 sums in respect of main roads as have been paid to them in 
 previous years out of moneys provided by Parliament ; and the 
 sums so issued shall be treated as an advance, and shall be 
 repaid to the Consolidated Fund out of the Local Taxation 
 Account before any balance is distributed in manner provided 
 by this section. 
 
 Savings. 
 
 109. (1) Nothing in this Act shall prejudicially affect any Saving tor 
 securities granted before the passing of this Act on the credit existing 
 securities 
 ‘of any rate or of any property by this Act transferred to a and dis- 
 county council; and all such securities, as well as all unsecured oes of 
 - debts, liabilities, and obligations incurred by any authority in ae 
 
 0 2 
 
196 
 
 Sect.122. 
 SuUB-S. 1, 
 
 Saving for 
 existing 
 bye-laws. 
 
 Saving for 
 pending 
 actions, 
 contracts, 
 &e. 
 
 Local Government (England ¢ Wales) Act, 1888. 
 
 the exercise of any powers or in relation to any property trans- 
 ferred from them to the county council under this Act shall be 
 discharged, paid, and satisfied by such council. } 
 
 (2) Where for the purpose of satisfying any such security or 
 any debt or liability, it is necessary to continue the levy of any 
 rate or the exercise of any power which would have existed but 
 for the provisions of this Act, such rate may continue to be 
 levied and power to be exercised either by the authority who 
 otherwise would have levied or exercised the same or by the 
 county council as the case may require. 
 
 (3) It shall be the duty of every authority whose powers, 
 duties, and liabilities are transferred to any council by this Act 
 to liquidate so far as practicable before the appointed day, all 
 current debts and liabilities incurred by such authority. 
 
 123, All such bye-laws, orders, and regulations of the Privy 
 Council, Secretary of State, Board of Trade, Local Government 
 Board, or Government Department, or of any quarter sessions, 
 council of a borough, the Metropolitan Board of Works, or 
 other authority, whose powers and duties are transferred by or 
 in pursuance of this Act to any county council, as are in force 
 at the time of the transfer, shall, so far as they relate to or are 
 in pursuance of the powers and duties transferred, continue in 
 force as if they had been made by such council, subject, never- 
 theless, to revocation or alteration by such council in the 
 manner in which bye-laws can be made by such council, and 
 also to any exceptions or modifications which may be made at 
 the time of the transfer. 
 
 124, (1) If at the date of the transfer in this section men- 
 tioned any action or proceeding, or any cause of action or 
 proceeding is pending or existing by or against any authority 
 in relation to any powers, duties, liabilities, or property by this | 
 Act transferred to the county council, the same shall not be in 
 anywise prejudicially affected by reason of the passing of this 
 Act, but may be continued, prosecuted, and enforced by or 
 against such council as successors of the said authority in like © 
 manner as if this Act had not been passed. 
 
 (2) All contracts, deeds, bonds, agreements, and other 
 instruments entered into or made and subsisting at the time of 
 the transfer in this section mentioned, and affecting any such 
 powers, duties, liabilities, or property of any authority as are 
 
gc 
 
 y | 51 ¢ 52 Vict. c. 41. 197 
 } by this Act transferred to a county council, shall be as of full Sect.121, 
 
 ‘force and effect against or in favour of the council, and may be a Be 
 ‘ enforced as fully and effectually as if, instead of the authority, 
 ' the said council had been a party thereto. 
 | (8) All contracts or agreements which, prior to the appointed 
 ‘day, have been made by the clerk of the peace or any justice 
 ‘or justices or otherwise on behalf of a county, or any division 
 "or part of a county, shall have effect as if the council of that 
 ‘county had been named therein instead of the clerk of the 
 peace or such justice or justices, and may be enforced by 
 or against the county council accordingly. . 
 (4) This section shall apply in the case of a committee of any 
 authority in like manner as if the committee were such autho- 
 rity and the committee of a county council were that council, 
 and as if contracts and agreements by any such committee 
 appointed by quarter sessions were contracts and agreements 
 on behalf of a county. 
 
 125. Save as far as may be necessary to give effect to this Saving for 
 Act or any scheme or order or other thing made or done there- ea 
 “under, nothing in this Act shall prejudicially alter or affect the &c. 
 
 powers, rights, privileges, or immunities of any municipal 
 corporation, or the operation of any municipal charter, local 
 Act of Parliament, or order confirmed by Parliament, which 
 
 Immediately before the passing of this Act was in force. 
 
 Repeats. 
 
 126, All enactments inconsistent with this Act are hereby Repeal of 
 repealed ; Provided that— Acts, 
 (1) Any enactment or document referring to any Act or 
 enactment hereby repealed shall be construed to refer 
 to this Act, or to the corresponding enactment in this 
 Act: ; 
 (2) This repeal shall not affect— 
 (a) The past operation of any enactment hereby repealed, 
 nor anything duly done or suffered under any 
 | enactment hereby repealed; or 
 (b) Any right, privilege, obligation, or liability acquired, 
 accrued, or incurred under or in accordance with 
 any enactment hereby repealed; or 
 (c) Any penalty, forfeiture, or punishment incurred in 
 
 . 
 
198 | Local Government (England & Wales) Act, 1888. 
 
 Sect..126. respect of any offence committed, against any. 
 PUBL EO enactment hereby repealed; or 
 (@) Any power, investigation, legal proceeding, or remedy _ 
 in respect of any such right, privilege, obligation, 
 liability, penalty, forfeiture, or punishment as 
 aforesaid; and any such power, investigation, legal 
 proceeding, and remedy may be exercised. and 
 carried on as if this Act had not passed. 
 
 It will be very difficult to bear in mind all the provisions of this Act so as 
 to give effect to this section, 
 
 SCHEDULES. 
 
 Section 20. FIRST SCHEDULE. 
 
 Local Taxation Licenses. 
 
 Licenses for the sale of intoxicating liquor for consumption on the premises ; 
 Retailers of spirits (publicans). 
 
 Retailers of spirits, occasional Retailers of cider. 
 licenses. Retailers of wine. 
 
 Retailers of beer. Retailers of wine, occa- 
 
 Retailers of beer, occasional sional licenses. 
 licenses. Retailers of sweets. 
 
 Retailers of beer and wine. 
 
 Licenses for the sale of intoxicating liquor by retail, by persons not licensed ~ 
 to deal therein, for consumption off the premises ;, 
 
 Retailers of beer, Retailers of wine. 
 Retailers of beer and wine. Retailers of sweets. 
 Retailers of cider. Retailers of table beer, 
 
 Licenses to deal in game. 
 Licenses for 
 
 Beer dealers. Carriages, 
 
 Spirit dealers. Trade carts. 
 Sweets dealers. Locomotives. 
 Wine dealers, Horses and mules, 
 Refreshment house keepers. Horse dealers, . 
 Dogs. : Armorial bearings. _ 
 Killing game. Male servants. 
 Guns. Hawkers. 
 Appraisers. House agents, . 
 Auctioneers. Pawnbrokers, 
 Tobacco dealers, Plate dealers. 
 
 These are the licenses the duties payable on which are transferred to the 
 county council under section 20, ante, p. 35. As to the duties on trade carts, 
 locomotives, horses and mules, and horse dealers, see the note to section 34, 
 ante, p. 61. 
 
51 & 52 Viel. c. 41. | 199 
 
 SECOND SCHEDULE. Sched. 2. 
 Alteration of Schedule to District Auditors Act, 1879 — Section 71, 
 
 (42 § 43 Vict. c. 6). 
 
 _ The following scale shall, unless otherwise determined by Parliament, be 
 substituted for so much of the scale set forth in the First Schedule to the 
 District Auditors Act, 1879, as relates to expenditure amounting to 100,000/. 
 and upwards :— 
 
 Where the Total of the Expenditure com- 
 prised in the Financial Statement is The Sum shall be 
 
 100,0002. and under 150,0007. br ... | 50. 
 150,002, and under 200,007. EE ee Gay 
 
 - 200,0007. and upwards e sé ... | 152. in addition. for every 
 50,0002. or part thereof. 
 
 The District Auditors Act, 1879, section 2, provides as follows :-— 
 
 “ After the twenty-fifth day of March, one thousand eight hundred and 
 _seyenty-nine, all payments to district auditors out of any local rate shall cease, 
 and the whole of the salaries or remuneration and of the expenses of district 
 auditors, to such amount as may be sanctioned by the Treasury, shall be paid 
 out of moneys provided by Parliament ; and for the purpose of contributing to 
 the amount required for the payment of such salaries, remuneration, and 
 expenses, there shall be charged on every local authority whose accounts are 
 ‘audited by a district auditor a stamp duty for the use of Her Majesty, 
 according to the scale contained in the First Schedule to this Act, and such 
 duty shall be levied by a stamp on the certificate of the auditor hereinafter 
 mentioned.” 
 
 The First Schedule to the Act is as follows :— 
 Scale of Stamp Duties payable by Local Authorities. 
 Where the total of the expenditure comprised inthe | | : 
 financial statement is Me sum shall be 
 
 ere EEE 
 
 Under 207. ee ins ass se we eed 5s. 
 A 201. and under 501. ni + re ie 10s. 
 502. and under 100/.... ay aes oe 10, 
 1007. and under 5007... cad wee ae 21. 
 5002. and under 1,000/. ... oa a arp 32. 
 1,0007. and under 2,500/. ... Py Fe eee 4l, 
 2,5007, and under 5,0002. ... fet Pas one Bl. 
 5,0002. and under 10,0002. eee ors ne 102. 
 10,0007. and under 20,0002. eae ay Sep 151. 
 20,0002. and under 50,0007. xe dea ots 201. 
 50,0002. and under 100,0007. ae see ane 302, 
 100,0007. and upwards te se ee x 501. 
 
200 Local Government (England & Wales) Act, 1888. 
 
 Sched. 2. For the purpose of this schedule the expenditure comprised in the financial 
 NotsE, statement shall be exclusive of any sum paid to another local authority in 
 
 —  _ pursuance of a precept. 
 
 Section 71, ante, p. 120, modifies the above schedule to the extent mentioned 
 
 in the text. 
 
 Sections 
 31, 34, 35, 
 36, 69 
 
 Name of Borough. 
 
 Barrow Ae 
 
 Bath ... 
 
 Birkenhead 
 Birmingham ... 
 Blackburn oe 
 Bolton . oe 4A 
 
 Bootle- cum-Linacre eee 
 Bradford oad ese 
 Brighton eco ooo 
 Bristol oe ove 
 Burnley +A nee 
 Bury Gees wes ove 
 Canterbury 
 
 Cardiff 
 
 Chester 
 
 Coventry 
 
 Croydon 
 
 Derby ... mee 
 Devonport 
 
 Dudley ... 
 
 Exeter ... 
 
 Gateshead 
 
 Gloucester 
 
 Great Yarmouth 
 Halifax 
 
 Hanley... 
 
 Hastings eee 
 Huddersfield ... 
 Ipswich ies 
 Kingston-upon-Hll ae. 
 Leeds ... at 
 Leicester 
 
 Lincoln 
 
 Liverpool 
 
 Manchester : 
 Middlesborough 2 
 Newcastle-upon-Tyne 
 Northampton . 
 Norwich . 
 
 N ottingham 
 
 THIRD SCHEDULE, 
 County Boroughs. 
 
 Name of County in which, for the 
 purpose of this Act, the Borough 
 is deemed to be situate. 
 
 Lancaster, 
 Somerset. 
 
 Chester. 
 
 Warwick. 
 Lancaster. 
 Lancaster. 
 Lancaster. 
 
 York, West Riding. 
 Sussex. 
 
 Gloucester and Somerset. 
 Lancaster, 
 Lancaster. 
 
 Kent.* 
 
 Glamorgan, 
 Chester. 
 
 Warwick. 
 
 Surrey. 
 
 Derby. 
 
 Devon. 
 
 Worcester. 
 
 Devon. 
 
 Durham. 
 Gloucester. 
 
 Norfolk and Suffolk, 
 York, West Riding. 
 Stafford. 
 
 Sussex. 
 
 York, West Riding, 
 Suff olk. 
 
 York, East Riding. 
 York, West Riding. 
 Leicester, 
 
 Lincoln (parts of Lindsey). 
 Lancaster. 
 Lancaster, 
 
 York, North Riding. 
 Northumberland. 
 Northampton. 
 Norfolk. 
 Nottingham. 
 
51 & 52 Vict. c. 41. 
 
 Name of County in which, for the 
 Name of Borough. purpose of this Act, the Borough 
 is deemed to be situate. 
 
 Oldham iat vie aes ... | Lancaster. 
 Plymouth “Me Af ff ... | Devon. 
 Portsmouth ... Re me ppm Mots Sree 
 Preston... vee — ror ... | Lancaster. 
 Reading ay tp ae ... | Berks. 
 Rochdale ee a jek ... | Lancaster. 
 
 Saint Helen’s ... en athe ... | Lancaster. 
 
 Salford... - me fst ... | Lancaster. 
 
 Sheffield oe 5 is ... | York, West Riding. 
 Southampton ... +e op .. | Hants. 
 
 South Shields ... oe ie ... | Durham. 
 
 Stockport si er ms ... | Chester and Lancaster. 
 Sunderland ... ate >t ... | Durham. 
 
 Swansea av ons ay ... | Glamorgan. 
 
 Walsall fish Ba Aap ... | Stafford, 
 West Bromwich “ae nets ... | Stafford. 
 West Ham... ane J, Seed i Lueeeks 
 
 Wigan... rey =F Fy. ... | Lancaster, 
 
 Wolverhampto 2 ay ... | Stafford. 
 
 Worcester aes non een .«. | Worcester. 
 
 ork”... ue ae ay ... | York, North, East, and West 
 Ridings. 
 
 The provisions of the Act relating to county boroughs are contained in 
 sections 31—34, ante, p. 54. 
 
 901 
 Sched. 3 
 
Name of 
 municipal 
 corpora- 
 tion. 
 
 Qualifica- 
 tion of 
 burgess, 
 
 202 
 
 THE MUNICIPAL CORPORATIONS ACT, 1882. 
 (45 & 46 VICT. Cap. 50.) 
 
 THE following sections and schedules of this Act are incor- 
 porated with the Local Government Act, s. 75, ante, p. 124. 
 Some other sections of this Act are referred to in the Local 
 Government Act, but these are set out in the notes to the 
 sections of that Act containing such references. 
 
 The notes to the following sections have been for the most 
 part limited to their application to county councils. 
 
 PART II. 
 
 CONSTITUTION AND GOVERNMENT OF BoROUGH. 
 Corporate Name. 
 
 8, The municipal corporation of a borough shall bear the 
 name of the mayor, aldermen, and burgesses of the borough, 
 or, in the case of a city, the mayor, aldermen, and citizens of 
 the city. 
 
 This section does not really apply to county councils, for by section 79 of 
 the Local Government Act, ante, p. 141, the council of each county are incor- 
 porated by the name of the county council, with the prefix of the name of the 
 administrative county. By section 34, sub-section (1), of the same Act, ante, 
 p. 60, the mayor, aldermen, and burgesses of each borough mentioned in the 
 Third Schedule, that is, of the county boroughs acting by the council, have all 
 
 the powers and duties of the county council within the borough; but this 
 involves no change of the name of the borough or city. 
 
 Burgesses.(a) 
 
 9, (1) A person shall not be deemed a burgess for any 
 purpose of this Act unless he is enrolled as a burgess.(d) 
 (2) A person shall not be entitled to be enrolled as a burgess 
 unless he is qualified as follows :(c) 
 (a) Is of full age; and 
 (6) Is on the fifteenth of July in any year, and has been 
 during the whole of the then last preceding twelve 
 months, in occupation,(d) joint or several,(e) of any 
 house, warehouse, counting-house, shop or other 
 building(/) (in this Act referred to as qualifying pro- 
 perty) in the borough ;(g) and 
 
45 & 46 Vict. c. 50. 
 
 203. 
 
 (c) Has during the whole of those twelve months resided in Sect. 9.; 
 
 the borough, or within seven miles thereof ;(h) and 
 
 (d) Has been rated in respect of the qualifying property to 
 all poor rates made during those twelve months for 
 the parish wherein the property is situate ;(7) and 
 
 (ec) Has on or before the twentieth of the same July paid 
 all such rates, including borough rates (if any), as 
 have become payable by him in respect of the quali- 
 fying property up to the then last preceding fifth of 
 January.(k) 
 
 (3) Every person so qualified shall be entitled. to be enrolled 
 as a burgess, unless he— 
 (a) Is an alien ;(/) or 
 (0) Has within the twelve months aforesaid received union 
 or parochial relief or other alms ;(m) or 
 (c) Is disentitled under any Act of Parliament.(n) 
 
 (a) It is provided by the County Electors Act, 1888, 51 Vict. c. 10, s. 2, 
 that “for the purpose of the election of county authorities in England the 
 burgess qualification, that is to say, the qualification enacted by section 9 of 
 the Municipal Corporations Act, 1882, shall extend to every part of a county 
 not within the limits of a borough, and a person possessing in any part of a 
 county outside the limits of a borough such burgess qualification shall be 
 entitled to be registered under the Act as a county elector in the parish in 
 
 which the qualifying property is situate. Sections 9, 31, 33, and 63 of the . 
 
 Municipal Corporations Act, 1882, and any enactments of that or any other 
 Act affecting the same, shall extend to so much of every county as is not 
 comprised within the limits of a municipal borough, in like manner as if they 
 were herein re-enacted, with the substitution of ‘ county’ for ‘borough,’ and of 
 ‘county: elector ’ for ‘ burgess,’ and with the other necessary modifications.” 
 (0) By section 45, sub-section (8), post, every person enrolled in the burgess 
 
 roll shall be deemed to be enrolled as a burgess, and every person not enrolled 
 
 in the burgess roll shall be deemed to be not enrolled as a burgess, 
 
 By section 63, post, women may be enrolled as burgesses, and by that section, 
 as applied by the County Electors Act, 1888, 51 Vict, c. 10, s, 2, sub-sect. (2), 
 women may also be enrolled as county electors, 
 
 (c) This is no longer the only qualification of a burgess or county elector. 
 It is provided by the County Electors Act, 1888, 51 Vict. c. 10, s. 3, that every 
 person who is entitled to be registered as a voter in respect of a 107. occupation 
 qualification within the meaning of the provisions of the Registration Act, 
 1885, which are set out in the schedule to that Act, shall be entitled to be 
 registered as a county elector, and to be enrolled as a burgess, in respect -of 
 such. qualification, in like manner in all respects as if the section of the 
 Municipal Corporations Act, 1882, relating to a burgess qualification included 
 the said 107. occupation qualification. The schedule to the 51 Vict. c. 10, 
 above referred to, is as follows :— 
 
 DEFINITION OF TEN POUNDS OCCUPATION QUALIFICATION, 
 
 A person entitled to be registered as a voter in respect of a ten pounds 
 
 occupation qualification in a borough, municipal or parliamentary— 
 
 (4) Must. during the whole twelve months immediately preceding the 
 fifteenth day of July have been an occupier as owner or.tenant of 
 some land or tenement in a parish [or township] of the clear yearly 
 yalue of not less than ten pounds; and 
 
 SuUB-S. 2. ; 
 
The Municipal Corporations Act, 1889. 
 
 (4) Must have resided in or within seven miles of the borough during six 
 
 months immediately preceding the fifteenth day of July; and 
 
 (¢c) Such person, or some one else, must during the said twelve months have 
 
 been rated to all poor rates made in respect of such land or tene- 
 ment; and 
 
 (d) All sums due in respect of the said land or tenement on account of any 
 
 poor rate made and allowed during the twelve months immediately 
 preceding he fifth day of January next before the registration, or 
 on account of any assessed taxes due before the said fifth day of 
 January, must have been paid on or before the twentieth day of July. 
 
 If two or more persons jointly are such occupiers as above mentioned, and 
 the value of the land or tenement is such as to give ten pounds or more for 
 each occupier, each of such occupiers is entitled to be registered as a voter. 
 
 If a person has occupied in the borough different lands or tenements of the 
 requisite value in immediate possession during the said twelve months, he is 
 entitled in respect of the occupation thereof to be registered as a voter in the 
 parish [or township ] in which the last occupied land or tenement is situate. 
 
 (ad) Occupation, 
 
 It is provided by section 257, sub-section (3), post, that nothing in this Act 
 shall entitle any person to be enrolled as a citizen of the city of Oxford or 
 burgess of the borough of Cambridge by reason of his occupation of any 
 rooms, chambers, or premises in any college or hall of either of these 
 universities, 
 
 By section 33, sub-section (2), post. the qualifying property need not be 
 throughout the twelve months constituting the period of qualification the same 
 property, or in the same parish. 
 
 For the distinction between an occupier and a lodger the following cases 
 may be referred to:—Bradley v. Baylis, 8 Q. B. D. 194; 51 L. J. Q. B. 
 183 ; 46 L. T. QS.) 253; 80 W. R. 823; 45 J. P. 847; Ancketill v. Baylis, 
 oY Q. B. D. 577; 52 L. J. Q. B. 104; 48 L. T. (.8.) 843; 31 W. R. 233; 47 
 
 . P. 356. ‘ 
 
 Occupation of a dwelling-house by virtue of an office, service or employ- 
 ment within the meaning of 48 Vict. c. 3, s. 3, is no qualification for the 
 municipal franchisé. McClean v. Prichard, 20 Q. B. D. 285. This decision 
 will also apply to county electors. 
 
 As to occupation on succession by descent, marriage, &c., see section 33 
 post. 
 
 (e) The words “ joint or several” were inserted with reference to the decision 
 in Reg. v. The Mayor, §c., of Exeter, L. R. 4 Q. B. 114, post. 
 
 It is provided by section 31, post, that where an occupier is entitled to the 
 sole and exclusive use of any part of a house, that part shall not be deemed to 
 be occupied otherwise than separately by reason only that the occupier is 
 entitled to the joint use of some other part. See the note to that section, 
 
 (f) House, warehouse, Sc. 
 
 By section 31, post, the terms house, warehouse, counting-house, shop, or 
 other building, include any part of a house, where that part is separately 
 occupied for the purposes of any trade, business, or profession; and any such 
 part may, for the purpose of describing the qualification, be described as office, 
 chambers, studio, or by any like term applicable to the case. 
 
 It will be observed that the text requires occupation of some building, The 
 alternative qualification under section 3 of the County Electors Act, 1888, 
 already mentioned (see note (¢) swpra), requires occupation only of some land 
 or tenement. 
 
 Upon the meaning of these terms reference may be made to the following 
 cases :— : 
 
 The word “house” means primdé facie a dwelling-house. Swrnam v. 
 Darley, 14 M. & W. 181; Nunn v. Denton, 8 Scott, N. R. 794; Daniel v. 
 Coulsting, tb, 949. It probably means a dwelling-house in the above section, 
 contrasted as it is with places of business. It should be observed that the 
 
Peg i 
 
 45 & 46 Vict. c. 50. 
 
 205 
 
 meaning of a word may vary considerably according to the purposes and Sect. 9. 
 
 objects of the Act in which it is used, Consequently, the decisions on the 
 meaning of the word “house” as used in the Metropolis Management and 
 Public Health Acts must not be taken to apply generally. Under these Acts 
 a church has been held not to be a house, while a dissenting chapel is a house. 
 Angell v. Paddington Vestry, L. R. 3 Q. B. 714; 37 L. J. MG. 171 ; 32 
 J. P. 742; Caiger v. St. Mary, Islington (Vestry of ), 50 L. J. M. C.59; 45 
 J. P.570; Wright v. Ingle, 16 Q. B. D. 379 ; 55 L. J. M.C. 17; 34 W. R. 
 221. On the other hand, a church has been held to be a house within the 
 meaning of a bye-law prescribing a building line. Folkestone (Mayor, §c., 
 of) v. Woodward, L. R. 15 Eq. 159; 42 L. J. Ch. 782, It may be doubted 
 whether these decisions throw any light on the meaning of the word “ house ” 
 as used in the text. 
 
 *‘ Counting-house ” includes a solicitor’s office. Re Creech, 3 B & S. 459. 
 
 The words “or other building” must be read as signifying other buildings 
 ejusdem generis, according to the well-known rule for’ the construction of 
 statutes, ‘The words are almost precisely similar to those in the Reform Act, 
 2 Wm. 4, c, 45,8. 27. Under that Act a stable built of stone and having a 
 tiled roof was held to be a building. Whitmore vy. Bedford, 5 M.& G.9; 
 13 L. J. C. P. 55. Rooms in a factory were let to cotton spinners separately, 
 the rents varying according to the size of the room. The approach to the 
 room was either by a common staircase leading from the entrance to the 
 factory (to which there was a door which was never fastened), or by separate 
 outside staircases, or by doors opening into the yard. Each tenant had his 
 Own spinning machine (which was worked by a steam-engine belonging to the 
 landlord), it being part of each contract that the landlord should supply steam 
 power), and also the exclusive use of his room, and the key to the door thereof, 
 It was held that the occupier of each room was the exclusive occupier of a 
 building within the meaning of 2 Wm, 4, c. 45, s. 27, Wright v. Stockport 
 (Town Clerk of), 5 M. & G. 33; 13 L. J. M.C. 50. A shed, stood against a 
 wooden paling, but was not fastened to it, Six posts put: into the ground 
 supported a tarpaulin or a tar cloth which formed the rot, of the sides 
 of the shed was boarded up with boards fastened to the posts by nails, It was 
 held that the shed was a building. Watson vy. Cotton, 5 C: B. 51; 171. J. 
 C. P. 68. The tenant of land in a borough erected thereon at his own expense 
 a wooden structure with boarded sides and a thatched roof, and supported by 
 wooden posts let into the ground, and used the same for storing potatoes and 
 other things connected with his business of a market gardener. It was held 
 that the shed was a building, The tenant had erected in like manner on the 
 land a pigstye with a slated roof, but in other respects similar to the structure 
 before mentioned. Semble, that this was not. a building. But where an 
 
 electioneering agent, for the purpose of creating a vote, erected a shed made 
 
 of wood haying four boarded sides and a boarded roof and being supported by 
 four posts let into the ground, the Court, acting on Cook v. Humber, 11 C. B. 
 (N.S.) 33, held that this was not a building. ERLE, C, J ., Said that an erection 
 to be a building within the Act ought to be in some degree adapted to be used 
 by man either for residence or for the industry to which the statute relates, 
 and also to have the degree of durability which is included in the idea of a 
 building. Powell v. Farnie, Powell v. Boraston, 18 C. B. (N.S.) 168, 175; 
 34 L. J.C. P. 73; 11 L. T. 0s.) 736; 11 Jur. (N.S.) 162. A stone building 
 having four walls and a door, used by the tenant for keeping guano and other 
 manures used upon the adjoining land, was held to be a building. So also a 
 stone building roofed, having three sides, and being open in front, with a loft 
 over, used only for milking a cow and keeping a pig, was held a building ; 
 and similar erections used only for keeping hay or affording shelter to cattle 
 were held to be buildings. Morrish v. Harris, L. R.1C. P. 156 ; 35 L. J. 
 C. P. 101. 
 
 These cases indicate with tolerable clearness what is a building within the 
 meaning of the text. The decisions on the meaning of the word in other 
 Acts, such as the Public Health Acts, can hardly be cited as authorities upon 
 
 NotTE, 
 
 ——— 
 
206 
 
 Sect. 9. 
 
 NOTE. 
 
 ——— 
 
 The Municipal Corporations Act, 1882. 
 
 the construction of the text, having regard to the different objects of the 
 statutes. Some of the more important of these may, however, be enumerated. 
 Tunstall Turnpike Trustees v. Lowndes, 20 J. P. 374; Reg. v. Gregory, 5 
 B, & Ad. 555; 3 L. J. M. C. 25; Stevens v. Gourlay, 7 C. BUGS.) 99; 
 1F. & F. 498; 29L. J.C. P.1; 1 L. T. (.8.) 33; Poplar Board of Works 
 v. Knight, 13 HE. & E. 408 ; 28 L. J. M. C. 37; 5 Jur. (W.8.) 196; Bowes v. 
 Lowe, L. R. 9 Eq. 636; Thompson v. Sunderland Gas Company, 2 Ex. D. 
 429; Fielding v. Rhyl Improvement Commissioners, 3 C. P. D. 272 ; 
 Richardson v. Brown, 49 J. P. 661. 
 
 (g) The qualifying property need not during the whole qualifying year be 
 the same property or in the same parish. See section 33, post. 
 
 (h) Residence. 
 
 It is provided by the 48 Vict. c. 9, that from and after the passing of that 
 Act (1885) a man shall not be disqualified from being enrolled or voting as a 
 burgess at any municipal election in a borough, in respect of the occupation of 
 any house, by reason only that during a part of the qualifying period, not 
 exceeding four months in the whole, he has, by letting or otherwise, permitted 
 such house to be occupied as a furnished dwelling-house by some other person, 
 and during such occupation by another person has not resided in or within 
 seven miles of the borough. 
 
 “The term “ residence’ has always to be interpreted with reference to the 
 purpose of the statute in which it is used. See Blackwell v. England, 27 
 L. J. Q. B. 124. As used in the text it has evidently the same meaning as it 
 has in the Parliamentary Registration Acts, and the following cases decided 
 with reference to these Acts and to the corresponding provisions of the Muni- 
 cipal Corporations Act, 1835, will serve to explain the text. A., a freeman 
 of the borough of T., resided with his wife and family and carried on his 
 business of a wine merchant at G., more than seven miles from T. He paid 
 ninepence a week for the use of a bedroom and a dark closet in the house of a 
 friend at T., A. keeping the key of the closet in which he deposited wine 
 samples. He slept in the bedroom twelve times in six months. It was held 
 that he had not resided in T. during the twelve months. Whithorn v. 
 Thomas, 7M. &G.1. It was held in Powell v. Guest, 18 C. B. (8.8.) 72; 
 34 L. J. OC. P. 69; 11 L. T. (N.S.) 599, that a man had not resided in a 
 borough when he had for a portion of the qualifying period been detained in 
 a gaol situate more than seven miles distant therefrom under a sentence of 
 imprisonment for an assault without the option of paying a fine. A., after 
 carrying on business and residing at Exeter for many years, went to live in 
 London. He continued his business, which’ compelled him often to visit 
 Exeter, and he kept some offices and rooms there. He was in Exeter about 
 twenty times during the period from Michaelmas to July, staying each time 
 from four to ten days. On these occasions he always transacted his business, 
 slept, and took some of his meals in his own rooms. It was held that the 
 question was one of fact, and depended upon whether there had been such a 
 degree of inhabitance as to be in substance and in common sense a residence, 
 and that there was sufficient evidence to show that A. had a residence 
 in Exeter as well as in London. Reg. v. Hueter (Mayor of ), Wescomb’s 
 Case, L. R. 4 Q. B.. 110; 19° L. T. (y.s.) 397. <A. occupied a house 
 in Exeter jointly- with his partner, and carried on his business there. 
 He had the exclusive use of a furnished bedroom and sitting-room. He 
 lived more than seven miles from Exeter. He visited Exeter every day, 
 except Sundays, to attend to his business, which he always transacted 
 at this house, and sometimes he took his meals and slept there. It was 
 held that this did not make him an inhabitant householder within the 
 meaning of 5 & 6 Will. 4, c. 76,8. 9. Reg. v. Mayor of Exeter, Dipstale’s 
 Case, L. R. 4 Q. B. 114; 19 L. T. Qs.) 432. Under the corresponding 
 Trish Act it was held that where a man had within the city of Cork a store 
 to which was attached a room in which he had a bed, and occasionally slept 
 and took his meals, he did not reside so as to be an inhabitant householder. 
 McDougal v. Creedon, 7 Ir. Rep. C. L. 165, But it was held that to qualify 
 
45 & 46 Vict. c, 50. 
 
 207 
 
 under 5 & 6 Will. 4, c. 76, s. 9, it was sufficient for a municipal officer to have Sect, 9. 
 
 a bond fide place of residence, although from fortuitous circumstances he did 
 not sleep there. Reg. v. Boycott, 14 L. T. (N.8.) 599. A clergyman claimed 
 to be qualified to vote for a borough in respect of the occupation of a 
 dwelling-house in which he usually resided. He entered into an arrangement 
 with another clergyman by which they agreed to exchange duties and resi- 
 dences for a certain period for the purpose of obtaining relaxation and change 
 of scene. In pursuance of this arrangement the claimant left his house and 
 resided for two months, which included the last month of the qualifying year, 
 at a distance of more than seven miles from the borough, in the house of the 
 other clergyman, who came and resided during the same period in the 
 claimant’s house. It was held that there was a break of residence which pre- 
 vented the claimant from being duly qualified. Ford v. Pye, L. R. 9 C. P. 269; 
 43 L. J.C. P.21. The claimant, a freeman of a borough, was an officer in the 
 army serving with his regiment. When he obtained leave of absence, which 
 he usually did for three months in the year, he used to reside at the house of 
 his mother, within seven miles of the borough, occupying apartments there 
 which were always reserved for his use. He was unmarried, and had no other 
 home than his mother’s house. It was held that in the case of an officer 
 subject to the will and pleasure of the Queen, and who was not therefore sui 
 juris, there could not be such an intention of returning as to constitute a con- 
 structive residence, and consequently that the claimant was not qualified. 
 Ford v. Hart, L. R. 9 C. P. 273; 43 L. J. C. P. 24; 29 L. T. (as.) 685. 
 The incumbent of a benefice was absent from October to June, having 
 obtained a license for non-residence. He arranged with a curate to take his 
 duties and live in the rectory-house. He could not have returned without 
 providing another residence for the curate. It was held that the incumbent 
 had not resided in the house. Durant v. Carter, L.R.9 C. P. 261. A. 
 occupied lodgings in a borough in London separately and as sole tenant for 
 the qualifying period. He had also a house in the country where he kept an 
 establishment of servants all the year round. When in London he resided at 
 his lodgings, and had done so at intervals for two months out of the twelve. 
 This was held a sufficient residence to entitle him to the lodger franchise. 
 Bond v. St. George, Hanover Square (Overseers of ), L. R. 6 C. P. 312. A. 
 being employed to attend upon a gentleman, lodgings were taken for him in 
 the same: house as the gentleman, in which he might and did usually sleep, but 
 he was not bound by his agreement to do so. A. had also lodgings in the 
 borough of C., where his wife and children resided, and in which he could sleep 
 at any time, and did in fact sleep at least once a week. It was held that A. 
 resided in C. Boviuu, C. J., said he could not distinguish the case from 
 that of a man who has two houses and lives at each when he pleases. In 
 such a case he would reside at both houses. Zuylor v. St. Mary Abbots, 
 Kensington, L. R. 6 C. P. 311. (The last two of the preceding cases are 
 important as showing that a person may reside in more than one place, and it 
 may be anticipated that many cases of this kind willarise in the application of 
 this section to county electors.) For a portion of the qualifying period A. 
 lived and slept with his wife and child in a room in a cottage allotted to the 
 wife’s mother by the trustees of a charity, the rules of which prohibited the 
 inmates from allowing any stranger to reside with them. It was held that 
 this was a sufficient residence to satisfy 2 Will. 4, c. 45, s. 33, and that the 
 continuity of residence was not broken by A.’s absenting himself for one 
 night when sent to London upon his employer’s business. Beal v. Ford, 3 
 C. P. D. 73; 47 L. J. C. P. 56; 37 L. T. (W.8.) 468. During part of the 
 qualifying period a freeholder who had a bedroom kept for his exclusive use 
 in his father’s house in Exeter was absent, serving under articles to a solicitor 
 in London. It was held that, being bound by the articles, he could not be 
 deemed to have had either the liberty or intention to return to the room 
 whenever he liked, and therefore had not resided within the city during the 
 required time. Ford v. Drew, 5 C. P. D.59; 49 L. J.C. P.172; 41 L. T. 
 (N.8.) 478. And seeon.a similar point Ford v. Barnes, 16 Q. B. D. 254 ; 55 
 
 NOTE, 
 
208 
 Sect. 9 
 
 NOTE. 
 
 The Municipal Corporations Act, 1882 
 
 L. J. Q. B. 24 ; 53 L. T. (W.8.) 675 ; 34 W. R. 75; 50 J. P. 23; Spittal v. 
 Brook, 18 Q. B. D. 426; 56 L. J. Q. B. 48; 56 L. T. (.8.) 364; 35 W. R. 
 520. The appellant had a bedroom kept for his exclusive use in his father’s 
 house in Exeter. During the qualifying year he went to London in quest of 
 employment, and having obtained a temporary situation in London remained 
 there, and then returned to his father’s house in Exeter. He remained in 
 Exeter three weeks, and then went back to London, and, obtaining employ- 
 ment there, did not return to Exeter during the rest of the qualifying period. 
 It was held that the facts did not show a constructive residence in Exeter 
 during the qualifying period. Beal v. Hxeter (Town Clerk of), 20 Q. B. D. 
 300. 
 
 As to residence in cases of succession, by marriage, descent, &c., see section 
 33, post. 
 
 The seven miles must be measured in a straight line in a horizontal plane, 
 and may be determined by the Ordnance survey map. See section 231, post. 
 It should be mentioned that by section 77 of the Local Government Act, 
 ante, p. 139, a person who is entitled to be registered as a county elector in 
 respect of any qualification in the administrative county of London in all 
 respects except that of residence, and is resident beyond seven miles but within 
 fifteen miles of the county, shall be entitled to be registered as a county 
 elector. 
 
 (7) Rated. 
 
 It is sufficient if it can be shown that a person was intended to be rated, 
 though there may be a mistake in his name as entered in the rate. eg. v. 
 Gregory, 17 Jur. 439. 
 
 The 32 & 33 Vict. c. 41, s. 19, provides that the overseers in making out the 
 poor rate shall in every case, whether the rate is collected from the owner or 
 occupier, or the owner is liable to the payment of the rate instead of the 
 occupier, enter in the occupiers’ column of the rate book the name of every 
 occupier of every rateable hereditament, and such occupier shall be deemed to 
 be duly rated for any qualification or franchise depending upon rating ; and it 
 is further provided that any occupier whose name has been omitted, shall, not- 
 withstanding such omission, and that no claim to be rated has been made by 
 him, be entitled to every qualification and franchise depending upon rating, in 
 the same manner as if his name had not been so omitted. This section applies 
 generally to every case in which the owner is rated and not the occupier, 
 without regard to the value of the premises. See Smith v. Seghill (Overseers 
 of), L. R. 10 Q. B, 422; 44 L. J. M.C. 114; 32 L. T (W.8.) 859; 23 W. R. 
 745; 40 J. P. 228; Barton v. Birmingham (Town Clerk of), 48 L. J. C. P. 
 87; 39 L. T. (W.8.) 352 ; 43 J. P. 24. As to the claim of an occupier to be 
 rated in other cases, see section 32, post. 
 
 Observe that this clause refers only to the poor rate, while the next refers 
 to poor rates and borough rates, or, as applied to county electors, county 
 rates. 
 
 As to rating in cases of succession by descent, marriage, &c,, see section 33, 
 post, ; 
 
 (k) Payment of rates, 
 
 The 32 & 33 Vict. c. 41, 8. 7, provides that every payment of a rate by the 
 occupier, notwithstanding the amount thereof may be deducted from his rent 
 as therein provided, and every payment of a rate by the owner, whether he is 
 himself rated instead of the occupier or has agreed with the occupier or with 
 the overseers to pay such rate, and notwithstanding any allowance or deduction 
 which the overseers are empowered to make from the rate, shall be deemed a 
 payment of the full rate by the occupier for the purpose of every qualification 
 or franchise which, as regards rating, depends upon the payment of the poor 
 rate. It is probable, though it has not as yet been expressly decided, that this 
 section applies to every case when the rates are paid by the owner. See Moger 
 v. Hscott, L. R. 7 C. P. 163; 41 L. J.C. P. 86; 26 L. T. G8.) 99; 20 W. R. 
 368; 36 J. P. 247; Abel v. Lee, L. R.6C. P. 365; 40 L. J. C. P. 154; 23 
 L. T. (w.8.) 844; 19 W. R. 625; Cross v. Alsop, L, R.6 C.P. 315; 40 L, J. 
 
ee ee eee =- 
 
 as 
 
 Casi ree 
 
 45 ¢ 46 Vict. c. 50. 
 
 209 
 
 C. P. 154; 23 L. T. (n.s.) 844; 19 W. R. 625; Cross v. Alsop, L. R.6C.P. Sect. 9, 
 
 315; 40 L. J. C. P. 53; 23 L. T. (.s.) 589; 19 W. R. 131; 35 J. P. 153; the 
 judgment of LusH, J., in Smith v. Seghill (Overseers of ), ante. 
 
 On the subject of the payment of rates by a person other than the owner, 
 the following cases may be referred to :—The payment must be by the party’s 
 own act ; it is not sufficient that another person without his authority pays 
 them for him. Reg. v. Bridgnorth, 10 A. & EK. 66. Where one building in 
 which there were several occupiers was rated as a whole, and it was part of the 
 agreement with the landlord that he should pay the rates, the rent being higher 
 in consideration of such payment, the landlord and the tenants were jointly 
 rated, and it was held that a payment by any of the persons so jointly rated 
 would bea payment by each of them. Wright v. Stockport (Town Clerk of ), 
 5M. & G. 33; 13L. J.C. P.50; 7 Jur. 1112. An officer in a royal dock- 
 yard had the exclusive use of a house in the dockyard in part remuneration 
 for his services. The rates were paid by the Paymaster-General. It was held 
 that this was a sufficient payment by A., as he was rated and liable to pay the 
 rates, and the payment was on his account in part remuneration for his 
 services. Hughes v. Chatham (Overseers of),5M.& G.54; 13 L. J.C. P. 14; 
 7 Jur. 1136. 
 
 The words “borough rates” will, in a county, mean “county rates.” Ina 
 borough they mean only borough rates under the Act, not a rate under a local 
 Act for paving and lighting the borough. Reg. v. Lichfield (Mayor of), 2 
 Q. B. 693. A. came into the occupation of the qualifying property in August. 
 
 _ A poor rate had been made in the preceding April, and another was made in 
 
 the September following. A. had paid the last-mentioned rate; but no demand 
 had been made upon him for, nor had he paid or tendered, his proportion of 
 
 the April rate, though it had not been paid by the outgoing tenant whose - 
 
 name appeared upon that rate. It was held that A. had paid all poor rates 
 which had become payable from him, the liability to pay the proportion of the 
 April rate being subject to the contingency of the outgoing tenant having 
 made default, and of the overseers demanding his proportion from A, Hatcher 
 y. Boodle, 18 C. B. (N.8.) 152. But an occupier is not entitled to be enrolled 
 if the rates are payable by the owner and have not been paid, though no 
 demand has been made on him as required by the statute. See Clarke v. 
 Buchanan, 20 L. R. Ir. 244. 
 
 As to the payment of rates payable by instalments, see section 33, post. 
 
 (1) Alien. 
 
 Persons born in Hanover before the Queen’s accession and not naturalised 
 are, though resident in the United Kingdom, aliens. Stepney Election 
 Petition, 17 Q. B. D. 54; 55 L. J.Q. B. 331; 54 L. T. 8.) 684 5 34 W. R. 
 547, 
 
 (m) Alms. 
 
 The word “alms” applies only to such as are parochial. It does not apply 
 to moneys distributed annually from the income of a public charitable institu- 
 tion established by an individual for the use and benefit of the poor house- 
 keepers of a borough not receiving parochial relief from any parish therein. 
 Reg. v. Lichfield (Mayor of), 2 Q. B. 693. Parochial relief given to a man’s 
 father is not relief to the man himself within the meaning of the above section. 
 Reg. v: Ireland, L. R. 3 Q. B. 130; 37 L. ea lhe Lite sale lie cle (N.S) 466 5 
 16 W. R. 358; 32 J. P. 726. But relief to a man’s wife or to any of his 
 children under 16 is relief to himself by virtue of 4&5 Will. 4, c. 76, s. 56. 
 The Medical Relief Disqualification Removal Act, 1885, 48 & 49 Vict. c. 46, 
 provides that when a person has received for himself or for any member of his 
 family any “ medical or surgical assistance or any medicine at the expense of 
 any poor rate, such person shall not by reason thereof be deprived of any right 
 to be registered, or to vote as a voter, at any election to certain offices, including 
 the office of member of a local board.” The term “ medical and surgical assist- 
 ance” is defined to mean all medical and surgical attendance, and all matters 
 and things supplied by or on the recommendation of the medical officer having 
 authority to give such attendance and recommendation at the expense of any 
 
 P 
 
 NOTE, 
 
 —— 
 
210 The Municipal Corporations Act, 1882. 
 
 Sect. 9, poor rate. Several cases have been decided upon the provisions of 2 Will. 4 
 NoTE. c. 45,8. 36. The appellant having applied to the guardians for work, was 
 =< employed by them, by way of relief, in breaking stones, and paid out of the 
 parochial funds, the amount paid to him being much greater than the value of 
 his work to the guardians. It was held that he had received “ parochial relief 
 or other alms” within 2 Will. 4, c. 26,80 as to disqualify him from voting. 
 Magarriliv. Whitehaven (Overseers of ), 16 Q.B. D. 242; 55 L. J. Q. B. 38; 
 53 L. T. (W.8.) 667; 34 W. R. 279; 40 J. P. 743. By the provisions of a 
 charity, regulated by a scheme of the Charity Commissioners, a certain number 
 of the poor inhabitants of a borough, who had not been for two years in receipt 
 of parish relief, were received into an almshouse where certain weekly pay- 
 ments and other benefits were bestowed on them. They were liable to be 
 removed for misconduct and other causes. It was held (following Harrison 
 v. Carter, 2 C. P. D. 26; 46 L. J. C. P. 27: 85 L, T. (N.8.) 511; 25 W. R. 
 182) that they were disqualified from voting, having received alms within 
 2 Will. 4, c. 45, 8. 36. The wife of the appellant, being near her confinement, 
 applied to the relieving officer of the union for an order for the attendance of 
 a medical man. The guardians authorised the relieving officer to give her an 
 order for such attendance, but she was, in fact, attended during her confine- 
 ment by an uncertificated midwife, who was sent to her and paid by the 
 relieving officer. It was held that the relief afforded to his wife was “ medical 
 assistance ” within 48 & 49 Vict. ¢. 46, s. 2, and that the appellant was not 
 disqualified from being registered as a voter. FToneybone v. Hambridge, 18 
 
 Q. B. D. 418; 56 L. J. Q. B. 46; 51 J. P. 103. 
 
 The claimants during the qualifying period occupied almshouses in a borough, 
 and received out of a charitable fund for the sustenance of the inmates allow- 
 ances of 6s.a week, The charity was regulated by an Act of Parliament, 
 which provided that the inmates of the almshouses were to be persons who 
 from age, ill-health, accident, or infirmity, should be unable to maintain them- 
 selves. It was held that the facts showed a receipt of alms, which by the law 
 of Parliament disqualified from voting under 2 & 3 Will. 4, c. 45, s. 36. 
 Kdwards v. Lloyd, 20 Q. B. D. 302. 
 
 It is provided by section 33, post, that a person shall not be disentitled to be 
 enrolled as a burgess by reason only (a) that he has received medical or 
 surgical assistance from the trustees of the municipal charities, or has been 
 removed, by order of a justice, to a hospital or place for reception of the sick, 
 at the cost of any local authority, or(d) that his child has been admitted to and 
 taught in any public or endowed school. 
 
 (7) A borough constable may not vote ata municipal election in his borough 
 while he is a constable, or within six months after he has ceased to be such 
 constable (19 & 20 Vict. c. 69, s. 9), and it would appear that his name may 
 not be placed on the roll of burgesses. See Douwlon vy. Halse, 18 Q. B. D. 
 421; 56 L. J. Q. B. 41; 56 L. T. (a.s.) 340; 35 W. R. 502; 51 J. P. 183. 
 Unless it can be said that the 19 & 20 Vict. c. 69,8. 9, is one of the “ Acts 
 affecting the same” within the meaning of section 2 of the County Electors 
 Act, 1888, there is no prohibition against the enrolment of a county constable 
 in a burgess roll or roll of county electors. It is submitted that county con- 
 stables are not disqualified. 
 
 Persons may be “disentitled”’ within the meaning of the text under the 
 Corrupt Practices Acts, 46 & 47 Vict. c. 51, ss. 6,10; 47 & 48 Vict. c. 70, 
 ss. 2,7; the Felony Act, 33 & 34 Vict. c. 23,8. 2, and perhaps under some 
 
 other statutes. 
 Council ; Mayor, Aldermen, and Councillors. 
 10. (1) The municipal corporation of a borough shall be 
 capable of acting by the council of the borough, and the council 
 shall exercise all powers vested in the corporation by this Act 
 or otherwise, | 
 
45 & 46 Vict.c. 50. 211 
 
 (2) The council shall consist of the mayor, aldermen, and Sect. 10. 
 councillors. Sus-S, 2. 
 
 It is provided by the Local Government Act, section 1, ante, p. 1, that a eae 
 council shall be established in every county, and shall consist of the chairman, “°" oil 
 aldermen, and councillors. And, by section 2, the council of a county and the COUNCU. 
 members thereof shall be constituted and elected and 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 to various modifications which are indi- 
 eated throughout this volume. ‘The county council is incorporated by section 
 79 of the Local Government Act, ante, p. 141. 
 
 11, (1) The councillors shall be fit persons elected by the Qualifica- 
 
 tion of 
 burgesses, See 
 
 (2) (a) A person shall not be qualified to be elected or to be “lors. 
 a councillor, unless he— 
 
 (a) Is enrolled and entitled to be enrolled as a burgess ;(b) 
 or 
 
 (0) Being entitled to be so enrolled in all respects except 
 that of residence, is resident beyond seven miles but 
 within fifteen miles of the borough, and is entered in 
 the separate non-resident list directed by this Act to 
 be made ;(c) and 
 
 (c) In either of those cases, is seized or possessed of real or 
 
 | personal property, or both, to the value or amount, in 
 the case of a borough having four or more wards, (d) 
 of one thousand pounds, and in the case of any other 
 borough, of five hundred pounds, or is rated to the 
 poor rate in the borough, in the case of a borough 
 having four or more wards, on the annual value(e) of 
 thirty pounds, and in the case of any other borough 
 of fifteen pounds. 
 
 (3) Provided, that every person shall be qualified to be 
 elected and to be a councillor, who is, at the time of election, 
 qualified to elect to the office of councillor; which last men- 
 tioned qualification for being elected shall be alternative for 
 and shall not repeal or take away any other qualification.(/) 
 
 (4) But if a person qualified under the last foregoing proviso 
 ceases for six months to reside in the borough, he shall cease 
 to be qualified under that proviso, and his office shall become 
 vacant, unless he was at the time of his election and continues 
 to be qualified in some other manner. 
 
 (a) This section contains three qualifications of a councillor. These are :— 
 
 (1) Enrolment as a burgess and possession of the property qualification. 
 P2 
 
212 
 
 Sect. 11. 
 NOTE, 
 
 The Mumeipal Corporations Act, 1888. 
 
 (2) Enrolment in the non-resident list and possession of the property 
 qualification. 
 
 (3) The right to elect to the office of councillor without property qualification, 
 but subject to this modification, that the office shall become vacant 
 after six months’ non-residence. 
 
 To these qualifications must now be added certain others provided by the 
 Local Government Act, section 2, ante, p. 2. 
 
 (4) Being a peer owning property in the county. 
 
 (5) Registration as a parliamentary voter in respect of the ownership of 
 property. 
 
 (b) The right of a person to be enrolled as a burgess depends upon section 9, 
 as amended by the County Electors Act, 1888. See the notes to that section, 
 ante. 
 
 The mere fact of enrolment on the burgess roll is not sufficient. The 
 candidate must also be entitled to be enrolled. If a person is on the roll but 
 not entitled to be enrolled, he is not qualified to be a councillor, but in that 
 case he is not liable to penalties under section 41 (2), post. See Middleton v. 
 Simpson, 5 C. P. D. 183; 49 L. J. C. P. 312; 28 W. R. 629; 44 J. P. 251. 
 
 It is sufficient to entitle a person to be nominated for the office of councillor 
 that, if otherwise duly qualified, he is enrolled in the burgess roll at the time 
 of the election, though his name may not be upon the burgess roll which was 
 in force at the time of his nomination. Budge v. Andrews, 3 C. P. D. 510; 
 471. J. C, P. 586; 39 L, T. Gis.) 166. 
 
 (c) The separate non-resident list is made out under section 49, post. Ina 
 borough, in order that a person may be entitled to be placed on that list, he 
 must be duly qualified to be a burgess in all respects save that of residence, 
 and he must reside within 15 miles of the borough. 
 
 A similar list. is to be made for a county. It is provided by the Local 
 Government Act, section 76, sub-section (12), ante, that the above section 
 shall include, for the purposes of that Act, all persons entered in such separate — 
 list for any municipal borough by reason of occupation of property in the 
 borough, and all persons entered in such separate list for any part of a 
 county not in a municipal borough by reason of the occupation of property 
 in that part. 
 
 By the County Electors Act, 1888, section 12, a list of persons occupying 
 property in a county and residing within 15 miles, but more than seven miles 
 from the county, shall be made out in accordance with section 49 of the Muni- 
 cipal Corporations Act, 1882. But by the Local Government Act, section 76, 
 sub-section (6), it is provided that nothing in that section shall apply to any 
 person occupying property within a borough. See the several sections and 
 the notes to them in this work. 
 
 (d) In applying this section to county electors this phrase must be read, 
 “in the case of a county having four or more electoral divisions.” See the 
 Local Government Act, section 2, ante, p. 2. 
 
 (e) This means rateable value. Buker v. Marsh, 4 E & B, 144; 24 L. J. 
 Q. B. 1; 1 Jur. (W.8s.) 44; 3 W. R. 13; 19 J. P. 117. The poor rate in the 
 case of county electors may, apparently, be the poor rate of any parish in the 
 county. But the real or personal estate need not be within the county. 
 
 (7) The words “ qualified to elect’’ in this proviso are not equivalent to 
 “entitled to vote.” Therefore a person who, though not qualitied to be a 
 burgess, had been enrolled on the burgess roll, and was therefore entitled to 
 vote under section 51, post, was not qualified to be a councillor under this 
 proviso. Hlintham v. Roxwburgh, 17 Q. B. D. 44; 55 L. J. Q. B. 472; 
 54 L. T. (N.S.) 797; 34 W. R. 543; 80 J. P. 311. 
 
 Note that this qualification need only exist at the time of election. The 
 subsequent loss of the qualification to elect will not affect the right to sit and 
 act as councillor so long as the councillor resides in the county as required 
 by the next sub-section, } 
 
45 d 46 Vict. c. 50. 913 
 
 12. (1) A person shall be disqualified(a) for being elected Sect. 12. 
 
 and for being a councillor, if and while he— 
 (a) Is an elective auditor(d) or a revising assessor,(c) or 
 
 Disqualifi- 
 cations for 
 
 holds any office or place of profit, other than that of being 
 mayor or sheriff, in the gift or disposal of the coumcillor. 
 
 council ;(d¢) or 
 
 (b) Is in holy orders, or the regular minister of a dissenting 
 congregation ;(¢) or 
 
 (c) Has directly or indirectly, by himself or his partner, any 
 share or interest in any contract or employment with, 
 by, or on behalf of the council :(/) : 
 
 (2) But a person shall not be so disqualified, or be deemed 
 to have any share or interest in such a contract or employ- 
 ment, by reason only of his having any share or interest in— 
 
 (a) Any lease, sale, or purchase of land, or any agreement 
 for the same ;(g) or 
 
 (b) Any agreement for the loan of money, or any security for 
 the payment of money only ;(/) or 
 
 (c) Any newspaper in which any advertisement relating to 
 the affairs of the borough or council is inserted; or 
 
 (d) Any company which contracts with the council for 
 lighting or supplying with water or insuring against 
 fire any part of the borough ;(2) or . 
 
 (ec) Any railway company, or any company incorporated by 
 Act of Parliament or Royal Charter, or under the 
 Companies Act, 1862. 
 
 (a) These are not the only disqualifications for being councillor. Other 
 disqvalifications arise under the Corrupt Practices Acts, 46 & 47 Vict. c. 51, 
 ss. 6,10; 47 & 48 Vict. c. 70, ss. 2, 7; the Felony Act, 33 & 34 Vict. c. 23, 
 s. 2; the Bankruptcy Act, 46 & 47 Vict. c. 52,8. 32. A woman cannot be 
 elected. See section 63, post, and the notes thereto, A county coroner may 
 not be a member of the council of his county. See the Local Government 
 Act, 8. 5, ante, p. 15. 
 
 (db) See section 25, post. 
 
 (c) Revising assessors will no longer be elected. See section 29, post, and 
 the County Electors Act, 1888, s. 4. 
 
 (d) This provision disqualifies the clerk, treasurer, and other officers of the 
 council. But it is submitted that it does not disqualify the mayor’s auditor, 
 who must, under section 25, be a member of the council, though he may 
 receive remuneration for his services under this Act, or under the Public 
 Health Act, 1875, s. 246. 
 
 (e) This will not apply to county councillors. See the Local Government 
 Act, 8. 2, ante, p. 2. It will still apply to borough councillors. It has been 
 held that a person appointed to officiate occasionally or temporarily to a dis- 
 senting congregation is not disqualified. Reg. v. Oldham, L. R. 4 Q. B. 290: 
 38 L. J. Q. B, 125. 
 
914 
 Sect. 12. 
 N 
 
 OTE 
 
 The Municipal Corporations Act, 1882. 
 
 (/) The following cases decided with reference to the Act of 1835, and to 
 similar provisions in other Acts, may be referred to as illustrating the meaning 
 of the text :— 
 
 A trustee of a turnpike road let his horse and cart at a certain sum to a con- 
 tractor for works on a road, to be used in the performance of the works. It 
 was held that he was liable to a penalty as being interested in a contract with 
 the turnpike trustees. Zowsey v. White, 5 B. & C. 125. 
 
 A contract entered into with a person as trustee for a councillor is within the 
 provision in the text. Simpson v. Ready, 12 M. & W. 736; 13 L. J. Ex. 193. 
 
 The text applies to a contract with the council under which a councillor has 
 been employed and has acted, though the contract is one which should be 
 sealed, and it is not sealed. Where such a contract arises, the disqualification 
 arises de die in diem. Reg. v. Francis, 18 Q. B. 526; 21 L. J. Q. B. 304; 16 
 Jur. 1046. 
 
 An alderman of a borough sold some iron to a party who had contracted to 
 supply the corporation with iron railings, and who purchased the iron for the 
 purpose of performing his contract. It was held that the alderman had not 
 an interest in a contract with the council. Le Fewvre v. Lankester, 3 BE. & B. 
 530; 23 L. J. Q. B. 254; 18 Jur. 894; 18 J. P. 198; but see Zomkins v. Joliffe, 
 infra. 
 
 A single bargain—as if the council bought a brush in a shop—would not 
 disquality the seller, though the price had not been paid. Per ALDERSON and 
 BRAMWELL, BB., in Woolley v. Kay, 1 H. R. 307; 25 L, J. Ex. 351; 20 J.P. 
 776; but see Lewis v. Carr, infra. 
 
 An invoice addressed to town commissioners for several separate quantities 
 of lime supplied at different times during four months was held to be sufficient 
 evidence of interest in a contract with the commissioners. Wicholson v. Field, 
 7H. &N. 810; 31 L. J. Ex. 233; 10 W. R. 304. 
 
 A person who had entered into a contract with the Corporation of Dublin 
 was held disqualified to be elected a member of that corporation, though he had 
 before the election, but without the privity of the corporation, assigned his 
 contract to a third person. Reg. v. Franklin, 6 Ir. Rep. C. L. 239. 
 
 The disqualification applies only during the continuance of the contract, so 
 that a councillor, does not, by becoming interested in a contract, cease to be 
 qualified or become disqualified within the meaning of section 41, so as to 
 incur penalties for acting after the termination of the contract. Lewis vy. 
 Carr, 1 Ex. D, 484; 46 L. J. Ex. 314; 36 L. T. (w.8.) 44; 24 W. R. 940. 
 
 Where a member of a local board received payments from the board for 
 work done for the surveyor of the board, the work consisting of the use of 
 men and horses at intervals during two years, it was held that he was interested 
 in a contract with the board. Pletcher v. Hudson, 7 Q. B. D. 611 ee Bs Waa 
 Q. B. 48; 46 L. T. (a.8.) 125; 30 W. R. 349; 46 J. P. 372. 
 
 The brother of the defendant entered into a contract with a metropolitan 
 vestry, and in order to enable him to carry it out borrowed money of the 
 defendant, who by way of security took an assignment of the contract. After- 
 wards the defendant was elected a member of the vestry. It was held that he 
 was interested in a contract with the vestry. Hunnings v. Williamson, 11 
 Q. B. D. 533; 52 L. J. Q. B. 416; 49 L, T. Qs) 361; 82 W. R. 267; 48 
 PUP. Aor 
 
 A contract between a corporation and a member is probably void. Mellis v. 
 Shirley Local Board, 16 Q. B. D. 446; 55 C. J. Q. B. 143; 53 L, T. (w.8.) 
 810; 34 W. R. 187; 50 J. P. 214. 
 
 C. contracted with a local board to make certain alterations to gas fittings 
 in a town hall. C. employed the defendant, who was a member of the board 
 and a builder, to erect scaffolding for the purpose of enabling him to effect the 
 alterations. It was held by FIED, J., that the defendant was interested in a 
 contract with the board. Yomkins vy. Joliffe, 51 J. P. 247. 
 
 By the terms of contracts entered into with 2 local authority, the surveyor 
 was to receive from the contractors, in respect of bills of quantities to be 
 prepared by him, percentages on the amounts he should certify to be due to 
 
45 ¢ 46 Vict. c. 50, 215 
 
 such contractors by the local authority ; it was held that the surveyor was Sect. 12. 
 interested or concerned in the contracts. And where he was employed, apart NorTE. 
 from his ordinary duties, to superintend the construction of certain drainage — 
 works as engineer of the local authority, who were to remunerate him by a 
 percentage on the outlay, it was held that he was interested in the contract for 
 the work. Whiteley v. Barley, 21 Q. B. D. 155. 
 
 (g) Under the Public Health Act, 1875, it has been held that a member of 
 a local board is not disqualified by the lease to him of a sewage farm containing 
 covenants on the part of the board to supply, and on his part to use, the sewage 
 of the district. Reg. v. Gaskarth, 5 Q. B. D. 321; 49 L. J. Q. B. 409; 42 
 L. T. (4.8.) 688; 28 W. R. 596; 44 J. P. 507. 
 
 The text would probably cover such cases as the letting of rooms or offices to 
 the council. See Burgess v. Clark, 14 Q. B. D. 7385; 33 W. R. 269; 49 
 J. P. 388. 
 
 (A) L. contracted with certain commissioners to supply a town with water. 
 This contract not having been fully carried out, he gave it up-by deed to the 
 commissioners, they agreeing to pay him a certain balance if they abandoned 
 tae works or completed them, and obtained a specific quantity of water. The 
 deed contained releases by L., and covenants by L., not to molest the com- 
 missioners, &c. The works remained incomplete, but not abandoned. It was 
 held that the deed was only a security for a sumof money. Le Feuvre v. 
 Lankester, supra. 
 
 (2) But for this provision a councillor could not have -held shares in a gas 
 or water company contracting with the council. See Zodd v. Robinson, 14 
 Q. B.-D. 739; 54 L. J. Q. B. 47; 52 L. T. (.8.) 120; 49 J. P. 278. 
 
 13. (1) The term of ‘office of a councillor shall be three Term of 
 ears office and 
 4 ; rotation of 
 
 (2) On the ordinary day of election of councillors in every councillors 
 year one-third of the whole number of councillors for the 
 borough or for the ward, as the case may be, shall go out of 
 office, and their places shall be filled by election. 
 
 (3) The third to go out shall be the councillors who have 
 been longest in office without re-election. 
 
 It is provided by the Local Government Act, s. 2, ante, p. 2, that county 
 councillors shall be elected for a term of three years, and shall then retire 
 
 together, and their places shall be filled by a new election. The above section 
 does not, therefore, apply to county councillors. 
 
 14, (1) The aldermen shall be fit persons elected by the Number, 
 
 : term of 
 council. (a) office, and 
 
 (2) The number of aldermen shall be one-third of the rotation of 
 number of councillors.(d) eps 
 
 (3) A person shall not be qualified to be elected or to be an 
 alderman unless he is a councillor or qualified to be a coun- 
 cillor. 
 
 (4) If a councillor is elected to, and accepts, the office of 
 alderman he vacates his office of councillor. 
 
 (5) The term of office of an alderman shall be six years. 
 
216 
 Sect. 14. 
 
 SUB-S, 6. 
 
 Qualifica- 
 tion, term 
 of office, 
 salary, 
 procedure, 
 and powers 
 of mayor, 
 
 The Mumeipal Corporations Act, 1882. 
 
 (6) On the ordinary day of election of aldermen in every 
 third year one-half of the whole number of aldermen shall go 
 out of office, and their places shall be filled by election.(c) 
 
 (7) The half to go out shall be those who have been alder- 
 men for the longest time without re-election. 
 
 (a) Ina county council the aldermen are to be called county aldermen. 
 
 (4) In London the number is to be one-sixth. See the Local Government 
 Act, 8. 40, sub-section (5), ante, p. 75. 
 
 (c) As to the election of aldermen, see section 60, post. As to the election 
 of an alderman to fill a casual vacancy, see section 40, post. The ordinary day 
 of election of aldermen in a borough is the 9th November ; but in a county it 
 is the 7th November. See the Local Government Act, s. 75, sub-sect. (13), 
 ante, p.-128. As to the first election of county aldermen, see the Local 
 Government Act, section 105, ante, p. 170. 
 
 It would appear that an alderman may be elected a councillor. See Reg. v. 
 Bangor (Mayor of), 18 Q. B. D. 349. 
 
 15, (1) The mayor shall be a fit person elected by the 
 council from among the aldermen or councillors or persons 
 qualified to be such. : 
 
 (2) An outgoing alderman is eligible. 
 
 (3) The term of office of the mayor shall be one year, but he 
 shall continue in office until his successor has accepted office 
 and made and subscribed the required declaration. 
 
 (4) He may receive such remuneration as the council think 
 reasonable. 
 
 (5) He shall, subject to the provisions of this Act respecting 
 justices, have precedence in all places in the borough. 
 
 (6) The mayor of a borough named in the schedules to the 
 Municipal Corporations Act, 1835, shall be capable in law to 
 do and suffer all acts which the chief officer of the borough 
 might at the passing of that Act lawfully do or suffer, as far as 
 the same were not altered or annulled by that Act, or have not 
 been altered or annulled by any subsequent Act. 
 
 In a county council there will be a chairman instead of a mayor. He may 
 be elected from within or without the council. His term of office is to be one 
 year, and apparently the text will enable and require him to remain in office 
 until his successor has made the declaration. (See Sched. 8, post.) He will 
 be a justice by virtue of his office. See the Local Government Act, s. 2, ante, 
 p. 4. As to the first election of chairman of a county council, see the Local 
 Government Act, 8s. 105, ante, p. 170. 
 
 Sub-section (5) is not to apply to the chairman of a county council. See the 
 Local Government Act, s. 75, sub-sect. (16), ante, p. 128. 
 
 Sub-section (6) of the above section has no application to the chairman of 
 a county council. 
 
 As to the remuneration of the mayor or the chairman of a county council, 
 see Attorney-General v. Blackburn (Corporation of), 57 L. T. (N.8.) 385. 
 
45 & 46 Vict. c. 50. 917 
 
 In that; case a corporation voted a sum of money to the mayor by way of §ect. 15. 
 remuneration, at the same time resolving that the mayor should be requested NoTE 
 to take such steps as he might deem proper for the due celebration of Her — 
 Majesty’s Jubilee. Some of the burgesses moved to restrain the corporation 
 
 from applying any part of the borough fund for this purpose, but it was held 
 
 that the provisions of the Act had not been contravened, and an interlocutory 
 injunction was refused. 
 
 16. (1) The mayor may from time to time appoint an alder- Power of 
 man or councillor to act as deputy mayor during the illness or nee pane 
 absence of the mayor. deputy. 
 
 (2) The appointment shall be signified to the council in 
 writing and be recorded in their minutes. ; 
 
 (3) A deputy mayor may, while acting as such, do all acts 
 which the mayor as such might do, except that he shall not 
 take the chair at a meeting of the council unless specially 
 appointed by the meeting to do so, and shall not, unless he is 
 a justice, act as a justice, or in any judicial capacity. 
 
 This section does not apply to county councils, having regard to the Local 
 .Government Act, section 75, sub-section (16). Section 2 of that Act, ante, p. 4, 
 
 enables theicouncil to appoint a vice-chairman. See also section 88 of that 
 Act as to the deputy chairman in London. 
 
 Officers of Council. 
 
 17. (1) The council shall from time to time appoint a fit The town 
 person, not a member of the council, to be the town clerk of peetiee 
 the borough. 
 
 (2) The town clerk shall hold office during the pleasure of 
 the council. 
 
 (3) He shall have the charge and custody of, and be respon- 
 sible for, the charters, deeds, records, and documents of the 
 borough, and they shall be kept as the council direct. 
 
 (4) A vacancy in the office shall be filled within twenty-one 
 days after its occurrence. 
 
 (5) In case of the illness or absence of the town clerk, the 
 council may appoint a deputy town clerk, to hold office during 
 their pleasure. 
 
 (6) All things required or authorised by law to be done by 
 or to the town clerk may be done by or to the deputy town 
 clerk. 
 
 The officer of a county council corresponding to the town clerk is the clerk 
 of the council, who in all counties, except London, will also be the clerk of the 
 
The 
 treasurer, 
 
 Other 
 borough 
 officers. 
 
 Security 
 by and 
 remunera- 
 tion of 
 officers, 
 
 Account- 
 ability of 
 officers. 
 
 The Municipal Corporations Act, 1882. 
 
 peace. The appointment of the clerk of the council and the deputy clerk, and 
 their duties, are regulated by the Local Government Act, section 83, ante, 
 p. 145. 
 
 By the Local Government Act, section 75, ante, p. 129, it is provided that 
 nothing in the above section shall apply to the county council. 
 
 18, (1) The council shall from time to time appoint a fit 
 person, not a member of the council, to be the treasurer of the 
 borough. 
 
 (2) The treasurer shall hold office during the pleasure of the 
 council. 
 
 (3) A vacancy in the office shall be filled within twenty-one 
 days after its occurrence. 
 
 (4) The offices of town clerk and treasurer shall not be held 
 by the same person. 
 
 The Local Government Act, section 75, ante, p. 129, provides that this section 
 shall not apply to the county treasurer, but if the county council so resolve, the 
 
 above section is to supersede the existing enactments with respect to the county 
 treasurer. 
 
 19, The council shall from time to time appoint such other 
 officers as have been usually appointed in the borough, or as 
 the council think necessary, and may at any time discontinue 
 the appointment of any officer appearing to them not necessary 
 to be re-appointed. 
 
 In applying this section to a county council, the provisions of the Local 
 Government Act, sections 118, 119, ante, p. 184, as to existing officers and 
 
 compensation, must be borne in mind. By section 120, if the county council 
 abolish the office of any existing officer, they must pay him compensation. 
 
 20. The council shall require every officer appointed by them 
 to give such security as they think proper for the due execution 
 of his office, and shall allow him such remuneration as they 
 think reasonable. 
 
 It is provided by the Local Government Act, section 119, ante, p. 188, that 
 existing officers, 7.¢., officers transferred to the county councils under that Act, 
 shall hold their offices by the same tenure, and upon the same terms and condi- 
 tions, as if that Act had not passed. The above section, in so far as it applies 
 to security, will not apply to an existing officer who has not hitherto given 
 security. But upon new appointments to any oftices security must be taken, 
 the amount and nature of the security being in the discretion of the county 
 council. 
 
 , 
 
 91, (1) Every officer appointed by the council shall at such 
 times during the continuance of his office, or within three 
 months after his ceasing to hold it, and in such manner as the 
 
45 & 46 Vict. c. 50. 
 
 919 
 
 council direct, deliver to the council, or as they direct, a true Sect. 21. 
 
 account in writing of all matters committed to his charge, an 
 of his receipts and payments, with vouchers, and a list of 
 persons from whom money is due for purposes of this Act in 
 connection with his office, showing the amount due from 
 each. 
 
 (2) Every such officer shall pay all money due from him to 
 
 the treasurer, or as the council direct. 
 
 (3) If any such officer— 
 
 (a) Refuses or wilfully neglects to deliver any account or list 
 which he ought to deliver, or any voucher relating 
 thereto, or to make any payment which he ought to 
 make; or 
 
 (b) After three days’ notice in writing, signed hy the town 
 clerk or by three members of the council, given or left 
 at his usual or last known place of abode, refuses or 
 wilfully neglects to deliver to the council, or as they 
 direct, any book or document which he ought so to 
 deliver, or to give satisfaction respecting it to the 
 council, or as they direct; 
 
 a court of summary jurisdiction having jurisdiction where the 
 ‘officer is or resides may, by summary order, require him to 
 make such delivery or payment, or to give such satisfaction. 
 
 (4) But nothing in this section shall affect any remedy by 
 
 action against any such officer or his surety, except that the 
 officer shall not be both sued by action and proceeded against 
 summarily for the same cause. 
 
 This section will apply to officers of the county council. 
 
 The phrase “ court of summary jurisdiction” is not defined by the Act, but 
 by the Summary Jurisdiction Act, 1879, section 51, sub-section (3), it is pro- 
 vided that, in any future Act, a “court of summary jurisdiction” shall mean 
 justices acting under the Summary Jurisdiction Acts, and those Acts shall 
 apply accordingly. 
 
 Meetungs and Proceedings of Council; Committees. 
 
 d SUB -S. 1. 
 
 92. (1) The rules in the Second Schedule shall be Quarterly 
 
 observed.(a) 
 (2) The council may from time to time appoint out of their 
 own body such and so many committees, either of a general or 
 
 and other 
 meetings 
 of council, 
 appoint- 
 ment of 
 
 special nature, and consisting of such number of persons, as © 
 
 they think fit, for any purposes which, in the opinion of the 
 
 mittees, 
 minutes, 
 
220 
 
 The Municipal Corporations Act, 1882. 
 
 Sect. 22. council, would be better regulated and managed by means of 
 
 SuB-S. 2 
 
 ‘ such committees ;(b) but the acts of every such committee shall 
 
 be submitted to the council for their approval.(c) 
 
 (3) A member of the council shall not vote or take part in 
 the discussion of any matter before the council, or a committee, 
 in which he has, directly or indirectly, by himself or by his 
 partner, any pecuniary interest.(d) 
 
 (4) No act or proceeding of the council, or of a committee, 
 shall be questioned on account of any vacancy in their body. 
 
 (5) A minute of proceedings at a meeting of the council, or 
 of a committee, signed at the same or the next ensuing meeting 
 by the mayor, or by a member of the council, or of the com- 
 mittee, describing himself as, or appearing to be, chairman of 
 the meeting at which the minute is signed, shall be received in 
 evidence without further proof.(e) 
 
 (6) Until the contrary is proved, every meeting of the 
 council, or of a committee, in respect of the proceedings 
 whereof a minute has been so made, shall be deemed to have 
 been duly convened and held, and all the members of the 
 meeting shall be deemed to have been duly qualified; and 
 where the proceedings are proceedings of a committee, the 
 committee shall be deemed to have been duly constituted, and 
 to have had power to deal with the matters referred to in the 
 minutes. 
 
 (a) See this schedule, post. 
 
 (bd) This provision will apply to county councils. As to the appointment 
 of joint committees by county councils or quarter sessions, see the Local 
 Government Act, section 81, ante, p. 143, and as to the proceedings of such 
 committee, see section 82. As to the standing joint committee, see section 30, 
 ante, p. 52. 
 
 AS a the first and other meetings of the county provisional councils, see the 
 Local Government Act, section 105, ante, p. 170. 
 
 By the Local Government Act, section 28, ante, p. 51, the county council 
 shall have power to delegate, with or without any restrictions or conditions, as 
 they may. think fit, any powers or duties transferred to them by that Act, to 
 any committee, except the power of raising money, by rate or loan. 
 
 (c) The acts and proceedings of the standing joint committee need not be ' 
 submitted to the county council for their approval. (Local Government Act, 
 section 75, ante, p. 129.) Every committee of a county council is required to 
 report its proceedings to the council, but to the extent to which the council so 
 direct the acts and proceedings of the committee shall not be required by the 
 provisions of the Municipal Corporations Act, 1882, to be submitted to the 
 council for their approval. (Local Government Act, section 82, ante, p. 145.) 
 
 (d) It has already been pointed out that a member of the council is dis- 
 qualified by any interest in a contract with the council. (See section 12, ante, 
 p. 213.) But there are certain excepted interests which do not disqualify, and 
 the provisions in the text will apply to these. 
 
 (e) As to the taking and signing of the minutes, see Schedule 2, r. 12, post, 
 
* # 
 
 eS 
 
 45 ¢ 46 Vict. c. 50. 
 
 Bye-laws.(a) 
 
 23, (1) The council may, from time to time, make such bye- Bett. 28: 
 UB 
 
 laws as to them seem meet for the good rule and government 
 
 221 
 
 of the borough, and for prevention and suppression of Power of 
 
 . , . council to 
 nuisances(d) not already punishable in a summary manner by make 
 
 virtue of any Act in force throughout the borough, and may Pye-laws. 
 
 thereby appoint such fines, not exceeding in any case five 
 pounds, as they deem necessary for the prevention and 
 suppression of offences against the same. 
 
 (2) Such a bye-law shall not be made unless at least two- 
 thirds of the whole number of the council are present. 
 
 (3) Such a bye-law shall not come into force until the 
 expiration of forty days after a copy thereof has been fixed on 
 
 the town hall. 
 
 (4) Such a bye-law shall not come into force until the 
 expiration of forty days after a copy thereof, sealed with the 
 corporate seal, has been sent to the Secretary of State; and if 
 within those forty days the Queen, with the advice of Her 
 Privy Council, disallows the bye-law or part thereof, the bye- 
 law or part disallowed shall not come into force; but it shall 
 be lawful for the Queen, at any time within those forty days, 
 to enlarge the time within which the bye-law shall not come 
 into force, and in that case the bye-law shall not come into 
 force until after the expiration of that enlarged time. 
 
 (5) Any offence against such a bye-law may be prosecuted 
 summarily.(c) 
 
 - (6) Nothing in this section shall interfere with the operation 
 of section one hundred and eighty-seven of the Public Health 
 Act, 1875; and that section shall have effect as if this section 
 were therein referred to, instead of section ninety of the Muni- 
 cipal Corporations Act, 1835; but nothing in the Public Health 
 Act, 1875, shall be construed as having restricted the meaning 
 or scope of the Municipal Corporations Act, 1835, or as 
 restricting the meaning or scope of this section, with respect to 
 prevention or suppression of nuisances.(d) 
 
 a) The Local Government Act, section 16, provides that a county council 
 shall have the same power of making bye-laws in relation to their county, or 
 to any specified part or parts thereof, as the council of a borough have of 
 
 making bye-laws in relation to their borough, See the section and the notes 
 
 thereto, ante, p. 31. 
 By section 85 of the Local Government Act the provisions of sub-section (1) 
 
222 
 
 The Municipal Corporations Act, 18892, 
 
 Sect. 28. of this section in so far as it gives power to a council (whether town 
 
 OTE. 
 
 es 
 
 council or county council) to make bye-laws regulating the use of bicycles and 
 tricycles, are repealed. See this section, ante, p. 149. 
 
 (6) It will be observed that the bye-laws are of two kinds, one for the good 
 rule and government of the borough, and one for the suppression of nuisances. 
 The distinction is important, for, as will be seen hereafter, the two kinds are 
 differently confirmed, at least in a borough. 
 
 A bye-law made under this section provided that “every person who shall 
 sound, or play upon any musical instrument, or sing or make any noise in any 
 street, or near any house after having been required by any householder 
 resident in such street or by any police constable to desist, either on account of 
 any illness of any inmate of such house or for any reasonable cause. G., a 
 captain in the Salvation Army, was convicted under this bye-law for playing a 
 concertina on a Sunday morning, surrounded by a large crowd, after a police 
 constable had required him to desist, telling him at the same time that he had 
 reasonable cause for so doing, as several complaints had been made by the 
 inhabitants. It was held that the bye-law was reasonable, and that it was for 
 the justices to decide whether there was reasonable cause. Reg. v. Powell, 
 51 L. T. (v.s.) 92; 48 J. P. 740. 
 
 A bye-law provided that no person, not being a member of Her Majesty’s 
 army or auxiliary forces, acting under the orders of his commanding officer, 
 shall sound or play upon any musical instrument in any of the streets of the . 
 borough on Sunday. It was held that such bye-law was unreasonable and 
 ultra vires and therefore void. Johnson v. Croydon (Mayor of), 16 Q. B. D. 
 708; 55 L.J.M.C. 117; 54 L. T. (.8.) 295 ; 50 J. P. 487. 
 
 A bye-law that parents should be liable to a penalty if they suffered a child 
 to sell articles in the street after a certain hour was held to be wltra vires. 
 Macdonald v. Lochrane, 51 J. P. 629. 
 
 A bye-law made by a town council provided that every person who in any 
 street should sound or play upon any musical or noisy instrument, or should 
 sing, recite, or preach in any street without having previously obtained a 
 license in writing from the mayor; and every person who having obtained 
 such license should fail to observe, or should act contrary to any of the 
 conditions of such license, should forfeit a sum not exceeding 20s. It was 
 held that this bye-law was unreasonable and wltra vires, and therefore void. 
 Munro v. Watson, 57 L. T. (W.8.) 366 ; 51 J. P. 660. 
 
 A bye-law which forbade the keeping of swine within a borough was held 
 bad. Hverett v. Grapes, 3 L. T. (N.S.) 669; 25 J. P. 644. 
 
 A bye-law that no person should erect any booth for the purpose of any 
 show or public entertainment in any place within a borough without license 
 from the mayor, which license should only be given during the annual fair 
 time, if any three inhabitants objected, was held void. iwood vy. Bullock, 
 6 Q. B. 383; 13 L. J. Q. B. 330; 8 Jur. 1044. 
 
 The following bye-law was held valid : “ If any butcher or dealer in meat, 
 or any fishmonger, poulterer, or other person, shall expose or offer for sale on 
 his premises, or have in his possession with intent to sell or to expose for sale, 
 any meat, fish, poultry, or other victuals or provisions unfit for the food of 
 man, he shall be subject to a penalty, to be recovered before two justices, 
 who shall decide on the unfitness.” Shéllito v. Thompson, 1 Q. B. D, 12; 
 45 L. J. Q. B. 18; 33 L. T. (N.8.) 5065 24 W. Re oe, 
 
 A bye-law may be good in part. R. v. Haversham, 8 T. R. 352; Reg. v. 
 Inundie, 31 L. J. M. C. 157; 8 Jur. (8.) 640; 5 L. T. Gs.) 830; 
 10 W. R. 267. 
 
 A bye-law in restraint of trade is bad. Hesketh v. Braddock, 3 Burr. 1847 ; 
 Bodwich v. Fennell, 1 Wils. 233; Clark v. Le Cren, 9 B. & C. 52; Shaw v. 
 Poynter, 2 A, & FE. 312. But a mere regulation not in restraint of trade, as 
 that no person should slaughter animals within a city, is valid. Pierce v. 
 Bartrum, Cowp. 269. 
 
 (c) That is, in manner provided by the Summary Jurisdiction Acts. - See 
 section 219, post. The council cannot summon offenders before them to answer 
 
45 ¢ 46 Vict. c. 50. 223 
 
 complaints for offences against the bye-laws. Zn re Wiseman, Times L. R. Sect. 23. 
 
 vol. iii. p. 12 ; and see the Local Government Act, s. 78, ante, p. NOTE. 
 (d) Section 187 of the Public Health Act, 1875, is as follows :— a 
 “ Bye-laws made by the council of any borough under the provisions of section 
 
 90 of the Act of the 6th year of King William the 4th, c. 76, for the prevention 
 
 and suppression of certain nuisances, shall not be required to be sent toa 
 
 - Secretary of State, nor shall they be subject to the disallowance in that section 
 
 mentioned ; but all the provisions of this Act relating to bye-laws shall apply 
 
 to the bye-laws so made as if they were made under this Act.” The meaning 
 
 of this provision, read with the text, is that while in a borough the bye-laws 
 
 relating to the good government of the borough are confirmed by a Secretary of 
 
 State, and may be disallowed by the Queen in Council as provided by sub- 
 
 section (4), swpra, bye-laws for the prevention and suppression of the nuisances 
 
 mentioned in sub-section (1) must be made in manner provided by the Public 
 
 Health Act, 1875, and must be confirmed by the Local Government Board 
 
 under section 184 of that Act. The Local Government Act, section 16, ante, 
 
 p. 31, which enables a county council to make bye-laws under the above section, 
 
 provides that section 187 of the Public Health Act, 1875, shall apply to such 
 
 bye-laws. Consequently, any bye-laws made by a county council for the 
 
 suppression and prevention of nuisances within the county must be made and 
 
 confirmed in manner provided by the Public Health Act. It is not quite clear, 
 
 however, whether bye-laws for the good government of the county are to be 
 
 made and confirmed in this manner, for section 187 of the Public Health Act 
 
 applies only to the other class of bye-laws. 
 
 24, The production of a written copy of a bye-law made by mre 
 the council under this Act, or under any former or present or ee ‘ 
 future general or local Act of Parliament, if authenticated by 
 the corporate seal shall, until the contrary is proved, be suffi- 
 cient evidence of the due making and existence of the bye-law, 
 and, if it is so stated in the copy, of the bye-law having been 
 approved and confirmed by the authority whose approval or 
 confirmation is required to the making or before the enforcing 
 of the bye-law. 
 
 This section will not apply to county bye-laws, for section 186 of the Public 
 Health Act applies to such bye-laws ; see ante, p. 33. Such bye-laws must be 
 authenticated by the seal of the county council. 
 
 The word “ written ” includes “ printed.” See section 7 of this Act and 
 section 99 of the Local Government Act, ante, p. 160. 
 
 Accounts and Audit. 
 
 25, (1) There shall be three borough auditors, two elected The 
 by the burgesses, called elective auditors, and one appointed peal 
 by the mayor, called mayor's auditor.(a) 
 
 (2) An elective auditor must be qualified to be a councillor, 
 but may not be a member of the council or the town clerk or 
 the treasurer. 
 
 (3) The mayor’s auditor must be a member of the council. 
 
 (4) The term of office of each auditor shall be one year. 
 
224 The Municipal Corporations Act, 1882. 
 
 ‘Sect..25. (5) The appointment of the mayor’s auditor shall be made 
 SuB-S.5. on the ordinary day of election of the elective auditors.(b) 
 (6) On a casual vacancy in his office an appointment to fill 
 it shall be made within ten days after the occurrence of the 
 vacancy.(c) 7 
 
 (a) The above section will have no application to a county council, for by 
 the Local Government Act, section 71, ante, p. 120, the accounts of county 
 councils are to be audited by the district auditors appointed by the Local 
 Government Board. But in county boroughs the above section will still apply, 
 for by the Local Government Act, section 34, ante, p. 62, Part IV. of that 
 Act relating to finance is not to apply to county boroughs. 
 
 There is no provision in the Municipal Corporations Act, 1882, relating to 
 the remuneration of the borough auditors. But by the Public Health Act, 
 1885, section 246, the borough auditors may be paid at a rate not exceeding 
 three guineas a day for auditing the accounts of the borough as urban sanitary 
 authority. 
 
 (b) The ordinary day for the election of borough auditors is the Ist March, 
 or such other day as the council, with the approval of the Local Government 
 Board, from time to time appoint. See section 62, post. 
 
 (c) As to the filling of casual vacancies, see sections 40 and 66, post. 
 
 as 96. The treasurer shall make up his accounts half-yearly to 
 ear ate such dates as the countil, with the approval of the Local 
 
 treasurer. Government Board, from time to time appoint ; and, subject to 
 any such appointment, to the dates in use at the commence- 
 ment of this Act. 
 
 The Local Government Act, section 71, ante, p. 120, provides that the 
 provisions of the Municipal Corporations Act, 1882, with respect to the 
 accounts of the treasurer of a borough shall apply to the accounts of a county 
 council. 
 
 The same section provides that the accounts of the receipts and expenditure 
 of county councils shall be made up to the end of each local financial year as 
 defined by that Act, and shall be in the form for the time being prescribed 
 by the Local Government Board. The local financial year is defined by 
 section 73, ante, p. 123. It will be observed that the accounts of county 
 councils are to be made out yearly, not halt-yearly. 
 
 The above section will, however, continue to apply to county boroughs 
 without alteration. 
 
 By section 233, post, the treasurer’s accounts may be inspected by any 
 member of the council. 
 
 Audit and Q7, (1) The treasurer shall within one month from the date 
 Eee to which he is required to make up his accounts in each half 
 treasurer’s year, Submit them, with the necessary vouchers and papers, to 
 accounts. the borough auditors, and they shall audit them. 
 
 (2) After the audit of the accounts for the second half of each 
 financial year the treasurer shall print a full abstract of his 
 accounts for that year. 
 
 This section will apply to county boroughs without alteration. With regard 
 
 to other county councils, the accounts are to be made out to the end of each 
 financial year, and are to be audited by the district auditors. Save to this 
 
45 € 46 Vict. c. 50. 
 
 extent the section will apply to county councils, for by the Local Government Sect. 27, 
 
 Act, section 71, ante, p. 120, the provisions of the Municipal Corporations Act, 
 with respect to the accounts of the treasurer of a borough and the abstract 
 thereof, are to apply to the accounts of the county council. 
 
 By section 233, post, all the ratepayers are entitled to inspect the abstract 
 and to obtain a copy on payment of a reasonable sum. 
 
 98. (1) The town clerk shall make a return to the Local Returns 
 
 Government Board of the receipts and expenditure of the ine 
 municipal corporation for each financial year. ment 
 Board, 
 
 (2) The return shall be made for the financial year ending on 
 the twenty-fifth of March, or on such other day as the Local 
 Government Board, on the application of the council, from 
 time to time prescribe. 
 
 (3) The return shall be in such form and contain such par- 
 ticulars as the Local Government Board from time to time 
 direct. 
 
 (4) The return shall be sent to the Local Government Board 
 within one month after the completion of the audit for the 
 second half of each financial year. 
 
 (5) If the town clerk fails to make any return required under 
 this section, he shall for each offence be liable to a fine not 
 exceeding twenty pounds, to be recovered by action on behalf 
 of the Crown in the High Court. 
 
 (6) The Local Government Board shall in each year prepare 
 an abstract of the returns made in pursuance of this section, 
 under general heads, and it shall be laid before both Houses of 
 Parliament. 
 
 This section will apply to county boroughs without alteration, save perhaps 
 that the financial year will end on the 31st March, after the appointed day. 
 See the Local Government Act, section 73, ante, p. 123. 
 
 The section will also apply to other county councils with certain modifica- 
 tions. See section 83 of the Local Government Act, ante, p. 145. The clerk 
 of the council must perform the duties of the town clerk. After the appointed 
 day the financial year will end on the 31st, not the 25th March. 
 
 Revising Assessors. 
 
 99. (1) In every borough whereof no part of the area is co- Revising 
 ASSESSOIS * 
 
 extensive with or included in the area of a parliamentary ‘ 
 
 (2) Every person shall be eligible who is qualified to be a 
 councillor and is not a member of the council or the town clerk 
 
 or treasurer. 
 Q 
 
 in non- 
 
 borough, there shall be two revising assessors elected by the parlia- 
 bur : mentary 
 Boos boroughs, 
 
226 The Mumcipal Corporations Act, 1882. 
 
 Sect.29. (3) The term of office of each revising assessor shall be one 
 SUB-D. 3. year. 
 
 (4) Every revising assessor shall, as soon as conveniently 
 may be after his election, and from time to time as occasion 
 requires, appoint, by writing signed by him, a person eligible to 
 the office of revising assessor, to be his deputy, to act for him 
 in case of his illness or incapacity to act. 
 
 (5) The appointment .shall be signified to the council in 
 writing, signed by the assessor, and be recorded in their 
 minutes. 
 
 This section is wholly repealed. The function of the revising assessors was 
 to assist the mayor in revising the burgess lists in boroughs to which the 
 41 & 42 Vict. c. 26, did not apply. But by the County Electors Act, 1888, 
 51 Vict. c. 10, the 41 & 42 Vict. c. 26, is now applied to every municipal 
 
 borough, and by section 4 it is provided that revising assessors for such 
 borough shall not be elected. 
 
 Division of Borough into Wards, or alteration of Wards. 
 
 Proceed- 30. (1) If two-thirds of the council of a borough agree to 
 
 ee of Petition, and the council thereupon petition, the Queen for the 
 
 borough division of the borough into wards, or for the alteration of the 
 
 into wards, number and boundaries of its wards, it shall be lawful for Her 
 
 ara Majesty from time to time, by Order in Council, to fix the 
 
 wards. § number of wards into which the borough shall be divided ; and 
 the borough shall be divided into that number of wards. 
 
 (2) Notice of the petition, and of the time when it pleases 
 Her Majesty to order that the same be taken into consideration 
 by Her Privy Council, shall be published in the London Gazette 
 one month at least before the petition is so considered. 
 
 (3) Where an Order in Council has been so made, the Secre- 
 tary of State shall appoint a commissioner to prepare a scheme 
 for determining the boundaries of the wards and apportioning 
 the councillors among them. 
 
 (4) In case of division into wards, the commissioner shall 
 apportion all the councillors among the wards. 
 
 (5) In case of alteration of wards, he shall so apportion 
 among the altered wards the councillors for those wards as to 
 provide for their continuing to represent as large a number as 
 possible of their former constituents. 
 
 (6) In either case, each councillor shall hold his office in the 
 ward to which he is assigned for the same time that he would 
 have held it had the borough remained undivided or the wards 
 unaltered. 
 
45 & 46 Vict. c. 50. 
 
 227 
 
 (7) In case of division into wards the returning officer at the peck ays 
 
 first election for each ward held after the division shall, not- 
 withstanding anything in this Act, be the mayor or a person 
 appointed by the mayor. 
 
 (8) If by reason of any division or alteration under this 
 section any doubt arises as to which councillor should go out 
 of office, the doubt may be determined by the council. 
 
 (9) The division of a borough into a greater number of wards 
 shall not affect the qualification of aldermen or councillors. 
 
 (10) The number of councillors assigned to each ward shall 
 be a number divisible by three; and in fixing their number the 
 commissioner shall, as far as he deems it practicable, have 
 regard as well to the number of persons rated in the ward as to 
 the aggregate rating of the ward. 
 
 (11) The commissioner shall make the scheme in duplicate, 
 and shall deliver one of the duplicates to the town clerk, and 
 shall send the other to the Secretary of State, to be submitted 
 by him to Her Majesty in Council for approval. 
 
 (12) The scheme shall be published in the London Gazette, 
 and shall come into operation at the date of that publication, 
 and thenceforth the boundaries of wards and apportionment of 
 councillors determined and made by the scheme shall be 
 observed and be in force. 
 
 (13) If Her Majesty in Council does not approve the scheme 
 as originally prepared by the commissioner, it shall neverthe- 
 less be published in the London Gazette, and shall be in force 
 for the purposes of any municipal election until Her Majesty 
 in Council, on further information and report from the com- 
 missioner, definitively approves a scheme in that behalf. 
 
 (14) The commissioner may administer oaths, and may 
 require any person having the custody of any book containing 
 a poor rate made for a parish to produce the book for his 
 inspection; and every person required by the commissioner to 
 answer any question put to him for the purposes of this section 
 shall answer it. 
 
 (15) The commissioner shall have remuneration as ap- 
 pearing by the Fourth and Fifth Schedules. 
 
 It is provided by the Local Government Act, section 2, ante, p. 1, that the 
 divisions of the county for the purpose of the election of county councillors 
 
 shall be called electoral divisions, and not wards, and one county councillor 
 only shall be elected for each electoral division, The same section further 
 
 Q 2 
 
228 The Mumeipal Corporations Act, 1882. 
 
 Sect. 30. provides that as respects the number of the county councillors, and the 
 Nots. boundaries of the electoral divisions in every county— 
 
 — (a) 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 ; and 
 
 (0) Any borough returning one councillor only shall be an electoral division ; 
 an 
 
 (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 that Act; and in the case 
 of elections after the first, to any alterations made, in accordance with the 
 said directions, in manner in this Act mentioned. 
 The directions here referred to are contained in section 51, ante, p. 92, and 
 future alterations of electoral divisions are to be effected in manner provided 
 by section 54, ante, p. 95. 
 
 It appears, therefore, that the above section will not apply to electoral 
 
 divisions. It will, of course, continue to apply to the division of boroughs 
 into wards. 
 
 Supplemental and Exceptional Provisions. 
 Occupa- 31, In and for the purposes of this Act— 
 
 tion of ‘ 
 ian ce (a) The terms house, warehouse, counting-house, shop, or 
 
 house. other building include any part of a house, where 
 that part is separately occupied for the purposes of 
 any trade, business, or profession; and any such 
 part may, for the purpose of describing the qualifi- 
 cation, be described as office, chambers, studio, or by 
 any like term applicable to the case. 
 
 (5) Where an occupier is entitled to the sole and exclusive 
 use of any part of a house, that part shall not be 
 deemed to be occupied otherwise than separately by 
 
 reason only that the occupier is entitled to the joint 
 use of some other part. 
 
 See section 9, ante, and the notes thereto. 
 
 It is provided by the County Electors Act, 1888, 51 Vict. c. 10, s. 2, sub- 
 sect. (2), that the above section shall extend to so much of every county as is 
 not comprised within the limits of any municipal borough, for the purpose of 
 the qualification of county electors. 
 
 But for the provision in the text, the tenant of offices or chambers might be 
 in law only a lodger, and not an occupier within the meaning of section 9, 
 See note (d) to section 9, ante, p. 204. 
 
 A. occupied two rooms in a house in which there were four other residents. 
 The landlord did not live on the premises, but paid the rates. It was held 
 that A. was entitled to the municipal franchise by reason of the provision in 
 the text. Greenway y. Batchelor, 47 J. P. 792. 
 
 Claim by 32, (1) If an occupier of any qualifying property, whether 
 occupier to the landlord is or is not liable to be rated to the poor rate in 
 be rated, ; ; 
 
 respect thereof, claims to be rated to the poor rate in respect 
 
bo 
 
 45 & 46 Vict. c. 50. 29 
 thereof, and pays or tenders to the overseers of the parish Sect. 32. 
 where the property is situate the full amount of the poor rate 872-5: !. 
 last made in respect of the property, the overseers shall put 
 the occupier’s name on the rate book in respect of that rate. 
 (2) If they fail to do so, he shall nevertheless, for the 
 purposes of this Act, be deemed rated to that rate. 
 The 32 & 33 Vict. c. 41, s. 19, provides that the overseers in making out the 
 poor rate shall in every case, whether the rate is collected from the owner or 
 occupier, or the owner is liable to the payment of the rate instead of the 
 occupier, enter in the occupiers’ column of the rate book the name of the 
 occupier of every rateable hereditament, and such occupier shall be deemed to 
 be duly rated for every qualification or franchise as aforesaid ; and if any over- 
 seer negligently or wilfully and without reasonable cause omits the name of 
 the occupier of any rateable hereditament from the rate, or negligently or 
 wilfully misstates any name therein, such overseer shall for every such omission 
 or misstatement be liable on summary conviction to a penalty not exceeding 
 2l.: provided that any occupier whose name has been omitted shall, notwith- 
 standing such omission and that no claim to be rated has been made by him, 
 be entitled to every qualification and franchise depending upon rating in the 
 same manner as if his name had not been so omitted. This provision applies 
 only in cases where the owner pays the rate, but in such cases it is of wider 
 application than the text in that no claim to be rated is necessary. The text 
 provides for all other cases of omission to be rated. 
 
 33.(a) (1) Where a person succeeds to qualifying property Rules as to 
 by descent, marriage, marriage settlement, devise, or pro- rere 
 motion to a benefice or office, then, for the purposes of qualifi- burgess on 
 cation, the occupany of the property by a predecessor in title, par 
 and the rating of the predecessor in respect thereof, shall be ~ 
 equivalent to the occupancy and rating of the successor; and 
 rating in the name of the predecessor shall, until a new rate is 
 made after the date of succession, be equivalent to rating in 
 the name of the successor; and the successor shall not be 
 required to prove his own residence, occupancy, or rating 
 before the succession. 
 
 (2) The qualifying property need not be throughout the 
 twelve months constituting the period of qualification the 
 same property or in the same parish.(d) 
 
 _ (8) Where by law a borough rate is payable by instalments, 
 
 payment by any person of any such instalment shall, as regards 
 his qualification to be enrolled as a burgess, be deemed a 
 payment of the borough rate in respect of the period to which 
 _ the instalment applies. 
 
 (4) A person shall not be disentitled to be enrolled as a 
 burgess by reason only— 
 
 (a) That he has received medical or surgical assistance from 
 
 the trustees of the municipal charities, or has been 
 
930 
 Sect. 33. 
 
 SUB-S.4 a. 
 
 Obligation 
 to accept 
 office or 
 pay fine, 
 
 The Municipal Corporations Act, 1882. 
 
 removed, by order of a justice, to a hospital or place 
 for reception of the sick, at the cost of any local 
 authority ; or 
 
 (0) That his child has been admitted to and taught in any 
 public or endowed school.(c) 
 
 ENG The County Electors Act, 1888, s. 2, applies this section to county 
 electors. 
 
 (6) But the property must be in the same county and outside the limits of a 
 borough in order to qualify a county elector, just as in order to qualify a 
 burgess it must be within the borough. See section 2 of the County Electors 
 Act. 
 
 (c) This forms an exception to section 9, sub-section (3), which disqualifies 
 a person to be enrolled as a burgess if he has within the qualifying period 
 received parochial relief or other alms. See the notes to that section. 
 
 It is provided by the Elementary Education Act, 1876, s. 10, that the parent 
 of a child whose fees are paid under that section shall not be deprived of any 
 franchise, right, or privilege, and shall not be subject to any disability or 
 disqualification. 
 
 34, (1) Every qualified(a) person elected to a corporate 
 office,(b) unless exempt under this section or otherwise by 
 law,(c) either shall accept the office by making and sub- 
 scribing the declaration required by this Act,(d) within five 
 days after notice of election,(e) or shall in lieu thereof be 
 liable to pay to the council a fine of such amount not exceeding, 
 in case of an alderman, councillor, elective auditor, or revising 
 assessor, fifty pounds, and in case of a mayor one hundred 
 pounds, as the council by bye-law determine. 
 
 (2) If there is no bye-law determining fines, the fine, in 
 case of an alderman, councillor, elective auditor, or revising 
 assessor shall be twenty-five pounds, and in case of a mayor 
 fifty pounds. | 
 
 (3) The persons exempt under this section are— 
 
 (a) Any person disabled by lunacy or imbecility of mind, or 
 by deafness, blindness, or other permanent infirmity 
 of body; and 
 
 (0) Any person who, being above the age of sixty-five years, 
 or having within five years before the day of his 
 election either served the office or paid the fine for 
 non-acceptance thereof, claims exemption within five 
 days after notice of his election.(/) 
 
 (4) A fine payable under this section shall be recoverable 
 
 summarily.(7) 
 
 (a) In proceedings under this section there need not be express or actual 
 evidence, but there must be some evidence of qualification, and if in fact the 
 
45 & 46 Vict. c. 50. 231 
 
 party was not qualified he is not liable to the penalty, and a conviction is Sect. 34. 
 invalid. Reg. v. Stockton JJ.,11 W. R. 65; 26 J. P. 771. NOTE. 
 (b) In a borough the term “ corporate office” includes the office of mayor, = —— 
 alderman, councillor, and elective auditor. In a county it will include the 
 chairman, county alderman, and councillors. 
 (c) There are exemptions under many statutes from the liability to serve in 
 a corporate office. Thus, officers of customs are exempt under 39 & 40 Vict. 
 c. 36, s. 9; persons registered as dentists under 41 & 42 Vict. c. 33, s. 30 ; com- 
 missioners and officers of excise under 7 & 8 Geo. 4,c. 53, s. 11 ; inspectors of 
 factories under 41 & 42 Vict. c. 16, s. 67; officers of inland revenue under 
 16 & 17 Vict. c. 59, 8. 17 ; registered medical practitioners under 21 & 22 Vict. 
 c. 90, s. 35; officers of the post office under 7 Will. 4 & 1 Vict. c. 33,8. 12; 
 registrars of births under 7 Will. 4 & 1 Vict. ¢. 22,8. 18 ; men belonging to the 
 army reserve under 45 & 46 Vict. c. 48, s. 7 ; officers in the army under 44 & 45 
 Vict. c. 58, s. 146 (and see section 253, post); resident members of the univer- 
 sities, see section 257, post. To these must be added persons disqualified under 
 the Corrupt Practices Acts, the Bankruptcy Act, the Felony Act, &c., as to 
 which see section 12, note (a), ante, p. 218. . 
 (d) The declaration is set out in Schedule 8. As to persons not accepting 
 office iby reason of refusal on conscientious grounds to make the declaration, 
 see section 36, post. : 
 (e) In the case of a county councillor this period is extended to ten days. 
 See the Local Government Act, section 75, ante, p. 128. 
 (/) A further ground of exemption is that the person elected was nomi- 
 nated without his consent. See the Local Government Act, section 75, ante, 
 p. 129. 
 (g) That is to say, before a court of summary jurisdiction consisting of two 
 or more justices sitting in open court. See the Summary Jurisdiction Act, 
 1879, ss. 20, 51. 
 
 35. A person elected:to a corporate office shall not, until he Declara- 
 has made and subscribed before two members of the council, SO ee 
 or the town clerk, a declaration as in the Highth Schedule, of office. 
 act in the office except in administering that declaration. 
 
 It has been held that a councillor before whom this declaration is taken 
 cannot be the relator in proceedings by way of guo warranto to avoid the office 
 on the ground of disqualification. Reg. v. Greene, 2 Q. B. 460, The ground 
 of this decision was that as a councillor need not act unless he chooses in 
 taking the declaration, by acting he must be taken to concur in the irregu- 
 larity. @Quere, if this would prevent his presenting an election petition under 
 section 87, post. 
 
 In applying this section to county councillors, the clerk of the council must 
 be submitted for the town clerk. 
 
 36. (1) A person elected to a corporate office may at any Final re-’ 
 time, by writing signed by him and delivered to the town pie 
 clerk, resign the office, on payment of the fine provided for 
 non-acceptance thereof.(a) 
 
 (2) In any such case the council shall forthwith declare the 
 office to be vacant, and signify the same by notice in writing, 
 signed by three members of the council and countersigned by 
 the town clerk, and fixed on the town hall, and the office shall 
 thereupon become vacant.(d) 
 
932 
 Sect. 36. 
 SuB-S. 3. 
 
 Re-eligi- 
 bility of 
 office 
 holders. 
 Mayor 
 and alder- 
 men to 
 continue 
 members 
 of council, 
 
 Avoidance 
 of office 
 by bank- 
 ruptcy or 
 absence. 
 
 The Municipal Corporations Act, 1882. 
 
 (3) No person enabled by law to make an affirmation 
 instead of taking an oath shall be liable to any fine for non- 
 acceptance of office by reason of his refusal on conscientious 
 grounds to take any oath or make any declaration required by 
 this Act or to take on himself the duties of the office.(c) 
 
 (a) But a person who has become disqualified, e.g., by compounding with his 
 creditors, under section 39, cannot resign. Hardwick v. Brown, L. R. 8 C. P. 
 406; 28 L. T. (N.S.)-502; 21 W. R. 639; 37 J. P. 407. 
 
 If a person who is an alderman is elected a councillor, he vacates his office 
 of alderman, but gu@re, whether he is liable to a fine under this section. See 
 heg. v. Bangor (Mayor, §'c., of ), 18 Q. B. D. 362, 366. 
 
 If a man elected and admitted to an office discovers that for want of 
 qualification or for any other sufficient reason he is not entitled to hold the 
 office, and resigns it, a proceeding by guo warranto would not be necessary 
 in order to vacate his office and so make way for a fresh election. But when 
 the relator not only denies the validity of the election, but claims to be elected 
 himself, he is entitled to the judgment of the court accordingly. Reg. v. 
 Blizard, L. R. 2 Q. B. 55; 36 L. J. Q. B. 18; 15 L. T. (w.s.) 242; 15 W. R. 
 105; 31 J. P. 200. This principle would be equally applicable to proceedings 
 by way of election petition under section 87, post. 
 
 As to the fine, see section 34, ante, p. 230. The resignation is completed by 
 the delivery of the writing and payment of the fine, and cannot afterwards be 
 withdrawn, Reg. v. Wigan (Mayor of), 14 Q. B. D. 908; 49 J. P. 372. 
 
 (>) In a county the notice must be countersigned by the clerk of the 
 council. As to the affixing of the notice, see section 232, post. It would 
 appear from that section that the notice may be posted in a conspicuous place 
 in the electoral division to which the notice relates. 
 
 (c) No oath is required to be taken as a condition of holding a municipal 
 office. See 31 & 32 Vict. c. 72. 
 
 37. A person ceasing to hold a corporate office shall, unless 
 disqualified to hold the office, be re-eligible. 
 
 38. The mayor and aldermen shall, during their respective 
 offices, continue to be members of the council, notwith- 
 standing anything in this Act as to councillors going out of 
 office at the end of three years. 
 
 In applying this section to county councils the chairman must be substituted 
 for the mayor. By the Local Government Act, section 2, the term of office of 
 the chairman is one year. 
 
 39, (1) If the mayor, or an alderman or councillor— 
 
 (a) Is declared bankrupt, or compounds by deed with his 
 creditors, or makes an arrangement or composition 
 with his creditors, under the Bankruptcy Act, 1869, 
 by deed or otherwise;(a) or 
 
 (5) Is (except in case of illness) continuously absent from 
 the borough, being mayor, for more than two months, 
 or, being alderman or councillor, for more than six 
 months :(0) 
 
45 ¢ 46 Vict. c. 50. 
 
 933 
 
 he shall thereupon immediately become disqualified and shall Sect. 39 
 
 cease to hold the office. 
 
 (2) In any such event the council shall forthwith declare 
 the office to be vacant, and signify the same by notice, signed 
 by three members of the council and countersigned by the 
 town clerk, and fixed on the town hall, and the office shall 
 thereupon become vacant.(c) 
 
 (3) Where a person becomes so disqualified by being 
 declared bankrupt, or compounding, or making an arrange- 
 ment or composition, as aforesaid, the disqualification, as 
 regards subsequent elections, shall, in case of bankruptcy, 
 cease on his obtaining his order of discharge, and shall, in 
 case of a compounding or composition as aforesaid, cease on 
 payment of his debts in full, and shall, in case of an arrange- 
 ment as aforesaid, cease on his obtaining his certificate of 
 discharge. (d) 
 
 (4) Where a person becomes so disqualified by absence, he 
 shall be liable to the same fine as for non-acceptance of office, 
 recoverable summarily, but the disqualification shall, as 
 regards subsequent elections, cease on his return.(e) 
 
 (a) Where an alderman made a composition with his creditors, but not by 
 deed, it was held that as the proceedings were not under the Bankruptcy Act, 
 he was not disqualified, and the court granted an injunction restraining the 
 council from holding a meeting declaring the office void. Aslatt v. 
 Southampton (Corporation of), 16 Ch. D, 248; 50 L. J. Ch. 31; 43 L. T. 
 (N.S.) 464. 
 
 An assignment of a man’s entire property for the benefit of his creditors is 
 not a composition. Reg.v. Cooban, 18 Q. B. D. 56; L. J. M. C. 33; 51 
 J. P. 500. 
 
 (4) In the case of county councillors this period is extended to twelve 
 months. See the Local Government Act, section 75, ante, p. 128. The same 
 section provides that nothing in this section shall disqualify the chairman or 
 vice-chairman of a county council by reason of absence. 
 
 (c) Until this notice has been given the office is not vacant. See Reg. v. 
 Leeds (Mayor, 5'¢., of), 7 A. & EH. 963; Hardwick v. Brown, ante, p. 232 ; 
 Reg. v. Welshpool (Mayor, S'c., of ), 35 L. T. (N.8.) 598. 
 
 As to the publication of the notice, see section 232, post. It would probably 
 be sufficient to post it in a conspicuous place in the electoral division for which 
 a county councillor was elected. 
 
 (d) The provisions of the text as to bankruptcy are to some extent super- 
 seded by the Bankruptcy Act, 1883, 46 & 47 Vict. c. 52. By section 32 of 
 that Act, where a debtor is adjudged a bankrupt, he shall be disqualified for 
 being elected to, or holding or exercising, the office of mayor, alderman, or 
 councillor ; and this disqualification is to be removed and cease if and when 
 (a) the adjudication in bankruptcy is annulled, or (6) he obtains from the 
 court his discharge with a certificate to the effect that his bankruptcy was 
 caused by misfortune without any misconduct on his part. ‘The court may 
 grant or withhold such certificate as it thinks fit, but any refusal of such certi- 
 ficate shall be subject to appeal. 
 
 (e) As to the fine for non-acceptance of office, see section 34, ante, p. 230. 
 
 S, served as councillor for the St. T. Ward from 1877 to J uly 21, 1880, when 
 
 SUB-S.1 
 
934 
 
 Sect. 39, 
 
 NOTE. 
 
 —-—— 
 
 Filling of 
 casual 
 vacancies, 
 
 Penalty 
 on un- 
 
 qualified 
 
 The Municipal Corporations Act, 1889. 
 
 he left at the office of the town clerk a notice of resignation addressed to the 
 mayor and council. No action was taken thereon by the council, and no fine 
 paid or tendered by S. SS. did not sit in council or vote after the date of the 
 notice. On the following day S. filed a petition for liquidation. In August 
 a composition was accepted by the creditors of S. §S. did not pay his debts in 
 full. At an election of town councillors for the St. T. Ward in November, 
 1884, S. was returned. The objection was then taken that S. was disqualified, 
 he having been in liquidation when he was a member of the council, and not 
 having paid twenty shillings in the pound. Held, that the objection was 
 valid. Held also, that where a statute provides that in a given event persons 
 shall be re-eligible for election, that is tantamount to saying that they shall 
 be disqualified until they comply with the conditions of re-qualification. 
 Futcher v. Saunders, 49 J. P. 424. 
 
 40, (1) On a casual vacancy in a corporate office, an 
 election shall be held by the same persons and in the same 
 manner as an election to fill an ordinary vacancy; and the 
 person elected shall hold the office until the time when the 
 person in whose place he is elected would regularly have gone 
 out of office, and he shall then go out of office.(a) 
 
 (2) In case of more than one casual vacancy in the office of 
 councillor being filled at the same election, the councillor 
 elected by the smallest number of votes shall be deemed to be 
 elected in the place of him who would regularly have first 
 gone out of office, and the councillor elected, by the next 
 smallest number of votes shall be deemed to be elected in the 
 place of him who would regularly have next gone out of office, 
 and so with respect to the others; and if there has not been a 
 contested election, or if any doubt arises, the order of rotation 
 shall be determined by the council.(d) 
 
 (3) Non-acceptance of office by a person elected creates a 
 casual vacancy. 
 
 (a) As to the returning officer in elections of county councillors, see the 
 Local Government Act, section 75, ante, p. 125. As to the returning officer 
 in the metropolis, see section 103, ante, p. 166. As to the returning officer 
 for first elections and the filling of casual vacancies at first elections, see 
 section 107, ante, p. 173. 
 
 As to the time within which casual elections should be filled, see section 66, 
 post. 
 
 (6) It is necessary to distinguish the ordinary from the extraordinary 
 vacancies where these are filled up at the ordinary annual election, otherwise 
 the election may be avoided. Reg. v. Rowley, 6 Q. B. 668; 14 L. J. Q. B. 
 62; 8 Jur. 1170; Reg. v. Rippon, 1 Q. B. D. 217; 45 L. J. Q. B. 188; 34 
 L. T. (w.s.) 444; 24 W. R. 633; 40 J. P. 536. The provision in the text 
 only applies where two or more casual vacancies are filled at the same time. 
 
 These cases cannot, however, apply to county councillors, all of whom go out 
 of office at the same time. 
 
 41, (1) If any person acts in a corporate office without 
 having made the declaration by this Act required,(a) or without 
 
45 & 46 Vict. c. 50. 935 
 
 being qualified at the time of making the declaration, or after Sect. 42. 
 
 ceasing to be qualified,(b) or after becoming disqualified,(c) he aid 
 
 shall for each offence be liable to a fine not exceeding fifty Person . 
 
 pounds, recoverable by action.(d) ote A 
 (2) A person being in fact enrolled in the burgess roll shall 
 
 not be liable to a fine for acting in a corporate office on the 
 
 ground only that he was not entitled to be enrolled therein.(e) 
 
 (a) See section 35, ante, p. 231. 
 
 (b) See section 11 and the notes to that section, ante, p. 211. 
 
 (c) As to the disqualification of a councillor, see sections 12, 39, ante, and 
 the notes to these sections. 
 
 (d) This action must be brought in a borough by a burgess (see section 224, 
 post), ina county by a county elector. 
 
 (e) But for this provision a person whose name was on the burgess roll 
 might be liable to a penalty under this section if he were not qualified. But 
 this provision will not in any way prevent the removal of a disqualified person 
 by guo warranto or election petition. See Flintham v. Roxburgh, ante, 
 p. 212. 
 
 42, (1) The acts and proceedings of a person in possession of Validity 
 
 a corporate office, and acting therein, shall, notwithstanding his a es 
 one 
 
 disqualification or want of qualification, be as valid and effec- notwith- 
 tual as if he had been qualified.(a) ° siendine 
 disqualifi- 
 
 (2) An election of a person to a corporate office shall not be cation, &e. 
 
 liable to be questioned by reason of a defect in the title, or 
 
 want of title, of the person before whom the election was had, , 
 if that person was then in actual possession of, or acting in, the 
 
 office giving the right to preside at the election. 
 
 (8) A burgess roll shall not be liable to be questioned by 
 reason of a defect in the title, or want of title, of the mayor or 
 
 any revising authority by whom it is revised, if he was then 
 in actual possession and exercise of the office of mayor or 
 revising authority. 
 
 (a) See section 102, post. 
 
 43, If there is no town clerk, and no deputy town clerk, or Duties of 
 there is no treasurer, or the town clerk, deputy town clerk, or hee 
 treasurer (as the case may be) is incapable of acting, all acts deputy, 
 by law authorised or required to be done by or with respect to a 
 the town clerk or the treasurer (as the case may be) may, during 
 subject to the provisions of any other Act, be done by or with vacancy 
 respect to a person appointed in that behalf by the mayor. eae 
 
 pacity. 
 It is presumed that this section would enable the chairman of a county 
 council to make an appointment in the cases mentioned in the section. 
 
236 
 
 Sect. 44. 
 SUB-S. 1, 
 
 Prepara- 
 tion and 
 revision of 
 parish 
 burgess 
 list. 
 
 The 
 burgess 
 roll and 
 ward rolls, 
 
 The Municipal Corporations Act, 1882. 
 
 PART III, 
 
 PREPARATIONS FOR AND PROCEDURE AT ELECTIONS. 
 Parish Burgess Lists; Burgess Rolls; Ward Rolls. 
 
 44, (1) Where-the whole or part of the area of a borough is 
 co-extensive with or included in the area of a parliamentary 
 borough, the list of burgesses are to be made out and revised, 
 and claims and objections relating thereto are to be made, in 
 accordance with the provisions of the Parliamentary and 
 Municipal Registration Act, 1878. 
 
 (2) Where no part of the area of a borough is co-extensive 
 with or included in the area of a parliamentary borough, the 
 lists of burgesses shall be made out and revised, and claims 
 and objections relating thereto may be made in accordance, as 
 nearly as may be, with the provisions of Part I. of the Third 
 Schedule. 
 
 (3) In either case the lists shall be styled the parish burgess 
 lists. 
 
 It is provided by the County Electors Act, 1888, section 4, that in all 
 boroughs the lists of burgesses shall hereafter be revised by the revising 
 barrister in manner provided by the 41 & 42 Vict. c. 26, and that revising 
 assessors shall no longer be appointed. Sub-section (2) of the above section 
 is therefore practically repealed. The same section also provides that the 
 list of county electors in parishes outside boroughs shall be made out and 
 revised in like manner as burgess lists in boroughs, with certain qualifications 
 
 which need not here be stated, and for which the reader is referred to Mr, 
 Lushington’s work on the County Electors Act, 1888. 
 
 45.(a) (1) When the parish burgess lists have been revised 
 and signed, the revising authority(d) shall deliver them to the 
 town clerk, and a printed copy thereof,(c) examined by him and 
 signed by him, shall be the burgess roll of the borough. 
 
 (2) The burgess roll shall be completed on or before the 
 twentieth of October(d) in each year, and shall come into 
 operation on the first of November in that year, and shall 
 continue in operation for the twelve months beginning on 
 that day. 
 
 (3) The names in the burgess roll shall be numbered by 
 wards or by polling districts, unless in any case the council 
 direct that the same be numbered consecutively without refe- 
 rence to wards or polling districts.(e) 
 
—— 
 a ee | 
 = nly 
 
 45 & 46 Vict. c. 50. 
 
 (4) Where the borough has no wards, the burgess roll shall Bech. 46. 
 
 be made in one general roll for the whole borough. 
 
 (5) Where the borough has wards, the burgess roll shall be 
 made in separate rolls called ward rolls, one for each ward, 
 containing the names of the persons entitled to vote in that 
 ward, and the ward rolls collectively shall constitute the 
 burgess roll.(/) 
 
 (6) A burgess shall not be enrolled in more than one ward 
 
 roll.(g) 
 (7) Where a duplicate of a burgess list is made under section 
 
 thirty-one of the Parliamentary and Municipal Registration 
 Act, 1878, it shall have the same effect as the original, and 
 may be delivered instead thereof.(i) 
 
 (8) Every person enrolled in the burgess roll ‘shall be 
 deemed to be enrolled as a burgess, and every person not 
 enrolled in the burgess roll shall be deemed to be not enrolled 
 as a burgess. 
 
 (9) No stamp duty shall be payable in respect of the enrol- 
 ment of a burgess. 
 
 (a) It is provided by the County Electors Act, 1888, section 7, that the 
 clerk of the peace of every county shall make up a register of all persons 
 registered as burgesses or county electors in the county, both for the county 
 and for each electoral division into which the county is divided for the purpose 
 of election of the county authority, and such number of copies as the clerk 
 of the peace may require of the list of burgesses as revised shall be delivered 
 by the town clerk to such clerk of the peace for the purpose of making 
 up such register. Consequently in all boroughs the revised list of burgesses 
 will be delivered to the town clerk as provided by the above section, and it will 
 be his duty to print and sign the burgess roll, and to send copies of it to the 
 clerk of the peace to enable the latter to make up the roll of county electors. 
 Section 7 of the County Electors Act contains a further provision applying 
 
 _ the above section to the roll of county electors, It provides that ‘the Regis- 
 
 tration of Electors Acts, and sections 45, 48 and 71 of the Municipal 
 Corporations Act, 1882, shall apply for the purposes of this section, with the 
 substitution of clerk of the peace for town clerk, and of county register and 
 division register for burgess roll and ward roll respectively, and of electoral 
 division for ward, and of county fund for borough fund.” 
 
 (6) The revising authority will now be in every case the revising barrister. 
 
 (c) The town clerk of a borough must print the burgess list (section 48, 
 post). 'The clerk of the peace must print the list of county electors in places 
 not in boroughs. See note (a), supra. 
 
 (d) This date must be observed in this year (1888) with reference to the 
 revision of the burgess roll. The register of county electors may be completed 
 at any time before the 31st December. See the County Electors Act, 1888, 
 section 15, 
 
 (e) The County Electors Act, 1888, section 4, amended by the Local 
 Government Act, section 76, ante, p. 135, provides as follows: “(2) In the 
 construction of the Registration of Electors Acts for the purpose of their 
 application to a parish not sitwate within a municipal borough, there shall 
 be made the variations following, and such other variations as may be 
 
 237 
 
238 
 
 The Mumeipal Corporations Act, 1882. 
 
 Sect. 45. necessary for carrying into effect the application, that is to say :—(c) Section 
 
 NOTE 
 
 Arrange- 
 ment of 
 lists and 
 rolls, 
 
 21 of the Parliamentary and Municipal Registration Act, 1878, shall not 
 apply, and the list and register of voters shall be made out alphabetically, but 
 shall be framed in parts for polling districts and electoral divisions 
 
 in such a manner that the parts may be conveniently compiled, or put together 
 to serve as lists for polling districts . . . and as electoral division lists. 
 (4) Notwithstanding anything in this Act contained, where a municipal borough 
 or an urban district is co-extensive with any electoral division or divisions of 
 a parliamentary county, the list of voters may be directed by the county council 
 to be made out according to the order in which the qualifying premises appear 
 in the rate book, and section 21 of the Parliamentary and Municipal Regis- 
 tration Act, 1878, shall apply to such borough or urban district, and where 
 lists of voters are so made out, nothing in this Act shall require such part of 
 the county register as consists of these lists to be arranged alphabetically. 
 The names of the parliamentary electors and of the county electors in the lists 
 may be numbered consecutively, and such portion of these lists as consist of 
 the names of parliamentary electors may be taken to form the register for the 
 purpose of parliamentary elections, and such portion of these lists as contains 
 the names of county electors may be taken to form the register of county 
 electors.” 
 
 (7) See section 7 of the County Electors Act, 1888, set out in note (a), 
 supra. 
 
 (g) This will not apply to county electors, for by section 7 of the County 
 Electors Act, 1888, it is expressly provided that nothing in that section shall 
 prevent a county elector from being registered in more than one division 
 register. 
 
 (A) It is provided by 41 & 42 Vict. c. 26,8. 31, that the revising barrister 
 shall, as part of the business of the revision, at the request of the town clerk 
 of any municipal borough sign and deliver to him a duplicate of the whole or 
 part of any revised list made out in divisions and relating to that municipal 
 borough. Every such duplicate shall be prepared by the town clerk at whose 
 request it is so signed and shall be kept by him for use for municipal purposes. 
 This section now applies to all boroughs, and also to parishes in new boroughs. 
 See note (a), supra. 
 
 46. (1) If and as far as the council so direct, the parish burgess 
 lists, and the burgess roll, and the ward rolls (if any), and the 
 lists of claimants and respondents, or any of those documents, 
 shall be arranged in the same order in which the qualifying 
 properties appear in the rate-book for the parish in which they 
 are situate, or otherwise in such order as will cause those lists 
 and rolls to record the qualifying properties in successive order 
 in the street or other place in which they are situate. 
 
 (2) Subject to any such direction, and to the provisions of 
 this Act as to polling districts, the arrangement of the lists and 
 
 rolls shall be alphabetical. 
 
 This section will not apply to parishes not situate in a municipal borough, 
 and even in boroughs it may be superseded by the County Electors Act, 1888, 
 section 7 (4), set out in note (¢) to the last section. It is there provided that, 
 where a municipal borough or urban district is co-extensive with an electoral 
 division or divisions of a parliamentary county, the lists of voters may be 
 directed by the county council to be made out according to the order in which 
 the qualifying premises appear in the rate book, and section 21 of the 41 & 42 
 Vict. c. 26, shall apply to such borough or district, The 41 & 42 Vict, c, 26, 
 
45 & 46 Vict. c. 50. 239 
 
 8. 21, is substantially to the same effect as the text so far as regards the burgess Sect. 46, 
 lists and rolls. Therefore, if the county council make no order under section 7 NOTE. 
 of the County Electors Act, it will be open to the borough council to make an erases 
 order under the provisions in the text. 
 
 47, (1) Where the parish burgess lists are revised under the Correction 
 Parliamentary and Municipal Registration Act, 1878, the burgess ate ba 
 roll is subject to alteration or correction in manner provided by 
 section thirty-five of that Act.(a) 
 
 (2) Where the parish burgess lists are revised under this 
 Act, any person whose claim has been rejected or name 
 expunged at the revision of the lists may apply, within two 
 months of the last sitting of the revision court, to the High 
 Court in the Queen’s Bench Division for a mandamus to the 
 mayor to insert his name in the burgess roll; and thereupon 
 the court shall inquire into the title of the applicant to be 
 enrolled. (d) 
 
 (83) If the court grants a mandamus, the mayor shall insert 
 the name in the burgess roll, and shall add thereto the words 
 ‘by order of Her Majesty’s High Court of Justice,” and shall 
 subscribe his name to those words.(d) 
 
 (a) The parish burgess lists and the lists of county electors must now be 
 revised in every case under the Act of 1878. By section 35 of that Act, “the 
 . provisions of the Parliamentary Registration Acts as to appeal from the 
 decision of the revising barrister shall apply to a decision on a revision of the 
 burgess lists, and the provisions of the said Acts as to the alteration or correc- 
 tion of the register, in pursuance of any judgment or order of the Court of 
 Appeal, shall apply to the alteration or correction of the burgess roll made up 
 from the burgess lists as if it were a register of parliamentary voters, except 
 that the notice of the judgment or order shall be given to the town clerk 
 having the custody of the burgess roll, and the alteration or correction shall be 
 made and signed by him.” This provision will apply to the lists and roll of’ 
 county electors with the necessary modifications. 
 
 (2) As no lists will henceforth be made out “under this Act,” these sub- 
 sections are practically repealed, 
 
 48, The town clerk shall cause the parish burgess lists, the Printing : 
 lists of claimants and respondents, and the burgess roll to be nage ° 
 printed, and shall deliver printed copies to any person on roll and 
 
 payment of a reasonable price for each copy. Oa 
 
 (2) Subject to section thirty of the Parliamentary and 
 Municipal Registration Act, 1878, the proceeds of sale shall go 
 to the borough fund. 
 
 For the provisions of the County Electors Act, 1888, applying this section 
 
 to the roll of county electors, see note (a) to section 45, ante, p. 237. 
 The 41 & 42 Vict. c, 26,8, 30, sub-section(1) of which now applies to all boroughs, 
 
240 
 Sect. 48. 
 
 NOTE. 
 
 Separate 
 list of - 
 persons 
 qualified 
 to be 
 councillors 
 but not to 
 be bur- 
 gesses, 
 
 The Municipal Corporations Act, 1882. 
 
 provides that one-half of the moneys received in respect of the burgess lists 
 shall be applied in the manner directed by the Parliamentary Registration 
 Acts, and the other half shall be paid to the borough fund. 
 
 49, (1) The overseers of each parish shall, at the same time 
 that they make the parish burgess list, make a list of the per- 
 sons entitled in respect of the occupation of property in that 
 parish to be elected councillors, as being resident within fifteen 
 miles although beyond seven miles from the borough. 
 
 (2) The provisions of this Act as to the parish burgess lists, 
 and claims and objections relating thereto, and the revision of 
 those lists shall, as nearly as circumstances admit, apply to the 
 lists made under this section. 
 
 (3) The town clerk shall arrange the names entered in these 
 lists, when revised, in alphabetical order as a separate list (in 
 this Act called the separate non-resident list), with an appro- 
 priate heading, at the end of the burgess roll. 
 
 The separate non-resident list will continue to be made out in boroughs as 
 heretofore. The list so made out in boroughs will contain the names of 
 persons who are entitled to be enrolled as burgesses in all respects save that of 
 residence within seven miles of the borough, but who, by reason of residence 
 within the fifteen mile limit, are qualified to be elected councillors under sec- 
 tion 11, sub-section (2), ante, p. 211. If a person is enrolled on a borough 
 non-resident list he will also be qualified to be elected a county councillor for 
 the county of which the borough forms a part. See the Local Government 
 Act, section 75, ante. p. 127. 
 
 A precisely similar list is to be made out for each county. The County 
 Electors Act, 1888, section 12, provides that “a list of persons occupying pro- 
 perty in a county, and residing within fifteen miles, but more than seven miles, 
 from the county, shall be made out in accordance with section 49 of the Muni- 
 cipal Corporations Act, 1882, and that section shall apply as if it were herein 
 re-enacted, with the substitution of ‘county’ for ‘borough,’ and of ‘county 
 elector’ for ‘ burgess,” and of ‘clerk of the peace’ for ‘town clerk.’” It is 
 provided by the Local Government Act, section 76, ante, p. 138, that nothing 
 in section 12 of the County Electors Act applies to any person occupying pro- 
 perty in a borough. The reason of this provision is obvious; it avoids the 
 necessity of including in the county non-resident list the names of persons who 
 are enrolled in the corresponding list in the borough. But the result is that a 
 person who occupies property in a borough, and who resides more than fifteen 
 miles from the borough, will not be qualified to be elected a councillor, though 
 his residence may be in the county, or within fifteen miles of its boundary. 
 This hardship is more apparent than real, for such a person will generally be 
 qualified as a county elector in respect of his residence. 
 
 In counties outside boroughs the overseers must make a separate non- 
 resident list for their parishes. These lists will be revised by the revising 
 barrister and arranged by the clerk of the peace, as provided by the above 
 section. 
 
 As to the mode of measuring the distance, see section 231, post. 
 
 In the county of London there will be no separate non-resident list, for by 
 section 77 of the Local Government Act, ante, p. 139, the persons whose 
 names would appear upon it in London are to be registered as county electors. 
 
45 ¢ 46 Vict. c. 50. 
 
 Election of Councillors. | 
 
 50. (1) Where a borough has no wards, there shall be one 
 election of councillors for the whole borough. 
 
 (2) Where a borough has wards, there shall be a separate 
 election of councillors for each ward. 
 
 The Local Government Act, section 2, ante, p. 2, provides that the members 
 of a county council shall be elected in like manner as the council of a borough 
 divided into wards. The divisions of a county are to be called electoral divi- 
 sions, and not wards. There will therefore be a separate election of councillors 
 for each electoral division. 
 
 In a year in which county councillors are elected, the elections of these 
 councillors, and of councillors of a borough, shall be conducted together ; 
 Local Government Act, section 75, ante, p. 124. 
 
 51, (1) At an election of councillors a person shall be entitled 
 to subscribe a nomination paper,(a) and to demand and receive 
 a voting paper, and to vote,(d) if he is enrolled in the burgess 
 roll, or in the case of a ward election, the ward roll, and not 
 
 otherwise. 
 
 (2) No person shall subscribe a nomination paper in or for 
 more than one ward, or vote in more than one ward.(c) 
 
 (3) Nothing in this section shall entitle any person to do any 
 act therein mentioned who is prohibited by law from doing it, 
 or relieve him from any penalty to which he may be liable for 
 doing it.(d) 
 
 (a) As to nomination papers and nominations, see Sched. III., Part 2, 
 
 ost. 
 
 (b) But observe, that though a person whose name is on the burgess roll (or 
 roll of county electors, as the case may be) is entitled to vote, yet unless he is 
 entitled to be so enrolled, he is not qualified to be elected a councillor. See 
 Flintham vy. Roxburgh, ante, p. 212. 
 
 (¢) It is provided by section 45, sub-section (6), ante, p. 238, that a burgess 
 shall not be enrolled in more than one ward roll. But by the County Electors 
 Act, 1888, section 7, sub-section (4), a county elector may be registered in 
 more than one division register. And as by the Local Government Act, 
 
 section 2, sub-section (4), ante, p. 3, the electors of county councillors 
 shall be the persons registered pursuant to the County Electors Act, it would 
 
 appear that, notwithstanding the provision in the text, a county elector may 
 
 yote at an election of county councillors, in as many divisions as he may be 
 registered in. On the 12th November, 1888, Mr. Ritchie expressed an opinion, 
 in answer to a question in the House of Commons, that an elector could not 
 vote in more than one electoral division ; it is submitted, however, that this is 
 not the result of the several sections above referred to. 
 
 (d) Persons found guilty of corrupt or illegal practices, or of illegal pay- 
 ment, employment, or hiring at a municipal election, are prohibited from voting 
 by 47 & 48 Vict. c. 70, 8. 22, post. 
 
 52. The ordinary day of election of councillors shall be the 
 
 first of November. 
 
 The Ist of November will also, after the first election, be the ordinary day 
 of election of county councillors. If, however, the 1st November is a Sunday, 
 
 241 
 
 Sect. 50. 
 SuB-S. 1. 
 Borough 
 
 and ward 
 elections. 
 
 Title to 
 vote. 
 
 Day of 
 election. 
 
242 
 
 Sect. 52. 
 NOTE. 
 
 Returning 
 officer at 
 election. 
 
 The Municipal Corporations Act, 1882, 
 
 the day of election will be the 2nd. See section 230, post. And ina year 
 in which county councillors are elected, the elections of those councillors, and 
 of councillors of a borough, are to be conducted together. See the Local 
 Government Act, section 75, ante, p. 124. / 
 
 The first election of county councillors will, however, be held on a day to be 
 fixed by the returning officer between the 14th and 31st January, 1889. See 
 the Local Government Act, section 103, ante, p. 166. 
 
 53. (1) At an election of councillors for a whole borough the 
 returning officer shall be the mayor. 
 
 (2) At an election for a ward the returning officer shall be 
 an alderman assigned for that purpose by the council at the 
 meeting of the ninth of November. 
 
 It is provided by the Local Government Act, section 75, ante, p. 125, that 
 such a person as the county council may appoint shall be the returning officer 
 for the election of county councillors of the county council, in substitution for 
 the mayor, and for the aldermen assigned for that purpose by the council. It 
 has been pointed out in the note to section 50, ante, p. 241, that there must be 
 a separate election for each electoral division. It will be necessary to appoint 
 a returning officer for the entire county, corresponding to the mayor, who has 
 special duties to perform in connection with the hearing of objections to 
 nomination papers under schedule 3, part 2, rule 9, post. This official will be 
 the county returning officer, and he will in all divisions of the county be 
 returning officer in the place of the mayor and aldermen. He will have to 
 appoint a deputy returning officer for all divisions in which he does not him- 
 self undertake the duties of his office. See the note to the Local Government 
 Act, section 75, sub-section (3), ante, p. 125. 
 
 The same section of the Local Government Act further provides that in a 
 borough the returning officer, for the purpose of the election of councillors of 
 the borough, shall be the same as heretofore, and where an electoral division of 
 the county is co-extensive with, or wholly comprised in such borough, shall at 
 the election in such division of a councillor of the county council, act as the 
 returning officer in pursuance of a writ directed to him, from the county 
 returning officer, and so far as respects that election, shall follow the instruc- 
 tions of, and return the names of the persons elected to the county returning 
 officer, in like manner as if he were a deputy returning officer, and any decision 
 of an objection shall be subject to revision by the county returning officer 
 accordingly. Where the borough is not divided into wards, the mayor will be 
 the deputy returning officer for the election of county councillors. But where 
 the borough is divided into wards (which need not be co-extensive with the 
 electoral divisions; see the Local Government Act, section 51, ante), it was 
 not clear which of the aldermen was to act, and, accordingly, the Local 
 Government Board have issued an Order to meet the difficulty for the purposes 
 of the first election. This Order will be found set out at p. 126, ante. Again, 
 the duty of hearing objections to nomination papers in a borough devolves 
 upon the mayor. The same duty will devolve on the county returning officer 
 unless he entrusts that power to his deputy, as he may do, under the Local 
 Government Act, section 75, ante, p. 124. But if he deputes this duty, he has 
 not under the Local Government Act, nor, as is submitted, under any other 
 Act, power to revise the decision of the deputy. In this respect the provision 
 above quoted from the Local Government Act is hardly intelligible, unless it is 
 interpreted as giving, by implication, to the county returning officer the power 
 to revise the decisions of his deputies on objections disposed of by them. 
 
 By the Local Government Act, section 75, ante, p. 128, the 7th of November 
 is substituted for the 9th, as the day for holding a quarterly meeting of the 
 county council, The county returning officer will, therefore, be appointed on 
 that day. 
 
45 & 46 Vict. c. 50. 243 
 
 At the first election of county councillors the sheriff of each county shall be Sect. 53. 
 the county returning officer, unless heis a candidate, in which case the returning NOTE, 
 officer shall be a person appointed by the quarter sessions. See the Local — 
 Government Act, section 103, ante, p. 166. 
 
 54, Nine days at least before the day for the election of a ae: of 
 councillor, the town clerk shall prepare and sign a notice oan 
 thereof, and publish it by fixing it on the town hall, and, in 
 the case of a ward election, in some conspicuous place in the 
 ward. 
 
 The ordinary day of election of councillorsis the lst November. In general 
 the last day for giving notice under this section will be the 22nd October. 
 But if the Ist November happens to be a Sunday, the day of election will be 
 the 2nd November (see section 230, post), and the period of nine days must be 
 reckoned with reference to that date. See 49 J. P. 675. 
 
 In elections of county councillors the returning officer must give this notice, 
 which must be fixed in some conspicuous place in the electoral division. See 
 section 232, post, and the Local Government Act, s. 75, ante, p. 124. 
 
 Care must be taken to calculate the last day for delivery of nomination 
 papers, for a mistake may avoid the election. Howes v. Turner, 1 C.P, D. 
 670; 45 L. J. C. P. 550; 35 L. T. (.s.) 58. 
 
 55, The nomination of candidates for the office of coun- Nomina- 
 
 cillor shall be conducted in accordance with the rules in Part IT. Sa 
 
 of the Third Schedule. } dates. 
 See the schedule, post. 
 
 56, (1) If the number of valid nominations exceeds that of Relation 
 
 , : of nomina- 
 the vacancies, the councillors shall be elected from among the jion to 
 persons nominated. election. 
 
 (2) If the number of valid nominations is the same as that of 
 the vacancies, the persons nominated shall be deemed to be 
 elected. 
 
 (3) If the number of valid nominations is less than that of 
 the vacancies, the persons nominated shall be deemed to be 
 elected, and such of the retiring councillors for the borough or 
 ward as were highest on the poll at their election, or, if the 
 poll was equal, or there was no poll, as are selected for that 
 purpose by the mayor, shall be deemed to be re-elected to 
 make up the required number. 
 
 (4) If there is no valid nomination the retiring councillors 
 shall be deemed to be re-elected. 
 
 In the event of a failure of election at the first election, the vacancy is to be 
 filled in like manner as a casual vacancy in the county council may be filled, 
 that is to say, by a new election in manner provided by section 40, ante, 
 
 RQ 
 
244 The Municipal Corporations Act, 1882. 
 
 Sect. 56. p. 234, and section 66, post. See the Local Government Act, s, 107, ante, 
 NoTE. p. 173. 
 ae In subsequent elections the selection will be made by the returning officer. 
 See the Local Government Act, s. 75, ante, p. 124. 
 
 Where on a casual vacancy no proper nomination is made, a mandamus will 
 
 be granted on the application of a burgess to hold the election, and the court 
 
 will order the costs of the application to be paid by the corporation, eg. v. 
 Stratford-upon-Avon (Mayor of), Times L. R. vol. ii. p. 431. 
 
 Publica- 57, If an election of councillors is not contested, the re- 
 cies turning officer shall publish a list of the persons elected not 
 
 election, later than eleven o’clock in the morning on the day of election. 
 
 The hour must be determined by Greenwich time, as provided by 43 & 44 
 Vict. c. 9. The ordinary day of election is the 1st November; see section 52, 
 ante, p. 241, The day of election to fill a casual vacancy is the day fixed by 
 the mayor, or in elections of county councillors by the returning officer under 
 section 66, post. 
 
 Mode of 58. (1) If an election of councillors is contested, the poll 
 apolar shall, as far as circumstances admit, be conducted as the poll 
 contested at a contested parliamentary election is by the Ballot Act, 
 election. 418792 directed to be conducted, and, subject to the modifica- 
 tions expressed in Part III. of the Third Schedule,(a) and to 
 the other provisions of this Act, the provisions of the Ballot 
 Act, 1872, relating to a poll at a parliamentary election (in- 
 cluding the provisions relating to the duties of the returning 
 officer after the close of the poll), shall apply to a poll at an 
 election of councillors. ; , 
 
 (2) Every person entitled to vote may vote for any number 
 of candidates not exceeding the number of vacancies.(d) 
 
 (3) The poll shall commence at nine o’clock in the forenoon 
 and close at four in the afternoon of the same day.(c) 
 
 (4) But if one hour elapses during which no vote is tendered, 
 and the returning officer has not received notice that any person 
 has within that hour been prevented from coming to the poll 
 by any riot, violence, or other unlawful means, the returning 
 officer may, if he thinks fit, close the poll at any time before 
 four o’clock.(d) 
 
 (5) Where an equality of votes is found to exist between any 
 candidates, and the addition of a vote would entitle any of 
 those candidates to be declared elected, the returning officer, 
 whether entitled or not to vote in the first instance,(e) may 
 give such additional vote by word of mouth or in writing. 
 
 (6) Nothing in the Ballot Act, 1872, as applied by this Act, 
 shall be deemed to authorise the appointment of any agents of 
 
45 & 46 Vict. c. 50. 
 
 245 
 
 a candidate at a municipal election; but if, in the case of a Sect. 58. 
 municipal election, an agent of a candidate is appointed, and Saat 
 
 notice in writing of the appointment is given to the returning 
 officer, one clear day before the polling day, then the provi- 
 sions of the Ballot Act, 1872, with respect to agents of candi- 
 dates, shall, as far as regards that agent, apply in the case of 
 that election. 
 
 (a) See the schedule, post. 
 
 (0) See the note to section 40, ante, p. 234, as to a case where ordinary and 
 casual vacancies are filled at the same election. 
 
 (c) This provision is superseded by the 48 Vict. c. 10, which provides that 
 at every municipal election the poll Gf any) shall commence at eight o’clock 
 in the forenoon, and be kept open until eight o’clock in the afternoon of the 
 same day, and no longer. The Local Government Act, s. 75, ante, p. 127, 
 expressly provides that at an election of county councillors the hours of the 
 poll shall be those fixed by the 48 Vict. c. 10. 
 
 (d) This provision also seems to be superseded by the 48 Vict. c. 10. 
 
 (¢) This means that the returning officer may give this vote whether or not 
 he is enrolled as a burgess or as an elector for the division, as the case may be. 
 
 59, (1) At an election of councillors, the presiding officer 
 
 Questions 
 
 shall, if required by two burgesses, or by a candidate or his may be 
 
 agent, put to any person offering to vote, at the time of his ae 
 
 ‘presenting himself to vote, but not afterwards, the following 
 questions, or either of them :— : 
 
 (a) Are you the person enrolled in the burgess [or ward] roll 
 now in force for this borough [or ward] as follows 
 [read the whole entry from the roll]? 
 
 (0) Have you already voted at the present election [add in 
 case of an election for several wards, in this or any 
 other ward]? 
 
 (2) The vote of a person required to answer either of these 
 
 questions shall not be received until he has answered it. 
 
 (3) If any person wilfully makes a false answer thereto he 
 shall be guilty of a misdemeanor. 
 
 (4) Save as by this Act authorised, no inquiry shall be per- 
 mitted at an election as to the right of any person to vote. 
 
 This section will apply to an election of county councillors with certain, 
 modifications. “County electors” must be substituted for “ burgesses,” “ divi- 
 sion register ” for “ ward roll,’ “ county ” for “ borough,” and “ electoral divi- 
 sion” for “ward.” The second inquiry, however, is inapplicable if, as has 
 
 been pointed out, a county elector can vote in as many divisions as he is regis- 
 teredin. See the note to section 51, ante, p, 241. 
 
246 The Municipal Corporations Act, 1882. 
 
 Election of Aldermen.(a) 
 Bre 60. 60, (1) The ordinary day of election of aldermen shall be 
 
 eet 1. the ninth of November, and the election shall be held at the 
 
 pone oe quarterly meeting of the council.(d) 
 mode o 
 
 election of (2) The election shall be made immediately after the elec- 
 aldermen. tion of the mayor,(c) or, if there is a sheriff, the appointment 
 of the sheriff. 
 
 (3) An outgoing alderman, although mayor elect, shall not 
 vote.(d) 
 
 (4) Every person entitled to vote may vote for any number 
 of persons not exceeding the number of vacancies, by signing 
 and personally delivering at the meeting to the chairman a 
 voting paper containing the surnames and other names(e) and 
 
 places of abode and descriptions of the persons for whom he 
 votes. 
 
 (5) The chairman, as soon as all the voting papers have been 
 delivered to him, shall openly produce and read them, or cause 
 them to be read, and then deliver them to the town clerk to be 
 kept for twelve months.(/) 
 
 (6) In case of equality of votes the chairman, although as 
 an outgoing alderman or otherwise not entitled to vote in the 
 first instance, shall have the casting vote. 
 
 (7) The persons, not exceeding the number of vacancies, who 
 have the greatest number of votes, shall be declared by the 
 chairman to be, and thereupon shall be, elected. 
 
 (a) In county councils, the aldermen are to be called county aldermen. Sce 
 the Local Government Act, section 2, ante, p. 2. 
 
 The first election of aldermen by the provisional county councils will be held 
 on the second Thursday next after the day fixed for the first election. See 
 the Local Government Act, section 105, ante, p. 170. 
 
 (6) In order to avoid the clashing of the quarterly meeting in boroughs with 
 that of county councils, the Local Government Act, section 75, ante, p. 128, 
 provides that the 7th of November shall be substituted for the 9th as the 
 ordinary day of election of county aldermen, and as the day for holding a 
 quarterly meeting of the county council. 
 
 (c) See the next section. If the election of aldermen precedes that of the 
 mayor, it will be void. Reg. v. McGowan, 11 A. & EB. 869. But it will be 
 otherwise at the first election of county aldermen, for the county aldermen are 
 to be elected at the first meeting of the provisional county council, and the 
 chairman is to be elected at the second meeting. See the Local Government 
 Act, section 105, ante, p. 370, 
 
 (d) It is provided by the Local Government Act, section 2, ante, p. 2, that 
 a county alderman shall not, as such, vote in the election of a county alderman. 
 The meaning of the words “as such” is obscure. They may perhaps mean 
 that a councillor who on the 7th November has been elected an alderman may 
 vote for the other aldermen, but this is doubtful. In a borough council the 
 
oat 
 
 45 & 46 Vict. c. 50. 947 
 
 aldermen may vote with the exception mentioned in the text. In a recent Sect. 60. 
 case, an alderman was elected mayor, and thereupon made and subscribed the NomTE, 
 declaration. He then voted in the election of aldermen. It was held that — 
 his vote was invalid, for at the time when he voted he had not ceased to be 
 an outgoing alderman within the meaning of the text. Bridport Election 
 Petition, Hounsell v. Suttill, 19 Q. B. D. 498; 56 L. J. Q. B. 502; 57 L. T. 
 (N.8.) 102; 36 W. R. 127; 51 J. P. 440. 
 
 (e) The other names may probably be denoted by initials. See Reg. v. 
 Plenty, L. R. 4 Q. B. 346, and the cases cited in the notes to section 241, 
 post. 
 
 (/) In counties, the clerk of the council must keep the voting papers. 
 
 Hlection of Mayor.(a) 
 
 61. (1) The ordinary day of election of mayor shall be the ea a 
 
 ; mode 
 ninth of November.(d) . alecuen of 
 
 (2) The election of mayor shall be the first business trans- mayor. 
 acted at the quarterly meeting of the council on the day of 
 election. (c) 
 
 (3) An outgoing alderman may vote although the person for 
 whom he votes is an alderman.(d) 
 
 (4) In case of equality of votes, the chairman, although 
 not entitled to vote in the first instance, shall have the casting 
 vote.(e) 
 
 (a) In counties, the chairman of the county council is called chairman, 
 instead of mayor. See the Local Government Act, section 2, ante, p. 4. 
 
 (b) The quarterly meeting of a county council is to be held on the 7th 
 November. See note (0) to the preceding section. 
 
 (c) See Reg. v. Me Gowan, cited in the notes to the preceding section. 
 
 At the first meeting of the provisional county council the councillors are to 
 elect a chairman of the meeting and then proceed to elect the county aldermen. 
 The first chairman of the county council will be elected at the second meeting 
 of the council. See the Local Government Act, section 105, ante. 
 
 (d) An outgoing alderman is eligible. See section 15, sub-section (2), 
 ante, p. 216. 
 
 (e)- It is doubtful what this means. There does not appear to be a case in 
 which the chairman is not entitled to vote in the first instance. 
 
 Election of Auditors and Assessors. 
 
 62. (1) The ordinary day of election of elective auditors Timeand 
 shall be the first of March, or such other day as the council, "0%er 
 with the approval of the Local Government Board, from time anditors 
 to time appoint. and 
 
 (2) The ordinary day of election of revising assessors shall naga 
 be the first of March. 
 
 (3) If the election of elective auditors and that of revising 
 assessors are held at the same time, then at the poll one voting 
 
 paper only shall be used by any person voting. The names of 
 
248 
 
 The Municipal Corporations Act, 1882. 
 
 Sect. 62. the candidates for the respective offices shall be therein sepa- 
 
 SUB-S, 3 
 
 Right of 
 women to 
 vote. 
 Polling 
 districts, 
 
 ‘ rate, and distinguished so as to show the office for which each 
 
 is.a candidate, and the provisions of the Ballot Act, 1872, 
 shall be varied accordingly; but in the counting of the votes 
 every voting paper shall be deemed to be a separate voting 
 paper in respect of each office, and any objections thereto shall 
 be considered and dealt with accordingly. 
 
 (4) An elector shall not vote for more than one person to be 
 elective auditor or revising assessor. 
 
 (5) Elections of elective auditors and of revising assessors 
 shall be held at the town hall or some one other convenient 
 place appointed by the mayor. 
 
 (6) Save as in this section provided, all the provisions of this 
 Act with respect to the nomination and election of councillors 
 for a borough not having wards shall apply to the nomination 
 and election of elective auditors and revising assessors. 
 
 It is provided by the Local Government Act, section 75, ante, p. 128, that 
 
 the provisions of this Act as to borough auditors shall not apply to county 
 councils. 
 
 Revising assessors are no longer to be elected in any borough. See the note 
 to section 29, ante, p. 225. 
 
 Supplemental and Hxceptional Provisions. 
 
 63. For all purposes connected with and having reference to 
 the right to vote at municipal elections words in this Act 
 importing the masculine gender include women. 
 
 The County Hlectors Act, 1888, section 2, extends the provisions of this 
 section to so much of every county as is not comprised within the limits of a 
 municipal borough. Women are therefore qualified to be enrolled and to vote 
 as burgesses or county electors. But it is to be inferred from this section that 
 women may not be elected. Had no express provision been made, a woman 
 might have been deemed a “ person” within the meaning of sections 9 and 11, 
 having regard to the provisions of 13 & 14 Vict. c. 21. But this section by 
 providing in effect that a woman shall be a “‘ person” within section 9, implies 
 that she is not a person within section 11. See the judgments in Wlintham v. 
 Roxburgh, ante, p. 212. The right of women to vote under this section does 
 not extend to married women. See Reg. v. Harrald, L. R. 7 Q. B. 361; 41 
 L. J. Q. B. 173; 26 L. T. (4.8.) 616; 20 W. R. 328; 36 J. P. 4388. 
 
 64. The council may divide the borough or any ward into 
 polling districts, and thereupon the overseers shall, so far as 
 practicable, make out the parish burgess lists so as to divide 
 the names in conformity with the polling districts. 
 
 For the purposes of the first election of county councillors, the returning 
 
 officer may, if it appear to him necessary, divide an electoral division into 
 polling districts, so however that every polling district shall be an area or 
 
 an 
 
45 ¢ 46 Vict. c. 50. 949 
 
 combination of areas for which separate parts of the register of electors are Sect, 64, 
 
 made out, and he shall settle and give proper notice of the places at which the Nortk, 
 
 poll for each electoral division or district of a division shall be taken. — 
 In a parish which is not within a municipal borough, the lists of voters are 
 
 to be framed in parts for polling districts and electoral divisions, and for urban 
 
 districts and for wards in such a manner that the parts may be conveniently 
 
 compiled or put together to serve as lists for polling districts and elections in 
 
 urban districts and as electoral division or ward lists. See the County Electors 
 
 Act, 1888, section 4, sub-section (2), amended by the Local Government Act, 
 
 section 76, ante, p. 135. 
 
 65. Any notice required to be given in connection with a Notices as 
 municipal election may, as to elective auditors and revising rp 
 assessors, be comprised in one notice, and may, as to ward 
 elections, comprise matter necessary for several wards. 
 
 The provisions as to elective auditors do not apply to elections of county 
 councillors, and revising assessors are no longer to be elected. See the note to 
 section 62, ante, p. 248. The provision as to notices will, however, apply to 
 elections of county councillors, and will enable one notice to be given comprising 
 matter necessary for several electoral divisions. 
 
 66. (1) Onacasual vacancy in a corporate office, the election Time for 
 
 shall be held within fourteen days after notice in writing of the oe ay, 
 
 vacancy has been given to the mayor or town clerk by two cancies. 
 burgesses. 
 
 (2) Where the office vacant is that of mayor, the notice of 
 the meeting for the election shall be signed by the town clerk. 
 
 (3) In other cases the day of election shall be fixed by the 
 mayor. 
 
 As to the holding of elections to fill casual vacancies, see section 40, ante, 
 . 234. 
 4 For a case where there was no valid nomination to fill a casual vacancy, see 
 Reg v. Stratford-upon-Avon, ante, p. 244. 
 
 The notice of a casual vacancy may be given by any two burgesses or county 
 electors. It may be given in county councils to the chairman or clerk of the 
 council. Where a person has been elected and has resigned, the new election 
 may be within fourteen days after notice under this section. Reg. v. Bester, 
 3 L. T. (.s.) 667; 9 W. R. 277; 7 Jur. (W.S.) 262. 
 
 As to the election to fill casual vacancies at the first election of county 
 councillors, see the Local Government Act, section 107, ante, p. 173, and the 
 note to section 56, ante, p. 243. 
 
 It seems that the word “ mayor” in sub-section (1) must be read as “ chair- 
 man of the county council,” but whether this be so or not the word must be 
 read as standing for “returning officer” in sub-section (3). See the Local 
 Government Act, section 75, ante, p. 124. 
 
 67. (1) If the mayor is dead, or is absent, or otherwise Illness, &e, 
 
 incapable of acting in the execution of his powers and duties as a serch. 
 to elections under this Act, the council shall forthwith choose ing officer, 
 
250 
 Sect. 67. 
 SuB-S. 1, 
 
 Election of 
 
 councillor 
 in more 
 than one 
 ward, 
 
 Elections 
 not in 
 churches, 
 
 Omission 
 to hold 
 election or 
 election 
 void, 
 
 The Municipal Corporations Act, 1882. 
 
 an alderman to execute those powers and duties in the place 
 of the mayor. 
 
 (2) In case of the illness, absence, or incapacity to act of 
 the alderman assigned to be returning officer at a ward election, 
 the mayor may appoint to act in his stead another alderman, 
 or, if the number of aldermen does not exceed the number of 
 wards, a councillor, not being a councillor for that ward, and 
 not being enrolled in the ward roll for that ward. 
 
 This section does not apply to county councils, unless it is read as an express 
 provision that in case of the death, &c., of the county returning officer the 
 county council may appoint another person in his stead. The county council 
 appoint the county returning officer under section 75 of the Local Government 
 Act, ante, p. 125, and there seems to be no reason why they should not, without 
 the aid of this section, appoint another person in case of his death, &c. Sub- 
 section (2) cannot apply, for the county returning officer is to be substituted 
 
 for the aldermen as well as for the mayor. See the note to section 53, ante, 
 p. 242. 
 
 68. Ifa person is elected councillor in more than one ward, 
 he shall, within three days after notice thereof, choose, by 
 writing signed by him and delivered to the town clerk, or in his 
 default the mayor shall, within three days after the time for 
 choice has expired, declare for which of those wards he shall 
 serve, and the choice or declaration shall be conclusive. 
 
 The reference to the mayor and town clerk must be read as a reference to 
 the returning officer, having regard to the Local Government Act, section 75, 
 sub-sections (4) and (5), ante, p. 125. 
 
 Upon the declaration being made a casual vacancy will be created in the 
 division or ward for which the councillor has elected not to serve. As to the 
 filling up of such casual vacancies, see section 40, ante, p. 234; section 66, ante, 
 
 p. 249; and as to the filling up of such vacancies at the first election, see the 
 Locai Government Act, section 107, ante, p. 173. 
 
 69, A municipal election shall not be held in any church, 
 chapel, or other place of public worship. 
 
 70. (1) Ifa municipal election is not held on the appointed 
 
 day, or within the appointed time, it may be held on the day — 
 
 next after that day or the expiration of that time. 
 
 (2) If a municipal election is not held on the appointed day, 
 or within the appointed time, or on the day next after that day 
 or the expiration of that time, or becomes void, the municipal 
 corporation shall not thereby be dissolved or be disabled 
 from electing, but the High Court may, on motion, grant a 
 mandamus for the election to be held on a day appointed by 
 the court.(a) 
 
 es cm. —— 
 
a 
 
 45 & 46 Vict. c. 50. 951 
 
 (3) Thereupon public notice of the election shall, by such Sect. 70. 
 person as the court directs, be fixed on the town hall,(b) and cba 
 shall be kept so fixed for at least six days before the day 
 appointed for the election ; and in all other respects the election 
 shall be conducted as directed by this Act respecting ordinary 
 elections. 
 
 (a) For a case where a mandamus was granted, see Reg. v. Stratford-upon- 
 Avon, ante, p. 244. 
 
 (2) See section 231, post. In the election of county councillors the notice 
 may be fixed in a conspicuous place in the division. 
 
 The Local Government Board has extensive power to remedy defects in and 
 about a first election of county councillors, See the Local Government Act, 
 section 108, ante, p. 174. 
 
 71, (1) Ifa parish burgess list is not made or revised in due Burgess 
 
 time, the corresponding part of the burgess roll in operation ea 
 
 before the time appointed for the revision shall be the parish tion until 
 
 burgess list until a burgess list for the parish has been revised revision of 
 new bur- 
 
 and become part of the burgess roll. gess roll. 
 
 (2) If a burgess roll is not made in due time, the burgess roll 
 in force before the time appointed for the revision shall continue 
 in force until the new burgess roll is made. 
 
 At the first election of county councillors, if the register of electors is not 
 properly made up, the Local Government Board have power to remedy the 
 defect under section 108 of the Local Government Act, ante, p. 174. 
 
 The roll of county electors need not be made up in the present year (1888) 
 before the 31st December ; but in future years it must, like the burgess roll of 
 a borough, be made up on or before the 20th October. 
 
 The above section is expressly applied to elections of county councillors by 
 section 7 of the County Electors Act, 1888. See the section quoted, ante, 
 p. 237. 
 
 79. An election shall not be invalidated by non-compliance Non-com- 
 with the rules in the Third Schedule, or mistake in the use of Pliance 
 the forms in the Highth Schedule, if it appears to the court inane 
 having cognisance of the question that the election was con- 
 ducted in accordance with the principles laid down in the body 
 of this Act. 
 
 See Schedule 3, post. 
 Schedule 8 is not incorporated by the Local Government Act except jas ‘to 
 the Forms of Declaration in Part I. 
 
 73, Every municipal election not called in question within Election 
 
 twelve months after the election, either by election petition or "74, 
 by information in the nature of a quo warranto, shall be deemed questioned 
 to have been to all intents a good and valid election. ee 
 
 A municipal election must be questioned by means of an election petition, months, 
 and cannot be questioned by guo warranto on any of the grounds mentioned 
 
252, 
 Sect. 74. 
 
 NOTE. 
 
 Offences in 
 relation to 
 nomina- 
 tion 
 papers. 
 
 Offences in 
 relation to 
 lists and 
 elections. 
 
 The Municipal Corporations Act, 1882. 
 
 in section 87, post. That section does not, however, apply to prevent pro- 
 ceedings in the nature of guo warranto against a person who has been duly 
 elected and subsequently becomes disqualified. As to the time within which 
 proceedings by way of guo warranto must be taken, see section 225, post. 
 
 74, (1) If any person forges or fraudulently defaces or frau- 
 dulently destroys any nomination paper, or delivers to the town 
 clerk any forged nomination paper, knowing it to be forged, he 
 shall be guilty of a misdemeanor, and shall be liable to 
 imprisonment for any term not exceeding six months, with or 
 without hard labour. 
 
 (2) An attempt to commit any such offence shall be punish- 
 able as the offence is punishable. . 
 
 Where a person signed the name of a voter to a paper with the consent of 
 the voter’s wife, but without his knowledge and believing that he might do so, 
 it was held that he could not be convicted of fabricating the voting paper 
 within the meaning of 21 & 22 Vict. c. 98,8. 13. Aberdare Local Board v. 
 Cos L. R. 10 Q. B. 162; 44 L. J. M. C. 49; 32 L. T. Qv.s.) 20; 39 
 
 sd OU) 
 
 In a recent case the respondent, a candidate at a local board election, called 
 at the house of a voter to whom a voting paper had been sent, and asked her 
 how she intended to vote, and to hand him the voting paper, which she did. 
 He then inquired if she knew how to fill it up, and she replied in the affirma- 
 tive. The respondent thereupon, without any authority, express or implied, 
 from the voter, wrote in pencil the initials of the voter against his own name, 
 The voter objected to his doing so, The respondent left the voting paper with 
 the voter with her initials so written by him against his own name, but with no 
 other mark upon it. The voter subsequently struck out the initials so written 
 by the respondent and placed his initials against the names of three other 
 candidates, and signed her own name to the voting paper. It was found that 
 the respondent so pencilled the initials of the voter with the intent of indicating 
 on her behalf that she intended to vote for him, and of inducing and procuring 
 her to vote for him. The respondent was successful at the poll. A petition 
 was presented against his return, on the ground of illegal practices, inter alia, 
 of fabricating in whole or in part a voting paper, and of falsely assuming to act 
 in the name or on behalf of a voter. It was held that the act of the respondent 
 did not amount to a fabrication in whole or in part of the voting paper, nor to 
 falsely assuming to act in the name or on behalf of the voter. Gough v. 
 Murdoch, 57 L. T. (8.8.) 308; 35 W. R. 836; 51 J. P. 471. 
 
 75, (1) Ifa mayor or revising assessor neglects or refuses to 
 revise a parish burgess list,(a) or a mayor or alderman(d) neglects 
 or refuses to conduct or declare an election, as required by this 
 Act, he shall for every such offence be liable to a fine not 
 exceeding one hundred pounds, recoverable by action.(c) 
 
 (2) If— 
 
 (a) An overseer neglects or refuses to make, sign,(cc) or 
 
 deliver a parish burgess list, as required by this Act ; or 
 
 (6) A town clerk(d) neglects or refuses to receive, print, and 
 
 publish a parish burgess list or list of claimants or 
 respondents, as required by this Act; or 
 
45 & 46 Vict. c. 50. 
 
 258 
 
 (c) An overseer or town clerk(d) refuses to allow any such Sect. 75. 
 
 list to be inspected by a person having a right thereto; 
 _ he shall for every such neglect or refusal be liable to a fine not 
 exceeding fifty pounds, recoverable by action.(c) 
 
 (3) An action under this section shall not lie after three 
 months from the neglect or refusal. A moiety of any fine 
 recovered therein shall, after payment of the costs of action, be 
 paid to the plaintiff. 
 
 (a) It has already been pointed out that in future no parish burgess list will 
 be revised by the mayor and revising assessors. See section 44, ante, p. 236, 
 and the notes thereto. 
 
 (0) In applying this section to county councils the returning officer must be 
 substituted for the mayor or alderman. See the Local Government Act, section 
 75, ante, p. 125. 
 
 A mere omission, though not wilful,is an offence against this section. King 
 v. Burrell, 12 A. & BE. 460; King v. Share, 3 Q. B. 31; Hunt v. Hibbs, 5 H. 
 & N. 123; 29 L. J. Ex. 122; 6 Jur. (.s.) 78; 2 L. T. (N.8.) 379; 8 W. R. 
 238 ; 24 J. P. 118. 
 
 (c) See section 226, post. But observe that by sub-section (3) the action 
 must be brought within three months. Notice of actionis not necessary. King 
 v. Burrell, supra. 
 
 (cc) The delivery of a printed copy, corrected by an overseer in his own 
 handwriting, is not a sufficient signature. King v. Burrell, supra. A church- 
 warden must sign. Jd. 
 
 (d) This will apply to the clerk of a county council with regard to the 
 county electors’ lists. Where liability is incurred for neglecting to make out 
 a list, a second penalty is not incurred under this sub-section. Gregory v. 
 Fell, 6 Jur, 422. 
 
 SuUB-S. 2 ¢. 
 
 76, (1) If the Ballot Act, 1872, ceases to be in force, so Revivalof 
 
 much of this Act as directs that the poll at a contested election 
 of councillors shall be conducted as the poll at a contested 
 
 former law 
 n expira- 
 tion of 
 
 parliamentary election is by the Ballot Act, 1872, directed to Ballot Act. 
 
 be conducted, and as applies provisions of the Ballot Act, 1872, 
 to a’ poll at a contested election of councillors, shall forthwith 
 cease to be in force, and thereupon the enactments in Part IV. 
 of the Third Schedule shall revive and be in force. 
 
 (2) But this cesser and revivor shall not affect any act done, 
 right acquired, or liability or fine incurred, or the institution or 
 prosecution to its termination of any proceeding in respect of 
 any such right, liability, or fine. 
 
 The Ballot Act, 1872, is continued in force until the 31st December, 1889, 
 by the Expiring Laws Continuance Act, 1888, 51 & 52 Vict. c. 38. 
 
254 The Municipal Corporations Act, 1882. 
 
 PART IV. 
 Corrupt PRACTICES AND ELECTION PETITIONS. 
 
 Corrupt Practices. 
 Sect.77. 77, In this Part— 
 Defini- ‘Bribery,’ ‘‘treating,” ‘‘undue influence,” and ‘‘ persona- 
 ee tion,”’(a) include respectively anything done before, at, after, 
 or with respect to a municipal election, which if done before, 
 at, after, or with respect to a parliamentary election would 
 make the person doing the same liable to any penalty, punish- 
 ment, or disqualification for bribery, treating, undue influence, 
 or personation, as the case may be, under any Act for the time 
 being in force with respect to parliamentary elections :(0) 
 ‘Candidate’? means a person elected, or having been nomi- 
 nated, or having declared himself a candidate for election, to a 
 corporate office: 
 « Voter’? means a burgess or a person who votes or claims 
 to vote at a municipal election: | 
 ‘«‘ Blection court ’’ means a court constituted under this Part 
 for the trial of an election petition: | 
 ‘Municipal election petition” or ‘‘ election petition’ means 
 a petition under this Part complaining of an undue municipal 
 election: 
 ‘«‘ Parliamentary election petition” means a petition under 
 the Parliamentary Elections Act, 1868: 
 ‘«‘ Prescribed’ means prescribed by general rules under this 
 Part: 
 “Borough” and “election”’ when used with reference to a 
 petition mean the borough and election to which the petition 
 relates. 
 
 > 
 
 (a) The definition of these offences will be found in the Municipal Elections 
 (Corrupt Practices) Act, 1884, 47 & 48 Vict. c. 70, sched. 3, post, which 
 amends this part of the Municipal Corporations Act, 1882, and is incorporated 
 with the Local Government Act by section 75, ante, p. 124. 
 
 (b) The definition of “corrupt practice” and “canvasser” are repealed by 
 
 47 & 48 Vict. c. 70, post. 
 
 These sections were repealed by the 47 & 48 Vict. c. 70, post. 
 
 Avoidance 81. A municipal election shall be wholly avoided by such 
 of election general corruption, bribery, treating, or intimidation at the 
 
45 & 46 Vict. c. 50. 552 
 election as would by the common law of Parliament avoid a Sect. 81. 
 parliamentary election. for general 
 corruption. 
 
 a ee Rye oes G4 Se ve 
 These sections were repealed by 47 & 48 Vict. c. 70, post. 
 
 85. The votes of persons in respect of whom any corrupt Hay 
 practice is proved to have been committed at a municipal ° °° 
 election shall be struck off on a scrutiny. 
 
 The 47 & 48 Vict. c. 70, s. 22, post, provides that every person guilty of a 
 corrupt or illegal practice, or of illegal employment, payment, or hiring at a 
 municipal election, is prohibited from voting at such election, and if any such 
 rerson votes his vote shall be void, and shall be struck off on a scrutiny. This 
 
 provision is of wider application than the above section, and practically super- 
 sedes it. 
 
 86. The enactments for the time being in force for the Persona- 
 detection of personation and for the apprehension of persons 
 charged with personation at a parliamentary election shall 
 apply in the case of a municipal election. 
 
 These enactments are contained in 6 Vict. c. 18, ss. 85—89, which are 
 incorporated with the Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24, post. They 
 provide for the appointment of agents to detect personation at the time of polling, 
 
 for the giving of persons charged with personation into custody, and for the 
 proceedings before justices on the charge. 
 
 Election Petitions. 
 
 87. (1) A municipal election may be questioned by an elec- Power to 
 
 tion petition on the ground— question 
 municipal 
 
 (a) That the election was as to the borough or ward wholly election by 
 avoided by general bribery, treating, undue influence, elec 
 
 or personation ;(a@) or 
 
 (0) That the election was avoided by corrupt practices or 
 offences against this Part committed at the elec- 
 tion ;(b) or 
 
 (c) That the person whose election is questioned was at the 
 time of the election disqualified ;(c) or 
 
 (dq) That he was not duly elected by a majority of lawful 
 votes. (d) 
 
 (2) A municipal election shall not be questioned on any of 
 
 those grounds except by an election petition.(e) 
 
 (a) For the definition of these offences, see schedule 3 of the 47 & 48 Vict. 
 ¢. 70, post, and the notes to that schedule. 
 
256 
 Sect. 87. 
 
 NOTE, 
 
 Presenta- 
 tion of 
 petition, 
 
 The Municipal Corporations Act, 1882. 
 
 (b) An election may also be questioned for illegal practices. See 47 & 48 
 Vict. c. 70, 8. 25, post. 
 
 (c) This applies only to disqualifications existing at the time of the election. 
 If a councillor becomes disqualified after he has been elected, the proper remedy 
 is by quo warranto, Where the mayor disallowed an objection to a nomina- 
 tion paper, relating not to its form, but to the time of its delivery, it was held 
 that this decision might be questioned on petition under the provision in the 
 text. Howes v. Turner, 1 C. P. D. 670; 45 L. J. C. P. 550; 35 L. T. (.8.) 
 58. Brett, J., pointed out that the word disqualified was not limited to 
 personal disqualification only. 
 
 Under schedule 3, part 2, rule 7, post, a nomination paper must be delivered 
 by the candidate, or his proposer or seconder, personally, and not by an agent. 
 A nomination objected to on this ground is cognizable by the mayor, whose 
 decision allowing it may be questioned on petition. Monks v. Jackson, 
 1C. P. D. 683; 46 L. J. C. P. 162; 35 L. T. QS.) 95. 
 
 (d) In this case the petition will involve a scrutiny. Where a returning 
 officer has improperly allowed an objection to a nomination paper, a petition 
 lies under this head, for if the paper had not been rejected the votes might have 
 been differently given. Budge v. Andrews, 3 C. P. D. 510; 47 L. J.C. P. 586; 
 39 L. T. (N.8.) 166. If an elector having knowledge or notice of the disquali- 
 fication of a candidate wilfully votes for him, his vote is thrown away. But 
 knowledge of the fact which creates a legal disqualification does not involve 
 knowledge that the candidate is legally disqualified. Reg. v. Tewkesbury 
 (Mayor, §¢c., of), L. R. 3 Q. B. 629; 37 L. J. Q. B. 288; 18 L. T. G8.) 851 ; 
 16 W. R. 1200. See, further, as to votes thrown away, Reg. v. Hiorns, 7 
 A. & E. 960; Reg. v. Leeds (Mayor, §c., of), tb. 963. 
 
 (e) It follows from this provision that gue warranto will not lie on any of 
 the grounds mentioned in this section. 
 
 At a municipal election A. and B. were candidates for the office of councillor. 
 A. obtained a majority of votes over B., and was declared elected, but refused 
 to serve. 3B. thereupon claimed to have been elected, and having made the 
 necessary declaration, acted on several occasions as councillor, A petition was 
 presented against both A. and B., and both of them gave notice of their inten- 
 tion not to oppose the petition. No notice of A.’s disqualification was given to 
 the electors. Onan application by B. to the court that his name might be 
 struck out of the petition, the court refused the application on the ground that 
 he was properly made a respondent. Yates v. Leach, L. R. 9 C. P. 605; 43 
 LJ. P. 3877: 30 22 De Gis.) 720; 
 
 Where a councillor became disqualified through having made a composition 
 with his creditors, but his office was never declared vacant under section 39, 
 ante, p. 232, and he was afterwards re-elected, it was held that if there was any 
 remedy in such a case it was by petition, and not by mandamus, to declare the 
 office void. Reg. v. Welshpool (Mayor of), 35 L. T. (N.S.) 594. 
 
 88, (1) An election petition may be presented either by four 
 or more persons who voted or had a right to vote at the elec- 
 tion or by a person alleging himself to have been a candidate 
 at the election. 
 
 (2) Any person whose election is questioned by the petition, 
 and any returning officer of whose conduct a petition complains, 
 may be made a respondent to the petition.(a) 
 
 (3) The petition shall be in the prescribed form and shall be 
 signed by the petitioner, and shall be presented in the pre- 
 scribed manner to the High Court in the Queen’s Bench 
 Division, and the prescribed officer shall send a copy thereof 
 
- 
 
 45 & 46 Vict. c. 50. 
 
 to the town clerk, who shall forthwith publish it in the 
 borough.(b) 
 
 (4) It shall be presented within twenty-one days after the 
 day on which the election was held, except that if it complains 
 of the election on the ground of corrupt practices, and specifi- 
 cally alleges that a payment of money or other reward has 
 been made or promised since the election by a person elected 
 at the election, or on his account or with his privity, in 
 pursuance or furtherance of such corrupt practices, it may be 
 presented at any time within twenty-eight days after the date 
 of the alleged payment or promise, whether or not any other 
 petition against that person has been previously presented or 
 tried.(c) 
 
 (a) A petition may be presented against some only of the persons returned, 
 though the ground of the petition is one affecting the validity of the election 
 as a whole ; and the court can in such a case declare the person so petitioned 
 against not to have been duly elected. Line v. Warren, 14 Q. B. D. 548; 
 54 L. J. Q. B. 291; 49 J. P. 516. 
 
 An unsuccessful candidate at an election cannot be made a respondent to a 
 petition, although he coalesced for the purposes of the election with two 
 successful candidates, so as to be responsible equally with them for any acts 
 done by any of the three in furtherance of the common purpose. Lovering v. 
 Dawson, L. R. 10 C. P. 726; 44 L. J.C. P. 821; 32 L. T. Qs.) 819. 
 
 Where a mayor bond fide decides on an objection to a nomination paper, a 
 complaint of such decision as erroneous is not a complaint of the conduct of 
 the mayor within the meaning of this section. Harmon v. Park, 6 Q. B. Dy 
 323; 50 L. J. Q. B. 227; 44 L. T. (w.8.) 81; 29 W. R. 750; 45 J. P. 436. 
 
 (b) The word “ prescribed” here means prescribed by general rules. See 
 section 77, ante,p. _; see also section 100, post, and the rules made thereunder, 
 which are set out, post. 
 
 In applying this sub-section to county council elections, the term “town 
 clerk” must be read “clerk of the council,” and “ borough” as “ county.” 
 The publication should evidently be made in the electoral division to which it 
 relates, 
 
 (c) If the petition is founded on an illegal practice it must be presented 
 within fourteen days after the date when the town clerk or clerk of the 
 council receives the return and declaration respecting election expenses ; and 
 in the event of an illegal practice after the election within twenty-eight days 
 thereafter. 47 & 48 Vict. c. 70, s. 25, post. By the same section it is provided 
 that any election petition presented within the time limited by the Municipal 
 Corporations Act, 1882, may, for the purpose of complaining of the election 
 upon an allegation of an illegal practice, be amended, with the leave of the 
 High Court, within the time within which a petition complaining of the 
 election on the ground of that illegal practice can, under that section, be 
 presented. 
 
 The court cannot after the period of twenty-one days here mentioned allow 
 an amendment which would practically amount toa new petition, as by adding 
 a charge of treating. Clark v. Lowley, 52 L. J. Q. B. 321; 48 L. T. (N.S.) 
 762; 31 W. R. 551; 47 J. P. 551. 
 
 257 
 
 Sect. 88. 
 Sus-S. 3. 
 
 ee 
 
 89, (1) At the time of presenting an election petition, or Security 
 
 within three days afterwards, the petitioner shall give security : 
 
 ) 
 
 or costs, 
 
258 
 
 The Municipal Corporations Act, 1882. 
 
 Sect. 89. for all costs, charges, and expenses which may become payable 
 
 SuB-S. 1 
 
 —— 
 
 Petition 
 at issue. 
 
 by him to any witness summoned on his behalf, or to any 
 respondent. 
 
 (2) The security shall be to such amount, not exceeding five 
 hundred pounds, as the High Court, or a judge thereof, on 
 summons, directs, and shall be given in the prescribed 
 manner,(a) either by a deposit of money, or by recognizance 
 entered into by not more than four sureties, or partly in one 
 way and partly in the other. 
 
 (3) Within five days after the presentation of the petition 
 the petitioner shall in the prescribed manner(b) serve on the 
 respondent a notice of the presentation of the petition, and 
 of the nature of the proposed security, and a copy of the 
 petition. 
 
 (4) Within five days after service of the notice the respondent 
 may object in writing to any recognizance on the ground that 
 any surety is insufficient or is dead, or cannot be found or 
 ascertained for want of a sufficient description in the recog- 
 nizance, or that a person named in the recognizance has not 
 duly acknowledged the same. 
 
 (5) An objection to a recognizance shall be decided in the 
 prescribed manner.(c) 
 
 (6) If the objection is allowed, the petitioner may, within a 
 further prescribed time not exceeding five days, remove it by a 
 deposit in. the prescribed manner of such sum of money as will, 
 in the opinion of the court or officer having cognizance of the 
 matter, make the security sufficient. 
 
 (7) If no security is given, as prescribed, or any objection is 
 allowed and is not removed, as aforesaid, no further pro- 
 ceedings shall be had on the petition. 
 
 (a) See rules 16 to 38, post. 
 
 (b) See rules 14, 15, post. By rule 36, the petitioner or hisi{agent must file 
 an affidavit of the time and manner of the service immediately after such 
 service. The observance of these provisions as to service of the petition is a 
 condition precedent to the trial of the petition. Wélliams v. Tenby (Mayor 
 of ), 5 C. P. D. 185; 49L. J. C. P. 325; 42 L. T. (8.) 187; 28 W. R. 
 616 ; 44 J. P. 348. 
 
 (ce) See rules 27—34, post. 
 
 90, On the expiration of the time limited for making objec- 
 tions, or, after objection made on the objection being dis- 
 allowed or removed, whichever last happens, the petition shall 
 be at issue. 
 
 The objections here referred to are the objections to recognizances under the 
 preceding section, 
 
45 & 46 Vict. c. 50. 259 - 
 
 91, (1) The prescribed officer(a) shall as soon as may be Sect. 91. 
 make a list, in this Act referred to as the municipal election al 
 list, of all election petitions at issue, placing them in the order Municipal 
 in which they were presented, and shall keep at his office a list, ae 
 copy of this list, open to inspection in the prescribed manner.(b) 
 
 (2) The petitions shall, as far as conveniently may be, be 
 tried in the order in which they stand in the list. 
 
 (3) Two or more candidates may be made respondents to 
 the same petition, and their cases may be tried at the same 
 time, but for the purposes of this Part the petition shall be 
 deemed to be a separate petition against each respondent.(c) 
 
 (4) Where more petitions than one are presented relating to 
 the same election, or to elections held at the same time for 
 different wards of the same borough,(d) they shall be bracketed 
 together in the list as one petition, but shall, unless the High 
 Court otherwise directs, stand in the list in the place where 
 the last of them would have stood if it had been the only 
 petition relating to that election. 
 
 (a) That is, the master for the time being nominated as prescribed officer. 
 
 See rule 1, post. 
 
 (6) As to the making out of the list and the inspectiou of such lists, see 
 rule 39, post. : 
 
 (ce) See Line v. Warren, ante, p. 257. 
 
 (d) This must, in relation to county council elections, be read as “ different 
 electoral divisions of the same county.” 
 
 92, (1) An election petition shall be tried by an election Constitu- 
 court, consisting of a barrister, qualified and appointed as in HUF 
 this section provided, without a jury. court. 
 
 (2) A barrister shall not be qualified to constitute an election 
 court if he is of less than fifteen years’ standing, or is a member 
 of the Commons House of Parliament, or holds any office or 
 place of profit under the Crown, other than that of recorder. 
 
 (3) A barrister shall not be qualified to constitute an election 
 court for trial of an election petition relating to any borough 
 for which he is recorder, or in which he resides, or which is 
 included in a circuit of Her Majesty’s judges on which he 
 practises as a barrister. 
 
 (4) As soon as may be after a municipal election list is made 
 out the prescribed officer shall send a copy thereof to each of 
 the judges for the time being on the rota for the trial of 
 parliamentary election petitions. (a) 
 
 (5) If a commissioner to whom the trial of a petition is 
 assigned dies, or declines or becomes incapable to act, the said 
 
 §2 
 
Trial of 
 election 
 petition. 
 
 The Municipal Corporations Act, 1882. 
 
 judges or two of them may assign the trial to be conducted 
 or continued by any other of the commissioners appointed 
 under this section. 
 
 (6) The election court shall for the purposes of the trial have 
 the same powers and privileges as a judge on the trial of a 
 parliamentary election petition, except that any fine or order 
 of committal by the court may on motion by the person 
 agerieved be discharged or varied by the High Court, or in 
 vacation by a judge thereof, on such terms, if any, as the High 
 Court or judge thinks fit. 
 
 (a) The remainder of this sub-section was repealed by 47 & 48 Vict. c. 70, 
 schedule 2, post. Section 36, sub-section (2), of that Act, post, contains the 
 substituted provision. It provides that the judges may annually appoint a 
 number of barristers, not exceeding five, to be commissioners for the trial of 
 election petitions, under Part IV. of the Municipal Corporations Act and that 
 Act, and shall from time to time assign the petitions to be tried by each 
 commissioner. 
 
 93, (1) An election petition shall be tried in open court, 
 and notice of the time and place of trial shall be given in the 
 prescribed manner not less than seven days before the day of 
 trial.(a) 
 
 (2) The place of trial shall be within the borough,(b) except 
 that the High Court may, on being satisfied that special cir- 
 cumstances exist rendering it desirable that the petition should 
 be tried elsewhere, appoint some other convenient place for the 
 trial.(c) 
 
 (3) The election court may in its discretion adjourn the 
 trial from time to time,(d) and from any one place to any other 
 place within the borough,(d) or place where it is held. 
 
 (4) At the conclusion of the trial the election court shall 
 determine whether the person whose election is complained of, 
 or any and what other person, was duly elected, or whether 
 the election was void, and shall forthwith certify in writing the 
 determination to the High Court, and the determination so 
 certified shall be final to all intents as to the matters at issue 
 on the petition. 
 
 (5) Where a charge is made in a petition of any corrupt — 
 practice or offence against this Part having been committed at 
 the election, the court shall, in addition to the certificate, 
 and at the same time, report in writing to the High Court as 
 follows: 
 
 (a) Whether any corrupt practice or offence against this Part 
 
 has or has not been proved to have been committed 
 
45 € 46 Vict. c. 50. 961 
 
 by or with the knowledge and consent of any candidate Sect. 93. 
 at the election, and the nature of the corrupt practice sae os 
 or offence ; 
 
 (0) The names of all persons (if any) proved at the trial to 
 have been guilty of any corrupt practice or offence 
 against this Part ; 
 
 (c) Whether any corrupt practices have, or whether there is 
 reason to believe that any corrupt practices have, 
 extensively prevailed at the election in the borough 
 or in any ward thereof.(e) 
 
 (6) The election court may at the same time make a special 
 report to the High Court as to any matters arising in the course 
 of the trial, an account of which ought, in the judgment of the 
 election court, to be submitted to the High Court. 
 
 (7) If, on the application of any party to a petition made in 
 the prescribed manner to the High Court, it appears to the 
 High Court that the case raised by the petition can be con- 
 veniently stated as a special case, the High Court may direct 
 the same to be stated accordingly, and any such special case 
 shall be heard before the High Court, and the decision of the 
 High Court shall be final.(/) 
 
 (8) If it appears to the election court on the trial of metncn 
 that any question of law as to the admissibility of evidence, or 
 otherwise, requires further consideration by the High Court, 
 the election court may postpone the granting of a certificate 
 until the question has been determined by the High Court, and 
 for this purpose may reserve any such question, as questions 
 may be reserved by a judge on a trial at nisi prius. 
 
 - (9) On the trial of a petition, unless the election court other- 
 wise directs, any charge of a corrupt practice or offence against 
 this Part may be gone into, and evidence in relation thereto 
 received before any proof has been given of agency on behalf 
 of any candidate in respect of the corrupt practice or offence. 
 
 (10) On the trial of a petition complaining of an undue elec- 
 tion, and claiming the office for some person, the respondent 
 may give evidence to prove that that person was not duly 
 elected, in the same manner as if he had presented a petition 
 against the election of that person.(g) 
 
 (11) The trial of a petition shall be proceeded with, notwith- 
 - standing that the respondent has ceased to hold the office his 
 election to which is questioned by the petition.(h) 
 
962 
 Sect. 94. 
 
 SUB-S. 12. 
 
 Witnesses, 
 
 The Municipal Corporations Act, 1882. 
 
 (12) A copy of any certificate or report made to the High 
 Court on the trial of a petition, and, in the case of a decision 
 by the High Court ona special case, a statement of the decision, 
 shall be sent by the High Court to the Secretary of State. 
 
 (13) A copy of any such certificate and a statement of any 
 such decision shall also be certified by the High Court, under 
 
 the hands of two or more judges thereof, to the town clerk of 
 the borough.() 
 
 (a) See rules 40, 42, post. See also rule 43 as to the postponement of the 
 trial if the barrister does not arrive in time. 
 
 (4) Or county, in case of a petition against the election of a county 
 councillor, 
 
 (¢) Where the allegations of fact in a petition are not in dispute, but are 
 specifically admitted by the respondent, so as to render it unnecessary at the 
 trial to call witnesses from the district in which the election took place, the 
 court may order the petition to be tried in London, on the ground that special 
 circumstances exist which render it desirable that the petition should be tried 
 elsewhere than in the county or division where the election took place. Arch 
 v. Bentinck, 18 Q. B. D. 548; 56 L. J. Q. B. 458; 56 L. T. (a.s.) 360; 35 
 W. R. 476. 
 
 (d) A formal adjournment is not necessary. See rule 45, post. 
 
 (¢) The court must further report as to illegal practices in manner pre- 
 scribed by 47 & 48 Vict. c. 70, s. 8, sub-section (2), post. 
 
 (/) Notwithstanding this sub-section, if leave be given, appeal lies from a 
 judgment of the Queen’s Bench Division to the Court of Appeal. Line v. 
 Warren, ante, p. 257. 
 
 (7) In this case the respondent must deliver to the master, six days before 
 the day appointed for trial, a list of the objections to the election upon which 
 he intends to rely, and the master is to allow inspection and office copies of 
 such list to all parties concerned ; and no evidence is to be given by the 
 respondent of any objection not specified in the list, except by leave of the 
 High Court, See rule 8, post. 
 
 (1) The respondent may have ceased to hold office by having resigned or 
 become disqualified. 
 
 (¢) The clerk of the county council must, in relation to county council 
 elections, be substituted for the town clerk, 
 
 94, (1) Witnesses at the trial of an election petition shall be 
 summoned and sworn in the same manner, as nearly as cir- 
 cumstances admit, as witnesses at a trial at nisi prius, and shall 
 be liable to the same penalties for perjury.(a) 
 
 (2) On the trial the election court may, by order in writing, 
 require any person who appears to the court to have been con- 
 cerned in the election to attend as a witness, and any person 
 refusing to obey the order shall be guilty of contempt of 
 court.(d) 
 
 (3) The court may examine any person so required to attend, 
 
 or being in court, although he is not called and examined by 
 any party to the petition. 
 
45 € 46 Vict. c. 50. 
 
 263 
 
 (4) A witness may, after his examination by the court, be Sect. wo 
 
 cross-examined by or on behalf of the petitioner and respondent, 
 or either of them.(c) 
 
 (5) The reasonable expenses incurred by any person in 
 appearing to give evidence at the trial of an election petition, 
 according to the scale allowed to witnesses on the trial of civil 
 actions at the assizes, may be allowed to him by a certificate of 
 the election court or of the prescribed officer, and if the witness 
 was called and examined by the court, shall be deemed part of 
 the expenses of providing a court, but otherwise shall be deemed 
 costs of the petition.(d) 
 
 (a) As to the order of the court to compel the attendance of a witness, see 
 rule 54, post. 
 
 (6) As to the procedure in a committal for contempt of court, see rules 
 55, 56, post. 
 
 (c) Bet ons (5)—(8), are repealed by the 47 & 48 Vict. c. 70, post. 
 
 (d) As to the costs of providing a court, see section 101, post; as to the 
 costs of the petition, see section 98, post. 
 
 95, (1) A petitioner shall not withdraw an election petition V 
 
 SUB-S 
 
 With- 
 rawal of 
 
 without the leave of the election court or High Court on special petition. 
 
 application, made in the prescribed manner, and at the pre- 
 scribed time and place.(a) 
 
 (2) The application shall not be made until the prescribed 
 notice of the intention to make it has been given in the 
 borough. (d) 
 
 (3) On the hearing of the application any person who might 
 have been a petitioner in respect of the election may apply to 
 the court to be substituted as a petitioner, and the court may, 
 if it thinks fit, substitute him accordingly.(c) 
 
 (4) If the proposed withdrawal is, in the opinion of the court, 
 induced by any corrupt bargain or consideration, the court may 
 by order direct that the security given on behalf of the original 
 petitioner shall remain as security for any costs that may be 
 incurred by the substituted petitioner, and that, to the extent 
 of the sum named in the security, the original petitioner ‘and 
 his sureties shall be liable to pay the costs of the substituted 
 petitioner. 
 
 (5) If the court does not so direct, then security to the same 
 amount as would be required in the case of a new petition,(d) 
 and subject to the like conditions, shall be given on behalf of 
 the substituted petitioner before he proceeds with his petition 
 and within the prescribed time after the order of substitution. 
 
264 
 Sect. 95. 
 
 SuB-S. 6. 
 
 Abate- 
 ment of 
 petition. . 
 
 The Municrpal Corporations Act, 1882. 
 
 (6) Subject as aforesaid, a substituted petitioner shall, as 
 nearly as may be, stand in the same position and be subject to 
 the same liabilities as the original petitioner. 
 
 (7) If a petition is withdrawn, the petitioner shall be liable 
 to pay the costs of the respondent. (e) 
 
 (8) Where there are more petitioners than one, an application 
 o withdraw a-petition shall not be made except with the 
 consent of all the petitioners. 
 
 (2) The form of notice of application to withdraw a petition is prescribed 
 by rule 58, post. The notice of application is to be left at the master’s office, 
 and copies are to be served on the respondent and on the town clerk or clerk of 
 the council, as the case may be, and published in the county or borough to 
 which the petition relates. See rules 59, 60, post. ; 
 
 The petitioners, who had presented a petition and subsequently found out 
 that their agent’s report, upon which the petition was based, was untrust- 
 worthy, were allowed by the Court to withdraw the petition, the Treasury 
 having ascertained by special inquiry that there was no reliable evidence to 
 support it, and having received from the petitioners copies of the reports and 
 details of the subsequent inquiries. On a motion for leave to withdraw a 
 petition, the Court has a discretion as to the costs of the parties, and may order 
 them to be paid by the petitioners on the higher scale and taxed as between 
 solicitor and client. They cannot give costs to the Public Prosecutor. Pascoe 
 v. Puleston, 54 L. T. (N.8.) 733 ; 50 J. P. 135. 
 
 After a municipal election a petition was presented by an unsuccessful can- 
 didate, claiming that he was returned by a majority of lawful votes. The 
 mayor, to save expense, induced the petitioner and the returned candidate to 
 submit the question to the arbitration of the town clerk, who was to re-count 
 the votes. On the award being against the petitioner, he asked leave to with- 
 draw the petition, and the Court allowed him to do so on payment of the costs, 
 the Public Prosecutor not opposing. Mallam y. Bean, 51 J. P. 230, 
 
 (db) See rule 59, post. 
 
 (c) See rule 61, post. 
 
 (d@) See section 89, ante, p. 257. 
 
 (¢) See Pascoe v. Puleston; Mallam v. Bean, supra. 
 
 96. (1) An election petition shall be abated by the death of 
 a Sole petitioner or of the survivor of several petitioners. 
 
 (2) The abatement of a petition shall not affect the liability 
 of the petitioner or of any other person to the payment of costs 
 previously incurred. 
 
 (3) On the abatement of a petition the prescribed notice 
 thereof shall be given in the borough, and, within the pre- 
 scribed time after the notice is given, any person who might 
 have been a petitioner in respect of the election may apply to 
 the election court or High Court in the prescribed manner and at 
 the prescribed time and place to be substituted as a petitioner; 
 and the Court may, if it thinks fit, substitute him accordingly. 
 
45 & 46 Vict. c. 50. 965 
 
 (4) Security shall be given on behalf of a petitioner so sub- Sect. 96. 
 stituted, as in the case of a new petition. SUB-S. 4. 
 
 As to notice of abatement of a petition, and the procedure on the application 
 to be substituted as a petitioner, see rule 63, post. 
 As to security for costs, see section 89, ante, p. 257. 
 
 97. (1) If before the trial of an election petition a respondent We 
 
 ; rawa 
 other than a returning officer(a)— and substi- 
 (a) Dies, resigns, or otherwise ceases to hold the office to seein 
 
 which the petition relates; or dents. 
 
 (b) Gives the prescribed notice that he does not intend to 
 oppose the petition ;(c) 
 the prescribed notice thereof shall be given in the borough, (d) 
 and within the prescribed time(e) after the notice is given any 
 person who might have been a petitioner in respect of the 
 election may apply to the election court or High Court to be 
 admitted as a respondent to oppose the petition, and shall be 
 admitted accordingly, except that the number of persons so 
 admitted shall not exceed three. 
 
 (2) A respondent who has given the prescribed notice that 
 he does not intend to oppose the petition shall not be allowed 
 to appear or act as a party against the petition in any pro- 
 ceedings thereon. 
 
 (a) The returning officer may be a respondent if the petition complains 
 of his conduct. See section 88, sub-section (2), ante, p. 256. See also rule 64, 
 
 post. 
 
 (b) The respondent may cease to hold office through disqualification. 
 
 (c) The notice is prescribed by rule 65, post. The name of a respondent 
 will not be struck out of a petition merely because he has given this notice. 
 See Yates vy. Leach, ante, p. 256. 
 
 (d) See rule 66, post. 
 
 (e) The prescribed time is ten days. See rule 67, post. 
 
 98, (1) All costs, charges, and expenses of and incidental to Costs on 
 the presentation of an election petition, and the proceedings election 
 : .- petitions. 
 consequent thereon, except such as are by this Act otherwise 
 provided for, shall be defrayed by the parties to the petition in 
 such manner and proportions as the election court determines; 
 and in particular any costs, charges, or expenses which, in the 
 opinion of the court, have been caused by vexatious conduct, 
 
 _ unfounded allegations, or unfounded objections on the part 
 
 either of the petitioner or of the respondent, and any needless 
 expense incurred or caused on the part of the petitioner or 
 
266 The Municipal Corporations Act, 1882. 
 
 Sect. 98. respondent, may be ordered to be defrayed by the parties by 
 SuB-S. 1. whom it has been incurred or caused, whether they are or not 
 on the whole successful.(a) 
 
 (2) The costs may be taxed in the prescribed manner, but 
 according to the same principle as costs between solicitor and 
 client in an action in the High Court, and may be recovered as 
 the costs of such an action, or as otherwise prescribed.(d) 
 
 (3) Ifa petitioner neglects or refuses for three months after 
 demand to pay to any person summoned as a witness on his 
 behalf, or to the respondent, any sum certified to be due to him 
 for his costs, charges, and expenses, and the neglect or refusal 
 is, within one year after the demand, proved to the satisfaction 
 of the High Court, every person who has under this Act entered 
 into a recognizance relating to the petition shall be held to have 
 made default in the recognizance, and the prescribed officer(c) 
 shall thereon certify the recognizance to be forfeited, and it 
 shall be dealt with as a forfeited recognizance relating to a 
 parliamentary election petition. (d) 
 
 (a) An overloaded petition will be visited with costs, even if it is successful. - 
 Birkbeck v. Bullard, 54 L. T. (N.8.) 625. When a petition is wholly un- 
 founded the court may order the petitioner to pay the costs of the Public 
 Prosecutor. Crossman v. Gent-Davis, 54 L. T. (N.S.) 628. In certain cases 
 the parties may be ordered to pay the expenses of the election court. See 
 section 101, post. 
 
 The barrister appointed to try the petition has an absolute discretion over 
 the costs. In a case where the petitioner had improperly made an unsuccessful 
 candidate a respondent, it was held that they could not object that he was not 
 a party to the petition so as to deprive the barrister of jurisdiction to make an 
 order upon them for his costs. Lovering v. Dawson, L. R. 10 C. P. 726; 44 
 L. J. C. P. 321; 32 L. T. (ws.) 823, 
 
 (6) So much of this sub-section as relates to the principle of taxation is 
 repealed by 47 & 48 Vict. c. 70, post. As to the mode of taxation and recovery 
 of the costs, see rule 68, post, and Pare v. Hartshorn, 31 L. T. (N.8.) 486 ; 23 
 W. KR. 138. 
 
 (c) That is, the Master. See rule 1, post. 
 (d) That is, in manner provided by 30 & 31 Vict. c, 125, s. 42. 
 
 Reception 99, (1) The town clerk shall provide proper accommodation 
 Eeene efor holding the election court; and any expenses incurred by 
 attendance | | : : : 
 
 onthe him for the purposes of this section shall be paid out of the 
 
 election borough fund or borough rate.(a) 
 
 urt. 
 oe (2) All chief and head constables, superintendents of police, 
 head-boroughs, gaolers, constables, and bailiffs shall give their 
 assistance to the election court in the execution of its duties, 
 and if any gaoler or officer of a prison makes default in receiving 
 or detaining a prisoner committed thereto in pursuance of 
 
45 & 46 Vict. c. 50. 
 
 967 
 
 this Part, he shall be liable to a fine not exceeding five pounds spsiathont 
 
 for every day during which the default continues. 
 
 (3) The election court may employ officers and clerks as 
 prescribed. (b) 
 
 (4) A shorthand writer shall attend at the trial of an election 
 petition, and shall be sworn by the election court faithfully and 
 truly to take down the evidence given at the trial. He shall 
 take down the evidence at length. A transcript of the notes of 
 the evidence taken by him shall, if the election court so directs, 
 accompany the certificate of the election court. His expenses, 
 according to a prescribed scale, shall be treated as part of the 
 expenses incurred in receiving the court.(c) 
 
 (a) This duty will, in county council elections, devolve upon the clerk to 
 the council (see the Local Government Act, section 75, sub-section (5), ante, 
 p. 125). The expenses will be payable out of the county fund. 
 
 (0) See rules 50, 51, post. 
 
 (c) The shorthand writer is to be the shorthand writer to the House of 
 Commons or his deputy. See rule 52, post, 
 
 100, (1) The judges for the time being on the rota for the Rules of 
 
 trial of parliamentary election petitions may from time to time 
 
 procedure 
 and juris- 
 
 make, revoke, and alter General Rules for the effectual execu- diction. 
 
 tion of this part, and of the intention and object thereof, and 
 the regulation of the practice, procedure, and costs of municipal 
 election petitions, and the trial thereof, and the certifying and 
 reporting thereon.(a) 
 
 (2) All such rules shall be laid before both Houses of Parlia- 
 ment within three weeks after they are made, if Parliament is 
 then sitting, and if not, within three weeks after the beginning 
 of the then next session of Parliament, and shall, while in 
 force, have effect as if enacted in this Act. 
 
 (3) Subject to the provisions of this Act,(6) and of the rules 
 under it, the principles, practice, and rules for the time being 
 observed in the case of parliamentary election petitions, and in 
 particular the principles and rules with regard to agency and 
 evidence, and to a scrutiny, and to the declaring any person 
 elected in the room of any other person declared to have been 
 not duly elected, shall be observed, as far as may be, in the 
 case of a municipal election petition. 
 
 (4) The High Court shall, subject to this Act, have the 
 same powers, jurisdiction, and authority with respect to a 
 
968 
 
 Sect. 100. 
 
 SUB-S. 4. 
 
 Expenses 
 of election 
 court. 
 
 * 
 
 The Municipal Corporations Act, 1882. 
 
 municipal election petition and the proceedings thereon as if 
 the petition were an ordinary action within its jurisdiction.(c) 
 
 (5) The duties to be performed by the prescribed officer 
 under this Part shall be performed by the prescribed officer of 
 the High Court.(d) 
 
 (6) The general rules in force at the commencement of this 
 Act with respect to matters within this Part shall, until super- 
 seded by rules made under this section, and subject to any 
 amendment thereof by rules so made, have effect, with the 
 necessary modifications, as if made under this section. 
 
 (a) See also 47 & 48 Vict. c. 70, s. 30, post. The rules now in force are set 
 out post. 
 
 (b) See Clarke v. Lowley, ante, p. 257; Lovering v. Dawson, ante, p. 266. 
 
 (c) The High Court has no power to entertain an appeal against the deci- 
 sion of a commissioner appointed to inquire into alleged corrupt or illegal 
 practices at an election, except on points of law reserved for its decision by way 
 of a case stated by the commissioners. Ha parte Ayres, 54 L. T. (N.8.) 296. 
 A petition against the election of members of a local board alleged undue 
 influence by the respondents and their agents, and that corrupt and illegal 
 practices extensively prevailed. The commissioner reported to the High Court 
 that no corrupt practice had been proved against the respondents or otherwise, 
 that illegal practices extensively prevailed, and that the respondents had been 
 guilty of illegal practices ; and he certified that the respondents had not been 
 duly elected. On a motion for a new trial or a prohibition, on the ground 
 that the petitioner had exceeded his jurisdiction, it was held that the report 
 was not in excess of the jurisdiction. @uwere, whether the Court has jurisdic- 
 tion to entertain an appeal from a commissioner. Per STEPHEN, J. The 
 jurisdiction, if any, ought only to be exercised under extraordinary circum- 
 stances, and when necessary that justice should be done. Goole Hlection 
 Petition, Times Reports, vol. ii. p. 398. 
 
 (d) That is, by the Master. See rule 1, post. 
 
 101. (1) The remuneration and allowances to be paid to a 
 commissioner for his services in respect of the trial of an 
 election petition, and to any officers, clerks, or shorthand 
 writers employed under this Part, shall be fixed by a scale 
 made and varied by the election judges on the rota for the 
 trial of parliamentary election petitions, with the approval of 
 the Treasury. The remuneration and allowances shall be paid 
 in the first instance by the Treasury, and shall be repaid to 
 the Treasury, on their certificate, out of the borough fund or 
 borough rate.(a) 
 
 (2) But the election court may in its discretion order that 
 such remuneration and allowances, or the expenses incurred 
 by a town clerk for receiving the election court,(b) shall be 
 repaid, wholly or in part, to the Treasury or to the town clerk, 
 as the case may be, in the cases, by the persons, and in the 
 manner following (namely) : 
 
45 € 46 Vict. c. 50. 269 
 
 (a) When in the opinion of the election court a petition is Sect.101. 
 
 frivolous and vexatious, by the petitioner; SUB Ae 
 
 (b) When in the opinion of the election court a respondent 
 
 has been personally guilty of corrupt practices at the 
 election, by that respondent. 
 
 (3) An order so made for the repayment of any sum by a 
 petitioner or respondent may be enforced as an order for 
 payment of costs;(c) but a deposit made or security given 
 under this Part shall not be applied for any such repayment 
 until all costs and expenses payable by the petitioner or 
 respondent to any party to the petition have been satisfied. 
 
 (a) In the case of a county council these expenses will be payable out of the 
 county fund. 
 
 (b) See section 99, ante, p. 266. The reference to the town clerk includes 
 a reference to the clerk to the county council. See the Local Government Act, 
 section 75, sub-section (5), ante, p. 125, ; 
 
 (c) See section 98, ante, p. 265. 
 
 Upon the trial of a petition against the return of a borough councillor under 
 the Municipal Elections (Corrupt Practices) Act, 1872, the barrister in 
 delivering judgment said that he found the councillor guilty of personal 
 bribery, and that all the costs of the inquiry were to be borne by him, and 
 made an order in writing for the payment by the councillor of certain costs 
 
 t under section 19 of that Act. The written order made no provision for the 
 { remuneration and allowances to the barrister and other persons under section 22 
 (corresponding to the text). The Treasury paid the amount of such remunera- 
 tion and allowances, and certified the payment to the borough treasurer, and 
 required him to repay them the amount out of the borough fund. "A rate was 
 accordingly made and levied. The Treasury afterwards, on receiving from 
 the barrister a letter that he had always intended to visit all the costs upon the 
 t councillor, and had said so in giving judgment, cancelled their certificate, and 
 the borough corporation abandoned the rate and returned the sums levied to 
 the ratepayers. Afterwards, the Treasury, finding that the barrister had made 
 no written order for the payment of the remuneration and allowances, issued a 
 fresh certificate requiring the borough treasurer to repay them the amount out 
 of the borough fund or rates. These facts being found upon a return to a 
 
 — ——— 
 
 mandamus commanding the treasurer to repay the Treasury, it was held that 
 " no valid order had been made by the barrister for the payment of the remune- 
 : ration and allowances by the councillor; that the election court was a court of 
 . record, and that neither the High Court nor the Court of Appeal on the return 
 - could amend the order so as to make it include such payment; that the act of 
 aS the Treasury in certifying was not a judicial act, and that they had the power 
 ts to make a second certificate, and were entitled to a peremptory mandamus 
 i compelling the treasurer to repay to them the amount of such remuneration 
 i and allowances out of the borough fund or rates, and compelling the corpora- 
 tion to order such amount to be levied by a borough rate. Reg. v. Maidenhead 
 ‘ (Mayor of), 9 Q. B. D. 494; 51 L. J. Q. B. 444; 46 J. P. 724. 
 
 102. Where a candidate who has been elected to a corporate Acts done 
 office is, by a certificate of an election court or a decision of pene & 
 the High Court, declared not to have been duly elected, acts not invali- 
 done by him in execution of the office, before the time when dated. 
 the certificate or decision is certified to the town clerk, shall 
 
 not be invalidated by reason of that declaration. 
 
270 
 Sect. 103. 
 
 Provisions 
 as to 
 elections 
 in the' 
 room of 
 persons 
 unseated - 
 on peti- 
 tion. 
 
 Prohibi- 
 tion of 
 disclosure 
 of vote. 
 
 Prohibi- 
 tion of 
 expendi- 
 ture of 
 corporate 
 funds on 
 parliamen- 
 tary elec- 
 tions. 
 
 The Municipal Corporations Act, 1882, 
 
 103. Where on an election petition the election of any 
 person to a corporate office has been declared void, and no 
 other person has been declared elected in his room, a new 
 election shall be held to supply the vacancy in the same 
 manner as on a casual vacancy ;(a) and for the purposes of the 
 election any duties to be performed by a mayor, alderman, or 
 other officer, shall, if he has been declared not elected, be 
 performed by a deputy, or other person who might have acted 
 for him if he had been incapacitated by illness.(d) 
 
 (a) As to the manner in which casual vacancies are to be filled up, see 
 section 40 and the notes thereto, ante, p. 234. 
 
 (b) The reference to the mayor and aldermen must, with regard to elections 
 of county councils, be read as a reference to the returning officer (see the Local 
 Government Act, section 75, sub-section (4), ante, p. 125), and to the sheriff 
 in case of a casual vacancy arising at the first election (7d. section 107, sub- 
 section (2), ante, p. 173). 
 
 104, A person who has voted at a municipal election by 
 ballot shall not in any proceeding to question the election be 
 required to state for whom he has voted. 
 
 1 Se 
 * * * *K * 
 
 PART Yi 
 
 CorPORATE PROPERTY AND LIABILITIES.(@) 
 Misapplication of Corporate Property. 
 
 124, (1) It shall not be lawful for a municipal corporation, 
 or the council of a borough, or a corporate officer, or a trustee, 
 or other person acting for a municipal corporation, to pay or 
 apply any money, stocks, funds, securities, or personal property, 
 of or held in trust for the corporation, in payment of any 
 expenses occasioned by a parliamentary election or incurred by 
 any person offering himself as a candidate at or before a parlia- 
 mentary election. : 
 
 (2) Any bond, covenant, recognizance, or judgment given by 
 a corporation, council, officer, trustee, or person as aforesaid, 
 for securing payment of such expenses, shall be void. 
 
 (3) Any payment, application, bond, covenant, recognizance, 
 or judgment made or given by a corporation, council, officer, 
 trustee, or person as aforesaid, for inducing any person to 
 labour in a parliamentary election at a future time, or to pay 
 or incur expenses as aforesaid at a future time, shall be deemed 
 
45 & 46 Vict. c. 50. 271 
 
 to be forbidden and declared void by this section, although Rect, 124. 
 colourably made or given for any other cause or consideration. ae 
 
 (4) Any mortgage or other disposition of corporate land for 
 securing or satisfying any expenses or engagements incurred or 
 to be incurred as aforesaid, and any estate or charge thereby 
 created, shall be void. 
 
 (5) Any resolution, bye-law, or other proceeding of a council, 
 purporting to direct or authorise any payment or thing forbidden 
 by this section, or made or adopted for evading the provisions 
 thereof, shall be void. 
 
 (6) If any member of a municipal corporation authorises or 
 directs any payment or application forbidden by this section, 
 or assents to, or concurs or participates in, any affirmative vote 
 or proceeding relating thereto, or signs or seals in his individual 
 capacity, or affixes the corporate seal to, any instrument by this 
 section declared void, he shall be guilty of a misdemeanor, and, 
 on conviction thereof in the High Court, shall, in addition to 
 such punishment as the court awards, be for ever disabled to 
 take, hold, or exercise any office in the same corporation. 
 
 (7) If any corporate officer, trustee, or other person as afore- 
 said makes, or concurs in making, any payment or application 
 of money or property as aforesaid, he shall be deemed to have 
 done so in his own wrong, and he shall be individually liable 
 to repay and make good the amount or value thereof to the cor- 
 poration, notwithstanding any release or pretended indemnity 
 given to him in the name or on behalf of the corporation. 
 
 (8) Any two or more burgesses may bring and prosecute any 
 action in the name of the corporation against any officer, 
 trustee, or person making any illegal payment or application as 
 aforesaid, as if they, their executors and administrators, were 
 jointly and severally appointed the irrevocable attorneys of the 
 corporation for that purpose; but the plaintiffs shall, on the 
 application of the defendant, give reasonable security, as the 
 court directs, for costs, as between solicitor and client. 
 
 (9) Nothing in this section shall affect the provisions of the 
 Ballot Act, 1872, or of any other Act for the time being in force 
 
 regulating the payment by the returning officer or otherwise of 
 expenses relating to parliamentary elections. 
 
 (a) This is the only section of Part V. which is applied to county councils, 
 See the Local Government Act, section 75, ante, p. 124. 
 
 _ 
 = 
 4 
 j 
 
272 
 
 Sect. 219. 
 SUB-S. 1. 
 Prosecu- 
 tion of 
 offences 
 and reco- 
 very of 
 fines, 
 
 Exclusion 
 of cer- 
 tiorari. 
 
 The Mumeipal Corporations Act, 1882. 
 
 PART SCL 
 LEGAL PROCEEDINGS. 
 
 219. (1) In summary proceedings for offences and fines under 
 this Act the information shall be laid within six months after 
 the commission of the offence.(a) 
 
 (2) Any person aggrieved by a conviction of a court of sum- 
 mary jurisdiction under this Act may appeal therefrom to a 
 court of quarter sessions.(b) 
 
 (3) Any fine incurred under this Act and not recoverable 
 summarily may be recovered by action in the High Court.(c) 
 
 (a) This provision was unnecessary, having regard to 11 & 12 Vict. c. 43, 
 s. 11, and 42 & 43 Vict. c. 49,8, 51. 
 
 (b) The procedure on such appeals is regulated by 42 & 43 Vict. c. 49, 
 8. 31. 
 
 (c) As to the procedure in actions against corporate officers, see section 224, 
 post, 
 
 990, A conviction, order, warrant, or other matter made or 
 done, or purporting to be made or done, by virtue of this Act 
 shall not be quashed for want of form, and shall not, unless it 
 is an order of the council for payment of money out of the 
 borough fund, be removed by certiorart or otherwise into the 
 High Court. 
 
 Notwithstanding this provision, a writ of certiorari will be granted where 
 the proceedings show on the face of them a want of jurisdiction. Reg. v. 
 Gosse, 3K. & KB, 277; 30 L. J. M. C. 41; 3 L. T. (vs.) 404; Broughton 
 Local Board, Re, 12 L. T. (8.8.) 310; Reg. v. Staffordshire (Justices of), 
 16 L. T. (W.S.) 480; Reg. v. Rose, or Wood, 5 EK. & B. 49; Colonial Bank of 
 Australasia v. William, L. R. 5 P. C. 417; 43 L. J. P. C. 39; 30 L. T. vs.) 
 237; 22 W. R. 516. In the case last mentioned it was laid down that when a 
 certiorari is said to be taken away by statute, the superior court is not abso- 
 lutely deprived of the power to issue the writ; but its action as to the writ is 
 controlled and limited, and it cannot quash the order removed by certiorari 
 except upon the ground either of a manifest defect of jurisdiction in the 
 tribunal that made the order, or of manifest fraud in the party procuring it. 
 Matters on which the defect of jurisdiction depends may be apparent on the 
 face of the proceedings, or may be brought before the superior court by 
 affidavit, but they must be intrinsic to the adjudication impeached. Objections 
 on the ground ot defect of jurisdiction may be founded on the character and 
 constitution of an inferior court, the nature of the subject-matter of the 
 inquiry, or the absence of some preliminary proceeding which was necessary 
 to give jurisdiction to the inferior court. The objection of defect of juris- 
 diction cannot be entertained if it rests solely on the ground that the judge 
 has erroneously found a fact which was essential to the validity of his order, 
 but which he was competent to try. Jbid. And see Bradlaugh, Hx parte, 
 3 Q. B. D. 509; 43 J. P. 125, and the cases cited in Paley on Convictions, 
 6th edition, at p. 430. 
 
 Where both parties agreed to waive this provision, and stated a case for the 
 opinion of the court, the fact that the corresponding section in 11 & 12 Vict. 
 
45 & 46 Vict. c. 50. 273 
 
 c. 63, had taken away the certiorari, was held not to prevent the court from Sect. 220. 
 determining the question. Reg. v. Dickenson, 7 EK. & B.831; 26 L.J.M.C. NOTE, 
 204; 3 Jur. (N.S.) 1076; 22 J. P. 243. = 
 
 As to the practice relating to the removal of convictions, &c., by certiorari, 
 see Paley on Convictions, chap. iv.s.2. See also the Crown Office Rules, 
 Nos. 28—42. It was held that the six days’ notices to the justice, under No. 
 33 of these rules, as a preliminary to the grant of a writ of certivrar?, must 
 precede the motion for a rule nisi, and not merely the motion for the rule 
 absolute. Hx parte Roberts, 50 J. P.567, An application for certiorari to 
 the Queen’s Bench Division does not lie after conviction and judgment in the 
 
 superior court. Wally v. The Queen, 16 L. R. Ir. 1; 15 Cox C. C, 638. 
 
 The reference in the section to an order for payment of money out of the 
 borough fund has no application to county councils, a provision corresponding 
 to that referred to being expressly made in the Local Government Act, section 
 80, sub-section (2), ante, p. 142. 
 
 921. (1) Where by any Act passed or to be passed, any Applica- 
 fine, penalty, or forfeiture is made recoverable in a summary Hen oe 
 manner before any justice or justices and payable to the Crown = quarter 
 or to any body corporate, or to any person whomsoever, the acne 
 same if recovered and adjudged before any justice of a borough ch aerate 
 having a separate court of quarter sessions shall, notwith- 
 standing anything in the Act under which it is recovered, 
 be recovered for and adjudged to be paid to the treasurer of 
 the borough. 
 
 (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 
 
 agerieved ; 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; or 
 
 (c) Relates to the customs, excise, or post office, or to trade 
 
 or navigation, or to any branch of the revenue of the 
 Crown. 
 
 The above section will not apply to county councils, for by the Local 
 
 Government Act, section 75, ante, p. 128, it is provided that nothing in the 
 - Municipal Corporations Act, 1882, as applied by that section, shall alter the 
 
 application of any fine, penalty, or forfeiture recoverable in a summary 
 
 “manner, 
 Ina borough which has not a separate court of quarter sessions, though it 
 has a separate commission, unappropriated penalties are payable in manner 
 _ provided by 11 & 12 Vict. c. 43, s. 31, to the county treasurer. eigatée 
 W(Mayor, $c. of) v. Hart, L. R. 3 Q. B. 244; 37 L. J. M. C. 70; 18 L. T. 
 (N.8.) 237; 16 W. R. 896; Winn v. Mossman, L. R. 4 Ex, 492; 38 L. J. Ex. 
 203; 20 L. T. (4.8.) 672; 33 J. P. 743. 
 
 It has been held that penalties recovered under the Regulation of Railways 
 Act, 3 & 4 Vict. c. 97, are payable to the borough fund, and not to the Crown. 
 Attorney-General v. Moore, 3 Ex. D. 276; 47 L, J. M. C, 103; 38 L. T. 
 (4.8.) 251; 26 W. R. 366; 42 J. P. 7. 
 
 Jt 
 
274 
 Sect. 221. 
 
 NOTE. 
 
 ——w 
 
 Duties of 
 clerk of 
 peace as 
 to fines 
 and for- 
 feitures. 
 
 Service of 
 summons 
 or war- 
 rant. 
 
 Procedure 
 in penal 
 actions 
 against 
 corporate 
 officers, 
 
 The Municipal Corporations Act, 1882. 
 
 As to the appropriation of penalties under local Acts applying to boroughs, 
 see Alison v. Charlesworth, 49 J. P. 294; Alison v. Hall, Times L. R, vol, 
 iv. p. 524. 
 
 999. Where the offices of town clerk and clerk of the peace 
 for a borough are not held by the same person, the clerk of the 
 peace shall perform all duties imposed on the 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. 
 
 This section cannot apply to county councils, for in all counties, except 
 
 London, the clerk of the council and the clerk of the peace will be the same 
 person. See the Local Government Act, section 83, ante, p. 145, 
 
 993, Any summons for appearance, warrant to enforce 
 appearance, warrant for apprehension, or search warrant, may, 
 if issued by a justice for a borough, be served or executed in 
 any county wherein the borough or any part thereof is situate, 
 or within any distance not exceeding seven miles from the 
 borough, and, within those limits, shall have the same effect as 
 if it had been issued or indorsed by a justice having jurisdic- 
 tion in the place where it is served or executed, and may be 
 served or executed by the constable or special constable to 
 whom it is directed. 
 
 It is not clear whether the incorporation of this section with the Local 
 Government Act (if it is incorporated) will have the effect of enabling the 
 process of county justices to be executed within seven miles of the county 
 without being backed. The Local Government Act, section 75, ante, p. 124, 
 provides that “ for the purpose of the provisions of this Act with respect to 
 county councils, and to the chairmen, &c., of such councils, and otherwise for 
 the purpose of carrying this Act into effect,” the several parts of the Municipal 
 Corporations Act, 1882, shall apply as if therein re-enacted with such modifi- 
 cations as are necessary to make them applicable to the said councils and their 
 chairmen, &c. It cannot be said that the application of the above section to 
 the process of county justices fulfils the purpose thus stated in any way, and if 
 the statement of the purpose limits the extent of the incorporation of the 
 Municipal Corporations Act, the above section will not apply to the process of 
 
 county justices. It will be prudent to refrain from acting on the above section 
 in counties until the point has been judicially determined. 
 
 9924. (1) An action to recover a fine from any person for 
 acting in a corporate office without having made the requisite 
 declaration, or without being qualified, or after ceasing to be 
 qualified, or after becoming disqualified, may not be brought 
 except by a burgess of the borough, and shall not lie unless the 
 
45 ¢ 46 Vict. c. 50. 
 
 278 
 
 plaintiff has, within fourteen days after the cause of action Rect. 224. 
 
 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.(a) 
 
 (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.(d) 
 
 (3) Unless judgment is given for the plaintiff, the defendant 
 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 estate, 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. 
 
 (a) See section 41 and the notes thereto, ante, p. 234. 
 (b) Security must be given, if demanded. 
 
 995. (1) An application for an information in the nature of Quo war- 
 
 P sh fevniaiesiold 2 t ranto 
  & quo warranto against any person claiming to hold a corporate ond man- 
 
 office shall not be made after the expiration of twelve months damus. 
 
 from the time when he became disqualified after election.(a) 
 
 (2) In the case of such an application, or of an application 
 for a mandamus to proceed to an election of a corporate 
 officer,(b) the applicant shall give notice in writing of the 
 application to the person to be affected thereby (in this section 
 called the respondent) at any time not less than ten days before 
 the day in the notice specified for making the application. 
 
 (3) The notice shall set forth the name and description of the 
 applicant, and a statement of the grounds of the application. 
 
 (4) The applicant shall deliver with the notice a copy of the 
 affidavit whereby the application will be supported. 
 
 (5) The respondent may show cause in the first instance 
 against 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. 
 
 m 2 
 
276 
 
 The Municipal Corporations Act, 1882. 
 
 Sect.225. (7) The court may, if it thinks fit, direct that any issue of 
 
 SUB-S. 7 
 
 ‘fact on an information be tried by a jury in London or at 
 Westminster. 
 
 (8) The court may, if it thinks fit, direct that any writ of 
 mandamus issued shall be peremptory in the first instance. 
 
 (a) It is provided by section 73, ante, p. 243, that every municipal election 
 not called in question within twelve months after the election, either by 
 election petition or by guo warranto, shall be deemed to have been to all 
 intents a good and valid election, In respect of all or nearly all the grounds 
 upon which an election can be questioned the only remedy, as we have seen by 
 section 87, is election petition. The text deals with disqualification after 
 election, and for this the proper mode of questioning the right to sit and act is 
 by quo warranto. The proceedings must be taken within twelve months from 
 the date of the disqualification, though the disqualification may continue to 
 the time of the proceedings; but after the twelve months the person dis- 
 qualified may be liable to penalties under section 41, ante, p. 234. See Hx 
 parte Birkbeck, L. R. 9 Q. B. 256. Where an office is full de Sacto the 
 court will not grant a mandamus for a new election until the vacancy has 
 been judicially determined by guo warranto. Reg. v. Phippen, 7 A. & EB. 
 966 
 
 (b) See Reg. v. Phippen, supra. 
 
 Provisions 296, (1) An action, prosecution, or proceeding against any 
 
 for pro- 
 tection of 
 persons 
 acting 
 
 under Act, 
 
 person for any act done in pursuance or execution or intended 
 execution of this Act, or in respect of any alleged neglect or 
 default in the execution of this Act, shall not lie or be instituted 
 unless it is commenced within six months next after the act or 
 thing is done or omitted, or, in case of a continuance of injury 
 or damage, within six months next after the ceasing thereof.(a) 
 
 (2) Where the action is for damages, tender of amends before 
 the action was commenced may, in lieu of or in addition to any 
 other plea, be pleaded. If the action was commenced after the 
 tender, or is proceeded with after payment 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, the 
 council, where the defendant in any such action, prosecution, 
 or other proceeding is their officer, agent, or Servant, may, if 
 they think fit, except so far as the court before which the 
 action, prosecution, or other proceeding is heard and deter- 
 mined otherwise directs, pay out of the borough fund or 
 
45 ¢ 46 Vict. c. 50. 277 
 
 borough rate all or any part of any sums payable by the Sect. 226. 
 defendant in or in consequence of the action, prosecution, or i aehe 
 proceeding, whether in respect of costs, charges, expenses, 
 damages, fine, or otherwise.(d) 
 
 (a) As to actions for penalties in relation to lists and elections, see section 
 75, ante, p. 252. As to actions for fines incurred by corporate officers, see 
 section 224, ante, p. 274. The provision in the text is evidently applicable to 
 proceedings other than those under these sections. Under the text notice of 
 action is not necessary, though it is required under section 224. 
 
 (0) A similar provision is contained in the Local Government Act, section 
 
 66, ante, p. 112. The text is, however, wider in its operation, as it applies to 
 all officers. See the note on this subject, ante, p. 109. 
 
 9927. (1) Where a person charged with a petty misdemeanor Power for 
 is brought without the warrant of a justice into the custody of pretinsts. 
 a borough constable during his attendance at a watch-house in to take 
 the borough, at any time (by day or night) at which a justice pel 
 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 constable may, if he thinks fit, 
 take bail without fee from that person, by recognizance con- 
 ditioned for his appearance for examination within two days 
 before a justice in the borough at some time and place therein 
 specified.(a) | 
 
 (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. (bd) 
 
 (3) The constable shall enter in a book, kept for that pur- 
 pose in every watch-house, the name, residence, and occupation 
 of the person entering into the recognizance, and of his surety 
 or sureties, if any, with the condition of the recognizance, and 
 the sums acknowledged.(c) 
 
 (4) The constable shall lay the book before the justice 
 present at the time when and place where the recognisor is 
 required to appear.(d) 
 
 (7) If the recognisor 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 recog- 
 nizance to such further time as he appoints. 
 
 (8) When the matter is heard and determined, either by the 
 dismissal of the charge, or by binding over the recognisor to 
 answer the matter of the complaint at quarter sessions, or 
 
278 
 
 Sect. 227, 
 
 SUB-S. 8. 
 
 Boun- 
 daries of 
 boroughs 
 and trans 
 fer of parts 
 to coun- 
 ties. 
 
 The Mumeipal Corporations Act, 1882. 
 
 otherwise, the recognizance for his appearance before a justice 
 shall be discharged without fee. 
 
 (a) For the reason stated in the note to section 223, ante, p. 274, it is 
 doubtful whether this provision is now extended to counties by the Local 
 Government Act, section 75, ante, p. 124. It is more extensive in its opera- 
 tion than section 38 of the Summary Jurisdiction Act, 1879, and it may be 
 taken to supersede that section if it applies to counties as well as boroughs. 
 
 (4) The recognizance may be enforced under section 9 of the Summary 
 Jurisdiction Act, 1879. . 
 
 (¢) It will now be necessary for county constables to have this book if the 
 section applies to counties. 
 
 (d) Sub-sections (5) and (6) are repealed by the Summary Jurisdiction Act, 
 1884, which substitutes the corresponding provisions of the Summary Jurisdic- 
 tion Acts. The repealed sub-sections related to the forfeiture and enforcing 
 of the recognizance, as to which see note (0), Supra. 
 
 PART FX TLE 
 GENERAL. 
 
 Boundaries. 
 
 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. 
 
 _ (3) But nothing in this Act shall prevent any gaol, house of 
 correction, lunatic asylum, court of justice, or judges’ lodgings, 
 which at the passing of the Municipal Corporations Act, 1835, 
 was, and at the commencement of this Act is, taken to be, 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, depdt for arms, and any land thereto 
 
 belonging, which at the commencement of this Act is parcel of 
 
45 € 46 Vict. c. 50. 279 
 
 a county shall continue to be parcel of the county, and under Sect.228. 
 the exclusive jurisdiction of the authorities of the county, as if Bune. 4. 
 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. 
 
 It is provided by the Local Government Act, section 75, sub-section (16), 
 ante, p. 128, that nothing in the Municipal Corporations Act, as applied by that 
 section, shall apply any of the provisions of the Municipal Corporations Act, 
 1882, with reference to boundaries. Consequently the above section will not 
 apply to counties. For the provisions of the Local Government Act, as to 
 boundaries, see Part III. of that Act, ante, p. 90. 
 
 999, If any place, which under the Municipal Corporations Adjust- 
 Act, 1835, or any Act amending it, ceased to be included in a ea 
 borough or county of a town or city, was before the passing of boroughs 
 the Municipal Corporations Act, 1835, liable to contribute to and coun- 
 any rate for satisfying any lawful debt to which the ratepayers ante of 
 of that borough or county were then liable, and if after the boun- 
 
 commencement of this Act any difference arises concerning the a 
 proportion of that debt to be contributed in respect of that 
 place, the Secretary of State, on the application 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 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 
 
280 
 
 y 
 
 The Municipal Corporations Act, 1882. 
 
 Sect. 229. any Act amending it, or this Act, had not been passed, until 
 
 Computa- 
 tion of 
 time. 
 
 Measure- 
 ment of 
 distances, 
 
 the proportion aforesaid is satisfied, and no longer. 
 
 The Local Government Act, section 54, ante, p. 95, deals with future 
 alterations of the boundaries of counties and boroughs, and section 62, ante, 
 p. 105, provides for the due adjustment of property and liabilities upon any such 
 adjustment. The above section does not apply to counties. See the note to 
 the last section. 
 
 Time. 
 
 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 computation 
 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 following day; and 
 the act or proceeding shall be done or taken at the latest on 
 the last day of the limited time as so computed, unless the last 
 day is a Sunday, Christmas Day, Good Friday, or Monday or 
 Tuesday in Haster week, or a day appointed for public fast, 
 humiliation, or thanksgiving, in which case any act or pro- 
 ceeding 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.(a) 
 
 (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.(b) 
 
 (a) Thus, if something is to be done within ten days after the first of 
 a month, the last day for doing it would be the 11th, unless that were Sunday, 
 or one of the days specified, in which case the act would be done on the 12th. 
 
 (4) This provision will not apply to the nine days’ notice of election under 
 section 54, ante, p. 243, nor to the seven days mentioned in schedule 3, part 2, 
 rule 7, post, 
 
 Distance. 
 
 231, The distances mentioned in this Act shall be measured 
 in a straight line on a horizontal plane, and may be determined 
 by the map made under the survey commonly known as the 
 Ordnance Survey. 
 
 This is a useful provision, otherwise the Ordnance map could not have been 
 used, 
 
45 & 46 Vict. c. 50. 981 
 
 Notices. 
 
 932. Any notice or other document required by this Act to Sect, 232, 
 be fixed on the town hall shall be fixed in some conspicuous Notices 
 place on or near the outer door of the town hall, or if there is ™ town 
 no town hall, in some conspicuous place in the borough or 
 ward to which the notice or document relates. 
 
 In applying this section to electoral divisions of counties some modification 
 must be made. No doubt, if there were public offices in the division, the notice 
 might be published there, as by so doing the above section would be satisfied, 
 whether such offices were a town hall within the meaning of this section as 
 applied, or a conspicuous place in the division. 
 
 See the Local Government Act, section 75 (7), ante, p. 126, as to the sub- 
 stitution of a place for the town hall for hearing objections to nomination 
 papers. 
 
 Inspection and Copies. 
 
 933, (1) The minutes of proceedings of the council shall be wae 
 open to the inspection of a burgess on payment of a fee of one ments. 
 shilling, and a burgess may make a copy thereof or take an 
 
 extract therefrom. 
 
 (2) A burgess may make a copy of or take an extract from an 
 order of the council for the payment of money.(a) 
 
 (3) The treasurer’s accounts shall be open to the inspection 
 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.(0) 
 
 (5) The Freemen’s Roll shall be open to public inspection, 
 and the town clerk shall deliver copies thereof to any person on 
 payment of a reasonable price for each copy. 
 
 (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 authorised to inspect the same in 
 
 making such inspection thereof as in this section 
 mentioned ; or 
 
289, The Municipal Corporations Act, 1882. 
 
 Sect.233. (b) Refuses to give copies or extracts to any person entitled 
 
 SUB-S.7 3d. : ; 4 
 aa to obtain the same under this section; 
 
 he shall, on summary conviction, be liable to a fine not exceeding 
 
 five pounds. 
 
 (a) Sub-sections (1) and (2) will apply to county councils with the sub- 
 stitution of county elector for burgess. 
 
 As to the minutes of the council, see section 22, ante, p. 220. 
 
 As to orders for the payment of money, see the Local Government Act, 
 section 80, ante, p. 142. 
 
 (4) It is provided by the Local Government Act, section 71, ante, p. 120, 
 that the provisions of the Municipal Corporations Act, 1882, as tothe accounts 
 of the treasurer of a borough and to the inspection and abstract thereof shall 
 apply to the accounts of a county council. 
 
 Fees. 
 
 Hae Ps 234, The town clerk of every borough shall cause a true 
 eee ° copy of the tables of fees for the time being authorised to be 
 taken by the clerk of the peace (if any) for the borough, by the 
 clerk to the justices (if any) for the borough, and by the regis- 
 trar 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 ; 
 (5) The room (if any) where the justices of the borough sit 
 for transacting their business ; 
 
 (c) The room (if any) where the court of quarter sessions of 
 the borough is held; and 
 (dq) The room (if any) where the borough civil court is held. 
 
 As to the tables of fees to be taken by justices’ clerks generally, see 14 & 15 
 Vict. c. 55; and 40 & 41 Vict. ¢. 43. 
 
 It would appear that this section will now apply in counties except in so 
 far as it refers to the borough civil court. See section 75 of the Local 
 Government Act, ante, p. 124. 
 
 Seals and Signatures. 
 
 Forgery. 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. 
 
 As to the authentication of bye-laws, see section 28, ante, p. 221. As to the 
 signature of minutes, see section 22, sub-section (5), ante, p. 220, 
 
45 & 46 Vict. c. 50. 983 
 
 Applications to Treasury. 
 
 936. (1) Where the council intend to apply to the Treasury for phage it 
 their approval of any sale, loan, or other financial arrangement Fceik 
 
 under this Act, notice of the intention to make the application Nature of 
 shall be fixed on the town hall one month at least before the laps 
 application, and a copy of the intended application shall during oT 
 that month be kept in the town clerk’s office, and be open to Treanine 
 public inspection. 
 
 (2) If the Treasury either refuse their approval or grant it 
 conditionally or under qualifications, notice of the correspon- 
 dence between the Treasury and the council shall forthwith 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 office, and be open to public inspection. 
 
 It is provided by the Local Government Act, section 72, ante, p. 122, that 
 after the appointed day the Local Government Board shall exercise, as regards 
 any county borough, or other borough, the powers conferred by Part V. of the 
 Municipal Corporations Act, 1882, relating to corporate property and liabilities, 
 as respects the approval of loans and the alienation of property and other 
 matters therein mentioned, and that part shall, as respects any transactions 
 commenced after the appointed day, be construed as if Local Government 
 Board were throughout that part substituted for Treasury. 
 
 The above section will apparently apply to all applications to the Local 
 Government Board, whether by a borough council under this Act, or by a 
 county council under the provisions of the Local Government Act as to 
 property, borrowing, &c. 
 
 As to fixing the notice on the town hall, see section 232, ante, p. 281. 
 
 The town clerk’s office will, in counties, be the office of the clerk of the council. 
 
 Deputy. 
 937, No defect in the appointment of a deputy under this Acts of 
 Act shall invalidate his acts. cope not 
 o be in- 
 ; validated 
 Overseers. bridake? 
 
 938, (1) Every matter by the Municipal Corporations Act in appoint- 
 directed to be done by overseers may be lawfully done by the ™e*. 
 major part of them. 
 
 (2) Any notice by the Municipal Corporations Acts required Notices to 
 
 to be given to overseers may be delivered to any one of them, a hee 
 or left at his place of abode, or at his office for transacting seers, 
 
 parochial business. 
 
 The chief duties of the overseers under this Act as applied by the Local 
 Government Act consist in the preparation of the burgess lists and lists of 
 voters, &c., under Part III., as amended by the County Electors Acts. 
 
 Churchwardens are overseers ex officio (43 Eliz. c. 2,8. 1), and must be 
 reckoned in ascertaining the majority above referred to. An assistant over- 
 seer may also be counted as one of the majority. See Baker v. Locke, 11 Jur, 
 (N.S.) 65; 34 L. J. C. P. 49; 18 C. B. (.8,) 52, 
 
984 
 
 sect. 239, 
 
 SUB-S. 1 
 
 Power to 
 administer 
 oaths, &c. 
 
 Bl & 32 
 Vict. c. 72. 
 
 Forms in 
 schedule, 
 
 Misnomer 
 or inaccu- 
 rate de- 
 scription 
 not to 
 hinder, 
 
 The Municipal Corporations Act, 1882. 
 
 Declarations and Oaths. 
 239, (1) Where by or under this Act a declaration or oath 
 
 ‘ is required to be made or taken by the holder of a corporate 
 
 office or other person before the council or any members thereof, 
 or any other persons, they shall have authority to receive and 
 administer the same without any commission or authority 
 other than this Act. 
 
 (2) Nothing in this Act in any case shall require or authorise 
 the taking or making of any oath or declaration that would 
 not have been required or authorised under the Promissory 
 Oaths Act, 1868, or otherwise by law, if this Act had not been 
 passed, or interfere with the operation of the Promissory Oaths 
 Act, 1868. 
 
 As to the declaration on acceptance of office, see section 35, ante, p. 231, and 
 Schedule VIII., post. This declaration may be made before two members of 
 the council or the town clerk. 
 
 As to the oaths of the chairman of the county council, see the Local 
 Government Act, section 2, ante, p. 4. ? 
 
 Forms. 
 
 240, The forms in the Highth Schedule, or forms to the like 
 effect, varied as circumstances require, may be used, and shall 
 be sufficient in law. 
 
 The only part of the Kighth Schedule which is incorporated with the Local 
 Government Act is Part I., which is set out, post. 
 
 Misnomer or Inaccurate Description. 
 
 241, No misnomer or inaccurate description of any person, 
 body corporate, or place named in any schedule to the Municipal 
 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 corporate, or place, provided 
 the description of that person, body corporate, or place be such 
 as to be commonly understood. 
 
 Where in a voting paper Gonville Place was stated as the address of a 
 voter, whereas his real address was Newmarket Road, it was held that this 
 inaccuracy was not cured by the corresponding provisions of 5 & 6 Will. 4, 
 c. 76, 8. 142. Reg. v. Coward, 16 Q. B. 819; and see Reg. v. Deighton, 
 5 Q. B. 896; 13 L. J. Q. B. 241; 8 Jur. 686; Reg. v. Hammond, 17 Q. B. 
 772; 21 L. J. Q. B. 153; 16 Jur. 194; Reg. v. Avery, 18 Q. B. 576; 21 
 L. J. Q. B. 153; 17 Jur. 194. 
 
 Joseph C., a person entitled to vote at a municipal election, was by mistake 
 entered on the burgess roll as James C. He voted by the name of James C. 
 On motion for a guo warranto, the vote was objected to on the ground that 
 
45 & 46 Vict. c. 50. 285 
 
 C. was not entitled to vote, and had fraudulently personated a person entitled Sect.241. 
 to vote. It was held that neither objection was sustained. And, semble, that NOTE. 
 if the objection had been that C. had voted in a wrong name, and was not sabes 
 rightly entered on the burgess roll, this objection could not have been sustained, 
 but that the misnomer would have been cured under 5 & 6 Will. 4, c. 76, 8. 142. 
 Reg. v. Thwaites, 1B. & B. 704; 22 L. J. Q. B. 238; a hie ey 
 
 A yoting paper signed W. J., of K. street, was rejected on the ground that 
 the qualification of W. J. on the burgess roll was described as ‘‘house in M. 
 street.” It was shown by affidavits that K. and M. streets intersected ; that 
 the house in question was the corner house; that it was one house, with a street 
 door in each street, consisting of what had formerly been two distinct houses, 
 one in each street, and one of them being the house in M. street. It was held 
 that having regard to 5 & 6 Will. 4, c. 76,8. 142, the description was such as 
 to be commonly understood, and that the vote was improperly rejected. Leg. 
 v. Gregory, 1 HE. & B. 600; 22 L. J. Q. B. 120; 17 Jur. 272. 
 
 Voting papers were tendered signed “ A. B., voting for property situate in 
 the parish of C.” They were rejected, and the rejection altered the majority. 
 In proceedings by quo warranto, it was admitted that the borough consisted 
 of two parishes, of which C. was one; that though there were streets and lanes 
 in the borough, the description in the voting papers was such as to be commonly 
 understood, and that the boundaries of the parish were well known and defined. 
 It was held that the fault, if there was one, was cured by 5 & 6 Will. 4, c, 76, 
 s. 142. Reg. v. Spratiey, 6 E. & B. 363; 25 L. J. Q. B.: 257; 2 Jur. 
 (N.S.) 735. 
 
 A voting paper contained the christian name and surname of the candidate 
 and his place of abode, but no description (such as is required by Schedule 3, 
 Part I., rule 5, post). It was held that this was not an inaccurate description, 
 put a total omission of the description of the candidate, and was not cured by 
 5& 6 Wm. 4,c. 76,8. 142. Reg. v. Tugwell, L. R.3 Q. B. 704; 37 ar! bald kay 
 275; 16 W. R. 1039. . 
 
 At an election of councillors voting papers designated the person voted for 
 by the initial of his christian name. It was held that this was a misnomer and 
 cured by 5 & 6 Wm. 4,c. 142. Reg. v. Plenty, L. R. 4 Q. B. 346; 38 L. J. 
 Q. B. 205; 20 L. T. (W.8.) 521; 17 W. R. 792, But in a later case it was held 
 that a similar use of initials in a nomination paper was not cured, for section 
 142 did not extend to a nomination paper, which was unknown when 5 & 6 
 Wm. 4, c. 76, was passed. Mather v. Brown, 1 Cb? D596; 45.3.0. PB. 
 547; 34 L. T. (N.S.) 869; 24 W. R. 736. 
 
 A mistake in the number on the burgess roll as stated in a nomination paper 
 was held not cured by 35 & 36 Vict. c. 33, s. 18, and 41 & 42 Vict. c. 26, s. 41; 
 Gothard v. Clark, 5 C. P. D. 253; 49 L. J. C. P. 474 ; 42 L. T. C8.) 776 5 
 29 W. R. 102; 44 J. P. 587. 
 
 A nomination paper at the election of a town councillor pursuant to the 
 Municipal Corporations Act, 1885, was held sufficiently to state the christian 
 name (William) of the person nominated by the abbreviation Wm. Henry v. 
 Armitage, 12 Q. B. D. 257; 33 L. J. Q. B. 111; 50 L. T. 8.) 4; 32 W. R. 
 192; 48 J. P. 424. 
 
 A nomination paper was subscribed with the full and correct name of 
 Charles Arthur Burman as an assenting burgess; but his name was erroneously 
 entered on the burgess roll as Charles Burman only. It was held that the 
 defect was not cured by the text. The words ‘‘ commonly understood ” mean 
 commonly understood by any person comparing the nomination paper and the 
 burgess roll. Moorhouse v. Linney, 15 Q. B. D. 273; 53 L. T. (W.8.) 343; 
 33 W.R. 704; 49 J. P. 471. 
 
 Substitution in Former Acts. 
 
 942. (1) In the several enactments described in Part I. of Neto 
 rr Y- 
 
 the Ninth Schedule, a reference to this Act shall be deemed to ences in 
 
286 The Municipal Corporations Act, 1882. 
 
 Sect. 242, be substituted for a reference to the Municipal Corporations 
 fetes Achtisen and any Act amending it. 
 paseppesed (2) In each of the enactments described in Part II. of the 
 ments to Ninth Schedule, there shall be substituted for the respective 
 v3 ate ; provision of the Municipal Corporations Act, 1835, in that part 
 c, 76, &e, Mentioned in connection therewith, such provision of this Act 
 as is also mentioned in connection therewith. 
 
 (3) Where any Act passed before this Act, and not specified 
 in the First or in the Ninth Schedule, refers to the Municipal 
 Corporations Act, 1835, or any Act amending it, or to boroughs 
 or corporations subject to that Act or any Act amending it, the 
 reference shall be deemed to be to this Act or to the corre- 
 sponding provision of this Act, or to boroughs or corporations 
 subject to this Act (as the case may require). 
 
 (4) All enactments to which this section relates shall, except 
 as in this section provided, continue to operate as if this Act 
 
 had not been passed. 
 
 This section has of course no application to the Local Government Act. 
 
 Shorttitles 243, Such of the Acts specified in the First Schedule as will 
 Re ee remain in force to any extent after the commencement of this 
 iat Act may continue to be cited by the short titles in that 
 
 schedule mentioned. 
 
 Returning Officers at Parliamentary Elections. 
 Mayor of 244, (1) In boroughs, other than cities and towns being 
 
 Piast counties of themselves, the mayor shall be the returning officer 
 tobe at parliamentary elections; but this provision shall not extend 
 Sian to the borough of Berwick-upon-Tweed. 
 
 parlia- (2) If there are more mayors than one within the boundaries 
 
 Harel of a parliamentary borough, the mayor of that borough to 
 ' which the writ of election igs directed shall be the returning 
 officer. 
 
 (3) If when a mayor is required to act as returning officer 
 the mayor is absent, or incapable of acting, or there is no 
 mayor, the council shall forthwith choose an alderman to be 
 returning officer. 
 
 This section does not apply to counties. 
 
 Disfranchised Parliamentary Boroughs. 
 
 Electorsin 245, Where a borough has, in pursuance of the Representa- 
 
 wanes tion of the People Act, 1867, or of any Act passed in the 
 
45 ¢ 46 Vict. c. 50. 287 
 
 session of the thirty-first and thirty-second years of the reign Sect. 245. 
 of Her Majesty, ceased to return a member to serve in Parlia- boroughs. 
 ment, and the persons entitled to vote for the member or = i Xs 
 members formerly returned by the borough were by law electors 102, 
 for any other purpose, the burgesses of the borough shall be 
 
 electors for that purpose, and shall in all respects, as regards 
 
 that purpose, be substituted for the persons so entitled to vote. 
 
 This section cannot apply to a county. 
 
 Licensing. 
 946. In the Act of the ninth year of the reign of King Explena- 
 
 George the Fourth, chapter sixty-one, “‘ to regulate the granting tani 
 
 of licenses to keepers of inns, alehouses, and victualling houses cae rs 
 in England,” the expressions ‘town corporate,’ “county OY &,in 
 place,” and “ division or place,” include every borough having Wetks 
 a separate commission of the peace, and the expression ‘‘ high 
 constable” includes any constable of any such borough to 
 
 whom the justices of the borough direct their precept under 
 
 that Act. 
 
 This section applies only to boroughs. 
 
 Freedom of Trading. 
 
 947, Notwithstanding any custom or bye-law, every person Right of 
 P free trad- 
 in any borough may keep any shop for the sale of all lawful jno in 
 wares and merchandises by wholesale or retail, and use every boroughs. 
 lawful trade, occupation, mystery, and handicraft for hire, gain, 
 
 sale, or otherwise within any borough. 
 
 Bye-laws cannot be made in restraint of trade. See the cases cited inithe 
 notes to section 23, ante, p. 221. 
 
 . 
 
 This section is in fact a proviso to section 23, and will now apply in counties 
 as well as in boroughs. 
 
 Cinque Ports. 
 948, (1) The boroughs of Hastings, Sandwich, Dover, Hythe, Special 
 
 being four of the Cinque Ports, and the borough of Rye, are in ae aoe 
 this section referred to as the five boroughs. © tain of the 
 
 Cinque 
 
 (2) The jurisdiction, powers, and authorities of the court of pois. 
 
 quarter sessions, recorder, coroner, and clerk of the peace for 
 each of the five boroughs shall extend to the non-corporate 
 members and liberties thereof, and to such corporate members 
 thereof as have not a separate court of quarter sessions. 
 
288 
 Sect. 248. 
 SUB-S, 3 
 
 —_——— 
 
 32 & 33 
 Vict. ¢, 53. 
 
 The Municipal Corporations Act, 1882. 
 
 (3) The jurisdiction, powers, and authorities of the persons 
 
 ’ constituted justices within and throughout the liberties of the 
 
 Cinque Ports by virtue of their commission, shall extend to all 
 places being within the limits of the five boroughs or of their 
 members or liberties, corporate or non-corporate, and not 
 being within the limits of a borough having a separate com- 
 mission of the peace. 
 
 (4) The justices for the five boroughs respectively shall have 
 all the jurisdiction, powers, and authorities of justices for a 
 county relating to the granting of licenses or authorities to 
 persons to keep inns, ale-houses, or victualling houses, or to 
 sell exciseable liquors by retail within any of the corporate or 
 non-corporate members or liberties of the five boroughs 
 respectively, not being within the limits of a borough having a 
 Separate commission of the peace. 
 
 (5) The non-corporate members and liberties of the five 
 boroughs and such corporate members thereof as have not a 
 
 ‘separate court of quarter sessions shall be charged by the 
 
 respective courts of quarter sessions of the five boroughs with 
 a due proportion of all those expenses of the five boroughs, to 
 the payment whereof rates in the nature of county rates are 
 applicable; and such rates may be assessed and levied in the 
 manner in which rates of that description were assessed and 
 levied before the passing of the Municipal Corporations Act, 
 1835, under any enactment then in force, but subject to the 
 operation of any subsequent enactment affecting the same. 
 
 (6) A due proportion of inhabitant householders to serve as 
 grand jurors and jurors at the respective courts of quarter 
 sessions of the five boroughs shall be summoned by the clerks 
 of the peace thereof from the non-corporate members and 
 liberties thereof, and such corporate members thereof as have 
 not a separate court of quarter sessions ; and the attendance of 
 such jurors shall be enforced, and their defaults punished, in 
 the manner by this Act directed with respect to jurors in 
 boroughs. | 
 
 (7) Nothing in this section shall affect the Cinque Ports Act, 
 1869, or the Acts therein recited. 
 
 The Local Government Act, section 48, sub-section (4), ante, p. 89, provides 
 that “the Cinque Ports and two ancient towns and their members shall for all 
 purposes of the county council, and of the powers and duties of quarter sessions 
 and justices out of sessions under this Act, form part of the county in which 
 
 they are respectively situate, without prejudice, nevertheless, to the position of 
 any such port, town, or member as a quarter sessions borough under the 
 
el 
 
 45 & 46 Vict. c. 50. 289 
 
 Municipal Corporations Act, 1882, as amended by this Act, and without Sect. 248. 
 prejudice to the 'existing privileges of such ports, towns, and members as NoTE. 
 respects matters which are not affected by this Act.” rae 
 
 Cambridge. 
 
 949, (1) It shall be lawful for the Queen, from time to time, Vice- 
 by her commission of the peace for the borough of Cambridge, ear 
 to constitute the Vice-Chancellor for the time being of the bridge. 
 University of Cambridge a justice for that borough. 
 
 (2) He shall not, by reason of being so constituted, have any 
 ereater authority as to the grant of licenses to alehouses than 
 any other justice named in the commission. 
 
 (3) But nothing in this section shall affect the rights and 
 privileges which the Vice-Chancellor lawfully has or enjoys, or 
 might have lawfully had or enjoyed if he were not so constituted 
 
 a& justice. 
 Savings. 
 950. (1) Nothing in this Act shall prejudicially affect any Saving for 
 
 charter granted before the commencement of this Act, or take saber 
 away, abridge, or prejudicially affect any of the rights, powers, tions. 
 privileges, estates, property, duties, liabilities, or obligations 
 vested in or imposed on any municipal corporation existing 
 
 at the commencement of this Act, or in or on the mayor, or the 
 council of a borough then existing, or any members or com- 
 mittee of the council, by the incorporation of the inhabitants 
 
 of the borough, or by transfer from any other authority, or 
 otherwise; but every such charter shall continue to operate, 
 and every such corporation shall continue to have perpetual 
 succession and a common seal, and to be capable in law by the 
 council to do and suffer all acts which at the commencement of 
 
 this Act they and their successors respectively may lawfully do 
 
 or suffer, and the corporation and all members and officers thereof 
 
 and their sureties, and every such mayor and every such council 
 
 and committee, and every such officer, shall continue to have, 
 enjoy, and be subject to the like rights, powers, offices, privi- 
 leges, estates, property, duties, liabilities, and obligations as if 
 
 _ this Act had not been passed, without prejudice, nevertheless, 
 
 to the operation of the repeal of enactments by this Act, and to 
 the other express provisions of this Act. 
 (2) Nothing in this Act shall alter the boundaries of any 
 borough existing at the commencement of this Act, or the 
 U 
 
290 
 Sect. ae 
 
 Saving 
 for local 
 Acts. 
 
 Saving for 
 Prison 
 
 Vict. c. 21, 
 13 & 14 
 Vict. c, 91, 
 
 Saving for 
 military 
 
 and naval 
 officers, &c, 
 
 Saving for 
 dockyards, 
 barracks, 
 &e, 
 
 The Municipal Corporations Act, 1882. 
 
 number, apportionment, or qualification of the aldermen or 
 
 a councillors thereof, or the division thereof into wards. 
 
 (3) Nothing in this Act shall affect the right of the council 
 of a borough to collect by their own officers the borough rate 
 and watch rate, or either of them, where, at the commence- 
 ment of this Act, they are authorised by law to so collect, and 
 are so collecting, the same. 
 
 (4) Nothing in this Act shall alter the respective jurisdiction 
 of county and borough justices. 
 
 (5) Nothing in this Act shall affect the right of any borough 
 named in Schedule (A.) to the Municipal Corporations Act, 
 1835, to have a separate commission of the peace. 
 
 Compare the provisions of the Local Government Act, section 125, ante, 
 p. 197. 
 
 251. Nothing in this Act shall alter the effect of any local 
 Act of Parliament. 
 
 The Local Government Act, section 75, sub-section (16), ante, p. 128, provides 
 that nothing in the Municipal Corporations Act, 1882, as applied by that 
 section, shall apply the provisions of section 251, supra. Section 125 of that 
 Act, ante, p. 197, contains a saving for local acts. 
 
 252. Nothing in this Act, except the provision referring to 
 the Ninth Schedule, shall affect the Prison Act, 1865, or the 
 Prison Act, 1877, and nothing in this Act shall affect the Act 
 of the session of the fifth and sixth years of Her Majesty, chapter 
 ninety-eight, ‘‘ to amend the laws concerning prisons,” or revive 
 or restore any enactment which, being contained in that Act, or 
 in the Municipal Corporation (Justices) Act, 1850, or in any 
 other Act, is virtually repealed or superseded by the Prison 
 Act, 1865, or the Prison Act, 1877. 
 
 253. Nothing in this Act shall compel the acceptance of any 
 office or duty whatever in any borough by any military, naval, 
 or marine officer in Her Majesty’s service on full pay or half 
 pay, or by any officer or other person employed and residing in 
 any of Her Majesty’s dockyards, victualling establishments, 
 arsenals, barracks, or other naval or military establishments. 
 
 See the note to section 34, ante, p. 230. 
 
 254, Nothing in this Act shall affect the watching, paving, 
 or lighting, or the internal regulations for the government of 
 
45 € 46 Vict. c. 50. 291 
 
 any of Her Majesty’s dockyards, victualling establishments, Sect. 254. 
 arsenals, barracks, or other naval or military establishments, or i. 
 make the tenements therein or the inhabitants thereof liable to 
 
 any rate for watching, paving, or lighting. 
 
 955. Nothing in this Act shall affect the authority of justices cane as 
 vested in the Commissioners for executing the office of Lord ieee 
 High Admiral of the United Kingdom, or any authority to 
 
 appoint coroners to act within the jurisdiction of the Admiralty. 
 
 956, Nothing in this Act shall affect the jurisdiction and aan 
 
 office of the Lord Warden in his office of Admiral of the Cinque Warden. 
 Ports. 
 
 957. Nothing in this Act shall— peel 
 
 (1) Affect the rights, privileges, duties, or liabilities of the ties, 
 chancellor, masters, and scholars of the Universities 
 of Oxford and Cambridge respectively, as by law 
 possessed under. the respective charters of those 
 universities or otherwise; or 
 
 (2) Entitle the mayors of Oxford and Cambridge respec- 
 tively to any precedence over the vice-chancellors of 
 those universities respectively; or 
 
 (3) Entitle any person to be enrolled a citizen of the city of 
 Oxford or burgess of the borough of Cambridge by 
 reason of his occupation of any rooms, chambers, or 
 premises in any college or hall of either of those 
 universities; or 
 
 (4) Compel any resident members of either of those universi- 
 ties to accept any office in or under the municipal 
 corporations of Oxford or of Cambridge; or 
 
 (5) Authorise the levy of any rate within the precincts of 
 those universities, or of any of the colleges or halls 
 thereof, which now by law cannot be levied therein, 
 or make either of those universities, or the members - 
 thereof, liable to any rate to which they are not liable 
 to contribute at the commencement of this Act; or 
 
 (6) Authorise the transfer of any rights or liabilities by a 
 local authority to the municipal corporation of the 
 borough of Cambridge without the consent of the 
 chancellor, master, and scholars of the University of 
 Cambridge; or 
 
 u 2 
 
292 The Mumewpal Corporations Act, 1882. 
 
 Sect.257. (7) Affect the rights or privileges granted by charter or Act 
 ‘pla b of Parliament to the University of Durham. 
 
 This section does not apply to counties. See the Local Government Act, 
 s. 75, sub-section (16), ante, p. 129. 
 
 Saving for 958, Nothing in this Act shall prevent any jurisdiction or 
 baa authority exercised in or over the precinct or close of any 
 cathedral cathedral from being continued concurrently with the jurisdic- 
 precincts. tion and authority of the justices of the borough in which the 
 
 precinct or close is situate. | | 
 
 Saving for 959, Nothing in this Act shall prejudicially affect Her 
 Sata Majesty’s royal prerogative; and the enabling provisions of 
 this Act shall be deemed to be in addition to, and not in 
 derogation of, the powers exerciseable by Her Majesty by virtue 
 
 of her royal prerogative. 
 
 Savingas 260, (1) The repeal effected by this Act shall not affect— 
 
 to repealed 
 
 Peres (a) Anything done or suffered before the commencement of 
 ments. this Act under any enactment repealed by this Act; 
 or 
 
 (5) Any proceeding or thing pending or in course of being 
 done at the commencement of this Act under any 
 enactment repealed by this Act; or 
 
 (c) Any jurisdiction or practice established, confirmed, or 
 transferred, or right or privilege acquired or confirmed, 
 or duty or liability imposed or incurred, or compensa- 
 tion secured, by or under any enactment repealed by 
 this Act; or 
 
 (d) Any disability or disqualification existing at the com- 
 mencement of this Act under any enactment repealed 
 by this Act; or 
 
 (c) Any fine, forfeiture, punishment, or other consequence 
 incurred or to be incurred in respect of any offence 
 committed before the commencement of this Act 
 against any enactment repealed by this Act; or 
 
 (f) The institution or the prosecution to its termination of 
 any legal proceeding or other remedy for ascertaining, 
 enforcing, or recovering any such jurisdiction, prac- 
 tice, right, privilege, duty, liability, compensation, 
 disability, disqualification, fine, forfeiture, punish- 
 ment, or consequence as aforesaid; or 
 
45 ¢ 46 Vict. c. 50. 
 
 (g) The terms on which any money has been borrowed before 
 the commencement of this Act under any enactment 
 repealed by this Act. 
 
 (2) The repeal effected by this Act shall not extend to Scot- 
 land or Ireland, and shall not, as regards the enactments 
 described in Part II. of the First Schedule, operate in respect 
 of any place other than a borough to which this Act applies, 
 and shall not revive or restore any statute, law, usage, custom, 
 royal or other charter, grant, letters patent, bye-law, jurisdic- 
 tion, office, right, title, claim, privilege, liability, disqualifica- 
 tion, exemption, restriction, practice, procedure, or other matter 
 or thing abolished by the Municipal Corporations Act, 1839, 
 or not in force or existing at the commencement of this Act, or 
 otherwise affect the past operation of any enactment repealed 
 by this Act. 
 
 (3) All elections, declarations, appointments, bye-laws, rates, 
 tables of fees, and regulations made, or pending, or in the 
 course of being made, and all other things done, or pending, or 
 in the course of being done, under the Municipal Corporations 
 Act, 1835, or any other enactment repealed by this Act, before 
 or at the commencement of this Act, shall for the purposes of 
 this Act be of the like effect as if they had been made or done, 
 or were pending, or in the course of being made or done, under 
 this Act, and shall, as far as may be requisite for the continu- 
 ance, validity, and effect thereof, be deemed to have been made 
 or done, or may be carried on and be made or done, as the case 
 may require, under this Act. 
 
 THE SECOND SCHEDULE. 
 MEETINGS AND PROCEEDINGS OF COUNCIL. 
 
 1. The council shall hold four quarterly meetings in every year for the 
 transaction of general business. 
 
 General business is presumably business prescribed by the Act itself or some 
 other Act relating to the council. Any other business must be specified in the 
 summons to attend the meeting. See rule 8, post. 
 
 County councils must hold quarterly meetings as herein provided. 
 
 It may be added that, by the Local Government Act, s. 2, ante, p. , county 
 councils are to conduct their proceedings in like manner as the council of 
 a borough. 
 
 2. The quarterly meetings shall be held at noon on each ninth of 
 November, and at such hour on such other three days before the first 
 
 Ss 
 S 
 
 293 
 
 ect. 260. 
 UB-S.1 9. 
 
, 294 
 Sched. 2. 
 
 The Municipal Corporations Act, 1882. 
 
 of November then next following as the council at the quarterly meeting — 
 in November decide or afterwards from time to time by standing order 
 determine. 
 
 Noon means 12 o’clock by Greenwich time. 43 & 44 Vict. c. 9. 
 
 The quarterly meeting of a county council is to be held on the 7th instead 
 of the 9th November. See the Local Government Act, s. 75, sub-sect. (13), 
 ante, p. 128. 
 
 The first meeting of a provisional county council will be held on the second 
 Thursday next after the day fixed for the first election. As to the holding of 
 this meeting and the business to be transacted thereat, see the Local Govern- 
 ment Act, s. 105, ante, p. 170. 
 
 The first meeting of the county council is to be held on the day appointed 
 for the council coming into office, 7.¢., on the 1st April, 1889. See the Local 
 Government Act, s. 107, sub-sect. (5), ante, p. 174. 
 
 In future years, after the election of a county council, the first business to be 
 done will be the election of the chairman (section 61, ante, p. 247); then the 
 election of the aldermen (section 60, ante 246). 
 
 As to the standing orders, see rule 13, post. 
 
 3. The mayor may at any time call a meeting of the council. 
 
 The chairman of a county council will have this power of calling a meeting 
 of the council at any time. 
 
 4. If the mayor refuses to call a meeting after a requisition for that 
 purpose, signed by five members of the council, has been presented to 
 him, any five members of the council may forthwith, on that refusal, 
 calla meeting. If the mayor (without so refusing) does not within seven 
 days after such presentation call a meeting, any five members of the 
 council may, on the expiration of those seven days, call a meeting. 
 
 This rule provides for two cases:—(1) If the mayor (or chairman) signifies 
 his refusal to call a meeting; (2) if he does not refuse, but does not in fact 
 call a meeting within seven days. The seven days are to be reckoned exclusive 
 of Sunday, Christmas Day, Good Friday, Easter Monday or Tuesday, or public 
 fast days. See section 230, ante, p. 280. 
 
 5. Three clear days at least(a) before any meeting of the council, 
 notice of the time and place of the intended meeting, signed by the 
 mayor, or if the meeting is called by members of the council, by those 
 members, shall be fixed on the town hall.(b) Where the meeting is 
 called by members of the council, the notice shall specify the business 
 proposed to be transacted thereat.(c) 
 
 (a) This means that three clear days must intervene, not counting either 
 the day of giving the notice or the day of the meeting. Reg. v. Shropshire JJ., 
 8 A. & BE. 173; Young v. Higgon, 6 M. & W. 49. 
 
 (b) See section 232, ante, p. 281. It will probably be a sufficient compliance 
 with this provision if the notice is affixed to the building at which meetings of 
 the county council are usually held. 
 
 (c) When the meeting is summoned by the mayor the business need not be 
 specified in this notice. 
 
 6. Three clear days at least(a) before any meeting of the council, a 
 summons to attend the meeting, specifying the business proposed to be 
 transacted thereat,(b) and signed by the town clerk,(c) shall be left or 
 delivered by post in a registered letter at the usual place of abode of 
 
45 & 46 Vict. c. 50. 
 
 295 
 
 every member of the council, three clear days at least before the Sched. 2. 
 
 meeting. 
 
 (a) See rule 5, note (a), supra. 
 (b) This notice must in every case specify the business. 
 
 (c) The clerk of the council must sign the summons calling a meeting of 
 the county council. 
 
 7 Want of service of the summons on any member of the council 
 shall not affect the validity of a meeting. 
 
 This rule is evidently intended to obviate any difficulty which might arise in 
 case of the accidental omission of notice to any member. But it may be 
 doubted whether the failure to send notices to a considerable number of 
 members might not affect the validity of the meeting. 
 
 8. No business shall be transacted at a meeting other than that 
 specified in the summons relating thereto, except, in case of a quarterly 
 meeting, business prescribed by this Act to be transacted thereat. 
 
 A quarterly meeting may be adjourned to complete unfinished business, and 
 in such cases no summons may be necessary ; but no fresh business which may 
 casually arise can be transacted at this adjourned meeting unless notice and 
 summons have been issued as required by the preceding rules. Reg. v. Grim- 
 shaw, 10 Q. B. 747; 16 L. J. Q. B. 385; 11 Jur. 965. 
 
 As to the quarterly meetings, see the note to rule 1, ante, p, 293. 
 
 9. At every meeting of the council, the mayor, if present, shall be 
 chairman. Ifthe mayor is absent, then the deputy mayor, if chosen for 
 that purpose by the members of the council then present, shall be 
 chairman. If both the mayor and the deputy mayor are absent, or the 
 deputy mayor, being present, is not chosen, then such alderman, or in 
 the absence of all the aldermen, such councillor, as the members of the 
 council then present choose, shall be chairman. 
 
 In county councils the chairman or vice-chairman will preside. In the event 
 of their absence the councillors present must elect an alderman, or if there is 
 no alderman present, a councillor, to preside. 
 
 See the note to section 16, ante, p. 217, as to the vice-chairman. 
 
 In the absence of the chairman of the London County Council it is pre- 
 sumed that the deputy chairman appointed under section 88 of the Local 
 Government Act, ante, p. 155, will preside. 
 
 10. All acts of the council, and all questions coming or arising before 
 the council, may be done and decided by the majority of such members 
 of the council as are present and vote at a meeting held in pursuance of 
 this Act, the whole number present at the meeting, whether voting or 
 not, not being less than one-third of the number of the whole council. 
 
 The majority will be determined by the members voting, though others may 
 
 be present and do not vote. 
 The quorum of a county council is to be one-fourth, instead of one-third. 
 See the Local Government Act, section 75, sub-section (15), ante, p. 128. 
 
 A quorum of two-thirds is required under section 23, ante, p. 221. 
 
 11. In case of equality of votes, the chairman of the meeting shall 
 have a second or casting vote. 
 
 A difficulty might arise if the chairman were disqualified from voting by 
 yeason of his having a pecuniary interest in the subject of discussion, See 
 
a 
 
 © 
 
 296 The Municipal Corporations Act, 1882. 
 
 Sched. 2, section 22, sub-section (3), ante, p. 220. In such a case he could not, 
 ‘“—— _ apparently, give an original or a casting vote. 
 
 12. Minutes of the proceedings of every meeting shall be drawn up 
 and fairly entered in a book kept for that purpose, and shall be signed 
 in manner authorised by this Act. 
 
 As to the signature and authentication of the minutes, see section 22, sub- 
 section (5), ante, p. 220. 
 
 As to forging the signature to any minutes, see section 235, ante, p. 282. 
 
 13, Subject to the foregoing provisions of this schedule, the council 
 may from time to time make standing orders for the regulation of their 
 proceedings and business, and vary or revoke the same. 
 
 It is anticipated that county councils will make standing orders similar to 
 those of quarter sessions, 
 
 THE THIRD SCHEDULE. 
 Part IT. 
 Rules as to Nomination in Elections of Councillors. 
 
 1. Every candidate for the office of councillor must be nominated in 
 writing. 
 
 2. The writing must be subscribed by two burgesses of the borough 
 or, in the case of a ward election, of the ward, as proposer and seconder, 
 and by eight other burgesses of the borough or ward, as assenting to the 
 nomination. 
 
 The burgesses must be enrolled in the burgess roll or ward roll, as the case 
 may be. See section 51, ante, p. 241. 
 
 This will apply to an election of county councillors, so as to render it neces- 
 sary that the proposer, seconder, and persons assenting should be county 
 electors for the electoral division. 
 
 A burgess was nominated in a paper signed by B. and H. as proposer and 
 seconder, and by eight other assenting burgesses. After the nomination paper 
 had been delivered to the town clerk it was altered in the absence of the 
 seconder and assenting burgesses by striking out the name of B. as proposer 
 and substituting that of G., another burgess. It was held that the nomination 
 was invalid. Harmon v. Park, 7 Q. B. D. 369; 50 L. J. Q. B. 775; 45 LT. 
 (N.S.) 174; 45 J. P. 714. 
 
 The form of the nomination paper prescribed by this Act is contained in 
 Schedule 8, Part 2, which is not incorporated with the Local Government Act. 
 Whether, having regard to section 240, the form prescribed will apply to 
 county councillors is not quite clear, but it will be advisable to follow it. 
 Assuming that the form is to be followed with the necessary modifications the 
 following points must be attended to:—1. The full christian names and sur- 
 names of the candidates must be stated. Initials for the christian names or 
 any of them will render the nomination paper void. Mather v. Brown, ante, 
 p. 285 ; though such abbreviations as Wm. for William, Fredk. for Frederick, or 
 the like, are sufficient. Henry v. Armitage, ante, p. 285. 2. The abode and 
 description of the candidate must be stated in the columns for these purposes. 
 The omission of either is fatal. Reg. v. Tugwell, ante, p. 285. 3. The pro- 
 poser and seconder and the assenting burgesses are merely required to sign or 
 
=e 
 
 45 & 46 Vict. c. 50. 
 
 names. Bowden v. Besley, 21 Q.B. D. 309; 52 J. P.536. 4. But the names 
 of the proposer, seconder, and assenting burgesses as signed by them must 
 correspond to their names as entered on the burgess roll or division register. 
 Moorhouse v. Linney, ante, p. 285. 5, The numbers on the burgess roll or 
 division register of the proposer, seconder, and assenting burgesses must be 
 stated accurately. Any mistake is fatal. Gothard v. Clarke, 5 C.P. D, 253; 
 49 L. J. Q. B. 474; 42 L. T. (.8.) 776; 29 W. R. 402. 
 
 3. Each candidate must be nominated by a separate nomination paper, 
 but the same burgesses, or any of them, may subscribe as many nomina- 
 tion papers as there are vacancies to be filled, but no more. 
 
 Where there were four vacancies, and a burgess subscribed four nomination 
 papers which were delivered in time, and afterwards a fifth, which was also 
 delivered in time, it was held that the first four were valid. . Burgoyne v. 
 Collins, 51 L. J. Q. B. 335; 30 W. R. 923; 46 J. P. 390. See, however, rule 10, 
 which is apparently inconsistent with this rule. 
 
 This rule will not apply to elections of county councillors, as there can never 
 be more than one vacancy in an electoral division. See the Local Government 
 Act, section 2, ante, p. 2. ' 
 
 4, Each person nominated must be enrolled in the burgess roll or 
 entered in the separate non-resident list required by this Act to be 
 made. 
 
 As to the non-resident list, see the notes to section 49, ante, p. 240. 
 The candidate must be enrolled and entitled to be enrolled. See Wlintham 
 vy. Roxburgh, ante, p. 212. 
 
 5. The nomination paper must state the surname and other names of 
 the candidate, with his abode and description. 
 
 The initials of the christian names of the candidates are not sufficient. 
 Mather v. Brown, ante, p. 285. 
 
 But an abbreviation, such as Wm. for William, is sufficient. Henry v. 
 Armitage, 12 Q. B. D, 257; 53 L. J. Q. B, 111; 50 L. T. (N.S.) 4; 32 W. R. 
 192; 48 J. P. 424. 
 
 6. The town clerk shall provide nomination papers, and shall supply 
 any burgess with as many nomination papers as may be required, and 
 shall, at the request of any burgess, fill up a nomination paper. 
 
 This duty will, in counties, devolve upon the returning officer, See the Local 
 Government Act, section 75, sub-section (5), ante, p. 125, 
 
 7. Every nomination paper subscribed as aforesaid must be delivered 
 by the candidate, or his proposer or seconder, at the town clerk’s office, 
 seven days at least before the day of election, and before five o’clock in 
 the afternoon of the last day for delivery of nomination papers. 
 
 It is provided by the Local Government Act, section 75, sub-section (7), 
 ante, p. 126, that some place fixed by the returning officer shall, except where 
 the election is in a borough, be substituted for the town clerk’s office, but such 
 place shall, if the electoral division is the whole or part of an urban district, be 
 in that district, and in any other case shall be in the electoral division or in an 
 adjoining electoral division. 
 
 The nomination paper must be delivered to the town clerk (or returning 
 officer) by the candidate himself, or by his proposer or seconder personally, and 
 not by an agent. And the objection 1s one which is cognisable by the mayor 
 
 997 
 
 subscribe the paper ; tnerefore they may sign using initials for their christian Sched. 3. 
 
298 
 
 i | 
 
 The Mumerpal Corporations Act, 1882. 
 
 Sched. 3, (or returning officer) under rule 9, post, whose decision allowing it may be 
 
 — 
 
 questioned on a petition against the return of the successful candidate. 
 Monks v. Jackson, 1 C. P. De 683; 46 L. J. Q. B. 162; 35 L. T. (.8.) 95; 41 
 J. P. 231. 
 
 8. The town clerk shall forthwith send notice of every such nomina- 
 tion to each candidate. 
 
 This duty will, in elections of county councillors, devolve upon the returning 
 officer. See the Local Government Act, section 75, sub-section (5), ante, 
 p. 125. The meaning of the rule is not very clear. The word “forthwith ’’ 
 appears to have reference to the time of receipt of the nomination papers 
 mentioned in the last rule. If so it will be the duty of the returning officer at 
 once to send to each candidate a notice of the nomination of himself and of 
 all the other candidates. 
 
 9. The mayor shall attend at the town hall on the day next after the 
 last day for delivery of nomination papers for a sufficient time, between 
 the hours of two and four in the afternoon, and shall decide on the 
 validity of every objection made in writing to a nomination paper. 
 
 This duty will devolve upon the returning officer in elections of county 
 councillors. See the Local Government Act, section 75, sub-section (4), ante, 
 p. 125. By the same section, sub-section (7), some place fixed by the returning 
 officer shall, except where the election is in a borough, be substituted for the 
 town hall, but such place shall, if the electoral division is the whole or part of 
 an urban district, be in that district, and in any other case shall be’in the 
 electoral division or in an adjoining electoral division. By:sub-section (16) (9) 
 of the same section, ante, p..130, schools and public rooms may be used free of 
 charge for hearing objections to nomination papers. | 
 
 As the returning officer will hardly be able himself to perform the above 
 duty in every electoral division, he must in many cases entrust it to his 
 deputies, as he may under the Local Government Act, section 75, sub-section (3), 
 ante, p. 125. 
 
 As to his power to revise the decisions of his deputies, see sub-section (6) of 
 the same section, and the note to section 53 of this Act, ante, p. 242. 
 
 10..Where a person subscribes more nomination papers than one, his 
 subscription shall be inoperative in all but the one which is first 
 delivered. 
 
 See the note to rule 3, supra. 
 
 11. Each candidate may, by writing signed by him, or, if he is absent 
 from the United Kingdom, then his proposer or seconder may, by 
 writing signed by him, appoint a person (in this schedule referred to as 
 the candidate’s representative) to attend the proceedings before the 
 mayor on behalf of the candidate, and this appointment must be 
 delivered to the town clerk before five o’clock in the afternoon of the 
 last day for delivery of nomination papers. | 
 
 12. Each candidate and his representative, but no other person, except 
 
 for the purpose of assisting the mayor, shall be entitled to attend the — 
 
 proceedings before the mayor. 
 
 13. Each candidate and his representative may, during the time 
 appointed for the attendance of the mayor for the purposes of this 
 schedule, object to the nomination paper of any other candidate for the 
 borough or ward. 
 
 The time appointed is between two and four in the afternoon. See rule 9 
 supra. 
 
45 ¢ 46 Vict. c. 50. 
 
 299 
 
 14, The decision of the mayor shall be given in writing, and shall, if Sched. 3. 
 
 disallowing an objection, be final, but, if allowing an objection, shall be 
 subject to reversal on petition questioning the election or return. 
 
 The mayor (or returning officer) has no power to deal with an objection as 
 to the time of delivering the nomination papers, and if he does so his decision 
 may be questioned on petition. Howes v. Turner, 1 C. P. D. 670; 45 L. J. 
 Q. B. 550; 35 L. T. (ws.) 58; 40 J. P. 680. 
 
 The mayor may properly deal with an objection that a nomination paper has 
 not been delivered by the candidate or his proposer or seconder personally, as 
 required by rule 7, ante, p. 297. Monks v. Jackson, 1 C. P. D. 683; 46 L. J. 
 Q. B. 162; 35 L. T. (v.8.) 95; 41 J. P. 231. 
 
 Where the mayor bond fide decides an objection, he cannot be made respon- 
 dent to an election petition questioning the election on the gronnd of such 
 decision. Harmon v. Park, 6 Q. B. D. 323; 45 J. P. 436. 
 
 An objection that the nominations of four persons were bad on the ground 
 that one of the assenting burgesses had subscribed five nomination papers 
 ought not to be entertained by the mayor. Burgoyne v. Collins, 30 W. R. 
 923; 46 J. P. 390. 
 
 15. The town clerk shall, at least four days before the date’ of election, 
 cause the surnames and other names of all persons validly nominated, 
 with their respective abodes and descriptions, and the names of the 
 persons subscribing their nomination papers as proposers and seconders, 
 
 to be printed and fixed on the town hall, and, in the case of a ward 
 election, in some conspicuous place in the ward. 
 
 This duty, in elections of county councillors, will devolve upon the returning 
 officer. See the Local Government Act, section 75, sub-section (5), ante, 
 p. 125. As to the substitution of a place for the town hall, see the same Act, 
 section 75, sub-section (9), ante, p. 127. 
 
 The day of publishing the names under this rule is to be deemed the day of 
 nomination (see the Local Government Act, section 100, ante, p. 165); and 
 the period between this day and the day of election is to be such period, not 
 exceeding six days, as the returning officer may fix (ib., section 75, sub- 
 section (9), ante, p. 127). 
 
 16. The nomination of a person absent from the United Kingdom 
 shall be void, unless his written consent given within one month before 
 the day of his nomination in the presence of two witnesses is produced at 
 the time of his nomination. 
 
 As to the nomination of a person without his consent, see the Local 
 Government Act, section 75, sub-section (16) (¢), ante, p. 129. 
 
 17. Where the number of valid nominations exceeds that of the 
 vacancies, any candidate may withdraw from his candidature by notice 
 signed by him, and delivered at the town clerk’s office not later than 
 two o'clock in the afternoon of the day next after the last day for 
 delivery of nomination papers: Provided that such notice shall take 
 effect in the order in which they are delivered, and that no such notice 
 shall have effect so as to reduce the number of candidates ultimately 
 standing nominated below the number of vacancies. 
 
 18. In and for the purposes of the provisions of this Act relating to 
 proceedings preliminary to election, the burgess roll or ward roll which 
 will be in force on the day of election shall be deemed to be the burgess 
 roll or ward roll, and a person whose name is inserted in one of the 
 lists from which the burgess roll or ward roll will be made up, shall 
 
300 
 Sched. 3, 
 
 The Mumeipal Corporations Act, 1882. 
 
 be deemed to be enrolled in that roll, although that roll is not yet 
 completed. 
 
 The provisions of this Act relating to proceedings preliminary to elections 
 are contained in Part III., ante. 
 
 Burgess roll and ward roll must be read as including roll of county electors 
 and division register for the purposes of county elections, 
 
 Part III. 
 Modifications of the Ballot Act in its Application to Municipal Elections. 
 
 1. The provisions of the Ballot Act, 1872, with respect to the voting 
 of a returning officer, the use of a room for taking a poll, and the right 
 to vote of persons whose names are on the register of voters, and rules 16 
 and 19 in the schedule to that Act, shall not apply in the case of a 
 municipal election. 
 
 The provisions of the Ballot Act, 1872, as to the use of a room for taking the 
 poll are contained in section 6. By the Local Government Act, section 75, 
 sub-section (16) (y), ante, p. 130, the above provision is not to prevent the use 
 of schools and public rooms for taking the poll and hearing objections to 
 nomination papers at elections of county councillors. 
 
 The right of the returning officer to vote is given by section 58, sub- 
 section (5), ante, p. 244. 
 
 The title to vote is regulated by section 51, ante, p. 241, 
 
 2. The mayor shall, at least four days before the day of election, give 
 public notice of the situation, division, and allotment of polling places 
 for taking the poll at the election, and of the description of the persons 
 entitled tu vote thereat, and at the several polling stations. 
 
 This duty will devolve on the returning officer at elections of county 
 councillors. See the Local Government Act, section 75, sub-section (4), 
 ante, p. 125, As to this duty at the first election, see section 103 of that Act, 
 ante, p. 166. 
 
 3. The mayor shall provide everything which, in the case of a par- 
 liamentary election, is required to be provided by the returning officer 
 for the purpose of a poll, and shall appoint officers for taking the poll 
 
 and counting the votes. 
 
 This duty will devolve on the returning officer at elections of county 
 councillors. See the Local Government Act, section 75, sub-section (4), 
 ante, p. 125, 
 
 4. The mayor shall furnish every polling station with such number of 
 compartments in which the voters can mark their votes screened from 
 observation, and furnish each presiding officer with such number of 
 ballot papers as, in the judgment of the mayor, may be necessary for 
 effectually taking the poll at the election. 
 
 See the note to the preceding rule. 
 
 5, All expenses of the election shall be defrayed in manner by this 
 Act provided. 
 
 As to the expenses of the elections of county councillors, see the Local 
 Government Act, section 75, sub-sections (17) to (19), ante, p. 130. 
 
 6. No return shall be made to the Clerk of the Crown in Chancery, 
 
45 ¢ 46 Vict. c. 50. 
 
 THE EIGHTH SCHEDULE. 
 Forms. 
 Part I.—Declarations on Accepting Office. 
 Form A. 
 Form oF DECLARATION ON ACCEPTANCE OF CORPORATE OFFIOE. 
 
 I, A.B., having been elected mayor [or alderman, councillor, elective 
 auditor, or revising assessor] for the borough of , hereby declare 
 that I take the said office upon myself, and will duly and faithfully 
 fulfil the duties thereof according to the best of my judgment and ability 
 ah in the case of the person being qualified by estate say, And I hereby 
 
 eclare that I am seised or possessed of real or personal estate, or both 
 ae the case may be], to the value or amount of one thousand pounds, or 
 
 ve hundred pounds [as the case may require], over and above what will 
 satisfy my just debts]. 
 
 Form B. 
 DECLARATION BY RECORDER OR BorRouGH JUSTICE. 
 
 I, A.B., hereby declare that I will faithfully and impartially execute 
 the office of recorder [or justice of the peace] for the borough of 
 according to the best of my judgment and ability. 
 
 Form A. is the form of declaration which must be made by county coun- 
 cillors under sections 35, 41, ante. 
 Form B., does not appear to have any application to counties. 
 
 801 
 Sched. 8, 
 
Definition 
 and 
 punish- 
 ment of 
 corrupt 
 practice at 
 municipal 
 election. 
 
 302 
 
 THE MUNICIPAL ELECTIONS (CORRUPT 
 PRACTICES) ACT, 1884. 
 
 (47 & 48 VICT. Car. 70.) 
 
 An Act for the better prevention of Corrupt and I llegal Practices 
 at Mwmetpal and other Elections. 
 
 [14th August, 1884.] 
 
 Br it enacted by the Queen’s most excellent Majesty, by and 
 with the advice and consent of the Lords Spiritual and Tem- 
 poral, and Commons, in this present Parliament assembled, 
 
 and by the authority of the same, as follows (that is to say): 
 
 1, This Act may be cited as the Municipal Elections (Corrupt 
 and Illegal Practices) Act, 1884. 
 
 This Act is incorporated with the Local Government Act. See section 75 
 of that Act, ante, p. 124. It is, in so far as relates to election petitions, supple- 
 mental to Part TV. of the Municipal Corporations Act, 1882, which has been 
 already set out. 
 
 Corrupt Practices. 
 
 2. (1) The expression “corrupt practice” in this Act means 
 any of the following offences, namely, treating, undue influence, 
 bribery, and personation as defined by the enactments set 
 forth in Part One of the Third Schedule to this Act, and aiding, 
 abetting, counselling, and procuring the commission of the 
 offence of personation.(a) 
 
 (2) A person who commits any corrupt practice in reference 
 to a municipal election shall be guilty of the like offence, and 
 shall on conviction be liable to the like punishment, and subject 
 to the like incapacities, as if the corrupt practice had been 
 committed in reference to a parliamentary election.(d) 
 
 (a) See Schedule 3, Part I., post. 
 
 (0) By the Corrupt Practices Act, 1883 (46 & 47 Vict. c. 51, s. 6), corrupt 
 practices other than personation or aiding, &c., in the commission of persona- 
 tion, are declared to be misdemeanors, and any person convicted of any of 
 them is liable to be imprisoned, with or without hard labour, for a term not 
 exceeding two years, or to be fined any sum not exceeding 2007. A person 
 
 who commits the offence of personation or of aiding, &c., the commission of 
 that offence is guilty of felony, and liable on conviction to be imprisoned, 
 
: 47 & 48 Vict. c. 70. 
 
 with or without hard labour, for a period not exceeding two years. In addition 
 to these punishments, a person who is convicted on indictment of any corrupt 
 practices shall not be capable for a period of seven years from the date of his 
 conviction of being registered as an elector, or voting at any election in the 
 United Kingdom, whether it be a parliamentary election or an election for any 
 public office (see infra); or of holding any public or judicial office (see 
 infra), and if he holds any such office the office shall be vacated. Any person 
 so convicted of a corrupt practice in reference to any election shall also be 
 incapable of being elected to and of sitting in the House of Commons during 
 the seven years next after the date of his conviction, and if at that date he has 
 been elected to the House of Commons, his election shall be vacated from the 
 time of such conviction. By section 64 the expression “‘ public office ” means 
 any office under the Crown or under the charter of a city or municipal borough, 
 or under the Acts relating to municipal corporations, or to the poor law or 
 under the Elementary Education Act, 1870 (33 & 34 Vict. c. 75), or under the 
 Public Health Act, 1875 (38 & 39 Vict. c.55), or under any Acts amending 
 the above-mentioned Acts, or under any other Acts for the time being in force 
 (whether passed before or after the commencement of this Act) relating to 
 local government, whether the office is that of mayor, chairman, alderman, 
 councillor, guardian, member of a board, commission, or other local. authority 
 in any county, city, borough, union, sanitary district, or other area, or is the 
 office of clerk of the peace, town clerk, clerk, or other officer under a council, 
 board, commission, or other authority, or in any other office to which a person 
 is elected and appointed under any such charter or Act as above mentioned, 
 and includes any other municipal or parochial office; and the expressions 
 “election,” “ election petition,” “election court,” and “ register of electors,” 
 shall, where expressed to refer to an election for any such public office, be 
 construed accordingly. 
 
 The expression “ judicial office” includes the office of justice of the peace 
 and revising barrister. ; 
 
 As to the form of indictment for corrupt practices, see Reg. v. Stroulger, 17 
 @. B.D. 327; 55 L. J. M. C. 137; 55 L. T. (v.8.) 122 ; 34 W. R. 719; Reg. 
 v. Norton, 16 Cox C. C. 59. 
 
 Each act of bribery is a distinct offence, for which separate penalties are 
 incurred. Milnes v. Bale, L. R. 10 C. P. 591; 44 L. J.C. P. 336; 33 L. T. 
 (W.S.) 174 ; 23 W. R. 660 ; 39 J. P. 743. 
 
 3. (1) Where upon the trial of an election petition respecting 
 @ municipal election for a borough or ward of a borough,(a) it 
 is found by the report of an election court made in pursuance 
 of section ninety-three of the Municipal Corporations Act, 
 1882,(b) that any corrupt practice other than treating and 
 undue influence has been proved to have been committed in 
 reference to such election by or with the knowledge and con- 
 sent of any candidate at such election, or that the offence of 
 treating or undue influence has been proved to have been com- 
 mitted in reference to such election by any candidate at such 
 
 - election, that candidate shall not be capable of ever holding a 
 
 corporate office in the said borough(c) and if he has been 
 elected his election shall be void; and he shall further be 
 subject to the same incapacities as if at the date of the 
 said report he had been convicted of a corrupt practice.(d) 
 
 808 
 Sect. 2. 
 NOTE 
 
 Incapacity 
 of candi- 
 date 
 reported 
 guilty of 
 corrupt 
 practice. 
 45 & 46 
 Vict. c. 50, 
 
304 
 
 Sect. 3. 
 SuB-S. 2. 
 
 Certain 
 expendi- 
 ture to be 
 illegal 
 practice. 
 
 The Municipal Elections (Corrupt Practices) Act, 1884, 
 
 (2) Upon the trial of an election petition respecting a muni- 
 cipal election for a borough or ward of a borough in which a 
 charge is made of any corrupt practice having been committed 
 in reference to such election, the election court shall report in 
 writing to the High Court whether any of the candidates at 
 such election has been guilty by his agents of any corrupt 
 practice in reference to such election, and if the report is that 
 any candidate at such election has been guilty by his agents of 
 a corrupt practice in reference to such election, that candidate 
 shall not be capable of being elected to or holding any cor- 
 porate office in the said borough,(c) during a period of three 
 years from the date of the report, and if he has been elected, 
 his election shall be void. 
 
 (a) This will now include an election of a county councillor. 
 
 (b) See this section, ante, p. 260. 
 (c) This will apply so as to disqualify a candidate to be elected as county 
 
 councillor for his county. 
 (d) For these incapacities see the note to the last section. 
 
 Illegal Practices. 
 
 4, (1) No payment or contract for payment shall, for the 
 purpose of promoting or procuring the election of a candidate 
 at a municipal election, be made— 
 
 (2) On account of the conveyance of electors to or from the 
 poll, whether for the hiring of horses or carriages, or 
 for railway fares, or otherwise ; or 
 
 (b) To an elector, on account of the use of any house, land, 
 building, or premises for the exhibition of any address, 
 bill, or notice, or on account of the exhibition of any 
 address, bill, or notice; or 
 
 (c) On account of any committee room in excess of the 
 number allowed by this Act (that is to say), if the 
 election is for a borough, one committee room for the 
 borough, and if the election is for a ward, one com- 
 mittee room for the ward, and if the number of 
 electors in such borough or ward exceeds two thou- 
 sand, one additional committee room for every two 
 thousand electors and incomplete part of two thou- 
 sand electors over and above the said two thou- 
 sand.(a) 
 
47 ¢ 48 Vict. c. 70. 305 
 
 (2) Subject to such exception as may be allowed in pursuance Sect, 4 
 of this Act,(d) if any payment or contract for payment is © = 
 knowingly made in contravention of this section either before, 
 during, or after a municipal election, the person making such 
 payment or contract shall be guilty of an illegal practice, and 
 any person(c) receiving such payment or being a party to any 
 such contract, knowing the same to be in contravention of this 
 Act, shall also be guilty of an illegal practice. 
 
 (3) Provided that where it is the ordinary business of an 
 elector as an advertising agent to exhibit for payment bills 
 and advertisements, a payment to or contract ‘with such 
 elector, if made in the ordinary course of business, shall not 
 be deemed to be an illegal practice within the meaning of this 
 section. 
 
 (2) This provision will apply to an election of a county councillor as if the 
 division in which the election takes place were the ward of a borough. 
 
 (b) See sections 19—21, post. 
 
 (c) The word person is here presumed to mean e/ector in cases falling 
 within sub-section (1) (0), as it does not appear to be illegal to make payments 
 such as those mentioned in that clause toa person other than an elector. And 
 see sub-section (3). 
 
 5, (1) Subject to such exception as may be allowed in Expensein 
 pursuance of this Act,(a) no sum shall be paid and no expense on 
 shall be incurred by or on behalf of a candidate at an election, to be 
 whether before, during, or after an election, on account of or cea 
 in respect of the conduct or management of such election, save S 
 that in the case of an election of a councillor a sum may be 
 paid and expense incurred not in excess of the maximum 
 amount following; (that is to say,) 
 
 The sum of twenty-five pounds, and, if the number of 
 electors in the borough or ward exceeds five hundred, an 
 additional amount of threepence for each elector above the 
 first five hundred electors.(d) 
 
 (2) Any candidate or agent of a candidate or person who 
 knowingly acts in contravention of this section shall be guilty 
 of an illegal practice. 
 
 _ (8) Where there are two or more joint candidates at an 
 
 election the maximum amount of expenses shall, for each of 
 
 such joint candidates, be reduced by one-fourth, or if there are 
 
 more than two joint candidates by one-third.(c) 
 
 (4) Where two or more candidates at the election, by 
 themselves or any agent or agents, hire or use the same com- 
 
 re 
 
806 
 Sect. 5. 
 Sus-S. 4 
 
 Voting by 
 prohibited 
 persons 
 and pub- 
 lishing of 
 false state- 
 ments of 
 
 Lhe Municipal Elections (Corrupt Practices) Act, 1884. 
 
 mittee rooms for such election, or employ or use the services of 
 the same clerks, messengers, or polling agent at such election, 
 or publish a joint address or joint circular or notice at such 
 election, those candidates shall be deemed, for the purposes 
 of this enactment, to be joint candidates at such election: 
 Provided that— 
 
 (a) The employment and use of the same committee room, 
 clerk, messenger, or polling agent, if accidental or 
 casual, or of a trivial and unimportant character, 
 shall not be deemed of itself to constitute persons 
 joint candidates : 
 
 (5) Nothing in this enactment shall prevent candidates from 
 ceasing to be joint candidates : 
 
 (c) Where any excess of expenses above the maximum 
 allowed for one of two or more joint candidates has 
 arisen owing to his having ceased to be a joint candi- 
 date, or to his having become a joint candidate after 
 having begun to conduct his election as a separate 
 candidate, and such ceasing or beginning was in good 
 faith, and such excess is not more than under the 
 circumstances is reasonable, and the total expenses 
 of such candidate do not exceed the maximum 
 amount allowed for a separate candidate, such excess 
 shall be deemed to have arisen from a reasonable 
 cause within the meaning of the enactments respecting 
 the allowance by the High Court or election court of 
 an exception from the provisions of this Act, which 
 would otherwise make an act an illegal practice, 
 and the candidate may be relieved accordingly from 
 the consequences of having incurred such excess of 
 expenses. (d) 
 
 (a) See sections 19—21, post. 
 
 (2) This will apply to an election .of a county councillor, as if the word 
 ward meant an electoral division. 
 
 (c) As only one county councillor is to be elected for each division, the provi- 
 
 sions of this section as to joint candidates are inapplicable to elections of 
 county councillors. . 
 
 (d) See sections 19—21, post. 
 
 6. (1) If any person votes or induces or procures any 
 person to vote at a municipal election, knowing that he or 
 such person is prohibited, whether by this or any other Act, 
 from voting at such election, he shall be guilty of an illegal 
 practice. (a) 
 
47 & 48 Vict. c. 70. 307 
 
 (2) Any person who before or during a municipal election pect, 6 
 knowingly publishes a false statement of the withdrawal of a We 
 candidate at such election for the purpose of promoting or pro- peace to 
 curing the election of another candidate shall be guilty of an be illegal. 
 illegal practice. 
 
 (3) Provided that a candidate shall not be liable, nor shall 
 his election be avoided, for any illegal practice under this 
 section committed without his knowledge and consent.(d) 
 
 (a) Asto persons prohibited from voting by this Act, see sections 22, 23, and 
 Schedule 3, Part IT., post. 
 
 (b) But guere whether the election would not be avoided by the commission 
 of such an offence by an agent. See section 8 (2), post. 
 
 7. A person guilty of an illegal practice in reference to a Punish- 
 municipal election,(a) shall on summary conviction be liable to Pan OP 
 a fine not exceeding one hundred pounds, and be incapable of illegal 
 during a period of five years from the date of his conviction of P™°4°* 
 being registered as an elector or voting at any election 
 (whether it be a parliamentary election or an election for a 
 public office(b) within the meaning of this Act) held for or 
 within the borough(c) in which the illegal practice has been 
 committed. 3 | 
 
 (a) This will include an election of a county councillor. 
 
 (>) As to what is a public office, see section 34, post, and the notes to 
 section 2, ante. 
 
 (¢) This word includes county in the application of the section to elections 
 of county councillors. 
 
 8, (1) An illegal practice within the meaning of this Act peace 
 Shall be deemed to be an offence against Part Four of the dates re- 
 Municipal Corporations Act, 1882,(a) and a petition alleging we : 
 such illegal practice may be presented and tried accordingly. Flegel- 
 
 (2) Upon the trial of an election petition respecting a muni- pasion 
 cipal election for a borough or ward of a borough(b) in which a Vict, ¢, 50, 
 charge is made of any illegal practice having been committed 
 in reference to such election, the election court(c) shall report 
 in writing to the High Court whether any of the candidates at 
 such election has been guilty by himself or his agents of an 
 illegal practice in reference to such election, and if the report 
 is that a candidate at such election has been guilty by himself 
 or his agents of an illegal practice in reference to such election, 
 the candidate shall not be capable of being elected to or of 
 holding any corporate office in the said borough(d) during the 
 
 x 2 
 
308 The Municipal Elections (Corrupt Practices) Act, 1884, 
 
 Sect. 8. period for which he was elected to serve, or for which if 
 
 sete " elected he might have served, and if he was elected, his election 
 shall be void; and, if the report is that such candidate has 
 himself been guilty of such illegal practice, he shall also be 
 “subject to the same incapacities as if at the date of the report 
 he had been convicted of such illegal practice.(e) 
 
 (a) See this part, ante, p. 254. 
 
 (+) This includes an election for an electoral division of a county. 
 
 (c) As to the election court, see section 92 of the Municipal Corporations 
 Act, 1882, ante, p. 259. 
 
 (d) See section 3, note (¢), ante, p. 304. 
 
 (¢) See section 7, ante. 
 
 Illegal Payment, Employment, and Hiring. 
 
 Providing 9, Where a person knowingly provides money for any 
 or neney, payment which is contrary to the provisions of this Act, or for 
 practice or ANY expenses incurred in excess of any maximum amount 
 ethan allowed by this Act,(a) or for replacing any money expended in 
 illegal any such payment, except where the same may have been 
 payment, previously allowed in pursuance of this Act to be an excep- 
 tion,(d) such person shall be guilty of illegal payment.(c) 
 (a) See section 5, ante, p. 305. 
 (0) See sections 19—21, post. 
 (¢) Money paid for the employment of persons to keep order at meetings is 
 an illegal employment. Packard v. Collings, 54 L. T. (N.8.) 619. 
 
 Gratuitous refreshments to workers renders their employment illegal within 
 the meaning of this section. Barrow Election Petition, Ib. 618. 
 
 Employ- 10. (1) A person shall not let, lend, or employ for the pur- 
 wine pose of the conveyance of electors to or from the poll at a 
 carriages, municipal election,(a) any public stage or hackney carriage, or 
 Or ge any horse or other animal kept or used for drawing the same, 
 carriages : : ; 
 and horses OF any carriage, horse, or other animal which he keeps or uses 
 kept for for the purpose of letting out for hire, and if he lets, lends, or 
 hire. . “ : 3 
 employs such carriage, horse, or other animal, knowing that it 
 is intended to be used for the purpose of the conveyance of 
 
 electors to or from the poll, he shall be guilty of illegal hiring. 
 
 (2) A person shall not hire, borrow, or use for the purpose 
 of the conveyance of electors to or from the poll any carriage, 
 horse, or other animal which he knows the owner thereof is 
 prohibited by this section to let, lend, or employ for that pur- 
 pose, and if he does so he shall be guilty of illegal hiring. 
 
47 € 48 Vict. c. 70. 309 
 
 (3) Nothing in this Act shall prevent a carriage, horse, or Sect. 10. 
 other animal being let to or hired, employed, or used by an pie sh 
 elector, or several electors at their joint cost, for the purpose 
 of conveying him or them to or from the poll. 
 
 (4) No person shall be liable to pay any duty or to take out 
 a license for any carriage by reason only of such carriage being 
 used without payment or promise of payment for the convey- 
 ance of electors to or from the poll at an election. 
 
 (a) This includes the election of a county councillor. 
 
 1]. Any person who corruptly induces or procures any other Corrupt 
 person to withdraw from being a candidate at a municipal juwal 
 election,(a) in consideration of any payment or promise of froma 
 payment, shall be guilty of illegal payment, and any person ee 
 withdrawing in pursuance of such inducement or procurement 
 
 shall also be guilty of illegal payment. 
 
 (a) This includes an election of a county councillor. 
 
 12. (1) No payment or contract for payment shall, for the Certain 
 purpose of promoting or procuring the election of a candidate rid ge 
 at a municipal election,(a) be made on account of bands of illegal 
 music, torches, flags, banners, cockades, ribbons, or other Payment. 
 marks of distinction. 
 
 (2) Subject to such exception as may be allowed in pur- 
 suance of this Act, if any payment or contract for payment is 
 made in contravention of this section, either before, during, or 
 after an election, the person making such payment shall be 
 guilty of illegal payment, and any person being a party to any 
 such contract, or receiving such payment, shall also be guilty 
 of illegal payment if he knew that the same was made contrary 
 to law. 
 
 (a) This includes an election of a county councillor. 
 
 18. (1) No person shall, for the purpose of promoting or Certain 
 procuring the election of a candidate at a municipal elec- em re 
 tion,(a) be engaged or employed for payment or promise of illegal. 
 payment for any purpose or in any capacity whatever, except 
 as follows (that is to say),— 
 
 (vz) A number of persons may be employed, not exceeding 
 
 two for a borough or ward,(’) and if the number of 
 
310 
 
 Sect. 13. 
 SUB-S.1 a, 
 
 Name and 
 address of 
 printer on 
 placards, 
 
 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 electors in such borough or ward exceeds two thou- 
 sand one additional person may be employed for every 
 thousand electors and incomplete part of a thousand 
 electors over and above the said two thousand, and 
 such persons may be employed as clerks and mes- 
 , Sengers, or in either capacity; and 
 (6) One polling agent. may be employed in each polling 
 station : 
 Provided that this section shall not apply to any engage- 
 ment or employment for carrying into effect a contract bond 
 fide made with any person in the ordinary course of business. (c) 
 
 (2) Subject to such exceptions as may be allowed in pur- 
 suance of this Act, if any person is engaged or employed in 
 contravention of this section, either before, during, or after an 
 election, the person engaging or employing him shall be guilty 
 of illegal employment, and the person so engaged or employed 
 shall also be guilty of illegal employment if he knew that he 
 was engaged or employed in contravention of this Act. 
 
 (3) A person legally employed for payment under this section 
 may or may not be an elector, but may not vote. 
 
 (a) This includes an election of a county councillor. 
 
 (0) In applying this section to the election of a county councillor, “ electoral 
 division’ must be substituted for “ ward.” 
 
 (¢) This appears to be intended to meet the case of a person who contracts 
 for the purposes of the election, e.g., for printing. The employés of such 
 persons are not to be deemed to be employed within the meaning of this 
 section. 
 
 14, Every bill, placard, or poster having reference to a 
 municipal election(a) shall bear upon the face thereof the name 
 and address of the printer and publisher thereof; and any 
 person printing, publishing, or posting, or causing to be printed, 
 published, or posted, any such bill, placard, or poster as afore- 
 said, which fails to bear upon the face thereof the name and 
 address of the printer and publisher, shall, if he is a candidate, 
 be guilty of an illegal practice,(b) and if he is not the candi- 
 date, shall be liable on summary conviction to a fine not 
 exceeding one hundred pounds.(c) 
 
 (a) This includes an election of a county councillor, 
 
 (4) As to the punishment of an illegal practice, see section 7, ante, p. 307. 
 
 (c) The appellant was a candidate for a seat in a local board. The re- 
 spondent received from his own servant at his residence a printed address and 
 letter having reference to the election, and purporting to be signed by the 
 
47 ¢ 48 Vict. c. 70. 311 
 
 appellant, but having no printer’s name thereon. This document was printed Sect. 14. 
 for publication by instructions conveyed to the printer in a letter from the NOTE 
 appellant’s brother, who resided with him. The printer debited the appellant =—— 
 with the cost of printing, but was not paid. It was held on these facts that 
 
 there was no evidence that the appellant had “ printed or caused to be printed ” 
 
 the document in question. Placards or posters, also without the printer’s name 
 
 and address, printed by the instructions of one E., who was advertised in a 
 
 local newspaper as chairman of a committee for promoting the election of the 
 appellant, and who sent the copy to the printer, were proved to have been 
 
 posted about the district at H.’s expense. The court doubted whether this was 
 
 evidence of the printing and posting by an agent of the appellant; but the 
 
 justices having convicted the appellant in one penalty for both offences, and 
 
 the conviction being bad as to the first—WHeld, that it was bad altogether. 
 Bettesworth v. Allingham, 16 Q. B. D. 44; 34 W. R. 296; 50 J. P. 55, It 
 
 should be observed, with reference to this case, that the court seemed to assume 
 
 that an election address was a bill, &c., within the meaning of this section. 
 
 Notice, also, that if the address is published by a person other than the printer, 
 
 his name and address, as well as those of the printer, must be stated. 
 
 15. The provisions of this Act prohibiting certain payments Saving for 
 and contracts for payments, and the payment of any sum, and saat 
 the incurring of any expense, in excess of a certain maximum, 
 shall not affect the right of any creditor who, when the con- 
 tract was made or the expense was incurred, was ignorant of 
 the same being in contravention of this Act. 
 
 See sections 9—13, ante. 
 
 In the case of an expense incurred in contravention of the Act, the illegality 
 of the expense will be no defence to an action by a creditor who, when the 
 expense was incurred, was ignorant of its being in contravention of the Act. 
 This provision is necessary for the protection of creditors who have no means 
 of knowing what other expenses have been incurred by a candidate. 
 
 16. (1) (a) Any premises which are licensed for the sale of Use of 
 any intoxicating liquor for consumption on or off the premises, See 
 or on which refreshment of any kind (whether food or drink) is for com- 
 ordinarily sold for consumption on the premises; or ene 
 
 (b) Any premises where any intoxicating liquor is supplied meetings 
 to members of a club, society, or association, or any part of illegal 
 any such premises ; hiring. 
 shall not, for the purpose of promoting or procuring the 
 election of a candidate at a municipal election,(a) be used 
 either as a committee room or for holding a meeting, and if 
 any person hires or uses any such premises or any part thereof 
 in contravention of this section he shall be guilty of illegal 
 hiring, and the person letting or permitting the use of such 
 premises or part thereof, if he knew it was intended to use the 
 same in contravention of this section, shall also be guilty of 
 
 illegal hiring. 
 
312 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 Sect.16. (2) Provided that nothing in this section shall apply to any 
 
 SUBS. 2. part of such premises which is originally let for the purpose of 
 chambers or offices or the holding of public meetings or of 
 arbitrations, if such part has a separate entrance and no direct 
 communication with any part of the premises on which 
 any intoxicating liquor or refreshment is sold or supplied as 
 aforesaid. 
 
 (a) This includes an election of a county councillor. 
 
 Punish- 17. (1) A person guilty of an offence of illegal payment, 
 ment of employment, or hiring shall, on summary conviction, be liable 
 illegal : 
 
 payment, #0 # fine not exceeding one hundred pounds. 
 
 oe z (2) Where an offence of illegal payment, employment, or 
 hiring, hiring is committed by a candidate, or with his knowledge 
 and consent, such candidate shall be guilty of an illegal 
 
 practice.(q) 
 
 (2) The offence will, therefore, be punishable under section 7, ante, p. 307. 
 
 Avoidance 18, Where upon the trial of an election petition respecting 
 
 ara a municipal election for a borough or ward of a borough(a) it 
 
 sive illegal is found by the election court that illegal practices or offences 
 
 practices, of illegal payment, employment, or hiring, committed in refer- 
 
 &e. ; : ‘ 
 ence to such election for the purpose of promoting the election 
 of a candidate at that election, have so extensively prevailed 
 that they may be reasonably supposed to have affected the result 
 of that election, the election court shall report such. finding to 
 the High Court, and the election of such candidate, if he has 
 been elected, shall be void, and he shall not, during the period 
 for which he was elected to serve, or for which if elected he 
 might have served, be capable of being elected to or holding 
 any corporate office in the said borough.(d) 
 
 (2) This includes an election of a county councillor for an electoral division 
 of a county. 
 
 (6) This phrase includes the office of county councillor in the said county. 
 
 Excuse and Exception for Corrupt or Illegal Practice or Illegal 
 Payment, Employment, or Hiring. 
 Report ex- 19, Where upon the trial of an election petition respecting 
 ones & municipal election,(a) the election court(b) reports that a 
 candidate ‘ i : ‘ 
 incertain candidate at such election has been guilty by hig agents of the 
 cases of offence of treating and undue influence, and illegal practice, 
 
ah 
 
 AT & 48 Vict. c. 70. 313 
 
 or of any of such offences,(c) in reference to such election, and Sect. 19. 
 the election court further report that the candidate has proved meat 
 to the court— and illegal 
 (a) That no corrupt or illegal practice was committed at ed by 
 such election by the candidate or with his knowledge 
 or consent, and the offences mentioned in the said 
 report were committed without the sanction or con- 
 nivance of such candidate; and 
 (5) That all reasonable means for preventing the commission 
 of corrupt and illegal practices at such election were 
 taken by and on behalf of the candidate; and 
 (c) That the offences mentioned in the said report were of a 
 trivial, unimportant, and limited character; and 
 (d) That in all other respects the election was free from any 
 corrupt or illegal practice on the part of such candi- 
 date and of his agents ; 
 then the election of such candidate shall not, by reason of the 
 offences mentioned in such report, be void, nor shall the candi- 
 date be subject to any incapacity under this Act. 
 
 (a) This includes the election of a county councillor. 
 
 (0) As to the election court, see section 92 of the Municipal Corporations 
 Act, 1882, ante, p. 259. 
 
 (¢) Observe that this does not include corrupt practices. 
 
 20. Where, on application made, it is shown to the High co of 
 Court or to a municipal election court,(a) by such evidence as coer and 
 seems to the court sufficient— election 
 
 (a) That any act or omission of a candidate at a municipal ce 
 election for a borough or ward of a borough,() or of innocent 
 any agent or other person, would, by reason of being naa 
 in contravention of any of the provisions of this Act, illegal 
 be but for this section an illegal practice, payment, Bering? 
 employment, or hiring ;(c) and 
 
 (0) That such act or omission arose from inadvertence or 
 from accidental miscalculation or from some other 
 reasonable cause of a like nature, and in any case did 
 
 noi arise from any want of good faith; and 
 (c) That such notice of the application has been given in the 
 said borough as to the court seems fit ; 
 and under the circumstances it seems to the court to be just 
 that the said candidate, agent, and person, or any of them, 
 should not be subject to any of the consequences under this 
 
314 
 
 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 Sect. 20. Act of the said act or omission, the court may make an 
 
 Sending 
 in claims 
 and mak- 
 ing pay- 
 ments for 
 election 
 expenses, 
 
 order allowing such act or omission to be an exception from 
 the provisions of this Act which would otherwise make the 
 same an illegal practice, payment, employment, or hiring, and 
 thereupon such candidate, agent, or person shall not be subject 
 to any of the consequences under this Act of the said act or 
 omission.(d) 
 
 (a) As to this court, see section 92 of the Municipal Corporations Act, 
 1882, ante, p. 259. 
 
 (0) This will apply to a candidate at an election of county councillors. 
 
 (c) Observe that corrupt practices are not mentioned here. 
 
 (d) In order to support an application under this section, it will not be 
 sufficient that notice of intention to make the application has been advertised 
 in the local papers, but such notice should be published in such a manner as 
 will ensure a reasonable certainty that persons interested had notice; and it 
 will also be insufficient, in the affidavits upon which the application is made, 
 merely to state that the act in respect of which relief is sought arose from 
 inadvertence, and not from any want of good faith, without showing some 
 reasonable excuse for such inadvertence. Mx parte Perry, 48 J.P. 824. For 
 a case where an order was granted in respect of an omission to issue placards 
 without the printer’s name, see Ha parte Clark, 52 L. T. QS.) 260. For 
 another case where a room had been used in a club contrary to section 16, see 
 Ha parte Terry, 'Times Reports, vol. i. p. 183. 
 
 For a case where a candidate was allowed to make payments after the 
 expiration of the proper time, see South Shropshire Election, Times Reports, 
 vol. ii. p. 347; Lpswich Election Petition, Times Reports, vol. iii. p. 397. For 
 a case where a candidate was allowed to make the return and declaration 
 prescribed by the next section after the prescribed time, see Ha parte Robson, 
 
 ost. 
 = Where a person voted and afterwards accepted payment for services rendered 
 as an agent the court refused to relieve him from the consequences. Re Hssex 
 (South West Division) Election, Times Reports, vol. ii. p. 388. 
 
 In Ex parte Matthews, Times Reports, vol. ii. p. 548, the court granted 
 relief to a candidate who had acted as his own agent and had through 
 ignorance omitted to make a return of his expenses, but the court intimated 
 that in future candidates must make themselves better acquainted with the 
 law. 
 
 Where a person had obtained a certificate of indemnity for a late return of 
 his expenses, and subsequently on the same day (but after the order had been 
 drawn up) a voter appeared to oppose the granting of such certificate, it was 
 held that the application of the voter must be dismissed in the absence of any 
 sufficient explanation of his delay. Wigan Llection, Times Reports, vol. ii. 
 
 . 159. 
 3 If the application is made by a person against whom a petition is pending, 
 the court will order the application to stand over till after the trial of the 
 petition. Ha parte Wilks, 15 Q. B. D. 114; 55 L. J. Q. B. 576; 34 W. RB. 
 273; 50 J. P. 487. 
 
 91, (1) Every claim against any person in respect of any 
 expenses incurred by or on behalf of a candidate at an election 
 of a councillor(a) on account of or in respect of the conduct or 
 management of such election shall be sent in within fourteen 
 days after the day of election,(d) and if not so sent in shall be 
 barred and not paid, and all expenses incurred as aforesaid 
 
 ay, 
 
47 ¢ 48 Vict. c. 70. 
 
 315 
 
 shall be paid within twenty-one days after the day of election, Sect. 21. 
 and not otherwise, and any person who makes a payment in SU8-S-)- 
 
 contravention of this section, except where such payment is 
 allowed as provided by this section, shall be guilty of an illegal 
 practice,(c) but if such payment was made without the sanction 
 or connivance of the candidate, the election of such candidate 
 shall not be void, nor shall he be subject to any incapacity 
 under this Act by reason only of such payment having been 
 made in contravention of this section. 
 
 (2) Every agent of a candidate at an election of a councillor 
 shall, within twenty-three days after the day of election, make 
 a return to the candidate in writing of all expenses incurred 
 by such agent on account of or in respect of the conduct or 
 management of such election, and if he fails so to do shall 
 be liable, on summary conviction, to a fine not exceéding fifty 
 pounds. 
 
 (8) Within twenty-eight days after the day of election of a 
 councillor(d) every candidate at such election shall send to the 
 town clerk(e) a return of all expenses incurred by such candi- 
 date or his agents on account of or in respect of the conduct 
 or management of such election, vouched (except in the case 
 of sums under twenty shillings) by bills stating the particulars 
 and receipts, and accompanied by a declaration by the candi- 
 date made before a justice in the form set forth in the Fourth 
 Schedule to this Act, or to the like effect.(e) 
 
 (4) After the expiration of the time for making such return 
 and declaration the candidate, if elected, shall not, until he 
 has made the return and declaration (in this Act referred to as 
 the return and declaration respecting election expenses) or 
 until the date of the allowance of such authorised excuse, as 
 is mentioned in this Act, sit or vote in the council, and if he 
 does so shall forfeit fifty pounds for every day on which he so 
 sits or votes to any person who sues for the same.(/) 
 
 (5) If the candidate without such authorised excuse as is 
 mentioned in this Act fails to make the said return and 
 declaration he shall be guilty of an illegal practice,(c) and if he 
 knowingly makes the said declaration falsely he shall be guilty 
 of an offence, and on conviction thereof on indictment shall be 
 liable to the punishment for wilful and corrupt perjury, and 
 such offence shall also be deemed to be a corrupt practice 
 within the meaning of this Act.(¢) 
 
316 
 
 Lhe Municipal Elections (Corrupt Practices) Act, 1884. 
 
 Duly al: (6) The county court for the district in which the election 
 
 was held, or the High Court, or an election court, may, on 
 application either of the candidate or a creditor, allow any 
 claim to be sent in and any expense to be paid after the time 
 limited by this section, and a return of any sum so paid shall 
 forthwith after payment be sent to the town clerk. 
 
 (7) If the candidate applies to the High Court or an election 
 court, and shows that the failure to make the said return and 
 declaration, or either of them, or any error or false statement 
 therein, has arisen by reason of his illness or absence, or of the 
 absence, death, illness, or misconduct of any agent, clerk, or 
 officer, or by reason of inadvertence, or of any reasonable cause 
 of a like nature, and not by reason of any want of good faith 
 on the part of the applicant, the court may, after such notice 
 of the application and on production of such evidence of the 
 grounds stated in the application, and of the good faith of the 
 applicant, and otherwise as to the court seems fit, make such 
 order for allowing the authorised excuse for the failure to make 
 such return and declaration, or for an error or false statement 
 in such return or declaration, as to the court seems fit.(h) 
 
 (8) The order may make the allowance conditional upon 
 compliance with such terms as to the court seems calculated 
 for carrying into effect the objects of this Act, and the order 
 shall relieve the applicant from any liability or consequences 
 under this Act in respect of the matters excused by the order. 
 
 (9) The date of the order, or if conditions and terms are to be 
 complied with, the date at which the applicant fully complies 
 with them, is referred to in this Act as the date of the allow- 
 ance of the excuse. 
 
 (10) The return and declaration sent in pursuance of this 
 Act to the town clerk() shall be kept at his office, and shall at 
 all reasonable times during the twelve months next after they 
 are received by him be open to inspection by any person on 
 payment of the fee of one shilling, and the town clerk shall on 
 demand furnish copies thereof or of any part thereof at the 
 price of twopence for every seventy-two words. 
 
 (11) After the expiration of the said twelve months the town 
 clerk(?) may cause the return and declaration to be destroyed, 
 or if the candidate so require shall return the same to him. 
 
 (2) This will include the election of a county councillor, 
 
 (>) Money paid by an agent of a candidate for the employment of persons 
 to keep order at meetings is within this provision. Packard y, Collings, 54 
 L. T. (N.8.) 619. 
 
47 & 48 Vict. c. 70. 317 
 
 (c) And therefore punishable under section 7, ante. Sect. 21. 
 
 (d) In elections of county councillors this return must be sent to the clerk NOTE, 
 of the county council. See the Local Government Act, section 75, sub-section —— 
 (5), ante, p. 125. 
 
 (e) This return and declaration must be made, although no expenses have 
 actually been incurred by the candidate. But the Court will, on satisfactory 
 proof that the omission happened under such circumstances as to amount to an 
 authorised excuse under the Act, make an order that the return and declaration 
 be made notwithstanding the lapse of the prescribed period for making them. 
 He parte Robson, 18 Q. B. D. 336; 55 L. T. (W.8.) 813 ; 35 W. R. 290; 51 
 oJ, b. 199. 
 
 (7) Observe that any person may sue. The Crown cannot remit the 
 penalties. See Zodd v. Robinson, 12 Q. B. D. 5380; 53 L. J. Q. B. 251; 50 
 L, T. (W.8.) 298; 32 W. R. 858; 48 J. P. 692. 
 
 (g) See section 2, ante. 
 
 (i) See the cases cited in the notes to the last section; also Ha parte 
 Robson, supra. Where a claim was disputed and afterwards decided against 
 the candidate, leave was given to payit in. Re Lowestoft Election, Times 
 Reports, vol. iv. p. 38. 
 
 (2) Notice of application to the court must be given to the other candidates, 
 to the returning officer, and to the public by advertisements. “Re Ludlow 
 Election, 54 L. T. (N.S.) 129; 34 W. R. 352. 
 
 An application for leave to pay the hire of a brougham used without 
 authority by the clerk of a candidate was refused in Re Chelsea Hlection, 
 Times Reports, vol. ii. p. 374. 
 
 Disqualification of Electors. 
 
 22, livery person guilty of a corrupt or illegal practice or of Prohibi- 
 illegal employment, payment, or hiring at a municipal election seater 
 is prohibited from voting at such election, and if any such guilty of, 
 person votes his vote shall be void, and shall be struck off on a pa 
 serutiny. voting. 
 
 This will apply to elections of county councillors. 
 
 23. So much of sections thirty-seven and thirty-eight of the Applica- 
 Corrupt and Illegal Practices Prevention Act, 1883, as is get ton of ss. 
 
 : 37 and 38 
 forth in Part II. of the Third Schedule of this Act shall apply of 46 & 47 
 as part of this Act. Vict, ¢, 51, 
 
 See the schedule, post. 
 
 24, (1) The town clerk in every municipal borough(a) shall List in 
 
 annually in July make out a list containing the names and ee 
 description of all persons who, though otherwise qualified to be persons 
 
 enrolled as burgesses of such borough, have under this Act, or ran Fe 
 under the Corrupt and Illegal Practices Prevention Act, 1883, vote 
 or under any other Act for the time being in force relating to eae or 
 a parliamentary election, or an election to any public office, ractiear 
 become after the commencement of this Act, by reason of 
 
 conviction of a corrupt or illegal practice, or of the report of 
 
818 
 Sect. 
 
 SUB-S 
 
 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 4. any election court or election commissioners, incapable of 
 ‘* yoting at a municipal election in such borough or any ward 
 
 thereof, and the town clerk shall state in the list (in this Act 
 yeferred to as the corrupt and illegal practices list) the offence 
 of which each person has been found guilty.(d) 
 
 (2) For the purpose of making out such list he shall examine 
 the report of any election court or election commissioners who 
 have respectively tried an election petition or inquired into an 
 election where the election (whether a parliamentary election 
 or an election to any public office)(c) was held in the said 
 borough or in the county in which such borough is situate. 
 
 (3) The town clerk of any municipal borough(a) shall, not less 
 than fourteen days before the first day appointed by law for the 
 publication of the parish burgess lists in such borough,(d) send 
 the corrupt and illegal practices list to the overseers of every 
 parish wholly or partly within the borough, and the overseers 
 shall publish that list together with the parish burgess lists, 
 and shall also, in the case of every person in the corrupt and 
 illegal practices list, omit his name from the list of persons 
 entitled to be enrolled as burgesses or to be elected councillors, 
 or, as circumstances require, add ‘‘ objected” before his name 
 in the list of claimants published by them, in like manner as is 
 required by law in any other cases of disqualification. 
 
 (4) Any person named in the corrupt and illegal practices 
 list may claim to have his name omitted therefrom, and any 
 person entitled to object to any parish burgess list may object 
 to the omission of the name of any person from such first- 
 mentioned list. Such claims and objections shall be sent in 
 within the same time and be dealt with in like manner, and 
 any such objection shall be served on the person referred to 
 therein in like manner, as nearly as circumstances admit, as 
 other claims and objections under the enactments relating to 
 the enrolment of burgesses. 
 
 (5) The revising authority(e) shall determine such claims 
 and objections, and shall revise such list in like manner, as 
 nearly as circumstances admit, as in the case of other claims 
 and objections and of any parish burgess list and list of persons 
 entitled to be elected councillors. 
 
 (6) Where it appears to the revising authority(e) that a person 
 not named in the list is subject to have his name inserted in 
 the corrupt and illegal practices list, he shall (whether an 
 
47 ¢ 48 Vict. c. 70. 819 
 
 objection to the omission of such name from the list has or has Sect, 24. 
 not been made, but) after giving such person an opportunity of d 
 making a statement to show cause to the contrary, insert his 
 
 name in that list and expunge his name from any list of 
 burgesses or of persons entitled to be elected councillors. 
 
 (7) A revising authority(e) in acting under this section shall 
 determine only whether a person is incapacitated by conviction 
 or by the report of any election court or election commissioners, 
 and shall not determine whether a person has or has not been 
 guilty of any corrupt or illegal practice. 
 
 (8) The corrupt and illegal practices list shall be appended 
 to the burgess roll,(f) and shall be printed and published 
 therewith wherever the same is printed or’published. 
 
 (9) Any town clerk or overseer who fails to comply. with the 
 provisions of this section shall be liable to the like’fine as he is 
 liable to under section seventy-five of the Municipal Corpora- 45 & 46 
 tions Act, 1882, for any neglect or refusal in relation to a parish Vict. c. 50. 
 burgess list as therein mentioned.(q) 
 
 (a) In counties this duty will devolve on the clerk of the county council. 
 
 (b) The terms used in this section must be modified to make them applicable 
 to elections of county councillors. Thus county electors must be substituted 
 for burgesses, electoral division for ward, &c. 
 
 (c) See the note to section 2, ante. 
 
 (d) The day here referred to is the Ist of August. The term parish burgess 
 lists will include lists of county electors. See note (d) supra, 
 
 (e) That is, the revising barrister. See the County Electors Act, 1888, 
 51 Vict. c. 10,8, 4. 
 
 (f/) Theterm burgess roll includes roll of county electors. 
 (g) See the section here referred to, ante. 
 
 Proceedings on Election Petitions. 
 
 95, (1) A municipal election petition(a) complaining of the Petition 
 election on the ground of an illegal practice may be presented ee 
 at any time before the expiration of fourteen days after the 
 day on which the town clerk receives the return and declara- 
 tion respecting election expenses by the candidate to whose 
 election the petition relates, or where there is an authorised 
 excuse for failing to make the return and declaration then 
 within the like time after the date of the allowance of the 
 excuse.(b) 
 
 (2) Amunicipal election petition, complaining of the election Time for 
 on the ground of an illegal practice, and specifically alleging a Pca” 
 payment of money or other act made or done since the election petition 
 by the candidate elected at such election, or by an agent of the alleging 
 
320 
 Sect. ee 
 
 The Mumeipal Elections (Corrupt Practices) Act, 1884. 
 
 candidate, or with the privity of the candidate, in pursuance 
 
 >. or in furtherance of such illegal practice, may be presented at — 
 
 illegal 
 practices, 
 
 45 & 46 
 
 Vict. c. 50, 
 
 With- 
 drawal of 
 election 
 petition. 
 
 any time within twenty-eight days after the date of such pay- 
 ment or act, whether or not any other petition against that 
 person has been previously presented or tried. 
 
 (3) Any election petition presented within the time limited 
 by the Municipal Corporations Act, 1882,(c) may, for the purpose 
 of complaining of the election upon an allegation of an illegal 
 practice, be amended with the leave of the High Court within 
 the time within which a petition complaining of the election 
 on the ground of that illegal practice can, under this section, 
 be presented. 
 
 (4) This section shall apply: notwithstanding the illegal 
 practice is also a corrupt practice. 
 
 (a) This includes a petition against the return of a county councillor. 
 pine As to this return and declaration, see section 21, sub-sections (3), (9), 
 
 (c) As to the time for presentation of a petition alleging corrupt practices, 
 see section 88, sub-section (4), of the Municipal Corporations Act, 1882, ante. 
 
 26. (1) Before leave for the withdrawal(a) of a municipal 
 election petition is granted, there shall be produced affidavits 
 by all the parties to the petition and their solicitors, but the 
 High Court may on cause shown dispense with the affidavit of 
 any particular person if it seems to the court on special grounds 
 to be just so to do. 
 
 (2) Each affidavit shall state that, to the best of the 
 deponent’s knowledge and belief, no agreement or terms: of 
 any kind whatsoever has or have been made, and no under- 
 taking has been entered into, in relation to the withdrawal of 
 the petition; but if any lawful agreement has been made with 
 respect to the withdrawal of the petition, the affidavit shall set 
 forth that agreement, and shall make the foregoing statement 
 subject to what appears from the affidavit. 
 
 (8) The affidavits of the applicant and his solicitor shall 
 further state the ground on which the petition is sought to be 
 withdrawn. 
 
 (4) If any person makes any agreement or terms, or enters 
 into any undertaking, in relation to the withdrawal of an 
 election petition, and such agreement, terms, or undertaking is 
 or are for the withdrawal of the election petition in considera- 
 tion of any payment, or in consideration that the seat shall at 
 
AT ¢ 48 Vict. c. 70. 821 
 
 any time be vacated, or in consideration of the withdrawal of Sect. 26. 
 any other election petition, or is or are (whether lawful or Sune a 
 unlawful) not mentioned in the aforesaid affidavits, he shall be 
 
 guilty of a misdemeanor, and shall be liable on conviction on 
 indictment to imprisonment for a term not exceeding twelve 
 
 months, and to a fine not exceeding two hundred pounds. 
 
 (5) Copies of the said affidavits shall be delivered to the 
 Director of Public Prosecutions(b) a reasonable time before 
 the application for the withdrawal is heard, and the court may 
 hear the Director of Public Prosecutions or his assistant or 
 other representative (appointed with the approval of the 
 Attorney-General), in opposition to the allowance of the with- 
 drawal of the petition, and shall have power to receive the 
 evidence on oath of any person or persons whose evidence the 
 Director of Public Prosecutions or his assistant, or other repre- 
 sentative, may consider material. 
 
 (6) Where in the opinion of the court the proposed with- 
 drawal of a petition was the result of any agreement, terms, or 
 undertaking prohibited by this section, the court shall have the 
 same power with respect to the security as under section 
 ninety-five of the Municipal Corporations Act, 1882,(c) where 45 & 46 
 the withdrawal is induced by a corrupt consideration. arte 
 
 (7) In every case of the withdrawal of an election petition 
 by leave of the election court,(d) such court shall report in 
 writing to the High Court whether, in the opinion of such 
 election court, the withdrawal of such petition was the result 
 of any agreement, terms, or undertaking, or was in considera- 
 tion of any payment, or in consideration that the seat should 
 at any time be vacated, or in consideration of the withdrawal 
 of any other election petition, or for any other consideration, 
 and if so, shall state the circumstances attending the with- 
 drawal. 
 
 ‘ (8) Where more than one solicitor is concerned for the 
 petitioner or respondent, whether as agent for another 
 solicitor or otherwise, the affidavit shall be made by all such 
 
 solicitors. 
 
 50, 
 
 (a) As to the procedure for withdrawal of a petition, see section 95 of the 
 Municipal Corporations Act, 1882, ante. 
 (b) The Solicitor to the Treasury is now the Director of Public Prosecutions. 
 47 & 48 Vict. c. 58. 
 : (c) See sub-section (4) of the section referred to, ante. 
 (d) See section 92 of the Municipal Corporations Act, 1882, ante. 
 
 Y 
 
822 
 Sect. 27. 
 
 Continua- 
 tion of 
 trial of | 
 election 
 petition. 
 
 Attend- 
 ance of 
 Director 
 of Public 
 Prosecu- 
 tions on 
 trial of 
 election 
 petition, 
 and pro- 
 secution' 
 by him of 
 offenders. 
 
 The Muucipal Elections (Corrupt Practices) Act, 1884. 
 
 97. The trial of every municipal election petition shall, so 
 far as is practicable consistently with the interests of justice in 
 respect of such trial, be continued de die im diem on every 
 lawful day until its conclusion. 
 
 As to the adjournment of the trial, see section 93, sub-section (11), of the 
 Municipal Corporations Act, 1882. 
 
 98. (1) On every trial of a municipal election petition(a) the 
 Director of Public Prosecutions(d) shall by himself or by his 
 assistant, or by such representative as hereinafter mentioned, 
 attend at the trial, and it shall be the duty of such Director to 
 obey any directions given to him by the election court(c) with 
 respect to the summoning and examination of any witness to 
 give evidence on such trial, and with respect to the prosecution 
 by him of offenders, and with respect to any person to whom 
 
 notice is given to attend with a view to report him as guilty of — 
 
 any corrupt or illegal practice. 
 
 (2) It shall also be the duty of such Director, without any 
 
 direction from the election court, if it appears to him that any 
 person is able to give material evidence as to the subject of the 
 trial, to cause such person to attend the trial, and with the 
 leave of the court to examine such person as a witness. 
 
 (3) It shall also be the duty of the said Director, without 
 any direction from the election court, if he thinks it expedient 
 in the interests of justice so to do, to prosecute, either before 
 the said court or before any other competent court, any person 
 who has not received a certificate of indemnity(d) and who 
 appears to him to have been guilty of a corrupt or illegal 
 practice at a municipal election. 
 
 (4) Where a person is prosecuted before an election court 
 for any corrupt or illegal practice, and such person appears 
 before the court, the court shall proceed to try him summarily 
 for the said offence, and such person, if convicted thereof upon 
 such trial, shall be subject to the same incapacities as he is 
 subject to under this or any other Act,(e) upon conviction, 
 whether on indictment or in any other proceeding for the said 
 offence; and further, may be adjudged by the court, if the 
 offence is a corrupt practice, to be imprisoned, with or without 
 hard labour, for a term not exceeding six months, or to pay a 
 fine not exceeding two hundred pounds, and if the offence is an 
 illegal practice, to pay such fine as is fixed by this Act for the 
 offence.(/) 
 
47 £ 48 Vict. c. 70. 
 
 Provided that in the case of a corrupt practice, the court, 
 before proceeding to try summarily any person, shall give such 
 person the option of being tried by a jury. 
 
 (5) Where a person is so prosecuted for any such offence, 
 and either he elects to be tried by a jury or he does not appear 
 before the court, or the court thinks it in the interests of 
 justice expedient that he should be tried before some other 
 court, the court, if of opinion that tne evidence is sufficient to 
 put the said person upon his trial for the offence, shall order 
 such person to be prosecuted on indictment or before a court 
 of summary jurisdiction, as the case may require, for the said 
 offence ; and in either case may order him to be prosecuted 
 before such court as may be named in the order; and for all 
 purposes preliminary and of and incidental to such prosecution 
 the offence shall be deemed to have been committed within the 
 jurisdiction of the court so named. 
 
 (6) Upon such order being made, 
 
 (a) If the accused person is present before the court, and the 
 offence is an indictable offence, the court shall commit 
 him to take his trial, or cause him to give. bail to 
 appear and take his trial for the said offence ; and 
 
 (b) If the accused person is present before the court, and the 
 offence is not an indictable offence, the court shall 
 order him to be brought before the court of summary 
 jurisdiction before whom he is to be prosecuted, or 
 cause him to give bail to appear before that court ; 
 
 and 
 
 (c) If the accused person is not present before the court, the 
 court shall as circumstances require issue a Summons 
 for his attendance, or a warrant to apprehend him and 
 bring him before a court of summary jurisdiction, and 
 that court, if the offence is an indictable offence, shall, 
 on proof only of the summons or warrant and the 
 identity of the accused, commit him to take his trial, 
 or cause him to give bail to appear and take his trial 
 for the said offence, or if the offence is punishable on 
 summary conviction, shall proceed to hear the case, 
 or if such court be not the court before whom he is 
 directed to be prosecuted shall order him to be brought 
 before that court. 
 
 (7) Any order or act of an election court under this section 
 
 x 2 
 
 Sbe,823 
 
 Sect. 28. 
 UB-S. 4. 
 
824 
 Sect. 28. 
 S 
 
 UB-S. 7. 
 
 ed 
 
 45 & 46 
 Vict. c. 50. 
 
 45 & 46 
 Vict. c. 50, 
 
 Power to 
 election 
 court to 
 order 
 payment 
 by boroug 
 
 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 shall not be subject to be discharged or varied under sub-section 
 six of section ninety-two of the Municipal Corporations Act, 
 1882.(q) 
 
 (8) The Director of Public Prosecutions may nominate, with 
 the approval of the Attorney-General, any barristers or solicitors 
 of not less than ten years’ standing, one of whom shall, when 
 required, act as the representative for the purposes of this 
 section of such Director, and when so acting shall receive such 
 remuneration as the Treasury may approve. There shall be 
 allowed to the Director and his assistant or representative, for 
 the purposes of this section, such allowance for expenses as the 
 Treasury may approve. 
 
 (9) The expenses incurred in defraying the expenses of the 
 Director of Public Prosecutions under this section (including 
 the remuneration of his representatives) shall, in the first 
 instance, be paid by the Treasury, and so far as they are not | 
 in the case of any prosecution paid by the defendant, shall be 
 deemed to be expenses of the election court, and shall be paid 
 as the expenses of that court are directed by section one 
 hundred and one of the Municipal Corporations Act, 1882, to 
 be paid; but if for any reasonable cause it seems just to the 
 court so to do, the court shall order all or part of the said costs 
 to be repaid to the Treasury by the parties to the petition, or 
 such of them as the court may direct.(h) 
 
 (a) This includes an election of county councillors. 
 
 (b) The Solicitor to the Treasury is now the Director of Public Prose- 
 cutions. 
 
 Ye) As to the court, see section 92 of the Municipal Corporations Act, 1882, 
 ante. 
 
 (d) See as to this certificate section 94 (5) of the Municipal Corporations 
 Act, 1882, ante, and section 30, post. 
 
 (e) See sections 2, 7, ante. 
 
 (f) See section 7, ante. 
 
 (q) See this sub-section, ante. 
 
 (h) If a petition is utterly unfounded the petitioner may be ordered to pay 
 the costs of the Director of Public Prosecutions. Kennington Hlection Petition, 
 54 L. T. (N.S.) 628. This section applies only to the trial of a petition. The 
 costs of the Public Prosecutor cannot be ordered where the petition is with- 
 drawn. Devonport Election Petition, 54 L. T. (N.S.) 733 ; 50 J. P. 135. 
 
 99, (1) Where upon the trial of a municipal election peti- 
 tion(a) it appears to the election court(>) that a corrupt 
 practice has not been proved to have been committed im 
 
 , reference to the election by or with the knowledge and consent 
 
47 & 48 Vict. c. 70. 
 
 of the respondent to the petition, and that such respondent 
 took all reasonable means to prevent corrupt practices being 
 committed on his behalf, the court may make one or more 
 orders with respect to the payment either of the whole or such 
 part of the costs of the petition as the court may think right, 
 as follows: 
 
 (a) If it appears to the court that corrupt practices exten- 
 sively prevailed in reference to the said election, the 
 court may order the whole or part of the costs to be 
 paid by the borough ;(c) and 
 
 (6) If it appears to the court that any person or persons is 
 or are proved, whether by providing money or other- 
 wise, to have been extensively engaged in corrupt 
 practices, or to have encouraged or promoted exten- 
 sive corrupt practices in reference to such. election, 
 the court may, after giving such person or persons 
 an opportunity of being heard by counsel or solicitor 
 and of examining and cross-examining witnesses to 
 show cause why the order should not be made, order 
 the whole or part of the costs to be paid by that 
 person, or those persons or any of them, and may 
 order that if the costs cannot be recovered from one 
 or more of such persons they shall be paid by some 
 other of such persons or by either of the parties to the 
 petition. 
 
 (2) Where any person appears to the court to have been 
 guilty of the offence of a corrupt or illegal practice, the court 
 may, after giving such person an opportunity of making a state- 
 ment to show why the order should not be made, order the 
 whole or any part of the costs of or incidental to any proceeding 
 before the court in relation to the said offence or to the said 
 person to be paid by the said person to such person or persons 
 as the court may direct. 
 
 (3) The rules and regulations of the Supreme Court of 
 Judicature with respect to costs to be allowed in actions, 
 causes, and matters in the High Court shall in principle and so 
 far as practicable apply to the costs of petitions and other 
 proceedings under Part Four of the Municipal Corporations 
 Act, 1882, and this Act, and the taxing officer shall not allow 
 any costs, charges, or expenses on a higher scale than would 
 
 325 
 
 Sect. 29. 
 SuB-S. 1. 
 or indi- 
 vidual of 
 costs of 
 election 
 petition. 
 
 45 & 46 
 Vict. c, 50 
 
326 
 Sect. 29. 
 
 SUBSS. 3. 
 
 The Mumcipal Elections (Corrupt Practices) Act, 1884. 
 
 be allowed in any action, cause, or matter in the High Court 
 
 _** on the higher scale, as between solicitor and client.(d) 
 
 General 
 provisions 
 as to pro- 
 
 (a) This includes a petition against the return of a county councillor. 
 
 (4) See section 92 of the Municipal Corporations Act, 1882, ante. 
 
 (c) The word borough will include county when this section is applied to 
 an election of county councillors. See Reg. v. Maidenhead (Mayor of), 
 cited in the notes to the Municipal Corporations Act, 1882, section 101, ante. 
 As to the fund out of which this payment is to be made, see section 32, post. 
 
 (d@) As to the taxation of costs, see rule 68, post. 
 
 Miscellaneous. 
 
 30. Subject to the other provisions of this Act, the procedure 
 for the prosecution of a corrupt and illegal practice or any 
 
 secution of illegal payment, employment, or hiring committed in reference 
 
 offences 
 under this 
 Act. 
 
 46 & 47 
 Vict.c. 51. 
 
 45 & 46 
 Vict. c, 50. 
 
 to a municipal election, and the removal of any incapacity 
 incurred by reason of a conviction or report relating to any 
 such offence, and the duties of the Director of Public Prosecu- 
 tions in relation to any such offence, and all other proceedings 
 in relation thereto (including the grant to a witness of a certifi- 
 cate of indemnity), shall be the same as if such offence had 
 been committed in reference to a parliamentary election; and 
 sections forty-five and forty-six and sections fifty to fifty-seven 
 (both inclusive), and sections fifty-nine and sixty of the Corrupt 
 and Illegal Practices Prevention Act, 1883, shall apply accord- 
 ingly as if they were re-enacted in this Act with the necessary 
 modifications, and with the following additions :(a) 
 
 (a) Where the Director of Public Prosecutions(d) considers 
 that the circumstances of any case require him to 
 institute a prosecution before any court other than an 
 election court for any offence other than a corrupt 
 practice committed in reference to a municipal elec- 
 tion in any borough,(c) he may, by himself or his 
 assistant, institute such prosecution before any court 
 of summary jurisdiction in the county in which the 
 said borough is situate or to which it adjoins, and the 
 offence shall be deemed for all purposes to have 
 been committed within the jurisdiction of such court ; 
 and 
 
 (6) General rules for the purposes of Part Four of the Muni- 
 cipal Corporations Act, 1882, shall be made by the 
 same authority as rules of court under the said 
 sections ;(¢) 
 
47 € 48 Vict. c. 70. 327 
 
 (c) The giving or refusal to give a certificate of indemnity to Sect. 30. 
 a witness by the election court shall be final and con- x, 94 (7) 
 clusive. 
 
 (a) Section 45 requires the Director of Public Prosecutions (now the Solicitor 
 to the Treasury, 47 & 48 Vict. c. 58) to inquire into alleged corrupt or illegal 
 practices ; section 46 provides for the removal of incapacity on the ground that 
 it was procured by perjury ; sections 50—57 relate to legal proceedings ; sec- 
 tion 59 relates to the obligation of a witness to answer and the certificate of 
 indemnity ; and section 60 provides for the submission of the report of an 
 election court to the Attorney-General. 
 
 (b) See 47 & 48 Vict. c. 58, cited in the preceding note. 
 
 (c) This will include an election of a county councillor. 
 
 (d) That is, by the same authority by whom rules of court for procedure 
 and practice in the Supreme Court of Judicature can be made. 46 & 47 Vict. 
 c. 51, 8. 56. 
 
 31, If any person, in consequence of conviction or of the Person 
 report of an election court under this Act, becomes not capable Seapets 
 of being elected to or sitting in the House of Commons, or of entation 
 being elected to or holding any public or judicial office,(a) and oF report 
 such person, at the date of the said conviction or report, has se eas 
 been so elected or holds any such office, then his seat or office, office. 
 
 as the case may be, shall be vacated as from that date. 
 (a) See the note to section 2, ante, p. 302. 
 
 32. (1) Where any costs of a petition are, under an order of Payment 
 a municipal election court, to be paid by a borough,(a) such pee 
 costs shall be paid out of the borough fund or borough rate.(0) costs. 
 (2) Where any costs or other sums are, under the order of an 
 election court or otherwise under this Act, to be paid by any 
 person, those costs shall be a simple contract debt due from 
 such person to the person or persons to whom they are to be 
 paid, and if payable to the Treasury shall be a debt to Her 
 
 Majesty, and in either case may be recovered accordingly. 
 
 (a) See section 29, ante, p. 324. 
 (b) With reference to elections of county councillors, this must be read as 
 county fund or county rate. 
 
 33. Where any summons, notice, or document is required to Service of 
 be served on any person with reference to any proceeding ea 
 respecting a municipal election in any borough or ward of a 
 -borough,(a) whether for the purpose of causing him to appear 
 
 before the High Court or any election court, or otherwise, or 
 
 for the purpose of giving him an opportunity of making a state- 
 
 ment, or showing cause, or being heard by himself, before any 
 
 such court, for any purpose of this Act, such summons, notice, 
 
328 
 Sect. 33. 
 
 Defini- 
 tions. 
 
 45 & 46 
 Vict. c. 50. 
 
 46 & 47, 
 Vict. c. 51, 
 
 A pplica- 
 tion to 
 city of 
 
 The Mumevpal Elections (Corrupt Practices) Act, 1884. 
 
 or document may be served either by delivering the same to 
 such person, or by leaving the same at, or sending the same by 
 post by a registered letter to, his last known place of abode in 
 the said borough,(’) or, if the proceeding is before any court, 
 in such other manner as the court may direct, and in proving 
 such service by post it shall be sufficient to prove that the 
 letter was prepaid, properly addressed, and registered with the 
 post office. 
 
 (2) This will apply to an election of a county councillor in an electoral 
 division. 
 
 (6) Borough must be read as county with reference to an election of a 
 county councillor. 
 
 34, In this Act expressions have the same meaning as in the 
 Municipal Corporations Act, 1882, and in the Corrupt and 
 Illegal Practices Prevention Act, 1883; except that the words 
 ‘‘borough,” ‘‘ election petition,” ‘election court,” and ‘“ candi- 
 date,” shall, unless the context otherwise requires, have the 
 meaning given by the Municipal Corporations Act, 1882, and 
 not the meaning given by the Corrupt and Illegal Practices 
 Prevention Act, 1883; and except that “election” shall, unless 
 the context otherwise requires, mean a municipal election.(a) 
 
 For the purposes of this Act the number of electors shall be 
 taken according to the enumeration of the electors in the 
 burgess roll.(0) 
 
 (a) As applied to elections of county councillors, the word election will 
 include an election for an electoral division. 
 
 (0) The division register corresponds to the burgess roll in boroughs. 
 
 39, This Act and Part IV. of the Municipal Corporations Act, 
 1882, shall apply to a municipal election in the city of London, 
 
 London of subject as follows :— 
 
 Act and of 
 Part IV. 
 
 of 45 & 46 
 Vict. c. 50. 
 
 (1) For the purpose of such application ‘municipal election ” 
 means an election to the office of mayor, alderman, 
 common councilman, or sheriff, and includes the elec- 
 tion of any officer elected by the mayor, aldermen, and 
 
 liverymen in common hall, and the expression “cor-— 
 
 porate office” includes each of the aforesaid offices, 
 and the expression ‘ borough” shall be deemed to 
 apply to the said city : | 
 
 (2) The expression ‘“‘burgess”” means, in relation to each 
 
 municipal election, any person entitled to vote at such 
 election : 
 
47 € 48 Vict. c. 70. 
 
 329 
 
 (3) Any costs or expenses directed to be paid out of the Sect. 35. | 
 
 borough fund or borough rate shall, if incurred in 
 respect of the election of an alderman or common 
 councilman for any ward, be paid out of the ward rate 
 of that ward, and in any other case shall be paid by 
 the chamberlain of the said city out of the city’s cash: 
 
 (4) The enactments relating to personation, polling agents, 
 
 and disclosure of votes shall not apply, save that if 
 
 UB-S. 3. 
 
 any person commits any offence under the City of 30 Vict. 
 
 London Municipal Elections Amendment Act, 1867, “ 
 
 in relation to the declaration required by that Act to 
 be made at the poll, he shall, in addition, be deemed 
 guilty of a corrupt practice under this Act: 
 
 (5) A vacancy in any office created by the decision of an 
 
 (6) In 
 
 (7) In 
 
 election court shall be filled by a new election, and 
 every summoning officer is hereby authorised and 
 required to summon the electors for such election : 
 the case of an election of an alderman and common 
 councilman a sum may be paid and expense incurred 
 not in excess of the maximum fixed by this Act for 
 the election of a councillor : 
 
 the case of an election by liverymen in common hall 
 a sum may be paid and expenses incurred, if a poll be 
 not demanded, not exceeding forty pounds, and, if a 
 poll be demanded, then not exceeding two hundred 
 and fifty pounds, and, in the event of a poll being 
 demanded, such poll shall take place on the third day 
 after the demand for a poll be made, unless such third 
 day be a Sunday, in which case the poll shall take 
 place on the fourth day, and the poll shall last for one 
 day only, and commence at the hour of eight in the 
 morning and close at six in the evening : 
 
 (8) The town clerk shall send the corrupt and illegal practices 
 
 list, when made out by him, to the ward clerk of each 
 ward, not less than fourteen days before the day on 
 which the list of persons entitled to vote in such ward 
 is required to be made out, and the aldermen and 
 common councilmen of each ward shall omit from 
 such last-mentioned list the names of all persons 
 mentioned in the corrupt and illegal practices list, 
 and the corrupt and illegal practices list shall be 
 
 1. 
 
330 Lhe Mumeipal Elections (Corrupt Practices) Act, 1884. 
 Sect. 35. printed and appended to every copy of the list of 
 -5.\8. 
 
 = persons entitled to vote in such ward. 
 
 This section applies to municipal elections in the city of London, and has no 
 bearing on the election of county councillors. 
 
 Application of Act to other Elections. 
 
 pepe 36. (1) Subject as hereinafter mentioned, the provisions of 
 
 Actand this Act and of Part IV. of the Municipal Corporations Act, 
 
 op hy 1882, as amended by this Act, shall extend to elections for the 
 
 Viet, c,50, Offices mentioned in the first column of the First Schedule 
 
 to other —_ to this Act asif re-enacted herein, and in terms made applicable 
 
 Ca thereto, and petitions may be presented and tried, and offences 
 prosecuted and punished, and incapacities incurred in reference 
 to each such election accordingly. 
 
 Provided that in the application of the said provisions to any 
 
 such election : 
 
 (a) The area, officer, and rate mentioned opposite to the 
 office in the second, third, and fourth columns of the 
 said schedule, shall be deemed to be substituted for 
 the borough or ward, town clerk, and borough fund or 
 rate respectively. 
 
 (5) The expression “ corporate office” in the said provisions 
 shall mean an office mentioned in the said schedule, 
 and in relation to the election of a guardian of a union 
 includes any such office in the union, and ‘a municipal 
 election’’ shall mean an election to such office, and 
 the expressions ‘municipal election court,” ‘ muni- 
 cipal election list,” and ‘‘ municipal election petition ” 
 shall be construed accordingly. 
 
 (c) No corrupt and illegal practices list shall be made for any 
 such election. 
 
 (d) Vacancies created by the decision of an election court 
 shall be filled by a new election. 
 
 (e) A petition relating to the election of a guardian of the 
 union may be tried at any place within the union. 
 
 (f) Nothing in the said provisions shall render it unlawful to 
 hold a meeting for the purpose of promoting or pro- 
 curing the election of a candidate to any office men- 
 tioned in the said schedule on any licensed or other 
 premises not situate in an urban sanitary district or 
 in the metropolis ; 
 
 ~ 
 
47 &: 48 Vict. c. 70. 331 
 
 (g) Where the poll at any election to an office in the said Sect. 36. 
 schedule is taken by means of voting papers, such of Matsa 
 the said provisions as relate to personation, polling 
 agents, disclosure of votes and conveyance of voters, 
 shall not apply ; but any offence in relation to voting 
 papers or to personation or to voting at such election, 
 which is punishable on summary conviction (that is to 
 say), the offences mentioned in section three of the 
 Poor Law Amendment Act, 1851, and in rule sixty- 14 &15 
 nine of Schedule Two to the Public Health Act, 1875, Ji¢h 1 
 shall, without prejudice to the punishment under such Viet. ¢. 55. 
 section and rule of a person guilty of such offence, be 
 deemed to be an illegal practice within the meaning 
 of the said provisions. 
 
 (h) The Local Government Board shall have the same power 5 x 6 Vict, 
 as heretofore under section eight of the Poor Law. 57. 
 Amendment Act, 1842, to determine any question 
 arising as to the right of a person to act as guardian, 
 except that the Board shall not have power— 
 
 (a2) To determine, until after the expiration of twenty-one 
 days after the election of a person as guardian, any 
 question which can be determined upon an election 
 petition under this section; nor : 
 
 (b) To determine any question which is raised by an 
 election petition under this section, and is either 
 awaiting decision or has been decided by an election 
 court; nor 
 
 (c) To determine any question of general corruption, or of 
 any corrupt or illegal practice, except so far as 
 appears to such Board necessary for determining 
 the validity of any vote. 
 
 (2) The judges for the time being on the rota for the trial 
 of parliamentary election petitions, or any two of those judges, 
 may annually appoint as many barristers, not exceeding 
 five, as they may think necessary to be commissioners for the 
 trial of election petitions under Part Four of the Municipal 
 Corporations Act, 1882, and this Act, and shall from time to 
 time assign the petitions (whether relating to a municipal 
 election or to any other election to which this Act extends) to 
 be tried by each commissioner. 
 
 This section has no application to elections of county councillors, with the 
 exception of sub-section (2), which is substituted for a repealed provision in 
 section 92 of the Municipal Corporations Act, 1882, ante, 
 
332 
 Sect. 37. 
 
 Exemp- 
 tion from 
 provisions 
 as to 
 maximum 
 expenses, 
 
 Repeal of 
 
 cts. 
 
 Com- 
 mence- 
 ment of 
 Act. 
 
 Act not to 
 extend to 
 Scotland 
 or Ireland. 
 Duration 
 of Act. 
 
 The Municipal Elections (Corrupt Practices) Act, 1884. 
 
 37. The provisions of this Act, which prohibit the payment 
 of any sum, and the incurring of any expense by or on behalf 
 of a candidate at an election, on account of, or in respect of, 
 the conduct or management of the election, and those which 
 relate to the time for sending in and paying claims, and those 
 which relate to the maximum amount of election expenses, or 
 the return or declaration respecting election expenses, shall 
 not apply to any of the elections mentioned in the First 
 Schedule to this Act. 
 
 This section does not apply to elections of county councillors. 
 
 Repeal. 
 
 38, The Acts specified in the Second Schedule to this Act 
 are hereby repealed as from the commencement of this Act to 
 the extent in the third column of that schedule mentioned, but 
 such repeal shall not affect anything duly done or suffered, or 
 any right acquired or accrued, or any incapacity incurred, 
 before the commencement of this Act ; and any person subject 
 to any incapacity under any enactment hereby repealed, or 
 under any enactment for which such repealed enactment was 
 substituted, shall continue subject thereto, and this Act shall 
 apply to him as if he had become so subject in pursuance of 
 the provisions of this Act. 
 
 39, This Act shall come into operation on the first day of 
 October, one thousand eight hundred and eighty-four, which 
 day is in this Act referred to as the commencement of this Act. 
 
 Hxtent of Act. . 
 40, This Act shall not extend to Scotland or Ireland. 
 
 41, This Act shall continue in force to the end of the year 
 one thousand eight hundred and eighty-six, and no longer. 
 
47 d 48 Vict. c, 70. 393 
 SCHEDULES. Sched. 1. 
 Section 36, 
 
 FIRST SCHEDULE. 
 ELECTIONS to which this Act Extends. 
 In England. 
 
 Office. Area. Officer. Rate. 
 
 as Member of local} Local Government Clerk to the local |The general dis- 
 board,as defined| district or ward! board or person | trict rate. 
 by the Public} of such district. | performing like 
 
 ‘ Health Act,1875 duties. ’ 
 
 3 Member of Im-|Improvement Act Clerk to the Im- |The general district 
 
 f provement Com-| district or ward provement Com-| rate or other rate 
 
 i missioners, as| of such district. missioners, or| out of which the 
 defined by the person perform-| expenses of the 
 Public Health ing like duties. Improvement 
 Act, 1875. Commissioner 8 
 
 are payable. 
 Guardian elected| Parish or ward of Clerk to the guar- | The poor rate of 
 under the Poor| aparishorunited| dians, or person the parish or 
 
 LawAmendment| parishes. performing like} united parishes. 
 Act, 1834. duties. 
 
 Member of school] School district or Returning officer | The school fund, 
 board. division of the| of school board. 
 
 metropolis. 
 
 SECOND SCHEDULE. 
 ENACTMENTS REPEALED. 
 
 A description or citation of a portion of an Act is inclusive of the words, 
 section, or other part first and last mentioned, or otherwise referred to as 
 forming the beginning or as forming the end of the portion comprised in the 
 description or citation. 
 
 ” oe ae we! KA ae tl ee 
 
 As to England. 
 
 lh ee eS aT 
 
 33 & 34 Vict. c. 75 | The Elementary Educa- |Section thirty-three. 
 
 : tion Act, 1870. 
 
 | 45 & 46 Vict. c. 50 | The Municipal Corpora- Section seventy-seven from‘cor- 
 
 . tions Act, 1882. rupt practice” down to “or 
 
 | personation,” and from “ can- 
 
 vasser’’ down to “ candidate 
 at a municipal election.” 
 
 Section seventy-eight. 
 
 Section seventy-nine. 
 
 Section eighty. 
 
 : Section eighty-two. 
 
 Section eighty-three. 
 
 Section eighty-four. 
 
 Section ninety-two,sub-sec.four, 
 from “and those judges” down 
 to the end of the sub-section. 
 
 Section ninety-four,sub-sections 
 five, six, seven, and eight. 
 
 So much of section ninety-eight, 
 sub-section two, as relates to 
 the principles of taxation. 
 
834 
 Sched. 3, 
 
 Bribery 
 defined. 
 
 Lhe Municipal Elections (Corrupt Practices) Act, 1884, 
 
 THIRD SCHEDULE. 
 
 Part I. 
 
 Enactments defining Corrupt Practices. ~Enactments defining the Offence 
 of Bribery. 
 
 The Corrupt Practices Prevention Act, 1854, 17 & 18 Vict. ¢. 102, 
 sections 2 and 3. 
 
 2. The following persons shall be deemed guilty of bribery, and shall 
 
 be punishable accordingly :-— 
 
 (1) Every person who shall, directly or indirectly, by himself or by 
 any other person on his behalf, give, lend, or agree to give or 
 lend, or shall offer, promise, or promise to procure or endea- 
 vour to procure, any money or valuable consideration to or for 
 any voter, or to or for any person on behalf of any voter, or to 
 or for any other person, in order to induce any voter to vote or 
 refrain from voting, or shall corruptly do any such act as afore- 
 said on account of such voter having voted or refrained from 
 voting at any election. 
 
 (2) Every person who shall, directly or indirectly, by himself or by 
 any other person on his behalf, give or procure, or agree to 
 give or procure, or offer, promise, or promise to procure, or 
 endeavour to procure, any office, place, or employment to or for 
 any voter, or to or for any person on behalf of any voter, or to 
 or for any other person, in order to induce such voter to vote 
 or refrain from voting, or shall corruptly do any such act as 
 aforesaid on account of any voter having voted or refrained 
 from voting at any election. 
 
 (3) Every person who shall directly or indirectly, by himself or by 
 any other person on his behalf, make any such gift, loan, offer, 
 promise, procurement, or agreement as aforesaid, to or for any 
 person, in order to induce such person to procure or endeavour 
 to procure the return of any person to serve in Parliament, or 
 the vote of any voter at any election. 
 
 (4) Every person who shall, upon or in consequence of any such 
 gift, loan, offer, promise, procurement, or agreement, procure, 
 or engage, promise, or endeavour to procure the return of any 
 person to serve in Parliament, or the vote of any voter at any 
 election. 
 
 (5) Every person who shall advance or pay, or cause to be pay any 
 money to or to the use of any other person with the intent 
 that such money, or any part thereof, shall be expended in 
 bribery at any election, or who shall knowingly pay or cause 
 to he paid any money to any person in discharge or repayment 
 of any money wholly or in part expended in bribery at any 
 election : Provided always, that the aforesaid enactment shail 
 not extend or be construed to extend to any money paid or 
 agreed to be paid for on account of any legal expenses bond fide 
 incurred at or concerning any election. 
 
47 & 48 Vict. c. 70. 835 
 
 3, The following persons shall also be deemed guilty of bribery, and Sched. 3. 
 shall be punishable accordingly :— Bribery 
 
 (1) Every voter who shall, before or during any election, directly or further 
 indirectly, by himself or by any other person on his behalf, defined. 
 receive, agree, or contract for any money, gift, loan, or valuable 
 consideration, office, place, or employment, for himself or for 
 any other person, for voting or agreeing to vote, or from 
 refraining or agreeing to refrain from voting at any election. 
 
 (2) Every person who shall, after any election, directly or indirectly, 
 by himself or by any other person on his behalf, receive any 
 money or valuable consideration on account of any person 
 having voted or refrained from voting, or having induced any 
 other person to vote or refrain from voting at any election. 
 
 The Representation of the People Act, 1867, 30 &31 Vict. c. 102, s. 49. 
 
 49, Any person, either directly or indirectly, corruptly paying any Corrupt 
 rate on behalf of any ratepayer for the purpose of enabling him to payment 
 be registered as a voter, thereby to influence his vote at the future of rates to 
 election, and any candidate or other person, either directly or indirectly, eee 
 paying any rate on behalf of any voter for the purpose of inducing him haber 
 to vote or refrain from voting, shall be guilty of bribery, and be punish- y 
 able accordingly ; and any person on whose behalf and with whose 
 privity any such payment as in this section is mentioned is made, shall 
 also be guilty of bribery, and punishable accordingly. 
 
 It is beyond the scope of the present work to enter into a detailed discussion 
 of the law relating to bribery and other corrupt practices. For information on 
 this subject the reader is referred to works on the law of election. One or two 
 recent decisions may, however, be mentioned. 
 
 As to corrupt employment, see Harding v. Stokes, 1 M.& W. 354; 2M. :& W. 
 233; giving money after election, Reg. v. Thwaites, 1 BE. & B. 704; 22 L. J. 
 Q. B. 238. 
 
 Y. canvassed M., a voter at a municipal election, for his party, and on M. 
 expressing an intention not to vote, told M. he would be remunerated for loss 
 of time. It was held that this was bribery. Simpson v. Yeend, 33 J. P. 677; 
 L. R. 4 Q. B. 626; 38 L. J. Q. B. 313. 
 
 “Tn order to make the payment of a rate for the purpose of enabling voters 
 to be registered affect the election, you must prove that it was done corruptly ; 
 that it was done thereby to influence their votes, which in my judgment means 
 to induce them to vote for the person on whose behalf the payment was made.” 
 Per Martin, B., Cheltenham Election, 1 O'M. & H. 63. In order to make a 
 third person responsible for the payment of a rate, it must be proved that he 
 gave authority to the person to do the act. The common law rules of agency, 
 therefore, and not those of election law, apply to this case. Wigan Election, 
 10M. & H. 190; Ward’s Practice at Elections, p. 158. 
 
 A single case of bribery avoids an election. Norwich Election Petition, 
 54 L. T. 0.8.) 625. 
 
 To offer a voter his travelling expenses if he will come and vote for a par- 
 ticular candidate is bribery. Packard v. Collings, 54 L. T. (N.8.) 619. 
 
 Enactment defining the Offence of Personation. 
 The Ballot Act, 1872, 35 & 36 Vict. c. 33, s. 24. 
 
 24. A person shall, for all purposes of the laws relating to parlia- Persona- 
 
 mentary and municipal elections, be deemed to be guilty of the igeke 
 ned, 
 
336 
 
 The Municipal Elections (Corrwpt Practices) Act, 1884. 
 
 Sched. 3, offence of personation who, at an election for a county or borough, or at 
 
 —_—_— 
 
 What is 
 treating. 
 
 What is 
 undue 
 influence, 
 
 a municipal election, applies for a ballot paper in the name of some 
 other person, whether that name be that of a person living or dead, or 
 of a fictitious person, or who, having voted once at any such election, 
 applies at the same election for a ballot paper in his own name. 
 
 H. obtained a voting paper signed by B., who was entitled to vote in an 
 election of councillors, and gave it to F., requesting F. to go with it to the 
 poll and vote for two candidates, and stating that F. would run no risk in 
 doing so. IF. went and handed in the paper, but on being questioned admitted 
 that he was not B., and the vote was not received. It was held that H. was 
 properly convicted under 22 Vict. c. 35, s. 9, of inducing F. to personate a 
 voter. It was held further, that it was sufficient for the conviction to state 
 that H. induced F. to personate B., and that it need not set out the details of 
 the process by which F. carried out the personation. Hague v. Brown, 22 
 J. P. 231; 33 L. J. M. C. 81; 9 L. T. (v.s.) 648; 12 W. R. 310. 
 
 If a man applies to the presiding officer for a ballot paper in a name other 
 than his name of origin, or in the name by which he is generally known, but 
 in a name which appears on the register, and which was inserted by the over- 
 seers in the belief that it was the name of the applicant, and for the purpose 
 of putting him on the register, he is entitled to vote,and is not a person 
 who “‘applies for a ballot paper in the name of some other person, whether 
 that name be that of a person living or dead, or of a fictitious person.” Reg. v. 
 Fox, 16 Cox C. C, 166. 
 
 Enactments defining the Offences of Treating and Undue Influence. 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 
 46 & 47 Vict. c. 51, ss. 1 and 2. 
 
 1. Any person who corruptly, by himself or by any other person, 
 either before, during, or after an election, directly or indirectly gives or 
 provides, or pays wholly or in part the expense of giving or providing 
 any meat, drink, entertainment, or provision to or for any person for 
 the purpose of corruptly influencing that person or any other person to 
 give or refrain from giving his vote at the election, or on account of 
 such person or any other person having voted or refrained from voting, 
 or being about to vote or refrain from voting at such election, shall be 
 guilty of treating. 
 
 And every elector who corruptly accepts or takes any such meat, 
 drink, entertainment, or provision, shall also be guilty of treating. 
 
 2. Every person who shall directly or indirectly, by himself or by 
 any other person on his behalf, make use of or threaten to make use of 
 any force, violence, or restraint, or inflict or threaten to inflict, by 
 himself or by any other person, any temporal or spiritual injury, 
 damage, harm, or loss upon or against any person in order to induce or 
 compel such person to vote or refrain from voting, or on account of such 
 person having voted or refrained from voting at any election, or who 
 shall by abduction, duress, or any fraudulent device or contrivance 
 impede or prevent the free exercise of the franchise of any elector, or 
 shall thereby compel, induce, or prevail upon any elector, either to give 
 or to refrain from giving his vote at any election, shall be guilty of 
 undue influence. 
 
 Treating is not the entertainment of equals by equals, but of an inferior by 
 a superior with the object of securing the goodwill of the inferior. Worwich 
 Election Petition, 54 L, T. (N.8.) 625. 
 
47 ¢ 48 Vict. c. 70. 337 
 
 Giving a school feast was held not to be treating in the Aylesbury Election Sched. 8, 
 Petition, 4 O’M. & H. 59. It must be proved that the voter got his refresh- NOTE, 
 ment on account of his having polled or being about to poll. Per MANISTY, J., ones 
 in Hargreaves v. Simpson, 4 Q. B. D. 403; 43 J. P. 767. 
 
 Enactment defining the Offences of Bribery, Treating, Undue Influence, 
 and Personation. 
 
 The Municipal Corporations Act, 1882, 45 & 46 Vict. c. 50, s. 77. 
 
 77. “Bribery,” “treating,” “undue influence,” and “ personation 
 include respectively anything done before, at, after, or with respect to a 
 municipal election, which, if done before, at, after, or with respect to a 
 parliamentary election, would make the person doing the same liable to 
 any penalty, punishment, or disqualification for bribery, treating, undue 
 influence, or personation, as the case may be, under any Act for the time 
 being in force with respect to parliamentary elections. 
 
 ” Defini- 
 
 tions. 
 
 PART. AL, 
 Enactments relating to Disqualification of Electors. — Section 28, 
 
 The Corrupt and Illegal Practices Prevention Act, 1883, 46 & 47 Vict. 
 c. 51, ss. 37 & 38. 
 
 37. Every person who, in consequence of conviction or of the report Prohibi-_ 
 of any election court or election commissioners under this Act or under "on of dis 
 the Corrupt Practices (Municipal Elections) Act, 1872, or under Part IV. qualified 
 of the Municipal Corporations Act, 1882, or under any other Act for Pets0ns 
 the time being in force relating to corrupt practices at an election for mae 
 any public office, has become incapable of voting at any election, whether g5 4 ‘3¢ 
 a parliamentary election or an election to any public office, is prohibited Vict, ¢, 60, 
 from voting at any such election, and his vote shall be void. 45 & 46 
 
 : : ; ee Vict. c. 50. 
 38. (1) Being a person, not being a party to an election petition nor pie I 
 
 a candidate on behalf of whom the seat is claimed by an election petition, oe 
 is reported by an election court . . . to have been guilty, at an pr PO" 
 
 election, of any corrupt or illegal practice, the court . . . shall ped 
 cause notice to be given to such person, and if he appears in pursuance ouilty at 
 
 of the notice, shall give him an opportunity of being heard by himself ¢orrupt or 
 and of calling evidence in his defence to show why he should not be illegal 
 
 so reported. practice, 
 and in- 
 bs ‘sy 2 * i capacity 
 
 (5) Every person who, after the commencement of this Act, is of person 
 reported by any election court . . . to have been guilty of any reported 
 corrupt or illegal practice at an election, shall, whether he obtained a guilty. 
 certificate of indemnity or not, be subject to the same incapacity as he 
 would be subject to if he had at the date of such election been convicted 
 of the offence of which he is reported to have been guilty . . . 
 
 (6) Where a person who is a justice of the peace is reported by any 
 election court . . . to have been guilty of any corrupt practice in 
 reference to an election, whether he has obtained a certificate of indem- 
 nity or not, it shall be the duty of the Director of Public Prosecutions 
 to report the case to the Lord High Chancellor of Great Britain, with 
 such evidence as may have been given of such corrupt practice, and 
 
 Z 
 
838 
 Sched. 3. 
 
 The Municipal Elections (Corrwpt Practices) Act, 1884. 
 
 where any such person acts as a justice of the peace by virtue of his 
 being or having been mayor of a borough, the Lord High Chancellor 
 shall have the same power to remove such person from being a justice 
 of the peace as if he was named in a commission of the peace. 
 
 (7) Where a person who is a barrister or solicitor, or who belongs 
 to any profession the admission to which is regulated by law, is reported 
 by any election court . . . to have been guilty of any corrupt 
 practice in reference to an election, whether such person has obtained a 
 certificate of indemnity or not, it shall be the duty of the Director of 
 Public Prosecutions to bring the matter before the Inn of Court, High 
 Court, or tribunal having power to take cognizance of any misconduct 
 of such person in his profession, and such Inn of Court, High Court, or 
 tribunal may deal with such person in like manner as if such corrupt 
 practice were misconduct by such person in his profession. 
 
 (8) With respect to a person holding a license or certificate under the 
 Licensing Acts (in this section referred to as a licensed person) the 
 following provisions shall have effect :-— 
 
 (a) If it appear to the court by which any licensed person is con- 
 victed of the offence of bribery or treating that such offence 
 was committed on his licensed premises, the court shall direct 
 such conviction to be entered in the proper register of licenses : 
 
 (0) If it appears to an election court . . . that a licensed person 
 has knowingly suffered any bribery or treating in reference to 
 any election to take place upon his licensed premises, such 
 court . . . (subject to the provisions of this Act as to a 
 person having an opportunity of being heard by himself and 
 producing evidence before being reported) shall report the 
 same ; and, whether such person obtained a certificate of indem- 
 nity or not, it shall be the duty of the Director of Public 
 Prosecutions to bring such report before the licensing justices 
 from whom or on whose certificate the licensed person obtained 
 his license, and such licensing justices shall cause such report 
 to be entered in the proper register of licenses : 
 
 (c) Where an entry is made in the register of licenses of any such 
 conviction of or report respecting any licensed person as above 
 in this section mentioned, it shall be taken into consideration 
 by the licensing justices in determining whether they will or 
 will not grant to such person the renewal of his license or 
 
 certificate, and may be a ground, if the justices think fit, for 
 refusing such renewal. 
 
 x % % * % 
 
 FOURTH SCHEDULE. 
 Form of Declaration by Candidate as to Expenses. 
 
 I , having been a candidate at the election of councillor for — 
 the borough [or ward] of , on the day of fand 
 
 my agents] do hereby solemnly and sincerely declare that I have paid 
 for my expenses at the said election, and that, except as afore- 
 
47 ¢ 48 Vict. c. 70. 
 
 339 
 
 said, I have not, and to the best of my knowledge and belief, no person, Sched, 4. 
 
 nor any club, society, or association, has on my behalf, made any pay- 
 ment, or given, promised, or offered any reward, office, employment, or 
 valuable consideration, or incurred any liability on account of or in 
 respect of the conduct or management of the said election. 
 
 And I further solemnly and sincerely declare that, except as aforesaid, 
 no money, security, or equivalent for money, has to my knowledge or 
 belief been paid, advanced, given or deposited by anyone to or in the 
 hands of myself, or any other person, for the purpose of defraying any 
 expenses incurred on my behalf on account of or in respect of the 
 conduct or management of the said election. 
 
 And I further solemnly and sincerely declare that I will not at any 
 future time make or be a party to the making or giving of any payment, 
 reward, office, employment, or valuable consideration for the purpose of 
 defraying any such expenses as last mentioned, or provide or be a party 
 to the providing of any money, security, or equivalent for money for the 
 
 purpose of defraying any such expenses. 
 
 (Signature of declarant) C.D. 
 Signed and declared by the above-named declarant on the day 
 of , before me. 
 (Signed) ELF. 
 Justice of the Peace for ° 
 
 GENERAL RULES. 
 
 The following are the General Rules made pursuant to the 
 Municipal Corporations Act, 1882, section 100, and the Muni- 
 cipal Elections (Corrupt Practices) Act, 1884, section 30, ante. 
 
 I. The presentation of a Municipal Election Petition shall be made by 
 leaving it at the office of the Master for the time being nominated as pre- 
 scribed officer, under the Parliamentary Elections Act, 1868, and such Master 
 or his clerk shall (if required) give a receipt, which may be in the following 
 form :— 
 
 Received on the day of at the Master’s office a petition 
 touching the election of A.B., alderman, councillor, [ &c., as the case 
 may be| for the borough of purporting to be signed by 
 
 [insert the names of petitioners]. 
 C.D., Master’s Clerk. 
 
 With the petition shall also be left a copy thereof for the Master to send to 
 the town clerk, pursuant to section 88, sub-section (3), of the Act. 
 II. A municipal election petition shall contain the following statements : 
 
 (1) It shall state the right of the petitioner or petitioners to petition within 
 section 88, sub-section (1), of the Act. 
 
 (2) It shall state the holding and result of the election, and shall briefly 
 state the facts and grounds relied on to sustain the prayer. 
 
 7, 2 
 
340 
 Rule 3. 
 
 General Rules. 
 
 III. The petition shall be divided into paragrapks, each of which, as nearly 
 as may be, shall be confined to a distinct portion of the subject, and every 
 paragraph shall be numbered consecutively, and no costs shall be allowed of 
 drawing or copying any petition not substantially in compliance with this 
 rule, unless otherwise ordered by the High Court or a judge thereof. 
 
 IV. The petition shall conclude with a prayer, as, for instance, that some 
 specified person should be declared duly returned or elected, or that the 
 election should be declared void, or that a return may be enforced, (as the 
 case may be,) and shall be signed by all the petitioners. 
 
 V. The following form, or one to the like effect, shall be sufficient :— 
 In the High Court of Justice, 
 “The Municipal Corporations Act, 1882.” 
 
 Election for [state the place and office for which election held], holden on 
 the day of A.D. 
 The petition of A. of [or of A. of 
 , and BP. of 
 as the case may be] whose names are subscribed. 
 
 (1) Your petitioner A. is a person who voted [o7 had a right to vote, as the 
 case may be,| at the above election [or was a candidate at the above election | ; 
 and your petitioner B. [here state in like manner the right of each petitioner |, 
 
 (2) And your petitioners state that the election was holden on the 
 
 day of A.D. , when A.B., C.D., and #.F. were candidates, 
 and that A.B. and C.D. have been in the usual manner declared to be duly 
 elected. 
 
 (3) And your petitioners say that [ here state the facts and grounds on which 
 the petitioners rely |. 
 
 Wherefore your petitioners pray that it may be determined that the said 
 A.B. was not duly elected, and that the election was void [07 that the said 
 HF. was duly elected and ‘ought to have been returned, 07 as the case 
 may be). (Signed) 
 
 A. 
 
 B. 
 
 VI. Evidence need not, be stated in the petition, but the High Court or a 
 judge thereof may order such particulars as may be necessary to prevent 
 surprise and unnecessary expense, and to insure a fair and effectual trial in 
 the same way as in ordinary proceedings in the said High Court, and’ upon 
 such terms as to costs and otherwise as may be ordered. 
 
 An order for particulars of the corrupt practices alleged in a municipal 
 election petition was made at chambers in the following form :—That the 
 petitioners do within. a week deliver to the respondents particulars of all the 
 persons alleged to have been bribed or treated, by whom, and when and where ; 
 
 -and of all the persons alleged to have been retained or employed as canvassers 
 
 and by whom, and when and where ; and of all persons to whom money was 
 paid or agreed to be paid, on account of the conveyance of voters to the poll, 
 and by whom, and when, and where such moneys were paid or agreed to be 
 paid. On appeal to the court, the order was varied by inserting the words 
 “as far as is known” at the end of each item of the particulars. Maude vy. 
 Lowley, 38 J. P. 280. 
 
 Where a judge in chambers ordered a petitioner to furnish particulars of 
 his charges against the respondent ten clear days before the hearing of the 
 
General Rules. 
 
 341 
 
 petition, the Divisional Court refused to interfere with the order. Barrow- Rule 6. 
 
 in-Furness Election Petition, Times Report, vol. ii. p. 356. The ordinary 
 time for delivery of particulars is seven days before the trial. Lenham v. 
 Barber, 48 J. P. 23. 
 
 VII. When a petitioner claims the office for an unsuccessful candidate, 
 alleging that he had a majority of lawful votes, the party complaining of or 
 defending the election shall, six days before the day appointed for trial 
 deliver to the Master and also at the address, if any, given by the petitioners 
 and respondent, as the case may be, a list of the votes intended to be objected 
 to, and the heads of objection to each such vote, and the Master shall allow 
 inspection and office copies of such lists to all parties concerned ; and no 
 evidence shall be given against the validity of any vote, nor upon any head of 
 objection not specified in the list, except by leave of the High Court or a 
 judge thereof, upon such terms as to amendment of the list, postponement of 
 the inquiry, and payment of costs, as may be ordered, 
 
 The trial of a municipal election petition was appointed for the 20th 
 January. A list of objections was tendered at the Rule Office of the Common 
 Pleas on the 13th January, and refused on the ground that it was too late, and 
 it was taken away by the person tendering it. On the 14th a list of objections 
 was left at the Rule Office, and one was also delivered to the respondent. It 
 was held that the list was not delivered in due time according to the rule, and 
 that the court had no jurisdiction to order delivery nune pro tune under the 
 last clause of the rule, Wield v. Batty, 38 J. P. 264. 
 
 VIII. When the respondent in a petition under the Act complaining of an 
 undy, election, and claiming the office for some person, intends to give 
 evidence to prove that the election of such person was undue, pursuant to the 
 93rd section of the Act, sub-section (10), such respondent shall, six days before 
 the day appointed for trial, deliver to the Master, and also at the address, if 
 any, given by the petitioner, a list of the objections to the election upon which 
 he intends to rely, and the Master shall allow inspection and office copies of 
 such list to all parties concerned; and no evidence shall be given by a 
 respondent of any objection to the election not specified in the list, except by 
 leave of the High Court or a judge thereof, upon such terms as to amendment 
 of the list, postponement of the inquiry, and payment of costs as may be 
 ordered. 
 
 IX. With the petition the petitioner or petitioners shall leave at the office 
 of the Master a writing, signed by him or them or on his or their behalf, 
 giving the name of some person entitled to practise as a solicitor in the High 
 Court of Justice, whom he or they authorise to act as his or their agent, or 
 stating that he or they act for himself or themselves, as the case may be, and 
 in either case giving an address, within three miles from the General Post 
 Office, at which notices addressed to him or them may be left; and if no such 
 writing be left or address given, then notice of objection to the recognizances, 
 and all other notices and proceedings may be given by sticking up the same at 
 the Master’s office. 
 
 X. Any person elected to any municipal office may at any time after he is 
 elected send to or leave at the office of the Master a writing, signed by him 
 or on his behalf, appointing a person entitled to practise as a solicitor in the 
 
342 
 
 General Rules. 
 
 Rule 10, High Court of Justice, to act as his agent in case there should bea petition 
 
 against him, or stating that he intends to act for himself, and in either case 
 giving an address within three miles from the General Post Office at which 
 notices may be left, and in default of such writing being left in a week after 
 service of the petition, notices and proceedings may be given and served 
 respectively by sticking up the same at the Master’s office, 
 
 XI. The Master shall keep a book or books at his office, in which he shall 
 enter all addresses and the names of agents given under either of the pre- 
 
 ceding rules, which book shall be open to inspection by any person during 
 office hours, 
 
 XII. The Master shall, upon the presentation of the petition, forthwith send 
 a copy of the petition to the town clerk, pursuant to section 88 of the Act, 
 sub-section (3), and shall therewith send the name of the petitioner’s agent, if 
 any, and the address, if any, given as prescribed, and also the name of the 
 respondent’s agent, and the address, if any, given as prescribed, and the town 
 clerk shall forthwith publish those particulars along with the petition. 
 
 The cost of publication of this and any other matter required to be 
 published by the town clerk shall be paid by the petitioner or person moving 
 in the matter, and shall form part of the general cost of the petition. 
 
 XIII. The time for giving notice of the presentation of a petition and of 
 
 the nature of the proposed security shall be five days, exclusive of the day of 
 presentation, 
 
 XIV. Where the respondent has named an agent or given an address, the 
 service of a municipal election petition may be by delivery of it to the agent, 
 or by posting it in a registered letter to the address given at such time 
 
 that, in the ordinary course of post, it would be delivered within the pre- 
 scribed time. 
 
 In other cases the service must be personal on the respondent, unless a 
 
 judge of the High Court, on an application made to him not later than five 
 days after the petition is presented on affidavit, showing what has been done, 
 shall be satisfied that all reasonable effort has been made to effect personal 
 service and cause the matter to come to the knowledge of the respondent, in 
 which case the judge may order that what has been done shall be considered 
 sufficient service, subject to such conditions as he may think reasonable. An 
 agent employed for the petitioner or respondent shall forthwith leave written 
 notice at the office of the Master of his appointment to act as such agent, and 
 
 service of notices and proceedings upon such agent shall be sufficient for all 
 purposes, 
 
 XV. In case of evasion of service the sticking up a notice in the office of 
 the Master of the petition having been presented, stating the petitioner, the 
 prayer, and the nature of the proposed security, shall be deemed equivalent to 
 personal service if so ordered by a judge. 
 
 XVI. The deposit of money by way of security for payment of costs, charges, 
 and expenses payable by the petitioner, shall be made by payment into the 
 Bank of England to an account to be opened there by the description of “The 
 
if 
 
 General Rules. 
 
 343 
 
 Municipal Corporations Act, 1882, Security Fund,” which shall be vested in Rule 16, 
 
 and drawn upon from time to time by the Lord Chief Justice of England for 
 the time being, for the purposes for which security is required by the said Act, 
 and a bank receipt or certificate for the same shall be forthwith left at the 
 Master’s office. 
 
 XVII. The Master shall file such receipt or certificate, and keep a book 
 open to inspection of all parties concerned, in which shall be entered from 
 time to time the amount and the petition to which it is applicable. 
 
 XVIII. All claims at law or in equity to money so deposited or to be 
 deposited in the Bank of England shall be disposed of by the High Court of 
 Justice or a judge thereof. 
 
 XIX. Money so deposited shall, if and when the same is no longer needed 
 for securing payment of such costs, charges, and expenses, be returned or 
 otherwise disposed of as justice may require, by rule of the High Court, or 
 order of a judge thereof. : 
 
 XX. Such rule or order may be made after such notice of intention to 
 apply, and proof that all just claims have been satisfied or otherwise sufficiently 
 provided for, as the Court or judge may require. 
 
 XXI. The rule or order may direct payment either to the party in whose 
 name the same is deposited, or to any person entitled to receive the same. 
 
 XXII. Upon such rule or order being made, the amount may be drawn for 
 by the Lord Chief Justice of England for the time being. : 
 
 XXIII. The draft of the Lord Chief Justice of England for the time being 
 shall in all cases be a sufficient warrant to the Bank of England for all pay- 
 ments made thereunder, 
 
 XXIV. The recognizance as security for costs may be acknowledged before 
 a judge of the High Court or the Master in town, or a justice of the peace in 
 the country. 
 
 There may be one recognizance acknowledged by all the sureties, or separate 
 recognizances by one or more, as may be convenient. 
 
 XXV. The recognizance shall contain the name and usual place of abode 
 of each surety, with such sufficient description as shall enable him to be found 
 or ascertained, and may be as follows :— 
 
 Be it remembered that on the day of , in the 
 year of our Lord 18 , before me [xame and description] came A.B., of 
 [name and description as above prescribed | and acknowledged himself [07 
 severally acknowledged themselves] to owe to our Sovereign Lady the Queen 
 the sum of five hundred pounds [or the following sums], (that is to say) the 
 
 said C.D. the sum of £ , the said HF’. the sum 
 of £ , the said G.H. the sum of £ ) 
 and the said J.K. the sum of £ , to be levied on his [07 
 
 their respective | goods and chattels, lands, and tenements, to the use of our 
 said Sovereign Lady the Queen, her heirs and successors. 
 
 The condition of this recognizance is that if [here insert the names of all 
 the petitioners, and if more than one, add, or any of them] shall well and 
 
344 
 
 General Rules. 
 
 Rule 25, truly pay all costs, charges, and expenses in respect of the election petition 
 
 signed by him [or them] relating to the [here insert the name of the borough] 
 which shall become payable by the petitioner [or petitioners, or any of them | 
 under the Municipal Corporations Act, 1882, to any person or persons, then 
 this recognizance to be void, otherwise to stand in full force. 
 Signed, 
 [Signature of Sureties. | 
 Taken and acknowledged by the above-named [name of sureties] on the 
 at , before me, 
 C.D. 
 A Justice of the Peace [om, as the case may be}. 
 
 XXVI. The recognizance or recognizances shall be left at the Master’s 
 office, by or on behalf of the petitioner, in like manner as before prescribed for 
 the leaving of a petition forthwith after being acknowledged. 
 
 The security may (unless the High Court or a judge thereof shall otherwise 
 order on summons) be given to any amount not less than 300/.; but the High 
 Court or a judge thereof may, on summons taken out within five days from 
 the service of the notice of the nature and amount of the security, order that 
 the same shall be increased within a time to be fixed in the order by further 
 security to be given in the manner directed by the Act, for a further amount, 
 not exceeding with the amount for which security shall have been already 
 given, 500/, And in default of compliance with such order, no further pro- 
 ceedings shall be had on the petition. 
 
 XXVII. The time for giving notice of any objection to a recognizance 
 under the 89th section of the Act, sub-section (4), shall be within five days 
 from the date of service of the notice of the petition and of the nature of the 
 security, exclusive of the day of service, or in case of further security within 
 five days after service of notice of the nature thereof, exclusive of the day ot 
 such service, 
 
 XXVIII. An objection to the recognizance must state the ground or grounds 
 thereof, as that the sureties, or any and which of them, are sufficient, or that 
 a surety is dead, or that he cannot be found, or that a person named in the 
 recognizance has not duly acknowledged the same. 
 
 XXIX. Any objection made to the security shall be heard and decided by 
 the Master, subject to appeal within five days to a judge, upon summons taken 
 out by either party to declare the security sufficient or insufficient. 
 
 XXX. Such hearing and decision may be either upon affidavit or personal 
 examination of witnesses, or both, as the Master or judge may think fit. 
 
 XXXI. If an objection be allowed and the security be declared insufficient, 
 the Master or judge shall in his order state what amount he deems requisite to 
 make the security sufficient, and the further prescribed time to remove the 
 objection by deposit shall be within five days from the date of the order, not 
 
 including the day of the date, and such deposit shall be made in the manner 
 already prescribed. 
 
 XXXII. The costs of hearing and deciding the objections made to the 
 security given shall be paid as ordered by the Master or judge, and in default 
 of such order shall form part of the general costs of the petition, 
 
General Rules. 
 
 345 
 
 XXXIIL. The costs of hearing and deciding an objection upon the ground Rule le 33. 
 
 of insufficiency of a surety or sureties, shall be paid by the petitioner, and a 
 clause to that effect shall be inserted in the order declaring its sufficiency or 
 insufficiency, unless at the time of leaving the recognizance with the Master 
 there be also left with the Master an affidavit of the sufficiency of the surety 
 or sureties sworn by each surety before a justice of the peace, which affidavit 
 any justice of the peace is hereby authorised to take, or before some person 
 authorised to take affidavits in the High Court of Justice that he is seised or 
 possessed of real or personal estate, or both, above what will satisfy his debts, 
 of the clear value of the sum for which he is bound by his recognizance, which 
 affidavit may be as follows: 
 
 In the High Court of Justice. 
 
 Municipal Corporations Act, 1882. 
 I, A.B., of [as in recognizance | make oath and say that I am 
 
 seised or possessed of real [07 personal] estate above what will satisty 
 my debts, of the clear value of £ ; 
 
 Sworn, Jc. 
 
 XXXIV. The order of the Master for payment of costs shall have the same 
 force as an order made by a judge, and may be enforced in like manner as a 
 judge’s order in an ordinary proceeding in the High Court of Justice, 
 
 XXXV. A copy of every order (other than an order giving further time 
 for delivering particulars, or for costs only), or, if the Master shall so direct, 
 the order itself, or a duplicate thereof, also a copy of every particular deli- 
 vered, shall be forthwith filed with the Master, and the same shall be produced 
 at the trial by the Registrar, stamped with the official seal. Such order shall 
 be filed by the party obtaining the same, and such particular by the party 
 delivering the same, 
 
 XXXVI. The petitioner or his agent shall, immediately after notice of the 
 presentation of a petition and of the nature of the proposed security shall 
 have been served, file with the Master an affidavit of the time and manner of 
 service thereof. 
 
 XXXVII. The days mentioned in Rules VII. and VIIL., and in any rule of 
 court or judge’s order, whereby particulars are ordered to be delivered, or any 
 act is directed to be done, so many days before the day appointed for trial, 
 shall be reckoned exclusively of the day of delivery, or of doing the act 
 ordered and the day appointed for trial, and exclusively also of Sunday, 
 Christmas Day, Good Friday, and any day set apart for a public fast or public 
 thanksgiving. 
 
 XXXVIII. When the last day for presenting petitions, or filing lists of 
 votes or objections, under Rules VII. and VIII., or recognizances, or any other 
 matter required to be filed within a given time, shall happen to fall on a 
 holiday, the petition or other matter shall be deemed duly filed if put into the 
 letter box at the Master’s office at any time during such day; but an affidavit, 
 stating with reasonable precision the time when such delivery was made, shall 
 be filed on the first day after the expiration of the holidays. 
 
 XXXIX. The Master shall make out the municipal election list. In it he 
 shall insert the names of the agents of the petitioners and respondents, and 
 
346 
 
 General Rules. 
 
 Rule 39, the addresses to which notices may be sent, if any. The list may be inspected 
 
 at the Master’s office at any time during office hours, and shall be put up for 
 that purpose upon a notice board appropriated to proceedings under the said 
 Act, and beaded “ Municipal Election List.” : 
 
 XL. The time of the trial of each municipal election petition shall be fixed 
 by the election judges on the rota or any one of them, who shall signify the 
 same to the Master, and notice thereof shall be given in writing by the Master 
 by sticking notice up in his office, sending one copy by post to the address 
 given by the petitioner, another to the address given by the respondent, if any, 
 and a copy by the post to the town clerk of the borough to which the petition 
 relates, fifteen days before the day appointed for the trial. 
 
 The town clerk shall forthwith publish the same in the borough. 
 
 XLI. The sticking up of the notice of trial at the office of the Master shall 
 be deemed and taken to be notice in the prescribed manner within the meaning 
 of the Act, and such notice shall not be vitiated by any miscarriage of or 
 relating to the copy or copies thereof to be sent as already directed. 
 
 XLII. The notice of trial may be in the following form :— 
 
 Municipal Corporations Act, 1882. 
 Election petition of 
 
 Borough of 
 Take notice that the above petition [07 petitions] will be tried 
 at on the day of and on such other 
 subsequent days as may be needful. 
 Dated the 
 
 Signed, by order, 
 A.B., 
 The Master appointed under the above Act. 
 
 XLII. A judge may from time to time, by order made upon the application 
 of a party to the petition, or by notice in such form as the judge may direct to 
 be sent to the town clerk, postpone the beginning of the trial to such day as he 
 may name, and such notice when received shall be forthwith made public by 
 the town clerk. 
 
 XLIV. In the event of the barrister to whom the trial of the petition is 
 assigned not having arrived at the time appointed for the trial, or to which 
 the trial is postponed, the commencement of the trial shall ipso facto stand 
 adjourned to the ensuing day, and so from day to day. 
 
 XLV. No formal adjournment of the court for the trial of a municipal 
 election petition shall be necessary, but the trial is to be deemed adjourned, 
 and may be continued from day to day until the inquiry is concluded. 
 
 XLVI. After receiving notice of the petitioner’s intention to apply for 
 leave to withdraw, or of the respondent’s intention not to oppose, or of the 
 abatement of the petition by death, or of the happening of any of the events 
 mentioned in the 97th section of the Act, if such notice be received after 
 notice of trial shall have been given, and before the trial has commenced, the 
 Master shall forthwith countermand the notice of trial. The countermand 
 shall be given in the same manner, as near as may be, as the notice of trial, 
 
General Rules. 
 
 347 
 
 XLVII. If all the respondents shall give notice of their intention not to Rule 47, 
 
 oppose the petition, and no other person shall be admitted as a respondent, the 
 High Court of Justice, or a judge, may either declare the election void or 
 direct the trial to proceed. Notice of such order shall be forthwith given by 
 the Master to the town clerk, and if the election be declared void the office 
 shall be deemed to be vacant from the first day (not being a dies non) after 
 the date of such order. 
 
 The court or judge may also make such order as to costs as may be just. 
 
 XLVIII. The application to state a special case may be made by motion in 
 the High Court of Justice, or by a summons before a judge thereof, 
 
 XLIX. The title of the court held for the trial of a municipal election 
 petition may be as follows :— 
 ‘Court for the trial of a municipal election petition for the borough 
 
 of [or as may be] between petitioner 
 and respondent,” 
 
 and it shall be sufficient so to entitle all proceedings in that’ court. 
 
 L. An officer shall be appointed for each court for the trial of a municipal 
 election petition by the election judges, at the time that they assign the 
 petition to the barrister ; such officer shall attend at the trial in like manner 
 as the clerks of assize and of arraigns attend at the assizes. 
 
 Such officer may be called the registrar of that court. He, by himself, or, 
 in case of need, his sufficient deputy, shall perform all the functions incident 
 to the officer of a court of record, and also such duties as may be prescribed to 
 him, 
 
 LI. The Commissioner may appoint a proper person to act as crier and 
 officer of the court. 
 
 LI. The shorthand writer to attend at the trial of a petition shall be the 
 shorthand writer to the House of Commons for the time being or his deputy, 
 and the Master shall send a copy of the notice of trial to the said shorthand 
 writer to the House of Commons, 
 
 LI]. The amount to be paid to any witness whose expenses shall be allowed 
 by the Commissioner trying the petition shall be ascertained and certified by 
 the registrar; or in the event of his becoming incapacitated from giving such 
 certificate, by the Commissioner. 
 
 LIV. The order of the court to compel the attendance of a person as a 
 witness may be in the following form:— 
 
 Court for the trial of a municipal election petition for [ complete the 
 
 title of the court] the day of . 
 To A.B. [describe the person]. You are hereby required to attend 
 before the court above at [ place] on day of 
 
 at the hour of [or forthwith, as the case may be], to be examined as a 
 witness in the matter of the said petition, and to attend the said court 
 until your examination shall have been completed. 
 As witness my hand, A.B., 
 The Commissioner to whom the trial of the said petition 
 is assigned. 
 
348 
 Rule 55. 
 
 General Rules. 
 
 LV. In the event of its being necessary to commit any person for contempt, 
 the warrant may be as follows :— 
 
 At a court holden on at for the trial of 
 a municipal election petition for the borough of 
 before A.B., one of the barristers appointed for the trial of muni- 
 cipal election petitions, pursuant to “The Municipal Corporations 
 Act, 1882.” 
 
 Whereas C.D. has this day been guilty, and is by the said court adjudged 
 to be guilty, of a contempt thereof. The said court does therefore sentence 
 the said C.D. for his said contempt to be imprisoned in the gaol 
 for calendar months [07 as may be], and to pay to our Lady the 
 Queen a fine of £ , and to be further imprisoned in the said gaol 
 until the said fine be paid, and the court further orders that the sheriff of the 
 borough [if any, or as the case may be], and all constables and officers of the 
 peace of any county, borough, or place where the said CD. may be found, 
 shall take the said C.D. into custody and convey him to the said gaol, and 
 there deliver him into the custody of the gaoler thereof, to undergo his said 
 sentence; and the court further orders the said gaoler to receive the said C.D. 
 into his custody, and that he shall be detained in the said gaol in pursuance of 
 the said sentence. 
 
 A.B. 
 
 Signed the day of 
 A.B. 
 
 LVI. Such warrant may be made out and directed to the sheriff or other 
 person having the execution of process of the High Court, as the case may be, 
 and to all constables and officers of the peace of the county, borough, or place 
 where the person adjudged guilty of contempt may be found, and such warrant 
 shall be sufficient without further particularity, and shall and may be executed 
 by the person to whom it is directed or any or either of them, 
 
 LVII. All interlocutory questions and matters, except as to the sufficiency 
 of the security, shall be heard and disposed of before a judge, who shall have 
 the same control over the proceedings under the Municipal Corporations Act, 
 1882, as a judge in the ordinary proceedings of the High Court, and such 
 questions and matters shall be heard and disposed of by any judge of the High 
 Court. 
 
 LVIII. Notice of an application for leave to withdraw a petition shall be in 
 writing, and signed by the petitioners or their agent. 
 It shall state the ground on which the application is intended to be 
 supported. 
 The following form shall be sufficient:— 
 ' Municipal Corporations Act, 1882. 
 Borough of . Petition of [state petitioners | 
 presented day of 
 The petitioner proposes to apply to withdraw his petition upon the 
 following ground [here state the grownd |, and prays that a day may be 
 appointed for hearing his application. 
 Dated this day of 
 (Signed) 
 
 LIX. The notice of application for leave to withdraw shall be left at the 
 Master’s oftice. 
 
General Rules. 
 
 349 
 
 LX. A copy of such notice of the intention of the petitioner to apply for Rule 60. 
 
 leave to withdraw his petition shall be given by the petitioner to the respondent, 
 and to the town clerk, who shall cause the same to be published in the borough 
 to which it relates. 
 
 The following may be the form of such notice :— 
 Municipal Corporations Act, 1882. 
 In the election petition for in which 
 is petitioner and 
 respondent. 
 
 Notice is hereby given, that the above petitioner has on the 
 day of lodged at the Master’s office notice of an application 
 to Say the petition, of which notice the following is a copy [set 
 at out |. 
 
 And take notice, that by the rule made by the judges, any person who 
 might have been a petitioner in respect of the said election may, within 
 five days after publication by the town clerk of this notice, give notice 
 in writing of his intention on the hearing to apply for leave to be sub- 
 stituted as a petitioner. 
 
 (Signed) 
 
 LXI. Any person who might have been a petitioner in respect of the election 
 to which the petition relates, may, within five days after such notice is pub- 
 lished by the returning officer, give notice in writing, signed by him or on his 
 behalf, to the Master of his intention to apply at the hearing to be substituted 
 for the petitioner, but the want of such notice shall not defeat such application 
 if in fact made at the hearing. 
 
 LXII. The time and place for hearing the application shall be fixed by a 
 judge, and whether before the High Court, or before a judge, as he may deem 
 advisable, but shall not be less than a week after the notice of the intention to 
 apply has been given to the Master as hereinbefore provided, and notice of the 
 time and place appointed for the hearing shall be given to such person or 
 persons, if any, as shall have given notice to the Master of an intention to apply 
 to be substituted as petitioners, and otherwise in such manner and at such time 
 as the court or judge directs. 
 
 LXIII. Notice of abatement of a petition, by death of the petitioner or 
 surviving petitioner, under section 96, sub-section (1), of the said Act, shall be 
 given by the party or person interested in the same manner as a notice of an 
 application to withdraw a petition, and the time within which application may 
 be made to the High Court, or a judge thereof, by motion or summons at 
 chambers, to be substituted as a petitioner, shall be one calendar month, or 
 such further time as upon consideration of any special circumstances the High 
 Court or a judge thereof may allow. 
 
 LXIV. If the respondent dies, any person entitled to be a petitioner under 
 the Act in respect of the election to which the petition relates, may give notice 
 of the fact in the borough by causing such notice to be published in at least 
 one newspaper circulating therein, if any, and by leaving a copy of such notice 
 signed by him or on his behalf with the town clerk, and a like copy with the 
 Master. 
 
 LXV. The manner of the respondent’s giving notice that he does not intend 
 to oppose the petition shall be by leaving notice thereof in writing at the office 
 of the Master signed by the respondent. 
 
850 
 Rule 66. 
 
 General Rules. 
 
 LXVI. Upon such notice being left at the Master’s office, the Master shall 
 forthwith send a copy thereof by the post to the petitioner or his agent, and to 
 the town clerk, who shall cause the same to be published in the borough. 
 
 LXVII. The time for applying to be admitted as a respondent in either of 
 the events mentioned in the 97th section of the Act shall be within ten days 
 after such notice is given as hereinbefore directed, or such further time as the 
 High Court or a judge thereof may allow. 
 
 LXVIII. Costs shall be taxed by the Master, or at his request by any 
 Master of the superior court upon the rule of court or judge’s order by which 
 the costs are payable, and costs when taxed may be recovered in like manner as 
 if payable under a rule of court, judgment, or order of a judge in the ordinary 
 proceedings in the High Court of Justice, or in case there be money in the 
 bank available for the purpose, then to the extent of such money by order of 
 the Lord Chief Justice of England for the time being. 
 
 The office fees payable for inspection, office copies, enrolment, and other 
 proceedings under the Act and these rules, shall be the same as those payable, 
 if any, for like proceedings according to the present practice of the High Court 
 of Justice. 
 
 LXIX. No proceedings under the Municipal Corporations Act, 1882, shall 
 be defeated by any formal objection. 
 
 LXX. Any rule made or to be made in pursuance of the Act shall be pub- 
 lished by a copy thereof being put up at the Master’s office. 
 
 Dated the 17th day of April, 1883. 
 
 C. E. PoLuLocK, 
 H. MANISTY, 
 HENRY C. LOPEs, 
 The Judges for the time being on the rota for the 
 trial of Parliamentary Election Petitions. 
 
. 
 
 351 
 
 THE BALLOT ACT, 1872. 
 (85 & 36 VICT. Cap. 33.) 
 
 An Act to amend the Law relating to Procedure at Parliamentary 
 and Municipal Elections. [18th July, 1872.] 
 
 WHEREAS it is expedient to amend the law relating to proce- 
 dure at parliamentary and municipal elections: 
 
 Be it enacted by the Queen’s most excellent Majesty, by and 
 with the advice and consent of the Lords Spiritual and Tem- 
 poral, and Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 This Act is applied to municipal elections, and therefore to elections of 
 county councillors, by the Municipal Corporations Act, 1882, section 58, and 
 Schedule 3, Part IIT. ante. See also the provisions of the Act itself as to its 
 application to municipal elections. 
 
 Only those portions of the Act which apply to elections of county councillors 
 are set out in the following pages. 
 
 Poll at 
 
 9. In the case of a poll at an election the votes shall be 
 elections, 
 
 given by ballot. The ballot of each voter shall consist of a 
 paper (in this Act called a ballot paper) showing the names and 
 description of the candidates. Each ballot paper shall have a 
 number printed on the back, and shall have attached a counter- 
 foil with the same number printed on the face. At the time of 
 voting, the ballot paper shall be marked on both sides with an 
 official mark, and delivered to the voter within the polling 
 ‘ station, and the number of such voter on the register of voters 
 shall be marked on the counterfoil, and the voter having 
 secretly marked his vote on the paper, and folded it upso as to 
 conceal his vote, shall place it in a closed box in the presence 
 of the officer presiding at the polling station (in this Act called 
 ‘the presiding officer”) after having shown to him the official 
 mark at the back. 
 * Any ballot paper which has not on its back the official mark, 
 or on which votes are given to more candidates than the voter 
 is entitled to vote for, or on which anything, except the said | 
 number on the back, is written or marked by which the voter 
 can be identified, shall be void and not counted. 
 After the close of the poll the ballot boxes shall be sealed up, 
 so as to prevent the introduction of additional ballot papers, 
 
852 
 Sect. 2. 
 
 Offences in 
 respect of 
 nomi- 
 nation 
 papers, 
 ballot 
 papers, 
 and ballot 
 boxes. 
 
 The Ballot Act, 1872. 
 
 and shall be taken charge of by the returning officer, and that 
 officer shall, in the presence of such agents, if any, of the can- 
 didates as may be in attendance, open the ballot boxes, and 
 ascertain the result of the poll by counting the votes given to 
 each candidate, and shall forthwith declare to be elected the 
 candidates or candidate to whom the majority of the votes have 
 been given, and return their names to the Clerk of the Crown 
 in Chancery. The decision of the returning officer as to any 
 question arising in respect of any ballot paper shall be final, 
 subject to reversal on petition questioning the election or 
 return. 
 
 Where an equality of votes is found to exist between any 
 candidates at an election for a county or borough, and the 
 addition of a vote would entitle any of such candidates to be 
 declared elected, the returning officer, if a registered elector of 
 such county or borough, may give such additional vote, but 
 shall not in any other case be entitled to vote at an election 
 for which he is returning officer. 
 
 The concluding paragraph of this section does not apply to elections of 
 
 county councillors. See the Municipal Corporations Act, 1882, Schedule 3, 
 Part III., rule 1. ante. 
 
 As to the validity of votes irregularly marked, &c., see the note to rule 36 in 
 the schedule, post.” 
 
 Offences at Elections. 
 
 3, Every person who,— 
 
 (1) Forges or fraudulently defaces or fraudulently destroys 
 any nomination paper, or delivers to the returning 
 officer any nomination paper, knowing the same to be 
 forged ;(a) or 
 
 (2) Forges or counterfeits or fraudulently defaces or fraudu- 
 lently destroys any ballot paper, or the official rete 
 on any ballot paper; or 
 
 (3) Without due authority supplies any ballot paper to any 
 person; or 
 
 (4) Fraudulently puts into any ballot box any paper other 
 than the ballot paper which he is authorised by law 
 to put in; or 
 
 (5) Fraudulently takes out of the polling station any ballot 
 paper; or 
 
L 
 
 85 ¢ 36 Vict. c, 33. 
 
 (6) Without due authority destroys, takes, opens, or other- 
 wise interferes with any ballot box or packet of ballot 
 papers then in use for the purposes of the election ; 
 
 shall be guilty of a misdemeanor, and be liable, if he is a 
 returning officer or an officer or clerk in attendance at a polling 
 station, to imprisonment for any term not exceeding two years, 
 with or without hard labour, and if he is any other person, to 
 imprisonment for any term not exceeding six months, with or 
 without hard labour. 
 
 Any attempt to commit any offence specified in this section 
 
 shall be punishable in the manner in which the offence itself is 
 
 - punishable. 
 
 In any indictment or other eta for an offence in 
 relation to the nomination papers, ballot boxes, ballot papers, 
 and marking instruments at an election, the property'in such 
 papers, boxes, and instruments may be stated to be in the 
 returning officer at such election, as well as the property in the 
 counterfoils. 
 
 (a) This sub-section does not apply to an election of county councillors; the 
 
 Municipal Corporations Act, 1882, section 74, ante, contains the corresponding 
 provision applicable to such an election. 
 
 4, Every officer, clerk, and agent in attendance at a polling 
 station shall maintain and aid in maintaining the secrecy of the 
 voting in such station, and shall not communicate, except for 
 some purpose authorised by law, before the poll is closed, to 
 any person any information as to the name or number on the 
 register of voters of any elector who has or has not applied for 
 a ballot paper or voted at that station, or as to the official mark, 
 
 and no such officer, clerk, or agent, and no person whomsocever, 
 
 shall interfere with, or attempt to interfere with a voter, when 
 marking his vote, or otherwise attempt to obtain in the polling 
 station information as to the candidate for whom any voter in 
 such station is about to vote or has voted, or communicate at 
 any time to any person any information obtained in a polling 
 station as to the candidate for whom any voter in such station 
 is about to vote or has voted, or as to the number on the back 
 
 of the ballot paper given to any voter at such station. Hvery 
 
 officer, clerk, and agent in attendance at the counting of the 
 
 votes shall maintain and aid in maintaining the secrecy of the 
 
 voting, and shall not attempt to ascertain at such counting the 
 
 number on the back of any ballot paper, or communicate any 
 2A 
 
 858 
 Sect. f 
 
 Infringe- 
 ment of 
 secrecy. 
 
Sect. 4. 
 
 Use of 
 school and 
 public 
 room for 
 poll, 
 
 The Ballot Act, 1872. 
 
 information obtained at such counting as to the candidate for 
 whom any vote is given in any particular ballot paper. No 
 person shall directly or indirectly induce any voter to display 
 his ballot paper after he shall have marked the same, so as to 
 make known to any person the name of the candidate for or 
 against whom he has so marked his vote. 
 
 Every person who acts in contravention of the provisions of 
 this section shall be liable, on summary conviction before two 
 justices of the peace, to imprisonment for any term not 
 exceeding six months, with or without hard labour. 
 
 Every officer, &c., is required by Schedule 1, rule 54, post, to make a declara- 
 tion of secrecy in the form contained in Schedule 2. 
 
 An information was laid against the respondent under the above section, 
 charging that he, being a personating agent duly appointed and in attendance 
 at a certain polling station in connection with a municipal election, did not 
 then and there maintain the secrecy of the voting in such station, but did then 
 and there communicate before the poll was closed to a certain person or 
 persons certain information, as to the names and numbers on the register of 
 voters of certain electors who had and had not applied for ballot-papers or 
 voted at that election. It appeared that the respondent having been appointed 
 personating agent, as stated in the information, attended at the polling booth 
 with a copy of the burgess-roll, and remained there some hours, placing a 
 mark against the name of each voter who obtained a ballot paper, and then 
 before the close of the poll left the station, taking with him his copy of the 
 burgess-roll, which he left in the committee room of the candidate by whom he 
 was employed. There was no proof that the copy of the burgess-roll was seen 
 by any person while in the room. Held, that there was not sufficient evidence 
 to warrant a conviction under the above section, as there was no proof that the 
 information as to the voters was actually communicated to any person, and it 
 was not enough that the means of acquiring such information were afforded 
 toany one. Stannanought v. Hazeldine, 4 C. P. D. 191; 48 L. J. M. C. 89; 
 40 L. T. (W.8.) 589; 27 W. R. 620; 43 J. P. 352. . 
 
 * % % % * 
 
 6, The returning officer at a parliamentary election may use, 
 free of charge, for the purpose of taking the poll at such election, 
 any room in a school receiving a grant out of moneys provided 
 by Parliament, and any room the expense of maintaining which 
 is payable out of any local rate, but he shall make good any 
 damage done to such room, and defray any expense incurred 
 by the person or body of persons, corporate or unincorporate, 
 having control over the same on account of its being used for 
 the purpose of taking the poll as aforesaid. 
 
 The use of any room in an unoccupied house for the purpose of 
 taking the poll shall not render any person liable to be rated or 
 to pay any rate for such house. 
 
 This section does not apply to municipal elections. See the Municipal 
 Corporations Act, 1882, Schedule 3, Part III., rule 1, ante. It does, however, 
 
35 ¢ 36 Vict. ¢. 83. 355 
 
 apply to elections of county councillors, and the schools and rooms above men- Sect. 6. 
 tioned may be used at such elections for the purpose of taking the poll and Norr, 
 hearing objections to nomination papers, and counting votes. See the Local ar 
 Government Act, section 75, sub-section (16), ante, p. 128. 
 
 * * *% % * 
 
 Duties of Returning and Election Officers. 
 
 8. Subject to the provisions of this Act, every returning seen 
 
 officer shall provide such nomination papers, polling stations, snd duties 
 ballot boxes, ballot papers, stamping instruments, copies of of return- 
 register of voters, and other things, appoint and pay such 8 ‘cer. 
 officers, and do such other acts and things as may be necessary 
 
 for effectually conducting an election in manner provided by 
 
 this Act. 
 
 It is the duty of the returning officer at an election of county councillors to 
 provide polling stations, &c., under this section. See the Municipal Corpora- 
 tions Act, 1882, Schedule 3, Part III. rule 3, ante. As to the providing of 
 nomination papers, see the same Act, Schedule 3, Part IL, rule 6. 
 
 The remainder of this section is not applicable to elections of county 
 councillors, 
 
 9, If any person misconducts himself in the polling station, ee ap of 
 
 or fails to obey the lawful orders of the presiding officer, he atattog) 
 
 may immediately, by order of the presiding officer, be removed 
 from the polling station by any constable in or near that station, 
 or any other person authorised in writing by the returning 
 officer to remove him; and the person so removed shall not, 
 unless with the permission of the presiding officer, again be 
 allowed to enter the polling station during the day. 
 
 Any person so removed as aforesaid, if charged with the 
 commission in such station of any offence, may be kept in 
 custody until he ean be brought before a justice of the peace. 
 
 Provided that the powers conferred by this section shall not 
 be exercised so as to prevent any elector who is otherwise 
 entitled to vote at any polling station from having an 
 opportunity of voting at such station. 
 
 A candidate has a general right to be present in a polling station, and he 
 
 cannot be excluded under this section, though he has not undertaken the duties 
 
 of an agent, unless he misconducts himself. Clementson v. Mason, L. R. 10 
 C. P. 209; 44 L. J. C. P. 171; 32 L. T. (w.8.) 325; 39 J. P. 360. 
 
 10. For the purpose of the adjournment of the poll, and of eae 
 every other enactment relating to the poll, a presiding officer officer and 
 2A 2 
 
356 
 Sect. 1 10. 
 
 adminis- 
 tration of 
 oaths, &c, 
 
 Liability 
 of officers 
 for mis- 
 conduct. 
 
 30 & 31 
 Vict.c. 102 
 
 The Ballot Act, 1872. 
 
 shall have the power by law belonging to a deputy returning 
 officer ; and any presiding officer and any clerk appointed by 
 the returning officer to attend at a polling station shall have 
 the power of asking the questions and administering the oath 
 authorised by law to be asked of and administered to voters, 
 and any justice of the peace and any returning officer may take 
 and receive any declaration authorised by this Act to be taken 
 before him. 
 
 As to the questions which may be put to voters, see the Municipal Corpora- 
 tions Act, 1882, section 59, ante. 
 As to the declaration of secrecy, see Schedule 1, rule 54, post. 
 
 1]. Every returning officer, presiding officer, and clerk who 
 is guilty of any wilful misfeasance, or any wilful act or omission 
 in contravention of this Act shall, in addition to any other 
 penalty or liability to which he may be subject, forfeit to any 
 person aggrieved by such misfeasance, act, or omission a penal 
 sum not exceeding one hundred pounds. 
 
 Section 50 of the Representation of the People Act, 1867 
 (which relates to the acting of any returning officer, or his 
 partner or clerk, as agent for a candidate), shall apply to any 
 returning officer or officer appointed by him in pursuance of 
 this Act, and to his partner or clerk. 
 
 This Act imposes a duty on the presiding officer at a polling station during 
 an election to deliver to the voters voting papers bearing the official mark 
 appointed under the Act for the election, and to be present during such election 
 at the polling station, so that the voters, before depositing their voting papers 
 in the ballot box, can show to him the official mark on the back of such papers, 
 in accordance with the statute. For breach of these duties, being merely 
 ministerial, an action will lie by a party aggrieved, e.g., who has thereby lost 
 the election through votes given to him being void for the official mark 
 without malice or want of reasonable care on the part of the defendant. If a 
 clerk be appointed by the returning officer to assist at the polling station, the 
 presiding officer may, by the Act, depute to such clerk so much of his duties as 
 he thinks fit, with certain specified exceptions. For the acts of commission or 
 omission of the clerk in the performance of the duties so delegated, the pre- 
 siding officer will not be responsible, inasmuch as he does not appoint the clerk, 
 and the relation of master and servant does not exist between them. Per 
 BOVILL, C.J., and GROVE, J.:—The Act does not impose on the presiding 
 officer the duty of ascertaining, before the voter deposits a voting paper in the 
 ballot box, whether the official mark is on such paper. Per KEATING and 
 BRETT, JJ.:—The statute does not impose such duty on the presiding officer. 
 Pickering v. James, L. R. 8 C. P. 489; 42 L. J. C. P. 217; 29 L. T. (.8.) 
 211; 21 W. R. 786; 37 J. P. 679. 
 
 The 30 & 31 Vict. c. 102, s. 50, provides that no returning officer nor his’ 
 
 deputy, nor any partner or clerk of either of them shall act as agent for any 
 candidate in the management and conduct of his election. . . and if he so 
 act he shall be guilty of a misdemeanor, 
 
35 & 36 Vict. c. 33, 307 
 
 Miscellaneous. 
 12. No person who has voted at an election shall, in any Sect. | 12. 
 legal proceeding to question the election or return, be required Pyohibi- 
 
 to state from whom he has voted. tion of 
 disclosure 
 
 A similar provision is contained in the Municipal Corporations Act, 1882, 4, vote 
 section 104, ante. ’ 
 
 13. No election shall be declared invalid by reason of a ahi: 
 plian 
 
 “non-compliance with the rules contained in the First Schedule yith rules, 
 to this Act, or any mistake in the use of the forms in the 
 
 Second Schedule to this Act, if it appears to the tribunal 
 
 having cognizance of the question that the election was con- 
 
 ducted in accordance with the principles laid down in the body 
 
 of this Act, and that such non-compliance or mistake did not 
 
 affect the result of the election. 
 
 At a municipal election for three councillors six burgesses were nominated 
 and one of them twice. In the ballot paper the name of each burgess nomi- 
 nated was printed, and that of the petitioner, who was twice nominated, was 
 twice printed, his description as given by the nominators somewhat differing, 
 so that there appeared to be seven candidates on the ballot paper in which the 
 petitioner’s name appeared, as No. 5 and No. 6, and there was nothing to 
 indicate on the ballot paper that Nos. 5 and 6 were the same person but the 
 similarity of the name. Of the voters who voted for petitioner some put their 
 crosses against both names, Nos. 5 & 6. By adding the numbers together, 
 after rejecting the eight who put their crosses to both Nos. 5 and 6, the peti- 
 tioner had a majority over the respondent Pulsford, who was declared to be 
 elected :—Held, that although the ballot paper was wrong in form, as the 
 petitioner’s name ought not to have appeared twice in it, the mistake did not 
 affect the result of the election, and was therefore cured by section 13 of the 
 Ballot Act, 1872 (35 & 36 Vict. c. 33), and that the votes against the peti- 
 tioner’s names, Nos. 5 and 6, might be counted together, there being nothing 
 to prevent it but the irregular form of the ballot paper. Northcote v. Pulsford, 
 L. R. 10 C. P. 476; 44 L. J.C. P. 217; 32 L. T. (W.8.) 102; 23 W. R. 700; 
 39 J. P. 487. 
 
 See also the cases cited in the notes to rule 36 of the Ist Schedule, post. 
 
 Use of 
 
 14, Where a parliamentary borough and municipal borough Use of 
 municipal 
 occupy the whole or any part of the same area, any ballot boxes pallot 
 or fittings for polling stations and compartments provided for boxes, &c., 
 such parliamentary borough or such municipal borough may Taneneene 
 be used in any municipal or parliamentary election in such election 
 
 borough free of charge, and any damage other than reasonable es 
 
 wear and tear caused to the same shall be paid as part of the 
 
 expenses of the election at which they are so used. 
 
 This section is applied to elections of county councillors by section 75 (19) 
 of the Local Government Act, incorporating 38 & 39 Vict. c. 84, 8. 6, ante, 
 p. 133. It is there provided that in any case to which the 14th section of the 
 Ballot Act, 1872, is applicable, it shall be the duty of the returning officer, so 
 far as is practicable, to make use of ballot boxes, fittings, and compartments 
 provided for municipal or school board elections, and the court, upon taxation 
 of his accounts, shall have regard to this provision. 
 
358 
 Sect. 15. 
 
 Constrac- 
 tion of 
 Act. 
 
 Definition 
 and 
 punish- 
 ment of 
 persona- 
 tion, 
 
 The Ballot Act, 1872. 
 
 15. This part of this Act shall, so far as is consistent with 
 
 the tenor thereof, be construed as one with the enactments for — 
 
 the time being in force relating to the representation of the 
 people and to the registration of persons entitled to vote at 
 the election of members to serve in Parliament, and with any 
 enactments otherwise relating to the subject-matter of this 
 part of this Act, and terms used in this part of this Act 
 
 shall have the same meaning as in the said enactments; and 
 
 in construing the said enactments relating to an election or to 
 the poll or taking the votes by poll, the mode of election and 
 of taking the poll established by this Act shall, for the purposes 
 of the said enactments, be deemed to be substituted for the 
 mode of election or poll, or taking the votes by poll, referred to 
 in the said enactments; and any person applying for a ballot 
 paper under this Act shall be deemed “to tender his vote,” or 
 ‘“‘to assume to vote,’ within the meaning of the said enact- 
 
 ments; and any application for a ballot paper under this Act, — 
 or expressions relative thereto, shall be equivalent to “‘ voting” — 
 
 in the said enactments and any expressions relative thereto ; 
 and the term ‘‘ polling booth,” as used in the said enactments, 
 shall be deemed to include a polling station; and the term 
 ‘proclamation,’ as used in the said enactments, shall be 
 
 deemed to include a public notice given in pursuance of this 
 Act. 
 
 * * * * * 
 
 PART III. 
 
 PERSONATION. 
 
 24, The following enactments shall be made with respect to 
 personation at parliamentary and municipal elections :— 
 
 A person shall for all purposes of the laws relating to patrlia- 
 mentary and municipal elections be deemed to be guilty of the 
 
 offence of personation who, at an election for a county or | 
 
 borough, or at a municipal election, applies for a ballot paper 
 in the name of some other person, whether that name be that 
 of a person living or dead or of a fictitious person, or who, 
 
 having voted once at any such election, applies at the same 
 
 election for a ballot paper in his own name. 
 
30 ¢ 36 Vict. c. 83; 
 
 309 
 
 The offence of personation, or of aiding, abetting, counsel- Sect. 24, 
 
 ling, or procuring the commission of the offence of personation 
 by any person, shall be a felony, and any person convicted 
 thereof shall be punished by imprisonment for a term not ex- 
 ceeding two years, together with hard labour. It shall be the 
 duty of the returning officer to institute a prosecution against any 
 person whom he may believe to have been guilty of personation, 
 or of aiding, abetting, counselling, or procuring the commission 
 of the offence of personation by any person, at the election for 
 which he is returning officer, and the costs and expenses of the 
 prosecutor and the witnesses in such case, together with com- 
 pensation for their trouble and loss of time, shall be allowed 
 by the court in the same manner in which courts are em- 
 powered to allow the same in cases of felony. ; 
 
 The provisions of the Registration Acts, specified in the 
 Third Schedule to this Act, shall in England and Ireland 
 respectively apply to personation under this Act in the same 
 manner as they apply to a person who knowingly personates 
 and falsely assumes to vote in the name of another person as 
 mentioned in the said Acts. 
 
 The offence of personation shall be deemed to be a corrupt 
 practice within the meaning of the Parliamentary Elections 
 Act, 1868. 
 
 If on the trial of any election petition questioning the elec- 
 tion or return for any county or borough, any candidate is 
 found by the report of the judge by himself or his agents to 
 have been guilty of personation, or by himself or his agents to 
 have aided, abetted, counselled, or procured the commission at 
 such election of the offence of personation by any person, such 
 candidate shall be incapable of being elected or sitting in Par- 
 liament for such county or borough during the Parliament then 
 in existence. 
 
 As to personation at municipal elections and at elections of county coun- 
 cillors, see the Municipal Elections (Corrupt Practices) Act, 1884, s. 2, and 
 Schedule ILI. Part 1, ante. 
 
 The duty of the returning officer to prosecute is not one which the court can 
 enforce by mandamus, Reg. v. Preston (Mayor, Sc., of ),46 J. P. 324, 
 
 The provisions of the Registration Acts above referred to are the 6 & 7 Vict. 
 
 c. 18, ss. 85—89. They are also referred to in the Municipal Corporations 
 Act, 1882, s. 86, ante, p. 255, and they are as follows :— 
 
 “85, And for the more effectual detection of the personation of voters at elec- 
 tions, be it enacted, that it shall be lawful for any candidate, at any election of 
 a member or members to serve in Parliament for any county, city, or borough, 
 previous to the time fixed for taking the poll at such election, to nominate and 
 
360 The Ballot Act, 1872. 
 
 Sect. 24, appoint an agent or agents on his behalf to attend at each or any of the booths 
 NoTE. appointed for taking the poll at such election, for the purpose of detecting 
 —— personation ; and such candidate shall give notice in writing to the returning 
 officer, or his respective deputy, of the name and address of the person or 
 persons so appointed by him to act as agents for such purpose; and thereupon 
 it shall be lawful for every such agent to attend during the time of polling at 
 
 the booth or booths for which he shall have been so appointed. 
 
 “86. And be it enacted, that if at the time any person tenders his vote at 
 such election, or after he has voted, and before he leaves the polling booth, any 
 such agent so appointed as aforesaid shall declare to the returning officer, or 
 his respective deputy, presiding therein, that he verily believes, and undertakes 
 to prove, that the said person so voting is not in fact the person in whose name 
 he assumes to vote, or to the like effect, then and in every such case it shall be 
 lawful for the said returning officer, or his said deputy, and he is hereby 
 required, immediately after such person shall have voted, by word of mouth to 
 order any constable or other peace officer to take the said person so voting into 
 his custody, which said order shall bea sufficient warrant and authority tothe said 
 constable or peace officer for so doing : Provided always, that nothing herein 
 contained shall be construed or taken to authorise any returning officer, or his 
 deputy, to reject the vote of any person who shall answer in the affirmative the 
 questions authorised by this Act to be put to him at the time of polling, and 
 shall take the oaths or make the affirmations authorised and required of him; 
 but the said returning officer, or his deputy, shall cause the words, ‘ Protested 
 against for personation,’ to be placed against the vote of the person so charged 
 with personation when entered in the poll book, 
 
 “87. And be it enacted, that every such constable or peace officer shall take 
 the person so in his custody, at the earliest convenient time, before some two 
 justices of the peace acting in and for the county, city, or borough within 
 which the said person shall have so voted as aforesaid: Provided always, that 
 in case the attendance of two such justices as aforesaid cannot be procured within 
 the space of three hours after the close of the poll on the same day on which such 
 person shall have been so taken into custody, it shall be lawful for the said 
 constable or peace officer, and he is hereby required, at the request of such 
 person so in his custody, to take him before any one justice of the peace acting 
 as aforesaid, and such justice is hereby authorised and required to liberate such 
 person on his entering into a recognizance, with one sufficient surety, condi- 
 tioned to appear before any two such justices as aforesaid, at a time and place 
 to be specified in such recognizance, to answer the said charge; and if no such 
 justice shall be found within four hours after the closing of the said poll then 
 such person shall forthwith be discharged from custody : Provided also, that 
 if in consequence of the absence of such justices as aforesaid, or for any other 
 cause, the said charge cannot be inquired into within the time aforesaid, it 
 shall be lawful nevertheless for any two such justices as aforesaid to inquire 
 into the same on the next or on some other subsequent day, and, if necessary, to 
 issue their warrant for the apprehension of the person so charged, 
 
 “88. And be it enacted, that if on the hearing of the said charge the said 
 two justices shall be satisfied, upon the evidence on oath of not less than two 
 credible witnesses, that the said person so brought before them has knowingly 
 personated and falsely assumed to vote in the name of some other person 
 within the meaning of this Act, and is not in fact the person in whose name 
 he voted, then it shall be lawful for the said two justices to commit the said 
 offender to the gaol of the county, city, or borough within which the offence 
 was committed, to take his trial according to law,and to bind over the witnesses 
 in their respective recognizances to appear and give evidence on such trial as St 
 in the case of other misdemeanors. 
 
 “89. And be it enacted, that if the said justices shall, on the hearing of the — 
 said charge, be satisfied that the said person so charged with personation is 5 
 really and in truth the person in whose name he voted, and that the charge of — | 
 
 i 
 if 
 
30 ¢ 36 Vict. c. 33. 361 
 
 personation has been made against him without reasonable or just cause, or if Sect. 24, 
 the agent so declaring as aforesaid, or some one on his behalf, shall not appear NOTE, 
 to support such charge before the said justices, then it shall be lawful for the = —— 
 said justices, and they are hereby required, to make an order in writing under 
 
 their hands, on the said agent so declaring as aforesaid, to pay to the said 
 
 person so falsely charged, if he shall consent to accept the same, any sum not 
 exceeding the sum of ten pounds nor less than five pounds, by way of damages 
 
 and costs; and if the said sum shall not be paid within twenty-four hours 
 
 after such order shall have been made, then the same shall be levied, by warrant 
 
 under the hand and seal of any justice of the peace acting as aforesaid, by 
 distress and sale of the goods and chattels of the said agent; and in case no 
 sufficient goods or chattels of the said agent can be found on which such levy 
 
 can be made, then the same shall be levied in like manner on the goods and 
 chattels of the candidate by whom such agent was so appointed to act; and in 
 
 case the said sum shall not be paid or levied in the manner aforesaid, then it 
 
 shall be lawful for the said person to whom the said sum of money was so 
 ordered to be paid to recover the same from the said agent or candidate, with 
 
 full costs of suit, in an action of debt to be brought in any one of Her Majesty's 
 Superior Courts of Record at Westminster: Provided always, that if the person 
 
 so falsely charged shall have declared to the said justices his consent to accept 
 
 such sum as aforesaid by way of damages and costs, and if the whole amount 
 
 of the sum so ordered to be paid shall have been paid or tendered to such 
 person, in every such case, but not otherwise, the said agent, candidate, and 
 
 every other person shall be released from all actions or other proceedings, civil 
 
 or criminal, for or in respect of the said charge and apprehension.” 
 
 Wa 
 
 1 ' aly alp 
 "s as as a " 
 
 PART CN. 
 MIscELLANEOUS. 
 
 98. The schedules to this Act, and the notes thereto, and Effect of 
 directions therein, shall be construed and have effect as part of poboouis 
 this Act. 
 
 99. In this Act— Defini- 
 
 i “ae tions. 
 The expression “municipal borough”? means any place for « . 
 Muni- 
 
 the time being subject to the Municipal Corporation Acts, cipal 
 
 or any of them: boroughs 
 The expression ‘‘ Municipal Corporation Acts ’’ means— “ Muni- 
 (a) As regards England, the Act of the session of the fifth Cacee 
 
 and sixth years of the reign of King William the tion Acts:” 
 Fourth, chapter seventy-six, intituled ‘“‘An Act to 
 provide for the regulation of Municipal Corporations 
 in England and Wales,” and the Acts amending the 
 same : 
 
362 
 Sect. 29. 
 * Muni- 
 
 cipal 
 election.” 
 
 Applica- 
 tion of 
 Act. 
 
 Short 
 title, 
 
 The Ballot Act, 1872. 
 
 The expression ‘‘ municipal election’? means— 
 
 (a) As regards England, an election of any person to serve 
 the office of councillor, auditor, or assessor of any 
 municipal borough, or of councillor for a ward of a 
 municipal borough; and 
 
 al- 
 a5 
 
 Those portions of the above section which relate to Scotland and Ireland 
 only have been omitted. 
 
 The expression “ municipal election,” as used in this Act, will now include 
 the election of a county councillor. 
 
 30, This Act shall apply to any parliamentary or municipal 
 election which may be held after the passing thereof. 
 
 al at al UJ 
 sk sk sk *k * 
 
 33, This Act may be cited as the Ballot Act, 1872, and shall 
 continue in force till the thirty-first day of December one 
 thousand eight hundred and eighty, and no longer, unless Par- 
 liament shall otherwise determine; and on the said day the 
 Acts in the fourth, fifth, and sixth schedules shall be there- 
 upon revived; provided that such revival shall not affect any 
 act done, any rights acquired, any liability or penalty incurred, 
 or any proceeding pending under this Act, but such proceeding 
 shall be carried on as if this Act had continued in force. 
 
 The Ballot Act is continued in force from year to year, and is now in force 
 by virtue of the Expiring Laws Continuance Act, 1888. 
 
 SCHEDULES. 
 
 —E—EE 
 
 FIRST SCHEDULE. 
 Parr I. 
 Rules for Parliamentary Elections. 
 
 15. At every polling place the returning officer shall provide a suffi- 
 cient number of polling stations for the accommodation of the electors 
 entitled to vote at such polling place, and shall distribute the polling 
 stations amongst those electors in such manner as he thinks most con- 
 venient, provided that in a district borough there shall be at least one 
 polling station at each contributory place of such borough. 
 
 At an election of county councillors this duty will devolve on the returning 
 officer. See the Local Government Act, 1888, s. 75, sub-section (4), ante 
 
35 & 36 Vict. c. 38. 363 
 
 p. 125, and the Municipal Corporations Act, 1882, Schedule 3, Part ILI. Sched, 1. 
 rule 3, ante. . RULES, 
 
 Rule 16 does not apply to municipal elections or elections of county coun- = — 
 
 cillors. See the Municipal Corporations Act, 1882, Schedule 3, Part III. 
 rule 1, ante. 
 
 * * * * * 
 
 17. A separate room or separate booth may contain a separate polling 
 station, or several polling stations may be constructed in the same room 
 or booth. 
 
 18. No person shall be admitted to vote at any polling station except 
 the one allotted to him. 
 
 As to the duty of the returning officer to give notice of the description of 
 persons entitled to vote at each polling station, see the Municipal Corporations 
 Act, 1882, Schedule 3, Part III. rule 2. 
 
 As to the duty of the returning officer at the first election of county 
 
 councillors see the Local Government Act, 1888, s. 103, sub-sect. (1), ante, 
 p. 166. ; 
 
 Rule 19 does not apply to municipal elections or to elections of county coun- 
 
 cillors. See the Municipal Corporations Act, 1882, Schedule 3, Part III. 
 rule 1, ante. 
 
 x * * * * 
 
 20. The returning officer shall provide each polling station with 
 materials for voters to mark the ballot papers, with instruments for 
 stamping thereon the official mark, and with copies of the register of 
 voters, or such part thereof as contains the names of the voters allotted 
 to vote at such station. He shall keep the official mark secret, and an 
 interval of not less than seven years shall intervene between the use of 
 the same official mark at elections for the same county or borough. 
 
 As to the duty of the returning officer at an election of county councillors 
 to provide the things mentioned in the above rule, see the Municipal Corpora- 
 tions Act, 1882, Schedule 3, Part III. rule 1, ante. 
 
 21. The returning officer shall appoint a presiding officer to preside 
 at each station, and the officer so appointed shall keep order at his. 
 station, shall regulate the number of electors to be admitted at a time, 
 and shall exclude all other persons except the clerks, the agents of the 
 candidates, and the constables on duty. 
 
 The candidates cannot be excluded. See Clementson v. Mason, cited in the 
 note to section 9, ante. 
 
 22. Every ballot paper shall contain a list of the candidates described 
 as in their respective nomination papers, and arranged alphabetically in 
 the order of their surnames, and (if there are two or more candidates 
 with the same surname) of their other names: it shall be in the form set 
 forth in the Second Schedule to this Act or as near thereto as circum- 
 stances admit, and shall be capable of being folded up. 
 
 See the form in the Second Schedule, post. 
 
 23. Every ballot box shall be so constructed that the ballot papers 
 can be introduced therein, but cannot be withdrawn therefrom, without 
 
364 The Ballot Act, 1872. 
 
 Sched. 1, the box being unlocked. The presiding officer at any polling station, 
 
 RULES. just before the commencement. of the poll, shall show the ballot box 
 —— empty to such persons, if any, as may be present in such station, so that — 
 they may see that it is empty, and shall then lock it up, and place his ' 
 
 seal upon it in such manner as to prevent its being opened without 
 
 breaking such seal, and shall place it in his view for the receipt of ballot 
 
 papers, and keep it so locked and sealed. | 
 
 24, Immediately before a ballot paper is delivered to an elector, it 
 shall be marked on both sides with the official mark, either stamped or 
 perforated, and the number, name, and description of the elector as ° 
 stated in the copy of the register shall be called out, and the number of 
 such elector shall be marked on the counterfoil, and a mark shall be 
 placed in the register against the number of the elector, to denote that 
 he has received a ballot paper, but without showing the particular 
 ballot paper which he has received. 
 
 A ballot paper not marked with the official mark is void. See rule 36, post. 
 
 25. The elector, on receiving the ballot paper, shall forthwith proceed 
 into one of the compartments in the polling station, and there mark his 
 paper, and fold it up so as to conceal his vote, and shall then put his 
 ballot paper, so folded up, into the ballot box ; he shall vote without 
 undue delay, and shall quit the polling station as soon as he has put his 
 ballot paper into the ballot box. ; 
 
 26. The presiding officer, on the application of any voter who is 
 incapacitated by blindness or other physical cause from voting in manner 
 prescribed by this Act, or (if the poll be taken on Saturday) of any voter 
 who declares that he is of the Jewish persuasion, and objects on religious — 
 grounds to vote in manner prescribed by this Act, or of any voter who 
 makes such a declaration as hereinafter mentioned that he is unable to 
 read, shall, in the presence of the agents of the candidates, cause the vote 
 of such voter to be marked on a ballot paper in manner directed by such 
 voter, and the ballot paper to be placed in the ballot box, and the name 
 and number on the register of voters of every voter whose vote is marked 
 in pursuance of this rule, and the reason why it is so marked, shall be 
 entered on a list, in this Act called “the list of voters marked by the 
 presiding officer.” 
 
 The said declaration, in this Act referred to as “the declaration of 
 inability to read,” shall be made by the voter at the time of polling, 
 before the presiding officer, who shall attest it in the form hereinafter 
 mentioned, and no fee, stamp, or other payment shall be charged in 
 respect of such declaration, and the said declaration shall be given to the 
 presiding officer at the time of voting. 
 
 The form of declaration of inability to read is contained in the second 
 schedule, post. 
 
 27. Ifa person, representing himself to be a particular elector named 
 on the register, applies for a ballot paper after another person has voted 
 as such elector, the applicant shall, upon duly answering the questions 
 and taking the oath permitted by law to be asked of and to be adminis- 
 tered to voters at the time of polling, he entitled to mark a ballot paper 
 in the same manner as any other voter, but the ballot paper (in this Act 
 called a tendered ballot paper) shall be of a colour differing from the 
 other ballot papers, and, instead of being put into the ballot box, shall 
 
ii—— 
 
 35 & 36 Vict. c. 33. 365 
 
 be given to the presiding officer and endorsed by him with the name of Sched. 1. 
 the voter and his number in the register of voters, and set aside in a RULES. 
 
 _ separate packet, and shall not be counted by the returning officer. And . ~~ 
 the name of the voter and his number on the register shall be entered 
 
 on a list, in this Act called the tendered votes list. 
 
 28. A voter who has inadvertently dealt with this ballot paper in such 
 manner that it cannot be conveniently used as a ballot paper, may, on 
 delivering to the presiding officer the ballot paper so inadvertently dealt 
 with, and proving the fact of the inadvertence to the satisfaction of the 
 - presiding officer, obtain another ballot paper in the place of the ballot 
 paper so delivered up (in this Act called a spoilt ballot paper), and the 
 spoilt paper shall be immediately cancelled. 
 
 29. The presiding officer of each station, as soon as practicable after 
 the close of the poll, shall, in the presence of the agents of the candidates, 
 make up into separate packets, sealed with his own seal and the seals of 
 such agents of the candidates as desire to affix their seals,— 
 
 (1) Each ballot box in use at his station, unopened but with the key 
 attached ; and 
 (2) The unused and spoilt ballot papers, placed together ; and 
 (3) The tendered ballot papers ; and 
 (4) The marked copies of the register of voters, and the counterfoils of 
 the ballot papers ; and 
 (5)°The tendered votes list, and the list of votes marked by the pre- 
 siding officer, and a statement of the number of the voters 
 whose votes are so marked by the presiding officer under the 
 heads “physical incapacity,” “Jews,” and “unable to read,” 
 and the declarations of inability to read ; 
 and shall deliver such packets to the returning officer. 
 
 It would appear that the marked copies of the register and the counterfoils 
 should be sealed up separately. See per BRETT, J., in Stowe v. Joliffe, L. R. 9 
 cP, 446: 437.9. C. P.173; 30 L. T. (.S.) 299; 22 W. RB, 946; 38 J.P. 617. 
 
 30. The packets shall be accompanied by a statement made by such 
 presiding officer, showing the number of ballot papers entrusted to him, 
 and accounting for them under the heads of ballot papers in the ballot 
 box, unused, spoilt, and tendered ballot papers, which statement is in 
 this Act referred to as the ballot paper account. 
 
 Counting Votes. 
 
 31. The candidates may respectively appoint agents to attend the 
 counting of the votes. 
 
 As to the appointment of agents at a municipal election or an election of 
 county councillors, see the Municipal Corporations Act, 1882, section 58 (6), 
 ante. 
 
 32. The returning officer shall make arrangements for counting the 
 votes in the presence of the agents of the candidates as soon as practic- 
 able after the close of the poll, and shall give to the agents of the 
 candidates appointed to attend at the counting of the votes notice in 
 writing of the time and place at which he will begin to count the same. 
 
 The non-attendance of the agents will not invalidate the counting. 
 
866 
 Sched. 1. 
 
 RULES, 
 
 The Ballot Act, 1879, 
 
 33. The returning officer, his assistants and clerks, and the agents of 
 the candidates, and no other person, except with the sanction of the 
 returning officer, may be present at the counting of the votes, 
 
 The candidates are entitled to be present. See Clementson vy. Mason, cited 
 in the note to section 9. 
 
 34. Before the returning officer proceeds to count the votes, he shall, 
 in the presence of the agents of the candidates, open each ballot box, 
 and, taking out the papers therein, shall count and record the number 
 thereof, and then mix together the whole of the ballot papers contained 
 in the ballot boxes. The returning officer, while counting and recording 
 the number of ballot papers, and counting the votes, shall keep the 
 ballot papers with their faces upwards, and take all proper precautions 
 for preventing any person from seeing the number printed on the backs 
 of such papers. 
 
 35. The returning officer shall, so far as practicable, proceed con- 
 tinuously with counting the votes, allowing only time for refreshment, 
 and excluding (except so far as he and the agents otherwise agree) the 
 hours between seven o’clock at night and nine o’clock on the succeeding 
 morning. During the excluded time the returning officer shall place the 
 ballot papers and other documents relating to the election under his own 
 seal and the seals of such of the agents of the candidates as desire to affix 
 their seals, and shall otherwise take proper precautions for the security 
 of such papers and documents. 
 
 36. The returning officer shall endorse “ rejected ” on any ballot paper 
 which he may reject as invalid, and shalJl add to the endorsement 
 “rejection objected to,” if an objection be in fact made by any agent to 
 his decision. The returning officer shall report to the Clerk of the 
 Crown in Chancery the number of ballot papers rejected and not counted 
 by him under the several heads of— 
 
 (1) Want of official mark ; ; 
 (2) Voting for more candidates than entitled to ; 
 (3) Writing or mark by which voter could be identified ; 
 
 (4) Unmarked or void for uncertainty ; 
 and shall on request allow any agents of the candidates, before such 
 report is sent, to copy it. 
 
 The decision of the returning officer as to any question arising in respect of 
 any ballot paper is final, subject to reversal on petition questioning the election 
 on return. See section 2, ante. | 
 
 To render an election void under the Ballot Act by reason of a non- 
 observance of, or non-compliance with, the rules or forms given therein, such 
 non-observance or non-compliance must be so great as to satisfy the tribunal 
 before which the validity of the election is contested that the election has been 
 conducted in a manner contrary to the principle of an election by ballot, and 
 that the irregularities complained of did affect or might have affected the 
 result of the election. The ballot paper must not be marked so as to show that 
 the voter intended to vote for more candidates than he is entitled to vote for, 
 nor so as to leave it uncertain whether he intended to vote at all, or for which 
 candidate he intended to vote, nor so as to make it possible by seeing the paper 
 itself or by reference to other available facts to identify the way in which he 
 has voted. If these requirements are not substantially fulfilled the ballot paper 
 is void, and should not be counted, and if it is counted it should be struck out 
 on a scrutiny. Ballot papers with the name of the voter or of the candidate 
 
35 ¢ 36 Vict. ¢. 33, 
 
 867 
 
 voted for written opposite to the name of the latter and not marked with a Sched. 1. 
 
 cross, or with the addition of a “ew” to the cross, were held to be void. But 
 the placing of two crosses, or three crosses, or a single stroke in lieu of a cross, 
 or a straight line, or a mark like an imperfect letter P in addition to the cross, 
 or a star instead of a cross, or a cross blurred or marked with a tremulous 
 hand, or a cross placed on the left-hand side of the ballot paper, or a pencil 
 line drawn through the name of the candidate not voted for, or a ballot paper 
 torn longitudinally throuch the centre, were held not to avoid the vote in the 
 absence of evidence of connivance or pre-arrangement. Twenty ballot papers 
 were marked by the presiding officer by the direction of voters who were 
 unable to read. Each of these ballot papers was placed by the presiding officer 
 in the ballot box wrapped up in the declaration of inability to read made by 
 the voter. The declarations of inability to read of the votes so marked by the 
 presiding officer were not made up into a separate packet and sealed as required 
 by rules 26, 29, ante, but were delivered to the returning officer in the ballot 
 box with the ballot papers as above mentioned. These votes could have been, 
 but were not, in fact, identified by the returning officer at the counting of the 
 votes. It was held that, notwithstanding this breach by the presiding officer of 
 the directions in the rules, the votes in question were properly counted. At 
 one of the polling stations the presiding officer before delivering the ballot 
 
 papers to the electors attending to vote, marked upon each (to the extent of — 
 
 294) the number of the voter appearing on the burgess roll, which would 
 enable any of the persons present to identify the way in which the party had 
 voted. Of the electors who received these ballot papers, 234 voted for the 
 petitioner and 60 for the respondent. These votes were not counted by the 
 returning officer. It was held that this admitted error of the presiding officer, 
 which did not affect the result, did not render the election void either at 
 common law or under the Ballot Act. Where there have been irregularities 
 in the conduct of an election by the presiding officer at a particular polling 
 station, but there has been no personal default on the part of the returning 
 officer, and the result of the election has not been affected by the mistake of 
 the presiding officer, the returning officer will not be visited with costs. 
 Woodward v. Sarsons, L. R. 10 C. P. 733; 44 L. J. C. P. 293; 32 L. T. (W.8.) 
 867; 39 J. P. 776. 
 
 In another case, where the presiding officer marked the number of the elector 
 in the register of electors on about one-third of the total number of ballot 
 papers issued, as well as on the counterfoils, but the result of the election was 
 not affected by the irregularity, it was held that the election was not void 
 under the statute nor at common law. Deans vy. Haddington’ Magistrates, 
 9 Ct. of Sess. Cas. 1077. 
 
 In the Wigtown Election Petition, Court of Session Cases, 4th series, 
 vol. i. p. 925, 2 O'M. & H. 215, it was held (1) that it is essential to a valid 
 vote that the ballot paper be marked with a cross, and not a mere line, but that 
 a badly formed cross, or a cross with the addition of small strokes so as to 
 resemble the letter X, will not render the vote null; (2) (diss. Lord Benholme), 
 that a ballot paper with a cross decidedly to the left of the candidate’s name 
 must be rejected; (3) that any mark on the back of the ballot paper, other 
 than the printed number, renders the vote null; (4) (diss. Lord Benholme) 
 that any substantive and separate mark on the face of the ballot paper in 
 addition to the cross, such asa superfluous cross, will render the vote null; (5) 
 that it is not essential that the cross be made with the pencil provided in 
 the compartment, but that it may be made with any pencil or any ink not 
 peculiar. 
 
 Where the cross was partly in the space opposite one candidate’s name and 
 partly in that opposite another’s, the vote was held good for the candidate 
 opposite whose name the two limbs of the cross intersected. IM‘ZLaren v. 
 Milne Home, 7 Q. B. D. 477. In the same case it was held that though the 
 
 mark did not discolour the ballot paper, it might be well marked, as if done by 
 a thumb-nail or blunt instrument. 
 A ballot paper which conforms in other respects to the requirements of the 
 
 RULES, 
 
368 
 
 The Ballot Act, 1872, 
 
 Sched. 1. Act is not void because it has not on its face the official mark directed by 
 
 RULES. 
 
 section 2 to be marked on both sides. <Achers v. Howard, 16 Q. B.D. 739; 
 55 L. J. Q. B. 273; 54 L. T. (v.8.) 651; 54 W. R. 609; 50 J. P. 519. 
 
 A ballot paper ought not to be rejected because the voter’s mark, placed on 
 the right-hand side, after the candidate’s name, is placed on the left of the 
 vertical line delineated on the ballot paper. Sheil v. Hnnis, 8 Ir. R. C. L. 
 240; 2 O'M. & H. 186. 
 
 The Ballot Act, 1872, sched. 2, which applies to municipal elections, directs 
 that a voter shall vote by placing a cross on the right-hand side of the ballot 
 paper opposite the name of each candidate for whom he votes. A General 
 Order of the Education Department, made under the Elementary Education 
 Acts, provided that the poll at elections of school boards in boroughs shall: be 
 conducted in like manner as the poll at a contested municipal election is 
 directed by the Ballot Act, 1872, to be conducted, and the provisions of that 
 Act shall, subject to the provisions of this Order, apply to the elections of 
 school boards, provided that “every voter shall be entitled to a number of votes 
 equal to the number of the members of the school board to be elected, and may 
 give all such votes to one candidate, or may distribute among the candidates as 
 he thinks fit. The voter may place against the name of any candidate for 
 whom he votes the number of votes he gives to such candidate in lieu of a 
 cross, and the form of drections for the guidance of the voter in voting con- 
 
 ~ tained in the Ballot Act, 1872, shall be altered accordingly: °—Held, applying 
 
 the principle of Woodward v. Sarsons, L. R. 10 C. P. 733; 44 L. J. C. P. 293, 
 that the provisions of the General Order, and of the Ballot Act, 1872, were 
 sufficiently complied with where ballot papers at the election of a school board 
 in a borough were marked otherwise than in the mode prescribed by the Order 
 if it could be ascertained with reasonable certainty for whom the voter in each 
 case intended to vote, and how many votes he intended to give, and if it 
 appeared that he had not intended to give a greater number of votes than 
 there were members of the school board to be elected. Applying the above 
 principles, the court held that ballot papers marked by placing crosses instead 
 of figures, or crosses and figures, or single strokes, opposite the names of candi- 
 dates, were valid. Phillips v. Goff, 17 Q. B. D. 805; 55 L. J. Q. B. 512; 35 
 W.R. 197. 50 J. P. 614. 
 
 37. Upon the completion of the counting, the returning officer shall 
 seal up in separate packets the counted and rejected ballot papers. He 
 shall not open the sealed packet of tendered ballot papers or marked ~ 
 copy of the register of voters and counterfoils, but shall proceed, in the 
 presence of the agents of the candidates, to verify the ballot paper 
 account given by each presiding officer by comparing it with the number 
 of ballot papers recorded by him as aforesaid, and the unused and spoilt 
 ballot papers in his possession and the tendered votes list, and shall 
 re-seal each sealed packet after examination. The returning officer shall 
 report to the Clerk of the Crown in Chancery the result of such verifica- 
 tion, and shall, on request, allow any agents of the candidates, before 
 such report is sent, to copy it. 
 
 In the case of a municipal election or an election of county councillors, no 
 return is to be made to the Clerk of the Crown in Chancery. See the Municipal 
 Corporations Act, 1882, Schedule 3, Part III. rule 6, ante. 
 
 38. Lastly, the returning officer shall forward to the Clerk of the 
 Crown in Chancery (in manner in which the poll books are by any 
 existing enactment required to be forwarded to such clerk, or as near 
 thereto as circumstances admit) all the packets of ballot papers in his 
 possession, together with the said reports, the ballot paper accounts, 
 tendered votes lists, lists of votes marked by the presiding officer, state- 
 ments relating thereto, declarations of inability to read, and packets of — 
 
35 ¢ 36 Vict, c, 33. 
 
 369 
 
 counterfoils, and marked copies of registers, sent by each presiding Sched. 1. 
 
 officer, endorsing on each packet a description of its contents and the 
 date of the election to which they relate, and the name of the county or 
 borough for which such election was held; and the term poll book in 
 any such enactment shall be construed to include any document 
 forwarded in pursuance of this rule. 
 
 In municipal elections the packets, &c., are to be forwarded to the town 
 clerk. See rule 64, vost. In an election of county councillors they will be 
 forwarded to the clerk of the council. See the Local Government Act, 
 section 75, sub-section (5), ante, p. 125. 
 
 39, The Clerk of the Crown shall retain for a year all documents 
 relating to an election forwarded to him in pursuance of this Act by a 
 returning officer, and then, unless otherwise directed by an order of the 
 House of Commons, or one of Her Majesty’s Superior Courts, shall cause 
 them to be destroyed, 
 
 In a municipal election the documents will be retained by the town clerk and 
 destroyed by him, subject to the directions of the borough council. In an 
 election of county councillors the clerk of the council will perform the like 
 duties. See the note to the preceding rule. 
 
 40, No person shall be allowed to inspect any rejected ballot papers 
 in the custody of the Clerk of the Crown in Chancery, except under the 
 order of the House of Commons or under the order of one of Her 
 Majesty’s Superior Courts, to be granted by such court on being satisfied 
 by evidence on oath that the inspection or production of such ballot 
 papers is required for the purpose of instituting or maintaining a prose- 
 cution for an offence in relation to ballot papers, or for the purpose of a 
 
 etition questioning an election or return; and any such order for the 
 Inspection or production of ballot papers may be made subject to such 
 conditions as to persons, time, place, and mode of inspection or production 
 as the house or court making the same may think expedient, and shall 
 be obeyed by the Clerk of the Crown in Chancery. Any power given 
 to a court by this rule may be exercised by any judge of such court at 
 chambers. 
 
 In the case of a municipal election, or an election of county councillors, 
 the order for inspection will be made by the county court. See rule 64, post. 
 
 A prosecution having been instituted against a deputy-returning officer, 
 who had presided at a booth during a municipal election, for offences under 
 the Ballot Act, 1872 (35 & 36 Vict. c. 33), a county court judge, in the exer- 
 cise of jurisdiction given by Schedule 1, Part II. rule 64 of the Act, made an 
 order directing the town clerk of the borough to produce and show, for the 
 purpose of the prosecution, certain rejected ballot papers, counterfoils, counted 
 ballot papers, and spoilt ballot papers relating to the same polling station, and 
 to open the sealed packets containing those documents, and the marked copy 
 of the register, and to take all such proper means as he should deem necessary 
 in order that the mode in which any particular elector had voted should not be 
 discovered ; and further ordered that no person should be allowed to see the 
 face of the counted ballot papers. At the trial of the indictment against the 
 prisoner, charging him with having fraudulently placed papers purporting to 
 be, but to his knowledge not being, ballot papers in the ballot box, BLACK- 
 BURN, J., allowed the counterfoils and marked register produced under the 
 aforesaid order to be given in evidence, and the face of the voting papers to be 
 inspected so as to show how the votes appeared to have been given. Held, 
 that this was rightly done. Reg. v. Beardsall, 1 Q. B. D, 452; 45 L. J. M,C, 
 157 ; 34 L. T. (W.S.) 660 ; 40 J. P. 583. 
 
 2B 
 
 ULES. 
 
 — 
 
370 
 Sched. 1. 
 
 RULES, 
 
 The Ballot Act, 1872. 
 
 Liberty was given to the Clerk of the Crown to open the packet of rejected 
 ballot papers, and to permit a petitioner and his agents to inspect certain ballot 
 papers which had been rejected by the returning officer on the ground that there 
 ‘were upon them writings or marks by which the voters could be identified, but 
 so as not to permit any inspection of the numbers on the backs of the ballot 
 papers corresponding with the numbers on the counterfoils, Tyrone Election 
 Petition, 7 Ir. R. C. L. 190; 21 W. R. 627. Generally as to when inspection 
 will be granted, see Stow v. Joliffe, ante, p. 365. 
 
 41. No person shall, except by order of the House of Commons or any 
 tribunal having cognizance of petitions complaining of undue returns or 
 undue elections, open the sealed packet of counterfoils after the same 
 has been once sealed upon, or be allowed to inspect any counted ballot 
 papers in the custody of the Clerk of the Crown in Chancery ; such 
 order may be made subject to such conditions as to persons, time, place, 
 and mode of opening or inspection as the house or tribunal making the 
 order may think expedient ; provided that on making and carrying into 
 effect any such order, care shall be taken that the mode in which any 
 particular elector has voted shall not be discovered until he has been 
 proved to have voted, and his vote has been declared by a competent 
 court to be invalid. 
 
 In the case of municipal elections, or elections of county councillors, an 
 order may be made under this rule by the county court. See rule, 64, post. 
 
 42, All documents forwarded by a returning officer in pursuance of 
 this Act to the Clerk of the Crown in Chancery, other than ballot 
 papers and counterfoils, shall be open to public inspection at such time 
 and under such regulations as may be prescribed by the Clerk of the 
 Crown in Chancery, with the consent of the Speaker of the House of 
 Commons, and the Clerk of the Crown shall supply copies of or extracts 
 from the said documents to any person demanding the same, on payment 
 of such fees and subject to such regulations as may be sanctioned by the 
 Treasury. 
 
 In the case of a municipal election, or an election of county councillors, the 
 regulations for the inspection of documents and the fees for the supply of 
 copies of documents of which copies are directed to be supplied are to be 
 prescribed by the borough council (or county council as the case may be), with 
 the consent of a Secretary of State. See rule 64, post. 
 
 Leave to inspect the marked register of voters, returned by the presiding 
 officer to the Clerk of the Crown in Chancery under the Ballot Act, 1872, will 
 be granted where the petition against the return of a candidate ata parlia- 
 mentary election charges bribery and treating, although it does not pray a 
 scrutiny. James v. Henderson, 43 L. J. C. P. 238; 30 L. T. (x.8.) 527; 
 38 J. P. 663. 
 
 43. Where-an order is made for the production by the Clerk of the 
 Crown in Chancery of any document in his possession relating to any 
 specified election, the production by such clerk or his agent of the 
 document ordered, in such manner as may be directed by such order, 
 or by a rule of the court having power to make such order, shall be 
 conclusive evidence that such document relates to the specified election ; 
 and any endorsement appearing on any packet of ballot papers produced 
 by such Clerk of the Crown or his agent shall be evidence of such 
 papers being what they are stated to be by the endorsement. The pro- 
 duction from proper custody of a ballot paper purporting to have been 
 
39 & 36 Vict. c. 38. 371 
 
 used at any election, and of a counterfoil marked with the same printed Sched. 1. 
 number and having a number marked thereon in writing, shall be primd RULES. 
 facie evidence that the person who voted by such ballot paper was the ~~ 
 person who at the time of such election had affixed to his name in the 
 
 register of voters at such election the same number as the number 
 
 written on such counterfoil. 
 
 45, The returning officer shall, as soon as possible, give public notice 
 of the names of the candidates elected, and, in the case of a contested 
 election, of the total number of votes given for each candidate, whether 
 elected or not. 
 
 By stating at the close of the poll the number of votes given to each 
 candidate at a municipal election, the returning officer makes a sufficient 
 declaration under section 2 of this Act, and the effect of that declaration is 
 not altered by reason of a public notice given on the following day under this 
 rule and the next, Reg. v. Bangor (Mayor, &c.. of), 18 Q. B. D. 349; 
 56 L. J. Q. B. 326 ; 56 L. T. (v.s.) 434; 85 W. R. 158; 51 J.P. 51. 
 
 At the first election of county councillors, the returning officer is to send 
 notice of the persons elected to the clerk of the peace and to each person 
 elected. Local Government Act, section 103, sub-section (5), ante, p. 167. 
 
 46. Where the returning officer is required or authorised by this Act 
 to give any public notice, he shall carry such requirement into effect by 
 advertisements, placards, handbills, or such other means as he thinks 
 best calculated to afford information to the electors. 
 
 47. The returning officer may, if he think fit, preside at any polling 
 station, and the provisions of this Act relating to a presiding officer shall 
 _ apply to such returning officer with the necessary modifications as to 
 things to be done by the returning officer to the presiding officer, or 
 the presiding officer to the returning officer. 
 
 48. In the case of a contested election for any county or borough, the 
 returning officer may, in addition to any clerks, appoint competent 
 persons to assist him in counting the votes. 
 
 49. No person shall be appointed by a returning officer for the pur- 
 
 poses of an election who has been employed by any other person in or 
 about the election. 
 
 50. The presiding officer may do, by the clerks appointed to assist 
 him, any act which he is required or authorised to do by this Act at a 
 
 polling station except ordering the arrest, exclusion, or ejection from the 
 polling station of any person. 
 
 51. A candidate may himself undertake the duties which any agent of 
 his if appointed might have undertaken, or may assist his agent in the 
 performance of such duties, and may be present at any place at which 
 
 his agent may, in pursuance of this Act, attend. 
 
 But though a candidate does not himself undertake the duties of an agent 
 and does not assist his agent, he is nevertheless entitled to be present at polling 
 stations. Clementson v. Mason, cited in the notes to section 9, ante. 
 
 52. ‘The name and address of every agent of a candidate appointed to 
 attend the counting of the votes shall be transmitted to the returning 
 
 232 
 
372 
 
 The Ballot Act, 1872. 
 
 Sched. 1. officer one clear day at the least before the opening of the poll ; and the 
 
 RULES. 
 
 returning officer may refuse to admit to the place where the votes are 
 counted any agent whose name has not been so transmitted, notwith- 
 standing that his appointment may be otherwise valid, and any notice 
 required to be given to an agent by the returning officer may be delivered 
 at or sent by post to such address. 
 
 As to agents at municipal elections and elections of county councillors, see 
 the Municipal Corporations Act, 1882, section 58, sub-section (6), ante. 
 
 53. If any person appointed an agent by a candidate for the purposes 
 of attending at the polling station or at the counting of the votes dies, or 
 becomes incapable of acting during the time of the election, the candi- 
 date may appoint another agent in his place, and shall forthwith give to 
 the returning officer notice in writing of the name and address of the 
 agent so appointed. 
 
 54. Every returning officer, and every officer, clerk, or agent autho- 
 rised to attend at a polling station, or at the counting of the votes, shall 
 before the opening of the poll make a statutory declaration of secrecy, 
 in the presence, if he is the returning officer, of a justice of the peace, 
 and if he is any otker officer or an agent, of a justice of the peace or of 
 the returning officer; but no such returning officer, officer, clerk, or 
 agent as aforesaid shall, save as aforesaid, be required, as such, to make 
 any declaration or take any oath on the occasion of any election. 
 
 As to the penalties for infringement of secrecy, see section 4. 
 As to the form of the declaration, see Schedule 2, post. 
 
 55. Where in this Act any expressions are used requiring or autho- 
 rising or inferring that any act or thing is to be done in the presence of 
 the agents of the candidates, such expressions shall be deemed to refer 
 to the presence of such agents of the candidates as may be authorised to 
 attend, and as have in fact attended, at the time and place where such 
 act or thing is being done, and the non-attendance of any agents or agent 
 at such time and place shall not, if such act or thing be otherwise duly 
 done, in anywise invalidate the act or thing done. 
 
 56. In reckoning time for the purposes of this Act, Sunday, Christmas 
 Day, Good Friday, and any day set apart for a public fast or public 
 thanksgiving, shall be excluded; and where anything is required by this 
 Act to be done on any day which falls on the above-mentioned days such 
 
 thing may be done on the next day, unless it is one of the days excluded 
 as above mentioned. 
 
 57. In this Act— 
 x % * % % 
 
 The expression “agents of the candidates,” used in relation to a_ 
 polling station, means agents appointed in pursuance of section 
 eighty-five of the Act of the session of the sixth and seventh years 
 of the reign of Her present Majesty, chapter eighteen, 
 
 As to agents at a municipal election or an election of county councillors, see 
 the Municipal Corporations Act, 1882, section 58, sub-section (6), ante. 
 
 * * * * * % 
 
35 & 36 Vict. c. 33. 373 
 Parr II. Sched. 1. 
 RULES, 
 Rules for Municipal Elections. — 
 
 64. In the application of the provisions of this echedule to municipal 
 elections the following modifications shall be made:— 
 
 (a) The expression “ register of voters ” means the burgess roll of the 
 burgesses of the borough, or, in the case of an election for the 
 ward of a borough, the ward list; and the mayor shall provide 
 true copies of such register for each polling station: 
 
 (b) All ballot papers and other documents which, in the case of a 
 parliamentary election, are forwarded to the Clerk of the Crown 
 in Chancery shall be delivered to the town clerk of the muni- 
 cipal borough in which the election is held, and shall be 
 kept by him among the records of the borough ;-and the 
 provisions of part one of this schedule with respect to the 
 inspection, production, and destruction of such ballot papers 
 and documents, and to the copies of such documents, shall 
 apply respectively to the ballot papers and documents so in 
 the custody of the town clerk, with these modifications ; 
 namely, 
 
 (a) An order of the county court having jurisdiction in the 
 borough, or any part thereof, or of any tribunal in which a 
 municipal election is questioned, shall be substituted for an 
 order of the House of Commons, or of one of Her Majesty’s 
 Superior Courts ; but an appeal from such county court may 
 be had in like manner as in other cases in such county court ; 
 
 (b) The regulations for the inspection of documents and the 
 fees for the supply of copies of documents of which copies are 
 directed to be supplied, shall be prescribed by the council of 
 the borough with the consent of one of Her Majesty’s Principal 
 Secretaries of State ; and, subject as aforesaid, the town clerk, 
 
 - in respect of the custody and destruction of the ballot papers 
 and other documents coming into his possession in pursuance 
 of this Act, shall be subject to the directions of the council of 
 the borough : 
 
 (c) Nothing in this schedule with respect to the day of the 
 poll shall apply to a municipal election. 
 
 Municipal election includes an election of county councillors. Register of 
 voters at the latter election will mean the division register, ¢.¢., that part of the 
 roll of county electors which relates to the electoral division. 
 
 The other modifications above mentioned have been noticed in the notes to 
 the several rules. 
 
374 
 
 Sched. 2, 
 FORMS. 
 
 The Ballot Act, 1872. 
 
 SECOND SCHEDULE. 
 
 Note.—The forms contained in this schedule, or forms as nearly 
 resembling the same as circumstances will admit, shall be used in all 
 cases to which they refer and are applicable, and when so used shall be 
 sufficient in law. 
 
 bef Form of Ballot Paper. 
 Form of Front of Ballot Paper. 
 Counterfoil BROWN 
 No. 22s | | (John Brown, of 52, George St, 
 CS Bristol, Merchant.) 
 oo) 
 Nom: ke JONES 
 foil is Rehabs" 2 | (William David Jones, of High 
 number to rete Elms, Wilts, Esq.) 
 spond with that Cs 
 on the back of ies 
 Ballot Paper aU MERTON 
 CS 3 (Hon. George Travis, commonly 
 CS called Viscount Merton, of 
 ee) Swanworth, Berks.) 
 632 
 >) SMITH 
 ie 4 | (Henry Sydney Smith, of 72, High 
 
 Street, Bath, Attorney.) 
 
 ©) 
 oh 
 
 Form of Back of Ballot Paper. 
 No. 
 Election for county [or borough, or ward}. 
 18 
 
 Note.—The number on the ballot paper is to correspond with that in 
 the counterfoil. 
 
 Directions as to Printing Ballot Paper. 
 
 Nothing is to be printed on the ballot paper except in accordance 
 with this schedule. 
 
 The surname of each candidate, and if there are two or more can- 
 didates of the same surname, also the other names of such candidates, 
 shall be printed in large characters, as shown in the form, and the 
 names, addresses, and descriptions, and the number on the back of the 
 paper, shall be printed in small characters. 
 
35 & 36 Vict. c. 33. 375 
 
 Form of Directions for the Guidance of the Voter in voting, which shall be Sched. 2. 
 printed in conspicuous Characters, and placarded outside every Polling FORMS, 
 Station and in every Convpartment of every Polling Station. AP 
 
 The voter may vote for candidate 
 
 The voter will go into one of the compartments, and, with the pencil 
 provided in the compartment, place a cross on the right-hand side, 
 opposite the name of each candidate for whom he votes, thus K 
 
 The voter will then fold up the ballot paper so as to show the official 
 mark on the back, and leaving the compartment will, without showing 
 the front of the paper to any person, show the official mark on the back 
 to the presiding officer, and then, in the presence of the presiding 
 officer, put the paper into the ballot box, and forthwith quit the polling 
 station. 
 
 If the voter inadvertently spoils a ballot paper, he can return it to 
 the officer, who will, if satisfied of such inadvertence, give him another 
 
 paper. 
 
 If the voter votes for more than candidate , or places any 
 mark on the paper by which he may be afterwards identified, his ballot 
 paper will be void, and will not be counted. 
 
 If the voter takes a ballot paper out of the polling station, or deposits 
 in the ballot box any other paper than the one given him by the officer, 
 he will be guilty of a misdemeanor, and be subject to imprisonment for 
 any term not exceeding six months, with or without hard labour. 
 Note.—These directions shall be illustrated by examples of the ballot 
 
 paper. 
 Form of Statutory Declaration of Secrecy. 
 
 I solemnly promise and declare, That I will not at this election 
 for do anything forbidden by section four of the Ballot Act, 1872, 
 which has been read to me. 
 
 Note.—The section must be read to the declarant by the person taking 
 the declaration. 
 
 Form of Declaration of Inability to Read. 
 
 Pans OL , being numbered on the Register of 
 Voters for the county [or borough] of , do hereby declare that I 
 am unable to read. 
 
 A.B., his mark, 
 day of ‘ 
 
 I, the undersigned, being the presiding officer for the polling 
 station for the county [or borough] of , do hereby certify, that 
 
 the above declaration, having been first read to the above-named A.B., 
 was signed by him in my presence with his mark. 
 
 Signed, C.D., 
 Presiding officer for polling station 
 for the county [or borough] of 
 day of . 
 
Short title 
 and con- 
 struction. 
 48 & 49 
 Vict. c. 15. 
 
 Extension 
 of burgess 
 franchise 
 to county 
 electors 
 outside 
 municipal 
 boroughs, 
 45 & 46 
 
 Vict. c. 50, 
 
 376 
 
 COUNTY ELECTORS ACT, 1888. 
 (51 VICT. Cap. 10.) 
 
 An Act to provide for the Qualification and Registration of 
 Electors for the purposes of Local Government in England 
 and Wales. ~ [16th May, 1888.] 
 
 WHEREAS it is expedient to make provision with respect to the 
 qualification and registration of electors of any representative 
 bodies (in this Act referred to as ‘‘county authorities”) which 
 may be established under any Act of the present session of 
 Parliament for the purposes of local government in counties in 
 England: 
 
 Be it therefore 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 Pavlia- 
 ment assembled, and by the authority of the same, as follows: 
 
 1, This Act may be cited as the County Electors Act, 1888. 
 
 The Registration Act, 1885, and the Parliamentary Registra- 
 tion Acts within the meaning of that Act, are in this Act 
 referred to as the Registration of Electors Acts, and, together 
 with this Act, may be cited as the Registration of Electors 
 Acts, 1843 to 1888. 
 
 This Act shall be construed as one with the Registration of 
 Electors Acts. 
 
 This Act deals only with the registration of county electors, and as it does 
 not bear directly upon county councils or their constitution or duties under the 
 Local Government Act, it was not included in the first edition of this Act. 
 It has been found necessary, however, to refer to it in many of the notes, and 
 for that reason it has been thought advisable to include it in this edition. 
 
 2. (1) For the purpose of the election of county authorities 
 in England, the burgess qualification, that is to say, the quali- 
 fication enacted by section nine of the Municipal Corporations 
 Act, 1882, shall extend to every part of a county not within the 
 limits of a borough, and a person possessing in any part of a 
 county outside the limits of a borough such burgess qualifica- 
 tion, shall be entitled to be registered under this Act as a 
 
 ——— 
 
51 Vict. c. 10. 377 
 
 county elector in the parish in which the qualifying property is Sect. 2. 
 situate. SuB-S. 1, 
 
 See section 9 of the Municipal Corporations Act, 1882, and the notes to that 
 section, ante, p. 202. 
 
 (2) Sections nine, thirty-one, thirty-three, and sixty-three of 
 the Municipal Corporations Act, 1882, and any enactments of 
 that or any other Act affecting the same, shall extend to so 
 much of every county as is not comprised within the limits of 
 a municipal borough in like manner as if they were herein 
 re-enacted, with the substitution of ‘‘county”’ for ‘ borough,” 
 and of ‘county elector” for “burgess,” and with the other 
 necessary modifications. 
 
 Section 9 of the Municipal Corporations Act, 1882, ante, p. 202, deals with 
 the qualification of burgesses and county electors ; section 31, ante, p. 228, and 
 section 33, ante, p. 229, contains some supplemental provisions relating to the 
 
 same matter; and section 63, ante, p. 228, provides that women shall have the 
 right to vote. 
 
 3, Every person who is entitled to be registered as a voter Occupa- 
 in respect of a ten pounds occupation qualification within the oa of 
 meaning of the provisions of the Registration Act, 1885, which the value 
 are set out in the schedule to this Act, shall be entitled to be We to 
 registered as a county elector, and to be enrolled as a burgess ares 
 in respect of such qualification, in like manner in all respects 
 as if the sections of the Municipal Corporations Act, 1882, 
 relating to a burgess qualification included the said ten pounds 
 occupation qualification. 
 
 See the description of this qualification in the schedule, post. It has been 
 pointed out, ante, p. 203, that this section creates an alternative qualification 
 
 for a burgess or county elector. See also note (/), ante, p. 204, as to the 
 difference between the two qualifications. 
 
 4, (1) The Registration of Electors Acts shall, so far as cir- Registra- 
 cumstances admit, apply to the enrolment of burgesses in a tion of 
 municipal borough to which the Parliamentary and Municipal seve 
 Registration Act, 1878, does not apply, and to the registration 41 & 42 
 of county electors within the meaning of this Act; and the lists Vict. €. 26. 
 of burgesses, and of county electors, and of occupation voters 
 for parliamentary elections, shall, so far as practicable, be made 
 out arid revised together; and the Registration of Electors 
 Acts shall accordingly— 
 
 (a) Apply to every such municipal borough in ike manner as 
 
 if it were a borough to which sub-section two of section 
 
County Electors Act, 1888. 
 
 six of the Registration Act, 1885, applied (sub-section 
 one of which section is hereby repealed), and revising 
 assessors of such borough shall not be elected; and 
 
 (0) Apply to every parish not situate in a municipal borough, 
 in like manner as if such parish were a municipal 
 borough to which the Parliamentary and Municipal 
 Registration Act, 1878, applies, and the said lists of 
 county electors and of occupation voters for parlia- 
 mentary elections in such parish shall be made out in 
 divisions, as provided in the said Act: Provided that 
 a person whose name appears in any list of county 
 electors or burgesses in a county may object to the 
 name of any other person on a list of county electors 
 or burgesses for a parish in that county, and may 
 oppose the claim of a person to have his name 
 inscribed in any such list. 
 
 Before the passing of this Act, in boroughs to which the 41 & 42 Vict. c. 26, 
 did not apply, the lists of burgesses were revised by the mayor and the revising 
 assessors in manner provided by the Municipal Corporations Act, 1882. The 
 effect of the above provision is that in every parish, whether in a borough or 
 not, and in every borough, the lists of county electors and burgesses will be 
 made out in manner provided by the 41 & 42 Vict. c. 26, and revised by the 
 revising barrister together with the lists of parliamentary voters. The occupa- 
 tion voters lists will always be made out in the three divisions prescribed by 
 
 that Act. Divisions 1 and 2 will form the list of parliamentary voters, and © 
 
 1 and 3 the register of county electors. See the Local Government Act, 
 section 76, sub-section (3), ante, p. 136. 
 
 (2) In the construction of the Registration of Electors Acts 
 for the purpose of their application to a parish not situate in a 
 municipal borough, there shall be made the variations following, 
 and such other variations as may be hecessary for carrying into 
 effect the application, that is to say :— 
 
 (a) Where such parish is not within a parliamentary borough, 
 ‘parliamentary county” shall be substituted for 
 ‘parliamentary borough ; ” 
 
 (0) Where such parish is not within a parliamentary borough, 
 the clerk of the peace shall perform the duties of and 
 be substituted for the town clerk; but any notice 
 required to be given to the town clerk by section 
 twenty-seven of the Parliamentary and Municipal 
 Registration Act, 1878, relating to the withdrawal and 
 revival of objections, shall be given to the overseers 
 and not to the clerk of the peace ; 
 
 (c) County elector shall be substituted for burgess ; 
 
51 Vict. c. 10. 879 
 
 (d) Section nine of the Parliamentary and Municipal Regis- Sect. 4. 
 tration Act, 1878, shall not apply to any parish which 5U8-S.24. 
 is not wholly situate in an urban district ; 
 
 (ec) Where such parish is not within a parliamentary borough 
 section twenty-one of the Parliamentary and Municipal 
 Registration Act, 1878, shall not apply, and the lists 
 and register of voters shall be made out alphabetically, 
 but shall be framed in parts for polling districts and 
 electoral divisions and for urban districts and for 
 wards of urban and rural districts in such a manner 
 that the parts may be conveniently compiled or put 
 together to serve as lists for polling districts, and 
 elections in urban districts and as electoral division or 
 ward lists ; 
 
 The above provision is amended by the Local Government Act, section 76, 
 sub-section (1), ante, p. 135. It is there provided that the provisions of the 
 above section with respect to the framing of the lists and register of voters in 
 parts shall extend to parishes situate within a parliamentary borough, 
 
 (f) Where such parish is within a parliamentary borough— 
 
 This provision applies to a parish within a parliamentary borough, but it 
 must not be forgotten that the whole section deals only with parishes not 
 situate in municipal boroughs. 
 
 (i) The overseers shall send to the clerk of the peace for 
 the county two copies of the lists of voters at the 
 game time at which they send copies to the town 
 clerk ; and 
 
 (ii) The town clerk shall cause to be printed such number 
 of copies of the revised lists as the clerk of the 
 peace may require, and shall transmit the same to 
 the clerk of the peace, who shall deal with the same 
 as with other lists of county electors in his county ; 
 but, 
 
 (iii) Save as aforesaid, the clerk of the peace shall not act 
 in relation to the registration of county electors 
 in the said parish, and the town clerk of the par- 
 liamentary borough shall be the town clerk within 
 the meaning of the Registration of Electors Acts 
 and this Act in relation to such parish, and shall 
 include in his precept to the overseers proper direc- 
 tions respecting the registration of the county 
 electors within the meaning of this Act. 
 
 (g) The lists of occupation voters and county electors shall 
 be revised by the revising barrister for the parliamen- 
 
380 
 
 Sect. 4, 
 SUB-S.2 g. 
 
 County Electors Act, 1888. 
 
 tary borough or county in which such parish is situate, 
 and the revising barrister for revising the county 
 electors lists for the whole or any part of an electoral 
 division of any county shall, if so required by the 
 county council, hold a court in that electoral division 
 or at some convenient place in a division adjoining 
 thereto. 
 
 (h) The guardians of a union which is not wholly comprised 
 in an urban district may, with the consent of the over- 
 seers of any parish or parishes within their union for 
 which an assistant overseer has not been appointed, 
 annually appoint a fit person to act as registration 
 officer for such parish or parishes, and may remove 
 any such person, and fill up any vacancy caused by 
 death, resignation, or otherwise. Such registration 
 officer shall perform all the duties of overseers of the 
 parish or parishes for which he is appointed in respect 
 of the registration of county electors and parliamen- 
 tary voters, and the provisions of the Registration of 
 Electors Acts relating to overseers, including those 
 providing for penalties, shall apply to him accordingly: 
 
 Provided that his remuneration shall be fixed and paid by 
 the guardians of the union, and charged on the poor 
 rates of the parish or parishes for which he is 
 appointed, and (if he acts for more than one parish) in 
 proportion to the number of persons on the registers 
 made during the year of his appointment of county 
 electors and parliamentary voters for each parish. 
 
 (3) Notwithstanding anything in this Act contained, where a 
 municipal borough or an urban district is co-extensive with 
 any electoral division or divisions of a parliamentary county, 
 the lists of voters may be directed by the county authority to 
 be made out according to the order in which the qualifying 
 premises appear in the rate book, and section twenty-one of the 
 Parliamentary and Municipal Registration Act, 1878, shall 
 apply to such borough or urban district, and where lists of 
 voters are so made out nothing in this Act shall require such 
 part of the county register as consists of these lists to be 
 arranged alphabetically. 
 
 The term “ county authority” here means the county council. See the Local 
 Government Act, s. 76, sub-sect. (2), ante, p. 136. 
 
d1 Vict, c. 10. 381 
 
 5, After the year one thousand eight hundred and eighty- Sect. 5. 
 eight, in every part of the metropolis, and in every part of & Making 
 parliamentary borough, the whole or greater part of which is out of lists 
 situate in the metropolis, the lists and registers of parliamen- ae rs 
 tary voters, and of county electors, shall, unless the local metro- 
 authority otherwise direct, be arranged in the same order in set 
 which the qualifying premises appear in the rate book for the 
 _ parish in which those premises are situate, or as nearly thereto 
 as will cause those lists and registers to record the qualifying 
 premises in successive order in the street or other place in 
 which they are situate. 
 
 For the purpose of this section ‘‘metropolis’’ means the 
 city of London and the parishes and places mentioned in 
 Schedule (A), (B), and (C) of the Metropolis Management Act, aes 19 
 
 = 1ct. 
 
 1855, 
 ce. 120. 
 The local authority here referred to is the London County Council. See the 
 Local Government Act, s. 3 (xii.), ante, p. 10. 
 
 6, (1) The lists of parliamentary voters, and of burgesses, Revision 
 and of county electors, shall be revised between the eighth day of elec- 
 of September and the twelfth day of October, both inclusive, sia 
 and shall be revised as soon as possible after the seventh day 
 
 of September, and the eighth day of September shall be sub- 
 
 stituted in the Acts relating to the registration of parliamentary 
 
 voters for the fifteenth day of September ; and the declarations 
 
 under section ten of the County Voters Registration Act, 1865, 28 & 29 
 and section twenty-four of the Parliamentary and Municipal Meese ee 
 Registration Act, 1878, shall be sent to the clerk of the peace or Vict. c. 26. 
 town clerk on or before the fifth day of September. 
 
 This provision alters and makes uniform in counties and boroughs the dates 
 for holding revision courts. 
 
 The declarations under 28 & 29 Vict. c. 36, s. 10, are declarations by county 
 voters relating to change of abode or to objections founded on the second 
 column of the list : those under 41 & 42 Vict. c, 26, s. 24, are declarations by 
 borough voters as to misdescription. 
 
 (2) In sections sixty-two and sixty-three of the Parliamen- 6 &7 Vict. 
 tary Voters Registration Act, 1843 (relating to appeals from ©. 18. 
 revising barristers in England), the ‘‘ Michaelmas sittings of 
 the High Court of Justice” shall be substituted for ‘“ the 
 Michaelmas term,” and forthwith after the fourth day of the 
 Michaelmas sittings a court or courts shall sit for the purpose 
 of hearing such appeals, and those appeals shall be heard and 
 determined continuously and without delay, and any statement 
 
Roll of 
 county 
 electors. 
 
 45 & 46 
 Vict. c. 50. 
 
 County Electors Act, 1888. 
 
 by the barrister for the purpose of any such appeal made in 
 pursuance of section forty-two of the said Act may be made at 
 any time within ten days after the conclusion of the revision, 
 so that it be made not less than four days before the first day of 
 the said Michaelmas sittings, and the statement need not be 
 read in open court, but shall be submitted to the appellant, 
 who, if he approves the same, shall sion the same as directed 
 by the said section, and return the same to the barrister. 
 
 The provisions of this sub-section are not to apply in the present year. See 
 the Local Government Act, 8. 76, sub-sect. (8), ante, p. 138. 
 
 7. (1) The clerk of the peace of every county shall make up 
 a register of all persons registered as burgesses or county 
 electors in the county, both for the county and for each elec- 
 toral division into which the county is divided for the purpose 
 of election of the county authority, and such number of copies 
 as the clerk of the peace may require of the list of burgesses 
 as revised shall be delivered by the town clerk to such clerk of 
 the peace for the purpose of making up such register. 
 
 It will be the duty of the clerk of the peace to prepare the division registers, 
 and when the lists as revised do not correspond with the electoral divisions he 
 
 must, presumably, do what is necessary to divide and arrange them. Seealso 
 the Local Government Act, s, 103, sub-sects, (4), (8), ante, p. 167. 
 
 (2) The Registration of Electors Acts, and sections forty-five, 
 forty-eight, and seventy-one of the Municipal Corporations 
 Act, 1882, shall apply, for the purposes of this section, with the 
 substitution of the clerk of the peace for town clerk, and of 
 county register and division register for burgess roll and ward 
 roll respectively, and of electoral division for ward, and of 
 county fund for borough fund. 
 
 See section 45 of the Municipal Corporations Act, ante, p. 236; section 48, 
 ante, p. 239; and section 71, ante, p. 251. 
 
 (3) If district councils are established under any Act of the 
 present session of Parliament, the clerk of every such council, 
 not being the council of a borough, shall make up a register of 
 all persons registered as county electors in his district, and 
 where there are wards in a district, of all county electors in 
 each ward, and he shall obtain from the clerk of the peace a 
 sufficient number of copies of the lists of the county electors so 
 registered as may be required for the purpose of making up 
 such register and supplying the same to the public, and the 
 
51 Vict. c. 10. 383 
 
 above-mentioned Acts and sections shall apply for that pur- i 
 pose, with the substitution of ‘clerk of the district council” — 
 for ‘town clerk,” and of “ district register” for ‘‘ burgess roll” 
 
 respectively ; 
 
 (4) Provided that nothing in this section shall prevent a 
 county elector from being registered in more than one division 
 register. 
 
 This prevents the application to county electors of the Municipal Corpora- 
 
 tions Act, 1882, s. 45, sub-sect. (6), ante, p. 237. As to the effect of this sub- 
 section, see note (ec) on p. 241, ante. 
 
 (5) Where in pursuance of section four of the Registration ) & 49 
 Act, 1885, the revising barrister has power to erase the name edi 
 of any person as a parliamentary voter from division one of 
 the occupiers’ list, such barrister, in lieu of erasing the name, 
 shall place an asterisk or other mark against the name, and, in 
 printing such list, the name shall be numbered consecutively 
 with the other names, but an asterisk or other mark shall be 
 printed against the name, and a person against whose name 
 such asterisk or other mark is placed shall not be entitled to 
 vote in respect of such entry at a parliamentary election, but 
 shall have the same right of voting at an election of a county 
 authority as he would have if no such mark were placed against 
 his name. 
 
 (6) If under any Act of the present session of Parliament 
 establishing a council for a county any portion of another 
 county is added to that county for the purpose of such election, 
 such portion of the county register as relates to the electors 
 having qualifying property in the said part so added shall be 
 deemed to be part of the county register of the county for 
 which such council is elected, and the clerk of the peace and 
 other officers shall take such steps as may be necessary for 
 giving effect to these enactments. 
 
 The reference in the text is explained by section 92, sub-section (2), of the 
 Local Government Act, ante, p. 157. 
 
 8, (1) All expenses properly incurred and all sums received Expenses. 
 in carrying into effect the provisions of this Act and the 
 Registration of Electors Acts with respect to county electors,— 
 
 (a) If incurred or received by overseers, shall be respectively 
 paid and applied as expenses and receipts of overseers 
 
884. 
 Sect. 8. 
 
 SuB-S.1 a. 
 
 Remune- 
 ration of 
 revising 
 barristers 
 and con- 
 tribution 
 by county 
 authori- 
 ties. 
 
 49 & 50 
 Vict. c. 42. 
 
 County Electors Act, 1888. 
 
 under the Registration of Electors Acts in the case of 
 the lists of parliamentary voters; and 
 
 (b) If incurred or received by the clerk of the peace or town 
 clerk, shall be paid out of or into the county or 
 borough fund; and such expenses shall include all 
 proper and reasonable fees and charges made and 
 charged by him for the trouble, care, and attention of 
 such clerk in the performance of the services and 
 duties imposed on him by the said provisions. 
 
 9, Every barrister appointed to revise any list of voters under 
 the Parliamentary Voters Registration Act, 1843, shall be paid 
 the sum of two hundred and fifty guineas by way of remune- 
 ration to him, and in satisfaction of his travelling and other 
 expenses, and every such barrister, after the termination of his 
 last sitting, shall forward his appointment to the Commis- 
 sioners of Her Majesty’s Treasury, who shall make an order 
 for the payment of the above sum to every such barrister. 
 
 The maximum amount to be paid to an additional barrister 
 in pursuance of the Revising Barristers Act, 1886, shall not 
 exceed the amount authorised by this section to be paid to a 
 revising barrister. 
 
 The sums so paid to a revising barrister or an assistant 
 barrister shall be payable partly out of moneys provided by 
 Parliament and partly by the county authorities, as herein- 
 after mentioned. 
 
 (1) There shall be annually paid by the county authority of 
 every county out of the county fund into Her 
 Majesty’s Exchequer such sum as the Treasury 
 certify to be one-half of the cost incurred for the pay- 
 ment of revising barristers at the then last revision of 
 the lists of parliamentary electors, burgesses, and 
 county electors in that county. 
 
 (2) The Treasury shall yearly ascertain the total cost of the 
 revising barristers appointed for all the counties and 
 boroughs on any circuit, and shall divide one-half of 
 such cost among the counties comprised in such cir- 
 cuit in proportion to the number of burgesses and county 
 electors in each county, and certify the amount which 
 under such apportionment is due under this section from 
 each county. The Treasury may vary such certificate 
 
ee ee 
 
 — Ss 
 
 51 Vict. c. 10. 3885 
 
 if they think fit, but unless it is so varied the certifi- Sect. 9. 
 cate shall be final. SuB-S. 2. 
 
 (3) So much of any Act as requires a payment out of the 
 borough fund of any borough to a revising barrister, in 
 respect of the revision of the burgess lists, shall be 
 repealed, without prejudice to any payment or liability 
 previously made or incurred. 
 
 It is provided by the Local Government Act, section 76, sub-section (4), 
 ante, p. 136, that for the purposes of this section the county of Surrey andsuch 
 portion of the county of London as is situate south of the Thames shall be 
 deemed to be separate counties forming part of the south-eastern circuit ; and 
 such portion of the administrative county of London as is situate north of the 
 Thames shall be deemed to form part of the county of Middlesex ; and the 
 county of Middlesex inclusive of that portion shall be a separate county on a 
 circuit ; but any sum payable by the London County Council in respect of 
 either of the said portions of the county shall be paid for as a general county 
 purpose. ; 
 
 10. (1) Section four of the Revising Barristers Act, 1886, is Perpetua- 
 
 : ti f 
 hereby repealed, and that Act, as amended by this Act, shall 49 & 50 
 be perpetual. Vict. ¢. 42, 
 
 (2) So long as a separate commission of assize is issued for Hl oo ot 
 
 the county of Surrey, that county shall be deemed to be a Vict. c. 18, 
 
 circuit within the meaning of section two, as well as of section * 59. 
 one of the Revising Barristers Act, 1886. 
 
 (8) An application to appoint an additional barrister under 
 the said Act may be made at any time after the first day of 
 September. 
 
 (4) Section fifty-nine of the Parliamentary Voters Regis- 
 tration Act, 1843, is hereby repealed. 
 
 11. (1) In the event of a county authority being established Applica- 
 under any Act of the present session, the provisions of this ata : 
 Act with respect to county authority, county, and county fund of Act 
 shall refer to the said county authority and to the county and Secerde 
 county fund of such authority, and in case of any borough fund, 
 which, for the purposes of the said Act, is a county of itself, to 
 the council of the borough and to the borough and borough 
 fund. 
 
 (2) In the event of a county authority not being established 
 under any Act during the present session, the sums directed 
 by this Act to be paid out of and into the county fund shall be 
 paid by or under the direction of the local authority of every 
 county quarter sessional area within the meaning of the 
 
 2 0 
 
386 
 
 County Electors Act, 1888. 
 
 sect. Lt Registration Act, 1885, in like manner as expenses or receipts 
 UB-5S. 
 
 48 & 49 
 
 Vach, c.alb, 
 
 Separate 
 list of 
 persons 
 residing 
 within 
 fifteen 
 miles of 
 county. 
 
 Precepts 
 by clerk 
 of the 
 peace. 
 
 Defini- 
 tions. 
 
 ’ of the clerk of the peace for such area under the Registration 
 
 of Electors Acts, and by and under the direction of the council 
 of every municipal borough which is also a parliamentary 
 borough out of and into the borough fund, and the amount to 
 be paid for revising barristers shall be apportioned between 
 such quarter sessional areas and boroughs upon the principles 
 above mentioned in this Act. 
 
 The Local Government Act, section 76, sub-section (5), ante, p. 187, 
 provides that the above section shall apply to the payment of the sums 
 therein mentioned in the year 1888 in like manner as if a county authority 
 had not been established under the Local Government Act. 
 
 12, A list of persons occupying property in a county, and 
 residing within fifteen miles, but more than seven miles from 
 the county, shall be made out in accordance with section 
 forty-nine of the Municipal Corporations Act, 1882, and that 
 section shall apply as if it were herein re-enacted, with the 
 substitution of ‘“‘county” for “borough,” and of ‘county 
 elector’ for “burgess,” and of ‘clerk of the peace” for 
 ‘*¢town clerk.” 
 
 The Local Government <Act, section 76, sub-section (6), ante, p. 138, 
 provides that nothing in the above section applies to any person occupying 
 
 property in a borough. The meaning of these provisions is stated in the note 
 to section 49 of the Municipal Corporations Act, 1882; ante, p. 240, 
 
 13, All precepts, notices, and forms required for the pur- 
 poses of the Registration of Electors Acts shall be altered in 
 such manner as may be declared by Her Majesty in Council 
 to be necessary for carrying into effect this Act, and clerks of 
 the peace and town clerks shall alter their precepts and forms 
 accordingly, and if clerks of the peace or town clerks have 
 sent out precepts to the overseers before the passing of this 
 Act, they shall send to them such supplemental precepts as 
 are necessary or; desirable for instructing them to carry into 
 effect this Act. 
 
 The Local Government Act, section 76, sub-section (7), ante, p. 138, 
 contains a similar provision giving power to the Queen in Council from time 
 to time to alter the instructions, precepts, &c. 
 
 14, In this Act, unless the context otherwise requires,— 
 
 The expressions ‘‘urban district” and ‘rural district”’ 
 respectively mean an urban or rural sanitary district, also 
 
51 Vict. co 10. 
 
 387 
 
 any urban or rural district under any Act of the present Sect, 14. 
 
 session of Parliament; 
 
 The expression “clerk of the peace”’ means, in the event of 
 the establishment of a county authority, the person acting 
 as clerk of that authority, and such person shall act as 
 clerk of the peace throughout the whole county of such 
 authority, both for the purposes of this Act and of the 
 Registration of Electors Acts; subject nevertheless— 
 
 (a) To the provisions of the Registration Act, 1885, 
 respecting the case of any parliamentary county 
 extending into more county quarter sessional 
 areas than one, and 
 
 (b) To the proviso that where at the passing of this Act 
 any clerk of the peace acts as clerk of the peace 
 under the Registration of Electors Acts he shall 
 continue so to act, but shall act as deputy of the 
 person acting as clerk of the peace by virtue of 
 this Act. 
 
 15. In the year one thousand eight hundred and eighty- 
 eight, notwithstanding anything in this Act or the enactments 
 
 Transitory 
 provisions 
 as to the 
 
 applied by this Act, the revision of the lists of parliamentary year 1888. 
 
 voters and county electors may be later than the twelfth day 
 of October, so that it be not later than the thirty-first day of 
 October, and the register of county electors shall be completed 
 on or before the thirty-first day of December in the said year, 
 and shall come into operation on the first day of January, one 
 thousand eight hundred and eighty-nine, and shall continue in 
 operation until the next register of county electors comes into 
 operation. 
 
 In the year one thousand eight hundred and eighty-eight, 
 notwithstanding anything in this Act or the enactments 
 thereby applied, the clerk of the peace in a county may, if he 
 thinks fit, instead of directing the occupiers’ list to be made 
 out in three divisions as provided by the Registration of 
 Electors Acts, direct the overseers to make supplemental lists 
 containing the names which would otherwise be contained in 
 division two and division three of the occupiers’ list respec- 
 tively, and the names s0 contained in the supplemental list 
 corresponding to division two shall be struck by the revising 
 
 2c 2 
 
388 County Electors Act, 1888. 
 
 Sect.15. barrister out of division one of the list, and the supplemental 
 ~ list. corresponding to division two or division three shall be 
 treated as if it were division two or three of the said list, as 
 
 the case may be. 
 
 SCHEDULE. 
 Sect. 3. Registration Act, 1885. 
 val DEFINITION OF TEN PouNDS OCCUPATION QUALIFICATION. 
 
 Ten A person entitled to be registered as a voter in respect of a ten pounds 
 pounds = occupation qualification in a borough, municipal or parliamentary— 
 occupation (@) Must during the whole twelve months immediately preceding the 
 pees fifteenth day of July have been an occupier as owner or tenant 
 of some land or tenement in a parish [or township] of the clear 
 yearly value of not less than ten pounds ; and 
 (b) Must have resided in or within seven miles of the borough during 
 six months immediately preceding the fifteenth day of July ; 
 and 
 (c) Such person, or some one else, must during the said twelve months 
 have been rated to all poor rates made in respect of such land 
 or tenement ; and ; 
 (d) All sums due in respect of the said land or tenement on account 
 of any poor rate made and allowed during the twelve months 
 immediately preceding the fifth day of January next before 
 the registration, or on account of any assessed taxes due before 
 the said fifth day of January, must have been paid on or before 
 the twentieth day of July. 
 If two or more persons jointly are such occupiers as above mentioned, 
 and the value of the land or tenement is such as to give ten pounds or 
 
 more for each occupier, each of such occupiers is entitled to be registered 
 
 as a voter. 
 If a person has occupied in the borough different lands or tenements 
 of the requisite value in immediate succession during the said twelve 
 
 months, he is entitled in respect of the occupation thereof to be registered _ 
 
 as a voter in the the parish [or township] in which the last occupied 
 land or tenement is situate. 
 
INDEX. 
 
 ABOLITION PAGE 
 of fees ot justices’ clerks ee OF +? £2, a Lok 
 of offices of chief and other constables eer Lt ... 189 
 of officer of county council ... We as ae ye. 189 
 of office of recorder... he ee Fe ive Pak: 
 of revising assessors... a ag “df ine ... 236 
 
 ABSENCE, 
 avoidance of office of mayor, alderman, or councillor 232, 233 
 when disqualification of alderman ... ihe ‘aS eres 
 when disqualification of councillor ... ake re Ay ays 
 chairman of county council ... it ay we. 295 
 of chairman or deputy chairman not to disqualify... ssa 120 
 of candidate for election as councillor, when nad eee AS fe: 
 of clerk of county council... ays ed ee eeras 
 of clerk of peace iy 2 ved as i 4G 
 of town clerk ... oe i + ven po ee Aly 
 of mayor at se te set ee 216, 286, 295 
 
 ACCOMMODATION, 
 when county council to provide st ae De ae LOD 
 of quarter sessions or justices out of sessions... an 65 y 403 
 
 ACCOUNTABILITY 
 
 . of officers of borough ... se oe ie “A 218 
 
 of officers of county... ait Ay 4 Hp ae PAE 
 
 ACCOUNTS, 
 abstract of wie : sae ne ea O 
 when ratepayer may Baye copy “abstract vas ere ees 
 audit of, at appointed day... ae a ay mee ht 
 audit of borough - >t a bye pate oot 
 borough to be fae up half-yearly et he ae -.. 223 
 borough, publication of nes ree ee EN .- 224 
 of coroner, after holding an inquest ... se ve 9, 10 
 county, how made up ... +f is she ... 223, 224 
 of county council, audit of ... a . 120 
 
 of county council, when to show expenditure of portion ict 
 county oy: ae ore 20 os hs oe LLG 
 
Index. 
 
 ACCOUNTS—continued. PAGE 
 disallowances, surcharges, and penalties at appointed day, 
 
 how enforced... aa ire ies oy a ei Wis) 
 
 of county lunatic ‘asylum se fs «se, Op OL 
 
 of county lunatic asylum, surplus or deficit 3 in vee PeLOL 
 
 of pauper lunatic asylum, of committee of visitors or their 
 officers, to be deemed Secon of county council and their 
 officers... Bb te eee ft sos Ye on 00 
 audit of ... ry ae Ms ni oe $Y Roe ei 
 inspection of ... a va Ag oe oe eorae L 
 of joint committee ty “ Py ot .. 148, 144 
 
 of local financial year ... ; ne oY: Pep es 
 form of, for maintenance of main roads 28 ah aa 
 passing of, of county treasurer, vested in county council ... 6 
 provisions as to... a oe os ‘es eve ora 25) 
 
 See also EXCHEQUER CONTRIBUTION ACCOUNT, GENERAL COUNTY 
 Account, LocaL Taxation Account, SPECIAL County Account. 
 
 ACTION 
 against unqualified person acting in office... ... 234, 235 
 against mayor, town clerk, or overseer for offence in relation 
 to lists and elections.. 3 .. 252 
 against person making Tegal payment or misapplying cor- 
 porate property oss Weiala 
 for damages, when tender of arrears tad pe pleadel elo 
 for expenses incurred at elections... ii in OLD 
 limitation of ... Sle Ae ste ae 253, 274, 276 
 pending, saving for... 4 - »»- 196 
 procedure in al actions against corporate! officers -. 274 
 ACTS, 
 general or local and personal, relating to business, &c., trans- 
 ferred, construction of = ie > sae ekod 
 local saving for ... oes ayy: ee a ... 197, 290 
 prison, saving for ce yee she my ae .»» 290 
 repeal... ie er 1. 3d2 
 inconsistent with regal Govern nee ‘Act ‘repel ol, A Ly 
 
 ADDITIONAL DUTIES. 
 See DutTIES, PROBATE DvuTIES. 
 
 ADJOURNED SESSIONS a a eae a Pe 
 
 county of London ap ie au sep LOe 
 county of London, scheme for ‘holding: ie Py Eee at 
 ADJUSTMENT _... BN Fe ise ne ie ... 105 
 basis of . par pak ee 
 
 betore adjustment made, what 6 sums to NY: paid ie nee 
 
Index. 
 
 ADJUSTMENT—continued. PAGE 
 
 between boroughs and counties on change of boundaries .,. 279 
 See also BOUNDARIES. 
 
 costs of, by commissioners... Bee a ... 104 
 between councils of counties and boroughs oP ae ahs: 
 of financial relations between county and county borough... 54 
 on what basis to proceed vie Fe iS. fa eos 
 considerations to be taken into Seep nnt oa bel 55, 57 
 county and borough Mie eee eee wee ate Sry 
 limitation as to . aay Ag wai: 
 where county borough 4 is in more thant one oe ices 40 ES 
 of law, as regards courts, juries, sittings, and ea proceed 
 ings in Middlesex and London... Se ne . 156 
 consequent upon fixing local financial year ... 1 peep ber 
 of parishes ae & eee LU) 
 police force, between Spite aah pouney povenan Lee aaa OO 
 of property and liabilities as ».» 105—107 
 of property and liabilities by soreemtierit bre Ser: ee UN), 
 by arbitration bein He ee ee eu LOGy LOFT 
 of property, debts, &e., in mseronolis... ao ws ai7 LOG 
 of property, income, Be ., arbitration as to... aa ey) 
 of property, &c., in smaller quarter sessions borough Lega 
 sums paid under ee eis ar aa is pean LUG 
 ADMINISTRATIVE 
 business of county managed by county council —... beset 
 county, interpretation of ‘be 16 A i eG) 
 ADMIRALTY, 
 saving as to... ea “da a-¢ AP te san DOL 
 ADULTERATION. See AnaLysr. 
 ADVANCES 
 in aid of emigration or colonisation ... a sP eo LLS 
 to returning officer... a ee AE a eae Lop 
 See also BORROWING. 
 ADVERTISEMENT, 
 newspapers ii ere ae ere as 153, 154, 213 
 AFFIRMATION 
 of person taking corporate office vs wee Fe BAe aa 
 See also OATH. 
 AGENT, 
 agents of the candidates, meaning of... sa ns eet 7 
 of candidate at election as haa er ... 802, et seq. 
 corrupt practices by .... a a ats aS ve. 808 
 
 illegal practices by  .... ss ia ee ... 304, et seq. 
 
Index. 
 
 AGENT—continwed. PAGE 
 when candidate exonerated from wrongful practices of 312, 313 
 of candidate, when he may attend counting of votes 356, 366 
 
 polling ... = 3 eae cae os ... 330 
 when illegal practice innocent Me < — ow Ole 
 AGREEMENT Ay 3 ae oe LORY LOG 
 
 as to apportionment of prOpetiN debts, Sane a a 26 
 adjustment of financial relations between county and county 
 borough may be done by... ee 2 on 54, 55 
 as to financial relations, limitation of Re ae yaa SAD 7. 
 between borough and county as to certain contributions ... 56 
 between county council and district council as to costs of 
 
 repairing, &c., main roads, &e. ... eas a ont ae 
 relating to lunatic asylums, bridges, &e. —... sai ... 142 
 main road, between county council and urban authority as 
 to costs of repairs, &e. a eds ae ic <i ae 
 subsisting, saving for ... vr ok Be ao ‘appl ble 
 ALDERMAN i ; Ste a vast EL Od 
 meaning of phrase As alderman” i a is ey Led 
 may take part in election of chairman a Be oo 170 
 to continue to be member of council... i ey ... 232 
 designation of ... nee os ate 2 oP: Prevail 
 elects of as - - = cane Wt) 
 duties as to elections in case an Wes ae aS, .-. 249, 250 
 election caused by person unseated on petition ... oy tO 
 fine on person not eae office of ... ae aoe US ead 
 exemption ... 3 ve ose ... 230 
 to subscribe déslaration'¢ on aooepting ‘office res se se eOe 
 in city of London ae aa tv ah ee ... 328 
 qualification of ... "si cng eng ae ee ram ie 
 when to be returning officer ... ae te oe ee LE 
 resignation of ... “se att abe ve hk ... 231 
 vacancy in office of ... Sf ms vee) Ae 
 retirement of ..., baa ae a is oe te) 169 
 how determined ... ie a 58 ne ... 169 
 of borough or city ‘a as ne sa oak gallate 
 BOROUGH, 
 actions against a; ayy: i" eee (i) 
 po denes of office by bankr per or absent ie ... 232 
 vacancy, how notified . f soa asi ... 233 
 election of ie or pe is of fs ... 246 
 mode and time of ... pe = a a ... 246 
 outgoing, not to vote ... se et cor pi ... 246 
 equality of votes a * oF ty Mes ... 246 
 number of ey es = HE Me G tle 
 
 | 
 
Indew. 
 ALDERMAN, BOROUGH—continued. PAGE 
 
 qualification of ... vs Lae Wi ee Lae a a 215 
 rotation of oy. i? a aa avowed 8s: 
 penalty on unqualified person acting : ba Tees. ne ... 234 
 validity of acts done by unqualified person ... ee Foes): 
 when to act as returning officer ond nA er ... 242 
 when to act as deputy mayor ... oP wae nee eae 
 when eligible to be elected mayor ... iS o ee Ls: 
 saving for au - oy ay ar ... 289 
 rien: to act as enrnine offices) ant one ry ... 286 
 outgoing, may vote at election Gf mayoral me ... 246 
 COUNTY ee: 2p ae ie He ee LG 
 what absence to Weoutte ROE Beggs ea ease 
 actions against ... ae ¥ fag ry eee yds 
 number of, in administrative res ‘fe a ee FO 
 not to vote as such in election of ... Pa ke cate i a 
 when not qualified for office of coroner ee ae coela 
 avoidance of office by bankruptcy or absence ... 232, 233 
 vacancy, how notified . ae dite 2 ... 233 
 when not eligible for afinae of coroner ae ae 0 13 
 penalty on unqualified person acting asl... “oe ... 234 
 validity of acts done by caaaliicl: person... sick ... 235 
 voting “as such” ri et! ane er 2, 246 
 county council to aie: tpatly Ghats: ae An eRe 
 of London, number of . a “ap oe er ea is 
 election of ae Be os se ae +e ... 246 
 on what day sae ae “ie my Ls 
 outgoing, may vote at election of chairman. Ay ... 246 
 to attend second meeting of provisional evant ye HALID 
 when not to vote as aa in election of chairman ... es 127 
 See also PERSON. 
 ALIEN, 
 disqualified as a burgess 5€ re os He 2002209 
 ALIENATION, 
 
 land, &c.... yy pp ae ah fe Rae pote 
 of property “ee Wee +e So oa ey S09, 122 
 
 ALMS, 
 burgess in receipt of ... ta ee ee 203, 209, 210 
 
 ALLOTMENTS ACT, 1887, 
 powers under, in borough to be exercised by Local Govern- 
 
 ment Board ... oe an or: 77 7; 64 
 ALTERATION 
 of boundaries ... is hee ee ae ad 94—96 
 
 See also BOUNDARIES. 
 
Index. 
 
 ALTERATION—continued. 
 of coroner’s district 
 when to take effect ¥ os 
 of highway district in South Wales ... 
 of electoral division after first election . 
 
 AMENDMENT, 
 County iilectore Act 
 in legal proceedings after appointed are 
 
 ANALYST, 
 public, appointment of... ; 
 fees and costs allowed to be fixed by ‘counts sone 
 in borough under 10,000 i 
 in smaller quarter sessions borough ... 
 when to become officer of county council 
 removal of ae 
 tenure of office under county cones 
 salary of.. 
 
 ANCIENT TOWNS, 
 
 72, 73 
 YE! 
 187, 188 
 9, 188 
 
 . 188 
 
 9, 188 
 
 two, to form ges of county in which situated for purposes 
 
 of Act.. 
 what are... 
 
 ANNUAL BUDGET, 
 county council, when to be made 
 what to comprehend 
 when insufficient 
 See also ACCOUNTS, 
 
 ANNUITY, 
 certificate, loans raised on 
 terminable 
 
 ANNUAL GENERAL SESSIONS 
 
 APPEAL 
 of claimant for compensation .. 
 of county councillor respecting amiga assessed 
 
 from conviction of court of summary jurisdiction ... 
 
 from decision of revising barrister 
 election petition 
 
 in county of London, where esa 
 property in city of London 
 
 by overseers and others as to rates 
 settlement of pauper lunatics ... 
 
 APPOINTED DAY 
 accounts to be audited on 
 election of coroner 
 
 89 
 89, 90 
 
 . 123 
 ons 12S 
 -. 124 
 
 , 118 
 . 105 
 
 sIGL 
 
 . 191 
 
 y apt 
 
 . 272 
 138, 231 
 267, 268 
 . 182 
 81 
 ale 
 
 . 151 
 vie 178 
 ae Wis) 
 13, 14 
 
Index. 
 
 APPOINTED DAY-— continued. PAGE 
 jurors summoned before ber co he i Wels 
 legal proceedings 4m he viv L7G 
 list of jurors in Kent, Surrey, faud Middlesex an re LG 
 enlistment of militiamen before hs sf, i LEE 
 meeting of quarter sessions after = tee bee Mickie 
 transfer of business to county council on... + case 
 when... $e ate dea les: 
 when Local Revernment Brat may arr +? mt PeELiG 
 
 APPORTIONMENT 
 of councillors to be elected by borough and county... 3 
 of property, debts, &c., between London County Council tii 
 
 county of Kent ey Athy 
 London County Council ahd aunty of Rrsdtease fom hs 
 London County Council and county of Surrey... eats 
 
 of sums paid out of local taxation account ... .... 54— 59 
 
 APPROPRIATION, ANNUAL, 
 capital money ... aes at: ar en 2 mee 
 
 ARBITRATION, 
 of adjustment of property and liabilities... elUD 
 
 between borough and county as to certain euennene Sab) ails, 
 between county council and borough councils as to lunatic 
 
 asylums, &c. ... ee 56 
 councils of counties of @ainbridae: By erinmntos ‘Suffolk, 
 Sussex, and York ... Ae 86 
 differences between county council ‘al districs council as to 
 main roads... “i ner 26 
 county council and urban. painority as to conte As re- 
 pairing certain roads ... ee = aa aie y- 
 as to costs of repairing, &c., main roails., aes fe a 
 by Local Government Board, rales As tO is). ans ee kOe 
 as to roads in Isle of Wight ... cet a ne Ser te 
 as to sewers, drains, &c. so a 2 re ype: 
 ARBITRATOR, 
 appointed by Local Government Board when previous 
 adjustment of financial relations inequitable... eon 
 appointment of ... ats a ee oe and eye LOG 
 powers of oH ase tes wae i ie per LOG 
 may state a special case ine ioe she A se» 106 
 award, sums paid under Mr. oe eee fe en LOG 
 award, what it may deal with... ate a4 A fe. LOG 
 remuneration of... mth pte “4 Ag we vie LOG 
 See also AWARD. 
 AREA... ee ae Fe ee es aia Ay oeiGl 
 
 alteration of ... es A: ap as ¥ G. 100 
 
Index. 
 
 AREA—continued. PAGE 
 boroughs and urban sanitary districts in same es us 94 
 combination of . v Fa Pe ne es 87 
 of county district: ree as 8 tk vou 194 
 difficulties as to population of ee ae ay Aa Yi) 
 ecclesiastical, saving for i, ae sad As we AO] 
 local government, boundary of SA he ... 104 
 
 situate in more than one county, exception as --- 100 
 alteration of ay oe att re ae ey Kat 
 wiratissr ae re fi pat 1¢ 95, 104 
 of medical officer Sil be 33, 34 
 when payments made to ones of, in 1 lien of local 
 grants... ae “ Re sue 42, 43, 47 
 where administrative counties commingle oi) -waelepee .. 48 
 when to be a polling district . a abe ne are Ler 
 quarter sessional ‘ bial ae ye eye bays 
 scheme or order may deal with. fe oa} oa 99, 100 
 value of . a ibe Ke yes rae a SA bit 
 
 ARMY, 
 officers in Re + oan nas . see, ) Uc. 
 
 ARMY RESERVE, 
 men belonging to ee ; re + a .. 231 
 
 ARTIZANS’ DWELLINGS ACTS, 
 powers of Secretary of State may be transferred to county 
 
 council es ‘ ay, 
 
 of Local Government Boartl ny es ranean th 
 county council oe ifs way wine ght 
 
 ASSESSMENT, 
 
 agreement as to, in city of London ... ot aapelal 
 
 of parish in larger quarter sessions borough, not county 
 borough, as to main roads, &c. cn tee ee 65 
 of parishes 3 in larger quarter sessions boroughs aR 64, 65 
 
 ASSESSMENT SESSIONS, 
 
 county of London, matter, civil or criminal, arising before 
 
 appointed day a ove 182, °188 
 
 in metropolis, what officers are @ to become oilicers of county 
 council .., aa ee ae ne sak ve 188 
 
 ASSESSORS, 
 
 revising, in borough ... Rs ads wide ‘es £0225 
 abolition of... aa ts Whetepeae 
 disqualification for being ; a | borough councillor e821 
 ASSIZE COURTS ... if me ve ay oe CS Spike 
 transfer of to county council ... ssf ue we eae | 
 
 -—s 
 
Index. 
 ASSIZE COURTS—continued. PAGE 
 in Lancashire ... “be tre ae a me een: ¥ 
 at Manchester ... ig ne ie a b83 ot 88 
 
 ASSIZES, 
 borough contributing towards costs of 5 
 costs of, in London, a general county purpose MY 
 what they include.. oe oc. ats ee pee LO 
 when a general county purpose . ‘f 6 
 contribution “of larger quarter sessions Veen ise Anite 
 
 borough, to costs fof Ang sat ee GO 
 court of, in county of London and Middlesex ae ... 156 
 includes Central Criminal Court ... ee eres Pep 33's | 
 meaning of wae nai ie rf ie vy vay, LOD 
 ASYLUM, 
 pauper lunatic maintained in... eee ee ate 43, 44 
 sick, paupers maintained in ... ne re an ia poe 
 See also County Lunatic AsytuM; Pauper Lunatic 
 ASYLUM. 
 AUDIT ve Sine a we ee a“ melas 
 before appointed ‘day , ay be ai - ete 
 of accounts of county council ... ae pe Vey sree 120 
 local taxation account ... Fi ne ar a ds est 
 of accounts, penalties ... es ae ite ae A130 
 of pauper lunatic asylum accounts ... ae at Oe LOL 
 AUDITOR 
 of borough oe eae vee aie eee S23 
 appointment and remuneration ‘of ey a w. 223, 224 
 borough, time and mode of election ... sae er AP ee! 
 county, to become officer of county council ... x cnet 187 
 removal of Bia ide ss on ae an Loo 
 tenure of office under county pane ay igviy boos 189 
 Salary °... ys A = aie ade aii 4 188 
 district ... Ns vis +e gle) 
 elective, disqualified ae bene boreal councillor . ap ala 
 fine on person not accepting office ee as oJ, 200 
 exemption hd dai er BEA a sa ... 230 
 of mayor... ae ef ats re oes oe bok DLS 
 AUDITOR-GENERAL, 
 audit of local taxation account ves oP a cee 
 AUTHORITY, 
 alteration of, by scheme or order... pe ..- 100, et seq. 
 clerk of . aes ed ... 141 
 Poracruction of acts relating fe ‘business transferred ee Lee 
 
 discharge of debts, &c., by... Pi aes on -.. 195 
 
Index. 
 
 AUTHORITY —continued. 
 meaning of 
 member of 
 meeting of 
 
 See COUNTY Acuontiee Ay eee Auer 
 
 AWARD ; 
 
 adjusting finance! relations, I Henan of 
 
 of arbitrator 4 
 
 of Local Government Ace commissioners 
 costs of , 
 what it may deal with z 
 not to be removed into High Court 
 sums paid under bei 
 
 See also ARBITRATOR ; GomncisstoNEEs. 
 
 BAIL 
 for persons in county of London 
 when constables may take... 
 
 BALANCE, 
 debit, at local taxation account 
 See SURPLUS. 
 
 BALLOT 
 Act, 1872, modification of 
 Act, short title ... 
 revival of former law, on expiration of 
 proviso as to act, &c., done in relation thereto 
 which aldermen to retire to be determined by 
 boxes 
 boxes, eoueernonen ies) 
 boxes, charge for ii 
 boxes for county of London 
 charge for ... 
 boxes, offences in respect of 
 what boxes to be used . 
 at election of ponmeilloey 
 infringement of secrecy 
 papers 
 at polling intone. 
 directions as to punting ivi 
 form of 
 how marked 
 offences in respect of 
 what to contain 
 votes at elections to be given by 
 voting by 
 
 ... 104 
 sea LOO 
 sa" 106 
 ... 104 
 
 a OG 
 
 sae Oe 
 ee Yi 
 
 51 
 
 sie O00 
 ... 362 
 ... 253 
 ... 203 
 2 109 
 ... 300 
 ... 363 
 ... 134 
 ae ate 
 Ae Lis 
 «.. B02 
 ... 357 
 ... 244 
 a0 oe 
 pears 
 ... 300 
 w. 3/4 
 ... 374 
 ... dol 
 .., 352 
 
 352, 
 
 363 
 
 yet Lk 
 . 270 
 
Index. 
 
 BANK OF ENGLAND, PAGE 
 interpretation of ve de rf et Med fs, 162 
 local taxation account ... ¥A ya ids 4: 85,37 
 payments into. ... tbe won 192 
 when may lend sums t6 “Toeal Government Board 4s ie SL 
 See also Loca TAXATION ACCOUNT. 
 
 BANKRUPTCY, 
 avoidance of office of chairman, mayor, aldermen, or coun- 
 cillor, by reason of ... fae vee *y .. 232, 233 
 
 BARRACKS, 
 saving for we ist vit “er bagel doa epeou 
 BARRISTER, 
 when to be chairman or deputy chairman of London quarter 
 sessions “a4 79 
 chairman or deputy antiga of London ( Jounty Council, 
 not to practiseas ss... eee ain ese bes sxe OU 
 common serjeant to be.. sas hie On 
 when may represent Director of Public Prosecutions . 324 
 enilty of corrupt practice Ty sy “ies +. 338 
 judge of the City of London Court fe be fi mee tae 102 
 revising, appointment of “of Af vcs vee ... 136 
 statement as to appeal from es Rotate Yo 188 
 See also REVISING BARRISTER. 
 trying election petition... ee oe fe aes -. 265 
 when to constitute election court... “i ue w+. 209 
 qualification of . ie fee si aon 209 
 when to certify ruiles of loan sooiety By. sr iif, 12 
 when to certify rules of scientific society “ xt M12 
 BASIS 
 for county coutribution aes ve ye oes 41, 61 
 for county rate ... vas aaa at Aas cP ve Ae 
 appeals as to fs me Re fr “te Pett: 
 preparation, 0) alee a ie 5, 16 
 _ provision as to not to apply to pene bor oughs er hay 
 
 BATHS AND WASHHOUSES ACTS, 
 
 powers, &c., of Local Government Board may be transferred 
 
 to county council... er ar ae dae ee 18 
 BERWICK-UPON-TWEED, 
 exception as to ... yas vas “fi ane re --. 286 
 BICYCLES, 
 bye-laws as to... oie ay f, Sy: .. > 149, 222 
 
 lighting of He ive ris ats eee es eee 149 
 
Index. 
 
 BICYCLES—continued. PAGE. 
 when overtaking any carriage, cart, &e. Ws iss ep eni ks) 
 conviction under bye-laws ... oa oF a ial U 
 furious driving of be. ce no en Jey ae DU 
 
 BILLS IN PARLIAMENT, 
 county council may oppose... S| 
 county council not to promote or incur - expense in relation 
 
 thereto sy ay. nu ae Ba os Pe Od. 
 
 BIRDS. 
 
 See WiLD Brirps. 
 BOARD OF TRADE, 
 
 when an ives Pas Sop led 
 Local Government Board may transfer covtait poner of 
 to county council ... Ss = in AT 
 
 what powers, &c., may be trarisferred 5 eotinty council .., 18 
 draft order eaucrertiag powers, &c., to be approved of ... 18 
 
 saving for existing bye-laws, orders, ic. ee a ‘fro eO 
 BODY, 
 public, corporate, or incorporate, when powers, &c., of may 
 be transferred to county council ... me: =f ak We 
 draft order transferring powers, &c., of, by whee to be 
 approved aes ae So sti Has ie pais) 
 
 See also CORPORATE Bony. 
 
 BONDS see wes Bes se ea a vi ... 208 
 
 subsisting, saving for ... iss a ye iat rane 
 BOOKS 
 appertaining to counties of Middlesex, Surrey, and Kent in 
 county of London ... “s : ae ae ad) 
 claimant for compensation, when to prodace as mee fp 
 when county council to provide +e see ven nage 
 BOROUGH . se heal 
 adjustment between, and county on changa of boundaries 
 279, 280 
 application of Act to ... ee ys ... 54, et seq. 
 apportionment of number of county ‘councillors between, 
 and rest of county ... eos ee eh bt <SoRees 
 assessment of parishes in is “a He vad i; ate 
 auditors . as 4 ces - <y one =cagukaeed 
 annie se eee Ke ss: ... 278, et seq. 
 boundaries, alteration of mf oe es mY 1" ee 
 
 borough which is a county of itself ... ss son 8 
 borough with population not less than 50,000, when to 
 fecame county borough ay < ie 95, 96 
 
Index. 
 
 BOROUGH—continued. PAGE. 
 bye-laws of county council not to have force in... 31, 32 
 Cambridge ee ee eee ee Se hoe DOO 
 charter for new . et TO 
 fees taken by clerk of peace and registrar of iyi court, &c. 282 
 Cinque Ports... Ke a of kes oS 
 combined, grant of commission of peace and court of quarter 
 
 sessions to... : ss are ee ie en EY, 
 disfranchised, electors in ore . 286 
 returning one councillor to county oat is an Megs 
 division bas we oe 
 divided into wards, rece ne wns, at blecton Ae w. 242 
 not divided into wards, returning officer at election ... 242 
 election, nomination papers, to whom delivered .... Sele 
 having no wards, councillors, how elected ... she .. 241 
 having wards, councillors, how elected ie oe wee 241 
 when election petition to be published in ... - ... ... 257 
 costs of election petition we fe ooo 
 electors, persons occupying property oathin’ ae = ay! 
 existing privileges as to sheriff, lieutenant, ia justices, 
 orcoroner... ee LOL 
 financial relations, case “of borough examnnt from, con- 
 tributing he a Sis if ay tie ee di 
 the five boroughs ee oe ripley: 
 in urban district, but council not urban authority, propiaonal 
 orderasto ... oe Bed whe oe; re eee! 
 police, efficiency of ... Ne 48 
 ceasing to maintain separate police foree, constables of, to 
 whom transferred... ee Sapa els: 
 
 maintaining separate police force, when, to Pera ates in 
 surplus standing at Exchequer Contribution Account ... 40 
 
 interpretation of tee ae sin ose 161, 254, 328 
 municipal che . 3 ee LOL; OOF 
 co-extensive with Ath Grition list of voters in... 239 
 list of voters in parish not within a ave ... 248 
 parish not situate within .. a< . 238 
 what powers of corporation not to be ‘transferred to 
 county council . oP ae Wr fe ee 
 voters in ... Te s¢, Wes see hee LOG 
 notices, where published vee on ae ree Ca tA 
 parliamentary, saving for wes i Ay beg ive. LOG 
 votersin... ‘ i. 135 
 pauper lunatic asylums, joint air aha of visitors eee Aa 
 visitors appointed by... mere 
 property, &c., adaptation of Municipal Conporations Act, 
 1882, Part V., to eae a a. .. 122 
 when grant of quarter sessions made to ne te LUG 
 
 2D 
 
Index. 
 
 BOROUGH—continued. PAGE 
 when to be divided into polling districts... wae ... 248 
 returning officerin ... Bae pa tae Ses nae L2G 
 
 at blection for ee te AS an sae . 242 
 at election fora ward ... <4 sae wee 242 
 when mayor to act as returning officer in n parliamentary 
 election Ne ae re Hy on tos wo. 285 
 revising assessors in... eee ¥ eae eee wee 225 
 right of free trading in... Be oan he Bis Pe eae 
 separate non-resident list —... on “fr = matt es § 
 value of ... Ae ep He. var oes pe -.. 163 
 ward, alteration of ... S ae ioe oa . 226 
 sHaa ia of borough into .., “8 Ze 296, 228 
 population under 10,000 part of county f for purposes of 
 Weights and Meats Acts.. at “ph 105 
 county of city, revocation of grant of commission of peace... 72 
 of court of quarter sessions ve Ar yp 
 
 county of a city, in what county deemed to a situate Seer OS 
 county of town, revocation of grant of commission of peace 72 
 
 of borough .. re Say ey 
 county of a town in what county deemed to be situate Bey Les: 
 not having separate court of quarter sessions, application of 
 
 penalties i Hie bx w9 Se 2 wie 
 having separate commission of peace... ae eee ere er f 
 with separate commission, powers, &e of, transferred to 
 
 county council ae : “st ome OS 
 with separate commission of peace, saving for i -+- 290 
 
 application of Act to nee or a .-. 68, et seq. 
 under 10,000 population — 
 
 application of Local Government Act to -.. 72, et seq. 
 explosives, powerasto ...  .. ee nisl 
 when to be annexed to coroner’s distriges —_ oot eh 
 transfer of powers, &c., to county council : 72, 73 
 when area of, to form part of county... aa 72, 73 
 COUNTY, 
 accounts of bee we sai me o «=. 28, 2295 
 amalgamation of county boroughs eat 96 
 Allotments Act, 1887, powers under, to be exercised by 
 Local Cierra Board ... S- ot it. 04 
 as to commission of assize, oyer and terminer, &e/ 28) Sie DS 
 auditors, appointment of TH ane sa 2 223 
 remuneration, &., of  ... ties Ba ce oe 294 
 election of ... res By. sie ys ne Sept 2 Ms 
 boundary, saving as to... as se kg ves ose OS 
 union of with county... wit ot or ioe, OB 
 
 contribution by, to county... ies a Hs 7. ©=58 
 
Inde. 
 
 BOROUGH, COUNTY—continued. PAGE 
 contributions, meaning of his ay see uM ca ee 
 Bit ba sabstisnied for County Saha sleds oi. ee petitt 
 
 Exchequer Contribution Account, sum standing to, how 
 applied eas cg “fe ai ee aie poe OL, 
 jury lists, making Gila ca ee he ee Ese .. 54 
 
 jurors, service of ide : oy Yaa ete ty OE 
 licenses for trade carts, Tonomotives. &e, ts “ey 60, 61 
 maintenance of pauper lunatics A ae pees 
 not included in expression administrative county eee ie LO] 
 not to place county in worse position as to certain matters... 55 
 part of county, saving as to existing privilege es cen LOS 
 police force, proviso as to oes 59. 
 property, &c., By of Municipal Corporations Act, 
 1882, Part V.. a ey . 123 
 quarter sessions or justices, powers, &e.; tran sferned tOe ene. GO 
 rateable value, how ascertained re tf ds $25, 59 
 situated in more than one county... ty Fy ... 503 
 to receive share from local taxation account. is oie, 100 
 what provisions in Act not to apply... ake he 62, 63 
 saving for PMS Ml aeeer eas Poe. yy. HN 148 
 what is ... = ave a eae yp fie ess D4 
 QUARTER SESSIONS es Me Hes ee .s 5d 
 application of penalties recovered in ... <a vs ena ie 
 hereafter created, application of Act to ei ie rs AOo 
 interpretation of... 353 £06 Hey nya Pe et 
 not a highway area... z eee ee: 
 prosecutions at assizes, when to contribute towards. 4 gales) 
 when deemed urban sanitary district.. a 22 
 when to participate in surplus standing at Exchequer Con- 
 tribution Account ... we . 39 
 when surplus at local taxation account to be paid to, in 
 respect of roads are 3 +o 193, 194 
 larger, not county borough, application of Act to ... 64, et seq. 
 assizes, contribution to costs of . Se ane tu OO 
 costs of assizes and sessions 5 ies ca G7, 
 when county councillor is not to act or r vote in respect 
 of certain matters re ses Pe by Gs 
 county lunatic asylum... es a eke + bl 
 contributions towards ea ie . 151 
 not county borough, exemption of, as cs certain contri- 
 butions ... en ve 64, 65 
 to retain powers as ‘local authority ope bay ode, 64 
 when to form part of county... ae pay ee 
 larger, main road, to form part of county, as ‘to ne eats: 
 when deemed urban sanitary district authority aca 00 
 
 2n2 
 
Index, 
 
 BOROUGH, QUARTER SESSIONS—continued. PAGE 
 smaller, an urban sanitary district ... es P ee A 
 application of Local Government Act to --. 69, ef seq. 
 area, when included in county ... oe as ro tp! 
 area of, when to be attached to coroner’s district esos B 
 county council, what powers, &c., transferred to 69, et seq. 
 main roads, nee and how to be declared 70, 71 
 revocation of grant of quarter sessions and of commis- 
 sion of peace =... ass son |) sep 
 BOROUGH, COUNCIL OF ry mo ee st FY 
 adjistiment before made, what sums to be paid 4 ees (58 
 adjustment between, al county council ... A ce vet 195 
 agreements as to adjustments of property, debts, &c. ... 104 
 saving for existing bye-laws, orders, &. ... es ... 196 
 election of aldermen ... . 246 
 nature of application to, and comesponence + with Toate 283 
 assizes, when to contribute towards costs of .. aa oa Ow 
 borrowing by ... ih Te +): ro oe 
 boundaries, future alteration ee ee 3 fae oO 
 capital sum, when to be treated as capital ... te et 107 
 costs of, adjustment by commissioners pS vo rpg ts 
 constitution of . i 5s . 210 
 coroner, election OE when coroner’s district isituale wholly 
 within borough 448 oie wee we G0 
 when situated partly within borough HS + 63 
 coroner may require joint committee to be appointed for 
 purposes of ... x a an, 100 
 coroner, when to contribute foWrande poses of 43 aan 06 
 joint committee for purposes of coroner vas A 63 
 defects in election, how remedied ... nhs Ag. 250 
 financial arrangement ... A xr oan vas inseae 
 quarterly and other meetings of _,.. +3 ee Rel 
 appointment of committees of ... ba a . 219 
 financial relations with county, adjustment of We 54, at seq. 
 financial relations, agreement or award as to equitable ... 57 
 a highway authority a a zee a Be . 163 
 loansas We: . 283 
 what provision of Local Goracnment) Act no ‘ta apply to 62, 63 
 local taxation account, to receive sums out of ar see 60 
 mayor, duties as to Bist: in case of illness, &c. ... ... 249 
 mayor, election of > ie .. 247 
 mayor and aldermen to continue to be, members of... nae aad 
 meetings AY: oe pas rok tie wan . 293 
 bonaee at... a ost Fe a ve 293, 294 
 when held ... Re ee ons a re . 293 
 
 who may;tall jos...) cite oh, ts Wea 293, 294 
 
Index. 
 BOROUGH, COUNCIL OF —continued. PAGE 
 meetings, chairman of ... deg Bg fee one .. 295 
 summons to attend ret tee Sey Ay oo. 294 
 want of service of summons Ai aye: ee ... 294 
 quorum... ae erie — as ... 295 
 minutes... ry as ses er is aes 20G 
 equality of votes ... Ne ip one ane ... 295 
 majority of votes ... Oe es 4 Te Yi. 205 
 inspection of minutes, accounts, &c. ... bi ore ee 
 minutes, forgery of ... fod ee a hr ... 282 
 misnomer or inaccurate description .. es ... 284, 285 
 may divide borough or ward into polling districts me ... 248 
 officers of a aes aa ee mel Y 
 accountability of ... as ors at “ee AN 
 remuneration of ... ns ia aid ae Ls 
 officers to give security ae aes e- iE PA, 
 order, an may be removed by cer orart Pee UT pose iow DID 
 pauper lunatic asylum, arrangement between, and county 
 council * tee «2 OG 
 lunatic asylum, appointment oe eommnittes af visitors 56, 151 
 lunatic asylum, when to contribute towards... ee fro te 
 lunatic asylum, pauper lunatics sent to dsc ats eo 
 power to administer oaths, declarations, Wc... ne ... 284 
 payments in lieu of local grants to be made by e z.1 00 
 prohibition of expenditure of tig funds on parliamen- 
 tary elections.. ees te eats yer / 1 
 pauper lunatic, payment to, in eanect tet maintenance of ... 48 
 maintaining separate police force, payment to, in respect of 
 pay and Clothing of police force... . 44 
 provisional order where council not urban sanitary eehoty 
 for whole area eas . . 94 
 quarter sessions and petty sessions, eich, to contribute 
 towards costs of rs aie “ es aes se DG 
 sale ane ae rt “oe “ ome te Bier 
 saving for Vis e he vr ieee 
 scheme or order may a wit see ay me na 102 
 standing joint committee, provisions as to ... re . 144 
 town clerk ee : ce LPAlyi 
 town clerk to make fnancaal nats to Toul Goutenment 
 Board ... ha? 30 ae sa ie sie wee 225 
 
 See also TOWN CLERK. 
 deputy town clerk Ae Fad i roe ve Baa AY 
 
 treasurer.. ae re ae wee fasala 
 for what purposes an urban authority a ee arian 
 wards, alteration of ... Je inte Pas ... 226—228 
 
 division of borough into ... ee des ... 226—228 
 
 when to become urban authority... re oe f220 104 
 
Index. 
 
 BOROUGH, COUNCIL OF —continued. PAGE 
 an. urban sanitary authority ... ace = “ . 163 
 county borough, application of Act to, with modification .. Pe 00, 
 
 et seq. 
 Boundary Commissioners, report of ... ie OF sere vO 
 certain bridges, &c., transferred to... . AY 
 larger quarter peaintts exemption, apreément with county 
 count as to ... es ne oe he ee OL 
 joint committee, provisions as ‘5 my ose se ... 143 
 situate in Salford Hundred ... a = DO 
 larger quarter sessions, main roads, when vada 3 in Ponengte 
 to be declared nt : sve edie 
 
 when county council refuses to declavpist mainroad ... 66 
 quarter sessions, to participate in certain surplus a to 
 borough in respect of wards, &c. ... Ae ri . 194 
 to be paid into borough fund... iv soe: ON Wael oe 
 larger quarter sessions, as neha authority, to claim to retain 
 powers, &c., over main roads ¥ a (0G 
 not’ county borough, bye-laws under Highway Acts 65, 66 
 under 10,000 inhabitants, transfer of certain powers 72, 73 
 smaller quarter sessions, revocation of grant of quarter 
 sessions and commission of peace ... : vee eG! 
 effect on, of transfer of certain powers to county council 70 
 with separate commission of peace, pauper lunatics, powers 
 as to, transferred to ... es ie ey site A. 08 
 
 BOROUGH, COUNCILLOR OF... se sae ee 210, et seg. 
 
 actions against . ss 5: Pe yer yh 
 avoidance of office by bankruptcy or absence baa w. 232 
 vacancy, how notified . ise shy pp am «. 233 
 day of election ... ee ay fe ... 241 
 declaration on acceptance of ofiiee = me! sae ine) ol 
 resignation of ... se ay bee be vee eos Ol 
 vacancy in office of ... oe ef ree ROL 
 declaration and return respecting élection expenses a+. O15 
 failure tomake ... 4 re + ‘93 . 315 
 disqualifications... ote “se 213, 214 
 person having interest by himself or partner i in contract, &c., 
 disqualified for being ¥P pts ae +s . 213 
 
 when persons not disqualified... ye Le te 213-915 
 election, claims and expenses at, when to be sent in 314, 315 
 
 election of, how conducted at Pea an 2. 123 
 election of, in more than one ward ... PP 2 ee. B00 
 election without a contest ... Re eo as .. 243 
 publication of uncontested election ... ap Eh ... 243 
 casual vacancy ... ; 4s i ... 243 
 
 fine on person not aphonsine offide of .. Ae wap ... 230 
 
F Index. 
 
 BOROUGH, COUNCILLOR OF —continued. PAGE 
 fine on person not accepting office, exemption i: ote eOU 
 how elected in borough with wards ... ale ab . 241 
 without wards... sh re . 241 
 list of persons qualified to be couneillan but not to be 
 burgess one tea S: Ker bie . 240 
 guilty of illegal practices aa ak ory a) oe 
 misapplying corporate property nad “7 ont eas CU 
 punishment for... ah Ae aed 
 mode of conducting poll at contested election 3 ... 244 
 nomination of ... <r ote aes r ... 296, et seq. 
 candidate ... xs» ie .. - 243, 296 
 penalty on unqualified person pate as ele Wikna's .. 235 
 | validity of acts done by unqualified person ... 466 w. 235 
 procedure in penal actions against ... ane hae PRE 
 | qualification of ... aad et ee NB Ly ee 
 returning officer... Ate oe +E oe oes 2 126 
 saving for’ $y Te oF yee seh Pi 289 oF 
 | separate non-resident re oa is ee aye ... 240 
 | term of office of te 2 as fs tee ne ol 
 J rotation of sae * i ee or "3 ee 2 
 ; title to vote at election of zi i le: ane ... 241 
 ; vacancy (casual) in... ae “A ... 234 
 | vote of returning officer at elections of a rs ... 800 
 } a woman cannot be elected... ... 248 
 - See also CANDIDATE ; COUNTY, CouNcILLoR OF ; "PERSON. 
 f BOROUGH FUND, 
 j adjustment before made, what sums to be paid... ed 
 : award, sums paid under ee nb! Te LOG 
 contribution received in respect of main road 4 ... 194 
 : cost of actions, prosecutions, &c. ae oes is? hes S1 
 . election petition ... ay es nie ORE 
 b when to be substituted for county fad ed oe 5 LOU 
 d election expenses see es ie oa ee eiyhee 
 ‘ expenses of election court... : ag »-. 268 
 penalties under Regulation of Railway’ etl. $e .. 273 
 : proceeds of sale of “burgess rolls, &. . Aer are sack ooo 
 } sums carried to... we Nahe ee 
 advances in aid of colonisation and emigration oe ceva bakes 
 BORROWING 
 a from Bank of England... ... ee Sa ATA ORO 
 when commissioners to arbitrate as to ay ies wan Oa 
 ; as to cost of bridges... Fy Vee bis ee 2 ene 
 : Bycounty council: © .4; cen. tne tee tee Gi nsy e heh 
 on what security te < wr - ele Mes wy, 
 
 for what matters Ba ie vy nee TEAL eG 
 
Indew. 
 
 BORROWING—continued. PAGE 
 by county council when consent of Local Government Board 
 not required . se eet O 
 with consent of Local Government Board x; FLD 
 provisional order, when required Aer ou ae BAS 
 capital sum, when a purpose for Ae sin ee ... 106 
 Cheshire County Council a rte PAS -- 118 
 exception as to county palatine of Lancaster ue Pre 
 London County Council ree ar ay _ 7G 
 power of, not to be delegated ... m “3 .. 52,143 
 repayment of ... a nae si 1G 
 on security of Local Tamston Asoounts vise vie certs 
 transfer of power to county council ... ee Pe cra) DLO 
 BOUNDARY, 
 adjustment between boroughs and counties on change of 269, 270 
 alteration or definition of ... ye abe ine Se ys 
 alteration of, by order .. ee be aan) Ok 
 apportionment of councillors, &e., on  aiteretion nit oe 95 
 alteration, general provision as to: eae ae eae LOZ 
 future decane Gligae rs es Bs a2 1. 95 
 meeting of ratepayers as to alteration of a =e ... 269 
 cerns of, by scheme or order... a ... 100, et seq. 
 of boroughs... om ars “ ... 278, et seq. 
 alteration of, of coroner’s sieuriee es bs a A ea 
 alteration of coroner’s district in Middlesex, Surrey, and 
 Kenta. es sea ae ane Fe aLI5 
 of county for first election ae oe me ‘90, 91 
 between two administrative counties poruions of one entire 
 county... oe th nee aos ae es ops OU 
 of county district oF rae as Peres tf 
 of electoral divisions, how fetenniien an ae ee 
 of metropolitan polies district 3s Af. i: 41, 46 
 of parishes oe ake ae eG 
 of parliamentary bordugh or eonntys B saving for es ... 154 
 scheme or order may deal with ee vas oa os» 100 
 of urban district oa Ge aah $e. ie oe MeO 
 of ward . Cs i, ce ran oh ha 97, 128 
 alteration of wards... Me a ai sh o. 226 
 division of borough into wards Fi a ve +. 226 
 BOUNDARY COMMISSION, 
 report, before whom laid st s F i 4. (94 
 report, when laid before Parliament ... a) és . 94 
 BRIBERY, 
 a corrupt practice < iP oa ni ye vas Roe 
 
 definition of ... bee ve ee ee 254, 334, 337 
 
BRIDGES 
 
 Indea. 
 
 BRIBERY—continued. PAGE 
 avoidance of an election for . 254 
 corrupt payment of rates . 335 
 a ground for an election petition 254, 255 
 each act a distinct offence . 303 
 
 116, 141 
 borrowing on iortaare to meet cost of 8 
 building or eniereine of Ke 21 
 carrying main road, maintenance, &c., by county council... 19 
 when county council may meet ‘ : 15 
 when county council may be indicted for non-repair Obsyessh lel 
 
 county councils may purchase or take over existing, Hg 
 
 being county bridges 
 county, not public bridges 
 what to become county bridges 
 when to become county bridges 
 when to be erected, repaired, &c. 
 repairable by county 
 repairable by hundred ... 
 in metropolis ... ° 
 in Middlesex and Surrey 
 maintenance, &c., of, by county sequel 
 not dedicated to public use At 
 public, not county bridges, what are.. 
 rate for maintenance of... 
 what, transferred to county Reroaek 
 costs of repairing 2 
 transfer of powers meats to, ay “iis erent 
 used by public, by Peron or on payment of toll 
 out of repair, presentment for.. 
 
 BUILDING, 
 
 county lunatic asylum... +3 
 meaning of, with respect to burgess qualification 
 occupation of 
 
 BUILDINGS, 
 
 county, transfer of, to county council 
 county council to manage, alienate, &e, 
 purchase of, by county council 
 provisional council may hire . 
 
 to use those of quarter sessions ... 
 for petty sessions 
 
 BURGESS 
 
 alien 
 
 child of, pred to a taught in sa public or endowed 
 
 school .. 
 
 15 
 
 15 
 
 21 
 
 8 
 
 8 
 
 27 
 
 27 
 2G 
 AAR 
 15 
 
 15 
 
 15 
 
 6 
 
 62 
 
 62 
 
 8 
 
 15 
 
 . 140 
 
 . 150 
 202, 204 
 . 228 
 
 eae ae 
 . 109 
 Oe Le 
 Ae! 
 SAW! 
 53 
 
 161, 162 
 200, 204 
 
 . 230 
 
Indew. 
 
 BURGESS—continued. PAGE 
 in city of London 328 
 constable, when disentitled to ote as a 2 bie Jess ge 210 
 definition of 10/. qualification... bis A wo» B08, 204 . 
 disentitled under Act of Parliaricnt ose aks ... 203, 210 
 to elect borough councillors . 211 
 when conneillors to be burgesses... 211, 212 
 enrolled under Municipal Corporate Act, 1882, to be 
 
 electors of county councillors ast aa ees fl 
 elective auditor .. .. 223 
 when burgess franchise to be ecendan to cotate electors 376 
 inspection of minutes, accounts, documents, &. ... Pri = I 
 when may obtain copy of abstract of accounts av sae ees 
 in receipt of medical or surgical assistance ... bes tay eau 
 in receipt of union or parochial relief or alms ... 203, 209 
 list of ... nts nae a fe 136, 137, 226 
 lists, duties of overseers as to.. . 283 
 how made out and revised. ‘ be . 236 
 lists of persons incapacitated for ices by cont &e., 
 practices ake 
 may bring action against unqualified person acting in office 235 
 must be rial to poor rates... eee “3 «. 203, 208 
 occupation by ... ey, nee “ie ae .. 202, 204 
 joint or several occupation... es he --- 202, 204 
 house, warehouse, &c. ... vs ae an 202, 204 
 payment of rates - ras “ep as 208, 208, 209 
 qualification of . — a en c 202, 203, 376 
 qualification by residence “ea ik »-» 203, 205 
 rules as to qualification of, on succession, &e. . 229 
 roll we. 24 
 arrangement Be . 238 
 correction of ed . 239 
 party aggrieved may apply for niendume from High 
 Court na ace 29 
 printing and sale of én ZOO 
 proceeds of sale of... i vee 239 
 to be operative until revision of new burgess roll . 251 
 when not to be questioned che “ eae wo. 235 
 not to be enrolled in more than one ward roll . 237 
 person enrolled in burgess roll sil BOF 
 no stamp duty payable i in respect of enrolment . 237 
 separate non-resident list . 240 
 two or more, may bring action against person making illegal 
 payment or misapplying corporate property . 272 
 when to give security for costs . 272 
 when two burgesses may give notice of casual vacancy . 249 
 women enrolled as mA os pia ats --- 203, 248 
 
 See also List, Rout. 
 
Indew. 
 
 BURIALS, PAGE. 
 area of, a local government area ae “fs +7 wrt Ok 
 BUSINESS, 
 administrative, meaning of ... Soe y gslsl 
 administrative and financial, to be managed by ponnity 
 _ council 
 any other, transferred te Act tb be done by. county conncil 12 
 what, transferred to county council . a 4, 51, 52, 86 
 when transferred to county council ... . oe en vc 
 distribution of, by county council to existing officers i LBS 
 transferred, construction of Acts relating to... a eS 
 transferred to county council, summary a to deter- 
 mine question as to... ' ... ‘ ace bas Sogd Piiy 
 of county, winding up by quarter sessions ... OAM ER ye 
 judicial, county council not to perform ae at 4 140 
 division of court of quarter sessions for... .- ... ... 146 
 reserved to quarter sessions or justices ace a te 9 A i 
 of quarter sessions or any council thereof not transferred or 
 reserved sae fe ee ee ve ie en AAG: 
 BYE-LAWS, 
 as to bicycles, tricycles, &. ... ide se “.') 149, 221 
 conviction under ao sa myth 433 at be LDU 
 county council may make ... ae Wye 31, 32 
 of county council when not to have force in a a borough 2 32 
 confirmation of .. ake oe vss vg eed a By: 
 evidence of __... ios ree Ba ies ode a. 223 
 as to nuisances ... oes os 
 of larger quarter sessions Boreas not courity borough, 
 respecting locomotives, &c. . : + i: 65, 66 
 when approval of county Ral required respecting ssp 166 
 power of borough council to make ... ao NA anal 
 for what purposes ... ef sae oe. ahs we 221 
 offences under... ad A ae se w. 22] 
 in restraint of trade... MEP sue sae 508 feteos 
 saving for existing... ate et Pea ss ... 196 
 when wltra vires... sey ie ae ae a pero wae 
 CAMBRIDGE, 
 administrative county, what business transferred to eae Mal: 
 divisions of, to be separate administrative county ... 85, 86 
 for what purposes an entire county . ate see ee 
 joint committee, when to be porno 41 ‘ee -86 
 occupation of rooms, &c., in a univ araity, college, or hall, at 204 
 university vee ve a Pe rte sae . 94 
 university, saving for ... : FY . 291 
 
 when vice-chancellor of the aniversiey may be a justice for 
 the borough ... aie i ot aa ia «-. 289 
 
Index. 
 
 CANDIDATE, PAGE 
 acts done by, pending petition ow os see ery 
 avoidance of election ... Be se wey seh ele 
 corrupt withdrawal of ... as as Br i ... 308 
 guilty of corrupt practice ae rt & or ... 303 
 form of declaration as to expenses... cae ... 338 
 when claims for expenses, &c., at elections to ts sentin ... 314 
 illegal practices .. ire ae a8 .. 3804, 307 
 her may present election mention ap oe 4,5 Beet) 
 guilty of illegal practices ae a ae ea ane BOT 
 when illegal practice innocent ae df ee) 
 when exonerated from corrupt and illegal practice .. 312, 313 
 two or more joint candidates at election a --- 3805, 306 
 meaning of sy ire ves ove) wD To 
 nomination of, for office of councillor se a wo. 296 
 notice of nomination ... ve 298 
 nomination of, when absent ea United Kingdoms ose 209 
 payments and employment by, when illegal “7 os U8 
 publishing false statement of withdrawal Ole xe ... 806 
 return and declaration respecting election expenses 314, 317 
 
 two or more may be made respondents to same petition ... 59 
 when cannot be made respondent to an election petition ... 257 
 
 withdrawal of . rs 27 — Pas ia ... 299 
 
 counting of votes. “fe oes a+ ini cm eteou 
 CANVASSER, 
 
 repeal of definition of ... sa ach vs oa we 254 
 CAPITAL MONEY, 
 
 meaning of i ane sb sss ax aewby, 
 
 not money previously borrowed ots nity ae Per a iy, 
 CAPITAL SUM ... ay wae ars 
 
 agreement as to exemption becveen county council and 
 
 borough council $4 see ve oe <a) 
 when to “be treated as capital .. 7 Be Bal Ly 
 
 when a purpose for which council may Barra ve LOGE 
 CASUAL. 
 
 See PAuPER: VACANCY. 
 CATHEDRAL PRECINCTS, 
 
 Jurisdiction over, saving for ... a ie ass one tle 
 CENTRAL CRIMINAL COURT oat rs Be ... 156 
 
 included in term assizes ad Es “2 57, 165 
 CENTRAL CRIMINAL COURT ACT, 1834, 
 
 construction of . fH is ies ist ie mere Nei 
 CERTIFICATE, 
 
 of barrister, as to rules of scientific society ... a ete YE 
 
Index. 
 
 CERTIFICATE—continued. PAGE 
 of election court Py AP a i tse 260, 261 
 as to election petitions = se Ay ne 200 
 indemnity to witness by election court re +25 . 327 
 person holding certificate under Licensing Acts cuilty of 
 
 corrupt, &c., practice +e fe +7 it 6 338 
 of Commissioners of Inland Revenue ane es eg a0 
 of Local Government Board, when final... by 48, 195 
 
 when may be varied A edits. 
 
 as to payments of county etneil in place of local grants 
 41, et seq. 
 
 as to proportion paid of Local Taxation Account to Sagh 
 county, when final... ce Ap aE i) Oo 
 costs of local inquiry Wes at tp oe ... 155 
 metropolitan paupers... as sop vee ... 84 
 
 poor law union 
 
 of county surveyor... ar “e wee tas See 
 of Secretary of State ... Ras hes iste Pe rae 4G 
 as to efficiency of police ... Re Ay ts ae eo 
 as to places of religious worship esi eh Mey tied 
 
 CERTIORARI, 
 writ of, when may be issued ... “ me Rei «.. 142 
 exclusion of ... 4 ay ere 
 when proceedings shove want of farisdiction eee an 
 
 CHAIRMAN, 
 borough council, at election of alderman _... se ... 246 
 casual vacancy in office of _... we ... 249 
 duties as to casual vacancy in eromite pice, “ec us 249 
 county council . ey He uae a ... 4, 295, 296 
 
 to be Hastie’ of the peace .. or aa ase 4,139 
 actions against... eae ... 276 
 when alderman, not to ee: in election BE ats eae, 
 not disqualified by absence oats oa tes ag 1!) 
 when to be elected ay ef a 247 
 may be elected from within or without the council ... 214 
 election of . a ay man a a «-. 247 
 election of, on what day .. as , os Pree Lac 
 election of, equality of core 77 rat Bs Lg AGE 
 from whom selected i. AA) he ae! 
 aldermen to take part in electionof ... “1. Hels 0 
 to consist partly of “3 fa er iv | 
 term of office at -. a. ae 4,170 
 duties as to meetings of penncile bec ... 293—296 
 avoidance of office by bankruptcy ot ... 232, 233 
 vacancy, how notified... ee ... 233 
 
 application of Municipal Corporations Act, 1882 ,,,_ 125 
 
Index. 
 
 CHAIRMAN—continued. PAGE 
 
 when persons to be fined for not accepting office of ... 230, 
 
 231 
 
 exception ... vi ove - 230 
 when clerk of ew Dean Be -» incapable of 
 
 acting... ore Pe des i ior .. 235 
 
 oath are 4 oh ate it ‘ 284 
 
 to continue to be member of sounell ee det oo. 232 
 
 of county council committee to have a casting vote .. 145 
 
 of county and provisional councils, election of sad ee we | 
 
 vacancy in office of ... Dei se! he me er & § 
 
 See also Person. 
 
 of quarter sessions in Lancashire, salary or pension of ... 86 
 
 of London quarter sessions ... is ie ce 79, 178 
 when to be paid ... ae hs pes wn AP oh) 
 
 qualification of ,.. poo pee (hs lg nr 
 salary of ... se eh re eal a 79, 184 
 tenure of office... ef ads vin AD 
 when paid, not to be eligible to § serve in 1 Parliarnente 80 
 not to practise as a barristae suk ‘” sie OU 
 to be justice of peace for county of London ve ea 
 Middlesex quarter sessions... sen meas Pre ... 184 
 of provisional council, election of ... “si oi ee 70 
 equality of votes, or selection of ... ee ae ... 174 
 selection, when to be determined by lot me: pe AE 
 when to signify acts of council ... ste se Paty @ 
 to convene first meeting of county council ... ... 174 
 when to have a casting vote... ves |) peas 
 
 of quarter sessions, salary nd remuneration of -. 164,165 
 application of, as to questions arising about business 
 
 transfer .., is gat mS cane 
 
 of standing joint committees, élection of oF a see e 
 
 CHAIRMAN, DEPUTY, 
 London County Council, appointment of ... ste ... 155 
 
 powers and duties of _.... abe se is yea LOD 
 remuneration of ... e se isk oe aL Oo 
 tenure of office... ao aa hi: iv mad i Ess 
 election and duties of _..., ay; = ie ee yf 
 
 not disqualified by absence... ob i ibe ... 129 
 
 See also CHAIRMAN. 
 
 of London quarter sessions, appointment of iM Sue te 
 qualification of ... ni 4 ee olay mage! 
 salary of ... eke “ag at sin tre 
 not eligible to serve in Parliament sie Te of ati 
 not to practise as a barrister _..... de cs The hi 
 
 See also CHAIRMAN, 
 
Index. 
 
 CHAIRMAN, VICE, PAGE 
 county council, election of ... war ned + 4,171 
 duties of ... 171 
 rules as to oi 4 
 See also CHAIRMAN. 
 
 CHAPEL, 
 election not to be held in 252 
 
 CHARITABLE GIFTS, 
 registration of, by county council 11 
 how to be registered 12 
 
 CHARITY . 210 
 memorial as to, when to ‘be registered) DY 
 saving for . 108 
 
 CHARITY COMMISSIONERS ... . 210 
 
 CHARTER 
 of borough, town clerk to have custody of ... rar AWS 
 municipal, saving for ... ss . 197 
 of new borough, ny ern 97 
 
 CHEQUE 
 of county council, how made out . 142 
 
 CHESHIRE 
 county council, borrowing by ... . 119 
 surplus revenue of River Weaver Trust . 164 
 
 CHIEF CONSTABLE. 
 
 See CONSTABLE, POLICE. 
 
 CHURCH, 
 election not to be held in . 252 
 
 CINQUE PORTS, 
 admiral . . 291 
 Lord Warden we 5. 291 
 provisions in Municipal Corporations ‘Act, 1882, as Ao 287, 288 
 revocation of grant of commission of peace ... : pee: 
 
 of court of quarter sessions 72 
 
 to form part of county in which situate for purposes of Local 
 Government Act 89 
 what are... 89 
 
 CIRCUIT, 
 
 South-Eastern, separate counties for purpose of revisinz 
 barrister 
 
 . 186 
 
Index. 
 
 CITY, PAGE 
 existing privileges as to sheriff, lieutenant, military justices, 
 or coroners ... a re 4° oe oles” ROU OL 
 citizen ... ep Se a se ‘Ke ae eo. 202 
 CLAIM, 
 of guardians, authority, or officer of area for certain payments 48 
 CLAIMANT, 
 person claiming compensation mo we =f. ose LO 
 compensation, aie payable to ai £ oss LOU 
 when to be informed of decision of county counenae »- 190 
 attend meeting of county council iy ond eee 
 examined on BA, re ai! ay BAP sen. 
 oath, how administered ... re sie ae peg EI | 
 produces books, papers, documents, &c. . Bs . 191 
 agerieved as to decision of county conned respecting his 
 claim for compensation ra ae ie eat hey 
 
 to be a specialty debt... ae se Ap sent) 
 See COMPENSATION, OFFICER. 
 
 CLERKENWELL, 
 what cases to be tried at bcs ce sae oe wa. 182 
 
 CLERK 
 of an authority ... $5 ad ce ie ... 139, 140 
 urban authority... mr wa ae oes oc 46, 47 
 
 CLERK OF ASSIZES, 
 
 salary of... ee Ae “ts Hh ee “ss arr bie 
 CLERK OF COMMITTEE, 
 
 appointment of ... ou 7 vy" ee yy ... 149 
 
 removal of oe ay. Ay yy ae “ee ... 149 
 
 salary of... ap ae BA eee aaa Ree ... 149 
 CLERK OF COUNTY COUNCIL _... ... 189, 147, 217, 273 
 
 acts done by candidate pending petitions against ... ste 2E9 
 actions against . es re ay ob eee TG 
 appeals from revising barristers ie ote aoe w.. 239 
 when incapable of acting oe wis ae ey Pree sts 
 to keep packets of ballot papers eat sae Dae ... 369 
 appointment of deputy... cs Afr oe ... 146 
 deputy to countersign certain cheques. ss oes -. 142 
 duties as to casual vacancy in corporate office ay ... 249 
 in office of chairman ... an am ... 249, 250 
 duties as to disqualification of voters. ie sie eer) f, 
 meetings of council oe in ive 237) 204 
 nomination in elections of councillors <s ... 296—300 
 
 to receive names of persons elected councillors 127, 167, 168 
 
a a ee - 
 
 = ee eee 
 
 SS 
 
 Index. 
 
 CLERK OF COUNTY COUNCIL—continued. PAGE 
 
 when declaration on acceptance of office to be subscribed 
 before .. “2 we aT a es ay 201 
 duties as to election pecia ae ae -.» 260—262 
 election petition to be sent to... te is ee ~~ Loe 
 when to publish election petition in peo et web, 250 
 withdrawal of election petition ae Pact ... 263 
 to provide accommodation for election court Ay . 266 
 expenses of tes ee Ad. . 266 
 remuneration, expenses, &c., perneetad Re lesion court 269 
 return and feavon sieges election expenses 315, 306 
 existing clerk of peace to be ... ee Bae ean 1407, 184 
 to hold office of clerk of peace ay ae re ... 185 
 may appoint deputy ... He ee fe aaa ae LSD 
 term of office of... a ‘s fe Je eg ES 
 when to have powers of town clerk: eae eee ore ek 2O 
 inspection of correspondence, &c., with Treasury at office of 283 
 offences in relation to county Siocon anasists) srt, oo. 252 
 payments out of county fund ... ee dee oe fee 142 
 to countersign cheques of county COUN ye, se ee ... 142 
 when not eligible to serve in Parliament... ae . 149 
 
 returns and “information required by Parliament, ue 
 88 tO... se ... 148 
 to make financial mae to baal on aR: Board “go 225 
 failure to make ... aes as ee Pe, <i ose 225 
 salary of.. aes as ... 146 
 to keep voting g papers 53 Blection of aldecther are .. 246 
 London County Council, what documents to have charge of 148 
 salary of ... f . 148 
 
 powers of clerk to Managers of Metropolitan Aes 
 District transferred to ... = se a re «64 
 Suffolk, East and West cea Yi of ate my LoD 
 Sussex, East and West... a Hs ar ... 185 
 
 See also CLERK OF PEACE, Town cee 
 
 CLERK, DEPUTY; OF COUNTY Sat EAL 
 appointment Ory. es Pa “= es ty --. 146 
 See also CLERK OF ‘Vee, 
 
 CLERK, DEPUTY, OF LONDON COUNTY COUNCIL, 
 appointment of ... a a Ae a ... 148 
 See CLERK oF COUNCIL. 
 
 CLERK OF CROWN IN CHANCERY, 
 when no return as to elections to be made to ... 3800, 367 
 
 “OLERK OF GAOL SESSIONS 
 
 of Lincolnshire and Yorkshire to be clerk of joint 
 committee... ae ep ae rae ire x (LOG 
 25 
 
Index. 
 
 CLERK OF GENERAL ASSESSMENT SESSIONS, PAGE: 
 compensation to Bi i ee rT es ... 185 
 
 CLERK IN HOLY ORDERS, 
 not disqualified for being elected and being county alderman 
 or councillor a 2 
 disqualified for being elected Ki being borough councillor 213 
 
 CLERK TO JUSTICES, 
 
 apppointment and removal of... ae Vs a ... 149 
 salary of... cts ute as es ee He ... 149 
 fees and costs paid to ... ve “EY a a we 54 
 how appointed in boroughs ... i a jes ... 149 
 
 in counties... ay ne is + sae eee 149 
 when clerk of an authority... iy dee vr ... 141 
 tables of fees to be posted a oa ahi .. 282 
 of London Court eae Ts oP oe of 4 a LOL 
 
 fees of oie ee a i me sta1 
 salary of.. Af : 4 9, 52, 54, 164 
 
 standing g joint committee, as to certain matters relating to 52, 53 
 
 CLERK OF METROPOLITAN BOARD OF WORKS, 
 to receive names of persons elected to London County 
 
 Council Fs so es nf! 2 Se nares 
 CLERK OF PEACE an eae vee ae ... 138, 141 
 appointment of .. ti. or bas fe ... 146, 185 
 by whom appointed rie a ive 02 
 as clerk of county council may appoint deputy 146, 184, 185 
 powers of een ne er ae ey oe seen LOU 
 Cinque Ports... Seer) eases sine as os” 256. 207 
 compensation to.. He 48 45, 184, 185 
 contracts. or aeeconts made jhe saving for e: ser 
 conveyance, ial of land in name of . Be ... 141, 142 
 to act under ares eon of county council in reference to 
 business of council ... i se aes re ... 147 
 deposit of plans or documents ... Y, Ae .. 147, 
 jury lists ... ae tee ae is it 5 tie 
 registration matters ed or vet de RN Ys 
 to become clerk of county council ... «eh oe ae 185 
 to continue to be clerk of peace ver a see . 185 
 when clerk of an authority ... 3 sed . 141 
 when clerk of council to receive names of perons elected 
 county councillors ... 4? 2 af SS G7 
 death, illness, or absence of ... ae mat ... 146 
 
 anne as to burgess lists and register of county. ‘electors 236, 237 
 duties, &c., as to paxlanientame elections, lists of voters, 
 &c., when district situate in more than one county a tn 
 
Index. 
 
 CLERK OF PEACE—continued. PAGE 
 dates, &c., after appointed day a ae if als 
 duties as to fines and recoveries 4 ye sey er: 
 first election of county council, duties as to ... AY en 200 
 list of votes, when to supply to another clerk of peace 
 
 portions of ... eng ¢ pane hots Loo 
 of borough, where ects have peed combined . re ey! 
 of franchise or liberty .. ie sa te ite 989 
 parliamentary election, sairit Ce ry. oe des tae 101 
 precepts by, as to county electors... ee ... 386 
 printing and sale of county and division registers Ba ... 240 
 powers of sale... Per = .» 239, 240 
 property, &c., held by, to aethe in n county council ... 108, 109 
 property of ae yee ce ae ... 164 
 provisional council, to act as orien of iP 4 “er BME 
 registration of eon, eee a oF AT zeus a hd8, 139 
 voters, powers of ... ve © ey pee LOL 
 expenses, &c., of, as to registration of voters. ay ifs 10 
 removal of “oe ai ... 146 
 remuneration as clerk a county council ae Ae By aa ia fe 
 remuneration in respect of services in bringing Local 
 Government Act into operation... wea ie ... 172 
 salary as such clerk .., ee ae of yr nee ap 
 as clerk of council... ies ee wis ar sega base 
 salary, fees, and costs of 4H ae zee 145, 149, 164 
 scheme or order may deal with “A ; as . 102 
 standing joint committee, as to certain matters re- 
 eine ton, : 52, 53 
 standing joint committee, aie substituted for quarter 
 sessions and local authority, as to salary and fees of . 146 
 to arrange separate non-resident lists... a oe ... 240 
 to have charge of records and documents of county... ... 146 
 to make up county register and division registers of county 
 electors =a a aes ee LOU LOY, 
 deliver same to eiirnine Pricer np ed Hul6 
 when to deliver copies of revised lists to another clerk of 
 peace ... hee a boy LG 
 when deputy Biny be appointed iss oe ... 146, 185 
 of Lancashire ... : te iss too 
 of Lancashire, powers ahd nies of. Ay aa ... 148 
 appointment anid removal of, in Peete ne »-. 148 
 
 county of London ay. a y ae ae aoe 
 first clerk for eae ye S ee ae see 148 
 
 fees of tie ~ pelSl 
 for county of London a Syetee office fon etch of London 
 County Council “a! ree ... 148 
 
 London, what records and documents aa biioe charge of ..4 148 
 22 2 
 
Index. 
 
 ‘CLERK OF PEACE—continued. "PAGE 
 Kent, Middlesex, and Surrey, when to deliver revised lists 
 
 of electors to returning officer as Ms . 169 
 
 for Middlesex to be clerk to justices of county of London .. . 181 
 
 Middlesex, to be clerk of county council ... ae . 186 
 
 to be clerk of peace for county of London 148, 184, 185 
 not to be clerk of London County Council ... ee Oy. 
 
 Suffolk, when services to be deemed continuous ... pee 188 
 Suffolk, East and West, and justices of a Jon 1° ABH 
 to x clerk of Sonus for East and West Suffolk ... 185 
 of Suffolk, East, to keep existing county records ... . 148 
 general sessions in Suffolk... : wee . 147 
 Surrey, when deemed clerk of peace for county af 
 London a BF sie, MLB LOT 
 quarter sessions held at Newineton 4 waa LBB LO 7 
 what records to be kept at Newinbton set pele? 
 of Sussex, East, to keep existing county records ... ... 148 
 Sussex, appointment and removal of... coe Raney gehts 
 
 Sussex, East and West, and justices of Si a aes LSD 
 to be clerk of councils for East and West Sussex ... py ane bas 
 
 Sussex, when services to be deemed continuous ... Stele ys 
 
 general sessions in.. tr te 0°) 147, 148 
 
 sii of each county a eerainee ofc Otese: re PRET) 
 
 one person may hold both offices ae “$4 re cv 
 may also be clerk of peace and clerk of general sessions 
 
 at same time... ae Ah ort heer 
 
 appointment of and removal i in . Yorkshire oe an ... 148 
 
 See also CLERK OF COUNCIL. 
 
 CLERK OF PEACE, DEPUTY, 
 appointment of ... at waa es ane we .. 144 
 Lancashire Aa ae see eae — ... 186 
 appointment, &c., of oe ie a aah ot PRL SS 
 See also CLERK OF Puan, 
 
 CLERK OF PETTY SESSIONAL DIVISION, 
 
 appointment of .. fe ie ene oe ove 449 
 compensation to, when salaried 5 ee bs ah BLO 
 removal of ves 5 a ree a: a “55 140 
 salary Otis re - +2 Hr Bp mee 11, 149 
 
 in county : London ... a aA aa one LBL skoe 
 services, when deemed continuous ... s on wong Cu, 
 
 CLERK OF PROVISIONAL COUNCIL cod), ane ae Rem 
 to countersign certain orders... ... 9 *.. Be see 
 
 CLERK OF SPECIAL SESSIONS, 
 salary of... bas ae ny “. oe +. ee & | 
 
= 2. =~ 
 
 Index. 
 
 COLLEGE, 
 when to appoint member on district council 
 
 COLONIZATION, 
 advances in aid of 
 a purpose for borrowing 
 
 COMMISSION OF ASSIZE, 
 borough having separate 
 
 COMMISSION OF PEACE, 
 
 revocation of grant of . 
 
 when may be granted to combined borough . ee 
 
 for county of London ... Bee 
 grant of, to county of London... 
 jurisdiction of justices in 
 
 COMMISSIONER, 
 for trial of election petitions ... 
 remuneration of 
 
 for alteration of, or division of borough into eadare 
 
 may administer oaths 
 remuneration of 
 
 when to be a justice of peace for county of condone 
 
 COMMISSIONERS, 
 under Local Government Act... 
 who are 
 
 adjustment, what to he ae into Resa in ruaking 
 
 PAGE 
 94 
 
 116, 118 
 . 116 
 
 54, 5D 
 
 71 
 
 eae Y 
 180, 181 
 TL 
 
 77 
 
 arbitrators as to adjustment of property, income, &c., of 
 
 boroughs and counties 
 authority of 
 when an authority 
 award or order of ae 
 award, what it may deal wither 
 award, sums paid under 
 
 award of, not to be removed into thin Cone 
 
 costs of, adiustment of .. 
 taxation of costs 
 
 under Local Government Gs to there ‘apportionment 
 
 of property, debts, &., between London County Council 
 
 and counties of Kent, Middlesex, and Surrey 
 
 76 
 
 when to determine financial relations between beets 
 
 of county and borough... 
 
 costs of inquiry and award, by whom paid 
 
 inquiry by... 
 powers as s to eee 
 
 lunatic asylum, when to appoint’ committee of visitors 
 
 to Pah AA 
 
 Kee dete 
 ... 105 
 103, 104 
 . 104 
 
Index. 
 
 COMMISSIONERS—continued. 
 
 PAGE 
 officers of ae vee sth os 7103 
 remuneration and expenses of ... saa -» 103, 104 
 debts, &c., after appointed day ... sa 109 
 transfer of property of =) 208 
 vacancy, how filled up . 103 
 when powers to cease 105 
 
 See IMPROVEMENT COMMISSIONERS; INLAND REVENUE 
 
 COMMISSIONERS. 
 
 COMMISSIONERS OF CUSTOMS, 
 Saving as to powers of ... . ae as >a genta 
 
 COMMISSIONERS OF SEWERS, 
 
 See also Joint Commrrrne ; Sranpine Joint COMMITTEE ; 
 
 VISITORS, COMMITTEE OF ; WATCH COMMITTEE. 
 
 160 
 
 powers, &c., of, may be transferred to county council 17 
 draft order transferring powers, &c., of, to be approved by... 18 
 in city of London ny aed va sas --. 155 
 to participate in entire surplus paid to metropolis in 
 respect of roads... ; ve + . 193 
 in metropolis, duties, &c., how to be discharged 78 
 COMMISSIONERS OF TREASURY, 
 compensation to clerk of peace and other officers 45 
 COMMITTEE 
 of borough council re ee ae aa nel 
 executive and sub-, as to Contagious Diseases (Animals) Act 178 
 county council ... pe ae is ake nde «. 220 
 chairman of, to have a second or casting vote ... . 145 
 may delegate business to ... 51 
 meeting of ‘ls iis a ey “sa «.. 135 
 of county council, application of Municipal Corporations 
 Act, 1882 y. =! Ae ra ae ss. 124 
 of county council, proceedings of... stg aa /1415 (144 
 to report its proceedings vag iyi bie ss. 145 
 to what extent proceedings of to be approved by county 
 council : s. 145 
 quorum of sia «. 145 
 of county lunatic asylum ive ow 2. 152 
 county lunatic asylum, powers and duty of... waetoe 
 finance ae seg «.. 142 
 See FINANCE CommIrtEE. 
 pauper lunatic asylum, elected by county council .., ph Ye: 
 when to come into office . rs WH) 
 how long to hold office ree ne f 
 visitors for pauper lunatic asylum ... 152 
 chairman of “a aap yt sel a . 152 
 rooms, use of certain premises at elections, when illegal ... 311 
 
“2 — a 
 
 Index. 
 
 COMMITTALS PAGE 
 for trial in county of London ... va fis db0 3-00 
 
 COMMON COUNCIL, 
 court of not to appoint common serjeant or judge of the 
 
 City of London Court Sag % ae te Day. 
 in city of London af ths ee ». 028 
 See also LonDoN, CouNncIL oF CITY OF. 
 
 COMMON SEAL, 
 
 county council to have... ... 142 
 COMMON SERJEANT, 
 
 appointment of... 82 
 
 qualification of ... 82 
 
 82 
 
 saving for 
 
 RPGENGATIION «06 Sece 7 ee seep eset ove, 105, 189 
 
 clerk of general assessment sessions ... a A 45, 184 
 clerk of peace ... 3 at nis es 45, 184 
 salaried clerk of petty sessional division ... ve 45, 184 
 for crops removed or destroyed to prevent spreading, &c., of 
 destructive insects ... es “ae ae ee oO 
 persons entitled to, to make a claim ... te! ate 121.190 
 to make a statutory declaration ... *. ree s-. 190 
 to chief and other constables ... e150 
 to coroner pi Ay 13, 180 
 
 to existing officers on abolition of office, diminution or loss 
 of fees or salary 61189 
 amount of, how determined : 189, 190 
 _ to officer on abolition of office... ae ne eee 0. LOU 
 for damage by riot... Ts fe the ise ey Pht 
 under Riot (Damages) Act, 1886, paid out of police rate ... 158 
 when claimant aggrieved respecting decision of county 
 
 council thereon “ae Le pea eLoU 
 
 - when county council to assess amount ore ir BW 
 when payable et Cow 
 to be a specialty debt ... eA 
 
 where officer has been granted compensation afterwards 
 
 appointed to another office ... . 191 
 See also CLAIMANT. 
 COMPTROLLER, 
 audit of local taxation account 50, 51 
 COMPUTATION 
 of time 280, 372 
 ... 280 
 
 day, what is 
 
Index. 
 
 CONFIRMATION .. PAGE 
 -of bye-law of county council ... ne Jie rie st. 32 
 by Parliament of order... eet = nae sve! SLE ALOT 
 of provisional order relating to Scilly Islands ‘ve «- 90 
 of provisional orders... 36 se ee ine 18, 94 
 of provisional order altering boundaries .... “pk 95, 100 
 of rules of loan societies ae me ak ae 
 
 CONSENT 
 of Local Government Board to proceedings under Rivers 
 
 Pollution Prevention Act ... ond one vy She po0 
 of..Local Government Board for borrowing, when required... 115 
 for removal of officer sé mee res .. 188, 189 
 
 CONSERVANCY OF FISH. 
 See Fish CoNSERVANCY. 
 
 CONSERVATORS, 
 when an authority “$i an ie ae cas ne tad 
 when powers of, transferred to county council _.... ns Wf 
 draft order transferring powers, &c., of, to be approved'by... 18 
 of rivers, when appointed oe 2 oat rege oh 
 of peace, justices of peace to remain ... 4 te seed d 
 CONSOLIDATED FUND, 
 sums issuing out of, to local taxation account Ae oes 195 
 
 how repaid... te ee a ie Se ses 195 
 
 CONSOLIDATION 
 of debts of county ye is es sea 115, 116, 119 
 county council may borrow in respect of  .... tie speed Hs 
 issue of stock Ree aie 5h xi Hem) LAD 
 of police forces ... : he ae se 59 
 
 CONSTABLE, 
 chief, appointment of .., a a ae ne Shot 
 liability of... ve be ans ~ aa sap oes 
 and other constables, abolition of office of a Tee: 
 compensation ‘ee 4 Sa ame an Peta 12) 
 and others, when to obey orders of justices of peace... 17 
 when disqualified to vote as a burgess se ar --. 210 
 
 costs in defending legal proceedings, how paid. cee ie 
 may take bail of persons charged with petty misde- 
 
 meanor a i: a Rie qe oss hee 
 recognizance in such case ye ea shea 
 when to give assistance at county election fe soe DOT 
 chief or other, of police force of county to become officer of 
 standing joint committee... ee be vee LST E8 
 of police force of borough ceasing to maintain force, to 
 become constable of county police force ... ave a... 188 
 
Index. 
 
 CONSTABLE—continwed. PAGE 
 an officer holding office in county : 9 
 Tower of London ez, : 184 
 See also PourcE. 
 
 CONSTITUTION, 
 new borough ... ved ee Ea2 3 = ye EW 
 of county council we ce “ei ...1—4 
 
 provision as to, not to apply to county b borough enn 
 of county electoral division ... ae aol 
 
 CONTAGIOUS DISEASES NiMArs) TNT USED gee 10, 116 
 execution of Acts relating to, transferred to county council 10 
 executive and sub-committee of quarter sessions to be 
 
 succeeded by councillors of county council ee Paylite 
 powers of county council may be delegated ... te a bY! 
 in borough under 10,000 es a Soa nAa ae 72, 73 
 transitory provisions asto.... oe i 178 
 powers of provisional council atts may be transferred to 
 
 county council on ; Pusey; 
 
 where powers transferred from o one administrative county to 
 
 another as bas as ee 
 CONTRACTS 
 of county council ata ao ... 142 
 between county council and district cotineill as to: "repair of 
 main roads... <e : a 5 ee: 
 existing in smaller quarter sessions orsuaha ty we 10 
 subsisting, saving for ... A ee TY: 
 by larger quarter sessions boroughs as 5 fo Innatic asylum ‘seu bap 
 CONTRIBUTIONS, 
 annual budget ... ahs ‘ eee a ee L2d 
 as to assizes and sessions ee op Te ive ae Cy 
 by county borough to county .. ee en OG 
 borough, grant of court of “einen sessions af aeey Seer es 
 towards erection of bridges, &c. “fee ke An A Bg 
 calculation of, how made _... ne — ois 59, 60 
 _costs of assizes in city of London ... +r ea eee he: 
 by county authority as to revising barristers xs ... 384 
 
 county ... af ris nae és A .i8 40, 152 
 
 basis for county... ny ae a : ete My 
 towards county jenatie ayant TP = iP tp alg! 
 when deficiency in general county account ... wes meee Be 
 
 in special county account... Lr ap «. 114 
 exemption + oe at it TF R-) » EGY 
 expressions relating to. yan OG 
 existing . . 55 
 
 during local finatibial year + a5 és its o» 123 
 
Index. 
 
 CONTRIBUTIONS—continued. PAGE 
 upkeep of Manchester assize courts ... Bea eos a «87 
 meaning of ner eat ie ‘it Pee TP!) 
 power a provisional council a levy a ves Sei cee We’ 
 precept for, how levied, collected, and ‘enforced te ss 176 
 precept for, what it may include... eae +e ves 11d 
 main roads rs eos a Oe a ote six OO 
 when retrospective ... . 114 
 to reformatories and industrial schools; when county ‘council 
 
 to make ss vs ee = oi ee Saad 
 as to roads in Tate of Wight ae i ry os fos 2D 
 standard or basis for ... a mi rei 61, 163, 164 
 
 CONVEYANCES 
 of county council sae ane Mes yi nae pr cl 
 
 CONVICTION, 
 member of corporation guilty of misapplying corporate 
 
 property ¥. 208 ue He 20h 
 under bye-laws SARS » ye be. vs Sis Pe iY 
 of court of summary jurisdiction, appeal from ee .. 272 
 of person refusing inspection of certain documents... Sages 
 person guilty of corrupt practices at elections mee ... 802 
 when not to be quashed for want of form... ike Qe Dee 18 
 
 CORNWALL, 
 county council of Cornwall, powers of, in Scilly Islands ... 90 
 provisions as to Scilly Islands... bed Tf, ar ... 90 
 
 CORONER, 
 appointment of .. ws ee ee Ae AR. 
 appointment of, when aigeriees commcein vhs sha ws. 14 
 not qualified for county alderman or county councillor for 
 
 county for which he acts — ... ne se ins .. 14 
 county, alteration of boundary may affout A aes <1t LOO 
 disqualified for being county councillor ise . 213 
 Cambridge, Lincoln, Northampton, Suffolk, Sussex, Yorks: 100 
 Cinque Ports:- ... om whe wc ... 287, 288 
 in city or borough a : =e . 100 
 compensation, when made fone on alters aisnagee 5 42m eo 
 costs of, when borough council to contribute towards arene 9) 3) 
 how to te elected fe ~ ve 12, 13 
 when elected in pursuance of art aid cor orchard eligendo 12,13 
 election of, when district in county borough + «. 63 
 writ for, by whom issued An ous Sere ue 
 not to be alderman or county councillor whet clested re Ee 
 when district situated in two administrative counties rae 
 
 when. district of, situated wholly in one administrative 
 county, council to appoint ... ne tis bale ie FLO 
 
Index. 
 
 CORONER—continued. PAGE 
 to have notice of petition for alteration of districts... ie is 
 still coroner for entire county after district assigned one 
 fees payable on holding an inquest... et Ae cay. ao 
 jurisdiction of, proviso ¢ ESSE oc. ase MF rend 
 when not to act as solicitor in prosecuting ¢ or defending a 
 
 person... oe i oe ate vse wi 614 
 when Beis of certain: ¢ crimes.. 7 2 14 
 Middlesex, Kent, and Surrey, Seman of serine a LOU 
 compensation to ... £ sy aeet LOO 
 when district partly within eounty a Loddon ah a7 150 
 provisions as to, not to apply to county borough ... mn OZ 
 in smaller quarter sessions ee powers as to transfer to 
 county council = : ee ee ae 69, 70 
 scheme or order may deal ie me nee ee OU LOL 
 when district within county of London pe ees eno 
 salary, fees, and expenses of ... -... mi eee LOU 
 when may joint committee be for purpose ae ore aoe Uae 
 in smaller quarter sessions borough . he = a L090 
 of borough, where boroughs have een combined ... oe 0G 
 powers, &c., of . ie : ee wale 
 when, may re Raed by Tend evanteliav: a me 14 
 removal -of, proviso as to ay. eee pea LS 
 holding offices incompatible a cause for removal - Are ww. 14 
 what are such offices af “ei ee aa we 14 
 remuneration of.. Pre Oo we aa. 13 
 salary and fees of when paid ts caiitint “egieaye — eS, 
 4 salary, fees, and expenses when districts commingle ar l4 
 j county, paid out of county rate a be fe ee ao 
 tenure of office ... eh ere $5 ipe be os 14 
 
 CORONERS ACT, 1887, 
 repeal of parts ... yr. ae are sts “i ae 14 
 
 CORONER, DISTRICT OF, 
 
 assignment of, by county council... <n she 9, 10 
 division of county into, by county council ... ae PS 
 situated in county borough ... ea ate s. 63 
 when borough under 10,000 to be annexed s hs Re ole 
 when county divided into more than one, county council to 
 assign a district sea eke 
 
 when situated partly in one Pe aduinicantive county and 
 
 partly in another may be altered on next avoidance of 
 office of coroner, or earlier ... ie eas dx festa led 
 wholly in one administrative county ... aa uw. 13 
 when smaller quarter sessions borough may be attached to 71 
 
 CORPORATE OFFICE, 
 meaning of oe reas GENT dais Pee as «1 328 
 
Indea. 
 
 CORPORATION, PAGE 
 existing, saving for... - a “a es 289 
 CORPS, 
 
 militiamen enlisted before appointed day 
 CORRUPT PRACTICES ... Ss rad 241, 254, 255 
 
 prlya 
 , 314 
 
 a ground for an election petition obs wes o. 252, 253 
 candidate charged with .-. 260 
 reported guilty of... ... 303 
 disqualification of electors een eV 
 form of indictment for .. .-. 303 
 justice of peace guilty a ies ges COU 
 list of electors, &c. eit by reason of .. 318 
 person guilty of.. ao ee ste ove B02 
 petition for Aa 2 ae : FT) 8, 
 when to be predented ae ea sae was O19 
 withdrawal of +. 320 
 trial of --. 320 
 repeal of definition of . og oes ... 254 
 votes of persons guilty of to be struck Oitgaee: ... 252 
 what is ee. 302 
 when candidates pone fo : . 312, 313 
 avoidance of an election for corruption wee 255 
 COSTS 
 of assizes and sessions ... a 67 
 of assizes and of quarter and Pere sessions, bat it in- 
 cludes .. ins ay .. 164, 165 
 assizes, &e., and prosecutions i in Wali; - London 76 
 of award, &c., of commissioners 105 
 clerk of peace a eas .» 145 
 county council, officers: and buildings © wee eee, oe 
 county lunatic asylum .. 152 
 elections of county councillor aoe se ae 130 
 of election petition ... an we a 265, 312, 313 
 of election petition abated oe 264 
 of election petition, payment and recovery oft 327 
 incurred in respect of Exchequer contribution account 39 
 incurred by provisional council 172 
 of hiring buildings of provisional council 172 
 in respect of provisional order.. ; . 154 
 of inspector or officer of Local. Government Board making 
 local inquiry. . . 154 
 allowed to iaeneciars ahalvetl ‘&e. + to be fixal by opunty 
 council = Bes ; sp 9 
 of joint committee a a 144 
 jury lists... Ap es a 165 
 
Index. 
 
 “COSTS—continued. ) oe Pron 
 of justices’ clerks Se Bae a ia mee ... 149 
 paid to justices’ clerk ... is = a ... 54 
 limit as to payment of, ae county Notntel as aaa ... 143 
 ‘of local inquiry .. * ae LO 
 
 of maintaining, &o.) main viroad bridges, Re wre 19 
 of maintenance, ee .. of road, &., retained by irban 
 authority +3 aes eee ore Kes igs rasehoae 
 meaning of hy is . 164 
 of Pi scceiings under Rivers Paltnen Eevention Aer When 
 contributed to by another council .. oes me Peo b 
 of prosecutions ... : a4 oH “e . ree OF 
 incurred by quarter sessions ... Fae oe ag pee bk 
 by justices out of sessions wg i: 5 eed Bly 
 incurred by police officer, &c. ... ees se va Le NMP 
 union officers sch See ER oo 
 of prosecutions and defendants? Witenes gh Ay oer Ody: 
 of registration of parliamentary voters ee 10 
 of returning officer at first election of provisional reouealt 168 
 of ey ational council and future costs of county council ... 174 
 rewards ordered to be paid by court ... “fe nae ey LOS 
 security for ois eee iey UD 
 security for, on Mescnting an cekdiow! Pertion ... 257, 258 
 High Court tofix amount ...  ... . 257 
 
 taxation of . feat Ky ve 105, 132, 168, 256, 267 
 
 COUNTING-HOUSE, 
 occupation of ... Se net nes ae ... 202, 203 
 
 COUNTY, 
 
 administrative .. a a 4s 263 ved pte LGL 
 interpretation of vse A= ay 161 
 administrative, county council to be established 4 in.. Phe L 
 appointed day ... “ae .. 173 
 
 apportionment of number Be county yaaa feos) 
 and borough . Ag sh so a i OCU 
 iiniusttative, when orto is a 54 
 
 quarter sessions borough with population over 10, 000, when 
 to form part of He ore 64 
 
 not to be placed in worse position Ae reason fi borouse 
 becoming county borough ... 65 
 certain bridges repaired By tenaferced to borough councils 62 
 boundary, alteration of... ete UA sa! we we 695 
 union of, with county borough .. 95 
 
 between two administrative eounties portions: ‘of one 
 entire .-... oe be Pe ete 
 
 parts of boroughs franaforred to: “ ay i) 2278, 279 
 
Index. 
 
 COU NTY—continued. PAGE 
 adjustment between, and borough on change of boun- 
 daries ae sve «+» “249, 280 
 boundary, part of one havalieteey. connie transferred to 
 another for certain purposes.. ie ae £3 pe Ol 
 boundary, union of division of Be ss er fiz 25 
 of, for first election re ag as 90, 91 
 where urban sanitary district commin gles a ra OO 
 bridges repairable by ... ee ong eat 
 costs on account of which area assessable to county contri- 
 butions Ss vis ies uve! 39 
 winding up business ee iy quarter sessions , Ete WreltZ 
 contribution by county borough to ... awe a Ay gente) 
 coroner ... ay sxe (AbD 
 when coroner’s sieuee situate wholly within: a nw 1s 
 when coroner’s district situate in more than one... ae: 
 when divided into coroner’s district, county council to assign 
 ODE? eiece i Sed ae exe oy Le 
 of a city, where Aten. mo Me es He 437 65 
 custos rotulorum .. me a Act Ne ae abe Wap | 
 of a town, where pints ey ue A rea 
 division ef a county, interpretation of aa Ee “gy LGO 
 division of, into coroner’s districts by county council eee 
 distribution of probate duty, grant to Rey a <-a.00 
 division of, for election of councillors ees ses Ee oo 
 electoral divisions of, how determined ead it Pre 
 administrative duties on local taxation licenses... etroG 
 proportion of probate duty grant paid to, how determined 39 
 election, nomination paper, to whom delivered _... rar ESO 
 when election petition to be published in... oo | BOO, OT 
 costs of election petition a ay a soi wee 325 
 to be divided into electoral divisions... bias ane a 228 
 having four or more electoral divisions > as e212 
 entire county, interpretation of mr of a . 160 
 financial relations with county borough, adjustment of, 54 et: seq. 
 franchise merged in _ ... i aX" ae stile Bree fete, 
 inhabitants a “se nds rh ee ar ae para 
 interpretation ... =e iS; ce oh me a7 LOD 
 justices ... - ‘ eat st re aid ave velUy 
 liberty merged i in ac an a vie ee (OS 
 lieutenant ie ie ar aE cae see 
 separate non-resident list a : . 127 
 in metropoliton police district, when a particrpeienl in surplus 
 standing at Exchequer Ganaubenid Account... . 41 
 when counties of London and Middlesex to be deemed one 
 county... ae Pe LOG 
 
 with 50,000, qualification of medical occa st 33, 34 
 
Index. 
 
 COUNTY—continued, PAGE 
 militia .., ~ AE ok psa of eet LOE 
 notices, when PeLLehed 3 pt See ae Ae of eee 
 parliamentary county, meaning of... eee ay ae LOL 
 parliamentary, place situate partly within, provisions as to 
 respecting voters, elections, &c. ... oF ve , 157 
 saving for..... ie ais elo 
 division of, into polling parliamentary districts by county 
 council a re sine Pree AY 
 poor law asylum, joint Annee: of satan ans exw gi 
 police, consolidation of, with borough force .. ae ee 194 
 police, efficiency of .... one ey ee hee pao 
 officers of police force ... AF porare op ake 
 
 when provisional order refers to Bowe! ers 8 of ees opmore:...7'18 
 differences as to which administrative county contains 
 
 largest population, how determined rr eer wa OL 
 rateable value, how ascertained ies a ate ee OU 
 returning officer... Ae ae Pas we ... 124, 242 
 administrative, sheriff ... Ah Ley + 5p oie L00 
 sheriff .... a we i68 
 
 urban district situate partly within and partly without ... 157 
 administrative, union, &c., partly situate within, payment 
 190 ee is Bee rea ie a aa 46, 47 
 
 COUNTY AUTHORITY, 
 
 contribution for remuneration of revising barrister... . 384 
 meaning of re ae A . 135 
 powers of, as to bridges, &c., Pred ip county capital 8 
 electors and voters... : 0h PAABY | 
 grant in aid of disturnpiked ad main roads, ah ,»-. 193 
 to be paid in county fund a ee eee LS 
 certificate of Local Government Board in respect to ».. 194 
 powers, &c., under Allotments Act, 1887, respecting borough 
 to be aed a Local eeennent Board) @«,,. et 04 
 what is ... : Ay dengue 
 in South Wales, ery. as to certain edeee Se ae 
 Yorkshire, powers, &c., transferred ... Ae can ae ele 
 
 COUNTY AND BOROUGH POLICE ACT, 1856, 
 meaning of ... ots ts Ct : oe ag Male 
 
 COUNTY BUILDINGS, 
 
 transferred to county council ... Phi a ie ae. 6 
 COUNTY OF CITY, 
 
 borough, in what county deemed to he situate Ae jag »08 
 
 revocation of grant of commission of peace ... a eae ah ae 
 
 of quarter sessions... sr ee ~ ae Be eb 
 
Index. 
 
 COUNTY OF CITY—continued. PAGE 
 
 included in expression “ quarter sessions borough” . 161 
 
 not included in expression “ county ” . 160 
 COUNTY COUNCIL, 
 
 when to come into office ie Lie 
 
 when to enter on duties ... 169 
 
 accounts, abstract of BLD 
 
 audit of ae as 5 ny * eehi9 
 
 how made up . Hs i at at 293, 228 
 
 inspection of re 2 ae eas 119, 281, 282 
 
 local financial year 22 
 
 to show sums payable by ae particular sie of 
 county . 114 
 annual budget ... . 123 
 actions, &e., pending, saving for . 196 
 acts and proceedings of standing joint commétine er Z18; 220 
 adjustment before made, what sums to be paid 58 
 adjustment between, and council of borough ye 195 
 agreements as to adjustment of property, &c. A105 
 aldermen, election of ... ... 246 
 on what day #127 
 qualification of “1 2 
 appointed day, when it may be atieue 175 
 authority of or Rae or ie woe 90 
 Bills in Parliament ... a oa ps 31, 32 
 borough, grant of court of quarter sessions to AR 69 
 borough under 10,000, power as to explosives transferred to 73 
 
 borough with separate commission of peace, transfer of 
 powers, &c., of 68 
 pauper lunatics in... me “645 canoe 
 borrowing by ... ee se se 6, 106, ‘107, 115, 283 
 consent of Local Gavernitent Board required .. BP Bs) 
 
 when consent of Local Government Board not re- 
 quired a mH) BL! 
 for what matters ... wear La 
 repayment of Sys ered BA 
 on what security ... 7 . 115 
 when provisional order required... . 116 
 
 boundary, notices as to alteration of, when to be given 98, 99 
 
 order as to. ee Nas --- 98 et seq. 
 
 . when to take initiative as im stiemen of 98 
 commission, report of 95 
 boundaries, future alteration of = See +. 95, 96 
 bridges, may erect apy mt ne ose 117 
 maintain, repair, &c. 54 117 
 may purchase or take over re tc wag 
 
Index. 
 
 COUNTY COUNCIL—continued. PAGE 
 bridges, when, may be indicted for non-repair . 141 
 what business transferred to ... ss 5—12 
 certain business of justices out of sessions transferred Cy a 62) 
 business at quarterly meeting... mL 
 
 transferred, powers, &c., fot ser ol 
 construction of Acts Save to. . 139 
 summary proceeding to determine question as to ey. 
 bye-laws, power to make ¥ Fe i aes 32, 221 
 for what purposes... oes “As we Lee Al 
 how made ... Ae. ihe af Sve Pen Daly a2 
 ultra vires ... : . 222 
 not to have force in borough 32 
 when may revoke or alter existing bye-laws, inden ¢ or peente 
 tions eyo 
 bye-laws as to bey nee tage ey Pelocnedes Re. . 149 
 evidence of, section 24, Municipal Corporations Act, 
 1882, not to apply to aE . 223 
 Cambridge, Lae of certain powers to... ota “86, 86 
 capital sum, when to be treated as capital ... ep we 107 
 casual vacancy in Jae . 234 
 chairman oe: ee . 4, 197, 139 
 chairman and gechien ie continue a be mermbery of . 233 
 chairman, election of ... fe - co fis 170, 247 
 on what day ) . 129 
 vacancy in office of . e170 
 when chairman, alderman, or ar to 6 fined for eh 
 accepting office of 2 232 
 exemptions . 232 
 new charter to porotieh situated fine ou 
 of Cheshire Bs ave . 118 
 clerk, appointment, anes ue a a ee ... 145—149 
 clerk of peace, remuneration a ayn 
 
 when to act under direction of anil in pe 
 
 matters ... eae 
 
 clerk to make finan Gal ergrn ie Tepeal Government 
 Board ... . 224 
 failure to make.. ... 224 
 colonisation and emigration e Lis 
 commissioners, costs i inquiry, ads ustikent by ... 104 
 committees of ... “or St ee s3 ste 51, 220 
 committee, proceedings of ... a Ar .. 144, 145 
 quorum of ... se 6 . 144 
 to report its proceedings ... . 145 
 may delegate functions ; : GL 
 when compensation to be granted to existing officers . 189 
 amount, how determined . 190 
 
 28 
 
Index. 
 
 COUNTY COUNCIL—continued. | PAGE 
 compensation, expenses respecting, payable out of county 
 Eby Sy. Se : xt) BLO 
 officer granted, and afterw ards appointed to another office 191 
 person aya a is on vd vd AOD 
 to make a statutory Reclae none ie id eee 
 to assess amount ... ' ie 2m, 190 
 to enforce claim of their Tener thereon aah 00) 
 when claimant to attend meeting of ... “ee sa aol 
 claimant may be examined on oath asi jee LOL 
 oath, how administered ... ... 990s “Xs we LOL 
 yen payable a : : we os say 2d 
 compensation, to be a specialty. deltas wale ie ye 191 
 to consist of chairman, aldermen, and councillors vie we lk 
 constitution of is “69 1—4 
 not to apply, to Ponty borpigh - “ts ey 
 Contagious Diseases ss daa Acts committee for cares 
 OUt ee ms vr ze isi . 178 
 contracts, Xe. Psabaanies saving ; for Ye site tes sa LOG 
 to appoint coroner av she bas, LB 
 when district situate ae at yhia county oe ere 1k 
 when district partly in county borough ody an G3 
 when writ de coronatore eligendo to be wiirected to 12, 13 
 Cornwall.. os : at Jee yi = OO 
 costs ieeneees by Pro FeonaL Soscal + ve of Bah’ 6 
 cost of establishment of aa ‘3% ss mB seedl4 
 election of councillors ... ais wa as os Jip 123 
 returning officer... 7 ve ae sel ose LS 
 qualification of councillors... ri ios see 2, 125 
 when county authority... x ies 64, 134 
 
 county dates, &c., after ppp ase + »v« ) 4408, 109 
 county lunatic asylum, where more than one committee may 
 
 be appointed .. ee “f wee BL 
 county palatine of Lancaster, property, &e., ry vest 10 gdm oe 
 powers of ... eee bs gre Shae oh 
 court of record not to exercise ‘powers of ite ‘i ... 139 
 to liquidate all current debts and liabilities... —... roe bt 
 power to administer declarations, oaths, &C... ... 283, 284 
 delegation of powers to joint committee... is ... 143 
 not to delegate power to make rate or borrow money ... 144 
 sen eoua of business to existing officers ... i!) gL OSLL89 
 certain departmental powers to be transferred to... hides EE 
 when Government deport stay &c., powers, to be trans- 
 ferred to 58 i - oe vik Rene |? 
 drains, &c., difference as to AC aes ee ae seh pao 
 
 election oF ts ss se a = a shana 
 
Index. 
 
 ‘COUNTY COUNCIL—continued. PAGE 
 defects in election, how remedied ... fe ees G20 
 elections, costs of oa ft ae ee fod «=e LZ 
 
 costs, &c., of aa af bs ee eee L297 132 
 taxation of Fat =i we: ae .. 132, 134 
 provision as to... : ay ... 124, et seq. 
 
 ‘where election cannot properly be held as ee eee LUA 
 division of administrative council for election of county 
 
 councillors... a pa ak fe ENS: 
 -when enactments may iv modified Res ds rs. eel (4 
 _to be established in every administrative county ... eeneetl 
 surplus standing at Exchequer Contribution Account 39, 41 
 exemption, agreement with borough council as to ... we G7, 
 expenses of returning officer at first election and of pro- 
 visional council ae - rite ee on ot L65 
 taxation of TY io sie Ae - 7 168 
 finance committee _... or ow he ks ... 142 
 payments out of county rds oe re 7. ... 142 
 appointment of ... oe doe << ... 143 
 when to recommend certain payments .. ee .. 143 
 finance, notice of meeting as to a aA Ary: . 143 
 financial arrangement Pry ies ona 282, 283 
 financial palAane: agreement or ace as to, inequitable... 57 
 with borough council, how adjusted _.... ae 54, 56 
 footpath, public, repair, &e., of if be Was ee 27 
 franchise or liberty, meine joint committee ote yr tia - O85 
 franchise, merged powers, &c., as to ... ; ms. 00 
 governing body,” as tinder 35 & 36 Vict. C. 91. we. Ol 
 administer Explosives Act, 1875 ... sie ee artis oD 
 highway, repair, oo of aoe ae sae Sis 27 
 inauguration of.. 2 fi a a is 170 
 incorporation of.. it x one 141, 142 
 inhabitants of onan, ames &c., franafeured a wn 142 
 inspection of minutes, accounts, ‘&e. a a ... 281, 282 
 joint committee, accounts of ... oA ok hs ... 144 
 costs of ... eo Te oes Te ... 144 
 appointment of members bf at ee es ... 144 
 tenure of office of .. 46 we or in ... 144 
 when to be eipeote) in 9 ih oa ... 143 
 judicial business, not to perform a oa ite ... 140 
 jurisdiction of ... = wok 
 not to exercise furisdiction tinder Summary J arisdiction 
 Acts ... gee ... 140 
 justices of the peace, Ah ae a exercise fancuoue of ... 140 
 land, conveyance, &c., of ha e ee oe eae 
 land or buildings, provisions as to... ve ss ace 109 
 
 Ee 
 
Ind HH i 
 
 COUNTY COUNCIL—continued. PAGE 
 land or easement, powers as to acquiring, &e. Aa ABW 
 sale of ae / Lae ne Ay, * . 112 
 proceeds of sale vi ft: on » 212 
 land, when, may acquire and hold witht ident in 
 mortmain oe x ve et an . 142 
 liberty merged, powers as to ... fe ise re Sst oss) 
 duties on licantees to provide for issuing licenses a soa OO 
 local taxation licenses, penalties and forfeitures ay 00 
 restoration, &c., of ... wer va re se tO 
 local taxation licenses, when to levy ... in YOGI) 
 issue and cancellation of ... 3 ee e500 
 powers, &c., asito ee 37 
 payment of proveedal of duties on local idektion lieenkee to 35 
 loan ans as at a2 ses ... 282, 283 
 how disdharsed ey b we 3 Pra eA Wi heg 
 how raised .. at ry 2 a5 a Mega’ 
 on what raised + ut ¢ ee % fe 
 raised for special county pare ce a sews 
 limit of period to extend over ... ni me SG 
 not to delegate powers as to ie La Sy ae Oo 
 local grants, sums payable in place of v's ui Aas) 
 payments ben in substitution for annual Jocal grants 41—-48 
 proportion paid out of local taxation account to... wo 
 when to participate in surplus at local taxation account on 
 coming into office... ‘ ep 
 may aptly to Local Government Board to fies eit to 
 bring Act more fully into operation ots a eget Wedd 
 local inquiry of Local Government Board ... -. 154, 155 
 costs of — ... ~~ : a oe a socal ltsds) 
 main road, power to break uip.. ay a ei px. 20 
 maintenance, &c., of AF ns 4 si 18, 19 
 to have powers oe highway board ' as to .. ue 18, 19 
 obstruction,on .... as rs oa ode on we 
 when repairable by a Page ef 
 retained by urban authority, eosts of repaily &es, OL nee ue 
 when retained by urban authority, no liability on 
 council to repair oh te" 
 costs of repairing, by urban authori hes detecnined 22 
 contract with district as to repairing, &e. a8 22 
 when to make payment to district council in pare ae 23 
 when to vest in... ous Meares 
 undertaken by district eeinctl mee in eee reper dus Pace 
 when road to be declared.. oe Soi mcen 
 
 differences as to, undertaking répaie’ rigtiae &e. 5 
 between, and district council, show determined 25, 26 
 
Index. 
 COUNTY COUNCIL—continued. PAGE 
 
 main road in larger quarter sessions borough not county 
 borough, when to be declared... ms wee ee OD 
 
 pire! to declare same A 66 
 property, &c., of district roads nasal in Boat Wales to i 
 Bet tecred! to.. te oe te so He FY 
 to be transferred to ae wh pe Be 
 medical officer of health, appoicitent; ree of oH Sed) MB 
 medical officer, and district council may agree as to 1o™ oo 
 to report to et ore ee “ie Ai of Oe 
 failure of, to report aoe at OF 
 Public Health Act not properly eaioreed vi wee. ae oO 
 meetings of - ne 134, 220, 283, 293 
 first meeting, a to be hala ore ia ut eye! 
 how convened... zee fs. ae =e ... 174 
 by whom convened ane + Fido haben Smee 
 meetings, business at... yy SP ose ... 2938, 294 
 when held . nr or oa ae As Aen ado 
 who may et Ey 34 + aes ey .. 294 
 summons to attend meeting oom uae aes ae ... 294 
 want of service of summons ons ate ae SY 
 chairman of asi ns ee a Ld edo 
 equality of votes ... < rc re ay oe 290 
 majority of votes ... Ve ea Me te fe ete 
 Seer eal) 8g. ee! A 128, 295 
 minutes... ies aes 3, ... 296 
 quarterly meeting, mien held. ie hs we re 128 
 minutes of proceedings... a tie se oe 220, 296 
 forgery of . oan ... 282 
 Municipal Corporations ‘Act, 1882, Bo pliention Gis en ... 124 
 nature of application to, and Peeresibndedee with Treasury 282, 
 283 
 Northampton, transfer of certain powers to ... et 85, 86 
 misnomer or inaccurate description ... ah .. 284, 285 
 oath, when to administer ae m2 we .. 283, 284 
 not to administer ... Of. Ae ae a3: ... 140 
 officers of as ti oe ie hoe vas ... 140 
 officers, accountability of Ae ati a aie Se NS 
 who are to become officers of ... af ce ee L871 88 
 removal of ... a ve Bel ud us ven 189 
 salaries of . re Efe aoe ay. on 2 189 
 tenure of office Olies fi ons 42 ‘e130 
 may abolish office of Ae existing athe ey: a ent 90 
 compensation to such officer ... ie ae oat LOO 
 order, when may be removed by certvorar ... id sare 
 
 when paid clerk or other paid official not eligible to serve in 
 Parliament ... a: 3 tee ae ote w. 149 
 
Index. 
 
 COUNTY COUNCIL—continued. PAGE | 
 
 parliamentary elections, lists of voters, &c., where district » 
 situate in more than one county ... aes EE ay 
 powers as to cee sale - a LOL 
 pauper lunatic, sum payable i in 1 respect Otis bah - 43 
 
 asylum, accommodation for pauper lunatics sent: by 
 borough . +. < a oF S. aie 56 
 accounts... Py BAS LOD 
 arrangements Betyeen! “aul borough opal fe se 56 
 when } to elect committee for purposes of is pay WH 
 _ things done by quarter sessions, when to have effect a as 
 
 if done by county council —.., ae aL TT 
 what powers retained by quartersessions and justice 151 
 when committee elected by me Be 4 Fe Wi 
 payments, limit as to ... “6 Zz ie ... 142 
 to and out of county fund. how riade sr ght s9a42 
 order for same... rE YY 
 when order may be removed into High Cont, ... 142 
 receipts and payments by ee 5h ew We} 
 person elected to corporate office to make declaration .. 231 
 formalities as to ... Py aes t. cok 
 police, county, powers, &c., as £5. to vest in. ee eee) LG 
 
 standing joint committee to exercise pervrars, &.,asto 16 
 powers Roe 19 & 20 Vict. c. 69, 8. 7, how to be 
 
 exercised... aes ee are pin vt vw LG 
 non-efficiency of ... Se oe ha or 47, 48 
 proviso as to raising money for ... a oy yy pha] 
 powers, Xc., exercised after presentment... st ... 140 
 powers, &c., transferred to... ; si se reOG e140 
 general niovisions as to powers transferred . oe see OL 
 
 powers, &c., of Privy Council, Secretary bi State, Local 
 Government Board, or Ail, Government Department, 
 
 when to be transferred tou ne oe G4 
 when powers, &c., of two or more counties traeioeae by 
 provisional order mee is Nos. 
 powers, &c., conferred by local Act, how. transferred to eels 
 ptoceedings 11 cas = ahi, --» 1, 2, 141, et seq. 
 when to take legal proceedings. me ss Pel 114 
 legal proceedings, when to be substituted in.. 22 177 
 prohibition of expenditure of per fande! on parliamen- 
 tary elections .. s ne ae i PaO 
 provisional Grd eres peo sishanaa as an os ett sf . 154 
 larger quarter sessions borough not county ier contri- 
 hoger DY en ian 5 64, 65 
 smaller quarter sessions borough, wher area ven included in 71 
 what powers, &c., Poicrenre to.. és .0" (GOserteen, 
 
 main roads, fonds when and how to be declared 70, 71 
 
Index. 
 COUNTY COUNCIL—continued PAGE 
 
 Rivers Pollution Prevention Act, 1875, to enforce ... 29 
 prosecution under... sre ve a vs te ou 
 to make certain rates ... te ar oe a aG 
 duty as to making, &c., of pointy ratek .. ve fy, 
 records and Beeitn cnt ofcounty «+... ag rc ... 156 
 registration of voters, powers as to... ve et we LOL 
 returning officer, advances to . i we iabod 
 duties as to election in case Bot ilies, &e. ... 249, 250 
 when to be appointed... i . 242 
 returns and information required by either House of Parlia- 
 ment. ... A yy ae ote Joi ve . 158 
 - by whom sent... s J a mnhe LOS 
 when to provide rooms, farniture, &e. mS Re eg 
 sale - ; aes o ve 282.283 
 scheme or order, may deal with ne gee eee LOLS LOD 
 scheme or order... + if dts ns ir e105 
 Scilly Islands... xe be ise 89 
 security or debt, when necessary to pontine levy rate 
 for ope plo 
 saving Gr eae perurities and discharge of debts . 195 
 Soke of Peterborough . Hf a) 
 standing joint Soarmittee! acts and proceédings need not be 
 submitted to, for approval .. ue rie ek ; 128 
 standing orders... . ... <2 ot by ea 295, 296 
 stock, creation and issue of ... Ae fis As Ais 
 Suffolk, transfer of certain powers to.. ie Me 85, 86 
 Sussex, transfer of certain powers to. 3 i. 85, 86 
 to have perpetual succession and a common seal ... 141,142 
 to pay salaried clerk of petty sessional division... ... 149 
 transfer of county property and liabilities to $i ra 108 
 treasurer.. wes “we Be ie keo 
 to Ritend court of quarters sessions Pr open i12; 115 
 town clerk “25 a fon 125 
 union situated in more ‘than one eons payments to te OU. 
 grants towards officer of union ep we ae 38, 49 
 vacancy, casual—- : Ay. ... 234 
 by person being elected ce more cha one e division mea 173 
 by person being elected county alderman ae mello 
 failure from election a ae Fe eer lis 
 caused by person unseated on petition af me. 
 visiting committee to become officers of nouns council 4, 187 
 two or more, may combine as to area for weights an 
 measures standard to apply... out os ee ee 
 women may not be elected to... me ie ave ... 248 
 
 Yorkshire, transfer of powers to he. Les ae 85, 86 
 
Index. 
 
 COUNTY COUNCIL, PROVISIONAL, PAGE 
 acts of, how signified ... Wee . Ms: a uL71 
 aldermen, election of ... x BS. te me mae OO 
 
 to attend second meeting of _..., ae aed sty) 169 
 appointed day, when it may be varied “iis $5.0 MIGATTE 
 first business of ... +3 a Es ab 4 00/170 
 chairmen of ... ae oe ot; 6 jae ... 247 
 
 election of .. ts, 4 bts ie a 26170 
 
 when to Taye casting vote ae de AeATS 
 to convene first meeting of county council He Ye. ATE 
 qualification of ... qe: ae is SS MSLRONITI 
 clerk of peace to act as officer of —..., Fe Pe i NE | 
 costs of, and future costs of county council ... oe een 72 
 costs and expenses of ... re At a aa Seue hits, 
 taxation of a3 ot a ts on {20168 
 first meeting, how convened ... +e we es shoe. 74 
 first proceedings of ... oe a a i i el 
 general proceedings of .. oc 2171 
 Local Government Board may order dl 5 rafrat fe 
 acting as such ay a Do) a ie) BAT ad 
 
 London, county of ve 
 may eck to Local Government Board to adhe pete for 
 
 more fully bringing Act into operation ... A to L75 
 may hire buildings rd Ve a Fes i ee bY 
 costs of hiring ... “i we me othe LBB 72 
 meetings and duties of... ca he i. sed SOL TL 
 officers oe re a ee 31. 4. sas 0 Wp: 
 officers, interim . : i e173 
 order of Local Government Baar as t0 members me et L74 
 power to levy contributions ... ae am Ste helio 
 preliminary duties of ... A a ae be. Ble be 6 
 proceedings and duties of —..,, ~ Ss WAY, 
 returning officer to fix time and place of first meeting i eG 
 second meeting, how summoned Se a a7 1 
 to make all necessary arrangements with quarter se sessions to 
 
 carry Local Government Act into effect ... ws ... 174 
 to make necessary arrangements with quarter sessions ... 171 
 county votes, equality of ie ae vA sie pope Hf 
 what buildings to use ... wate His pF: hj Syed bi fr: 
 how to use en a a a8 te ip 
 when county council to enter 0 on Pdutigs Eh ni sree 
 who are members of... ca er MM Phe He1TS 
 
 COUNTY COUNCILLOR, 
 what absence to disqualify ... oe ‘ee la ees b Be 
 actions against ... a Sr od ee ose et OP 2QTT 
 acts done by, pending petition against a — so» 269 
 
Index. 
 
 COUNTY COUNCILLOR-—continued. 
 
 alteration of number 
 
 PAGE 
 95, 96 
 
 apportionment of numbers of, “between boroughs and rest of 
 
 county... fa 
 borough wards, Aptis in aban of 
 casual vacancy . 
 compensation, when caiman & may appeel 
 
 3 
 3h 96 
 128, 243 
 . 191 
 
 when councillor may appeal respecting amount assessed... 191 
 compensation, when may appeal respecting amount assessed 191 
 
 when may examine claimant on oath 
 when not eligible for office of coroner 
 
 declaration “aa return respecting election Srp snes 
 
 failure to make .. : 
 declaration on acceptance- of office 
 designation of : 
 division of county for election ai 
 elected to more than one electoral division ... 
 to choose which division he will serve 
 election of 
 election, costs of ‘ 
 claims and expenses at, when to be ete in 
 how conducted sh 
 (first) when to take place .. 
 (first) who is to be retuming officer 
 day of election of 
 notice of election of 
 notices as to elections ... 
 election, women may vote at . ms a 
 one to be elected for each peeerel atch 
 election petition... : a 
 unseated on election petition ... 
 electors of, who are ¥ 
 fine on person not accepting office fee 
 guilty of corrupt practices 
 illegal practices 
 
 city of London not to act or vote on certain matters 
 
 London county, number of 
 in London, qualification of 
 when to act as deputy mayor ... 
 misapplying corporate property 
 punishment for 
 mode of conducting poll at contested Pertons 
 how summoned to first meeting of council ... 
 
 names of persons elected to be sent to clerk of council 
 
 nomination of oer 
 nomination of candidates 
 election without a contest 
 
 _ 191 
 
 13, 14 
 . 315 
 
 . 316 
 
 . 230 
 
 2 
 
 wa 2 
 AYE: 
 
 173 
 
 2, 308—310 
 
 . 130 
 
 , 314 
 125, 240 
 . 166 
 
 . 167 
 ... 240 
 168, 243 
 . 248 
 
 260, 261 
 . 270 
 Rene 
 229, 230 
 303, 304 
 ety, 
 78, 79 
 gis 
 peclad 
 ... 216 
 yal 
 
 . 271 
 O44, 245 
 . 168 
 
 . 168 
 
 166, 243, 296, et seq. 
 243, 296, 297 
 
 . 243 
 
Index. 
 
 COUNTY COUNCILLOR—continued. PAGE > 
 publication of uncontested election ... ie .. 248, 244 
 objections to nomination papers on be ex ... 800 
 number of i: ‘ a at an 3 
 penalty on unqualified person taetiige ag) oF a --. 235 
 validity of acts done by unqualified person ... + ... 235 
 persons elected, return of names of ... ote ce Sita FE | 
 procedure in panel action Lae ioe e os . 275 
 qualification ~ .., me 9, 126, 241 
 of larger quarter sessions Borouat not to act in respett of 
 
 certain matters ca - Fe 67 
 not to vote in respect of gern matters ou dee G7 
 resignation of ... “5 ee ate tc a -.-. 232 
 retirement of ... vey ret 4 +e 1s 2, 169 
 separate, non-resident list —... oh + a ... 240 
 term of election.. we Ne 0 ran i ee Be. 
 title to vote at election of ae ue oe af . 241 
 vacancy . ie oes ie. i he ra 231, 232 
 casual aN sf. “129, 173, 234, 243 
 avoidance of office by bankruptcy or absence sc. 232, 233 
 vacancy, how notified . oe iges 
 casual, by person being elected £6 more sithanme one elec- 
 Seal division ... hs sahTS 
 by person being elected county alderman selio 
 from failure of lett or otherwise = edo 
 how filled . sks nie “ig SP ... 169 
 vote of returning piece at elestigna eis me $; 22. 299 
 women may not be elected 4p “4 Pa ... 248 
 women may vote at election of ae oe Pel -.. 248 
 
 See also PERSON ; CANDIDATE. 
 
 COUNTY COUNCILLORS, PROVISIONAL, 
 who are.. 4; ; : hy care Bla he 
 election of Stack re 7 ae oo sted ook atl 
 See also County Councrttor. 
 
 COUNTY DISTRICT, 
 boundary, local inquiry as to, by Local Government Board 99 
 
 future alteration of ... ay ft s i= vate OF 
 meaning of a ay a ree ... 163 
 to be, feasible, an electoral diene oes ee Ret! 
 Reh divided into parts for electoral purposes ee We 
 when to be united into one electoral division me ec Ae 
 
 with 50,000 inhabitants, qualification of medical officer 338, 34 
 
 COUNTY ELECTORS ACT, 1888 a te ... 376, et seq 
 amendment of ... a es ae {38 35 pedo 
 electors under ... a Byte Sis ne Coe the OS 
 
Index. 
 
 COUNTY FUND, . PAGE? 
 adjustment before made, what sums to be paid... e078 
 special accounts of ... ort, ou as re Siete od 
 award, sums paid under Ss Gad Pee LUG 
 clerk of peace, salary and fees, aber paid an SEX ... 146 
 compensation to clerk of peace and other officers ... . ... 44 
 contributions received in respect of main roads oo ce oo: 
 costs of actions, prosecutions, &c. ... san if Shae a. bd 
 costs of elections ~ a se yee ae ee Lou 
 costs of election petition i te ae ie ... 326 
 costs of general county purpose ae . ae Band Upsis 
 costs of justices and others to be paid out na ene prea ele 
 
 as to County Electors Act. = leer ... 385 
 duties on local taxation licenses to be paid ay os ‘re ae. 
 election expenses bye ee ay = elas 
 Exchequer Contribution iArconnit Wa os re oo 
 expenses incurred by county council in assessing compensa- 
 
 Bon)... aes ii ame ay meroy 
 expenses of election court aor se Pe ey 266, 268 
 fees and costs of justices’ clerks Re an fe ... 149 
 general county account.. =o ace she ee wells 
 maintenance of pauper lunatic te ._ 43 
 order for payment out of, may be removed Fas High Corr 141 
 payment in respect to non-efficiency of police vo te Ay 
 payments out of... um ee Fe 14; 62; 65,7113; 143? 
 payments out of, how made ... rie ae yl By 
 payments out of, to meet grants in aid of local rates 41, et seq. , 
 certain penalties and forfeitures to be paid to ms a1, o6 
 police account ... 3 ao ee a aes ru 44 
 costs of police .... es Ae hie feet OU 
 probate duty grant to te paid to sae Es a soy OO 
 proceeds of sale of electors’ lists a es ad ... 238 
 prosecutions, costs of ... ee er yt wa 67 
 city of London, costs of prosecuHons 0 in te oat fee iG 
 receipts of county council to be paid to ey ey! mor lia 
 security for borrowing . #5) vee Hts tae eo A 
 special county Korean - ry MALS 
 treasurer to make all payments Ae idl out of T <3 bth 
 writ of certiorari as to order for payments ... ae rare 
 
 Coomiy WALL ... pe of sea ous Se Doe Le 
 may be purchased, built, &c. ... eh at oy en 
 
 _ transfer of, to county council .. hs ms ett 
 
 See also HALL. * 
 COUNTY LUNATIC ASYLUM, 
 
 accounts, surplus or deficit in... ty: se its veo 
 committee of visitors ... oP ie se. a2 2151 
 
Index. 
 
 COUNTY LUNATIC ASYLUM—continued. PAGE 
 maintenance of lunatics in .., a +43 ay ae 
 what included in expression of ve eet a Wed 
 where more than one committee to manage ... rh eULol 
 
 See also PAUPER Lunatic ASYLUM. 
 
 COUNTY ROADS BOARDS 
 
 in South Wales to cease to exist » aS ae a ae ace, 29 
 
 property, &c.,of, to be transferred... a # ee 
 
 tolls to cease a roads maintained i sak ee Bag ee 
 
 winding-up of ... ays ec : aa 2 ieee 
 COUNTY SUPERANNUATION FUND, 
 
 charge upon... ae. 7 ia ee Sry 8) 
 COUNTY STOCK, 
 
 sums payable out of, by county council _,,. Py: sate 4 
 
 See also STOCK. 
 COUNTYS OR TOWN, 
 
 borough, in what county deemed to be situate eh 20S 
 included i in expression quarter sessions borough s 161 
 not included in expression county ve ry ont sf GQ 
 revocation of grant of commission of peace ... i na 
 
 of court of quarter sessions "s as ope eR: 
 
 COUNTY TREASURER. 
 See TREASURER. 
 
 COURT, 
 costs of maintaining and providing .., As. ... 164 
 adjustment of law as regards, in London and Middteaes ... 156 
 Tiowse: re bes or a ae wat aay 
 of justice... <i vA cae See a --- 278, 279 
 summary Jurisdiction ai ~ Ate 219, 230, 231 
 for the revision of the lists of wie ay we adel O 
 
 See also ELECTION Court; Summary J URISDICTION. 
 
 COURT OF RECORD, 
 county council, committee, &c., not to exercise powers of... 139 
 
 COW-HOUSES, 
 
 in metropolis... Aa ye oat oe re van ee 
 CROPS, 
 
 compensation for, when damaged, &c., by destructive 
 
 insects aes aes aes ous oes = puna 
 CROWN, 
 
 debt to ... ae oF oon LBS 
 
 forfeiture to, in respect of non-efficiency of police ate w. AT 
 
Index. 
 
 CROW N— continued. PAGE 
 penalties... Ari baa . 274 
 penalties on councillor oy eae to mane eocaih erie isi: 
 proviso as to respect local taxation licenses ... pe Tee 4 BO 
 when half of medical officer’s salary forfeited to... He 
 
 CUSTOMS .... i ie us re ste on .. 274 
 duty on ... aes ne ee ca a Pel 59s 160 
 officers of ory o. an se e ms .. 232 
 saving for ae ees ae a: ... 160 
 
 See Bir Poancctonmes’: OF Guarous! 
 
 CUSTOS ROTULORUM, 
 
 alteration of boundaries may affect ... eae. a OO, LOT 
 Cambridge, Lincoln, Northampton, Suffolk, Sussex, York... 101 
 directions of, as to records and documents of county ... 146 
 keeper of county records te ae Seiwa aiées me ANUS, 
 scheme or order may deal with ae AE a nee, LUZ 
 DAIRIES. 
 See Cow-HOUSES. 
 DANCING, 
 house kept for public, when deemed a disorderly house zi 
 houses for, &c., power to transfer license to county council 7 
 DAY, 
 what is ... - Ae mg a Be PP. AOU 
 acts directed to be Hone Giana fe ee ue: ... 280 
 how computed ... at er Ne ch af ... 280 
 See also APPOINTED Day. 
 DEAD BODIES, 
 when overseers to bury: eC aay asa tas eens, 
 DEALER, HORSE, 
 duties on licenses for ... oe <e eee iv pee kOe 
 in county borough aie es ee SH: fen Ol 
 DEBENTURE, 
 loan raised on ... ee ee nae its ea sd ay! 
 terms of ... Sea oes res th eH ios Fg UIs 
 DEBIT BALANCE, 
 at local taxation account nee ne aes Sas rae OU 
 in account of county lunatic asylum ... 
 DEBT... 43 “fe Boe ete A AE. 
 
 current, to be Hanideret ie vee wee ye ews: 
 ' limit as to payment by county council zaé ae ... 143 
 
Index. 
 
 -DEBT—continued. 
 specialty, compensation to existing officer ... 
 to the Crown 
 
 adjustment of, belonging to boroughs and counties... 
 
 PAGE 
 Lh 
 ae Oe 
 
 56 
 
 adj ustment of relation between county and borough as to 54—56 
 
 consolidation of ... 
 
 issue of .stock.. ... See a ae 
 
 in county of London, how determined 
 in Surrey and Middlesex and county of London 
 of roads. boards in South Wales 
 
 saving for discharge of ... sae 
 
 scheme or order may deal with 
 
 DECLARATION 
 by candidate as to expenses, form of ... 
 by holder of corporate office oe 
 person elected to corporate office to sign 
 formalities as‘to... °° 
 
 115, 118 
 ... 118 
 D1 
 
 . 187 
 9 20 
 uw 108 
 ... 102 
 
 . 326 
 
 275, 283, 284 
 
 230, 231 
 ve 232 
 
 persons claiming compensation to make a statutory declara- 
 
 tion Lap ey 
 respecting election expenses 
 failure to make... 
 by whom to be kept 
 inspection of ae 
 when to be destroyed ... 
 of inability to read, form of 
 of road a main road . 
 
 when to take effect 
 refusal of county council ‘ ae 
 penalty on unqualified person acting in office 
 person accepting office, form of 
 refusing to sign on conscientious grounds 
 when person may affirm As one 
 required to be made and subscribed by mayor 
 by recorder, form of 
 of secrecy 
 form of ... He ey oa et ssi 
 of sheriff for counties of London and Middlesex 
 when voter may make... ca 
 DEEDS 
 
 of borough, town clerk to have custody of ... 
 subsisting, saving for ...  ” 
 
 DEFECT 
 
 in appointment of deputy not to invalidate acts of... 
 
 in election, how remedied ~ 
 
 -.. 190 
 314, 315 
 3 B15 
 NG 
 wr ale 
 ... 816 
 aie 
 
 . 25, 65, 69—71 
 
 25 
 pLtGs 
 vee DBE 
 ... 809 
 Ree eal 
 v2 232 
 L218 
 Ry 
 
 372, 375 
 azo 
 ee ys: 
 
 364, 366 
 
 oe ONG 
 ... 196 
 
 4. 283 
 ... 250 
 
Index. 
 
 ‘DEFENDANTS | PAGE 
 witnesses... a ee ie se re pL Od. Log 
 DEFICIT, 
 ‘accounts of county lunatic asylum ... ry Ait erp. 
 at Local Taxation Account... Hs bee nif Pepa ue), 
 DEFINITIONS ... ve at ... 160, et seg.; 254, 386 
 DELEGATION, 
 committee of county lunatic asylums oe .. 152 
 by county council to justices sitting in petty sessions, of 
 certain powers *F ep ais oes er. 00 
 of functions by county amie se : a. OU 
 of powers of county councils and courts of quarter sessions 
 to joint committees ... f .. 142 
 no power to make a rate or to Svat money to be déle- 
 gated . a Is. 143 
 of powers of county council to Committee or Series GRA 15 
 powers of joint committee as to + vi ... 143 
 
 power of raising money by rate or loan not to be delegated 51 
 
 DENTISTS ... Toc eee MoS eee gotete tee sue aad 
 
 DEPOSIT 
 
 of plans or documents ... eee ay re ae are 
 DEPOSITIONS 
 
 of persons committed for trial in county of London - BLOL 
 
 in county of London 4 von Si i Py 25 OU 
 
 DEPOT 
 
 for arms ... ory fe ee ava a a a Zo 
 DEPUTY, 
 
 no defect in appointment of, to invalidate acts of ... see 
 
 See also CHAIRMAN; Drputy CLERK OF CoUNCIL; CLERK OF 
 PEACE; JUDGE, ASSISTANT; RETURNING OFFICER. 
 
 DESTRUCTIVE .INSECTS, 
 
 Act relating to ... oe oe ee cr fae eae LO 
 borough under 10,000 ... er ty. “cSt a Ba WP? 
 compensation for damage done by ... oo ome wit LO 
 execution of Acts relating to, by county council ... py a 
 powers of provisional council as ae may be transferred to 
 
 _ county council : . oe ee LL 
 
 DIRECTOR OF PUBLIC PROSECUTIONS, 
 who is--:... «> ise . 321 
 
 duties as to certain persons at of nce &e. “ practices 327 
 expenses in prosecuting se os <P aa ... 324 
 
Index. 
 DIRECTOR OF PUBLIC PROSECUTIONS—continued, PAGE 
 
 withdrawal of election petition A Se aoe «-. 320 
 
 to attend trial of fs a is fat a »-. 322 
 
 when to prosecute offender... 2 . 322 
 
 when may nominate barrister or solicitor to represent him 324. 
 
 when to institute a prosecution ay ee “a woe 326 
 DISALLOWANCES ite oe ae an ae Bo Ws 
 DISTANCE, 
 
 how measured ... bee she buh She dap ... 280 
 DISTRIBUTION 
 
 of business by county council Pe se v5 ee LO 
 
 of probate duty grant ... We Bc ee a wae os i 
 
 of local taxation licenses at sa oa + 38—40 
 DISTRICT AUDITOR, 
 
 to audit accounts of county council ... ae Sue fe. 119 
 
 See also AupDIT. 
 
 DISTRICT BOARD 
 
 in metropolis... ny sod ETL OD 
 
 to participate in certain sirplne inetd to “metropalia in 
 respect of roads... he ; . 193 
 when deemed a district council and urban authority .. 77 
 DISTRICT COUNCIL _... ie sa Pe Cs] 
 appointment of member of university or college therein ... 93 
 boundary, alteration of... + oe ae me 99 eS 
 meaning of _.. oa is ee aA . 162 
 what is Tcontiprehended by a s: we OL 
 
 maintenance of main road, contract with county council 22—%5 
 arrangement with county cpanel as to medical officer 32, 33 
 pbligatidn as to medical officer under Public Health Act, 
 
 1875 wes bes aoe es nee aa one ee ac 
 in metropolis... Tas ae Beets! 
 scheme or order may deal with te a qi 2101 
 
 DISTRICT FUND, 
 
 sums carried to . +7 ana esa Pee (8) 
 
 in urban districts 1 is general district fund wat By eas 
 DISTRICT ROADS BOARD, 
 
 in South Wales, to cease to exist ... = oa. 20 
 
 property, &c., to be transferred to county council ... 84 
 winding up of ... oe Pee aa es “ye ons ae 
 
 DISTRICT, RURAL, 
 schemes respecting, may be framed by county council ... 171 
 
Index. 
 
 DISTRICT SCHOOL, PAGE 
 See ScHoon District. 
 
 DISQUALIFICATION ... 4 sk oe xe ... 230, 254 
 
 of aldermen... ? ae a “ae - geet heh 
 for borough councillor .. “Bie ee ae See eer ak 
 when persons not disqualified... att ae w. 2138—215 
 of person as burgesss ... ; ays 202, 208, 209 
 of chairman, or deputy ies of aii council . 128 
 for corrupt, illegal, &c., practices... “457 _ 304, et seq. 
 of councillor... ak oe ae th Bee ol La ey 
 of electors - eee 4F 317, 337, 338 
 of person elected to corporate office ir oe ae Hel aon 
 of person elected, a ground for an election petition... 255, 256 
 of persons under certain Acts.. ie Ae As AP 5} 
 of persons convicted by election court as Se w. O27 
 of certain persons from serving in Parliament Has ». 149 
 sheriff, when not qualified to act as returning officer Tr enLOG 
 DIVISION OF A COUNTY, 
 interpretation of na oa ee ave a8 2. 160 
 DIVISION, 
 of court of quarter sessions for judicial business... ... 146 
 See ELECTORAL DIvIston. 
 DOCKYARDS, : 
 saving for ne Bs ae Fe Ay. ke ... 290 
 DOCUMENTS = bee ae ot “oe ihe =, 164 
 of boroughs... : : aa Bi wale 
 claimant for penrpentation, whan to prodded, a 5 CUED 
 of county, custody of ... ae +. oF ae «a. 146 
 deposit of ats : one a 7 fe cow 147 
 forgery of signature, &e., «Rn : “ ae se eer 
 inspection by burgesses or county electors De aero wos 
 in Kent, Middlesex, or Surrey, saving as to... Rs RL OD 
 county of London and Middlesex ... -...- ... © ... 156 
 London, in whose custody to be kept ars ay pian 48 
 relating to trial of prisoners ... abe re oe Wee 10 
 of quarter sessions, &c., custody of ... i “ae yee LOS 
 respecting persons committed for trialin county of London 181 
 scheme or order may deal vee oes eas ay ene Le 
 in writing ant wee : rs be ay ... 160 
 DOG LICENSE ... et pe Pe ye oes ats fe oO 
 DRAINAGE, 
 of main road... a oe wee +E oe aes 
 in metropolis ... ee fe See “i at mR af 
 
Index. 
 
 DRAINS, PAGE 
 difference between authorities as to ... ove at we LO 
 in main road, when to vest in county council eye ca nee 
 ordinary highway, to vest in county council xP 25 
 aliter, when drainage uses drain or sewer of a sanitary 
 
 authority She se vs aby oa sae oon 2D 
 
 DRUGS, 
 
 Food and Drugs Act... ‘ee sxe 68—71 
 grant by London County Council tog union towanda costsof 82 
 sums spent on ... ay “ae 4 oem ome se» 48 
 
 DURHAM, 
 
 University, saving for ... she re oes ay pect l 
 
 DUTIES, 
 on licenses for trade carts, horses, &c. me - ... 193 
 licenses for trade carts, &., in county borough ... 59, 60 
 local taxation licenses ... ; ae 34, 35, 41, 54 
 on local taxation licenses, application of oa a por OO 
 
 when county council to levy sea ue bes fe OO 
 meaning of Lie a fc: Fe! bat A ... 165 
 probate ... pee F any Ps. ae oo, 192, 193 
 of Customs or Excise ... ae wi ay oe et SY) 
 
 EASEMENTS =. ia te ... 164 
 over land, when county council may acquire, &e. +, stata 
 
 ECCLESIASTICAL AREAS, 
 saving for ey bat oes er ra cin PELOO SLOT 
 
 EDUCATION, 
 area for, a oot government area... .. 94 
 Acts, powers, &c., of Education Department may be trans- 
 
 ferred to county council ~.., oa eee eas SeaeeeLG 
 
 EDUCATION DEPARTMENT, 
 notice to, by county council, as to certain alterations of 
 
 boundary... eee His dee bic “ee ee OS 
 general order of ye Se . 368 
 Local Government Board may ‘transfer certain powers, &e. eS 
 of, to county council... rey by sae ree ae) AY 
 EFFICIENCY, 
 of police... = fo are ye La os 47, 48 
 ELECTION, 
 action ee penalties ---...  -*+... At ne re. . 277 
 agent guilty of illegal pretics a. chs 312, 313 
 ofaldermen .... i ie 2, 127, 169, 173, 245 
 
 time and month are a “A Ps awn) Lag are 
 
Index. 
 
 ELECTIONS—continued. , PAGE 
 
 borough auditors, time and mode of ... bei fa ove 248 
 caused by casual vacancy -- 225 
 chairman of county council . 248 
 of chairman, day of ; Pere 1b 
 chairman of provisional council ay EL 
 of county council - iss 
 provisions as to, not to apply to ecanty Porough 61 
 councillors, two... ea aa ee! . 124, et seq. 
 division of county for ade ey WS ee” 
 how conducted... eid FP .. 124,242 
 on what day councillors to be biccted ... 242 
 commission to hold election on day appointed | . 251 
 where election is void . ¢¥e 4s . 251 
 court will grant mandamnte for balding! .. 251 
 contested, of councillor, how conducted . 244 
 who may vote . 244 
 hours of poll . 244 
 equality of votes . 244 
 agents at election - es w. 244, 245 
 county councillors, nomination day, what j is . 166 
 notice of ... ace .. 166, 167, 244, 249 
 elected to more than one division lia 
 failure of election .. Hi is he 173, 174 
 
 when electoral AGE may return two or more 
 members.. 3 . 175 
 
 when two or more county districts or + wards may be 
 united into one electoral division lina, 
 electoral division, not duly made ee h75 
 when election cannot be held plays 
 first, when to take place ... ‘ . 166 
 when returning officer to fix day a . 166 
 costs and expenses of ‘ie . 168 
 when electoral divisions to be fred for 93 
 
 when electoral division may be divided into polling 
 districts ula? 
 of county councillor to more than one electoral division ... 173 
 in more than one ward or electoral division . 250 
 in boroughs with wards and without wards . 242 
 
 no inquiry to be permitted at election as to right of 
 person to vote $3 eee wo. 246 
 questions which may be put to voters iis ... 246 
 person wilfully making false answer ... 246 
 county or borough, title to vote .. w.. 242 
 defects in, how remedied .. AVE 
 when candidate not guilty a wrongful practices ete} 
 
 2a 2 
 
Index. 
 
 ELECTION—continued. PAGE 
 of county councillor, corrupt practices at ... 242, 301, 302 
 corrupt withdrawal from a candidature... ia 1 oU0G 
 costs of .. ... 4h oo 1, aes a8 Pe L 29 
 taxation res a red bie oe LOL 
 declaration of persons élected ry coe ny tthe wos 
 secrecy fe < Hy ene .. 372, 375 
 defects in, how remeneak. bet oyk . 251 
 
 where defect of title or og of title of person Botan 
 whom election takes place... .-. 235 
 
 when anything to be done respecting, toc come into effect 176 
 exemption from provision as to maximum expenses ... 332 
 expenses... ss a (eek Ze, B00 
 certain expenditure igeat ven “ ... 300 
 claims for expenses and payments, when! to Ke sent in 314 
 for county, places of, provisions as to, not to apply to 
 
 borough council.. ah 62 
 county of Tender what registers of electors and lists of 
 voters to be made up by returning officer... a ae ay 
 when not to be void, although. corrupt, ‘Ss dg practices 
 employed ... mes ve as Re ry . 322 
 illegal employment... le ocr i sia he ole 
 ‘Tegal Divi pie oa sae O12 
 leave to inspect marked repister of voters ivt sald Be a70 
 * liability of officers for misconduct... ar ids ... 356 
 may be questioned for illegal practices + ny ... 255 
 when illegal practice innocent ' if re su Oday Ole 
 when certain employment illegal ... ee af o.. 309 
 mandamus for ... a a AS! ae Bi) Ne 276 
 of mayor... Is. re ie ie ie . 247 
 time and mode of 4, oe 1 . 247 
 duties as to, in case of illness, ei, a ‘of mayor, returning 
 officer, G0. pas oak Pe if Pe ~. 2495250 
 meaning of “es ssi rs --. 254, 328 
 meetings held in certain places, when illegal ts .. 312 
 municipal ae Ae ee ee ie 328, 330, 362 
 notices as to ae see tee aa <td ... 249 
 women may vote at xl ed «.. 249 
 name and address of printer to be on ‘aca nie . 310 
 nine days’ notice of ... re man . 280° 
 no person to subscribe nomination rari: or pte in more 
 than one ward < .. 241 
 when number of valid nominations exteeta that of yi vacancies 243 
 when the number is the same... H, jus .. 243 
 when the number is less ... me bet ey ... 243 
 
 when there is no valid nomination i — » tees 
 
Indew. 
 
 ELECTION —continued. PAGE 
 period between, and nomination ae Sa! aye LZO 
 no return to be made to clerk of Crown in Chancery ... 800 
 non-compliance with rules... as re ... 252 
 not to be held in any church, chapel, &e. et aed ... 250 
 notices, &c., as 10 proceedings respecting... er ... B27 
 offences as to... ; ye re aE or . 252 
 list, offence in relation to oo iy . 252 
 person holding corporate office to be lable ree re- aleeeionh 232 
 parliamentary, when mayor to act as returning officer . 286 
 
 appointment of places of .. Ae ee 
 division of county into polling distr ict for Fe Bers © AN 
 meaning of.. ri, . 163 
 
 powers of sheriff. clerk of peace, feooney council as Hee . 101 
 prohibition of expenditure of corporate funds on aI, 272 
 
 saving for ... ee ree Te a ve ce aly 
 saving for votes at.. : oe. Seo aly 
 when "district bitante in more than one county... er Loo 
 petition ... : vas .. 251 
 on what prounds: may be questioned by election petition. ... 255, 
 256 
 poll, when held.. oe 4 Pe a aS ae he te! 
 polling places. ... 3p ee ... 300 
 prohibition of dlivclowure i vote by ballot ey ... 270, 348 
 publication of uncontested... ee .. 244 
 publishing false statement of wathdreawal of candidate . 806 
 gno warranto information ; vs 251, 275, 276 
 revival of former law on expiration of Ballot Act’... . 253 
 (first), returning officer, w ho is to be.. Ae on . 166 
 returning officer, advances to . ¥ Ha . 134 
 
 to receive advances from quate sessions for purposes 
 OL ens ee LOG 
 
 of county ef Tondon to receive cages froin Metro- 
 politan Board of Works for Savi: of Lp . 168 
 for county of London... ei sepa hes 
 powers and ‘duties of... i) or no eyLoG 
 ballot boxes, &c., at... “of . Se begga Mite 
 of county anne returning officer te a .. 124 
 councillors elected, duties of returning officer as to.. ne LOS 
 councillors, returning officers at yi 2 ie ... 242 
 return and declaration ar election expenses .. alt 
 when returning officer to vote.. by oe ay ... 800 
 what rolls to be used ... oe os ea ... 299, 300 
 rules for . “ee yh, B62 et 269.5373 
 
 -when, mon 46 ie invalidated by reason of non-compliance 
 with rules... se avs Pas A ee wo. 252 
 
Index. 
 
 ELECTION—continwed. PAGE 
 saving for creditors... & if ... 300 
 separate election for each electoral division’: ... 241, 242 
 to which, Municipal Elections ct Practices) Act 
 
 applies Ne oe -- . 332 
 two or more joint candidates at 34° 6 a5 305, 306 
 use of certain premises for purposes of committee rooms, &c., 
 
 illegal ... oe oo is ae a sol! 
 councillors, casual vacancies ... : “i is. 128 
 county councillor to fill casual vacanty at fisst election ... 172 
 vacancy caused by person unseated on petition ... eae aT) 
 to fill casual vacancies . < a reco 
 valid, unless questioned within twelve months mA ..- 252 
 vee of, under Ballot Act.. ee ae LPO TSOC R36 ¢ 
 for extensive illegal practices, &e. op ne eel y 
 
 - for general corruption ... ie Ven ay Pee ii, 
 visitors of lunatic asylums... bi BS ats bes, 
 voting by prohibited persons ... see oP a w-- 296 
 when voting to be by ballot ... Jae oe iv POOL 
 county council, women may vote at ... i ee ... 245 
 
 See also ELECTION PETITION. 
 ELECTION COURT * zak a ... O12, OL ose Does 
 
 certificate of court a abe i — .. 260, 261 
 of indemnity to witness ... as ae lis baie) O2d 
 constitution of ... se a ee _ te »«- 259 
 costs on election petition re ey ve ia .-- 265 
 expenses of a oo es aes a .. 268, 324 
 meaning of a ie Z a a .. 254, 328 
 abatement of election peGuone ne ae ee ... 264 
 trial of an election petition ... ys bis ... 260, 261 
 officers and clerks xa : ae ie ove ... 266 
 persons guilty of illegal practices at deol che eo UT. 
 persons incapacitated by conviction of of Pe oaeg oad 
 police, when to give assistance x% ie aie Berar 
 reception of, and attendance on ey aes ry .-- 266 
 remuneration of commissioners ae eS PP eh bate, 
 report as to illegal practices ... ves site bss ... 262 
 witnesses at i se i ie Wf ag -». 622 
 when illegal practice innocent : ae .. 313 
 when, may order costs of petition to be paid my ES 
 when, to report to High Court as to matters proved ... 260 
 form of title... nes id 5 és a - 345 
 ELECTION PETITION ... om ae ... 255 et seg., 302 
 abatement of ... A ae ae a 7 ... 264 
 what may cause... ey fe : a if ... 264 
 
 costs of petition... a ie ane " fe ... 264 
 
Index. 
 
 ELECTION PETITION-— continued. PAGE 
 petitioner substituted ... ees sds a6 a ... 264 
 appeal ... dee 2 ... 262, 268 
 acts done by successful SiH pending petition ee 
 
 attendance of Director of Public Prosecutions at trial of ... 322 
 costs. on. ... ae we ire ae ppt 265, 324, 325 
 
 taxation of Ae i ” ay ris atl Ha2oo 
 constitution of election court . TT i. va wo. 259 
 form of . segs aT Ee ies io a w-. 339 
 limitation ree. ws = Py -. 276 
 when founded on an ane meee aes re andl 
 when unfounded ane its es is ie ... 324 
 may be stated as special case ... af ae a nat OL 
 meaning of ard iss a he i ... 254, 328 
 notices, &c., as to =e ae wet ae ae we. O27 
 objection to mer re ay ts ner oe er iis, 
 ROMeAGHtioN ALIGSUG <os,0 sex seen) wees | tees, van 258 
 frivolous and vexatious oe vee res ae ..- 258 
 payment and recovery of costs fee ae ees aoe 
 postponement of trial ... agi or ae ors ol 
 presentation of ... ey ax Ae ie seo) a DOpoLO 
 who may present on ae ue xs a pore 231.0) 
 respondents to ... Bee ee ee ... 256 
 to be presented to High ‘Court = Sys 7 ... 256 
 within what time to be presented... so eee at: ae 20d 
 proceedings on ... : ote ... ol9—326 
 rules of procedure and jurisdiction respecting ... 266, 268 
 general rules as to mes Ae ae ues yee O09, Cb Seg. 
 security for costs i Pie eee eee zi, 205 
 
 High Court to fix amount. ee oe oe ee 
 where no security is given... ie ... 258 
 shorthand writer to take down Saha at Al Oley, mae 20k 
 to be placed on election list ... “Ae ite ... 258 
 consolidation of cases against two or more respondents . 258 
 
 where more petitions than one relating to same election, &o, 259 
 trial ote... “EB as ...  260—262, 303, 312, 313, 322 
 
 when may be tried in leniane eee as . 261 
 vacancy caused by person ccietated on, how filled up Be ai 
 witnesses at trial of ... ; ~ ee ... 262 
 withdrawal and substitution of Sosnaudenta .. pe e200 
 withdrawal of ... ote as fe Pi 263, 264, 320 
 costs on withdrawal ... doe aye Fe i ... 264 
 ELECTORS, 
 county council ... 3. Pe re mie vee epbchgiead 
 who are ... ; ae is eee af ie Be 
 
 advertising agent ae > +? va if esa UD 
 
Index. 
 
 ELECTORS—continued. PAGE 
 alteration of instructions, precepts, &c. ke, ey kate) 
 when incapacitated by blindness _... ey 5 ... 364 
 county, boundary, when to take action as s ee cr OS 
 conveyance of, to poll .. me ae ie 297, 304, 301 
 names of, Rare numbered oe * ae 4406 
 when two electors may give notice of casual vacancy ... 250 
 disqualification .. +. aS ... 337,338 
 disqualification for corrupt practices, ‘&. se 45 eee lz 
 guilty of corrupt practices at elections ate --- 9802, 303 
 illegal practices .. te ie so 8 ... 3804—308 
 in disfranchised borodsh Ge Ae A: 45 te ee 
 inspection of minutes, accounts, doc uments, ee ee mods oe 
 when may obtain copy abstract of accounts . 3. . 281 
 list of those incapacitated for voting by cong or, oe n 
 
 practices a a . 318 
 persons residing within fifteen pales bf county F . 386 
 may bring action against unqualified person acting in 
 
 Office ... ye ... 236 
 two or more may bring a an action against person misapplying 
 
 corporate property, ee es Bs a ab . 272 
 when to give security for costs ay pe" ti: ine aie 
 parliamentary and county, how numbered ... be. -- 209 
 parliamentary, name of, how numbered __... “be ea 
 qualification of ... a Soy ye = woe LOZ—212 
 qualfication of burgesses YF * aie ... 202, et seq. 
 registration of ... a a ee “¥ ves ODORS AP 
 register of Aas 4 oie 7 ode goeeaiee onetas ae 
 
 of, at first election... ane bes ah, oe reeLOo 
 of, in county of London ty. oo ty “ty ... 169 
 not properly made up... oft ase ey al 
 register of electors, when to be complete wat 3a wees 
 residential qualification in county of London Be: . 138 
 revised lists of, when to be delivered to returning officer ee 
 county of TongNn : % cae yy! ana? LOD 
 revision of lists, when to be completed aay sa ... 237 
 of electoral lists... Bae “3 das ae Bes et | 
 TOWOL eee an ae Hy" see fad ... 382 
 when to be made iy a aby eke isu 
 what roll to be used at election of coundiiions ra ... 300 
 how to vote... Pat Ae At SF iat ... 363 
 where to vote ... wee a ... 363 
 may vote in as may divisions as ates is ‘reptsterea Mies ».. 242 
 when not to vote at election of councillor... me) Re dt 
 
 See VotERrs. 
 women may be enrolled as_.... os Ne ree ... 248 
 
Index. 
 
 PAGE 
 ELECTORAL DIVISION Be ... 125, 126, 245, 308, 312° 
 what is ... ‘i ha re dis GuLeae 
 alteration of, after ete Erection: ese ar a Pr! 
 boundaries of, how determined roy: sf Ba ee a 
 boundary, alteration of... Fe o = “f 93, 94 
 by whom formed ye ar v5 ee ee nate BLY 
 constitution of . oa es os ads py aah 
 county may have four or more ed fe Ms ... 212 
 of county for election of county councillors ... >t ae De 
 one county councillor to be elected for ts y ay eit 
 co-extensive with municipal borough or pbar district ... 239 
 list of voters in... Ve t.. 209 
 difficulties as to determining population Bi area... oa L725 
 difficulties as to register of voters... aie iy anit 
 directions for constitution of ... ore me ae per 
 division of, into polling districts ... ee kil a ee LGG 
 election of councillors in re? a ... DAL” 
 election of councillors in more heme one ici eion se.) 242, 248 
 for first election, when to be fixed... We eis ‘ug tpOo 
 how formed ... a EA + abe eka ... 228 
 illegal employment in ... a ae ee au ... 809 
 illegal practices in ee ea a ee Ay ».. 306 
 in county of London ... ay As - hee oor pe 5, 
 NS ene | | «- 288 
 municipal borough or urban district « co- o-extensive with ... 238 
 notices as to élections te wee = RE i ... 248 
 notices, where published ac ss ez . 281 
 not to overlap urban sanitary district, ward, ¢ or r rural sanitary 
 district a cee ge ore 50 92 
 of county, boundaries of me sie 4: ley te. 
 person elected county councillor for more fen one up lie 
 separate election for each electoral division .. ... 242, 243 
 returning officer.. ty : aa «se 22 
 to be framed =k regard to palling Bicriei H RAYS 
 to be, if possible, a county district or ward, or combination 
 of ey, x 7 ples 
 when districts or aaake may be united for puEposes Of paar o 
 when may return two or more members... ae eye gs: 
 when to be divided into polling districts... AS ... 248 
 where more than one election petition presented relating to 
 elections held in different divisions re as ... 259 
 where not duly made ... ae ise a ast ia bio 
 casual vacancy in aes ot Me at ee ek 250 
 
 See DIvIsIon. 
 ELECTRIC LIGHTING ACT, 
 powers, &c., of Board of Trade may be transferred to county 
 council hie baa hes re aa re es i: 
 
lndex. 
 
 EMIGRATION, PAGE 
 advances in aid of, by county council ee >) ee 
 a purpose for borrowing mee 
 ENACTMENTS ee cd. 
 repealed, saving for * .¥ mm. ee wre aoe 
 unrepealed A se oe 1 ... 285, 286 
 when they may be modified . 175 
 ENLARGEMENT, 
 of highway not main road Re ot 26 
 of main road by district council Oe, a va 22, 23 
 of main road by urban authority Hy ove oe 
 of main roads and bridges... Wi we ate 18, 19 
 of public footpath 26 
 ENTERTAINMENT, 
 public-house kept for, when deemed disorderly 7 
 ENTIRE COUNTY, . 
 interpretation of 160 
 ESTABLISHMENT, 
 of county council 1 
 costs of 114 
 of reformatory and industrial Echoaien 7 
 of urban districts 98 
 ESTIMATE . 143 
 of receipts and expenses of county count 123 
 when to be made ... 123 
 what to comprise .. 123 
 when insufficient ... 123 
 See also ANNUAL BuDGeET. 
 EXCHEQUER, 
 grants out of Cyr 
 payments into .. . 104 
 
 payments out of, in aid of local rates substituted hy pay- 
 
 ments of county council 41 
 sums payable to.. : aus 49 
 temporary provision as to grant from nee -. 192, se seq. 
 when half a medical officer’ s salary paid to . 42 
 
 EXCHEQUER CONTRIBUTION ACCOUNT, 
 what is ... " one ious 
 charge upon, in respect to non- -efficiency of poles tea 47, 48 
 costs incurred in respect of ay 37 
 of county borough, sums standing at... 60 
 sums standing at, hee applied 38 
 supplemental provision as to ... 49 
 
Index. 
 
 EXCHEQUER, &c.—continued. PAGE 
 payments out of bot TF ne ra 8 41, eb seg.’ 
 what sums paid to an ass tie iJ 38 
 surplus standing at, how disposed abe oY ae 38—41 
 
 EXCISE _... ate F ae oe one ... 274 
 commissioners and officers of . oa sad Las eet a0 £ 
 duty of ... “ee Ss 7m or 7 Seg Lov, LOU 
 
 EXEMPTION, 
 agreement between county council and borough council ... 66 
 when county council to secure vas ref cae ie ee 
 existing, in city of London _... AY atop. vat ra BAG 
 from assessment in city of London ... Lt prvi fe. 
 of larger quarter sessions boroughs not county boroughs 63, 64 
 of scientific societies from rates adi nea Bi: 52h, om i | 
 meaning of __... a ‘iad aa Al eee he 161 
 
 EXPENDITURE, 
 accounts of county council showing different kinds of  ... 114 
 as to County Electors Act... ue ... 383 
 for any particular county purpose, how determined — eee LL 
 in county of London when committee of city of London 
 
 disqualifies as to Gee tes OR ARAL ES: 
 of county, police, hundred rates, ‘&. isa county council 4—6 
 what standing joint committee gene = ay .. 53 
 when county councillors of larger quarter sessions borough 
 not county borough not to act or vote respecting... #2606 
 adjustment of, belonging to boroughs and counties... fcap DO 
 respecting assessing compensation by county council eye Loe 
 of coroner ate awe 14 
 whose district is partly within county of ‘London ee LS 
 certain expenditure at elections illegal a ve «+. 309 
 at elections ae Ly. gh sie are ... 300 
 general, costs of Nectore a Ay ne seat ACERS SS 
 of elections, when to be sent in fee LF ve . d15 
 election court ... tr : : aes 267—269, 324 
 exemption from provision as to maximum expenses PT eee 
 form of declaration of candidate as to wat oy ... 338 
 in connection with registration of voters... a eae A, 
 in prosecuting persons guilty of illegal, &v., practices wo. O24 
 
 joint committee for carrying Rivers Pollution Prevention 
 ACE s.. Pu an ne Pe Jes as ste) 30 
 
 meaning of ae A ies +“ gy “5h re 
 
 cost of repairs of roads, &c. ... Pes ay ako 
 
 of putting main road undertaken by district council in 
 repair . : “oe ads ee sD 
 
 of mnaihtenance of turnpike roid im 59 on ay 20 
 
Index, 
 
 EXPENDITURE—continued. PAGE 
 of metropolitan police force... 45 
 of parliamentary eae lists of voters, polling districts | 156 
 of provisional council . gs ey 44 ne LoS 
 taxation of - ... at ee soe ae ed rer OS 
 returning officer, advances to meet ... Hee i ... 134 
 of returning officer... ee > red mies e's en bp | 
 
 taxation of .. ae ae eevee eee ee 
 of returning officer at first elechon rh we > Prelit.) 
 taxation Ofte. Te iy rome pi) 
 prosecuting persons guilty of illegal, fee practic ... 324 
 
 return and declaration at elections ... Bee, oo» Jl4——317 
 See also Costs. 
 
 EXPLOSIVES ACTS, 
 by whom adininisteredae +5 ahs via ent 
 Act, 1875, execution of, by county council rea Lo 
 
 in smaller quarter sessions boroughs .. ae Ye 68, 69 
 in borough or town under 10,000, TOW as to, transferred 
 to county council... re aye: 
 officer under, appointment, removal, ad determinate of 
 salary of ree es 8 te ane 
 powers under, may be detecuial ans A Hee fe 00 
 EVIDENCE, 
 of trelws 3 ai et) 
 when local teeta to ‘produce, before Local Government 
 Board . 4 -¢ ap AM ses Seb 
 at trial bre an election patton ors fey! Ly Se Ay | 
 disputes about business transferred ... ee be bar" wl 
 guardians and others, when to produce PS +: anth o 
 FEES, 
 flere of peace ... ees sox, Ga? 
 and clerks to justices, alteration of is ... 146,149 
 of London county .. oe Ay Wea nal: ig het! 
 abolition or alteration Olen Es a ae Rta bed 
 of clerks to justices for county of London ... a wiBL 
 abolition or alteration of .. : . 181 
 
 taken by clerk of peace, clerk a justices, Bt ‘to be posted 282 
 diminution of, of existing officers, a ground for compensa- 
 
 TOLL vox Swe a ae cue chy ») 189 
 of coroner nes “f oe sae oa. AP 1k 
 when holding an Faaent ie vr sy me coe mee 
 when paid te county council ... es ey ee 
 whose district is partly within county of Londo . 180 
 
 of justices’ clerk fe - 53, 149, 282 
 
 of inspector, analyst, &c., to Hs fied ay county council ... 9 
 
Index. 
 
 FEES-—continued. PAGE 
 mumuepectoriol gas metera ¥)' .,., octet tlio cd rhs © °9> 
 of weights and measures . : ; me ayaa 
 school, of pauper enya how subsidized . ws Stay 42 
 when paid by stamps .. = ae Ase +; oes OE 
 FELONY, 
 _ personationis ... ae te re fe Ty ... 358 
 FINANCE, 
 Part IV. of Local Government Act relating to, when not to 
 apply to county borough ... ip wie ote Bre G 
 arrangements as to, by councils TE ie fue 282,283 
 appointment of, committee ... oa ce) sya ... 148 
 estimate of, committee ... “rf Jy: = a ... 143 
 payments by, committee rr re ae .: ... 143 
 out of county fund One ee Bae ST apres ... 142 
 order for payment, how made ee im ... 142 
 when to recommend county council to make aga .. 143 | 
 FINANCIAL, 
 business entrusted to county council .. ees 1 
 
 returns to Local Government Board by borough and county 
 
 councils jt ape 2 re. ay - 224,995 
 relations .. ae nal . 104 
 
 adj hetment of, considerations to be taken into account 54, 56 
 relations between county and county borough, adjustment of 
 
 53, et seq. 
 relations between Exchequer and county... “ee ea ae 
 relations, when adjustment of inequitable ... ee ee Pe 
 local financial year a ae . 122 
 year aes ... 37, 42, 45, ‘48, 50, 82, 192, 1938, 195, 294, 225 
 
 year ending 31st March next eee passing of Total Sane 
 ment Act -”... A fie or ere 34, 36 
 
 FINES, ~ esas eee alO72904"- 996 
 duties of clerk of Pence as 3 to Le is ry ... 274 
 offences done in relation to lists and elections on ... 253 
 offences in relation to nomination papers... oe Bhp diy 
 on disqualified person acting in office... we ee wee 235 
 person elected to corporate office fe te ou ene) 
 
 but not accepting corporate office Tc ... 230, 232 
 exemption ... - : ae ise 2b 
 refusing inspection of certain documents ae ste 201 
 recovery of se 5 a Ae 272 
 recovered in quarter sessions borough, applenuon of 273, 274 
 from corporate officer, moiety to Phon payable eee yes 
 
 FISHERY ACTS, 
 power of Board of Trade may be transferred to county 
 council... rs re ie i oe Tonal 
 
Index. 
 
 FISH CONSERVANCY, PAGE 
 execution of Acts relating to, by county council ... ve 10 
 in smaller quarter sessions boroapl re He eH 68, 69 
 FOOD AND DRUGS ACTS _.,.. Si pe see OUP Usui 
 FOOTPATHS, 
 public, repair, &¢., of ... re oe sek aud ovut BE 
 FORFEITURE i Ren ev “LET A98 
 by medical officer of half his salary . Whe a we. 42 
 duties of clerk of peace as to ... de f, Pa . 274 
 power of Treasury to restore ... a eg ss) 
 recovered by county council relating to local tation licenses 36 
 recovered in relation to stamp datas vt me Puen y| 
 in quarter sessions borough, application of  ... 273, 274 
 restoration of ... dd; #4 ie ea 
 when considered part of proceeds of duties is oo #. $35 
 FORGERY, 
 of seal or signature... ave ee ae sue «.. 282 
 FORMS wo ee att Be SOUL 
 affidavit by surety for dae oft an election petition ... 345 
 of ballot paper ... KA ee ‘ad ... 374 
 declaration by candidate as + expenses so ae pas Sis) 
 declaration of secrecy ... ae he eet “4 orp 
 inability to read ... ae bee Hee ey ts 
 cirections for guidance of voter in voting i eae 2 375 
 title of élection court ... sa a ae saa .. 347 
 election petition ay fee ... 340 
 notice of application to pifndnae elechen petition... ee es! 
 petitioner’s intention to apply for leave to withdraw ... 349 
 trial of an election petition re .. 346 
 order of election court to compel attendanee of witness wo. 347 
 receipt by master of an election petition a . 339 
 
 recognizance as to security for costs in an election petition 343 
 warrant to commit person for contempt by election court... 348 
 under Registration of Electors Acts ... Ay ses: LOU OS 
 
 statutory, when to be followed ie eo ads ».. 284 
 FRANCHISE, 
 
 transfer of powers, &c., of a ia aa ae Bae te 
 
 merger of, in county ... re af on nie Pa =! ! 
 
 police force, of . sae pes ve sa a pen OU 
 
 quarter sessions, of a. ee ai sv ee 
 
 standing joint committee, when to te appointed sad iy eae 
 FREEHOLDERS, 
 
 of county, when not to elect coroner. ae ‘ee peaysihe 
 
 repeal of Acts relating to election of coroner by -e sta alt 
 
Index. 
 
 FREEMEN’S ROLL, PAGE 
 inspection, &c., of si waa we ae 34 Re28) 
 FUND, 
 
 See BoroueH Funp, County Founp, Disrricr Funp, 
 METROPOLITAN ComMoN Poor Founp. 
 
 FURNITURE, 
 when county council to provide ai ote vt ... LO9 
 
 GAOL ey 978 
 GAOL DELIVERY, 
 
 borough having separate commission of ... +f: 53, 54 
 court of, in London and Middlesex ... Ste oh 42 LOG 
 GAOL SESSIONS ... AAC ae rs se iy se 0LGL 
 in Lincolnshire ... tig “Ep yr ets - an 200 
 in Yorkshire... aoe a Wileds bie 200 
 
 clerk of, See CLERK OF ‘Gion erst 
 
 GAS AND WATERWORKS ACTS, 
 powers, &c., of Board of Trade may be transferred to county 
 
 council .. + ie ty aie 4p ine hk 
 GAS METERS, 
 Acts Painter to.. ee mia <n 
 execution of Acts Telating to by county council committee 10 
 boroughs under 10,000.. =p: sak a + 72, 73 
 position of Prallee boroughs BSCLO ne 5. ait Lio head) 
 inspector of, appointment and expenses of ... Ac Scant 
 fees of inspector of ... oe it oa eo 
 provisions as to not to apply to county borough ne 4a .62 
 GENERAL’ ASSESSMENT SESSIONS, 
 in metropolis, London quarter sessions substituted for ... 80 
 officers transferred to county council... at eho, Loo 
 removal of te Hs oe Ve “c ae Loo 
 tenure of office ... Ate re ae ee ne st ehh) 
 GENERAL COUNTY ACCOUNT, 
 costs on account of general county purposes ue eV meets | 
 of maintaining, &c., main roads, &. ... = re 49 
 meaning of ae oe sw yang fk: 
 payment in respect of non- -efficiency a “eile re -. 48 
 when money insufficient ete es ay vege LOE 
 provisions as to, not toapply... oe ner qe OU) 
 GENERAL COUNTY PURPOSES ... ae sae eee 48 
 definition of ... a ap wai + NE: 
 
 assessing compensation by eonaty eappeil = ey ... 192 
 
Index. 
 
 GENERAL COUNTY PURPOSES—continued. PAGE 
 costs of assizes and sessions... ae oe a ioe A OF 
 in London .. me ee sy hs: 
 main roads i in larger quarter sessions 2 borough not 
 county borough... ‘- a be ~! rags) 
 on account of, how repaid bes ms ren re oO 
 deficit and expenditure A ae ae ae VERE 
 expenditure, how determined .. see rae me ale 
 maintenance, &c., of main roads, bridges, &on. = erhe 
 precept in respect Oljes.s os - . 114 
 sum payable by London County Council » in respect of 
 revising barrister... si aes ce ue -. 136 
 
 GENERAL EXPENSES ... aie i pe ne Lean tek 
 
 GENERAL SESSIONS, 
 county of London oe on ete “ fe ocneeoe 
 
 scheme for holding vee sae RA sde rae abU 
 Jurisdiction “FE sae see ay OU 
 clerk of peace in Suffolk, Sussex, or? te ves ... 146 
 
 GIFTS, 
 See CHARITABLE GtIFTs, 
 
 GOVERNING BODY, 
 when county council is, under 35 & 36 Vict. c.9 ... dat 7 OU 
 
 GOVERNMENT DEPARTMENT, 
 
 when an authority... ... 141 
 boundary, notice to, by sounty: council, as re ‘certain altera- 
 tions of ine > bea Spa tis] 
 
 draft order, transferring powers, &e., to be approved by haa 
 Local Government Board may transfer powers, &c., of, to 
 
 county council ve ; st a ae ily 
 powers transferred to county council .. wis ap ... 154 
 saving for existing bye-laws, orders, and regulations ey ys. 
 GRAND JURY, 
 presentment of ... ve ea is nh oi ... 140 
 GRANT, 
 in aid of union officers ... 4 Jez ae e Pie ys 72) 
 GRANT OF QUARTER SESSIONS, 
 and commission of peace, revocation of _... a ese eh 
 GRANTS, 
 from Exchequer, transitory provisions as to... --. 192, et seq. 
 in aid of local rates out of Exchequer 4 Br rie 
 To-cease ="... ce he eee — ae sath cae 
 
 See also LocaL eee 
 
Index, 
 
 PAGE 
 Breet rye,» ..... 4 na noi ioe <a ... 165 
 GUARDIANS, 
 board of, what powers, &c., of not to be transferred to county 
 council “2 ets ase Se ote nas Pe ao 
 meaning of on Jes “rk ae' ‘a ae pL O2 
 
 See also UNION. 
 
 GUN LICENSES ... avd ay ee ey ae. .. 36 
 
 HALL, 
 when county council may acquire, &c. aca “oe ree 10 
 transfer of county halls ae as os a sat. G 
 county council may erect oa Sint Sitesi cade Weenss 110 
 HANTS. 
 
 See SOUTHAMPTON, COUNTY OF. 
 
 HIGH COURT OF JUSTICE 138, 156, 215, 266, 307, 311, 312, 
 316, 320, 321 
 
 abatement of election petition “He Pre -. 265 
 conviction of party misapplying corporate property... con yal 
 election petition appeal ie $e: Pee a's: 
 
 to be presented to Queen’s Bench Division Siete 200,207 
 withdrawal of election petition ee at --. 263, 264 
 
 when illegal practice innocent... =e oe sd ... 313 
 report of findings of election court ... cir nee . 261 
 decision thereon... “ae ais . 262 
 to fix amount for security for ‘cont. ¢ on presenting election 
 petition a wee eee eee .. 258 
 rules as to election petition fae seh aa. . 339, et seq. 
 powers, jurisdiction, &c., as to election petitions ... ae OG 
 when order of finance pemninities may be removed into... 141 
 to determine question as to transfer of powers ... Aedes 
 mandamus of ... igs ve ... 240 
 when may grant a mandamus to hold a an election a pea uabe 
 rules of, as to county of London a ‘fe aes eee Fela 
 when writs of certiorari not to issue ... a 7? ... 273 
 
 removal of orders, &c., into ... re ae See eee 273 
 
 HIGHWAY. sf ass a tes “4 bewal Oo 
 area of, a jocal Beyerinicnt area it es te ocped (1), 
 ‘bicycles, &c.jupon ©... * ie = id --- 149 
 not main road; repair, &c., of :. Bas r ved ne 26 
 what improvement may fe ntiie Oller aes eae the 3! 
 liability to repair discontinued a eae soa t=: 
 when may become main road... es ese oes pe] 
 
 2H 
 
Index. 
 
 HIGHWAY—continued. PAGE 
 in Scilly Islands oe ae a ns Pre sf. 89 
 surveyor .. ve can oes ae oT ee Gy 
 
 See also one RoapD, Race 
 
 HIGHWAY ACTS, 
 powers, &c., of Local Government Board may be transferred 
 
 to county council ... we ae ot dee aon 18 
 HIGHWAY AREA + Ae sts reg vx 20, 162 
 what is ... es Py ate 19, 162 
 
 when quarter sessions borough deemed os er ot) ee 
 
 HIGHWAY AUTHORITY we aes vee 162, 163, 165 
 breaking up road og 55: oc ar ss areal 20 
 
 duty as to repairing, when so broken up... ove un 26 
 drain, sewer, &c., differences as to... Pe sha SAT PS 
 when defaulting te 5 eee ae 
 grant in aid of disturnpiked and main n roads” oe sa l93 
 to comply with rules of Local Government Board in respect 
 to a ove LOD 
 certificate of Local Government Board i in respect to os pL 95 
 includes council of a borough ... aos vias Ae a Ly 
 meaning of sf aes ea abe or aes -. 162 
 what is ... at vie ae ay we mal Trop et! 
 HIGHWAY BOARD re * 8 8, 162 
 county council to have same powers, &o, +» aS tO main 
 roads ... ne “ve ae 18, 19 
 
 what improvement to make on 1 highway is py: at £4] 
 HIGHWAY. DISTRICT? 7° ce 103, 162 
 
 a highway area . ty ves he tut AD 
 alteration of, in South Wales . ‘3 is ids iver 20 
 HIGHWAY PARISH 0. 1... 
 when a highway area ... Vs vee os ae in? LO 
 HIGHWAYS AND LOCOMOTIVES (AMENDMEN T) ACT, 
 1875, 
 application of section 20 te: see nil 27 
 certain powers under, vested in county council es me 0 
 in smaller quarter sessions borough .. ie eee ee dit, 
 HIRE, 
 provisional council may hire buildings wes aoe ct LS 
 costs of hiring ... Nes ees os weay LTR 
 when hiring iileoal at pslectibars ei Pe ova» OO dace 
 persons guilty of . ee nae aid ites .. 312 
 
 elector disqualified for .. “et wie ‘ee on tes 
 
Index. 
 
 HOLLAND, 
 division of Lincolnshire 
 
 HOLY ORDERS, 
 
 PAGE 
 . 165 
 
 clerk in, disqualified for being elected and for being coun- 
 
 cillor of borough 
 
 . 213 
 
 not disqualified for being elected and bene aldermah 
 
 or councillor of county... 
 
 HORSE DEALERS, 
 duties on licenses for 
 in county borough... 
 
 HORSES - ane 
 duties on licenses for ... = 
 in respect of licenses for, in county borough 
 
 HOSPITAL, 
 fever or smallpox : 
 for infectious diseases, paupers ‘maintained i in 
 registered, pauper lunatic maintained in 
 
 HOURS, 
 of poll eS by % Ve 
 at county council eléction ber 
 HOUSE, 
 licensed, pauper lunatic maintained in 
 occupation ie oer 
 meaning of 
 HUNDRED, 
 
 bridges repairable Dye 
 
 . 150 
 . 193 
 61 
 
 158, 159 
 83 
 43 
 
 245, 246 
 . 126 
 
 fe 43 
 202, 204 
 . 204 
 
 27 
 
 certain bridges repairable by, transferred to “porough 
 
 council : : 
 included in expression “ ‘ division of a county ” 
 main roads repairable by 
 
 rate, making, &c., of, transferred to county dotnet. 
 
 purposes of... 
 of Salford, county boroughs situated i in 
 
 ILLEGAL PRACTICES ... 
 advertising agent 
 avoidance of election for 
 certain expenditure illegal n nee 
 
 payments made after statutory period sei 
 
 when candidate exonerated from 
 corrupt withdrawal from a candidature 
 disqualification of electors 
 
 9H 
 
 ei 
 sii 
 8 
 
 f 
 
 6 
 
 87 
 
 UREA 
 . 305 
 . 312 
 . 809 
 . 315 
 312, 313 
 . 309 
 “gt AWS 
 
Index. 
 
 ILLEGAL PRACTICES—continued. 
 election may be questioned for 
 employment of hackney carriages, &c. 
 expense in excess of maximum 
 illegal employment or hiring .. 
 when certain employment illegal 
 list of electors, &c., incapacitated by reason of 
 name and address of printer on placard 
 person guilty of... 
 petition for 
 
 when to be presented 
 withdrawal of 
 trial of 
 costs of trial 
 when election petition founded ¢ on 
 when innocent . 
 providing money for 
 illegal payment... 
 gratuitous refreshments 
 
 publishing false statement of withdrawal of candidate 
 
 punishment for illegal employment or hiring 
 saving for certain seettie 
 
 use of certain premises for committee rooms, ‘bea 
 voting by prohibited persons ... 
 
 whatis ... a ise 
 
 IMPROVEMENT, 
 highway, not main road 
 of highway, what may be made 
 of main read by district council 
 by urban authority 
 public footpath ... 
 
 IMPROVEMENT ACT DISTRICT 
 
 IMPROVEMENT pitana ea 
 who are ... -e 
 an urban authority 
 
 IMPROVEMENT DISTRICTS ... 
 
 INCOME, 
 adjustment of, belonging to boroughs and counties 
 
 INDICTMENT, 
 presentment of grand jury 
 
 INDOOR PAUPER. 
 See PAUPER. 
 
 +) hae 
 
Index. 
 
 PAGE 
 INDUSTRIAL SCHOOLS A Ae i. bat is, L1G 
 transfer of, to county council ... ee uss id et 
 in smaller quarter sessions borough ... ay! oe 69, 70 
 INFANT POOR .... od ahs “5 has bie .. 49 
 INFIRMARY, 
 separate, paupers maintained in sae sy Wie ea 83 
 INFORMATION, 
 quo warranto ... - ye =e ae 252, 275, 276 
 when not tolie ... = ae hy we 2002206 
 INHABITANTS, 
 of county, duties and liabilities of transferred to county 
 council Age ae ey a ... 141 
 emigration or colonization. of Fi. ee oom eee LID 
 advances in aid of ... x. ay. . 118 
 county council to promote, &c., oo acne if need 
 be, legal proceedings ash ae ero) 
 of liberty and bity of Westminster ... ee ste ¥2) LB6 
 INJUNCTION, | 
 
 of High Court ... oe fas oes at ioe --- 105 
 
 INLAND REVENUE COMMISSIONERS, 
 
 act done by, when to come into effect ead ay a 170 
 certificate as to certain licenses ees eae me a OF 
 duties collected by in county borough ane ~~ 59, 60 
 payments into Local Taxation Account in respect of mere 
 duty and other taxes.. » .« 192 
 to pay into Local Taxation Account proceeds of cate on local 
 taxation licenses ee + oe a. oh 34, 35 
 officers of... ve vie oe ay.4 yeepaol 
 power to levy may be transferred ve ev fs iy «(30 
 saving as to powers of . ay ms ae Hie ye LEO 
 INQUEST, 
 of coroner, certain accounts of sums paid to be laid before 
 county council 08 vai ¥s fie yO 
 of coroner, fees payable on nholding of . ov oe, 09 
 INQUIRY, 
 by local government commissioners ... est et ... 104 
 of local government commissioners, costs of... — saE LOD 
 See also Locau INQUIRY. 
 INSECTS. 
 
 See DESTRUCTIVE INSECTS. 
 
Index. 
 
 INSPECTION, PAGE 
 of accounts of county council ... Le ha: tee sve thl9 
 correspondence, &c., with Treasury ... "Ts ae .«. 283 
 of documents by burgess or county elector ... -- 281, 282 
 
 person refusing... ah ve Se 9a rea 2ol 
 
 of highway about to become main road _.. ri 19, 20 
 
 of order as to highway becoming main road... Bs ao 20 
 
 marked register of voters _... os oa a yey Al) 
 return and declaration of candidate respecting election 
 
 expenses ie Gee fon eae we ate sae OLE 
 
 INSPECTORS, 
 of factories ae ie He ae ee wae sewed 
 fees of, and costs allowed to, to be fixed by county council... 9 
 of gas meters, appointment, &c., of .., ry oe Paull 
 
 fees of Sis Ges 3 YE eee = sity oO 
 of Local Government Board, local inquiry by sin pret Ls 
 making local inquiry, costs of ... ey LDS 
 
 qualified for medical officer in district of 50,000 inhabi- 
 tants Se > iad wet ae yas 33, 34 
 
 of nuisances... Ae hes She ous eek 45, 46 
 removal of ... i Ca bas eae mee eens 
 payments to local authority in respect of Me: tee) ae 
 
 of petroleum or explosives, when to become officers of county 
 
 council Se oe an a a Phe irre Kats) 
 removal of ... oe oid bide vif a +. 169 
 tenure of office of, under county council >: ss 189 
 
 of weights and measures yr tf de sie Byes h! 
 when to become officer of county council -ceelos, Loe 
 removal of ... He ies bee ers ey > 188 
 tenure of office under county council ... nes Beit 
 
 INSTALMENTS, 
 
 when capital money includes ... ar begs igi »» LIG 
 
 See also CONTRIBUTIONS. 
 INSTITUTION, 
 
 for deaf, dumb, or blind, paupers maintained in... spt) ae 
 
 for idiots, paupers maintained in, sep a shar ie 
 INSTRUCTIONS, 
 
 under Registration Acts, alteration of a »- 137, 188 
 INTERPRETATION, 
 
 of expressions ... os Se or ee »-- 160; 302 
 INTIMIDATION, 
 
 avoidance of an election for ... He pe ais ». 255 
 INVENTORY, 
 
 exhibited, &c., in Scotland... ne AS a 37, 192 
 
Index. 
 
 IRELAND, PAGE 
 Local Government Act not to extend to... bee wef LGD 
 Municipal Elections (Corrupt Practices) Act, 1884, not to 
 
 extend to... st ie sae on ny iagvoom 
 
 ISLE OF ELY, 
 to be separate administrative county ... ane nee on OF 
 
 See CAMBRIDGE. 
 
 ISLE OF WIGHT, 
 distribution of probate duty grant, &c., to... es Hp KY) 
 hitherto exempt from operation of Highway Acts ... SP ee. 
 road, tolls on, to cease ... = Ag ie oe eee 
 roads in, how to be maintained, &c. ... “¢ 27, 28 
 highway commissioners to receive certain contributions from 
 
 county council of the county of Southampton... EY! 
 ISSUE, 
 of licenses by county council ... Sad das on am oO 
 
 of stock ... ae ag ee Are ote .. 114,118 
 
 JOINT COMMITTEE, ... pat at nad ‘es ... 141 
 of county council or councils and court or courts of quarter 
 sessions e at sue ‘ne ses ae ... 143 
 of quarter sessions and county council, when may use 
 county buildings... eae she ah i. re War Mae 
 accounts of oe a oa a tee as .. 144 
 when to ascertain rateable value ise ve a 21/08 
 when to fix rateable value... as see Meee 
 number of ote a ae i se ae oe te! 
 powers of he oe a ... 58, 59, 145 
 appointment of members of... = ale bb ... 144 
 tenure of office ... ar PR oy ee sis ... 144 
 business transferred, construction of Acts relating to eghoo 
 
 questions as to, how determined ... * iy! eo) 
 
 coroners may be appointed from time to time for purpose of 63 
 for entire county, when to appoint coroner for intermingling 
 
 districts re re as Pak oi A rapes LS 
 of entire county may re-arrange coroner’s districts when 
 situated in more than one administrative county ... pny 
 
 of county council and borough council, election of coroner 
 by 4 es ee . fi ee He ene 
 costs of ... as ete ye awe ve sts ... 144 
 custody of records and documents... me ir ce kae 
 county of Cambridge ... ae ves Sis so 85, 86 
 Northamptonshire... me ve =< tis 85, 86 
 Suffolk eae oe es ae aC ee 85, 86 
 Sussex eas me a wae iid ais 85, 86 
 York see ay gf a abe sist 85, 86 
 
Index. 
 JOINT COMMITTEE—continued, 
 
 PAGE 
 
 powers, &c., of two or more counties, transfer by provisional 
 
 order ... 
 
 Rivers Pollution. Prevention Act, to carry out pro 
 
 what powers to have... 
 delegation of powers to 
 
 not to have power to make rate or borrow money 
 
 weep AdBy 144 
 
 ees jee (18 
 
 visions of 30 
 
 30 
 
 es ... 143 
 
 of County Palatine of Lancaster and other county councils, 
 
 what property, &c., to vest in oe ie 255 
 
 ~ numbers of ae a 87, 89 
 powers of ... a fe say BG 
 quorum of ... ore Ke a eee FEN 
 
 of Lincolnshire ... : ... 148 
 when a body corporate Pes LOD 
 clerk to LEG 
 officers of 144, 145 
 
 police, powers under 18 & 19 Vict. c. 69, s. 7, how to be 
 
 exercised oS bee ee Paha 
 when to appoint deputy clerk of peace “ss. 146 
 of visitors to poor law asylum ‘ reed pe 
 of Yorkshire .., ae sag Sen .-. 148 
 when a body corporate... bee LOG 
 clerk of Pe $y a ac x eeLOD 
 See also COMMITTEE ; STANDING JoInT CoMMITTER., 
 JUDGE, 
 of the City of London Court, appointment of 82 
 to be a barrister ee axe My, 82 
 
 assistant ... 
 
 Middlesex quarter sessions, to cease to be chairman ... 184 
 
 81 
 
 to be first chairman of quarter sessions of county 
 
 of London ... 
 salary of ... ves ees 
 deputy-assistant, in Middlesex 
 repeal of enactment relating to ... 
 county of London quarter sessions 
 
 JUDGES, 
 on the rota for trial of election petitions 
 
 may make rules... ore ae ont 
 
 JUDGES’ LODGINGS... «.0) on ee 
 
 transfer of, to county council ... 
 costs of .. ais a us 
 may be purchased, built, &. ... 
 at Manchester S ‘ie 
 
 ... 184 
 ont LOE 
 sean tL 
 see Lbee 
 -.. 184 
 
 ts «.. ddl 
 eee 267—270 
 
 52, 278 
 Me 
 164, 165 
 lake 
 av BE 
 
Indew. 
 
 JURISDICTION, PAGE 
 certiorart when proceedings show want of ... i We 21S 
 of coroner, proviso as to, in certain cases... 22 oor Le 
 of High Court as to election petitions ee sre $2675 268 
 of London quarter sessions... 17 om! ve “retell 
 of sheriff of London ... ens ee am ee MOTTSS 179 
 
 of city of London ... bee ees ae oh we 79 
 over cathedral precincts, saving for ... aes ait . 292 
 under Summary J Ge enot “Acts, county council not Ho 
 
 exercise is ae ene eee vee ose tee koo 
 
 JURORS, 
 
 Cinque Ports... - mes eae ¥en Bnew ... 288 
 city of London, saving for ao =e te te 207. LOG 
 lists of, in county of London ie < . 156 
 lists of, in Kent, Middlesex, and Suey at appointed tay. 176 
 summoned ae appointed day act oe eG 
 of counties of London and Middlesex or Be Jr LOG 
 within county of London At ee da “s wie ol 
 summoning of, for quarter sessions... OL 
 
 exemption as to liberty and city of Westminster ABN ea . 156 
 
 JURY, 
 County Juries Act, 1825, in county of London... pea toG 
 grand, presentment of ... ae A rn ee: 2109140 
 in London and Middlesex... ees te one waslbG 
 lists of, costs of .. ee sv re ees ... 164 
 lists, duties of apa of peace as ci vi nee gem 1465147 
 
 in county of London + or Hs > din 419 
 
 JUSTICE OF THE PEACE, 
 
 assembly of, when a meeting of an authority ae ... 140 
 when an authority ade Le she a Ae ... 141 
 member of an authority ve vy pepe a 
 alteration of boundaries may affect any ss RIK Pa LOL 
 of borough, powers, &c., of, transferred to county cated FP fee) 
 in city or borough = es des ae ie Ae UG) 
 saving for borough justices... ase Sra sacks ena OO 
 saving for county justices orf ood vee oes ee 20u 
 business reserved to... : igi ae a 15, 16 
 clerk, appointment and removal Ofc: oe bee ... 149 
 clerk to ... sey aes eee --. 140 
 certain affidavits may vA sworn Honetcte “ae wee ... 344 
 chairman of county council to be... +r Bed 5, 139 
 conveyance, &c., of land in name of . a Ree oe Lee 
 costs in iofendiug legal proceedings, how Palsy Geass Poe ble 
 
 debts, &c., after appointed day a we wed pls 
 
Index. 
 
 JUSTICE OF THE PEACE—continued. PAGE 
 county, when to exercise concurrent jurisdiction with those 
 of borough ies att A ay 2°’ 
 
 form of declaration by borough vas ie oF sen COL 
 guilty of corrupt, &c., practices a ks sts ee hy 
 how discharged from commission of peace ... ia ... 184 
 Judicial powers and authority of ... Pig ats --. 139 
 of franchise or liberty ... he be she oes fae Oe 
 nothing in Act to affect their powers as conservators of peace 
 or obligation of constables, &c., to obey, &c. ioe ve hi 
 what officers are to become officers of county council ... 188 
 officers and servants transferred to county council ... ... 189 
 Temoval Of-s... ss. ess) wee to 
 tenure of office... ae ef ve om. ey ty 
 salary of ... Ri ... 189 
 
 persons declared justices in county of London by Local 
 Government Act, how removed... i oo 83,1184 
 property of ... ces “2 LOS 
 
 property, &c., held by, to vest in county council ... wPE LOS 
 pictures, &c., may claim to retain ,.. sa) sie --- 108 
 differences as to... ‘* +r rE as oe --- 108 
 scheme or order, may deal with a sed e ». 102 
 
 sitting in petty sessions, certain powers of county council 
 delegated to ... ves ate ye tee ie 50, 51 
 
 in special or petty sessions... nee eae vce | 140; 141 
 service of summons or warrant va a, eos) RV ET D7G 
 person taken into custody without warrant... avs set7 7 
 when constables may take bail so he at osetia t 
 pauper lunatic asylum, appointment of visiting ... Sse bay 
 borough, visiting committee of pauper lunatic asylum... 177 
 county, visiting committee of pauper lunatic asylum cee 
 in metropolis at appointed day ars ad ey Ay gi hss 
 Cambridge, Lincoln, Northampton, Suffolk, Sussex, York... 101 
 Kent, at appointed day SY nas bes os egal C1 
 of Lincolnshire, transfer of business of Spy iis a) oe 
 
 city of London, powers, &c., of Je te A Ioan 
 county of London, matter civil or criminal arising before 
 
 appointed day (ex o. ve re «. 182, 184 
 clerkto i. Ee 2 3 vee oe Hove Hy 
 constitution of ... aes oe iy es oss LOO 
 
 oaths of ... ee, $33 eB. ne qe Reed As | 
 proceedings of ... oH Ye eS ove |) ROOMTST 
 sessions of the peace, held by... i As Pope! 
 
 jurisdiction of ... ae ee ae on: ow 74 
 saving for ... ifs BS Ba: ae ey Tees 3) | 
 chairman of London County Council to be ... on Pee MS | 
 
 when magistrate, commissioner, &e., of Middlesex to be 
 justice for London county ... ae es on avs a LOD 
 
Index. 
 
 JUSTICE OF THE PEACE—continued. PAGE 
 Middlesex, at appointed day ... es ra ia ... 183 
 Tower of London at appointed day ... We ae ... 184 
 Suffolk, clerk to mae ty : .-- 185 
 
 in general sessions... “ie are an a3 reac 
 Surrey, at appointed day bea ten ee i ss 183 
 Sussex, clerk to... tes eit bes a As wei So 
 in general sessions... aie Bae ee He Bee Yly 
 Westminster, at appointed day “ey: ie Ae Seuloe 
 of Yorkshire, transfer of business of ... 85 
 
 JUSTICES OUT OF SESSION, 
 accommodation of ye “iF cael hak ome 52 
 certain business of, transferred to county council 15 
 costs in criminal proceedings, &. ... dee nee ia L12 
 costs to be paid out of county fund ... sas + aul 
 police, powers, &c., as to, vest in county council 16 
 London, records and documents of ... “ue ere apa Et 
 in metropolis, powers, &c., as to licences of slaughter-houses . 
 and cow-houses transferred ... 84 
 
 JUSTICES’ ROOMS, 
 transfer of, to county council ... 6 
 
 KENT, : 
 apportionment of debts, property, &c., between, and London 
 
 County Council ek ie eg ine 75, 76 
 coroner, whose district is partly within county of London... 180 
 jurors, lists of, at appointed day ao Sp #4 rea 
 jurors, summoned before appointed day... a LG 
 justice of the peace, at appointed day ar re ... 183 
 part of, to form county of London ore 74 
 portion, in metropolis, lists of voters in A nH ... 169 
 quarter sessions, holding of special and petty sessions 81 
 saving as to any enactment, deed, instrument, Sc. ... «ee 159 
 sessional arrangement ... tes 
 sheriff, jurisdiction of ... ie ‘ide sas ie kao 
 proviso as to session of the peace oon ae Lo 
 sheriff to transfer, &c., certain prisoners’ lists, writs, jury 
 
 lists, &c., to sheriff of county of London ... Sf. aye! 
 transfer of certain powers, &c., to London County Council 75 
 
 KESTEVEN, 
 division of Lincolnshire she as ae sei esa LOO 
 
 LANCASHIRE, 
 assize courts, &c., at Manchester, provisions as to 87 
 clerk of peace of... ep st ... 185 
 
 powers and duties of —... ie ire wae ... 148 
 
Index. 
 
 LANCASHIRE—continued. 
 deputy clerk of peace ... 
 main roads and bridges in 
 
 PAGE 
 148, 185 
 27 
 
 quarter sessions, salary or pension of chairman of, or stipen- 
 
 diary justice ... : ie 
 special rates, provisions as to .., 
 standing joint committee 
 
 LAND fas ee eye +P 
 acquisition of, &c., by county council 
 contracts, &c., as to 
 conveyance, &c., of ‘ 3 
 county council to manage, alienate, &c. 
 disposition of corporate 
 lease, sale, or purchase, &c., of 
 Middlesex registry, saving for... 
 proceeds of sale of 
 
 capital money 
 
 86 
 in 0 
 --. 148 
 ee xs") 
 Pee BAS) 
 sv 141 
 aap he 
 soe 109 
 ome ay k 
 saenle 
 oo, 160 
 soo 419 
 sn bh 
 
 purchase of, when county council may borrow in respect of 115 
 when county council to acquire and hold without license in 
 
 mortmain ae 7 5 sa 
 when to be purchased to improve highway ... 
 tax eee eee 
 tax, saving for ... 
 LATHE, 
 when included in expression “a division of a county ” 
 
 LEASE, 
 of lands, buildings, &c.... 4 eae 
 when county council may enter upon 
 of land 
 
 LEGAL PROCEEDINGS, 
 civil or criminal, in county of London 
 as to opposing Bills in Parliament 
 as to promoting Bills in Parliament .., 
 when commenced before appointed day 
 when may be amended... 
 pending as to coroner ... 
 
 LIABILITIES re ae is aos 
 county, transfer of : 
 adjustment of = oes ive 
 belonging to boroughs and counties 
 relations between county and borough, as to ... 
 meaning of A 
 of inhabitants of county - det 
 to repair highway when discontinued 
 
 --- 14] 
 negro 
 vee alo 
 see AMD 
 
 eLoU 
 
 E110 
 110, 111 
 ead 
 
 wire Lee 
 30 
 seer 
 ese) 176 
 baat dal 
 14 
 
 122, 191 
 . 108 
 UetOs 
 wa BB 
 54—56 
 ... 164 
 plat 
 8 
 
Index. 
 
 LIABILITIES—continued. PAGE 
 of ‘roads board in South Wales 32 an e ones 
 saving for eee cee oa Aye mer 196 
 scheme or order may deal a Be oe of e102 
 LIBERTY, 
 abolition of, for all purposes ... ay: -o Kee Ariss Bete: 
 merger of, in county ... “oe “pe ee, te aA Ness. 
 of Westminster ... ace a 2 a ae TL OG 
 police force, of . ae ge oe a aie ae oo 
 quarter sessions pene | eee pep Bea: 
 standing joint committee, site to he ‘appointed <a OO 
 transfer of powers, &c., of ... Avtanee aac aa tay OO 
 LICENSE, 
 explanation of certain terms in Licensing Acts... . 287 
 of houses or places for the public performance of stage plays 15 
 powers of council as to, may be delegated ee 2 56 
 of places for music and dancing, transferred to county council -7 
 of locomotives ... op ae “eff cea nas 6 
 in mortmain ... ase see 109, 142 
 granting of, under Racecourses ifeenaine Act, 1879, transfer 
 to county council ... e nek Spe er 
 of slaughter-houses and cow-houses in merools Ae .. 84 
 person “holding, under Licensing Acts, care of corrupt, &e., 
 practices “es . eee w+. 308 
 when meetings held in eenced. premises alerah we OOLOS SEE 
 borough of Cambridge .. ret eee Hy he woe ZOO 
 proceeds of rea ae ee a ae yy re tie 
 how duties applied ©... <n ve 38-—40 
 for trade carts, locomotives, oa “ish eh and horse dealers, 
 duties on cee on 8, 192 
 trade carts, Tecan ntact ee in reine pordugh ae 59, 60 
 issue of, by county council ... és oe as se. OG 
 transferred Ee a. ais Te ae “et sat LOU 
 LIEUTENANT, 
 Cambridge, Lincoln, Northampton, Suffolk, Sussex, York... 101 
 in city or borough eo ase “te os ae . 101 
 of county ers Ae Aas aed trek 
 county of London, appointment ‘of ane ae es att 158 
 alteration of boundaries may affect ... na a . 102 
 scheme or order may deal with wii ats . 102 
 deputy, appointed by the Constable of the Tower of London 184 
 LIGHTING, 
 area of, a local government area iss Her “ erp lett ls: 
 of main roads ... ase “et oa +" — af 2G 
 
 rate for eee eee eee eee eae eee eee 290, 291 
 
Index. 
 
 LIGHTING COMMISSIONERS, PAGE 
 lighting of main roads ... a a 4 ae ot 26 
 LIMITATION, 
 actions against corporate officer ae ve yD 
 actions, prosecutions, &¢., against persons ‘achnes in pur- 
 suance of Act.. eS rr ty OI 
 
 agreement or award as to adjustment: of firisticial relations, 
 within what time it may be reviewed _... ray rs. 0G 
 
 election petition... eee + aoe o: o- 252, 276 
 quo warranto information U37) ne! ae -. 275,276 
 LINCOLNSHIRE, 
 clerk of gaol sessions, when to be clerk of joint committee 186 
 Halon of, meaning of 2 de re ree Kits) 
 of, to be separate administrative counties: ae , 64 
 joint committee of councils of divisions, appointment and 
 removal of clerk of peace ... . ae es “x 148 
 for what purposes an entire county ... as ee “e101 
 joint committee of ... one Whee coe jets AOD 
 transfer of property and liabilities pas “3 --- 109 
 what business transferred to administrative counties ‘of at cs. 
 LINDSEY, 
 division of Lincolnshire = m8 ts sa --- 165 
 LISTS, 
 actions for penalties ... =... isa | aps 
 of burgesses... - re Boe »-. 226 
 burgess, duties of overseers as os a4 ote aes ave ZOO 
 
 of burgesses, how made out and revised _..... a --- 236 
 how styled re ais ie tea < . -. 236 
 
 burgess, printing of... te . 237 
 burgess roll of persons incapacitated for voting by corrupt, 
 
 &c., practices .. Se vy, ss>. Vidldpere 
 arent and respondents, how arranged see =e ... 238 
 of claimant and respondents, printing and sale of ... . 239 
 proceeds of sale of fe ar 4 ae a 8.7239 
 costs of jury... 7 ri Er te 2165 
 county electors, how revised PMT 
 
 offences in relation to... ts i BY ... 244 
 printing of .. “a a7 VADSE 
 persons residing within fifteen miles of county oe --. 386 
 revision, when to be completed Aa a 8 al 238 
 of electoral lists... whe mee eae sad . 381 
 electors, names of, how numbered ..., . 137 
 
 (revised) of electors) when and by whom to be delivered to 
 returning officer for county of London .... ree eee Cast 
 
Index. 
 
 LISTS —continued. PAGE 
 (revised) of electors, when clerk of peace to send copies of to 
 another clerk of peace abe Hi bi ye, . 167 
 for electoral division ... os 2 ade ee 7238 
 for polling districts... 4 an .. 238 
 of electors, separate non-resident, in county of London... 139 
 jury, duties of clerk of peaceas to... 6. ee nee LAT 
 of jurors in county of London... oe 4g mY EDG, 179 
 municipal election ... des me are ws» 259, 260 
 misnomer or misdescription ... are ans .. 284, 285 
 of prisoners in county of London «wwe ... 179 
 parish burgess, arrangement ... ate “ot nie ... 238 
 how revised aa 4 ... 239 
 not to be revised by mayor or revising assessor 252, 253 
 printing and sale of ene ore re ... 239 
 when not made or revised in proper time ws e251 
 separate non-resident ... we og iE tie os2 wea ale 
 for boroughs and counties ais i “ee ae ea 
 persons entered in... i oes eee ose ... 126 
 valuation 45 or = e ee re Be DEE 
 of voters . 92, 135, 166 
 voter’s appeal from decision of r revising g barrister “fe ase 209 
 of voters, courts for revision of ie eee oe Bey AN 
 duties of overseers as to ... see net eos ». 283 
 how made out... fice ep yithy teee ROR 
 how made out and fed x ay ry rete 
 in parish not within municipal borough | a 13 249 
 provisions as to, when not to apply to county council... 63 
 transitory, as to ... - Sse 387 
 of voters, when clerk of peace to supply part: of to emether 
 clerk of peace.. se er. eas ¥ see SALUT LOS 
 of occupation voters Ps oa tag 
 
 of voters, when district sittate i in more 6 than c one county ... 157 
 where municipal borough or urban district co-extensive with 
 an electoral division... ae nf bre ... 239 
 of voters for city of London at first lesion’. res eee LGS 
 in part of Kent, Middlesex, and Surrey within metro- 
 polis ca “2: nF “ey. aT ee ect tite 
 See also VOTERS. 
 
 LITERARY SOCIETY. 
 See SCIENTIFIC SOCIETIES. 
 
 LOAN... =A os ahi 107, 121, 122, 214, 216, 282 
 account of, in canal budget .. a ay He . 123 
 discharge of + oe os Pe Hee ae 112, 115 
 
 how raised omy Se + + mt. nae oe les 
 
Index, 
 
 LOAN—continued. PAGE 
 on what raised ... =e os os Am eis coll ay 
 raised for special county purpose... a oth ase tt BY, 
 limit of period to extend over... A ees nee 2. 116 
 power as to, not to be delegated by county council... sD lag f 
 regulations as to discharge of ... ey 18 
 
 regulations to be laid before each House of Parliament ... 119 
 regulations, when to be confirmed by Order in Council .., 119 
 
 LOAN SOCIETY, 
 
 rules, how confirmed ..,, yy a aa + 1}, 12 
 rules of, to be submitted to barrister P AP ye ay, ee 
 LOCAL ACT, 
 powers, duties, and liabilities conferred by, how transferred 
 to county council .., — oe he ae Pirie B 
 saving for — oon she iz ove LOL 
 
 how affected by scheme or order ake ve sp aed LOR 
 LOCAL AUTHORITY ... ee ay ay ee ... 149 
 
 accounts ... se ae: oes eee ee ee .-. 122 
 business transferred, question arising as to ... - a Py 
 certain powers of transfer to county council... nee et A) 
 costs in respect of provisional order ... = ae ... 154 
 
 Local Government Board may order proper enforcement of 
 
 Public Health Act ... “se “a 3 a .. 34 
 mandamus may issue ... bo oe — re so. 34 
 of borough or town under 10,000 
 
 ve vs sy By 6 
 payments to by county council, in respect of inspector of 
 nuisances, ¥: oe due br a w-. 42 
 by county council, in respect of medical officer wee 42 
 powers of county council as to Explosives Acts may be dele- 
 gated to justices in petty sessions |. 50 
 
 powers under Explosives Act, 1875, transferred to county 
 council =H ae no vee ‘eg os Fara bs) 
 quarter sessions borough, not county borough, with popula- 
 
 tion over 10,000, to retain powers as ake «. 64 
 salary of clerk of peace transferred to standing joint com- 
 
 mittee... ne “se re aA: a bas --. 146 
 scheme or order may deal with i we 102 
 
 when medical officer has failed to give required report .., 49 
 when standing joint committee substituted for, as to fees 
 
 and salaries of justices’ clerks ig ie oh -.. 149 
 when to receive from Local Government Board contribution 
 towards costs of main roads c . 193 
 
 to comply with rules of Local Government Board in 
 Jprespect to sili. eee oes das: ambeas ra eee 195 
 certificate of Local Government Board in respect to eon Bt 
 
a ae 
 
 —a 
 
 Index. 
 
 LOCAL BOARD, PAGE 
 whatis ... dea ce yale: 
 of local government phi an red honty hh SR. 
 
 LOCAL FINANCIAL YEAR ... a ale “8 eh WAL, 
 audit of accounts A 98 = ane ive fy RO, 
 estimate of receipts and erates is fe aa Mad bs 
 when estimate insufficient... oe fee a peo lae 
 fixing of .. ni red fe Be edb 
 
 adjustments poneeduent upon ia ois a aga Wey 
 paupers in London poor law unions ... wee 5a ie Oat 
 
 See also FINANCE. 
 
 LOCAL GOVERNMENT ACT, 
 
 expenses of, how defrayed... . as ,. Ree hl 
 not to Pend to Scotland or land “oy ee ... 166 
 repeal of Acts in connection with ... ee Sar! cee IS: 
 
 short title Ms Des —~ ae m as 3. 100 
 LOCAL GOVERNMENT AREA, oa Pe oy ae a}, 
 
 alteration of ... gn ie oe se “- ap he, 
 boundary of ... ee ee are “a ie 1.03 
 exception as to ... oes i < =, eas i sea LOO 
 what is ... a aS Oe 45 ai zt ie LOa 
 LOCAL GOVERNMENT BOARD, 
 accounts, adaptation of certain Acts to fee er ap ey 
 audit of accounts of county council . ne He aS 
 when act done by, to come into rea ape aah: 
 amalgamation of two ert boroughs, present alas as to 97 
 Allotments Act, 1887 . te ae Ax Pie: 
 
 appointed day, “icy it i885 be sete bas OOS Ye: 
 arbitration of ... 25 ny ee ee a 25, 26 
 
 arbitration, rules as to ... oe < ed ee DELO; 
 when an authority ... ... 141 
 saving for existing bye-laws, orders, call eed RE weelod 
 borrowing by county council, consent as to. Ae ee lip 
 county council, borrowing by, when consent not revue 116 
 to borrow in pursuance of provisional order ... ae LLG 
 borrowing, when debit balance at Local Taxation Account . 50 
 Poeedaries future alteration of ay fa 20 
 alteration, may make order as to, without any represen- 
 TatdOl, 44 re “e see we atl 
 confirmation of anit: as fo: ee can LOU 
 notices by county council as to certain alterations ace 
 local i inquiry as to.. ei r. oes Jes a, 
 local inquiry, costs of . a fie ais . 154 
 when to cause local i inquiry to be made ok a: 154, 155 
 et 
 
Index. 
 
 LOCAL GOVERNMENT BOARD—continued. - PAGE 
 to determine number of councillors for each county, and 
 
 apportion them between boroughs and rest of county bie o 
 certificate of, as to payments by county council in lieu of 
 
 local grants... ied ss be: ae .-. 41, et seq. 
 charter for new Barnet ¥ 7m as ae yy 
 financial returns by Haroach and conhty council .. 225, 226 
 to lay an abstract before Partiaent is sad meee 
 
 when electoral division to return two or more members Rs bss} 
 letter of, on section 20 of Highways and Locomotives 
 
 (Amendment) rWeireml belch oe Sy ade Bey | 
 main road, when oats council refuses to declare certain 
 roads ... ae i re “06 
 roads in smaller quarter : sessions Shepane h, when and how to 
 be declared main roads eee ‘ 4 aaa 70,71 
 what sums to distribute in respect of costs of. main and dis- 
 turnpiked roads ae : <a seast0o 
 medical officer, may prescribe qualifeatiane ce gn oye) oO 
 metropolis, paupers in , bes Reais 
 ordersas to bringing Tosa Government Act into full operation 175 
 order as to provisional council ae say We 
 when an election cannot properly take place oe pal 75 
 power to remedy defects at first election ... 174, 175, 242 
 probate duty grant, to certify sees of distribution OI aaT 
 certificate as to... : . a 37, 38 
 certificate of, as to grants to poor ae tiie &e. a << 40 
 provisional order as respects boroughs and urban sanitary 
 districts in same area eu mee zat ae . 94 
 provisional orders, provision as to... : bbe . 154 
 returns, &c., from county council required by. Parliament. . 148 
 traiterance of powers to county council ee 154, 155 
 when may transfer certain of its powers to county 
 council Me : ce 17, 18 
 
 to county council powers &e., conferfem by local Act 12 
 may make provisional order tranaterrinig certain Govern- 
 
 ment departmental powers, &c., to county council Bist 
 when to appoint day for county Meant to enter on duties 171 
 to appoint returning officer of county of London ... »-4 L609 
 when to constitute. joint committee in connection with 
 Rivers Pollution Prevention Act ... a ae eu 
 when Public Health Act not properly enforced ste .. 384 
 union situate in more than one county = ae 000) 
 when consent of, necessary to removal of officers af county 
 council “yr i se OB ala 
 when districts or wards to be muited for purposes of an leas 
 toral division .. Fi ee ne a ae relve 
 
 when to modify ennctindnts Ss a HH: Sk ie NO 
 
Index. 
 
 LOCAL GOVERNMENT BOARD—continued. PAGE 
 when to be substituted for Treasury ... Te te vege tee 
 when matter not prescribed to be done 0 ee ».. 154 
 
 LOCAL GOVERNMENT DISTRICT ... a ae io 10a 
 
 LOCAL GRANTS . ee att os. 158 
 county council to make certain payment in lien of ;. 41, 47 
 sums paid in substitution for . i oe ot we oS 
 
 LOCAL INQUIRY... 5'hs i tes ie ae RAS: 
 
 - as to alteration of Grenier : ae 94, 95 
 boundary, when Local Governtient Board to make, as to... 99 
 costs of ... jas td yt fis 153, 155 
 when Local Goverment Beanie to make --- 66, 71, 153,154 
 when not necessary to hold... ie or ed .. 154 
 
 LOCAL RATES, 
 grants in aid of, to cease sf HF a 37, 41 
 payments by county council towards... tie af 37, 41 
 
 LOCAL STAMP ACT, 
 execution of by county council es : ore pe KY 
 questions as to application of, how determined Ae Oe 
 
 LOCAL TAXATION ACCOUNT a Ae AF ... 104 
 audit of . ary. ss in ae 49, 50 
 council of borough, payments 3 ob3 ee iy PM! 
 debit balance... 4 eeioU 
 payments into by Taian ‘Revenue Commissioners i in respon 
 
 of provisional grants... ae ride . 192 
 payments into, out of Consolidated Fund Sp ae le 
 payment to “a8 = tr 35, 36 
 proportion paid out of, to Sena) unin ee ry pris 
 sums standing at, how distributed... whe re anor 
 supplemental provision Os 10s. x .- ys ... 49 
 temporary Ng as to division of surpins ef s. 192,193 
 what is ... : ny ae fe Me es 
 
 LOCAL TAXATION LICENSES, 
 distribution of proceeds of ... fas As bi .. 54 
 duties on... ae Bas Te cee es ... 34, 35, 41 
 
 application of ae bee “ne ie a sia Oo 
 when county council tolevy ... - ae we ely 
 issue and cancellation of, by county ancl ge AAS a |v 
 
 schedule of 9) oe ee ae) ay bees eet OR 
 LOCK-UP HOUSES, 
 
 transfer of, to county council . 6 
 
 when persons belonging to pacther. jurisdiction ‘may be 
 received in... rye ze rs re ie + 6, 7 
 
 at Manchester ... et ees ns a “he We 87 
 
 i ee? 
 
Index. 
 
 LOCOMOTIVES, PAGE 
 bye-laws of larger quarter sessions borough not county 
 borough respecting ... : ae ii “pS Pa }GG 
 use of, men to be authorised .. nie nae ate Poe Ras, 
 duties on licenses for ... sas ot he sos aoe 
 licenses for, in county borough a at = 60, 61 
 in city of London ae ty ft +e 2 ee bs 
 LODGEReta ay Ps ag * ae .. 228 
 distinguished from ocetrpien aap oe Se ae --. 204 
 what constitutes qualification ... oe fe eh ... 208 
 LODGINGS, JUDGES’ ... aie ae rts pil Cte 
 : costs of ,... ae i ak ane aie norp 14a] 
 transfer of, to county council . ae VP dag TOL, oa 
 may be purchased, built, &c. ... oo < rr Sey ahi 
 at Manchester .., a Bae ae = rhe ATS: Sy 
 LONDON, CITY OF, 
 Socal representation of, on hearing ia 81 
 application of Highway and Locomotives Amend Act e 77 
 bye-laws respecting locomotives +L “as ig 78 
 corrupt and illegal practices in +34 te me 328, 329 
 county councillors for the city not to act and vote on certain 
 matters.. ie pop 
 court of he mayor Sl aldermen 4 in the nine Chamber rae OL 
 included in expression “ metropolis”. 3) eee etl 
 jurors, saving for ah a i nae pe ey LoG 
 justices, powers, &c., of a yf aie a 76, 77 
 lists of voters at fee election . Me Pe eg Eo) 
 mayor, &c., of, right to elect stent of Middlesea to cease... 86 
 militia, saving for a ay | 157 
 parishes in, when not liable to Meret contribamonn eee hy 
 police, saving for Hid be ey at ota ... 158 
 position of yet : ae sie AMID ed eS 
 secondary, duty as to lists of voters, &e, = es s.-- L69 
 quarter sessions, powers, &c., of as a 53 76, 77 
 sheriff, authority of ... Ee ae: Ay. Ay Sor bad 
 jurisdiction of ... fe ne sid elie 
 county of, to continue a separate county awe eee ane 
 LONDON, COMMON COUNCIL OF CITY OF, 
 eee to i$ awe +e TALE 
 pauper lunatics, Receipts: in respect of! oye fan ook nak 
 costs, not liable to contribute to fe. " Le TG 
 bye-laws in city of London respecting locomotives .. Sate 76 
 when deemed a district council and urban authona SEONG 
 
 assessment, agreement with London County Council as to 
 exemption eee eee eee eee eee eee =! eee 79 
 
Indew. 
 
 LONDON, COUNTY OF, PAGE 
 adaptation of Act ep eee tc bk: ... 155, et seq. 
 adjourned sessions ade tee . 182 
 
 adjustment of property, debts, &e., between. the counties of 
 Middlesex and Surrey one oa reg oe) L662 157 
 
 appeals, when heard... 2 Af cep a hoy 
 application of Central Criminal. Court ‘Act, 1834 RGR 
 County Juries Act, 1825. se xe nie rasLoe 
 boundary, saving as to.. ae me Ay. ere Pip td 
 bridges in Middlesex aid SUITE} 4 s+ ave ... 156 
 city of London, what powers, &c., transferred LOmre. . rian. 
 clerk of peace a separate office Sie clerk of council ... 148 
 for Surrey, when to be deemed clerk of peace for _... 186 
 for Middlesex to be first clerk of peace . oc cee 148 
 clerk of peace of ae x 36 fp a Su Leb 
 clerk 10 justices of aes ae ge a Ces Pail 
 commission of peace for | ee Lee ate Crime 24.0180 
 justices under... a if eis a oe oun 
 how to conduct their Procebdings Le ose ean LOL 
 coroners whose districts are within ... . rae LOU 
 court of assize, oyer and terminer, and gaol Helivery, 7.2 1b6 
 court of quarter sessions for ... Ser aln Ses a Liaw) te 
 formation of ... K: ee ft eg. = sew Ae 
 general sessions ... arn’ oy Fes he a vem, bBo 
 jury a ee er 0 
 legal proceedings ee ee at ie “fe epoal Vf 
 lieutenant, appointment of ... Ze ied LDS 
 lists of voters, parliamentary elections, &c., in oe aRlbS 
 electors, residential, qualification of . = 50 daelao 
 Militia Acts relating to, to PPy hee a ote: eR DG 
 original sessions.. My . 182 
 
 person declared sustice of =e by Local Gaverittent Act 
 for, how removed ... ne we ts ede Loo) Loe 
 
 petty sessions... eee “ty eon to 
 petty sessional divicion, fered clerks Sete cee Pree LSOwie 
 or occasional court house in... oe See se ok 
 quarter sessions.. . wee nee eet OO 
 chairman fal deputy-chairman 6 me at 79, 184 
 chairman of “e si ay ve a4 ... 184 
 salary of ae +r ve Hag’ a ... 184 
 
 held at Newington Pte pee LTS. 16 
 
 where held before scheme comes fiat effect 2a) oly 12 
 records and documents of, in whose custody to be kept... 148 
 returning officer to be appointed by Local Government Board 166 
 
 powers and duties of a 2 ose ..- 166, 167 
 
 ballot boxes, &c., at election ... on py coe Loo 
 revising barrister et! Poe fecal era were LOU 
 
Index. 
 
 LONDON, COUNTY OF—continued. PAGE 
 sessional arrangements... tS en eK BF 80, 81 
 sheriff er eh Sola 74 
 
 how nominated and appointed 178 
 declaration of 178 
 jurisdiction of = 179 
 when to cease to have jurisdictions in Midilewe 178 
 Jurisdiction of, for Middlesex, Surrey, and Kent as to 
 any sessions of peace 179 
 to receive certain lists of prisoners seri be : sail 
 records and jury lists, &c., from sheriffs of Middlesex, 
 Surrey, and Kent : eieghaD 
 questions as to, how determined... rep 
 precepts to. sow LOZ 
 sittings of Supreme Court, Cena Crime Coutts re . 157 
 special sessions . i . 183 
 to be deemed one ‘oni with county ae Middlesea for the 
 purpose of legal proceedings, sittings of Supreme Court, 
 
 &c., juries, Se ral OT 
 transfer of powers, &c. provisions as 4 i. 75 
 visiting committee of prisons in . 183 
 what is 74 
 when magistrate, dormer or other Bficat of Middlesee 
 
 to be justice of peace.. &. 158 
 
 LONDON, COUNTY COUNCIL OF, 
 sdedn an’ number of .. * Aer eels 
 apportionment of property, fins ee  neereet counte of 
 
 Kent, Middlesex, and Surrey _... Fis: ..75, 76 
 assessment, agreement with common counts of city. of 
 
 London as to exemption 79 
 borrowing by us 6 
 clerk of . . 186 
 
 a separate officer fon elerts of péaee far county 146, 147 
 salary of ‘s . 146 
 common council of Londons traneier $0 77 
 number of councillors ... sae 
 documents, orders, rules, &c. a ree . 155 
 documents of, in whose custody to be kept ... . 147 
 deputy chairman re ze iy ae oso LODE 
 appointment ; »-- 155 
 powers and duties... oss L565 
 remuneration mlb 
 tenure of office wv 100 
 deputy clerk, appointment of... .. 146 
 powers fad duties of a ae Ae . 146 
 grants to union officers, exception as to a =o 48 
 
| 
 
 Index. 
 
 LONDON, COUNTY COUNCIL OF—continued. PAGE 
 license of cow-houses ... +s : a ook .. 84 
 slaughter-houses ... ne lee a sue . 84 
 
 medical iieer of be et . 156 
 
 Metropolitan Board of Works, powers: &e,, transferred to. 76 
 officers and servants of Metropolitan Board of Works to 
 
 become officers = is rat a ~ 185 
 pauper, indoor, grant in respect ne ase ae Pe ex 165 
 poor law unions, grants to, in place of local grants.. 82, 83 
 quarter sessions, arrangements for paid chairman of het] 
 
 Ghairmam of,’ ... ~ Bes tes bei +-02 184 
 
 petition as to. ae ste oe eee ... 184 
 
 regulation of holding ahs a oU 
 returning officer to send names of persons slectad to bagrel 
 
 to clerk of Metropolitan Board of Works.. be . 169 
 revising barrister, sum payable in respect eo oe 136, 137 
 Riot (Damages) Act, not to exercise jurisdiction under... 158 
 provisional council, ‘buildings, use of... a te Toke: 
 
 See also COUNCIL, PROVISIONAL. 
 
 LONDON GAZETTE, 
 
 alteration of wards “ee ; oP ods ws ... 226 
 division of borough into ask ae ve ... 226, 227 
 sessions in county of London . ae ese ‘te fa BO 
 
 LONDON, TOWER OF. 
 
 See TOWER OF LONDON. 
 
 LORD CHANCELLOR ... ‘e mooad 
 to determine question arising as aie de eee on certain 
 
 matters to sheriff of county of London ... fe = LO 
 
 to remove justice of the peace of county of London pelos 
 
 when coroner may be removed by ... ney aus a be 
 
 LORD LIEUTENANT, 
 
 Tower Hamlets... ae We ae ae De ee LOt 
 
 LORD WARDEN, 
 
 saving for oe a ne a on fa 6 Pa! 
 rls 
 when election of chairman of provisional council to be 
 determined by Pa bad ive tee wie 174 
 election of chairman of aang joint committee, when 
 determined by re dss eee rt aes we. 52 
 LUNATICS. 
 
 See PAUPER LUNATIC ; PAUPER LUNATIC ASYLUM. 
 
Index. 
 
 PAGE 
 LUNATIC ASYLUM fe a a e2d6 
 arrangements as to, between county ante and borough 
 councils a ee ae 2 i$," ene th 00 
 committee of visitors ... aes ie i ve -.. 151 
 land, conveyance of ... oes oa nee -.. 142 
 ois borough council to contribute towanlle 7s ae D0 
 See also County Lunatic AsyLUM; PAuPER Lunatic 
 ASYLUM. 
 MAGISTRATE, 
 metropolitan stipendiary ye toe »a~ 159 
 when to be a justice of peace for eons of Tidnay -.. 159 
 stipendiary in Lancashire... me A fe osm OG 
 MAIN ROAD x ate ic he aes ose biw LOD 
 in county borough” ©)... 9.2.) 7...) rr 
 repairs of = : ie Ae if He Sy AOD. 7. 
 road, when to be declneed Mee ste a Abe: 25, 61 
 When declaration to take effect ee Sea ee 
 when county council refuse to make such declacatien ee dss’ 
 when declared repairable by hundred ns a ree Ames 
 reduced to ordinary highway ... ey i. a Prey alG 
 ‘in metropolis’... eis peed 
 in metropolis, when claimed to be retained by urban au- 
 thority “i as an ei (| 
 liability to maintain Ah repair, saving p for ap oe eps Cie 
 lighting of oe ae ale He ng a sh areeeo 
 locomotives on ... oa ate oe a ae a its 
 meaning of oy “fe ry tps Ween GO 
 thaintonance of, in extended nities area ... oa 20, 21 
 by county council.. ae :is 18, 19 
 when urban authority may retain poner as to.. Saat 
 repair, &c., of, by district council obs eas cam oe 
 rate for Matitenante Orn. c 1 cae or sas WO 
 obstructions on . ph ae ay “3 ave pele 
 power to break up ste iis C Bi os5) 926 
 when repairable by county aan Cas ees me ae) BI 
 when not repairable by highway authority ... <9 21 
 repairable by prescription ... if ade Bas - 160 
 repairable ratione tenure aig |e . 160 
 retained by urban authority, sum in i Paybiens of costs of 
 repair, &c., how determined... m4 Da is Peal 
 larger anatter sessions borough not county Boronglt to form, 
 part of county as to ... eo . 64 
 
 when larger quarter sessions borough not county borough 
 may clatiis to retain . ee eerie ey. si. 65 
 
Index. 
 
 MAIN ROAD—continued. PAGE 
 roads in smaller quarter sessions borough, when and how 
 
 declared a. 70, 71 
 when turnpike road not deemed 20 
 undertaken by district council when not in proper repair... 25 
 notice as to a een ae 
 temporary provision as ie oreo in on OL) Se . 192 
 when to vest in county council 23 
 See also HigHway; Roap. 
 
 MAINTENANCE, 
 of bridges by county council ... 6, 15 
 of bridge carrying main road ... 18, 19 
 of footway, public 26 
 of highway not main road 26 
 
 of main road 
 
 6, 18, 19, 21 
 
 by district council... 22, 23 
 
 by urban authority 21 
 
 in county borough... 2 62 
 
 in extended area of borough 20, 21 
 meaning of... we 
 saving for ... - . 160 
 undertaken by district eouneil: failure of 25 
 
 of paupers va wan Od 
 of pauper children i in schools . 158, 159 
 lunatic 55, 151 
 asylum 89 
 vested in ginny eouncil 7 
 
 of reformatory and industrial school ... 7 
 of turnpike road... 20 
 
 repair and reasonable improvement af oad meaning mae ate Ys) 
 
 MANCHESTER, 
 
 assize courts at ... 
 
 ‘MANDAMUS 
 
 for correction of pares oll ee: 
 
 87 
 
 105, 256, 270 
 
 . 239 
 for election of a corporate officer 275, 276 
 steps in making absolute 275, 276 
 when peremptory in first instance . 276 
 to hold an election 
 order of Local Government Board “pon local authority as as 
 to carrying out provisions of Public Health Act may be 
 enforced by ty ae nip Ai oe 
 
 MASTER, 
 of High Court, rules as to election petitions... 
 
 form of receipt of election petition 
 
 . 009, eb seq. 
 ase 839 
 
Index. 
 
 MATTER, PAGE 
 required to be done, but the manner of doing it not pre- 
 scribed ie he des aa .- 154,155 
 MAYOR ap dus nee oy a “fs “ty #061 
 actions against ... ve ee oe ot roe) TT 
 absence or illness ore ee me eS see, 216, 286 
 appointment of auditor... ar. a Pe as 2 224 
 of borough, or city abe va oie, ema a1) 
 chairman 3 county council nok te te called a See 
 duties as to elections, in case of illness, &e. ... «249; 250 
 meetings of council te : ; Pe RT 
 election caused by person unseated on petra Ye ek 
 election of ee é ies ae es er .. 247 
 mode and time of .. san ar ios a Hee 
 equality of votes ee aD ee oF ae oan tdi 
 outgoing aldermen may vote ... eae ach .. 247 
 election’ of councillor in more than one ward $5 eh OO 
 
 mandamus when may issue against, to correct burgess 
 roll eee eee @ee eee eee eee eee eee 939 
 
 may appoint deputy ... < ae Sy. nae, LG 
 notice of casual vacancy in corporate offiée . re ... 249 
 duties as to ome en Sa ee isa ... 249 
 casual vacancy in sities oF oe i ee ae vee 249 
 notice of polling places ef ace cis ay ».. 299 
 duties as to polling stations ... . 300 
 
 of city of London, right to elect sheriff of Middlesex to cease 87 
 of certain borcnahet to act as returning officer at parlia- 
 
 mentary elbetion es ; os a8 i Sy dens, 
 when to act as returning pices ay ais ey sab) Doe 
 offences as to election ... one a er “ pas'eenales 
 powers and Sagres oe te Se ass ane ive EG 
 qualification of . +r i hs a “oi ae OG 
 returning officer i in place Ol 7cre ane oe hi ae 125 
 salary of .. aah ze A oo wag ae ata ati 
 term of office ene a i med eng ao 
 to continue to be member of sonia ar “se w.. 232 
 to have precedence... re ... 216 
 when person not accepting afte of, ‘0 We fined sae ... 230 
 town clerk, treasurer, &c., incapable of acting ... ». 235 
 
 See BorovuaH, Gonnae OF; LoNDow, CITy oF. 
 
 MAYOR, DEPUTY, 
 when to be appointed ... ore pe ae oe fem a he 
 
 powers of a ee xe a an sa ep EY 
 MEASURE, 
 measurement of distance ak ants ‘= de ... 280 
 
 See WEIGHTS AND MEASURES. 
 
Index. 
 
 MEDICAL PAGE 
 appliances .. 159 
 grant by London Connell! to unions ne th oe of tee Tey. 
 sums spent on els 
 assistance, burgess in receipt ae . 229 
 practitioners... oes 7 oO 
 MEDICAL OFFICER, 
 appointment, &c., of 32, 45 
 appointment, terms of .. 32—34 
 county council and disteict council may agree as to 32, 33 
 when obligation of district council, under Public Health 
 Act, pecued to be satisfied . . 33 
 county of London . 156 
 remuneration of or 82 
 district of union, when may be appointed medical officer of 
 health .. 4 46 
 illness, or incapacity of 46 
 payments to local authority by county council in n respect 
 of ae : 42 
 powers, &c., in certain districts 33 
 payment of eae ae wee es Sis he 32 
 qualification of . see Abe un, Ody 42, 46 
 after J Anuar 1, 1892, in county or district containing 
 10,000 inhabitants 33, 34 
 removal of 189, 190 
 remuneration of... 45 
 to report to county council Bo we 
 failure to nee 34, 42 
 salary of.. me 33, 42 
 when services to be qa ie Piece 32, 33 
 deputy 33, 46 
 See also MEDICAL OFFICER. 
 MEETING ... my sa nee = ss 140, 169, 170 
 of authority vis Bee im “3 . 141 
 councils... ss an a 135, 170, 174, 293— 296 
 equality of votes at first or second meeting of provisional 
 council 174, 295 
 convening of ; 167, 174 
 of county council for pe Aantal) roattere . 142 
 or committee . 185 
 at election, when using pertains premises is Fillegal. oll 
 
 MERCHANT SHIPPING ACTS, 
 
 powers, &c., of Board of Trade may be transferred to county 
 
 council 
 
 18 
 
Index. 
 
 MERGER, PAGE 
 Cinque Ports, &c., in county ... ee oa ie 88, 89 
 liberties and franchises in county... se. cay. metas «te! 
 provisions as to police force ... o te ies AM oss) 
 
 METERS. 
 
 Sce GAS METERS. 
 
 METROPOLIS “14 Ae oe Hee Art ‘en sie 168 
 
 adaptation of Acts to ... i. wee ... 155, et seq. 
 adjustment of property, debts, ‘&e, in “4s <n oro. L566 
 of law as to slanphter hoasend ee ee Se .. 84 
 administrative county in he ee eee Fr ae! 
 name of ... A “a es nee a3 in 0A 
 when deemed a county... sks as wie -- 194, 195 
 application of Act to... as ave a ... 74, et seq. 
 assessment sessions in ... as. rey A + athoe 
 existing justices in nt ae a ste wan) Ete Loe 
 interpretation of er va te “te “ec ER TiN 
 main roadsin ... ; Bp ae dye ies Berere 
 parliamentary boroughs i I ess oe By ets aro 
 police force, saving fors. tee es oie one . 158 
 transitory provisions as to mee weg _ 178, et seq. 
 when surplus at Local Taxation Account to be paid to in 
 respect of roads Petey: sem L0G 
 
 when to be deemed a county for distribution of surplus at 
 Local Taxation Account... one ac -- 194, 195 
 
 METROPOLITAN ASYLUMS DISTRICT, 
 
 Act relating to ... vt Api! 
 powers of clerk to managers of, ‘transferred to ‘London County 
 Council ri ts PA ep on an nae ge 
 METROPOLITAN BOARD OF WORKS _... Se Pale 
 saving for existing bye- -laws, ani &c., Oba: aoe ase LUG 
 to cease to exist.. ae " “ns ete seek CLO 
 costs, when authorised to incur ieee rye 77 
 officers and servants of, to become officers and servant a 
 London County Council ... oes “f iv. . 188 
 powers of za ; << 
 returning officer to receive Epes: ir purpaess af electien 169 
 stock Paitea Dyn Ms ap LS 
 to make all Becaseare arranisemnehts aur provisional council 
 to carry Local Ge eiiaroent Act into effect 360 OLS2 es 
 transfer of certain powers to county council., nf: Fre hts 
 of powers, property, &c., to London County Council... 76 
 when an authority eh aS rs ah nay 
 
 . See also CLERK OF METROPOLITAN Haven OF Wonka 
 
Index. 
 
 PAGE 
 METROPOLITAN COMMON POOR FUND... ies W980 
 grant by London County Council in respect of indoor 
 paupers Fai pun ee ane < one aL DO 
 saving for re ec on oe we ve wap d8 
 to what objects applied 4 oe ree sr log 
 
 METROPOLITAN POLICE DISTRICT, 
 
 area of ... if “ 40 
 boundaries of ... ee a oie “ie ep eeu AD 
 county partly situate within ... aa ie nee nea 
 metropolitan police rate a ne a ake 44, 45 
 saving for he aan AU Se Eetod 
 
 for Riot (Damages) Act, 1886... Ad ee See hs: 
 
 METROPOLITAN POLICE FORCE, 
 expenses of = “ ee Ke eee Peas Tet ag 
 saving for af ie 34 ae te é: vee 159 
 See also POLICE. 
 
 METROPOLITAN VESTRY. 
 See VESTRY. 
 
 MICHAELMAS SITTINGS, 
 of High Court ... a vee ie ae aK ... 138 
 
 MIDDLESEX, 
 adjustment of law as regards courts, juries, and legal 
 proceedings in Ach oa “ ve m. eis 
 adjustment of property, debts, &c., between, and county of 
 London uae eee ea se 4 vo. ek DO 
 apportionment of property, debts, &c., between, and London 
 County Council of si eas ore ee 75, 76 
 
 bridges, sums payable in respect of ... 9 at a LOG 
 Central Criminal Court Act, 1834 ... y ie Tae LU 
 
 clerk of peace ... A eae aS 148, 172, 181 
 not to be clerk of London County Council... eel test 
 to be clerk of county council... re ie aes ee 
 
 to be clerk of peace for county of London reg ree kl) 
 coroner whose district is partly within county of London ... 179, 
 
 180 
 County Juries Act, 1825 ae “2 ae Hy. ueoG 
 documents, orders, rules, &c. ... ee a es nel BG 
 existing chairman of quarter sessions... ne “a .. 184 
 jurors’ lists of, at appointed day ae nti AL ae biG 
 jurors summoned before appointed day foe ne eel 
 justice of peace at appointed GEA Ei) cas ee Fis tal be 
 justices to have a new chairman ga soe sf pak 
 land registry, saving for +f a mee ah eke 
 
Index. 
 
 MIDDLESEX —continued. PAGE 
 
 London provisional council, provisions as to +f Seite ey 
 
 clerk of peace ia fy: sf io hood hy A 
 
 part of, to form county of Tendon ve . = we 74 
 when magistrate, commissioner, or other ofits to be justice 
 
 of peace for county of Tondon van .» 159 
 
 to be deemed one county with county of Londons for the 
 purpose of legal proceedings, sittings of Supreme Court, 
 
 &e., Juries, &o. Se: ae ey ree kDG 
 portion in metropolis, lists of voters of a ‘ae ora Lo 
 quarter sessions . ~e a one .-. 156 
 
 holding of special and petty sessions ... Ps Here De ad | 
 revising barrister’ TODA a eS ... 136 
 saving as to any enactment, deed, instrament ae wus LG 
 sessional arrangements . ne * cae PEO 
 sessions in, repeal of certain enactments relating fe ae eet E 
 sheriff, appointment of se ack ae o See oer 
 how nominated and appointed ... wer ne Wg.) 
 declaration of 3 oe Dp algs) 
 
 jurisdiction of, as to sessions ‘of peace in ie of 
 London ... se we - 79 
 of London, when to cease 16 hove Guriediction in . 178 
 precepts to. te ae . 156 
 
 to transfer, &c., cere preckee fete aie ee 1 Jury ists, 
 
 &e., to sheriff of London county ... oh nee Hats 
 Lord Gantclee to determine questions as to a oes Sh 
 transfer of powers, &c., to London county ... Es che PAD 
 
 MIDDLESEX LAND REGISTRY, 
 
 saving for ae i ae eng ee w¢ 159 
 MILITIA, 
 Rferatiat of boundaries may affect ... he . 101 
 
 Cambridge, Lincoln, Northampton, Suffolk, Sassen Yor 101 
 general and local Acts relating to, to apply to county of 
 
 London as as 5 nes rm am Biiat, bey! 
 in city or borough See ets ns ned Px jnoeed Gd. 
 in city of Tercon ao ie 2 eed 
 member enlisted before appointed day. ae  # pw ssf 
 storehouses $3 sts i! oa ae Ah eu 
 
 MINISTER OF RELIGION, 
 not disqualified for being elected and being alderman or 
 councillor of county... da 2 
 disqualified for being elected and for being councillor of 
 borough 455 “9 eae ae a ane ben seule 
 
Index. 
 
 MINUTES, PAGE 
 of meetings of council, forgery of  ... ‘oe’ ae w-» 282 
 of proceedings of council, inspection of ... St Ser Ou 
 
 MISAPPLICATION, 
 of corporate property ... a “is ee igeat ly oie 
 who may bring action for... Th te ee ead oe 
 
 MISDEMEANOR, 
 forging or fraudulently defacing or destroying nomination 
 
 paper ... : . 252 
 member of Porporation Piceppieiae corporate property, ar 
 
 guilty of ves ne FP “e ae 
 offences in respect to nomen Pee &e. sa .. 302 
 
 party guilty of, respecting withdrawal of election anit . 320 
 
 person wilfully making false answer tu question put by pre- 
 siding officer at contested election ... . 246 
 
 when constables may take bail of a person charged nan 277, 278 
 
 MISNOMER, 
 of any person, body corporate... as sat ... 284, 285 
 MORTGAGE oe 971, 272 
 on county rate, as to ae is to meet oH “ bridges eg he 
 loans raised on.. a ‘7 ee see eee ees DUE 
 saving as i Bie aN np i ye ew OYA 
 
 MORTMAIN, 
 
 where county council may hold land without license in ... 142 
 joint commissioners of Yorkshire or Lincolnshire may hold 
 
 land without license in... a ae ae ved 
 MULES rs 3 we Sa St Pe ueLOU 
 duties on ticenses for oe ec es Sr ME: 
 duties on licenses for, in ppanie emera = bey. vaae OU 
 
 MUNICIPAL CORPORATIONS, 
 
 Act of 1882 _... ne Das ... 202, eb seq. 
 application of to iipeal Gavemmient Act es es) 
 construction of ... oe a sae = ta OF 
 
 how to act a? ai bp 4a RE ry poet) 
 
 name of . ec “te Ae eee 20z 
 
 saving for ‘rights; privileges, &e., ay oe pt a 727296 
 
 MUNICIPAL ELECTION, 
 meaning of an : Pe Abe -. o18, 347 
 
 meaning of in city of London .e fees mie reLG 
 
Index. 
 
 MUSIC, PAGE 
 house kept for public, when deemed a disorderly house ... 7 
 houses and places for, and dancing, transfer of power to 
 
 license to county council ... eee ose ie Ap ef 
 NAVIGATION, 
 
 penalties in connection with ... SP pe au ove 274 
 NEWINGTON, 
 
 clerk of peace to quarter sessions held at... oso (eee 
 what records to be kept at... Be -- ast els. 
 
 what cases to be tried at er a a rae aslo 
 NEWSPAPER, 
 
 _ advertisement in a ao A iB ab tele 
 
 provisional orders, &c. . = e ae es sve LUG 
 
 what advertisements to appear in nits sot OAD, chee 
 
 what advertisements not to appear ms ve ... 154 
 
 See also “ LONDON GAZETTE.” 
 
 NOMINATION, 
 of county councillor... a oe me me ove LOG 
 of candidate for office of councillor ... ibe ... 248, 296 
 to be in writing ... ae si 7 oe <1s 296 
 how subscribed... he ee ae va ste 206 
 how nominated .... fs Kis PA: at ... 296 
 paper, what to state oe aes aa neu 
 of person absent from United Kingdom an mS - 298 
 of person without his consent... os rg . 298 
 
 in elections of councillors, anti: of tome clare and perks 
 of council as to ih eos aad og ... 296—298 
 
 period between, and election ... a a es Pen ty 
 papers... % He ss ... 241, 255 
 in Blecone: ai bonnenlicEe ae s ... 296, 299 
 
 of county councillors, when to be delivered . «1. 106 
 forging or fraudulently defacing or destroying... --. 241 
 attempting to forge, &c. ... =e sep me nea 
 what amounts to... “3 ~ vag niga 
 misnomer or misdescription ... “ie ... 284, 285 
 
 objections to ae A Be: be ... 126, 298 
 where heard ... ve a “a 126, 127, 134 
 
 to whom delivered ... a ae as aE 
 offences in respect of _... a “ry a eos “Ooo 
 subscription of ... ave ie at e. ae eh 
 who will provide ... eta ste Me sh pier 
 delivery of .. a a Be ty § 
 
 sheriffs for Antes of Tonite on Middle Ape By i tee 
 
Index. 
 
 NOMINATION— continued. PAGE 
 sheriffs, when number of valid nominations exceeds that 
 of vacancies... aa “He ae .. 243 
 when the number is cheweme te ech eauode 
 is less . vee “as ses ... 243 
 when ee is no valid Sethe ve ie we 243 
 withdrawal of candidate vee af ea ye ... 298 
 NORTHAM PTON, 
 administrative counties, what business transferred to BA tsi 
 divisions of, to be separate administrative counties... aan Oe 
 for what purposes an entire county ... Ane aes cel ttn! 
 joint committee, when to be formed ... Steen wed oo ce 
 Soke of Peterborough, bridges in the... rt aa eee LU 
 costs incurred by, in respect of ... re “08 eee, 
 NOTICE, 
 applications, &c., by councils to Treasury ... ... 282, 283 
 as to borough and county elections ... yc pee wo. 249 
 as to casual vacancy in corporate office vee She ».. 249 
 as to certain alterations of boundaries ae We 98, 99 
 as to holding of certain elections... ame Be ... 250 
 mandamus for election to corporate office... enh ae 80 
 main road undertaken by district council out of repair ... 25 
 differences as to... une ae ee Meo 3) 
 meeting of county council, what to contain . We ... 244 
 misnomer or misdescription ... ee ee ag . 284 
 of election of councillors i 4a te 239, 280 
 
 of first election of county Ppanetiors to be published by 
 returning officer... sea ~ co fe 7 2160); 167 
 
 when to be published ... ee ae ee . 166 
 abatement of election petition ths Bs ee w.. 264 
 ; of trial of election petition, form of ... oF es ... 349 
 of polling places, &. ... EA tS se ye tts 20 
 of second meeting of provisional council ate oe Aa 
 of uncontested election... Eee wa pe by . 244 
 to overseers... as Ae ... 283 
 respecting election proceedings, ‘how CS Pep PAR Byes 
 where published ae =a Pen fa ge Zsl 
 under Registration of Blectors Acts Hig nti et . 138 
 
 of vacancy in council by reason of bankruptcy, &e., a 
 chairman, mayor, alderman, or councillor.. Hag bly toe 
 withdrawal of candidate at contested Mieeiare ve we 298 
 of withdrawal of election petition... ade 4s ... 264 
 in writing res ay: aes ad si a Pelle 
 
 NUISANCES, 
 
 bye-laws of county council as to ro ets ie 31, 32 
 
 2k 
 
Index. 
 NUISANCES—continued. PAGE 
 
 prevention and suppression of, by bye-laws... oe 221, 222 
 inspector of sie She ia “pe w» 42, 45, 46 
 OATH, 
 chairman of county council ... oo a eee 4, 284 
 claimant for compensation, when to take... “es ie 191 
 how administered. to Fe oh soo ol 
 county council committee, when not 6 adraiiaatania owt) 140 
 by holder of corporate office ... oe -- 283, 284 
 not required as a condition of holding municipal officals Wj 232 
 of person taking corporate office ay ee ris -. 232 
 when to affirm instead... as Pe A252 
 required to be taken by justices of the peace aoe . 181 
 when justice for sonnty of London has not taken statutory 
 oath ... ae : OL 
 when commissioner inquiring a as 5 fo alteration &e., of wards 
 may administer Ea is ov --. 228 
 when presiding officer may administer ia «- 9355, 365 
 OBJECTION 
 to election petition ... Be coe ee pede »-. 258 
 to nomination paper... y Ye ie .-- 297, 298 
 where may be heard as cee eae Pee 
 before returning officer at county elections a fiap LOG 
 when Hen =e ir Py oF ov) DLL 
 OBSTRUCTION 
 on highways... ar Sr re sis ik sen, 21 
 on main roads ... Sad aye ie ia aa 19, 21 
 OCCUPATION 
 by burgess Bee ae --» 202,204 
 definition of 101. ocoupation qualiteation el rz oe. GG 
 of property Ses ret! 
 
 of property, when a qualification of county councillor oy 
 property within borough ree oe id ... 137, 138 
 
 of part of house si “ ooo ae 
 of dwelling-house by Bie oF ake isersiees &. is ».. 204 
 of land of value of 10... an re a me YN) 
 residence hae a Fz, $2 aa -. 203, 206 
 VOUCIS * eer. sears Pe Bi 5 Bec As spin Ushy 
 joint or several . ov ae See ae --- 202, 204 
 house or warehouse sr oat 202, 204, 205 
 house, warehouse, shop, or ailiee building se a .-. 228 
 OCCUPIER, ; 
 claiming to be rated... sak ea Re ins ... 228 
 distinguished from lodger _... ve ‘ss sa we. 204° 
 
 entitled to sole and exclusive use... af .-. 228, 229 
 
Index. 
 
 OFFENCES PAGE 
 in respect of ballot boxes a Hee ee oe .. 352 
 ballot papers us aoe ie ore cas vo. 302 
 
 nomination papers eee ay wee BOD 
 under bye-laws of borough or county. Aare a. 221, 223 
 in relation to lists and elections ine one 2) BOS, 200 
 noniination papers aks ee woe 202 
 larger quarter sessions borough not county borough. eg Sos 
 prosecution of ... “re a oe ar nie Bee ie 
 limitation as to ... ses ie re ye ay ee 
 presentment for ... ies ata ey eee see »» 140 
 OFFICE, 
 abolition of, by county council 5c et ads a LoD 
 corporate, person elected to, acceptance of ... fet cee Lae 
 person elected to, when to accept ne a vee 12U 
 eee eer re SP OR ON OR?) 8. 87 
 meaning of wie 5 aa bee iG mae soo 165 - 
 * OFFICERS ... co oes ... 145, et seq. 
 abolition of office of, by county saietal Be vip eo (is) 
 whose duty it is to make up accounts at appointedday ... 176 
 in army . iiae aed 
 of Perichs ieee parish ds, ieee hata cor bined a. cael e 
 cf borough council ae ai LOR ARRAY 
 of commissioners under Local Government Act) 1.. aes 
 salary of ... ea oe “ns me re .<« 104 
 compensation to =e +e “e Vy 44,189 
 when compensation to be ered a ove fae fie lLog 
 amount of compensation, how determined ... LSo. 190 
 to make a claim and statutory declaration ... [T 741.90 
 granted compensation and afterwards appointed to another 
 office ... ae fr Ps Pe ee op eae 
 compensation. See also CLAIMANT; COMPENSATION. 
 corporate, procedure in penal actions against ue Aer as, 
 of county council aa : ee ise 188 
 powers as to duties on local taxation Hidenses Se ate OU 
 when not eligible to serve in Parliament ass ienihau 
 who are to Fiore: of county council eas eee Loe oO 
 paid out of county rates to be servant of county council ... 9 
 county, provisions as to not to apply to county borough ... 61 
 distribution by county council of business to “te Scrap tet! 
 employed with reference to county business and in county 
 offices ... io oR 3 ate tee ee Pepe Dot! 
 of customs ie ae aloe 
 of district school, grant by eornty. ronal towards aor ee 
 at elections, liability for misconduct . me He ... 306 
 election court... ie : aa am os w. 266 
 
 2K 
 
Index. 
 
 OFFICERS—continued. PAGE 
 existing, in smaller quarter sessions borough wee 70 
 of inland revenue eke ‘3 “a4 Me one 2ol 
 interim, of provisional council _ : seal rs 
 of joint committee i ae .. 148,144 
 joint, standing joint committe, as to affairs of a 52 
 London Scheat Board . . 168 
 meaning of . 165 
 
 of Metropolitan Board of Wickes to berate officers of Tondee 
 
 County Council . 188 
 municipal : . 232 
 of pauper lunatic asylum . 149 
 of poor law area, sums payable to 4] 
 of poor law union, salary, &c., of 48 
 
 grant by county council towards 48 
 grant in aid of ... re a it ‘se 2 ©6038 
 post office : : 231 
 of provisional council . Bs. cco wee! Ste 
 of quarter sessions Las as nae 180 
 compensation to ... 44 
 of roads boards in South Wales 29 
 registration of electors .. : . 138 
 salary of, payment made ine county scaneune in : teapet of . 45 
 saving for military and naval .. . 290 
 superannuation allowance, oratiity, &e., ore . 165 
 transferred to county council, salary BE wae 1D 
 tenure of office . 189 
 removal of .. sy . 189 
 any portion of rtiese salary is mickls by ‘Parliaments 45 
 scheme or order may deal with . 102 
 See also RETURNING OFFICER. 
 OPEN SPACES 
 in metropolis ) 2,51); * \-seliane saan e ven ree fk), 
 ORDER pe eae Bes Mie aes on ... 197,316 
 alteration of areas nee 9 ee Ae ... 99—103 
 alteration of boundaries he . 102 
 boundary, county council may make... 98 
 provisions as to... ee wee nee 99, 100 
 by county council, confirmation of eh. 
 county council for payment out of county fund .. 141 
 form of . oe cic .. 142 
 when TAY. te removed fae High Gontt oo Rs eee 142 
 county of London and Middlesex ... 156 
 for payment out of county fund ... 148 
 of Education Department - . 368 
 highway to become main road... Se See ees one $20 
 
Se oe 
 
 —eEeee 
 
 eS ee oe 
 
 Index. 
 
 ORDER—continued. PAGE 
 highway, inspection of .. fe 3 ite pt aU 
 of Local Government Board rincme Trova Governnient 
 
 Act more fully into operation oe .. 174 
 when Local Government Board to cause Toca inquiry to we 
 miene.as £0i. .0 ih. Hee oe ies aren Bay 
 of local government commissioners ... aac oe Se eLOS 
 not to be removed into High Court... vee oa LOG 
 when to amend local or Pereoosl Act... +P ees e103 
 when to be laid before Parliament ... rs See ... L103 
 confirmed by Parliament, saving for ... te sen eer LOT 
 what matters may be dealt with ber ay ete, ALOR aK 
 when not to be quashed for want of form... .. 272, 273 
 saving for existing en me ree ae ae ... 196 
 See also STANDING ORDER. 
 
 ORDER IN COUNCIL ... ne a ee i Alweae 
 transferring to county council power to levy certain duties 35 
 when regulations as to loans to be confirmed by... apis 
 registration of electors, &. ... oa oe es 136, 137 
 revocation of grant of quarter sessions, &c. ... en omnes 
 
 See also PROVISIONAL ORDERS. 
 
 ORDNANCE SURVEY, 
 measurement of distance ay! af 5 ee ... 280 
 
 ORIGINAL SESSION, 
 
 county of London ine eae fe ve My eelbe 
 scheme for holding ... Age “re rad ee aU 
 OVERSEERS, 
 action of majority + nag ... 283 
 appeals by, as to rates to quarter sessions or justices 15, 16 
 assistant . ees eee ese eee see eee .. 283 
 Ghurebwérden is ee ce or ae Ane ... 283 
 counties outside boroughs... ae oF VE ve 2AL 
 duties of .. a: A: “ri on 2 283 
 to bury certain dead bodies a a Soe nar AG 
 duty as to making out parish burgess lists ess a .. 249 
 expenses, &c., of, in connection with registration of county 
 electors sat “ rs ¥e eee me . 383 
 voters ead owe eee eee eee es we) ULU 
 notices to pee ens eee obs Ao ... 283 
 occupier claiming to be rated . ae ste ... 229 
 offences in relation to parish burgess, &e., lists ma . 253 
 to make separate non-resident lists “for counties aid 
 boroughs tr ce “eC ae pe ... 240 
 
 precepts as to county électors .. tee vio ae w+. B00 
 
Index. 
 
 OWNERS OF PROPERTY, PAGE 
 audit of accounts un . 120 
 consent of, for certain proceedings of county, council not 
 
 required sa ol 
 when to make representation ko: Local Goverment Board: as 
 to borrowing by county council ... bit x ee LL 
 
 OXFORD, 
 occupation of rooms, &c., in a university college or hall at... 204 
 university, saving for ... nae oie ae ay . 291 
 
 OYER AND TERMINER, 
 borough having separate commission of ... ise 53, 54 
 court of, in county of London and Middlesex itt ses 156 
 
 PARISH gun aes sa 
 
 adjustment of ... Fe ae ae “3 Re! see 
 future alteration of ... ea we ~~ ie Prieo 
 assessment of ... ee ‘. ee 58, 112 
 to costs of assizes and § sessions as a “pened county 
 purpose ... vo an Ny “$m ae ap OT 
 burgess lists... ay. ae if Bs ... 236 
 burgess list, arrangement Ol der sty n wag ... 238 
 not to be revised by mayor or revising assessor ... 254 
 where not made or revised in due time .. a as a) 1 
 printing and sale of ne we ie m ... 240 
 proceeds of sale of.. *. oh sa ... 240 
 exemption of, from eat contributions ie fs sy OG 
 in county district ne a, owe me ao ans OS 
 highway ... hb. ves me 2 a ... 142 
 when a highway a1 ATER s-» ... ae eee 
 
 in city of London assessed to costs afi assizes and sessions ... 78 
 in city of London, when not liable to certain contributions 77 
 
 meaning of om ee AS LOL 
 not situate within a municipal ‘borough .. 238, “239, 240, 249 
 list of votersin .., . 249 
 
 in parliamentary borough list, and register of voters 134, 135 
 in larger quarter sessions borough not county borough ... 65 
 
 in smaller quarter sessions borough sok rs at ae deed 
 
 not in union, combination of, into school district ate oo. 49 
 
 union of .. ue ee bee aes oe ies see AZ 
 
 value of, meaning 1) re ay rs coe Wad ms Be 
 PARISH CONSTABLE, 
 
 an officer holding office in county... vas ny ow. 9 
 PARLIAMENT, 
 
 abstract of financial returns of councils to be laid before dus eo 
 
Index. 
 
 PARLIAMENT—continued. PAGE 
 Bills, county council may oppose a: %, oe: 0-30 
 
 not to promote... ob ve ay aap OL 
 boundary, confirmation of, or order as s to tt. eas meu) 
 
 chairman or deputy-chairman not to be eligible to serve in 79 
 paid clerk and other paid official of Coe council, when 
 
 not eligible to serve in ao “oe . 149 
 may continue powers of local government commissioners ... 105 
 orders of Local Government Beard to be confirmed by 89, 93, 
 
 95, 100, 104 
 provisional order transferring powers to county nial to 
 be confirmed by ads 18 
 provisional order confirmed by, to becotoe: public general 
 ACL ace ae af ous se AP ont ks 
 parliamentary county, meanine of he 2 Ae ine sep kill 
 election, meaning of ag a seen dap! 
 elections, division of county into polling Sisixibts ROT SLO ae 
 election petition, meaning of ... ees us ge 954 
 voters, meaning of... is oe ape ‘ ped bag 
 registration, &c., of . 3 re a ee 
 regulations as to issue of county stock a : Po RE 
 as to loans of county council to be laid hedots Ath 
 House -... A iy i 119 
 returns and aisrnmtion from ianty: Comes ae ... 148 
 rules of procedure and jurisdiction to be laid before wie 207 
 PAUPER, 
 children in schools... ¢0 He ‘ins Vt elo 
 children, school fees of... fe ete bes w. 44 
 in-door, grant by London County Council e5 or ebe 
 payment out of Metropolitan Common Poor Fund fap BOD 
 union situate in more than one county .. as . 100 
 grant by London County Council to union tow ards 
 maintenance of .. : ae .. 82 
 in the metropolis, Recare number how ascertained oe 
 in metropolitan workhouse... oe ae ae Soph 40S 
 in-door, meaning of expression Ke EA. re beh 08 
 relieved in casual ward dis ie fis ae G0 
 maintained under a contract in workhouse eo cee Aone. 
 lunatic ... re eee Hey aie merle 
 lunatics sent by orth to county asylum A at pe OU 
 maintenance of county borough .. yy. he bie. OD 
 of borough with separate commission of peace... mes MY 
 
 adjustment as to, in smaller quarter sessions boroughs 71 
 
 certain things done by quarter sessions, when to hace 
 effect as if done by county council ... be a ae 
 
 when a charge on the county fund ee ae oo. Ld 
 
Index. 
 
 PAU PER—continued. PAGE 
 lunatics, In borough, when received in ies: asylum... 151 
 in city of London... SF ue Bi oe iI 
 maintenance of, payniont to foanianee in rea pact of ... 43 
 maintained in an asylum, payment be) county council 4 in 
 respect of ... i . 43 
 uniform charge for a nteeice Bee in ihe several county 
 asylums ed <¥ eis vies . 152 
 removal, reception, or Aurore 07 a pa Bae Abe a 161 
 settlement of ... re ae He sy) a 40 
 how made chargeable s union a: re sie Ao 
 out-door, union situate in more than one county Bf ney bs) 
 maintained for part only ofaday ... fs a ce.) 80 
 
 PAUPER LUNATIC ASYLUM sos 3) yee ees 
 
 accounts of Sof ae =e oie vi ie ee 150 
 
 audit of ... Lae ee an eA ee seo 
 adaptation of Acts... art tas) oo» |» eps LOO Ret seg: 
 building and furnishing of... ‘ ae ee SL Le 
 
 committee, office of, after first election of county councillors 177 
 certain things done by quarter sessions, when to have effect 
 
 as if done by county council es - ee Dee Ye 
 when cost of, provided by county... ee ris eet ha 
 county, reception of borough lunaticsin ... . 151 
 powers of smaller quarter sessions ie tratineere Bs 
 county council Fe ie ie 68, 69 
 in borough with separate commission aT peace i er ROT 
 maintenance, enlargement, visitation, &c., of, transferred fa 
 county council =i Be ite oe aT. 
 quarter sessions and justices, powers yetttee bye ea | 
 salary of managers Ate os A an Ex A ia, 168 
 transitory Santi as tov as a! FA pad Leen by 
 committee of visitors ... aS. a a ey, . 152 
 appointment of ... Ay: ree Bei) 
 committee of visitors, when reconler, jistioess or council ioe 
 borough appoint... : a SA! 
 when to be appointed by bun eounete a! i 177 
 visitors appointed by a borough or subscribers a! calli Uy fo 
 visiting committee, office of after first election of county 
 councillors ... vig was ee Le 
 
 joint committee of eiaior for ane or more counties or 
 
 boroughs és ve <3 ore ES she Pest bear) 
 Sce also CoUNTY Iecriiar. 
 
 PAYMENTS, 
 by county council to district council... +; wi 22, 23 
 
 to urban authority a 8 wae 4 ace) pa 
 
Index. 
 
 PAYMENTS—continued. PAGE 
 
 by finance committee, limit as to ... Bee .. 142,148 
 
 to and out of county fund... We Ase ... 142, 148 
 
 order for such... oP oi ee ay ... 142 
 
 order, form of... : AY ae 
 
 order may be removed into High ‘Court Ais ... 142 
 
 at elections, when illegal Ae tas + Sn ... 308 
 
 exoneration of candidate ... Ns ae = sole 
 
 when claim for, to be sent gee ee see ... O14 
 
 illegal, disqualification of electors... arf ae eel? 
 PEER, 
 
 when qualified for office of alderman or county-councillor... 2 
 
 PENALTIES nae eg er) 127, 176, 197; 255 
 
 audit of accounts ie aap ee soe = yea Be 
 to whom payable od : £0 fee .. 274 
 under bye-laws relating to bicycles, oe = Ey: jena bs \e, 
 in borough not having separate court of quarter sessions ... 274 
 recovered in quarter sessions borough, application of VReWE: 
 incurred relating to coroner ... A S% ws wan LA 
 duties of clerk of peace... ‘3 ee ola 
 councillor failing to make certain returns, &e. ... 315—317 
 under local Acts TT ee ae ee ... 274 
 when considered proceeds of duties “ss ; Sis << RoO 
 recovered by county council in relation to duties on local 
 taxation licenses... wa 3G 
 offences done in relation to lists and ‘elections va ... 254 
 in relation to nomination papers... =f, a sae ae 
 for perjury of witness at trial of election petition ... ... 263 
 non-efficiency of police force ... “i i ve 47, 48 
 recovered under Regulation of Railways Act ae ... 274 
 on unqualified person acting in office.. aie Sas ... 235 
 mitigation or remission of ... cae te 7410 
 person refusing inspection of certain docaments eat ep set | 
 recovered in relation to stamp duties.. a wes maa eehe 
 in relation to stamp duties... he aa RS Pea wes 
 PENSION ... aie i Pea ts an esi!) 
 of chairman of quarter sessions or ‘stipendiary justice in 
 Lancashire... fe PIC Re we 6G 
 offices transferred to nls council’. tea one Wie Leet 
 meaning of _... 4 es Pe Arie Hy ..- 165 
 
 PERMANENT WORK, 
 county council, when loan may be taken in respect of ... 115 
 
 PERPETUAL SUCCESSION, 
 county council to have... ar a as bat ree! 
 
Index. 
 
 PERSON, PAGE 
 elected for county councillor for more than one electoral 
 division = a Phe be as wealio 
 elected to a corporate office es ry. iu 5.20 275.230 
 when to accept... £3 ae is 2 R28 
 obligation to accept or pay ‘fine Se ait ... 230, 231 
 exemptions... ene — se Ms LSS A 
 when to sign declaration., ee oe st aL 
 resignation of BR be eo) 
 
 ceasing to hold corporate office sigible for re- -election boyy") 
 wilfully making false answer to questions put by presiding 
 
 officer at contested election .. az eg ... 246 
 penalty on unqualified person acting in office Be ... 235 
 validity of acts of a cs ae . 235 
 having interest by himself or parthen in contract, &e., aise 
 
 qualified for being borough councillor... we 9 $213,214 
 
 holding office or ie of eae in borough ... ... 218, 214 
 occupying property within borough ... bee we ue 137 
 
 meaning of on: rie Hy is Eee ae ne Le 
 
 PERSONATION _... as Fe ie abe ee BS Sil 
 a corrupt practice sae ~ an we ire eye 
 definition of ... A: te fa 254, 256, 335 
 a ground for an election petition a ae 2. 205 
 detection and are ta of persons guilty of ae ose OO 
 punishment for .. pe Ae ae Pe af ... 308 
 
 PETERBOROUGH, 
 county council of Soke of, to repair certain bridges... ssenbao 
 Soke of, to be separate administrative county ids iGo 
 See also NORTHAMPTON. 
 
 PETITION, 
 boundary, alteration of.. it: psa 
 for alteration of ay inon of county in coroner’s districts A 0: 
 for new charter of town ie ate ame ME 
 London County Council, as to chairman of quarter sessions 184 
 election petition 4 sae “be as gh Ri ih) 
 election, to whom to be sent ... ae ak me av 2D 
 election s..- <9 dace A ey ihe a me .. 254 
 meaning of $F. ros ay, 5 ues ce w. 254 
 parliamentary election .. ae at was ay .. 254 
 as to provisional order .. ats : Bec ae ... 154 
 revocation of grant of guarter sessions a eH yet 
 See also ELEction PETITION. 
 
 PETITIONER, 
 election petition, presentation of ... pas ww. =—:256, 257 
 
 security for costs mee ae as + .. 257,258 
 
Index. 
 
 PETITION ER—continued. PAGE 
 service on respondent ... 0 ay eee ob ... 258 
 affidavit as to... Be re ... 258 
 abatement of petition i reason n of death Oi fs ... 264 
 costs of petition... ae die oes ee ee eo. 265 
 petitioner substituted an aus i re xo ... 264 
 
 security of ... fe Sr ne ve ae =. 265 
 trial of election petition oe a sie pe, 9260, 262 
 costs on election petition Se ah aa re ... 265 
 withdrawal of petition ... 10 oe oy ... 268, 264 
 
 costs of ... es ae th i ae ... 264 
 expenses of election court sf “te A meee ... 268 
 
 PETTY SESSIONAL DIVISION, 
 in county of London ... Ke =< ae Se LOO aT 
 
 county of London, what is... : aes FOO) 
 
 of Middlesex, Rene and Surrey, to “form special ¢ or eA 
 sessional division ia county of London, &e. Asie sda ell 
 
 salaried clerk, appointment and removal of... 3 pr LaO 
 
 salary of ... sf re ref ae ing ... 149 
 PETTY SESSIONS, 
 
 when a “ meeting of an authority” ... we oe vest aeek 
 buildings for... y as E03 ms t Ae ny] 
 costs of, what it includes ae | at ... 164 
 cost of, when borough council to eontcibute towards ye 
 county of London Ke a ae ped tole 
 petty sessional court houses, provisions as ie ¥ ‘Ae HY) 
 PICTURES, 
 justices may retain certain... a re Ae als 
 disputes as to... hye aie oe: ise eee mA RN's 
 
 PIER AND HARBOUR ACTS, 
 powers of Board of Trade ander may be transferred to 
 
 county council He oat te vas ts mL 
 
 PLACARDS, 
 
 at election, name and address of printer to be on ... ... 310 
 PLACES OF RELIGIOUS WORSHIP, 
 
 certifying and recording of ... fee a ia aca kd 
 
 how registered ... “tz ee ae ee ae Pps hie 
 PLANS, 
 
 deposit of ie =P an ne ee are .. 147 
 POLICE, 
 
 account ... as tex as ee Bas Ses | 
 
 special county account.. rer ary. Soe Wis} 
 
 Bencents by county council i in place of local grants veo. 4 
 
Index. 
 
 POLICE—continued. PAGE 
 adjustment as to ae th oe. OS 
 officer, costs in defending legal proceedings how paid GaiaaLii 
 when to give assistance at ieenon court... Sif fA 267 
 
 borough # county borough and county, consolidation of ... 58 
 constable of borough ceasing to maintain separate force ... 188 
 borough, efficiency of, Secretary of State’s certificate as to... 48 
 when borough maintaining separate force to participate in 
 surplus standing at Exchequer Contribution Account ... 39 
 of borough under 10,000 transferred to county council ... 72 
 
 rateable eke a5, tO ase : «se = we ee OO 
 in county borough, proviso as to ite Bo ie Betas 
 borough of a town, payment in respect of ... ae Eee Ns 
 county, control of ... noe a 16, 51 
 when control transferred from one adn sara to 
 
 another ay =r 90 
 abolition of offices of chief and. other ‘constables muy a _ 189 
 chief or other constables, when to become officers of standing 
 
 joint committee i +2 as ede LOD 
 clothing of, payment by county. connells in respect of .. 44 
 county, powers conferred by 19 & 20 Vict. c. 69, s. 7, how 
 
 to be exercised co 5 eaaG 
 
 county, efficiency of, Secretary of State’ S certificate t as s to pe eas 
 county, powers, &c., vested in and attached to quarter 
 
 sessions and county council jointly... és bie ee 18 
 costs of . 4 ie tie se Sy. YER, 
 to obey orders of justices re at 
 pay and clothing of, payment in “respect of by county 
 
 council or : da 
 standing joint committee, as to eorthin raters relating to 
 
 16, 51, 52 
 
 proviso as to money raised by county council for ... 4400 
 rate, making, &c., of, transferred to county council... cramey 
 force, in franchise or liberty ... wae i AS. Preheat! 
 metropolitan, saving for nar ote oes isk aoa bite) 
 London, city of, savingfor ... = fe ieuhdS 
 commissioners and assistant commissioners . ne Loe 
 rate, how made ... vie is ae ne cd Be ig 4 
 POLICE STATIONS, ae +4 bts SS: oe Spe AES: 
 sale of ... af ees oe ee Bo AD tf 
 transfer to county council ox A Abe ui re 
 LOVE by, oe ree sn sis ie) "268s ea0 
 conveyance of plectore to ee = “4, ... 3804, 308 
 advances to returning officer ... aie Ec ay 1.21135 
 declaration of ... HT ae - ade Arent f(t! 
 hours of, at county council AR Spree : oD, Pet be 
 
 contested election of councillor, how conducted; woe 244, 245 
 
Index 
 
 POLL—continued. PAGE 
 who may vote ... Sor s5- mee im, fee ... 244 
 hours of poll... a sae mien ace w. 244, 245 
 equality of votes i a a at w.. 244, 245 
 agents at election ae “er w.. 244, 245 
 
 at elections, votes to be given by ballot oe aie .. 301 
 where to take place... wis fe acs Fe ... 354 
 
 rooms for oe ee eee Pe me ... 300 
 at schools or public rooms ___... a nee vee fey Law 
 POLLING DISTRICT ... he Ls ate ade vues bao 
 division of county into.. : ad oe er 
 when borough or ward may be divided THtOM Er Pes ... 248 
 electoral division, when to be divided into ... .» 248, 249 
 division of electoral division into ... ive ... 166, 249 
 conditions of division ... nae i byt 5s LOU; LOT 
 lists for ... ee ae hs ey ae a aeeeae 
 list of electors ... hn qe er 12186 
 names in burgess roll to te nitenerey by rae ae eA BY! 
 polling places at election of councillors ‘i ¥ ‘.. 299 
 when district situate in more than one ona 157, 158 
 parliamentary, provisions as to, not to apply to borough 
 council Nee are ee “ie so Hie hi ek 
 POLLING STATIONS _... cfs ees dee Be ... 355 
 agents in.. ¥ <r ve aes ae as saeuet lO 
 
 order to be kept i 1 to. vr ty re ee we B05 
 polling booth ... its ee bs Ae a fa09 
 what may be used as ... or ea of Bis wo. 304 
 compartments, &c., at ... ors ‘ye pe ans cos oe 
 
 POOR LAW AREA, 
 
 officers of, sums payable to... BAC ate ae reaps 
 POOR LAW UNION, 
 meaning of ___... vay ocr se ace et Fey 
 See UNION. 
 POPULATION, 
 of any area, difficulties as to determining... Baers 
 differences as to which administrative county dontains faye: 
 population, how determined Sp eeeOL 
 
 electoral division of county to be arranged According [0c ot 
 POST OFFICE, 
 
 officers of ye aa = A: ye: aS fee 
 penalties... Bag re ye AL Br ihe ... 274 
 oo 7 SS a Pee Pm AAP econ cat EO 
 meaning of te See e ¥e. ... 164 
 
 duties and Patintien sa meaning yo ys oes ay sap G4 
 
Index, 
 
 PRACTICES: PAGE 
 See CorRruPT PRACTICES ; ILLEGAL PRACTICES. 
 PRECEPT, 
 by clerks of peace as to county electors ae ao wie 386 
 for contributions ee a wel 76 
 for county contributions, hee tf may ‘inelnde oA .. 114 
 to sheriffs of London and Middlesex .. hs sth ... 156 
 PRESCRIBED, 
 meaning of “ti ise Yes cs gh ‘os ... 254 
 PRESCRIPTION, 
 main roads repairable by a ite sae ce ane LEO 
 PRESENTMENT, ; 
 by grand jury ... oe vs ae Ry ... 140 
 powers, &c., exercised after “ee ee ty ve ... 140 
 PRESIDING OFFICER, 
 at elections Ye: oe. bed tes aN ve Pees] 
 duties of : ane ae ... 363, et seq. 
 at contested election of! councillors - ae: he ... 245 
 may put certain questions to voters ... e aes .. 245 
 at polling station ae oe ies es se Baga 
 to keep order in station ecw ose 1 f) tc) 
 powers of nae = ses pie = sie «. 305 
 when to administer AR Se me ad ... 9855, 365 
 liability of “h ap Hr ee ee Be 4 ... 356 
 when voter incapacitated ae Hs ah wel ... 364 
 PRISO NG 5: . oe sie a ... 278, 279 
 Acts saving for . ues si . 290 
 authority, powers of, as to. reformabory ‘and industrial 
 schools ne oy ee te | 
 prisoners committed fe tal te quartet sessions ad 165 
 lists of prisoners in county of London BY ae LTD 
 in county of London, visiting committee of... ae, vs» LBS 
 PRIVY COUNCIL, 
 saving for existing bye-laws, orders, and regulations bee LOG 
 new marie of borough ne = fe 96, 97 
 what powers may be ‘transferred to cot conn 17, 154 
 Local Government Board may transfer certain powers of, to 
 county council << rt ae a = eed Nhs 
 PROBATE, ! 
 probate duty grant... ed He ee ... 654,194 
 how applied ee A aA ae - os. 00 
 
 distribution of ... sak ae ae ce 37, 53 
 
Indew. 
 
 PROBATE—continued. PAGE 
 whatis ... cae preaeta & 
 duties, temporary provision as ‘to grant from Exchequer Sno o 
 meaning of... <a - ae 37, 192, 193 
 proceeds, when probate duty ¢ Lav: eas : oy ey 
 portion of proceeds paid to Local Taxation Account 36, 37 
 PROCEEDINGS, 
 of borough council ... Be <7 4 Perel, 220 
 county council ... ‘ ...  1A4l, et seg. 220 
 regulation of, by standing orders fe ee ve 141 
 not to apply to county borough wea vie wee LOL 
 at election of county council ... ree Bis Rael LM 
 of committee of county council Lie A “ey ... 144 
 county council committee to report ... side te ». 145 
 of provisional council ... oe aes nae af eee ddd 
 criminal, costs of oy eae ree es a L12 
 legal on ane ie . 272, et seq. 
 commenced before, and carried 0 on n after appointed day 
 176, 177 
 amendment of ... oa ote 4 mee 
 when county council is to be subentated vee ee Soy aly 
 legal, county council to take, in guarding interest of county 
 30, 31 
 on part of Crown ... er des Shes ou 
 pending asto Crown ... Ly “i Le 
 in counties of London and Middlesex ar ites eeeou 
 against justices, police officers, &c., costs of ... asc Lao 
 summoning for fines and offences... ane are beh Pye 
 information, when to be laid ... ae as ee Shey yp: 
 pending, saving for... wae ie ate G 
 in levying and collecting rates, &c., at appointed ave 
 procedure as to election petition, re ee ee eek | Os 20S 
 in penal actions against corporate officers we aa 
 under Rivers Pollution Prevention Act, 1875, how under- 
 taken We st a ate ace Fe pl 
 costs of ... es ae tee ae sed Bee 
 of standing joint committees ... ane Si vee see kee 
 
 See also SUMMARY PROCEEDINGS. 
 
 PROCESS ... Pee tr Let ee a a a LOG 
 
 in county of London ... TE ar B: wat eae!) 
 
 scheme or order may deal with ive os es #2 102 
 PROCLAMATION, 
 
 what is ... ve ae ce re ace ae ... 308 
 PROPERTY ee aL ita lag 
 
 adjustinent of, Helonaine to boroughs ‘and counties «-» 06 
 
Index. 
 
 PROPERTY—continued. PAGE 
 agreements as to adjustment of ve on se . 105 
 joint use of oer “Ae te . 105 
 adjustment of relations between county and ‘borough, as to 
 
 54— 56 
 
 corporate gas tee oe es eke iy AR ae eo 
 alienation of, &c. ... bie in ae He 207122 
 misapplication of a ms 271, 272 
 rules as to qualification of burgess on 1 sLOCeastaee &e, 229, 230 
 of a charity, saving for eo er ous ee iygd haa 
 what, transferred to county council ... git or eno 
 county, transfer of ... ae 583 dss see ... 108 
 of justices of Lancashire oe sie ihe a er ey 
 transfer of, to London county... is re a 75, 76 
 in the city of London, appeal as to ... nk sibs aes OL 
 meaning of ... a ... 164 
 occupation of, when qualification of county coungils suck Lae 
 person occupying within borough ... “by: ve ae | 
 of smaller quarter sessions borough ... “ke Bs Free ci) 
 scheme or order may deal with aaa Bs ey iy LOZ 
 of roads boards in South Wales — * sige OO 
 injured, stolen, &c., by rioters, how compensated for eat EY 
 
 PROSECUTION, 
 of certain offences fe oe a oa ay oo 272 
 limitation ey ov (eR OQTe 
 in city of London, when paid out of county finda ey (ke 
 
 for offences under Municipal Election (Corrupt Practices) 
 
 b Ne Soe av uss are s, 5 ... 825, 326 
 of persons guilty of illegal, &c., practices at elections ... 322 
 costs of ... a ae oe ea A ode ... 164 
 
 PROVISIONAL ORDER, 
 of Local Government Board, when required for borrowing by 
 
 county council hy fe a die ey eroet LG 
 alteration of boundaries 5 Sy ous eee ooo ©6295 
 to be confirmed by Parliament Spe sub pe oeaneaath 
 amalgamation of two county boroughs oa is “30, SOL 
 boroughs and urban sanitary district in same area ... aoe 
 by Local Government Board, provisions as to ee . 153 
 confirmed by Parliament ec “ye eae 93, 116 
 transferring powers, &c., to county council, to be confirmed! 
 
 by Parliament aie 18 
 confirmed by Parliament under section 10, a a public general 
 
 ACTH ws. aoe oe che eae 
 when refers to powers of EST Aes or more ¢ counties me! RRB 
 
 as to Rivers Pollution Prevention Act, 1876 io eg aa 
 
Index. 
 
 PROVISIONAL ORDER—continued. ) PAGE 
 when to be made by Local Government Board, as to trans- 
 ferring powers, &c., under a local Act, to county council 12 
 
 Scilly Islands ... wee Be +r rae ee aie att) 
 confirmation of ius waa +5 ep ast we OH 
 PUBLICATION, 
 of uncontested election aa see “ Ges we» 244 
 PUBLIC BODY, 
 when an authority He ie es Ae re .. 141 
 PUBLIC ENTERTAINMENT, . 
 house kept for, when deemed disorderly ... TE ot ae 
 PUBLIC GENERAL ACT, 
 when provisional order becomes sie ss a elo 
 PUBLIC HEALTH, : 
 Public Health Na not properly enforced ... a . 84 
 powers, &c., of Local Government Board may he trans- 
 ferred fe vounty council a an vie beeen Ks 
 PURCHASE, 
 of bridge by county council ... mae mi . 15 
 of land, &c. ee me a: 110, 213 
 land, &c., when county eouncil may borrow TOD s Ss, Wells 
 of land for improvement, &c., of highway . at nee 21 
 of shire halls, &c. me fe ae. mas ri me G 
 PURPOSES, 
 of Local Government Act... Age Ne 53, 60, et seq. 
 See also GENERAL County Purposres ; SPECIAL CouNTY 
 PURPOSES. 
 QUALIFICATION, 
 aldermen oes Seis oe: ott: wee eben hat! 
 saving for +43 ie ak .-. 289 
 of barrister parntniad election eatiee te oe ... 259 
 of borough auditors... Mp ... 223 
 
 rules as to qualification of burgess on n aitccession, &e. 229, 230 
 definition of ten pounds eer qualification 203, 204, 388 
 
 of burgess or < ged ...  202—210, 376 
 chairman of county sand Fe ee ate nee Pe PL 
 of chairman of London quarter sessions’... “fe ae 
 of deputy chairman of London County Council... et 
 of common serjeant ... eae Gee ah Mtn See UE 
 of coroner aoe th ee erst FS 4. 
 of person elected to corporate office sre fie ed ... 232 
 of councillor of borough am of ee 211, 212, 241 
 
 2 L 
 
Index. 
 
 QUALIFICATION —continued. PAGE 
 of councillor of county... cis) | ge ... 2, 13, 14, 126, 241 
 London county councillor... i se ay: paleo 
 of electors of county councillors Sek 4 fig Wei 3 
 electors in county of London ... a8 in se .. 188 
 judge of the City of London Court ... oe 2 te see 02 
 of jurors in county and city of London cae ae e166 
 justice of peace ... i ee 7 ep ay “oa ep! 
 WAVOr i +e Be 2 Hon ine nes 2G 
 of medical eiticer® ‘ wes OB, 34, 42 
 
 when Local Government Board may prescribe hoo 
 medical officer in county of London ... ... 155 
 a sas of part of house... bd 1 AY ... 228 
 of voters.. nee pa ane seq 106 
 of women as burgesses nd county electors ss ah. ... 248 
 
 QUARTER SESSIONS... oie 3H vis | 1 ewer peedeeBO 
 accommodation of ... Ae vi <? ae OD 
 appeal from conviction of court of summary jurisdiction eee ye] 
 area of ... ose oa i ang aa) ot L568 
 
 when an authority... aL aS ... 140 
 court of, when a meeting of authority an ala . 140 
 saving for existing bye-laws, orders, &. .... eu . 196 
 administrative and financial business of, to be transferred to 
 county council 2 oti ee | 
 what business of, transferred to ovis eounitil rf in 4 
 business transferred, construction of Acts relating to om Leg 
 reserved to.. = dbs Fr ee vy 15, 16 
 not tonafecred xr aes cae Ae Sa ge | 
 chairman of, to make certain applications she oi ot iE 
 chairman, salary of ... hae hae nes Ars reas Lats 
 clerk of peace, salary of 455 ote aay eae ... 146 
 costs of, what it includes at; ... 164 
 
 costs of, when borough council to contribhte ‘towards jew, 56 
 costs ordered to be paid by... re are eC ees 
 costs in criminal proceedings ... = ace eee Gon LAD 
 costs to be payable out of county fund i eee is, 112 
 Contagious Diseases (Animals) Acts, executive and sub- 
 
 phuumater: under ..., Bev +" ity ve nix 14S 
 conveyance of land in name of at is “es i: el 
 debts, &c., after appointed day i ‘a ms eee LOS: 
 court, division of judicial business ... i eA ... 146 
 second court of .. rs bs vst ie ... 146 
 when to determine electoral diyvimionen site “se Soe, ees 
 of franchise or liberty, provisions as to an _ tae wot 
 interpretation of oe : eg 46 2GE 
 
 court of, joint committee, when to be appointed eh ... 143 
 
Index. 
 
 QUARTER SESSIONS —continued. PAGE 
 court of, appointment of members of... ...  ... 148,144 
 tenure of office of . 144 
 
 delegation of powers to .. 143 
 
 not to have power to make rate or borrow money . 148 
 
 jurors, summoning of . vol 
 meeting of, after appointed day eid 
 
 to make aw necessary arrangements with county council to 
 
 carry Local Government Act into effect 
 provisional council, arrangements with re 
 clerk of peace to be remunerated for extra services in 
 
 wits 
 
 aya! 
 
 bringing Act into operation... AY 
 what officers are to become officers of county council . 187 
 officers transferred to county council... ean Log 
 tenure of office oO 
 removal of ... ... 188 
 salary of ... So . 188 
 pauper lunatics, jurisdiction as s to 01 
 
 pauper lunatic asylum, when certain things done by to have 
 
 effect as if done by county council... lis 
 jurisdiction as to ... ee sin . 151 
 contract with quarter sessions horough as ‘to . 151 
 
 police, powers under 19 & 20 Vict. c. 69, s. 7, how to be 
 
 exercised 16 
 standing joint committee of, with te council to ¢ exercise 
 powers, &c., as to county police : 16 
 powers, &c., of as to county police to ate in vend attach, to 
 county poche ; EOE) isa ke 
 property of _... es 8 ... 160,164 
 transfer of property and Viabilities . hs «1. 108 
 existing records of court of .s« 108 
 records and documents of county . 146 
 returning officer to receive advances for purposes “of elec- 
 tion ... . 169 
 when standing sont committee substituted for, as to ‘fees and 
 salaries of justices’ clerks ... 149 
 scheme or order may deal with co LOS 
 to wind up business of county Lie 
 of borough, when powers, &c., of, “transferred to ‘county 
 beancit ¢ ec 68 
 grant of court of, to borough’. x 69 
 court of, when may be granted to combined borough 97 
 Cinque Ports... rte .. 287, 288 
 smaller quarter sessions 3 borough, revocation of grant of ... 71 
 of Cambridge, what business of fraustarred. 85 
 Kent, Middlesex, and Surrey, Jesse of 81 
 holding of court... aia rer eee meet POL 
 
 21 2 
 
Indea. 
 
 QUARTER SESSIONS—continued. PAGE 
 in Lancashire... : As aut ie 86 
 
 of city of London, powers, &e., of st ote ee 76, 77 
 
 of county of London, grant of.. vos) GS md 
 jurisdictionof ... a ro te af see 74 
 
 of London, chairman of ere sak iseee eas 184 
 arrangements as to appointment Pe: es <i ro 
 
 salary.of ... oe 9 i i: ea ... 184 
 deputy chairman of... ... oe is vot tao, 184 
 London county, constitution of court on ee property 
 _ appeals from city of London 
 
 to take place of general assessment sessions ... POL 
 matter, civil or Steal arising before appointed day 182, 
 
 183 
 
 records and documents of... on re Wee . 148 
 county of London fs ns . 182 
 when held before scheme respecting, comes into effect 181, 
 
 182 
 
 saving for ... Al ue tne Ws ee eOL 
 regulation as to holding eae Lt ae eh LTO 
 courts of, where held ee es ons aM sero eu 
 
 before whom court to be held ... ay ae one OU) 
 of London and Middlesex ans oe a J pee Lots 
 
 Middlesex, chairman of i vss a 1: eal(G 
 in Middlesex, repeal as to... oe aweeniod 
 coroners of Middlesex, Surrey, andl Kania as to compen- 
 sation ... oy ine re ... 180 
 of Northampton, what business ‘transferred |. ous Pots! 
 of Suffolk, what business transferred... tas) eee O08 
 of Sussex, what business transferred ... Se Ag bi 80 
 QUORUM, 
 of county council iy. are a eb den dua, 128 
 committee of county council ... i we 145 
 joint committee for management of Manchester Assize 
 Courts, -&e, . ... ae oa Ag rT én ey: 
 QUO WARRANTO, 
 ‘information ... *, a ee <2 e.. 251, 252 
 when information will a) Hee ae Bs ». 265, 266 
 information, limitation as to ... ai aa a> sO endo 
 
 RACECOURSES LICENSING ACT, 
 power to grant licenses under, transferred to county council 7 
 
 RATE.. see aioe ... 124, 279 
 rating appeals to quarter Sessions or justices. ve ees 15, 16 
 
Index. 
 
 RATE—continued. PAGE 
 borough, when means county rate... sao it een ... 208 
 rating for burgess qualification ase ie ..- 229, 230 
 payment of, by Aahage for voting qualification 208, 208, 209 
 county, how made, &c.. ms ese oes san oO 
 
 preparation and revision of basis or standard TOD Pert tec 
 as to maintenance of roads #4 “4 en elo 
 extension of area of borough and thaintenarice of 
 roads... ive ae 20, 21 
 making, &c., of transfer to county council eee ee 
 road not to Be levied in South Wales ... ae (pees 
 when contributions to be made in respect of lunatic 
 asylums ... deg ne ane vos . 152 
 franchise merged i in county eae “re ie oie 80 
 liberty merged in county see os a f Pee Os 
 standard or basis for ae Me i . 163 
 expenses of Local Government Act, to be pee out Of. Eb 
 costs of prosecutions in city of eden. ive Se 
 when included in term contributions ... O55 - 59 
 transfer to county council of powers relating to, not to 
 apply to county borough _.. “s OZ 
 current, at teases, day, how levied, ppllecied: aaa en- 
 forced . he aa “ae as ter ate 176 
 hundred .. ree ae O27 
 making, &e., of, sectigees| to ike council . Cn aA 
 special, in Tempashire nie: ae RAY ac a rae OG 
 in Lancashire, exception as to... ae te mi bee Mois 
 local, grants in aid of ... rr: ais oa Ae bee OY 
 occupier claiming to be rated ... ie ee ... 228, 229 
 corrupt payment of ... = ate an fg .. 334 
 
 metropolitan police... BA So Ee ae 44, 45 
 police *... me aff “ne we ae “Te LO 
 
 how made ... 6 
 compensation under Riot (Damages) Act, 1886, “paid out 
 Or; as aes eh 
 making, &e., of, transferred to county council .. ie. au 
 poor ess 5 6 193, 203, 208 
 power to make, hot to te delegated a oe £e ... 143 
 retrospective... can fee wee hae) UU 
 exemption, scientific societies from ace oes eee 11, 12 
 watching, paving, or lighting... es ay 408 ».. 290 
 
 RATEABLE VALUE... _—_ 49, 60, 82, 163, 193, 194, 210, 211 
 of county and county borough, how ascertained... Jk OS 
 annual value of rateable property... a a os hLG 
 How determined.;, ss. ess see een ee we Al 
 
Index. 
 RATEPAYERS, PAGE 
 
 consent of, to certain proceedings of county council not 
 
 required bas bt ris sve ote me OL 
 audit of accounts iS : oe oe a Je a WES} 
 inspection of accounts, &c., by... on ong ..< “2B1, 282 
 when may obtain copy of beers oe ie shy . 281 
 when to make representation to Local Government Board € as 
 
 to borrowing by county council ... Wee eee a Bh 
 meeting of, as to alteration of boundaries ... ae Fe. 299 
 expenses of opposing Bills in Parliament... at 30, 31 
 
 RECEIVER FOR METROPOLITAN POLICE DISTRICT, 
 payment to, by county council in respect of pone force 44, 45 
 
 sums payable to A . 49 
 district authority under Riot (Damages) Nie 1886... eve 
 RECOGNIZANCES acu ap axe 258, 266, 271 
 where bail taken by a constable’ fe a ee epee 
 how enforced ... rae bd ee ey oe ae wie 
 duties of clerk of peace.. ay: Soe i Ae ... 274 
 of persons in county of {onion a +: «nen RU LLOe 
 as security for costs in an election petition, form of .. 3043 
 RECORDER, 
 abolition of office of ... ve eae Pea “ay if 
 Cinque Ports... ae nt ts ig ae 201 aoe 
 city of London, saving for... ye ial ih eo 
 compensation, when entitled to she = sds 
 when to appoint member of visiting committee of lunatic 
 asylum a. Ae ‘i ae he 2 inp RES 
 form of declaration by... + sae ee uke ere | 
 RECORDS, 
 of boroughs ... e mS oy aa et Rage shy 
 of counties, custody of... ue ee ani oe: 4.046 
 of court of quarter sessions... eae i “ae eh OS 
 custody of ass x kaa wea) LOBy 209 
 of Lancashire, in whose custody. to He kept .. As ... 148 
 in county of London ... ok a he Ye 
 
 county of London, in whose custody £6 be Kept at Bo Et 
 existing, of county of Suffolk, in whose custody to be kept 148 
 county of Surrey, what records to be kept at Newington ... 187 
 existing, of county of Sussex, in whose custody to be kept 148 
 
 scheme or order may deal with aos br ‘ie 1) See 
 REFORMATORY SCHOOL, | 
 transfer of maintenance, &c., to county council .... Me eey | 
 reformatory and industrial schools ... 4S Ay Cae 
 
 in smaller quarter sessions boroughs ... ta 69, 70 
 
 ' 
 
Index. 
 
 PAGE 
 REGISTER . eee ae: ais “8 ip ade fag LOZ 
 of ee +5 ves 92, 135, 175 
 
 duties of clerk of peace as s to, at first election ... 166, 167 
 when not properly made up... ome ae ... 250 
 
 defects in, how remedied... ot: ee ot Dia 
 of county electors, when to be completed... ue . 238 
 printing and sale of ine + rf 239, 240 
 county and division registers of eounty electors at first 
 election iy ae ies 5 yy 
 for county of Tendon at first election ie ee w+- 168 
 division register, what is ge ot ah 245, 328, 373 
 of parliamentary electors ve Cae SNgaest eae 
 of voters... a ae he zy — ... 166,355 
 whatis ... Fas ae aes a a polo 
 difficulties as to... ae eat af aes ... 174 
 how made out and framed yt LE ere ... 238 
 marked, when leave to inspect printed ... seh ey OlU 
 REGISTRAR, 
 of births and deaths... oe ... 158,231 
 payments by county council a ‘guardians in place of local 
 grant in aid of remuneration of ... - fer w 42 
 of borough civil court . = as -. 282 
 
 of county court, saxation of returniig officer's S ‘accounts ... 135 
 
 REGISTRATION, 
 of charitable gifts by county council... ent t 
 of electors tee “i . 137, 138, 376, 377 
 when anything to do respecting to come 3 into effect ... 176 
 of land in Middlesex, saving for in e. rp . 159 
 
 matters, under whose direction clerk of peace to attend ton . 146 
 of parliamentary voters, provisions as to not to apply to 
 borough council * 
 
 costs, &c., of vee eis Py pie ote eed 
 of rules of scientific societies ... 7 ee eee 
 of voters, powers of sheriff, clerk of pene, and county council 
 as tO ... re aie See UL 
 expenses, &6., in ponnection ihe Ane ae Gacll 
 REGULATIONS, 
 as to bicycles, tricycles, and velocipedes ... 149,150 
 Regulation of Railways Act, penalties under Acs a. 274 
 as to issue of county stock ... see WeeLLo 
 of Treasury as to duties on local feation licenses Bt 34, 35 
 saving for existing ae oc We evs see pe thie 
 
 See also ByE-LAws ; RULES: 
 
Index. 
 
 RELIEF, PAGE 
 INGOOT Aten.) onl taceh tay ve .. 100 
 outdoor ... re ‘, . 100 
 union or parochial, by burgess! 203, 209 
 See also PAUPER. 
 
 RELIEVING OFFICERS, 
 expenses, &c., of, in connection with registration of voters... 10 
 
 RELIGION, MINISTER OF. 
 
 See MINISTER oF RELIGION. 
 
 REMOVAL, 
 
 of clerk of peace ; . 146 
 
 of Lincolnshire or Vorksbire . 148 
 
 of Suffolk or Surrey . 147 
 
 of justice of peace . 184 
 
 county of London.. 183, 184 
 
 of coroner, proviso as oe in certain cases 14 
 
 of justices’ clerks 149 
 
 of officers of county council i. 188 
 when consent of Secretary of State or “Load Govern- 
 
 ment Board necessary to ye aoe ey ... 188 
 
 of pauper lunatic oa ve Ase ste dee poet 151 
 
 REMUNERATION, 
 arbitrator 107 
 borough auditors : 223 
 of registrar of births and deaths 42 
 
 of commissioners under Local Government "AE 
 
 103, 104 
 
 of commissioners on an election petition 268, 269 
 of commissioners inquiring as to alteration of wards . 227 
 of coroner 13 
 
 of clerk of peace in respect of services in “bringing Local 
 
 Government Act into operation Ben Ye 
 interim, of clerk of peace : oh RN ip 
 of clerk of peace of Suffolk or Sussex. se eas sees 
 of chairman of quarter sessions : ... 165 
 of deputy chairman of London County Council . 155 
 of medical officer in county of London pee oh 
 of officers transferred to county council . 188 
 of officers of poor law union «aes 
 of revising barrister - ‘ ose . 384 
 of town clerk ... ay +. see ase sea ule 
 scheme or order may deal aah ree ae mes selva 
 of teachers in poor law schools a wee bop os 41 
 of public vaccinator ... rie nee eas eae oo. 41 
 See also Fnus ; SALARY. 
 
 RENTCHARGE, 
 tithe, saving for se a a rea roo! LaLeagc hue 
 
Index. 
 
 REPAIR, PAGE 
 bridge out of ... mes aie ae 18 18019141, 142 
 of public footpath oe Hee +e ae oes ar ao 
 
 of highway not main road __.. +h ry aa tee 2G 
 of main roads in county borough _... ee eel oon ul 
 of main road and bridges ad ee on wee 18,19 
 of main road by county council ae AS ite eed 
 by district council KS ie a aes 22, 23 
 by urban authority Her wy a ee 
 main road undertaken by district council not in proper 
 repair .. see eee ass cee me a Sr ett 
 notice : as to.. ae i +3 eae de Se 
 main road, saving tie ois Br ae . 160 
 
 road to be put into proper repair before declared main roe 25 
 
 REPEAL, 
 BhActs ~ are A al salty 41, 45 
 Coroners Act, 1887, ss. aa 14, pach: 1. tee a wa 14 
 enactments inconsistent with Local Be rere Act 197,198 — 
 enactments relating to deputy-assistant judge of Middlesex 
 
 quarter sessions Se see i ag ea ... 184 
 enactments unrepealed... . ... ay ug ... 285, 286 
 short titles of Acts partly repealed ... . ts ... 286 
 saving for enactments repealed oe as bs -10 290 
 
 REPORT, | 
 medical officer to county council oe ae te 34, 42 
 failure of medical officer to send report to county council... 40 
 RESPONDENT, 
 to an election petition .. oe tan ... 256, 257 
 
 provisions as to service on P respondent of petition, notices, &c. 259 
 when two or more candidates may be made respondents to 
 
 the same petition ... a sie ane ys ... 259 
 trial of election petition a oe ee ... 260, 262 
 costs on election petition se re site “Fe .. 265 
 resignation or disqualification uf _... aes aay, « 2GL, 262 
 expenses of election court... San fr as ... 268 
 withdrawal and substitution of on ae to ... 265 
 in mandamus for election to corporate office... on sepitig Os 270 
 RETIREMENT, 
 of county alderman ... oe are 5 “a mp 3%!) 
 of county councillors ... abe ne aes ge 
 of county councillors every third oa ves ot etek poe 
 resignation of person elected to corporate office ... wee 232 
 RETROSPECTIVE, 
 county contribution, when made _... he cpa WER Fs 
 
 rates, illegal a Pee sas aa patedyl ais eee 
 
Index. 
 
 RETURNING OFFICER, PAGE 
 Acts relating to... is if vn ae ws) SEB EIZE 
 advances to tee n ... 135 
 county councillor, when quarter sessions to appoint ma LOT 
 in borough fe - ne Om! ay ote elo 
 
 powers and duties of ve or a 53 Pot Bs 
 county, when appointed — ies Be: ay ... 242 
 ballot boxes, charge for storing <7 oe in ... 134 
 decision on ballot paper ue . 339 
 duties of... af ve A 166, 167, 342, 355, 362, ‘at seq. 
 
 duty as to when person elected to more tiie one elestoeal 
 division Ps ine ad Bede Wy fs) 
 duties as to election in case of ahr ‘Be poe ne ... 249 
 county, duties as to election in borough .... Ea i426 
 when to receive register of electors from clerk of peace ... 167 
 when councillor to make application to court ay. ee 
 may appoint deputy ... * ary 8b 5) 
 when to divide electoral division into polling districts ionk 00 
 when borough is divided into wards .. ye ‘is ... 242 
 not divided into wards... yes fas a wo. 242 
 when to appoint ae bee des is = . 242 
 costs, &c., of ... ~ ae Ee ie 232 130, 132 
 eration of .. : sn sed, 134 
 election of councillor i in more than one 9 division oa ... 249 
 election of councillor ... AY oe ag ... 125, 242 
 for entire county ... 125, 242 
 county, to prepare and sign notice of election of councillors 243 
 election (first) county councillors, duties as to fed . 166 
 when to fix day of ee bak on “ 166 
 notice of ... Jk ye oa a ae ... 166 
 costes Of) 7.2.5 e vet ... 169 
 election caused by person unseated on n petition in ee yi) 
 to fill casual vacancies... . 249 
 
 when to hold election to fill casual rue i fist election! 173 
 none able to act at first election of county council, defect, 
 
 how remedied he es ih ry ie .. 174 
 declaration of persons elected .. At a vf ay | 
 liability of ee a re ve by te ... 306 
 in county of London ... ee a 2 te ... 168 
 
 powers and duties of _... ay Be “a2 ... 168 
 ballot boxes, &c., atelection ... rh . 168 
 county of London, county and division registers to be anit 
 
 up by .. nee aos (4 JAS 
 
 to oad names of persons elected to ‘clerk of Metropolitan 
 Board of Works... at a as ee . 168 
 return of names of persons elected... ; ee rey 
 
 to send to clerk of council names of Sere elected ... 167 
 
Index. 
 
 RETURNING OFFICER—continued. PAGE 
 to notify election to county councillor and summon him to 
 first meeting of council _.... a3 . 168 
 
 provisional koaneils to fix time and place of Firat meeting of 168 
 to receive advances from quarter sessions for purposes of 
 
 election ty ... 169 
 - London, to receive advances ‘from Metropolitan Board of 
 
 Works for purposes of election... Sa . 169 
 when mayor to act as, at parliamentary alechinn AO 2 200 
 objections to nomination papers as pe ire mee BAe 
 where heard nie ; ave Pe ASO ad, 
 where to hear objections to nepanttion papers bay ... 130 
 offences in relation to elections, &c. ... ay af ea ser: 
 period between nomination and election, to fix... ays 
 notice of polling stations, &c. ... poe ae sus Re 4) 
 duties as to polling stations ... me weet Ale? ia 299 
 powers of an? ae sae ned rea lad 
 may exercise powers of sheriff... eae ae ms Pes ao 
 
 when respondent to an election petition ... 256, 257, 266 
 sheriff tobe _.... er ats ae mn ve 167, 242 
 
 when disqualified .. ae : a * “rey ley 
 to have certain powers Hi town Rene “an dee palaG 
 casual vacancy in office of councillor .. 1 8 fen 
 when to vote at elections CHP eee oe, eee . 299 
 duties at counting of votes... fs an 131, 351—357 
 equality of votes at contested élection of councillor... 244, 245 
 dea &c., of, in connection with registration of voters... 10 
 of ward . vat i a ie uy ... 229 
 RETURNING cts DEPUTY, 
 appointment of .. Be rit 3 ee seed 
 See RETURNING OFFICER. 
 RETURNS, 
 from county council required by Parliament ie ... 149 
 respecting election expenses ay eee so ... 315, 316 
 failure to make... fee tee be a a +#fOlG 
 by whom to be kept ... a Fa ake nee ah NE: 
 inspection of ... oe at ee vs pS vial 
 when to be destroyed . abr ag 
 not to be made to clerk rae Cros in Chancery re «.. 299 
 REVISING BARRISTER dee re ve aed ... 240 
 appeal from decision of “fy ace a a ... 239 
 statement of, for purpose of appeal ... ne Ane aaboo 
 appointment of .. , a oe ses as Be dis (1 
 court, where to be held a ar ee aC mre dk 
 _ to revise lists of burgesses... af nee eae a0 
 
 duties as to revising ‘parish burgess lists eee ... 286, 237 
 
Index. 
 
 REVISING BARRISTER—continued. PAGE 
 in Middlesex and Surrey isp Fu oe ay ... 136 
 remuneration of... ae es as iF ies} 4a 
 
 REVISION, 
 of electoral lists ih se ae wes 1 ... 381 
 of list of voters, courtsfor ... Ae Re ey bY 
 
 provision as to, when not to apply to borough council 62 
 
 REVOCATION, 
 
 of grant of commission of peace ee Fe ae Aa ve 
 
 quarter sessions ... on des Ae reer: f 
 
 of provisional order... ve es ay by .. 154 
 REWARDS, 
 
 ordered to be paid by court ... e aoe a .. 164 
 RIOT, 
 
 damage by; compensation for .. : 6 
 matter arising under Riot (Damage) Act, 1886, atfanded ie 
 by county earn ove Ae wea ve a ae | 
 saving for, in certain cases... 445 fe ona re LDS 
 RIVERS, 
 conservators of, when appointed oe a “me at 
 Rivers Pollution Prevention Act, enforcement of provisions of 29 
 proceedings under.. an one a8 Pe 2230 
 prosecution under... ao eee sy ia Sct 
 costs of, by whom defared Berta fF i “en se uno 
 when joint committee to carry out provisions of sae ROU 
 powers, &c., of Local Government Board may be transferred 
 to Barn: COUNCLINS + aeee 
 River Weaver Navigation, Gheshice county couneil ae 
 empowered to borrow on security of Xr: se is 
 Trust, surplus revenue of she ye see .» 164 
 ROAD, 
 repairable with bridges, vested in county council ... res) 
 being a main road, how maintained ... ons ise 18, 19 
 power to break up eee an os ah =a Ae 
 declared a main road ... are - =< 25, 66 
 ordinary, when not vested in district council ag en 
 maintenance, &c., of, by urban authority... soe sae ieeet 
 in smaller Riri sessions borough, when and how declared 
 main roads... eos ce ae say ve 70, 72 
 turnpike... ve nia ye ik 
 disturnpiked, temporary. provisions as Ri pears in aid of ... 193 
 in Isle of Wight ve ae Hof Ate ote eel 
 in South Waleee aes rae ce at 28, 29 
 
 Sce also Higuway ; MaIn Rowe 
 ROAD AUTHORITY _... ae ea a we ses tk GU 
 
Index. 
 
 ROADS BOARD. PAGE 
 See District RoaDs Boarp. 
 
 ROADSIDE WASTES, 
 county council to assert the right of the public to the use of 19, 21 
 
 when public have no right over ha nas ses eral 
 protection of ... re art abe re ee ey Eras 
 ROLL, 
 burgess roll ar 5 or . 245 
 to be in operation until revision of new burgess roll . . 250 
 when not to be questioned ve re Hs . 235 
 WIATIEY 65,5 A 5 ye ... 236 
 when to come tite operation ra ise a ... 236 
 names, how numbered... are ane or ... 236 
 arrangement of ... at nee “tt ay . 238 
 correction of burgess roll... a ore . 239 
 persons Camere ray voting by corrupt, oo 4 
 practices .. ast oes Urs ie 4 . 317. 
 county electors ... eee “o ay ah Ay ee aoe 
 when to be made up 4 es “de w. 250, 251 
 freeman’s roll, inspection, &c., of ... xe #3 eee | 
 misnomer or Serene description ... oes ... 284, 285 
 what rolls to be used at election of councillor ae oo. 298 
 ward roll oF ds =A xe Sc a we. 245 
 arrangement of ... “ice Rebed hall Se ... 239 
 ROOMS, 
 when county council to provide aca ve SPE reee LOD 
 of justices, transfer of to county council... cae As! 
 committee, at election ... “ee tha crs o-. 304 
 when using certain premises is illegal . a ef Cc OE 
 hearing objection to nomination papers in ... eee Bea 7h 
 counting of votesin ... oe vs Ape ». 131 
 
 public, use of for poll at fieenen ee ate 129, 299, 354 
 ROYAL PREROGATIVE, 
 
 saving for Ae ae Ae. i eee dae enol 
 RULES, 
 when election*not to be invalidated by reason of non-com- 
 pliance with... gy a .. 2538 
 of procedure and jurisdiction Se eitlie eladtion petition 267, 268 
 Municipal Corporations Act, 1882... aa fe . 255 
 as to qualification of burgess in succession, &. ... 298 930 
 
 RURAL AUTHORITY, 
 what powers, &c., of, not to be transferred to county council 17 
 Rivers Pollution Prevention Act, costs of prosecution under, 
 when contributed to by county council ... = on oO 
 meaning of ae oe or tas of aes -.. 163 
 
Index. 
 
 RURAL DISTRICT 9 
 in one county, to be a separate county district 
 lighting of main roads in steuy (hase ae 
 sums paid to funds of ... 
 rural county district, what is . 
 
 RURAL SANITARY AUTHORITY ... 
 what is ... . os 
 
 RURAL SANITARY DISTRICT, 
 electoral division not to overlap 
 
 SALARY, 
 
 of public analyst determined by county council 
 
 of chairman of quarter sessions 
 of clerk of assize 
 
 of clerk of council 
 
 of clerk of justices 
 
 of clerk of peace 
 
 of clerk of petty sessions 
 
 of clerk of special sessions 
 
 of coroner 
 
 PAGE 
 eee eee 135 
 so ae 
 + eG 
 i ee 
 mee. 1 ot: 
 
 8, 162, 163 
 
 Eett 
 
 yy ete 
 
 ie ed 
 
 . 165 
 . 165 * 
 
 rs . 146 
 
 10, 149, 165 
 
 146, 147, 165 
 1 
 
 Perak 
 
 9, 14 
 
 of coroner whose district i is partly within county of London 180 
 of chairman of quarter sessions or stipendiary justice in 
 
 Lancashire 
 
 ae 
 
 of chairman or deputy chairman of London County Council 79 
 
 chairman London county quarter sessions 
 of clerk of London County Council .. 
 asylum managers 
 
 district school managers 
 
 mayor 
 
 of medical offer 
 
 of certain officers 
 
 of officers transferred to county. council 
 
 ... 184 
 
 ... 148 
 
 ss, L569 
 
 .. 159 
 
 . 216 
 
 ; _ 33, 34, 42 
 .. 45 
 
 . 188 
 
 diminution of, of existing officers, a ground for compensation 189 
 of officers of épuimietiouers under Local Government Act 163 
 
 of officers of poor law union ... 
 
 of county surveyor, determined by county council... 
 
 of teacher in poor law school ., 
 
 of county treasurer, determined by county councils 
 
 scheme or order may deal with 
 See also FnES; REMUNERATION. 
 
 SALE, 
 by councils 
 of land . 
 of Food nt Drugs Ace 
 
 48, 159 
 9 
 
 41 
 scceee 
 . 102 
 
 .. 282 
 ee 
 69, 70, 72 
 
Index. 
 
 SALFORD, PAGE 
 hundred of - = ye ie fis wa hd 3 
 
 SANITARY AUTHORITY, 
 drain, sewer, &c., differences as to... ue ade a 
 members of, appointment by university or college te ‘egy ELD. 
 property of ee as ee a be ere .-. 164 
 
 SANITARY PURPOSES, 
 
 area for, a local government area es vad Be w. 93 
 BAVING ... Se 7 a .. 102, 143 
 pending actions, erences lesa &e... oe seek OG, .to0 
 Admiralty Me eth tages cae cree) Tees 200 
 existing bye-laws a ise ase ove e- 189 
 jurisdiction over cathedral precincts ;. ae aes one 201 
 
 charters, local Acts, and orders confirmed by Parliament... 197 
 _ discharge of debts Mee sie Sor a oa 2s, LO0 
 
 MMeE TENS TEN EAL Wnty tei 4 sve) (earls pees gh 202 
 for existing Sree. eae oe LA Ar aoe DOO 
 for creditors ee are As ts 40 sso Old 
 dockyards, barracks, ae a +. 290 
 powers of Commissioners of Inland Revenue and Customs 160 
 for land tax and assessed taxes eee oat ee, Bate 
 for local Acts... nie eh) Loe ee eal cise e-. 290 
 Lord Warden ... si ss ce Se a | 
 Metropolitan Common Poor Fund as 77 wi anLDS 
 metropolitan and city police ... Se ad oF Te LOS 
 liability for main roads ie es be oe ... 160 
 Middlesex land registry te Sa a ae Bd fs!) 
 as to Kent, Middlesex, and Surrey ... ee +P ee LOD 
 military and naval officers... ais oa 46 .-- 290 
 for Prison Acts ... Wee ree ag ae aye Bonar te 
 Royal prerogative ae St soe ae “ve eee A! 
 existing securities aaa ee an ze sie .. 195 
 universities eee ob sald o. 201 
 
 for votes at any parliamenitary ‘clecuighe te ne rhea Hai 
 
 SCHEME _.... De +r eo re eae ne . 197 
 alteration of areas ig hs ae 100—103 
 regulating the bear of courts of quarter sessions in 
 
 London - ie cet ou 
 courts of quarter sessions in county of London 24 ea Lod 
 what matters may deal with ... eee ate a ae 102 
 when to amend local or personal Act 7 #5) . 103 
 Parliament, when laid before . aes ace . 103 
 
 when Local Government Beawt to cause decal inquiry to be 
 made ... 2a yas on a is oe, hiskkOo 
 
Index. 
 
 SCHOOL, PAGE 
 borough council, sums paid by, towards district schools ... 60 
 grant by county council towards officers of district schools 49 
 
 certified by statute, paupers maintained in ... ne Pe age 
 public elementary, fees of pauper children attending .. 42 
 maintenance of pauper children in ... ise ‘ss (ABS, 159 
 paupers maintained in district school... . a sae ae 
 salary of managers of district school ... oe “he ». 159 
 combination of unions or parishes into school district ... 50 
 paupers maintained in separate school one oss ove BO 
 fees of pauper children... ASS ~ ey 23 oan, ae 
 teachers in poor law schools ... 5 = fetgorel 
 public or endowed, child of burgess taught j in He eee 229 
 officer of London School Board ei i: te te OO 
 use of, for poll at election ... Se -- 129, 364 
 what powers, &c., of school board not to be transferred to 
 county wail a ; oa ate Be | 
 
 See REFORMATORY SCHOOLS; inpuerErin 
 
 SCIENTIFIC SOCIETIES, 
 
 exemption of from rates nee obs Ge Shmrene! 
 registration of rules of, by county council eh Be Pr mt 
 SCILLY ISLANDS, 
 provisions as to... ro +. yy eee see oo. 90 
 provisional orders as to 5 $5 on ove --- 90 
 county council in “oe ova ma, wei 
 powers, &c., of county council of Cornwall in es aye! 
 SCOTLAND, 
 Local Government Act not to extend to... ee . 166 
 inventory exhibited and recorded in . aia . 19 
 Municipal Elections ee Practices) Act, 1884, not i 
 extend to aut i‘ 3 5c eee Oo 
 SCROTINY ... as we ts vee nee 255, 268, 317 
 when to be made ae sen eae eos te . 255 
 SEAL, . 
 county council to have common a sae Pe oneg hae 
 forgery of . ... = aH ae poe 6b | alee 
 SECRECY, 
 declaration of, under Ballot Act oes a x oa te 
 form, Of ike tes ay sv ore fas wee 3T5 
 SECONDARY, 
 
 of city of London, duties at first election ... ... os. 169 
 
 SECRETARY OF STATE, 
 when an authority ... ae 4S) a" eas ree ca 
 
: Index. 
 
 SECRETARY OF STATE—continued. PAGE 
 meaning of ee : ae eae tO 
 saving for existing bye- Sat orden, &e, th a ed i 
 gertifitate 2 te eae aha one w. 45 
 when consent of, necessary to ‘removal of Eicer of county 
 
 council a - oa sie) 106, 189 
 Local Government Board Tay pranefer certain powers of, to 
 county council bee : Wy ne ell 
 
 what powers, &c., may be franaferred ie county council 17, 154 
 draft order Span ceanS powers, &c., of, to be approved by... 18 
 
 determine number of adios tit: committee ... 52, 53 
 certificate as to efficiency of ahi: ws ; ‘4 49 
 when new visiting committee of prison in county of Tender 
 
 to be appointed Se ae Be sea dea . 183 
 London quarter sessions oe fe eve Pee ehh, 
 joint committee of Manchester assize pene ae 88 
 
 returns, &c., from county councils required by Parlin _ 148 
 
 SECURITY . ay si ate yao elise y 0! 
 for Horrowing by county Couneil eae er 107, 115, 116 
 county fund and revenues of cae council nat Le 
 for costs ... ee Bs sa tae 
 for costs, &c., on presenting an Meleshion Sv sat 20 eos 
 High Court to fix amount... : “as seme 
 here election petition has been substituted. et ... 265 
 officers of borough to give... , beg es: 
 when necessary to continue the levy of any rate fare oe keo 
 River Weaver Navigation... - eee sh “ra Ds: 
 saving for es = ees nfs Bre 1 ee boU 
 
 SESSIONS, 
 costs of, when a general county purpose... oe Fed May: 
 in London, costs of ... 325 ca ne i tee ite: 
 houses... of ef eta lG 
 of the peace of justices be county of bonded 2 Loe 
 jurisdiction of sheriffs of Middlesex, cany and Rene in 
 
 county of London... be a 179 
 See also QUARTER SESSIONS; “Prery Sussrons: iSenoren 
 SESSIONS. 
 
 SETTLEMENT 
 of pauper lunatic a isu of snd ee RS) 
 
 SEWERS, 
 breaking up of roads for purpose of sewerage Ye ae os 
 difference between authorities as to ... oe aan tee 
 in main road, when to vest in county council of Sos lee 
 
 See also COMMISSIONERS OF SEWERS. 
 2m 
 
Index. 
 
 PAGE 
 
 SHERIFF ... 34 ies A$ 4 nee hae mae hs 
 appointment eee 1a: ae ae ere ... 245 
 in borough or city i A aos agi LUE 
 Caactcee Lincoln, Northampton, Suffolk, Sussex, Yorks. 101 
 coroner may not be... 45 te vee rat fa: 
 writ de coronatore eligendo to be direviea tO7e A cre 
 when a candidate at first election of county councils »». 166 
 when deemed sheriff of administrative county di Reet Cis) 
 of county . Ses ae ae tic Re ye LE 
 city:01 loncomes..t see ee 
 city of London, jurisdiction one Bik ay ee 79, 179 
 county of London, jurisdiction of ... hi ce We!) 
 
 of London, when to cease to have jurisdictions in Middlesex 178 
 county of Tendon! to receive certain lists of prisoners, writs, 
 and all records, jury lists from sheriffs of Middlesex, 
 
 Surrey, and Kent ... — ... : ee WE, 
 Lord Chancellor to determine questions as to a: Bes We) 
 of counties of London and Middlesex nae ee raat AO 
 
 counties of Middlesex and London, how nominated and 
 appointed ... Ee ae at os en ee yt 
 
 declaration of ... fee ae - a 4-5 alo 
 of Middlesex, law relating to ... 5 oe Ne Sel ios! 
 appointment of ... ae 44 eas vas <9) 00 
 Kent and Surrey, jurisdiction of sks ay ro tenho 
 proviso as to sessions of the peace... Hf ans A YE 
 outgoing, duties of —... “i pA les) 
 to be returning officer for first election of county couneilion 
 166, 242 
 when disqualified oe : a . 166 
 when returning officer to hold Slostiea. to fill casual vacancy 
 at first election ms obs re eS Begs 
 returning officer in county of London oss oh rt ite 
 when returning officer to exercise powers of... wee Bre hts) 
 charges of, as returning officer.. at ... 134 
 election caused by person bone unseated on  petitian 23800 
 parliamentary elections, powers of ... iLO 
 authority of, as to parliamentary elections, &e. ‘rem district 
 situate in more than one county ... sc nae ae ty) 
 registration of voters, powers of Pre oe SF das Shae 
 scheme or order may deal with a ote se Bret hi 
 SHERIFF, UNDER, 
 charges of, at elections ... #5 We 5 vvt .. 134 
 of London ie 3 9 oy rr — ... 168 
 SHIRE HALL We ee “ue sa Feit bl 
 
 may be purchased, built, &. ite ve as ais ees" 
 
Index. 
 
 SHIRE HALL—continued. | PAGE 
 transfer of, to county council ... are bie akg Neen URLs: 
 See also HALL. 
 SIGNATURE, 
 forgery of a oon ee ee are oo. 282 
 SINKING FUND ... by ag ae “ry ee t10, Log 
 creation of 4 se mee ay Sey ne ru Lee 
 SITTINGS, 
 adjustment of law as regards, in London and Middlesex ... 156 
 SITUATE, 
 as to main roads, &c., meaning of .., ae oe poms 
 
 SLAUGHTER-HOUSES, 
 
 powers, &c., in metropolis as to licensing of transfer to 
 London County Council Bee mae. t 
 
 SOCIETIES. 
 See Loan Soctety ; Screntrric Society. 
 
 SOKE OF PETERBOROUGH. 
 See PETERBOROUGH ... o. Et bie ie merry 
 
 SOLICITOR, 
 when coroner not toactas... om 214 
 when may represent Director of Public Prosecutions . 324 
 guilty of corrupt practice aa oie +. 338 
 of county to become officer of usm council, Fe oy hey 
 removal of he one Ss Hy ee ee LOG 
 tenure of oftice under eas dottneil:. SE ir 39 LOO 
 salary ... ss ; 3 Ms 7s ee aoe  kOS 
 
 SOUTHAMPTON, COUNTY OF, 
 county council to make certain contribution to Isle of 
 
 Wight Highway Commissioners ... os “4 Stee 
 SOUTH WALES, 
 
 application of Acts to roads in.. aes ote 28, 29 
 
 distribution of probate duty grant, &c., to six - counties 7 Sp 
 
 no county road rate to be levied in ... ep Age ieee 
 
 tolls to cease in... oe foe $y oa a Tees. 
 SPACES, OPEN, 
 
 in metropolis... oe eS un a net meee (O 
 
 SPECIAL, 
 
 case, “sith arbitrator may state 4 = seat LUG 
 
 when election petition may be heard by cee EROUs EOL 
 
 county account, deficiency in . “te: eee eas -.. 114 
 
 meaning of ae — see a: 
 
 county purpose, expenditure, hoy Herenuindd nee ee 114 
 
 2m 2 
 
Index. 
 
 SPECIAL—continued. PAGE 
 
 county purpose, meaning of ... ae . 118 
 
 quarter sessions borough exempt from contribution 7 39 
 
 loan raised for... = ae ee she colle 
 
 precept in respect of oc Ms a ns . 114 
 
 expenses .. es ee e114 
 sessional aatbne for are of Londons provisions betore 
 
 quarter sessions constitute ... : Py cent KOU. 
 
 sessional division of county of onda what 189 Sen » ee 
 
 sessions of county of London ... “iy uve ish Seed | eS 
 
 SPECIALTY DEBT, 
 compensation to existing officer ae ie By woe Loe 
 
 STAGE PLAYS, 
 license of houses or places for public sacar of, by 
 
 county council bys : st BA 2G 8) 
 
 licensing of, may be delegated £6 anstices in petty sessions 50 
 
 STAMPCDUTIES <.. lpi oe sa ota) * AOS AIDS 
 
 penalties recovered in relanon to : si a Perel 
 
 on affidavit included in probate duty... <6 ors Hates 
 
 on inventory exhibited, &c.,in Scotland... a Ride toys 
 
 on account of personal and moveable property... ee ey 
 
 STANDARD 
 
 for county contributions ie ote se ry 41, 60 
 
 rate ;.. aye zine sas one ae is - 163 
 
 appeal as to ii “a ise ive 55. 15, 16 
 
 preparation, &e., of ie7 2 a ine a 
 
 provisions as i not to apply to ait borough reopen ty 
 
 STANDING JOINT COMMITTEE _... ae 143, 149, 172 
 
 acts and proceedings of... nee oe . 221 
 when acts and proceedings need not be submitted to county 
 
 council ais a + a pad ae . 129 
 
 how appointed . Ye de 52, 144 
 
 construction of Acts relating ie insiiees transferred ieee 
 
 of quarter sessions and county council, for what purposes 
 appointed ... aes rat <P eas Fes 51, 53 
 
 business of te ea ve Ss ig vas eee 109 
 powers, &c., of ... a nex + eee Es ... 145 
 chairman of ... Ree hy ee ane ia aR is. 
 
 election of . Ge a: en merce 
 when to appoint clerk of peace” ae Ae ... 146, 184 
 clerk of peace, when to pay salary and fees of eS see eG 
 salaries and fees of justices’ clerks, powers, &c., as to lee 
 
 chief and other constables of police force to become officers 
 of a Sa ay. noel Re ad osae sO eeioe 
 abolition of office of vat oe ss oe Pere ts, 
 
Index. 
 
 STANDING JOINT COMMITTEE—continued. PAGE 
 to exercise and discharge certain functions as to county ae 16 
 to sanction costs of certain legal proceedings sty 112 
 powers as to lands, buildings, CCHUE.. ae a LO 
 when substituted for quarter sessions and local authority ... 146 
 number of members of rhe ihe os. 652 
 provisions as to, not to apply to ste foriegh We seen On 
 franchise and county council, when to be appointed od 
 powers of ... a Perl sss 
 liberty and county council, when to be appointed .. Spel 
 powers of ... ep ae ee re re koe 
 Suffolk, powers as to clerk of oes Af i seh ... 147 
 Sussex, powers as to clerk of peace ... gt os ve 147 
 STANDING ORDERS 
 by council of borough ... or oe Cae vcs one 295 
 of county council ae aa ite bay .. 141, 298 
 STATEMENT, 
 revising barrister for purpose of appeal Ay ine nee bao 
 
 publishing false statement of withdrawal of candidate ... 305 
 STATIONS, POLICE, 
 
 sale of = ae de 7 
 
 transfer of, to county calle ee <<) aay sine ale 
 STIPENDIARY 
 
 justice in Lancashire, salary or pension of ... eee Bree BS 
 
 magistrate in the metropolis ... ay ity ate oes LOD 
 STOCK 1 a5 sep ae: et oe ore scoped 
 
 creation of ose =, of. os ore oes LOPS LAS 
 
 issue of ... ry. oe ene 
 
 issued by Menorolitant Board ie Works ce ae Recut Wis! 
 
 loan raised on ... ve Ses or 4s ve Ph iveee 
 
 See also CouNTY STOCK. 
 STREETS 
 
 in metropolis... vee Mes ves she he ea ie 
 SUBSCRIBERS, 
 
 visitors of lunatic asylum appointed by we oe Pe! 
 SUCCESSION, 
 
 rules as to qualification of burgess on aa we. 228, 229 
 SUFFOLK, 
 
 divisions of, to be separate administrative counties... .. 84 
 
 administrative counties, what business transferred to Shay ON 
 
 clerk of councils, East and West Kee ay Secs ».. 185 
 
 clerk of peace, East and West... fas obs ats - 185 
 
Index. 
 
 SUFFOLK—continued. PAGE 
 clerk of peace, where services to be deemed continuous ... 187 
 joint committee, when to be formed ... x ise sin OO 
 for what purposes an entire county ... ose Bis oaOl 
 records of - pe ne ona ae ... 148 
 transfer of property an liabilities a a sta! LOB IOS 
 
 SUMMARY, 
 court of summary jurisdiction WE 
 
 appeal from conviction re Mo 5 ase we DAD 
 proceeding Sos) ... 124 
 for determining qaesnone a as to faneted oe nOner ee pala 
 
 SUMMONS 
 respecting an election proceeding, how served me Jae aed 
 service of 8 ie ord .. 274, 275 
 writ of, against for praia: Steer Pee si Ais AES 7) 
 
 SUMS 
 payable out of county, police, hundred rates “as co «= 
 
 out of county fund ee er of wa vi) ee 
 out of county stock t 
 
 out of surplus standing at exchequer! Contaminant 
 Account . aa re oe Sh ie 40, 41 
 under award. oe sd ve ee oie . 106 
 capital sum, how treated ste i ce nas seal Oe 
 
 SUPERANNUATION ALLOWANCE... ...  ... ... 165 
 of ofticer of poor law union ... re ne Vo, sa 48 
 of consolidated police ... Mee = pe ose Srp een, 
 
 SURCHARGES _... re oa ay oes sce ws, 
 
 SURPLUS 
 at Exchequer Contribution Account, how disposed of 38—41 
 Exchequer Contribution Account of county borough nis 6 
 division of, at Local Taxation Account “o Pee see. 193 
 on account of county lunatic asylum... sn oan LOE 
 surplus fund of River Weaver Navigation Trust... petit EMS) 
 
 SURREY, . 
 adjustment of property, debts, &c., eitced and county of 
 
 London Roe Je DG 
 apportionment of debts Sroneroe ey hater ueut ae Gon die 
 
 county council ans se = es in 75, 76 
 bridges, sums payable in respect of ... “se vis LOE 
 coroner, whose district is partly within county of ett, 180 
 clerk of peace, what records to be kept at Newington Ae se) 
 
 deemed continuous ay aN eu ihe Wh Fey 
 
Index. 
 
 SURREY —continued. PAGE 
 quarter sessions, held at Newington ... ae as ... 186 
 clerk of peace, when deemed clerk of peace for county of 
 
 London eas st te he vs, LOO 
 jurors, lists of, at appointed day Fy ee ae Bee LIG 
 summoned before appointed day evs ee du L726 
 justice of peace atappointed day... ay. Me eek Loe 
 London Provisional Council, provisions as to ae sib Bees 
 clerk of peace i Af sa Ae ae YB 
 part of, to form part of county ‘ London fog es sox UA 
 transfer of powers, &c., to London ae ge er ee Es 
 revising barrister a ep <r ea sy! 
 portion in metropolis, lists of voters 4 in ae . 169 
 quarter sessions, holding of special and petty sessions in 
 London ape - ae he Ese Ae ree) kel! 
 sessional arrangements ,. MP aa a ee mae EE 
 ' sheriff, jurisdiction ort Sad tee ee eas ep lrg 
 proviso as to sessions of the peace... ely) 
 
 sheriff to transfer, &c., certain prisoners’ lists, writs, jury 
 lists, &c., to sheriff of London county _... bod ... 179 
 
 Lord Chatieellor to determine questions as to owe ep edicht 
 saving as to any enactment, deed, instrument e3. ... 159 
 SURVEYOR 
 of county, appointment of .... ... A a 9, 45 
 appointment of, not regulated by statute ... as Nea it 
 of county, bridge erected under his direction ae Se Me: 
 of highways... x. 26, 162, 163 
 pertifieate of, as to maintenance of roads <i oe 4 AR NS, 
 main road, when to report on to county council ... > Seas 
 report of, as to repair, &c., of main road undertaken by 
 district council me : #22220 
 county, provisions as to, not 6 ole ee oonney porenel eRe 
 to become officer of county council ... hs ss 16%,188 
 tenure of office under county council by es see nlod 
 removal of Ape aoe ay ae ee ae eo 
 salary of .. s “re ine bee Ae vet Ota 
 in South Wales .. iy fe soe ie re aenag 
 SUSSEX, 
 administrative counties, what business transferred to me. oD 
 clerk of councils, East and West... ast a" weep lou 
 peace, Hast and West... : des “ost <pot LOD 
 peace of each county, a separate office ke “ke ... 147 
 one person may hold both ... “ee Ce al ee PREY 
 appointment and removal _... se ae ae eee Ws 
 remuneration of od . a a egy Cy: 
 may also be clerk of general s sessions z ules 
 
 clerk of peace, service when to be deemed continuous eed ES) 
 
Index. 
 SUSSEX—continued. 
 
 divisions of, to be separate administrative counties... 
 
 joint committee, when to be formed .. 
 for what purposes an entire county 
 records of : 
 
 transfer of county property and liabilities 
 
 ALND. 
 land, saving for... 
 assessed, saving for 
 
 TAXATION 
 of costs Wy 
 costs on election petition’ 
 
 PAGE 
 84 
 
 . 85 
 
 . 101 
 ... 148 
 108, 109 
 
 . 279 
 . 279 
 
 Lae Ls 
 . 269 
 
 of costs of returning officer at first election Pal of provi- 
 
 sional council at it meeting 
 costs, &c., of returning officer ... 
 by registrar of county court 
 
 TEACHERS 
 
 in poor law schools, salary of .. 
 
 payments by county council ; in aid of remuneration of 41 
 
 TENDER OF AMENDS, 
 when, may be pleaded to action for damages 
 
 TERMINABLE ANNUITY 
 THEATRES, 
 
 county amis to license 
 
 132, 134, 1€8 
 
 . 168 
 
 . 134 
 
 41 
 
 276, 277 
 
 . 105 
 
 15 
 
 power to license may be delegated ‘to justices i in 1 petty 
 
 sessions 
 
 TIME, 
 how computed ... 
 
 TITHE RENT.CHARGE, 
 
 saving for 
 
 TITHES, 
 
 saving for 
 
 SUM EB de 
 short, Local Government Act ... 
 short, of Acts partly repealed... 
 
 TOLL, 
 payment of, on bridges af oe 
 on Isle of Wight highways to cease ... 
 to cease on roads in South Wales 
 TOWER HAMLETS, 
 Lord-Lieutenant of 
 
 51 
 280, 372 
 J AOE 
 
 . 101 
 
 <cul6G 
 . 286 
 
 15 
 27 
 28 
 
 . 184 
 
Index. 
 
 TOWER OF LONDON, PAGE 
 existing deputy hetttenanté, by the Constable of, saving as to 184 
 justice “Of the peace for liberty of, at appointed day... . 183 
 
 TOWN, 
 pats is. a sn ..73, 74 
 under 10, ,000, power a as s to explosives transferred to county 
 
 council ae ste 73, 74 
 petition by inhabitant ‘householders te pane of charter. of 
 
 incorporation .. + no bap wie bie AEN 
 police, payments fp: in rorvece of pe ; - 46 
 
 not being borough, maintaining separate police forced, when 
 to participate in surplus feeding at Exchequer Contribu- 
 
 tion Account ... on ae “ae Ar 5 38, 39 
 two ancient towns whe ey Sas a #2 FR me he tt, 
 what are °... we pei nary eee ree OF 
 
 See also COUNTY OF Tones 
 
 Bee eUERK ye i ah acy) 189; 187, 913 
 
 actions against ... a se ee ane Bec rachis 
 appointment of .. a we ee a $4 elie a Wf 
 illness or absence ae ei % nes Meee Ws 
 to have custody of charters, iene Peoris Be: oy aD 
 vacancy in office are ee ey eee Wake 
 when deputy may be appointed iy és eae ae eA) 
 to keep voting papers at election of aldermen hy! ... 246 
 to keep packéts of ballot papers sey Ce ... 369 
 of borough, where boroughs have been combined Ae eee a 
 duties as to burgess lists Sn . 237 
 
 when to Relves revised lists of burgesses to lerk of peace 237 
 printing and sale of burgess rolls ra other documents ... 239 
 
 offences in relation to a burgess, &c., lists ... segue 
 duties as to fees taken by clerk of peace i registrar, &c., of 
 civil courts, &c. ae oe er a ae woe 282 
 election of county councillors .. bes ae ae ae gt eA: 
 when to receive nomination papers ee 4 i Pee tp 
 duties as to nomination in elections of councillors ... 296—298 
 delivery of forged nomination paper to ae vee . 253 
 to prepare and. sign notice of election of borough councillors 244 
 election of ernie in more than one ward a -. 250 
 when to publish election petition in borough Sr euEeto 
 withdrawal of election petition oF ... 264 
 to provide accommodation for holding Sleotion court se Od 
 acts done by candidate pending petition against ... Rare yy 
 
 remuneration, expenses, &c., in connection with election court 269 
 duties as to disqualification of electors, &c. ... oe Oh, OLS 
 incapable of acting —... a2 ae i ove ps4] 
 
Index. 
 
 TOWN CLERK—continued. PAGE 
 inspection of correspondence, &c., with Treasury at office of 282, 
 
 283 
 
 duties as to meetings of council ey RY ae ... 294 
 remuneration of... me te er 2l7 
 what returns to make to nest Covernigate Heap key DO 
 
 return and declaration of candidate respecting election 
 expenses it xe 55 a rt ha ey 
 
 what security to give ...° a oi or eels 
 when to be panernted for Perk of pence a ee Peau 
 when clerk of county council to have kindred powers... 126 
 when returning officer to have kindred powers... eat eG 
 registration of electors, &c. ... sr A ae ... 139 
 expenses, &c., as to registration of voters... MS oe 
 duties as to casual vacancies in corporate office... w.. 249 
 in office of mayor ... sy am re * .-. 250 
 TOWN CLERK, DEPUTY, 
 when may be appointed vo re ty ay asapeeee, 
 
 See TowN CLERK. 
 TOWN HALL ene pr Ae ie A cae Jak OS 
 
 notices on eee i a ens ce “es e220) 
 TRADE, 
 
 bye-laws cannot be made in restraint of ...  ... ... 287 
 
 right of free trading in boroughs... Sie cee ol 
 
 penalties e va ae “Fe ... 274 
 
 duties on licenses for pads ers os fe Lad pe he) 
 
 licenses for trade carts in county borough ... wee 60, 61 
 
 TRAMWAY ACTS, 
 powers, &c., of Board of Trade under, may be transferred to 
 
 county council ae i ste a age rie ts 
 TRANSFER, 
 general provisions as to transfer of powers to county council 
 ; —51—54 
 summary proceeding for determining question as to re. i)! 
 TREASURER, 
 borough .. AC a ans ser ade 
 audit and pchheaton of neonate ue “os ... 224 
 inspection of accounts... wis et ee &. and 
 to make up accounts half-yearly... ote “vt wo. 224 
 appointment, &c., of ot aes Fs stl apy th) 
 when incapable . acting... a ae she o. 235 
 COUNLY gaae: ‘ke ess ose ea. Pee éex wae 
 accounts of... oe FF ie ye aye bie a bees 
 
 abstract of Pe age, ee ape a 4 aD 
 
Index. 
 
 TREASURER—continued. PAGE 
 county accounts, inspection of...  ...00 a. 119, 281, 282 
 how made up a Gea ie Sud an wo. 224 
 passing of accounts of ... oe ma dG 
 when to deliver accounts upon oath mith worchers A 
 appointment of .., ae was are eo 
 to become officer of county council Ae ety eee LOL 
 removal of .. o ies +e Rs 188 
 tenure of office under county eotntil ay We . 188 
 salary of ... x, ae . 188 
 certain costs in criminal proceedings, &e.; to be paid be 112 
 power to discharge, vested in county council i fc 6 
 debts, &c., after appointed day ... wee Paar 08, 109 
 when fataehie of acting... i 234, 235 
 provisions as to, not to i to county borough. heey sa 
 when to attend court of quarter sessions | ... 112, 113 
 salary of ... “ee ty Mare ree as 5, 
 must give security... bes “cf fe = wa ple 
 of urban authority oe re sf ae aay 45, 46 
 TREASURY, 
 appeal respecting compensation to existing officer ... 190, 191 
 when consent not required for borrowing at : ove OF 
 contribution in respect of metropolitan poliee force a CAO 
 power to restore forfeiture... 36 
 to regulate sums paid into Local Taxation Account by Inland 
 Revenue Commissioners... $s ba 34—36 
 when Local Government Board to be substituted for eee 
 sums payable to.. che ee 
 when may issue out of Consolidated ‘Bund to meet require- 
 ments of Local Taxation Account . a see LOD 
 nature of application to, and correspondence with, ie: 
 282, 283 
 appointment of officers of commissioners under Local 
 Government Act... ate ve <4e Ae beealUo 
 meaning of ae ae oe str iis bss - 162 
 TREATING, 
 definition of ... dons on ys ».. 264, 336 
 a ground for an election petition are ate Pe ... 255 
 a corrupt practice oe a oe ar ree ei ay Ok 
 avoidance of an election for ... vee ie re ... 255 
 TRIAL, 
 election petition... wae ve ... 260—262, 303, 312, 322 
 Director of Public Prosecutions to attend ce Be gp ee 
 form of notice Poe zee be and aie ... 346 
 
 postponement of ve oe ae aa bie .--, 262 
 
Index. 
 
 TRIAL—continued. PAGE 
 shorthand writer to take down evidence at trial of an 
 election petition a ne a iy s¥ | 
 election petition, witnesses at trial éf | A ae ... 263 
 prisoners committed for trial from quarter sessions borough 
 164, 165 
 in county of London 3 oe es noe. Ate 
 TRICYCLE, , 
 bye-laws as to ... oa a Ss oe ov VRE B21 
 conviction under oh vs ots ae eas iy D0 
 lighting of cee ¥ rs a oes ... 150 
 mhen eka, any cart, carriage, &e. axe ite reo150 
 furious driving of a> es a) ved ote FLO 
 TRUST, 
 property held in for corporation, misapplication of... Ree ye 
 River Weaver Navigation... tia oe ona rele 
 turnpike trust ... ane Pye ee ee ans oe 
 
 TURNPIKE ROAD, 
 
 what is ... eat ak An oe eS ee 20 
 
 when deemed a main sal py fs a a ek 
 
 when not deemed main road ... a sfc 7 ~e NZO 
 
 effect of expiration of turnpike trust ... ee a erie" 
 UNDERTAKING 
 
 by district council as to repairs, &c., of main roads 22, 23 
 
 as to roads, &c., differences arising, how determined 25, 26 
 
 UNDUE INFLUENCE, 
 
 definition fe “si a 250, 255, 337 
 a ground for an lection petition Ss) ot vas) ey eRe 
 a corrupt practice oes om — aoa ie oon MUL 
 
 UNIONS POOR GA Wiican, ed sa ve os *EOCE Ge 
 
 meaning of ra ee : sal wie a ... 163 
 borough council, sums paid by a , .. 44 
 payments by county council in lieu of local grants .. 41—45 
 in more than one administrative county... ae ooo 
 
 situated in more than one administrative county, sums pay: 
 able to by county council, how proportioned ... 46, 47, 49 
 situated in more than one Sinner hee county, payments 
 
 to by county councils a . 49 
 situate in more than one county, wien Tonal Gorémnment 
 
 Board may deal with ‘ i au ree . 2. LOO 
 dissolution of ... ‘ uae % Bs we ... LOO 
 
 grant in aid of officers of ae as we ss atte 
 
Index. 
 
 UNION, POOR LAW—continued. PAGE 
 when guardians to receive share of surplus at Local Taxation 
 Account ree .. 194 
 guardians to submit to Tate Goverment Board Bees for 
 payment from county council oe re oat ae 
 pauper, indoor ... ne eed te «+ LOO 
 pauper lunatic, payments in rerpect of des cae 42, 43 
 how made chargeable to aor e £5 wo w. 43 
 relief, outdoor ... ‘es oye . 100 
 London County Council, pemnits . in nee x Tees grants 82, 83 
 partly situated in county of London, payment to ... crates 
 of parishes ee oer ans Pt Fee Om 
 combination of, into school districts Nie a iV ae OU 
 UNIVERSITY, 
 resident members of... te Ay are vie a. Dol 
 of Cambridge ... we rg pa Pernt cae O4 
 Cambridge, saving for ... : 5 vee 20) 
 Cambridge, hei Vice- Chancellor may be a justice 288, 289 
 Durham, saving for... — es “np ore can ote 
 Oxford”... ay oe re are by ry, are tO 
 saving for es : we ee SOL 
 when to appoint members of diserict orci oe ee hoe 
 URBAN AUTHORITY ... iF . a ot a GE) 
 meaning of =, ee “ ye ‘ss 22, 163 
 when borough council to become ci my oan O04 
 difference as to area of and council of borotah ne Seed EE 
 for borough under 10,000, power as to explosives ay en iS! 
 main road, annual payment by county council towards cost 
 of maintaining S, 22 
 main road, when may claim to retain poners) &e., of main- 
 taining, &e. oe et ame a! 
 road becoming main road athe Liksimn fo retain powers Re) i 
 of maintaining, &c. ... oe 21 
 main road, when claim to repair no ibility a as to on Meee... 
 council 42 : 22 
 
 main road, retained by, dost of Peper) Cees how detanmined? 22 
 main road, when county council to take payment to in 
 
 respect & 7 oF. Fe 3 a vie Aiee 
 main road, lighting of ... aie fe ate + rere 4) 
 in metropolis... put om Ee ime ae 78 
 officers of... es 5 Pag: 46 
 
 what powers, &c., of, ot ee be arateiral 6 county council 17 
 Rivers Pollution Bravenet Act, costs of prosecution under, 
 when contributed to by county council ... as “eet! 
 
 URBAN COUNTY DISTRICT, 
 what is ... hae ee ee Art a sad Bis lh 5 
 
Index. 
 
 PAGE 
 URBAN DISTRICT ne ree “i 3 one OOO 
 
 establishment of tg we DO 
 included in borough, but éouricil of borough not urban 
 authority, provisional order as to ... sae J eo 
 district fund es aa ar aA: mt ..- 40 
 future establishment of ... on - td 98, 99 
 main road, lighting of . eat nanan 
 co-extensive sath Areal division, list of BS in tay BOO 
 URBAN SANITARY AUTHORITY ... . 162 
 whatis ... : Ae er ae ae eed 52, 163 
 borough included 4 in oie and . 163 
 URBAN SANITARY DISTRICT a a «i, PIOR 62 ~ 
 a highway area . ‘ 19 
 quarter sessions boroagh, when deamed 22 
 electoral divisions not to overlap se ork, uO 
 where situated when partly in two counties 91 
 partly within and partly without administrative conte 
 provisions as to list of voters, parliamentary elections, 
 &e., in. ; . 157 
 a Sats quarter: sessions itera Sh ‘yn Seri 
 wheu larger quarter sessions borough not cotta Porough 
 deemed ; 65 
 members of sanitary authority appointed by a college | or 
 university 94 
 VACANCY | 
 in office of chairman of county council . 169 
 in Office of clerk of county council ... Ain ss umey, GET eae 
 in office of commissioners under Local Government Act, 
 how filled up... ine . 103 
 in corporate office hee Ae we a w. 232, 234 
 time for filling up . 248 
 in office of mayor fee ie oo . 249 
 casual, in office of county eohneillor ty ite ... 129, 243 
 Bee not to be filled up . ie» 129 
 casual, in electoral division or Hardie ane .. 250 
 by person being elected to more than one velactoral 
 division ... , soqlae 
 by being elected county alderman Espn! 
 from ie of election or otherwise : ae Yo 
 at first county council election, how filled up ... nt Cees 
 caused by person being unseated on petition ae tO 
 withdrawal of candidate at election of councillors ... . 298 
 VACCINATION ts a: ps saehua 
 payments to public vresotnatans Ay: Sy oes oe ae 
 
Index. 
 VALUE 
 
 of area, borough, or parish 
 
 valuation lists 
 
 rateable ... 
 VELOCIPEDE, 
 
 bye-laws as to 
 
 conviction under ... 
 lighting of 
 
 when overtaking any carriage, cart, &e. 
 furious driving of 
 
 VERDERER, 
 coroner may not be 
 
 VEST, 
 meaning of term, in certain connections 
 VESTRY, 
 
 in metropolis 
 
 PAGE 
 en ee 16S 
 163, 198, 194 
 
 .. 163, 193, 194, 212 
 
 149, 221 
 pee 1b0 
 me 150 
 e150 
 
 . 150 
 14 
 23—25 
 
 78, 155 © 
 
 when deemed a district council and an urban authority 78 
 to participate in certain surplus paid to metropolis in 
 
 respect of roads... 
 VICE-CHANCELLOR 
 
 of University of Cambridge may be justice ... 
 
 VISITATION 
 of pauper lunatic asylum 
 vested in county council ... 
 
 VISITORS, COMMITTEE OF, 
 pauper lunatic asylum, accounts of ... 
 audit of accounts of fy. 
 of pauper lunatic asylum, how appointed 
 when appointed 
 when to be appointed by borough 
 
 . 193 
 288, 289 
 
 69 
 (é 
 
 . 150 
 . 150 
 pata iy 
 177 
 56, 177 
 
 when recorder, or justices, or borough council to 
 
 appoint . 
 when recorder or justices n66 to Sppoint: 
 when appointed by subscribers ... 
 proceedings of ... 
 chairman of 
 joint committee of 
 
 of lunatic asylum, how long to hold office after first election 
 
 of county councillors 
 when to become officers of county council 
 
 ob 
 lor 
 eLee 
 . 152 
 . 152 
 nh iy 
 
 LEE 
 187, 188 
 
 to be succeeded by a committee elected by county council... 177 
 
 prison situate in county of London 
 
 VOTE, 
 
 county aldermen, when to vote 
 
 cb iyi 
 
Index. 
 
 VOTE—continued. PAGE 
 when alderman not to vote in election of chairman il ae 
 voting at election of alderman a oe ie ... 246 
 
 outgoing alderman may not vote - abe ... 246 
 saat of votes ... a as ... 247 
 by ballot, prohibition of neclocts ae ond ex Pe thy 
 equality of notes at meetings of councils ... ce ... 295 
 chairman of county council committee to have a second or 
 casting vote ... es ‘ aad ... 145 
 counting of votes at ateruon Ah councillor >» | iota 
 who may attend ... er sss) 7, 8005 000 
 equality of, at contested election of coer fae ... 244, 245 
 election of councillor ... ou “pe nd a ... 244 
 when returning officer may vote ve “e ... 244, 245 
 title to vote at ncn of councillors vide ... 241 
 electors to vote in as many divisions as they are registered 
 in ae wi ss os ~ : pert 
 county Soameitlers of fees quarter PS hore! when 
 not to vote on certain matters < cx 67 
 chairman at meeting for election of mayor, &e., “when to 
 have casting vote... : w.. 247 
 equality of votes in election ‘of chairman: of provisional 
 council ke Ree . 174 
 chairman of provisional nonnal tite to iene casting ... 174 
 equality of votes at meeting of provisional council else 
 of persons guilty of corrupt practices to be struck off on 
 scrutiny is ... 204 
 person not élected by see of, a “sroutiel for an 1 election 
 petition nes Hy ... 254, 255 
 voting by prohibited persons at ‘elections se eee ... 306 
 councillors of city of London disqualified as to ... 78, 79 
 of returning officer and other persons at elections ... «. 299 
 infringement of secrecy of voting by ballot... os ... 353 
 voter paper, misnomer, or misdescription ... ... 284, 285 
 prohibition of disclosure a4 a vee Rae eur 
 “to assume to vote” ... ee Sor ae sr toe 
 “to tender his vote” ... : af ... 308 
 equality of, in election of chairman af standing joint com- 
 THIthee< 3.0 eee “i Beg orh 
 casting, of chaienian AE mending Nein committee Py oset Ues 
 appointment of committee of visitors of private lunatic 
 asylum. os - ves war | 
 at parliamentary election: saving g for. ns oat io5 OE 
 when incapacitated by blindness Py oe ... 364 
 conveyance of ... re hick Ay. ore "es ... 330 
 
 cuilty of corrupt practices... sus aye ... 302, 303 
 disqualification of wot Oe a: as oo LTS ae 
 
Index. 
 
 VOTE—continued. PAGE 
 contested election of ea i ewer which may be put 
 
 to voters ie f ces toy Hea ea 
 
 person wilfully making false answer . eae ae .. 24 
 
 form of directions for eh of, in voting 95 menar 
 
 Rte, OL ©... a a ne ae 92, 135, 167 
 
 list of, courts for revision oe a. 4h r. 0 ye ALY 
 
 lists, duties of overseers as to. pe ... 283 
 
 lists of, when district situate in more than one mosaics beg way: 
 list of, provision as to when, not to apply to borough council 63 
 
 list of, in parish, not within municipal borough ... ... 249 
 register of re oe $e rit es race ESL ed Day! 
 ass’... res nb e. EP igh Bre Lots 
 copies of register ae ae rH: i ee a. BOO 
 register of, difficulties as to... dy a wh: po ot he 
 meaning of = Ene Sys <3 apr oe ... 254 
 occupation, list of ney . 137 
 when place situate partly “within and aie avithout 
 county, provisions as to aes 535 eae eee 
 qualifying premises... . 135 
 list of, in parts of Kent, Middlesex, mane Bumere Pritin 
 metropolis rn ie a Br sve ... 169 
 lists of, in city of London ih . 169 
 registration of, powers of sheriff, clark of peace, and! county 
 council, as to . aes 101 
 registration of parliamentary, provision as to, noe to apply 
 to borough council ... ie ee ia. Ee eg 
 registration of parliamentary ... “e ate mee a 147 
 Heties of clerk of peace as to ... : . 147 
 parliamentary, when qualified for office of alderman or 
 county councillor... “ie eee: A ae Bas es Ps 
 saving for ... fe: de Se eas we oY 
 meaning of... os ee si as i) me LOL 
 how to vote... on ane ie ane ae ... 263 
 where to-vote ... th ; ee: Gr 2 360 
 
 See also ELECTORS ; yen OF Vorunee 
 
 WALES, SOUTH, 
 county authorities in, powers as to certain bridges... caer eo 
 See also SoutH WALES. 
 
 WAPENTAKE 
 of ainsty of York ee ano 
 when included in expression “ division of a foodnty roe GTi) 
 WARD <0 Se ce xs ee fe . 135 
 alteration of ... ane ne a 96, 98, 226, 227 
 number of councillors ve ose ive ie i Gy aly 
 
 2N 
 
Index. 
 
 WARD—continued. PAGE 
 boundary of ... hve aes aoe ee ..» 95, 96, 128 
 of combined boroughs ... +5 pe - oes AR A 
 division of borough into ae oa vee ace ©=226-—-228 
 borough not iienks into ae sae ea .. 242 
 borough with wards, councillors how élected as ... 241 
 
 without wards, councillors how elected... ies ... 241 
 
 as to election of county councillor... igs sr ke 
 election of councillor in more than one Oe whe ... 250 
 division, saving for... ae eas ... 289 
 when to be divided into polling districts as . 248 
 roll Ae as Le a Rey 236—238, 245 
 rolls, Ereaieeniene 1) ues: eae pr nah re, .. 238 
 burgess roll to be numbered by ; ae ... 236 
 when to be united for purpose of an electoral division SA bea 
 electoral, not to overlap os * + oa .. 93 
 to be, if feasible, an electoral Naeatan Wee PRS ape 
 returning officer at an election for... ay .- . 126, 242 
 illegal practices in ie Fa oe me ... 3804—308 
 meaning of = ae ne ve sad cis 293 
 notices, where published as oe the Hs! inane 
 casual vacancy in A oa abe see ad ... 250 
 See also ExeCTORAL DIVISION. 
 
 WAREHOUSE, 
 occupation of ... “fe ve ie are 202, 204, 228 
 
 WARRANT, 
 person taken into custody without ... See aa ee yi 
 service of aK say Oe ep eae bak, thes eyed 
 
 WATCH COMMITTEE 
 of borough under 10,000, transfer of certain powers of 72, 73 
 powers as to police... ve ve aa vt re iW 
 
 WATERWORKS. 
 See GAS AND WATERWORKS ACT. 
 
 WEIGHTS AND MEASURES, 
 in borough under 10,000 ae i Ay ae Pre cgi tt 
 
 bye-laws as to ... ee af: mee aI 
 execution of Acts relating to, by, county council as me A 
 combination of councils as to areas for ce ie Reeve wht 
 local standards ... one eee ae i's on eg 518) 
 verification of 2 iS sh ab ty sot ae 
 WESTMINSTER, 
 
 justice of peace for city and liberty of, at appointed day ... 183 
 liberty and city of, inhabitants not exempt from serving on 
 JUIICS ¢. <. Bi sm re Ps ne cen oa» o LOG 
 
Index. 
 
 WILD BIRDS, PAGE 
 execution e Acts relating to, by county council ... a7 10 
 when time for killing, &c., may be extended or varied 10, 11 
 
 WINDING-UP 
 business of county by quarter sessions ey ay oe 
 county roads boards in South Wales... ae a Nee, 
 district roads boards in South Wales... ve Ae Soe 
 
 WITHDRAWAL 
 of candidate before election ... 8 re .-. 298 
 
 from a candidature, when corrapt se ea ... 309 
 election petition a 5a af va 263, 264, 320 
 costs of ... = ae see ... 264 
 of respondent to a an election petition... ane ... 265, 266 
 publishing false statement of, withdrawal of candidate at 
 
 election ets . eh ae See wat ... 306 
 
 WITNESS 
 of defendant, costs of ... Ae os se a ... 165 
 at trial of:election petition ... iva ae ee ... 262 
 liabilities of ~—... : Te on ... 263 
 examination and aust athination ies v8 .-« 262, 263 
 expenses of Le oe tee bad ... 263 
 certificate of indemnity by election court ae eet eo ue 
 
 WOMEN, 
 when enrolled as burgesses... bat ae ... 203 
 may not be elected Hata Bonmeillon ¥ ied hakele 
 may vote at county and municipal elections... ae ». 248 
 
 not be elected to county council... Bs or ... 248 
 
 be enrolled as burgesses and county electors ... ... 248 
 married women may not vote... ey ah ae 4248 
 
 WORKS, 
 what transferred to county council ... Si os pee AY 
 See also PERMANENT WORK. 
 
 WORKHOUSE, 
 fees of pauper children from workhouse attending public 
 
 elementary schools... * ays woe aA ride none 
 metropolitan... ae tt At a ¥e “fe 1b 09 
 paupers in ae as a aa i ote Cel eOe 
 
 WORSHIP, 
 places of religious, certifying and recording of haf oe BU 
 places of religious, how registered... aes ot re 
 election not to be held in any place of se ae ... 250 
 
 WILT. Aig A a o Ave cP a . 105 
 
 of certiorart ae a fe a ee re 141, ye 
 
Index. 
 
 WRIT—continued. PAGE 
 for election of coroner .. 63 
 de coronatore exonerando fee “x8 ap ae 
 
 eligendo... ae vas pp is Mt: 12, 13 
 in county of London x . 179 
 of mandamus ... his. 4% MOT, 276: 
 of summons against corporate officer ie we 275 
 to returning officer in borough ... 126 
 scheme or onder may deal atin . 102 
 
 WRITTEN, 
 definition of term ... 160— 
 certain notice to returning officer . 173 
 
 YEAR, 
 meaning of ope 
 local financial year... is, 122 
 
 ending 31st March... . 192 
 
 YORKSHIRE, 
 what business transferred to administrative counties ~ 85 
 ridings of, to be separate administrative counties . 84 
 lark of gaol sessions, when to be clerk of joint commiitigan . 186 
 joint committee of quarter sessions of ridings, when to be 
 
 formed “p ooo 
 transfer of property and Hiabilities . 109 
 joint committee of BAe . 109 
 
 of council of riding, appointment and removal of clerk 
 of peace ... : : . 149 
 county of, for what Dre an. esate: attic . 101 
 powers, &c., under Yorkshire Registries Act transferred to 
 county erence : oe ive 
 scheme or order may affect Sed sae erm be he 
 wapentake of ainsty of... 91 
 
 London: Printed by Shaw & Sons, Fetter Lane and Crane Court, E.C. 
 
Price 408.3 for Cash, with Order, 32s. gd., Carriage Free, 
 LUMLEY’S 
 
 PUBLIC HEALTH, 
 
 Chird + Ldition, 
 
 With very extensive additions, including all Statutes relating to Public 
 Health to the present time, and Notes containing all Cases to date 
 of Publication, Index, &c. 
 
 By WM. PATCHETT, Esq., Q.C., 
 
 AND 
 
 ALEXANDER MACMORRAN, M.A., 
 
 Of the Middle Temple, Barrister-at-Law. 
 
 eee 
 
 The Publishers have been favoured with the following opinions by 
 Gentlemen whose practical knowledge and official positions will be a 
 guarantee of their value :— = 
 
 From H.C. WANKLYN, Esq., Town Clerk, Colchester. 
 
 “From time to time I have had to consult and work with, I believe, every text book 
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 “T have great pleasure in testifying to the extraordinary care with which the 
 editors have collected all the cases bearing on the Law of PUBLIC HEALTH. I have tested 
 this by looking for some out-of-the-way cases that I happen to be acquainted with, 
 and I find that they are all referred to. The case of Y'omkins v. Joliffe may be 
 mentioned, which was tried at the Winchester Assizes, and escaped the notice of all the 
 reporters except the Justice of the Peace.” 
 
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 “T am pleased with the new edition of the PUBLIC HEALTH ACT, 1875, edited by Messrs. 
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Now Published, price 7s. 6d. ; for Cash, post free, 6s. 4d., 
 
 | 
 
 COUNTY COUNCIL 
 Municipal Election Manual, 
 
 Appendix of Statutes, and a Chronological Summary of the Duties of 
 Returning Officers at the First Election of County Councillors. 
 
 | 
 | BY 
 
 | 
 S. G. LUSHINGTON, M.A., B.C.L., 
 
 Of the Inner Temple, Barrister-at-Law ; 
 
 Author of “ The County Electors Act, 1888, with Notes, §c.;” and Joint-A uthor of 
 “ The Parliamentary and Local Government Registration Manual.” 
 
 A concise and practical Hand-book of the Law and Practice 
 
 ba relating to the Elections of Councillors and Elective Auditors for 
 * Municipal Boroughs, and County Councillors, with an Appendix of 
 
 : “all the Acts of Parliament relating thereto, for the use of Return- 
 ing Officers, Candidates, Agents, and others concerned with such 
 
 Elections. 
 
 —_—TTrw 
 
 It is obvious, in the press of a contested Election, when prompt and accurate 
 decision is required, it is impossible to refer to a bulky volume, and the object of the 
 above little Work is to facilitate immediate reference, and at the same time to give, 
 in a concise manner, the Law on every question connected with Elections. 
 
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