Sect. 62. 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 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.]1 Arbitration 31 & 32 Vict. (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. 63. Where the Local Government Board are required in pursuance of this Act 2 to decide any difference or other matter referred to arbitration in pursuance of this Act, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade,3 and the enactments amending those provisions, shall apply as if they were herein re-enacted, and in terms made applicable to the Local Government Board and the decision of differences and matters under this Act.* Transfer of perty and PART IV. Property Funds and Costs of County Council. 6 64.—(1.) On and after the appointed day all property of the county pro- 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 liabilities. 1 The London county council must borrow in accordance with the provisions of the Acts relating to the Metropolitan Board of Works, see sec. 40 (9), ante. 2 See sec. 11 (3), (4), and (9), ante. 3 The provisions of the Regulation of Railways Act, 1868, respecting arbitrations of the Board of Trade, are contained in 31 & 32 Vict. C. 119, secs. 30 to 32. 4 The effect of this section is to enable the Local Government Board to appoint an arbitrator to act in their stead. 5 For definition of property, see sec. 100, post. As to the manner in which this section applies to the metropolis, see sec. 40 (6) and (7), and as to the manner it applies to liberties in the Metropolis (e.g. the liberty of the Tower Hamlets), see sec. 48 (2). The expression "county county" does not include a county of a city (e.g. the county of the city of London), (see sec. 100). By sec. 100, the expression "division of a county" is, for the purposes of this section, defined to include any hundred, lathe, wapentake, or other like division. It does not, therefore, include parishes. trust for the council of the county, subject to all debts and liabi- Sect. 64. lities affecting it, and shall be held by the county council for the same estate, interest, and purposes, and subject to the same covenants, conditions, 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 existing2 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 presented 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.1 (2.) On and after the appointed day all debts and liabilities of the quarter sessions, or of the clerk of the peace, or any justice or justices, or treasurer, or commissioners, incurred for county purposes, shall become debts and liabilities of the county council, and shall, subject to the provisions of this Act, be 1 For definitions of "liabilities" see sec. 100, post. The word "liabilities" includes any obligation to carry or apply any money to any sinking fund or to any particular purpose. 2.66 Existing" means "existing on the appointed day" (i.e., April 1, 1889), see sec. 100 and 109, post. 3 The records of the county of Surrey in the custody of the Clerk of the Peace for Surrey, at Newington, at the passing of this Act, will continue to be kept in his custody at Newington, until any order to the contrary is made. See sec. 118 (10 b), post. The Clerk of the Peace for London (who in the first instance will be the same person as the Clerk of the Peace for Middlesex, sec. 118 (8)) will, subject to the directions of the London quarter sessions, have charge of and be responsible for all records and documents of those sessions, and the Clerk of the London Council will, subject to the directions of the Council, have charge of and be responsible for all other documents of the county of London, see sec. 83 (11), post. 4 See sec. 61, ante. 5 In the case of London the apportioned property, debts, and liabilities of Middlesex, Surrey, and Kent will become the property, debts, and liabilities of the administrative County of London. See sec. 40 (7) and notes thereto. Sect. 64. defrayed by them out of the like property and funds out of which they would have been defrayed if this Act had not passed. (3.) 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,2 but shall provide such accommodation 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. Power to acquire lands. [(4.) This section shall apply, with the necessary modifications, to the administrative counties of Sussex and Suffolk. (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 commissioners appointed by the justices, in like manner as if it were herein re-enacted with the substitution of gaol sessions or commissioners 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 licence in mortmain. (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.] 65.—(1.) A county council may, from time to time, for the 1 This will include land and hereditaments of any tenure (see 13 & 14 Vict. c. 21, sec. 4). 2 It must, however, be noted that the London Council as successors of the Metropolitan Board of Works, will have, under sec. 40 (8), ante, the special powers of selling land conferred by 18 & 19 Vict. c. 120, s. 154, and by the express provisions contained in other Acts obtained by the board. As to the application of the proceeds of sale of land sold by the county council, see those Acts, and sec. 65 (3), post. 3 As to the standing joint committee, see sec. 30. This section requires the London Council to provide the justices with such buildings and accommodation as they may need. For the power of the London Council as to acquirement of lands, and hiring, or erection of buildings, etc., see sec. 65 (1) (2), post. purpose of any of their powers and duties, including those which Sect. 65. are to be executed through the standing joint committee,1 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.3 (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.* (3.) 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. 66. All costs incurred by the quarter sessions or the justices Costs of out of session of a county, and all costs incurred by any justice, justices to be payable police officer, or constable, in defending any legal proceedings out of county taken against him in respect of any order made, or act done, in fund. 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." 67. Any order of a court of quarter sessions, or of any justices Adjustment 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 ordered 1 As to the powers and duties of the standing joint committee, see sec. 30, ante. 2 "Land" includes messuages, tenements, and hereditaments, houses and buildings of any tenure (see 13 & 14 Vict. c. 21, sec. 4). 3 See note to last section. 4 For secs. 176, 177, and 178 of the Public Health Act, 1875, vide, post, Appendix I. B. 5 As to the alienation of land and buildings by the county council, vide sec. 64 (3) ante, and notes thereto. It does not appear that this section would apply to proceedings against the officers or constables of the London police force so long as the control of that force is in the Home Office. 7 In cases of felony courts of quarter sessions were, by 7 Geo. 4, c. 64, secs. 22 and 24, authorised to order payment by the county treasurer of the costs of the prosecution, and by the same and subsequent statutes similar power was given in cases of misdemeanours, see 7 Geo. 4, c. 64, secs. 23 and 24; 14 & 15 Vict. c. 55, sec. 2; The Larceny Act, 1861 (24 & 25 Vict. c. 96), sec. 121; The Malicious Injuries to Property Act, 1861 (24 & 25 Vict. c. 97), sec. 77; The Forgery Act, 1861 (24 & 25 Vict. c. 98), sec. 54; The Coinage Act, 1861 (24 & 25 Vict. c. 99), sec. 42; The Offences against the Person Act, 1861 (24 & 25 respects costs by quarter sessions or justices to be paid. Sect. 67. forty-eighth year of the reign of King George the Third, chapter seventy-five, shall be obeyed by the county treasurer in like manner as heretofore, and the county council shall cause the treasurer, or some other person on his behalf, to attend at every court of quarter sessions for the purpose of paying such sums as may be ordered by the court to be so paid. Funds of county council. 68.2-(1.) All receipts of the county council, whether for Vict. c. 100), sec. 77; The Debtors Act, 1869 (32 & 33 Vict. c. 62), sec. 17; The Corrupt Practices Prosecution Act, 1854 (17 & 18 Vict. c. 102) sec. 10; The Ballot Act, 1872 (35 & 36 Vict. c. 33), sec. 24; and The Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), sec. 53. They also have power to order payment of costs on appeal from metropolitan police magistrates (see 2 & 3 Vict. c. 71, sec. 50), and on prosecutions under the Vagrant Act (see 5 Geo. 4, c. 83, sec. 9). As to the power of justices out of sessions to order payment of costs in criminal proceedings, see the Vagrant Act, 5 Geo. 4, c. 83, sec. 12, and the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), secs. 17 & 28. As to their power to grant a certificate of costs to pawnbrokers detaining stolen goods, see the Pawnbrokers' Act, 1872 (35 & 36 Vict. c. 93) sec. 34. The Act of the 48 Geo. 3, c. 75, provided for the payment by the county treasurer of the costs of burying human bodies cast on the shore from the sea. By 49 Vict. c. 20, the Act was amended and made applicable to the interment of dead human bodies cast on shore from any tidal or navigable waters, or found in any such waters and brought on shore. 2 This clause settles the basis upon which the accounts of the Council are to be kept. A county fund is to be established, into which all receipts are to be paid, and out of which all payments will be made. The accounts of this fund will be kept in separate divisions. (a) General County Account.-This account will receive the moneys which are levied by the Council over the whole administrative area, which in London will be the metropolis, including the city of London. It will also receive the balance of the Exchequer Contribution Account, after the payments made out of that account under sec. 23, sub-sec. 2 (i., ii., iii.), ante. Any deficiency in the account is made up by a rate levied over the whole administrative area, see sub-sec. 4 of this section. The expenditure out of this fund will be for purposes declared by this Act to be "general county purposes," and for all other expenses which are not made special county expenses (as, for example, opposing Bills in Parliament, and defending legal proceedings, sec. 15, ante). The purposes declared by the Act to be general county purposes, and the cost of which is, therefore, to be defrayed out of the general county account, include The repair of main roads (see sec. 11 (1)). The payment of costs incurred by the county council when acting as successors to the Metropolitan Board of Works (see sec. 40 (9)). The payment of the costs of the London assizes and sessions (see sec. 41 (5)). The payment of the salary of the paid chairman or deputy-chair |