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65. Where any improvement commission affected by SECT. 65. this Act have any powers, duties, property, debts, or Saving for liabilities in respect of any harbour, the improvement harbour commission shall continue to exist and be elected for the powers. purpose thereof, and shall continue as a separate body, as if this Act had not passed, and the property, debts, and liabilities shall be apportioned between the district council for the district and the commission so continuing and the adjustment arising out of the apportionment shall be determined in manner provided by this Act.
This section will apply where the commissioners under an improvement Act have powers, &c., in respect of a harbour. The commissioners will be elected as heretofore, and will continue to have the same powers as to the harbour. The property, debts, and liabilities of the improvement commissioners will be apportioned between the district council and the commissioners for harbour purposes, or an adjustment will be made according to section 68, post.
66. Nothing in this Act shall affect the trusteeship, management, or control of any elementary school.
"Elementary school" is defined by section 75, sub-section (2), post. Section 4, ante, provides that any suitable room in a public elementary school may, under certain circumstances, be used for the meetings of different bodies and persons. A certain control over the use of such rooms is thus given to the bodies and persons named, but the general control over the school is not affected, and it does not appear that section 4 and the present section are inconsistent with each other.
Saving for elementary schools.
67. Where any powers and duties are transferred by SECT. 67. this Act from one authority to another authority—
Transfer of property and
(1.) All property held by the first authority for the debts and
purpose or by virtue of such powers and duties liabilities.
(2.) The latter authority shall hold the same for the Sub-sect. (2). estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not passed, so far as
Adjustment of property and liabilities.
the same are not modified by or in pursuance of this Act; and
(3.) All debts and liabilities of the first authority incurred by virtue of such powers and duties shall become debts and liabilities of the latter authority, and be defrayed out of the like property and funds out of which they would have been defrayed if this Act had not passed.
TRANSFER OF PROPERTY, DEBTS, AND LIABILITIES.—The following are instances of cases in which the above provisions will apply :
(1.) Transfer of legal interest in all property vested in overseers, or in churchwardens and overseers of a rural to parish council (section 5, sub-section (1), (c.)).
(2.) Transfer to parish council of rural parish of powers, duties, and liabilities of vestry and churchwardens (section 6, sub-section (1), (a.), (b.)); overseers, overseers and churchwardens, as to matters specified in section 6, sub-section (1), (c.); and of allotment wardens (section 6, sub-section (4)).
(3.) Transfer of powers, &c., of authority under the adoptive Acts to parish council (sections 7 and 53, sub-sections (1), (2)), or to urban district council (section 62).
(4.) Transfer to rural district council of powers, &c., of rural sanitary authority and highway authority (section 25).
(5.) Transfer to district councils of powers of justices out of sessions and of quarter sessions (sections 27 and 32).
The definition of "liabilities" in section 100 of the Local Government Act, 1888, which is incorporated with this Act by section 75, post, should be referred to. It has already been set out, ante, p. 222.
An exception to the application of this section will arise where powers and duties are transferred under section 19, sub-sections (4) and (5), in a parish which has no parish council. In such a case the powers and duties are transferred to the parish meeting, but the property is vested in the corporate body of the chairman and overseers (sub-sections (6) and (7)).
68. (1.) Where any adjustment is required for the purpose of this Act, or of any order, or thing made or done under this Act, then, if the adjustment is not otherwise made, the authorities interested may make agreements for the purpose, and may thereby adjust any property, income, debts, liabilities, and expenses, so far
as affected by this Act, or such scheme, order, or thing, SECT. 68. of the parties to the agreement.
ADJUSTMENT.—In some cases an adjustment under this Act is specially provided for. See, for example, section 54, sub-section (1) (c). When there is no such special provision, an adjustment may be necessary under this section. It is impossible to exhaust the cases in which such adjustment will be required, but it may be stated generally that when a parish having property or debts is divided, the property and debts must be apportioned between the two new parishes. So if one parish is added to another, an arrangement must be made so that one does not receive an undue advantage or disadvantage, by reason of the property and debts becoming common to the united parish. Thus, if one had property and the other had none, it would be fair for the latter to make some equivalent contributions to the common stock. The same principles will apply equally if the area of a district is changed. And there will generally be some adjustment in respect of compensation to existing officers.
(2.) The agreement may provide for the transfer or Sub-sect. (2). retention of any property, debts, or liabilities, with or without any conditions, and for the joint use of any property, and for payment by either party to the agreement in respect of property, debts, and liabilities so transferred or retained, or of such joint user, and in respect of the salary or remuneration of any officer or person, and that either by way of an annual payment or, except in the case of a salary or remuneration, by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed by the Local Government Board: Provided that where any of the authorities interested is a board of guardians, any such agreement, so far as it relates to the joint use of any property, shall be subject to the approval of the Local Government Board.
PROVISIONS TO BE MADE ON ADJUSTMENT.-Property belonging to the undivided area may be retained by or transferred to one of the divisions. The other must make some return, as by taking the sole burden or a greater share of some liability, or by the payment of some capital or annual sum. Debts and liabilities may be adjusted in like
The payment or remuneration of an officer may be a subject of adjustment if the officer remains in the service of both constituted
SECT. 68. authorities. And the compensation payable to an officer under section 81, sub-section (7), post, may have to be adjusted in like manner.
The proviso only applies where one of the authorities is a board of guardians, and the agreement relates to the joint use of property.
(3.) In default of an agreement, and as far as any such agreement does not extend, such adjustment shall be referred to arbitration in accordance with the Arbitration 52 & 53 Vict. Act, 1889, and the arbitrator shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessarily, and any other costs which he considers to have been incurred unnecessarily, and his award may provide for any matter for which an agreement might have provided.
ARBITRATION.-The award will be by a single arbitrator appointed by agreement or by order of the court in case of difference. The terms of the submission, unless altered by agreement, will be those mentioned in the First Schedule to the Act of 1889, with the additional power as to costs mentioned in the text.
(4.) Any sum required to be paid by any authority for the purpose of adjustment may be paid as part of the general expenses of exercising their duties under this Act, or out of such special fund as the authority, with the approval of the Local Government Board, direct, and if it is a capital sum the payment thereof shall be a purpose for which the authority may borrow under the Acts relating to such authority, on the security of all or any of the funds, rates, and revenues of the authority, and any such sum may be borrowed without the consent of any authority, so that it be repaid within such period as the Local Government Board may sanction.
GENERAL EXPENSES.-See the notes to section 29.
BORROWING POWERS. A parish council may borrow under section 12 of this Act, ante, p. 87.
Urban and rural district councils may borrow in manner provided by the Public Health Act, 1875, s. 233, and following sections. In the case of a rural district council the security for the loan is the rate for general expenses, (ante, p. 146,) and in the case of special expenses the rates of the particular parish or parishes upon which the expenses are chargeable. Guardians may borrow under 52 & 53 Vict. c. 56, s. 2.
No consent will be required for the loan, but the period of repayment will be fixed by the Local Government Board.
(5.) Any capital sum paid to any authority for the SECT. 68. purpose of any adjustment 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.
APPLICATION OF CAPITAL SUMS.-The effect of this provision is to prevent the application of the sums in question in aid of current rates. Such sums may be applied in repayment of debt or for any other purpose for which money might be borrowed.
Power to deal
69. Where an alteration of any area is made by this SECT. 69. Act, an order for any of the matters mentioned in section fifty-nine of the Local Government Act, 1888, may, if it with matters appears to the county council desirable, be made by the arising out of alteration of county council, or, in the case of an area situate in more boundaries. than one county, by a joint committee of county councils, but nothing in this section shall empower a county council or joint committee to alter the boundaries of a county.
Section 59 of the Local Government Act, 1888, provides as follows:
"(1.) A scheme or order under this Act may make such administrative and judicial arrangements incidental to or consequential on any alteration of boundaries, authorities, or other matters made by the scheme or order as may seem expedient.
"(2.) A place which is part of an administrative county for the purposes of this Act shall, subject as in this Act mentioned, form part of that county for all purposes, whether sheriff, lieutenant, custos rotulorum, justices, militia, coroner, or other: Provided that(a.) Notwithstanding this enactment, each of the entire counties of York, Lincoln, Sussex, Suffolk, Northampton, and Cambridge, shall continue to be one county for the said purposes so far as it is one county at the passing of this Act; and (b.) This enactment shall not affect the existing powers or privileges of any city or borough as respects the sheriff, lieutenant, militia, justices, or coroner; but if any county borough is, at the passing of this Act, a part of any county for any of the above purposes, nothing in this Act shall prevent the same from continuing to be part of that county for that purpose; and
(c.) This enactment shall not affect parliamentary elections nor the right to vote at the election of a member to serve in Parliament, nor land tax, tithes, or tithe rentcharge, nor the area