Sect. 42. 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 no jurors shall be summoned for such sessions from within the county of London.2 (13.) Nothing in this Act shall alter the powers or duties 3 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. (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 sergeant, 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 sergeant, 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." 1 The appointment of petty sessional and occasional court houses is regulated by sec. 20 of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49). 2 This sub-section permits the justices of the new counties of Middlesex, Surrey, and Kent, to hold their sessions in the metropolis as heretofore. If they use the buildings of the London Council, the consideration for such user will be a matter of arrangement between the London Council and the quarter sessions of Middlesex, Surrey, and Kent, under sec. 62, post. 3 For definition of "powers" and "duties," see sec. 100, post. 4 "Quarter sessions" here means the court of the Lord Mayor and aldermen in the inner chamber. 5 By sec. 41 (1) ante, certain of the administrative functions of the court of aldermen are transferred to the Corporation of the City, acting through the common council, and their power to grant licences for music and dancing is transferred to the county council. 6 For provisions altering the powers and duties of justices or quarter sessions of counties, see secs. 3, 4, and 7, ante. By this section, the power of the city common council to elect the common sergeant and the judge of the city of London Court is taken away. The power of electing the recorder rests with the Court of the Lord Mayor and Aldermen. His non-judicial duties include attendance at the sittings of the court of aldermen and court of common council. He is the legal adviser of the Lord Mayor and the Corporation. He has certain ceremonial duties such as the presentation of the Lord Mayor elect to the Lord Chancellor. He certifies the customs of London. No salary appears to be paid to him in respect of these non-judicial duties. In respect of judicial duties, he is paid £2,500 a year as salary for acting as a judge at the Central Criminal Court, and £1,000 a year as judge of the Mayor's Court. The effect of the present clause appears to be, that in case of a 43.-(1.) In the administrative county of London the county Sect. 43. council: Grant by council to (a.) shall pay to the guardians for every poor law union London wholly in the county such sums as the Local Govern- county ment Board from time to time certify to be due from poor law the said council in substitution for the local grants unions. towards the remuneration of poor law medical officers, and towards the cost of drugs and medical appliances;2 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 financial years, unless Parliament otherwise determine, continue to be reckoned in accordance with the same average number; 3 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 vacancy in the office of recorder, the court of aldermen may select his successor, and if the Crown approve of the selection, the recorder may perform the judicial duties of the office. If the Crown did not approve, there is no provision for the appointment of any new person to perform them. Probably, therefore, the court of aldermen will obtain the consent of the Crown before making any definite appointment. 66 1 By sec. 100, post, the expression poor law union," is defined to mean any parish or union of parishes for which there is a separate board of guardians. The poor law unions as thus defined, situate wholly in the metropolis, are as follows: Kensington, Paddington, Fulham, Chelsea, St. George's, Westminster, St. Marylebone, Hampstead, St. Pancras, Islington, Hackney, St. Giles and St. George Bloomsbury, Strand, Holborn, City of London, Shoreditch, Bethnal Green, Whitechapel, St. George-in-the-East, Stepney, Mile End Old Town, Poplar, St. Saviour's, St. Olave's, Lambeth, Wandsworth and Clapham, Camberwell, Greenwich, Lewisham, and Woolwich.-See Local Taxa tion Returns, 1886-7, pp. 30-2. 2 The amount estimated to have been received in the metropolis during the financial year 1887-8 from the Parliamentary grant in respect of the matters of this sub-section, is £32,794.-Parliamentary Paper, 1888, C 5424, P. 24. 3 This grant is to be in addition to any payment made out of the Metropolitan common poor fund, see sec. 94, post, and will be payable to the guardians of all the unions mentioned above. See note 1, next page. "Penge" is the only part of the metropolis which is included in a union a portion of which only is situate in the metropolis. 5 See sec. 26 (2), and notes thereto. Sect. 43. Transfer of 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. (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 institution for the deaf, dumb, blind, or idiots, or in any certified school under the Act of the session of the twenty-fifth and twentysixth 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. (3.) The average number of paupers shall be estimated in such manner as the Local Government Board direct, and shall be certified by the Board. The Board may, if they think proper, vary their certificate, but unless it is so varied, their certificate shall be conclusive.1 44. On and after the appointed day all powers and duties of duties under the clerk to the managers of the metropolitan asylums district 32 & 33 Vict. under the Valuation (Metropolis) Act, 1869, shall be transferred of metropoli- to the clerk of the county council of London, and the said Act c. 67 of clerk tan asylum managers. shall be construed as if the county council were substituted therein for the managers of the metropolitan asylums district." 1 The number of indoor paupers calculated on the basis set out in the clause, in London, appears to be 54,957. A payment of 4d. per day by the London Council, in respect of this number would involve a yearly charge of £334.340. 2 Under the Valuation (Metropolis) Act, 1869, duplicates of the valuation lists, when finally approved and certified by the assessment committees, are before the 1st of November in each year to be sent to the clerk of the Metropolitan Asylums Board, who is to deposit them at the office of the managers, and to cause the totals of the gross and rateable values of all valuation lists to be printed, and a printed copy of all such totals to be sent before the 1st of December, to every assessment committee, to the overseers of every parish in the metropolis; to the Commissioners of the Metropolitan Police, the Corporation of the City, the Metropolitan Board of Works, every vestry and district board in the metropolis, and to the Local Government Board. The clerk of the managers is to return the valuation lists to the assessment com 45. On and after the appointed day, the powers, duties, and Sect. 45. liabilities of justices out of session in the metropolis, in relation Adjustment to the licensing of slaughter-houses for the purpose of the of law as to slaughtering of cattle for butchers meat, and of cow-houses and slaughterplaces for the keeping of cows, shall be transferred to the county metropolis. council of London.1 mittees not sooner than fourteen nor later than twenty-one days after the totals are sent out. The Act also provides (see sec. 41) that notice of every alteration in the total of the gross and rateable value of any valuation list, made in consequence of any decision on any appeal to the assessment sessions, or a superior Court shall as soon as possible be sent by the clerk of the assessment committee to the clerk of the managers of the metropolitan asylums district, who is to send such altered total in writing to every person and body of persons who has power to levy or make any rate or assessment, or require any contribution to be based on such total. The functions of the clerk of the Asylums Board under this Act, will in future be performed by the clerk to the London Council; but his duty under 38 & 39 Vict. c. 3 to send also a printed copy of "exemptions" does not seem to be transferred, and such exemptions appear to cease. As to present rateable value of parishes in London, see Appendix II., Table II. 1 By sec. 93 of the Metropolis Management Act, 1862 (25 & 26 Vict. c. 102), it was provided that no place within the metropolis outside the city should be used by any person carrying on the business of a slaughterer of cattle, or cowkeeper, or dairyman, as a slaughter-house for the purpose of slaughtering cattle, or a cowhouse, or place for the keeping of cows without a licence from the justices in special sessions. Fourteen days previous notice of the intention to apply for the licence was to be given to the vestry or district board, and seven days notice to the justices; but slaughter-houses in the metropolitan Cattle Market. were exempt from the provisions of the Act. By the Slaughterhouses, &c. (Metropolis) Act, 1874 (37 & 38 Vict. c. 67), penalties were imposed upon persons establishing anew in the metropolis the business of a slaughterer of cattle (i.e. a slaughterer of cattle for butchers meat) without the sanction of the local authority (ie., the Metropolitan Board of Works or the Commissioners of Sewers); but the Act provided (see sec. 10), that where the sanction of the local authority had been given under the Act to a slaughterer of cattle to establish his business anew, a licence to use such premises as a slaughter-house should be granted as a matter of course by the justices at the first special sessions for licensing slaughter-houses, held after the grant of the sanction. It was also provided, that before the renewal of a licence for a slaughter-house under sec. 93 of the Metropolis Management Act, 1862, fourteen days previous notice of the intention to apply for the renewal should be served upon the Metropolitan Board as well as upon the vestry or district board, and that no objection to the renewal of such licence should be entertained unless seven days previous notice had been served on the applicant of the intention of the objector to bring forward the objection, with this exception, that notwithstanding notice had not been given, the justices might, if they thought fit, on an objection being made, and notice of the objection being served on the applicant, adjourn the question as to renewing the licence to a houses in the L Sect. 46. Application of Act to certain special counties. 28 & 29 Vict. c. 37. Application of Act to Special Counties and to Liberties. 46. For the purposes of this Act there shall be enacted the provisions following; that is to say, [(1.)-(a.) The ridings of Yorkshire and the divisions of Lincolnshire shall respectively be separate administrative counties. (b.) The eastern and western divisions of Sussex, under the (c.) The Isle of Ely, and the residue of the county of Cam- (2.)-(a.) In the case of the county of York and the county (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 future day, and require the attendance of the licence holder on that day. The London Council as successors of the Metropolitan Board of Works, will have certain slaughter-house jurisdiction, see ante, Chap. V., and the powers of justices transferred by this clause will give the council extended jurisdiction. Licences for the erection of slaughter-houses in the city, or for the use and occupation of buildings as slaughter-houses in the city are granted by the Commissioners of Sewers under the city of London Sewers Act, 1851 (14 & 15 Vict. c. xci.), secs. 18-21. |