This section shall not apply to any locomotive used solely for Sect. 33. agricultural purposes. 33. This part of this Act shall remain in force so long only as the Duration of Locomotive Act, 1865, continues in force.1 Part II. of 28 & 29 Vict. c. 83. PART III. Procedure and Definitions. 34. It shall be lawful for the Local Government Board to submit Confirmation any provisional order made by them under this Act2 to Parliament of provisional for confirmation, and without such confirmation a provisional order order. shall not be of any validity. 35. A bye-law made under this Act,3 and any alteration made Confirmation therein and any repeal of a bye-law, shall not be of any validity of bye-laws. until it has been submitted to and confirmed by the Local Govern ment Board. A bye-law made under this Act shall not, nor shall any alteration therein or addition thereto or repeal thereof, be confirmed until the expiration of one month after notice of the intention to apply for confirmation of the same has been given by the authority making the same in one or more local newspapers circulating in their county or district. 36. All offences, fines, and expenses under this Act, or any bye-law Recovery of made in pursuance of this Act, may be prosecuted, enforced, and penalties and recovered before a Court of summary jurisdiction in manner provided expenses. by the Summary Jurisdiction Acts. The expression "the Summary Jurisdiction Acts" means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders," inclusive of any Acts amending the same.5 The expression "Court of summary jurisdiction" means and includes any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts: Provided that the Court, when hearing and determining an information or complaint under this Act, shall be constituted either of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty session, or of some magistrate or officer sitting alone or with others at some Court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorized to be done by more than one justice of the peace. The Locomotives Act, 1865, as originally passed, was to be in force for two years only, but it has since been continued by successive Expiring Laws Continuance Acts, the last being the 51 & 52 Vict. c. 38, by which it was continued until the 31st of December, 1889. 2 See sec. 16, ante. * See secs. 26, 31, and 32, ante. See sec. 26, ante. See the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), and the Summary Jurisdiction Act, 1881 (47 & 48 Vict. c. 43). Sect. 37. Form of appeal to quarter sessions. Interpretation. 25 & 26 Vict. c. 61. 27 & 28 Vict. c. 101. 38 & 39 Vict. c. 55. 18 & 19 Vict. c. 120. 37. If any party thinks himself aggrieved by any conviction or order made by a Court of summary jurisdiction on determining any information or complaint under this Act, the party so aggrieved may appeal therefrom to the next practicable Court of quarter sessions.1 * 38. In this Act 66 County" has the same meaning as it has in the Highway Acts, 1862 and 1864, except that every liberty not being assessable to the county rate of the county or counties within which it is locally situate shall, for the purposes of this Act other than those relating to the formation and alteration of highway districts, and the transfer of the powers of a highway board, be deemed to be a separate county: "County authority" means the justices of a county in general or quarter sessions assembled.2 * "Highway authority" means as respects an urban sanitary district the urban sanitary authority. "Urban sanitary district" and "urban sanitary authority" mean respectively the districts and authorities declared to be urban sanitary districts and authorities by the Public Health Act, 1875, except that for the purposes of this Act no borough having a separate Court of quarter sessions, and no part of any such borough, shall be deemed to be or to be included in any such district, and where part of a parish is included in such district for the purpose only of the repairs of the highways such part shall he deemed to be included in the district for the purposes of this Act :3 "The metropolis" means the parishes and places mentioned in the Schedules A., B., and C., annexed to the Metropolis Management Act, 1855, and any parish to which such Act may be extended by Order in Council in manner in the said Act provided; also the city of London and the liberties of the said city: "Locomotive" means a locomotive propelled by steam or by other than animal power: "Person" includes a body of persons corporate or unincorporate. The rest of this section is repealed by 47 & 48 Vict. c. 43, s. 4. 2 The powers of the county authority under this Act, so far as regards main roads, are transferred to the county council by sec. 3 (viii.) of the L. G. A., 1888, and therefore a county authority in London will mean the London Council. The expression "urban sanitary district" will, as regards the provisions of this Act respecting main roads, in future include the city of London and the parishes and districts in Schedules A and B to the Metropolis Management Act, 1855, as amended by subsequent Acts; and the expression "urban sanitary authority" will include the Commissioners of Sewers and vestries and district boards: L. G. A., sec. 41 (4), ante. Sect. 1. APPENDIX I. F. THE DISTRICT AUDITORS ACT, 1879. (42 VICT. CH. 6.) An Act to amend the Law with respect to District Auditors. (L. G. A., 1888, [28 March, 1879.] sec. 71 ().) WHEREAS the auditors of the accounts relating to the relief of the poor (in this Act referred to as district auditors) are under the Poor Law 31 & 32 Vict. Amendment Act, 1868, appointed by the Local Government Board, c. 122, sec. 24. and are by that Act declared to be civil servants of the State within the operation of the Superannuation Act, 1859, but the remuneration 22 Vict. c. 26. and expenses of such auditors which are by law payable out of local rates are in fact paid partly out of moneys annually provided by Parliament, and partly out of local rates; and whereas it is expedient that in future the whole of such remuneration and expenses should be paid out of moneys voted by Parliament, and that in lieu of the amount now so paid out of local rates an equivalent sum should be raised by means of stamps, in manner hereinafter mentioned, and also that further provision should be made respecting such payment and otherwise respecting such auditors: 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 Parliament assembled, and by the authority of the same, as follows: Short title. and out of 1. This Act may be cited as the District Auditors Act, 1879. 2. After the twenty-fifth day of March one thousand eight hundred Provision as to and seventy-nine all payments to district auditors out of any local rate contribution shall cease, and the whole of the salaries or remuneration and of the by Treasury expenses of district auditors, to such amount as may be sanctioned by local rate for the Treasury, shall be paid out of moneys provided by Parliament; and payment of for the purpose of contributing to the amount required for the payment district of such salaries, remuneration, and expenses, there shall be charged on auditors. 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. with stamped certificate of 3. Where the accounts of the receipts and expenditure of a local Financial authority are audited by a district auditor, the local authority shall statement prepare and submit to the district auditor at every audit (other than an extraordinary audit held in pursuance of section six of the Poor district Law Amendment Act, 1866,) a financial statement in duplicate in the auditor. prescribed form and containing the prescribed particulars; one of such 29 & 30 Vict. duplicates shall have the stamp charged under this Act affixed thereon, c. 113, sec. 6. and the auditor at the conclusion of the audit shall cancel that stamp, and certify on each duplicate, in the prescribed form, the amount in words at length of the expenditure so audited and allowed, and further, that the regulations with respect to such statement have been duly Sect. 3. complied with, and that he has ascertained by the audit the correctness of the statement. He shall forthwith send the duplicate so stamped and certified by him to the Local Government Board; and in such case a return of the receipts or expenditure comprised in such statement need not, 23 & 24 Vict. unless the Local Government Board so require, be sent to the Board in pursuance of the Local Taxation Returns Acts, 1860 and 1877. c. 51. 40 & 41 Vict. c. 66. Appointment and districts of district auditors. Regulations as to audit. 4. The Local Government Board may from time to time appoint such number of district auditors as they may, with the sanction of the Treasury, think necessary for the performance of the duties of auditing the accounts which are for the time being by law subject to be audited by district auditors, and may from time to time remove such auditors. The Board may from time to time assign to district auditors their duties, and the districts in which such auditors respectively are to act, and may from time to time change wholly or in part such duties or districts; and every district so assigned to a district auditor, whether originally or upon any change, shall be deemed to be an audit district within the meaning of any enactment relating to district auditors or their districts, and the auditor to whom any district is assigned shall be deemed to be the district auditor for that district. The Board may also, with the consent of the Treasury, appoint from time to time a person or persons, either temporarily or otherwise, to assist a district auditor in the performance of his duties, and any person so appointed shall, subject to any exceptions made by the terms of his appointment, have the same powers and duties and be subject to the same obligations as the district auditor whom he is appointed to assist. The Board, with the like consent, may assign to a person so appointed such salary or remuneration and such sum for his expenses as may seem fit, and such salary, remuneration, and expenses shall be paid out of moneys provided by Parliament. 5. Where any accounts of the receipts and expenditure of a local authority are subject by law to be audited by a district auditor, the Local Government Board may from time to time by order make, and when made revoke and vary, such regulations as seem to the Board necessary or proper respecting the audit of such accounts, including the form of keeping the accounts of the local authority and their officers, the day or days to which the accounts are to be made up,2 the time within which they are to be examined by the local authority, the mode in which, if it is so prescribed, they are to be certified by the local authority or any officer of that authority, the mode of publishing the time and place of holding the audit, the persons by whom such accounts are to be produced for audit, and the mode of conducting the audit, and an order under this section shall be deemed to be an order 4 & 5 Wm. 4, within the meaning of section ninety-eight of the Poor Law Amendment Act, 1834.3 c. 76. The accounts of the county council are to be in the form for the time being prescribed by the Local Government Board: see L. G. A., 1888, 71 (1), ante. 2 The accounts of the county council are to be made up to the end of each financial year, as defined by sec. 73 of the L. G. A., 1888: see L. G. A., 1888, sec. 71 (1), ante. By sec. 98 of the Poor Law Amendment Act, 1834 (4 & 5 Wm. 4, c. 76), it is enacted that in case any person shall wilfully neglect or disobey any of the rules, orders, or regulations of the said commissioners [now the Local Government Board] or be guilty of any contempt of the said commissioners sitting as a board [now the 6. The duties charged under this Act shall be deemed to be stamp Sect. 6. duties under the management of the Commissioners of Inland Revenue, Stamp duties. and all the Acts relating to stamp duties, particularly those relating under Inland to forgery, fraudulent dies, and other offences in connexion with stamp Revenue. duties, shall apply accordingly; and such duties may, if the Commissioners so direct, be denoted by adhesive stamps, to be cancelled by the auditor as provided by this Act.1 cial statement. 7. If a local authority fail to comply with the provisions of this Failure to Act with respect to a financial statement,1 such local authority, or if submit finana clerk to the local authority is appointed, that clerk, and if no clerk is appointed, but there is a treasurer or other officer keeping the accounts which should be comprised in such financial statement, that treasurer or other officer shall be liable to a fine not exceeding twenty pounds for each offence, to be recovered by action on behalf of Her Majesty in the High Court of Justice. 8. In this Act, The expression "local rate" means the poor rate, the general district rate, and every rate the proceeds of which are applicable to public local purposes, and which is leviable on the basis of a poundage assessment of the value of property, and includes any sum which, though obtained in the first instance by a precept, certificate, or other instrument requiring payment from some authority or officer, is or can be ultimately raised out of a rate as before defined. The expression "local authority" means any person or body of persons who receive and expend any local rate, but does not include overseers of the poor. The expression "prescribed" means prescribed from time to time The expression "Treasury" * Definitions. 12. Nothing in this Act shall prevent a district auditor Saving of from recovering any expenses which he may hereafter certain incur, in any proceedings which he is authorised or required to take expenses. or defend under the statutes in that behalf. Local Government Board] such person shall, upon conviction before any two justices, forfeit and pay for the first offence any sum not exceeding £5, for the second offence any sum not exceeding £20 nor less than £5, and, in the event of such person being convicted a third time, such third and every subsequent offence shall be deemed a misdemeanor, and such offender shall be liable to be indicted for the same offence, and shall on conviction pay such fine, not being less than £20, and suffer such imprisonment, with or without hard labour, as may be awarded against him by the Court by or before which he shall be tried and convicted. 1 See scc. 3, ante. Y |