roads, form part of the county, and the costs of main- Sect. 35. (4.) Provided that (a.) the borough shall be deemed to be an urban sanitary district within the meaning of the Highways and Locomotives (Amendment) Act, 1878; and the council of the borough shall have the power under the Highways and Locomotives (Amendment) Act, 1878, 41 & 42 Vict. of making bye-laws respecting locomotives, and c. 77. authorising 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 maintained 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 (Amend- 41 & 42 Vict. ment) Act, 1878, and the county council shall con- c. 77. sider 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 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. (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 and sixty-nine of the Municipal Corporations 45 & 46 Vict. Act, 1882, shall be paid out of the county fund. (6.) The county councillors elected for an electoral division c. 50. Sect. 35. consisting 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. (7.) The county council and the council of any such borough may agree for the cessation in whole or in part of any exemption 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 substitution for the council of the borough any powers or duties, or partly for one consideration and partly for another, or in any other manner, according as may be determined. (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.] General 36.1.) Where a borough has a separate commission of the application peace, whether a quarter sessions borough or not (and is not a of Act to borough named in the Third Schedule to this Act), then, subject boroughs with separate to the provisions of this Act, all such powers, duties, and commission liabilities of the court of quarter sessions or justices of the of the peace. 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; (2.) Provided that such powers, duties, or liabilities, so far as they are under the Acts relating to pauper lunatics,2 shall, save as otherwise provided by this Act,3 be transferred to the council 1 It is apprehended that the effect of sec. 41 (1) post is to make this section applicable to the city of London. The powers of the Court of Mayor and Aldermen of granting music and dancing licences under 25 Geo. 2, c. 36, will be transferred to the London Council, see sec. 41 (1) (b) post. This is the only jurisdiction which appears by this Act to be transferred from the Court of mayor and aldermen to the London Council. The effect of sec. 41 (1) (a) post, taken together with sec. 35 (1), ante, appears to be to make the city corporation acting by the common council the local authority under the Acts as to explosives, petroleum, and weights and measures, as to all of which the Court of mayor and aldermen has been the local authority hitherto. 2 See as to these Acts, sec. 3 (vi.) ante. 3 See sec. 86, post. of the borough' and not to the county council, and the provisions Sect. 36. 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. quarter [37.2 The grant after the passing of this Act of a court of Application quarter sessions to any borough, not being a county borough, of Act to shall not affect the powers, duties, or liabilities of the county sessions council as respects the area of that borough, nor exempt the boroughs parishes in the borough from being assessed to county contribu- hereafter tions for any purpose to which such parishes were previously created. liable to be assessed, and shall not confer or impose on the mayor, aldermen, and burgesses, 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.] quarter [38.2 Where a borough having a separate court of quarter Application sessions contained according to the census of one thousand eight of Act to hundred and eighty-one a population of less than ten thousand, smaller the following provisions shall after the appointed day apply: sessions (1.) There shall be transferred to the county council the powers, boroughs duties, and liabilities of the council and justices of the with populaborough as regards the provision, enlargement, main- tion under tenance, management, and visitation of and other dealing with asylums for pauper lunatics: (2.) There shall be transferred to the county council the powers, duties, and liabilities of the council of the borough (a.) as regards coroners; and (b.) as regards the appointment of analysts under the Acts (c.) under the Acts relating to (i.) reformatory and industrial schools; and (iii.) 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 (b.) shall not, save as respects the coroners, affect the powers, 10,000. (3.) The borough shall be an urban sanitary district within the meaning of the Highways and Locomotives (Amend- 41 & 42 Vict. ment) Act, 1878: 1 The common council of the city will, in future, have pauper lunatic jurisdiction for the city area, and will be entitled to receive from the London Council the contribution provided by sec. 24 (2,g), ante. See sec. 41 (2) post. 2 This clause is inapplicable to London. с 77. K Sect. 38. (4.) 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 accordingly, and if the county council refuse the declaration, the council of the borough may, within a reasonable 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: (5.) The area of the borough shall for the purposes of the above-mentioned Acts and all other administrative purposes 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: (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: (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 borough, and by letters patent to revoke the grant of a 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 revocation, 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: (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, and if 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 Sect. 38. for the purpose of parliamentary elections: (9.) Where this section applies to a cinque port it shall apply also to all the members thereof, and those members [39.-(1.) Where a borough, whether with or without a sepa- Application rate court of quarter sessions, contained according to the census of Act to all of one thousand eight hundred and eighty-one a population of boroughs with populaless than ten thousand, then after the appointed day all powers, tion under duties, and liabilities of the mayor, aldermen, and burgesses, or 10,000. council of the 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 sale of foods and drugs, or (c.) to the execution of the Contagious Diseases (Animals) Acts, 1878 to 1886, or the Destructive Insects Act, 41 & 42 Vict. 1877, or (d.) to gas meters, or c. 74. 47 & 48 Vict. (e.) to weights and measures, if the council exercise any juris- cc. 13, 47. diction in relation thereto, 49 & 50 Vict. c. 68. shall cease, and, subject to the provisions of this Act as to the c. 32. members of the police force holding office on the said day, the 40 & 41 Vict. area of the borough shall for all purposes of the Acts relating to the county police force, or other matters above in this section mentioned, form part of the county in like manner as if it were not a borough; (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 41 & 42 Vict. amended by section nine of the Contagious Diseases (Animals) c. 74. Act, 1886. 49 & 50 Vict. (3.) The urban authority for any borough or town with such c. 32. population as above in this section mentioned shall cease to be the local authority under the Acts relating to explosives, and the county council shall have the like authority under the said Acts in the said borough or town as they have in the rest of their county.] Application of Act to Metropolis. of Act to 40. In the application of this Act to the Metropolis, the Application following provisions shall have effect:(1.) The Metropolis 2 shall, on and after the appointed as county of Metropolis 1 This clause is inapplicable to London. 2 By sec. 100, post, "the Metropolis" is defined to include the city of London and the parishes and places mentioned in Schedules A, B, and C to the Metropolis Management Act, 1855, as amended by subsequent Acts. London. |