any office in the county other than the clerk of the (x.) The appointment, removal, and determination of salaries, 4 c. 17. of the county treasurer,3 the county surveyor, the public 8 (xi.) The salary of any coroner whose salary is payable out of the county rate,10 the fees, allowances, and disbursements 1 As to fees payable to the clerk of the peace, see sec. 83 (5), post. 2 As to fees payable to clerks of the justices, see sec. 84 (2), post. 3 By 12 Geo. 2, c. 29, s. 6, the justices in general or quarter sessions were authorized to appoint a person or persons resident in the county to be their treasurer or treasurers, he or they first giving security. And by sec. II of the same Act the justices were empowered to remove the treasurer or treasurers at their pleasure, and to appoint another person or other persons in his or their place. By the same section, and sec. 17 of 55 Geo. 3, c. 51, the justices were authorized to allow their treasurer such sum for his care and pains as they might think fit. The present county treasurers of Middlesex, Surrey and Kent will, it is apprehended, become the county treasurers of those counties under sec. 118 (13), post. The London Council will, therefore, be able to appoint a treasurer either under the statute 12 Geo. 2, c. 29, or by adopting the powers given by the M. C. Act, 1882, s. 18, as may be done, if the council think fit, under sec. 75 (16 e), post. As to appointment of treasurer by Metropolitan Board of Works, see 18 & 19 Vict. c. 120, s. 62, and as to the way in which such power has been exercised, see ante, Chapter IV. The appointment and remuneration of county surveyors is regulated by 22 Hen. 8, c. 5, ss. 4 and 8. 5 The powers as regards public analysts are in the City vested in the Commissioners of Sewers and in the rest of the metropolis in the vestries and district boards (ante, note to sub-sec. ix. of this section). The appointment of officers under the Explosives Act, 1875 (38 Vict. c. 17), is (except in any harbour within the jurisdiction of a harbour authority) in the city of London vested in the Court of the Lord Mayor and Aldermen, and in the rest of the metropolis in the Metropolitan Board of Works. The powers of the Metropolitan Board are transferred to the county. council by sec. 40 (8), post. Those of the Court of the Lord Mayor and Aldermen to the Corporation of the City, by sec. 41 (1 a), post. The powers under the Act will, therefore, except as aforesaid, in the future be exercised as to the city of London by the common council; and as to the rest of the metropolis, by the London Council. 7 As to definition of "officer," see sec. 100, post. 8 As to the appointment, removal and salary of the clerk of the peace in the county of London, see sec. 83 (2), (5), (11), post. As to the appointment, removal and salaries of clerks of the justices, see sec. 84, post. 10 By the 23 & 24 Vict. c. 116, s. 4, it is provided that there shall be paid to every county coroner out of the county rate such annual Sect. 3. allowed to be paid by any such coroner,1 and the division of the county into coroners' districts, and the assignment of such districts;2 (xii.) The division of the county into polling districts for the purposes of parliamentary elections, the appointment of places of election, the places of holding courts for the revision of the lists of voters, and the costs of and other matters to be done for the registration of parliamentary voters ;3 salary as shall be agreed upon between him and the justices in general or quarter sessions or, in the event of their disagreement, as may be fixed by the Home Secretary, and the salary is liable to revision every five years. In future, the payment of the salaries and fees (or an apportioned part thereof, see sec. 114 (1), post) will be made out of the London County Fund, and the agreement as to amount will be made between the coroners and the London Council. 1 By the Coroners Act, 1887 (50 & 51 Vict. c. 71), s. 25, the quarter sessions of every county were empowered to make from time to time and when made to alter and vary a schedule of the fees, allowances, and disbursements which on the holding of an inquest may be lawfully taken and made by the coroner holding the inquest (other than the fees payable to medical witnesses in pursuance of the Act), and were required to deposit one copy with the clerk of the peace and to deliver another to every coroner concerned. Where the coroners' district is situate wholly within the metropolis the London Council will have full power to deal with existing schedules made under this Act. As to apportionment of fees where a coroner's district is partly within and partly outside county of London, see sec. 114 (1), post. 2 The alteration and division of the districts of coroners is regulated by 7 & 8 Vict. c. 92, which provides for the presentation by the justices in general or quarter sessions of a petition to the Crown praying for such alteration or division, and fully provides for the method of obtaining such alteration or division. The powers of the justices will now be transferred to the London Council. But it would seem that the effect of sec. 114 (1), post, is that where existing coroners' districts are situate wholly within the metropolis the existing coroners will continue to act for such districts. Where the districts are situate partly within and partly without the county of London, an arrangement may be made for alteration either forthwith or on the avoidance of the office, sec. 114 (2), post. For present coroners' districts, see Appendix II., Table XIV. It is to be noted that there are in London other coroners than the county coroners as to whom alone this section refers, see as to these notes to sec. 5, post. 3 As to the division of the county into polling districts; the assignment of polling places; and the appointment of places for revision Courts, see 30 & 31 Vict. c. 102, S. 34; 31 & 32 Vict. c. 58, s. 18; 35 & 36 Vict. c. 33, s. 5; 46 & 47 Vict. c. 51, s. 47; and 48 & 49 Vict. C. 15, S. 13. As to carrying out this work in London, see sec. 92 (2), post. In London boroughs outside the city the division is also made under the provisions of these statutes. The powers of the justices out of sessions as regards the division of a borough into polling districts (xiii.) The execution as local authority of the Acts relating to Sect. 3. contagious diseases of animals,1 to destructive insects,2 4 to fish conservancy,3 to wild birds, to weights and are not transferred to the county council. Places of election in the case of a parliamentary borough, or any division of a parliamentary borough, are determined by the returning officer. See 48 & 49 Vict. C. 23, S. 16 (2). As to the costs of the registration of parliamentary voters, see 6 & 7 Vict. c. 18, ss. 54 and 55; 30 & 31 Vict. c. 102, s. 31; 48 & 49 Vict. c. 15, ss. 8 and 14, under which the expenses of the secondaries of the city of London, the high bailiffs of the city of Westminster and borough of Southwark (6 & 7 Vict. c. 18, s. 55), and of returning officers (6 & 7 Vict. c. 18, s. 101) in other London boroughs are to be allowed by the quarter sessions for the county in which such parliamentary boroughs are situate. These powers of quarter sessions will henceforth be exercised by the London Council, subject to the provisions of sec. 92 (2) post. The Acts relating to contagious diseases of animals are 41 & 42 Vict. c. 74; 47 Vict. c. 13; 47 & 48 Vict. c. 47, and 49 & 50 Vict. c. 32. The local authorities for the execution of these Acts in the metropolis were, in the city, the Corporation of London, and in the rest of the metropolis the Metropolitan Board of Works except as to foreign animals as to which the Corporation of London was the local authority, see 41 & 42 Vict. c. 74, s. 9. The Corporation of London will retain its powers under these Acts, but the powers of the Metropolitan Board are transferred to the county council by sec. 40 (8), post. As to the exercise of the powers under these Acts in London, see ante, Chapter V. 2 The local authorities for the execution of the Destructive Insects Act, 1877 (40 & 41 Vict. c. 68), are the same as those for the execution of the Contagious Diseases Acts (See 40 & 41 Vict. c. 68, s. 4 and 41 & 42 Vict. c. 74, s. 4 (4)), and the like result will follow as in the case of the powers under those Acts. 3 The general statutes giving powers to justices at quarter sessions in relation to fish conservancy are inapplicable to London. The rivers Thames and Lea are regulated as to conservancy and navigation by the Thames Conservancy Board and the Lea Conservancy Board, acting under statutory powers. See as to the Thames, 20 & 21 Vict. c. 147 (Private); 27 & 28 Vict. c. 113; 29 & 30 Vict. c. 89; 30 & 31 Vict. c. 101 (Private); 33 & 34 Vict. c. 149 (Private); 41 & 42 Vict. c. 216 (Private); 42 & 43 Vict. c. 73; 46 & 47 Vict. c. 79 (Private); 48 & 49 Vict. c. 76. As to the Lea, 31 & 32 Vict. c. 154 (Private); 37 & 38 Vict. c. 96 (Private). The jurisdiction of these Boards is unaffected by the present Act, but as successors of the Metropolitan Board of Works the London Council will appoint one member of the Lea Conservancy Board. 4 The Acts relating to wild birds are 43 & 44 Vict. c. 35 and 44 & 45 Vict. c. 51. Under these statutes the shooting and taking of wild birds during certain months of the year is prohibited. The powers transferred to the council are powers of application for the exemption of a district from the Acts or for the extension or variation of the close time. Sect. 3. 32 & 33 Vict. c. 49. 49 & 50 Vict. c. 38. measures,1 and to gas meters, and of the Local Stamp (xiv.) [Any matters arising under the Riot (Damages) Act, 1 The Act relating to weights and measures, 41 & 42 Vict. c. 49, requires the local authority to provide local standards; to appoint inspectors of weights and measures: and to fix their remuneration and places of attendance. Power is also given to make bye-laws. The future authorities for the execution of these Acts in London will be for the city of London the Corporation acting by the common council; for the "city" of Westminster, the Court of Burgesses, and for the rest of the metropolis the London Council. See note to sub-sec. ix., ante. 2 The powers conferred upon the quarter sessions of counties by the 22 & 23 Vict. c. 66 (amended by 23 & 24 Vict. c. 146), of providing copies of models of gasholders and stamps for stamping gas meters, and of appointing inspectors of meters were by 24 & 25 Vict. c. 79, s. 1, transferred to the Metropolitan Board of Works so far as regards the metropolis. The powers of the Metropolitan Board are transferred to the county council by sec. 40 (8), post. 3 The Local Stamp Act, 1869 (32 & 33 Vict. c. 49), empowered the quarter sessions of counties in certain cases to order the fees, fines, and penalties payable to the county treasurer or to any person on his account to be received by means of stamps, and to cause dies to be made for carrying the Act into effect. This power is now transferred to the London Council who, however, it would appear must exercise it, if at all, through the joint committee, sec. 30 (3), post. 4 The powers which, by the Riot (Damages) Act, 1886, were given to the justices in quarter sessions outside the metropolitan police district, were in that district given to the receiver of metropolitan police, and in the city to the corporation acting by the common council. By sec. 93 (2), post, nothing in this Act is to alter the authority under the Riot (Damages) Act, 1886, within the metropolitan police district or city of London. The London Council will accordingly have no powers or duties under that Act. 5 The 6 & 7 Vict. c. 36, was passed to exempt land and buildings occupied by scientific and literary societies from payment of rates. To entitle any society to the benefit of the Act three copies of its rules of management must be submitted to the barrister appointed to certify the rules of friendly societies, who is to certify thereon that the society is entitled to exemption, or to state his ground for withholding his certicate. One copy when certified is to be transmitted to the clerk of the peace for confirmation at the next general quarter sessions, and is afterwards to be filed with the rolls of the sessions. If the barrister refuses to certify the rules, the society may submit them to quarter sessions, who may order the rules to be filed notwithstanding such refusal. The London Council will now under this Act occupy the position of the quarter sessions, session of the fifty-second year of the reign of George Sect. 3. (xvi.) Any other business transferred by this Act. local Acts. 4. Where it appears to the Local Government Board that Transfer of any powers, duties, or liabilities of any quarter sessions or justices, certain or any committee thereof, under any local Act are similar in powers under character to the powers, duties, and liabilities transferred to county councils by this Act, or relate to property transferred to a county council by this Act, the Board may, if they think fit, make a Provisional Order for transferring such powers, duties, and liabilities to the county council. 7 of coroners 5.-(1.) After the appointed day a coroner for a county shall Appointment not be elected by the freeholders of the county, and on any vacancy occurring in the office of a coroner for a county, who is elected to that office in pursuance of a writ de coronatore eligendo, a like writ for the election of a successor shall be directed 8 1 The 52 Geo. 3, c. 102, required a memorial of property, &c., of charitable donations to be registered with the clerk of the peace within a limited time. Where any difficulty occurs in preparing the memorial the quarter sessions are empowered to allow further time for registration. They are also empowered to allow out of the income of the charity the reasonable costs of preparing the memorial. This registration where made must it would appear now be made with the clerk of the council, sec. 78 (1 b), post. 2 The 52 Geo. 3, c. 155, required all places of religious worship of Protestants (except places of worship of the Established Church) to be recorded and registered by the quarter sessions. The 18 & 19 Vict. c. 81, however, provided that such places might be registered with the Registrar General of Births, Deaths, and Marriages, and that no place so registered should be recorded or registered at quarter sessions. 3 The 3 & 4 Vict. c. 110, provided that in order that loan societies might have the benefit of the Act a transcript of their rules of management should be certified by the barrister appointed to certify the rules of savings banks, confirmed by quarter sessions and filed by the clerk of the peace (now the London Council and the clerk of the council). 4 Any question as to whether any business is or is not transferred by this Act may be submitted for decision by the High Court of Justice in a summary manner, see sec. 29, post. 5 For definition of powers, duties, and liabilities, see sec. 100, post. 6 As to the making of provisional orders, see sec. 87, post, and provisions of Public Health Act, 1875, thereby incorporated. The appointed day is the 1st of April, 1889, unless the Local Government Board fix some other day, see sec. 109, post. 8 This does not apply to franchise coroners. In the city of London the Lord Mayor is chief coroner, but the officiating coroner for the city |