Sect. 3. of the justices of the county in quarter sessions1 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,

(i.) The making, assessing, and levying of county, [police,3] hundred, 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;

1 The expression "quarter sessions" is by sec. 100 defined to mean the justices in quarter or general sessions assembled, and includes justices assembled in annual general sessions and adjourned sessions.

2 The Act regulating the making, assessing, and levying of the county rate is the 15 & 16 Vict. c. 81 (the County Rate Act). The rate is raised by precepts to the guardians, who in their turn send precepts to the overseers, to raise not only the amount of the county rate but also the amount required for their own purposes. In future the chief rate levied in the administrative county of London will be a county rate, and the precepts will be sent to the guardians. The Consolidated Rate of the Metropolitan Board of Works, the precepts for which are sent to the Chamberlain of the City of London and to the vestries and district boards will be superseded. See also sec. 68, post.

3 In the metropolis the police rate is raised by warrants issued by the Commissioner of Police of the Metropolis to the overseers with the approval of the Secretary of State, see 10 Geo. 4, c. 44, secs. 23 to 33; 2 & 3 Vict. c. 47, sec. 2; 19 & 20 Vict. c. 2, secs. 1, 5. This Act does not affect the raising of money for the Metropolitan Police Force, see sec. 93, post, and this part of the clause does not therefore apply to London. As to payment in substitution of Government Grant, see sec. 24 (2 k), post.

4 By the Valuation (Metropolis) Act, 1869 (32 & 33 Vict. c. 67), so much of the County Rate Act (15 & 16 Vict. c. 81) as relates to the preparation of the basis or standard of the county rate for any part of the metropolis as defined by that Act was repealed (see sec. 77), and by sec. 45 the valuation list for the time being in force made under that Act was, for the purpose of the county rate, made conclusive evidence of the gross value and of the rateable value of the hereditaments included in it, and in construing the County Rate Act the valuation, estimate, basis, or standard, is to be deemed to be the rateable value stated in such list. The metropolis, however, as defined by the above Act is not the same area as the metropolis defined by the Metropolis Management Act, 1855, but extends only to unions and parishes not in union, which are for the time being either wholly or for the greater part in value, situate within the jurisdiction of the Metropolitan Board of Works, and, consequently, does not include Penge, which is included in a union of which the greater part in value is situate outside the metropolis. The result is that in Penge the basis or standard for the county rate is prepared and revised under the County Rate Act (15 & 16 Vict. c. 81). It would appear that so far as the hamlet of Penge is concerned it will be needful for the London Council as transferees of the powers of the

(ii.) The borrowing of money; 1

(iii.) The passing of the accounts of and the discharge of the county treasurer; 2

(iv.) Shire halls, county halls, assize courts, judges lodgings, lock-up houses, court houses, justices rooms, police stations, and county buildings, works, and property,3 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; "

(v.) The licensing under any general Act of houses and other places for music or for dancing, and the granting

quarter sessions of Surrey to prepare and revise the basis or standard of the county rate under the provisions of the County Rate Act.

By sec. 42 (10), post, the jurisdiction of the court of general assessment sessions under the Valuation (Metropolis) Act, 1869, of hearing appeals against the valuation lists in the metropolis is also transferred to the county council.

1 The borrowing powers of the London Council are expressly limited and defined by s. 40 (9), post. The council will not, therefore, be able to borrow except in the manner therein prescribed.

2 By 12 Geo. 2, c. 29, sec. 7, the county treasurer of each county was required to deliver to the justices accounts of his receipts and payments with proper vouchers for the same, and by sec. 9 of the Act it was provided that the discharge of the justices or the greater part of them by their orders made at their general or quarter sessions should be sufficient discharges to the treasurer. By the County Rate Act (15 & 16 Vict. c. 81), sec. 50, the county treasurer was required to publish yearly an abstract of his accounts signed by the justices who had audited the same. Probably the new London Council will proceed under sec. 75 (16) (e), post, and appoint a treasurer in accordance with the Municipal Corporations Act. In that event the enactments above referred to will be superseded. The audit of accounts will be controlled by the provisions of sec. 71, post.

3 The fullest powers of acquiring, hiring, erecting, and furnishing such halls, buildings, and offices, as the council may require, are definitely given to the county council by sec. 65, post.

For the present powers of quarter sessions in respect of the matters referred to in this section: see 7 Geo. 4, c. 63; 7 Will. 4, and 1 Vict. c. 24; 10 & 11 Vict. c. 28. The power of providing police courts in London, outside the City, is vested in the Commissioners of Works and regulated by 34 & 35 Vict. c. 35, s. 4. The power of providing police stations, offices, houses, and buildings required for the purposes of the metropolitan police is vested in the receiver of the metropolitan police, under 49 Vict. c. 22, S. 2, and he is empowered to borrow money for the purpose from the Metropolitan Board of Works (ibid. sec. 3 (4)), see also 50 & 51 Vict. c. 45. Police courts and police offices in the city of London are provided by the Corporation of the City.

4 See secs. 30 (3) and 64 (3) post.

5 Power to license houses and other places kept for public dancing, music, or other public entertainment of a like kind (see Reg. v. Tucker, L. R. 2 Q. B. D. 417) in the cities of London and Westminster, or

Sect. 3.

Sect. 3.

42 & 43 Vict.

c. 18.

of licences under the Racecourses Licensing Act, 1879:1

(vi.) The provision, enlargement, maintenance, management and visitation of and other dealing with asylums for pauper lunatics;2

within twenty miles thereof, was conferred upon quarter sessions by 25 Geo. 2, c. 36. And under that Act a license may be granted for one purpose only as e.g. for music. See Brown v. Nugent, L. R. 7 Q. B. 588. The powers of the Court of the Lord Mayor and aldermen in the inner chamber under this Act are transferred to the London council by sec. 41 (1) (b) post. It appears that the powers possessed by the justices of the liberty of the Tower Hamlets are also transferred, sec. 48 (2) post.

1 Under the provisions of the Race-courses Licensing Act, 1879 (42 & 43 Vict. c. 18), it is unlawful to hold a horse-race within ten miles of Charing Cross, except in a place licensed for the purpose. Such licenses are for twelve months from the 25th day of March following the date of application. The method of making application for licenses is the same as that for music and dancing under the 25 Geo. 2, c. 36.

At present applications for music, dancing, and race-course licenses. must be made at the Michaelmas Quarter Sessions. The London Council is empowered by sec. 78 (3) to make standing orders as to the time and method of making such applications in future. Until such standing orders are made the applications will be made to the council as near to the date of the Michaelmas Sessions as circumstances admit. (The date of the Michaelmas Sessions is in the first week after October 11. See 54 Geo. 3, c. 84.)

2 For the powers transferred by this sub-section, see 16 & 17 Vict. c. 97; 18 & 19 Vict. c. 105; 19 & 20 Vict. c. 87; 25 & 26 Vict. C. III; 26 & 27 Vict. c. 110; 28 & 29 Vict. c. 8o. Under the provisions of these statutes the quarter sessions of every county not having an asylum for pauper lunatics are required to provide one, either by erecting or providing an asylum for the county alone, or by uniting for that purpose with any other counties, or with the subscribers to any hospital for the reception of lunatics, established, or in course of erection or hereafter to be established, and authority is given to the quarter sessions to appoint a committee to act on their behalf in providing the asylum. The Acts also provide for the annual election by the justices of a "committee of visitors" for each asylum, who are required to submit to the Secretary of State, general rules for the government of the asylum, and to make such regulations and orders as they think fit, not inconsistent with the general rules, for the management and conduct of the asylum. Two members at least of the committee are required once at least in every two months to visit the asylum together, to inspect every part of it, and to see and examine, as far as circumstances will admit, every lunatic therein, and the order and certificate for the admission of every lunatic admitted since the last visitation; and they are to enter in a book to be kept for the purpose, any remarks which they may deem proper in regard to the condition and management of the asylum and the lunatics therein. Annual reports are to be made by the committee to quarter sessions.

By sec. 41 (1) (a) post, the powers of the Court of Lord Mayor and

(vii.) The establishment and maintenance of and the contribu- Sect. 3. tion to reformatory and industrial schools;1

2

(viii.) Bridges and roads repairable with bridges, and any

aldermen in the inner chamber under these Acts are transferred to the Corporation of the City acting by the common council.

The property in the lunatic asylums now maintained by the counties. of Middlesex, Surrey and Kent, will become matters of adjustment between the county councils of the new administrative counties of Middlesex, Surrey and Kent, and the county of London (see sec. 62, post). It would appear that the effect of sec. 64 and of sec. 40 (6, 7), will be to transfer to the London Council the property in the lunatic asylums of the existing counties of Middlesex and Surrey, but not of the county of Kent.

The Committee of Visitors will in future be appointed by the London Council. Existing committees are to hold office until one week after such appointment is made (see sec. 111 (1 and 2), post).

As to the general adaptation of the Lunatic Asylum Acts and the powers reserved to the quarter sessions and justices as to lunatics, see sec. 86, post.

The quarter sessions of a county (as the "prison authority," see 28 & 29 Vict. c. 126, s. 5) were empowered to contribute towards the alteration, enlargement or rebuilding of certified reformatory and industrial schools, or towards the support of the inmates thereof, or towards the management thereof, or towards the establishment or building of a school intended to be a certified reformatory or industrial school, or towards the purchase of land for such school, whether existing or to be erected (29 & 30 Vict. c. 117, s. 28; 29 & 30 Vict. c. 118, s. 12). They were also authorized themselves to undertake, at their own expense, any of the above matters, and also to contribute towards the ultimate disposal of any inmate of such schools when established by them (35 & 36 Vict. c. 21). Where the contribution under the first mentioned Acts is for alteration, enlargement, rebuilding, establishment, or building of a school, or for purchase of land, the approval of the Secretary of State is required (29 & 30 Vict. c. 117, s. 28; 29 & 30 Vict. c. 118, s. 12).

The London Council will be the prison authority for the metropolis outside the city of London, for the purpose of these Acts, and as successors of the Courts of Quarter Sessions, will have the authority transferred by this section.

In the city of London the Court of the Lord Mayor and Aldermen has hitherto been the "prison authority" (28 & 29 Vict. c. 126, s. 5), but the powers of this Court under these Acts are now transferred to the corporation acting through the common council (sec. 41 (1 a), post).

2 For the powers of quarter sessions in relation to the repair, widening, improvement and maintenance of county bridges and the approaches thereto, see 22 Hen. 8, c. 5; 1 Anne, st. 1, c. 18; 12 Gec. 2, c. 29, S. 14; 14 Geo. 2, c. 33, S. I ; 43 Geo. 3, c. 59; 52 Geo. 3, c. 110; 54 Geo. 3, c. 90; 55 Geo. 3, c. 143; 4 & 5 Vict. c. 49. The effect of these statutes was to impose upon quarter sessions the duty of repairing county bridges, and in some cases the road on each side of such bridges for a distance of 300 feet, and they were empowered to tax the inhabitants for the purpose, and to borrow money on the security of the county

Sect. 3.

41 & 42 Vict. c. 77.

powers vested by the Highways and Locomotives (Amendment) Act, 1878, in the county authority;1 (ix.) The tables of fees to be taken by and the costs to be allowed to any inspector,2 analyst,3 or person holding

rate. They were also empowered to alter and rebuild county bridges, and to purchase land for the purpose.

The effect of the Act appears to be that the whole of the county bridges of Middlesex and Surrey will become the property of the London Council (sec. 40 (6) post). They will then be matters of adjustment as to future ownership. As to the maintenance and repair of bridges carrying main roads, see sec. 11 (1) post.

By sec. 6, post, power is given to the county council to purchase or take over existing bridges not being at present county bridges, and to erect new bridges, and to maintain, repair and improve any bridges so purchased, taken over, or erected.

As to bridges under control of the Metropolitan Board of Works, see ante, Chapter V.

1 The provisions of Part i. of the Highways and Locomotives (Amendment) Act, 1878, as to control by county authorities over highway authorities, and various other matters, have not hitherto applied to the metropolis (sec. 2). With respect to the provisions of Part ii. of the Act as to control of road locomotives, the Metropolitan Board of Works or the City corporation are declared to be the authority. But see, as to future application of this Act, sec. 41 (4), and notes thereto, post.

2 The inspectors here referred to are Inspectors of Gas-meters and Inspectors of Weights and Measures. The Inspectors of Gas Meters were to be appointed by quarter sessions under 22 & 23 Vict. c. 66, s. 4. This power was, however, transferred to the Metropolitan Board of Works by 24 & 25 Vict. c. 79. The county authorities of Middlesex, Surrey, and Kent have, therefore, no transferable powers in the metropolis as to those inspectors. As to Inspectors of Weights and Measures, they have been hitherto appointed, and the fees settled under the provisions of 41 & 42 Vict. c. 49. In the city of London the powers under that Act were vested in the Court of the Lord Mayor and Aldermen, and by the present Act are transferred to the corporation of the city acting by the common council (sec. 41 (1 a.), post). In the "city" of Westminster the powers as to inspection of weights and measures are regulated by 24 & 25 Vict. c. 78, and the powers of the court of burgesses thereunder are expressly reserved by the Weights and Measures Act, 41 & 42 Vict. c. 49, s. 69. These powers appear to remain unaffected by the present Act, and in future the powers as to inspection of weights and measures will, therefore, be exercised, as to the city of London, by the common council; as to the "city" of Westminster, by the court of burgesses; and as to the metropolis outside the cities of London and Westminster, by the London Council. As to the continuance in office of existing inspectors, see sec. 118 (13), post.

3 The analyst here referred to is appointed under the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63). The quarter sessions of Middlesex, Surrey and Kent have no powers as to such analyst within the metropolis. The appointment and remuneration of analysts under this Act is in the hands of the Commissioners of Sewers for the city of London and of the vestries and district boards for the rest of the metropolis (38 & 39 Vict. c. 63, s. 10).