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within which any bishop, parson, or other ecclesiastical person has any cure of souls or jurisdiction.
"(4.) Any scheme or order made in pursuance of this Act may, so far as may seem necessary or proper for the purposes of the scheme or order, provide for all or any of the following matters, that is to say,(a.) May provide for the abolition, restriction, or establishment, or
extension, of the jurisdiction of any local authority in or over any part of the area affected by the scheme or order, and for the adjustment or alteration of the boundaries of such area, and for the constitution of the local authorities therein, and may deal with the powers and duties of any council, local authorities, quarter sessions, justices of the peace, coroners, sheriff, lieutenant, custos rotulorum, clerk of the peace, and other officer therein, and with the costs of any such authorities, sessions, persons, or officers as aforesaid, and may determine the status of any such area as a component part of any larger area, and provide for the election of representatives in such area, and may extend to any altered area the provisions of any local Act which were previously in force in a portion of the area; and
(b.) May make temporary provision for meeting the debts and liabilities of the various authorities affected by the scheme or order, for the management of their property, and for regulating the duties, position, and remuneration of officers affected by the scheme or order, and applying to them the provisions of this Act as to existing officers; and
(c.) May provide for the transfer of any writs, process, records, and
documents, relating to or to be executed in any part of the area affected by the scheme or order, and for determining questions arising from such transfer ; and
(d.) May provide for all matters which appear necessary or proper for bringing into operation and giving full effect to the scheme or order; and
(e.) May adjust any property, debts, and liabilities affected by the scheme or order.
"(5.) Where an alteration of boundaries of a county is made by this Act an order for any of the above-mentioned matters may, if it appears to the Local Government Board desirable, be made by that Board, but such order, if petitioned against by any council, sessions, or local authority affected thereby, within three months after notice of such order is given in accordance with this Act, shall be provisional only, unless the petition is withdrawn or the order is confirmed by Parliament.
"(6.) A scheme or order may be made for amending any scheme or order previously made in pursuance of this Act, and may be made by the same authority and after the same procedure as the original scheme
or order. Where a provision of this Act respecting a scheme or order SECT. 69. requires the scheme or order to be laid before Parliament, or to be confirmed by Parliament, either in every case or if it is petitioned against, such scheme or order may amend any local and personal Act."
The whole of the section has been set out above, but the important part of it is, no doubt, sub-section (4).
The alteration of the boundaries of a county can be effected only by means of a provisional order of the Local Government Board, under section 54 of the Local Government Act, 1888. A county council may apply to the Board for such an order (section 36, sub-section (5), ante, p. 169).
70. (1.) If any question arises, or is about to arise, as SECT. 70. to whether any power, duty, or.liability is or is not Summary protransferred by or under this Act to any parish council, ceeding for parish meeting, or district council, or any property is or of questions as is not vested in the parish council, or in the chairman to transfer of and overseers of a rural parish, or in a district council, that question, without prejudice to any other mode of trying it, may, on the application of the council, meeting, or other local authority concerned, be submitted for decision to the High Court in such summary manner as, subject to any rules of court, may be directed by the Court; and the Court, after hearing such parties and taking such evidence (if any) as it thinks just, shall decide the question.
SUMMARY DETERMINATION OF QUESTIONS. This provision resembles that in section 29 of the Local Government Act, 1888, under which many questions have been decided. Rules under the above section came into operation on the 1st October last. They provide that the summary proceeding for submitting any question under this section for the decision of the High Court shall be by special case to be agreed upon by the parties, or in default of such agreement to be settled by an arbitrator to be agreed on by the parties or appointed by a judge in chambers, or to be settled by a judge in chambers. The special case, when settled, is to be filed in the Crown Office within eight days, and to be put into the Crown Paper for argument. See the Annual Practice, 1895, vol. ii., p. 375.
Under the corresponding section of the Act of 1888 it was held that the Court would not answer abstract questions on the construction of the Act. See Ex parte Cardigan C.C., 54 J. P. 792.
(2.) If any question arises or is about to arise under Sub-sect. (2).
this Act as to the appointment of the trustees or
beneficiaries of any charity, or as to the persons in whom
SECT. 70. the property of any charity is vested, such question shall, at the request of any trustee, beneficiary, or other person interested, be determined in the first instance by the Charity Commissioners, subject to an appeal to the High Court brought within three months after such determination. Provided that an appeal to the High Court of Justice from any determination of the Charity Commissioners under this section may be presented only under the same conditions as are prescribed in the case of appeals to the High Court from orders made by the Charity Commissioners under the Charitable Trusts Acts, 1853 to 1891.
The questions which are above referred to are those which may arise under sections 5, sub-section (2) (c.), 6, sub-section (1), (a.), (c.), 14, 19, sub-section (7), and 33.
Under the Charitable Trusts Acts, 1860, s. 8, and 1869, ss. 10, 11, the Attorney General or any person authorized by him or by the Commissioners may present a petition to the Chancery Division of the High Court in a summary way appealing from certain orders of the Commissioners. The conditions of appeal which are there prescribed, and which will apply to appeals under this section, are the following:(1) The petition must be presented within three months after the definitive publication of the order; and “definitive publication" has been held to mean "the final publication when the time expired for the receipt of suggestions and objections" (re Hackney Charities, 12 W. R. 1131). (2) Twenty-one days' written notice of the intention to appeal must be given to the Charity Commissioners and to the Attorney General. (3) The court may deal with the costs, and may require security for costs to be given by an appellant other than the Attorney General. The persons who may appeal, and the orders with respect to which an appeal will lie under this section, are clearly pointed out in the text.
(3.) An appeal shall, with the leave of the High Court or Court of Appeal, but not otherwise, lie to the Court of Appeal against any decision under this section.
APPEAL.-Under the corresponding provision in section 29 of the Local Government Act, 1888, there is no appeal to the Court of Appeal. See Ex parte Kent County Council, L. R. (1891) 1 Q. B. 725.
The text gives such an appeal, but only with the leave either of the High Court or of the Court of Appeal.
71. A copy of every order made by a county council or joint committee in pursuance of this Act shall be sent to
the Local Government Board, and, if it alters any local SECT. 71. area or name, also to the Board of Agriculture.
ORDERS OF COUNTY COUNCIL OR JOINT COMMITTEE.-AS to orders by a joint committee of county councils, see section 36, subsection (1), note, p. 158, ante, and sub-section (11).
As to orders altering local names, see section 55, ante, p. 225.
provisions as to county council orders.
72. (1.) The expenses incurred by the Local Govern- SECT. 72. ment Board in respect of inquiries or other proceedings Provisions under this Act shall be paid by such authorities and as to local inpersons and out of such funds and rates as the Board quiries. may by order direct, and the Board may certify the amount of the expenses so incurred, and any sum SO certified and directed by the Board to be paid by any authority or person shall be a debt from that authority or person to the Crown.
EXPENSES OF LOCAL GOVERNMENT BOARD.-Compare the provisions of section 294 of the Public Health Act, 1875. The provision as to the costs being a debt due to the Crown is new.
(2.) Such expenses may include the salary of inspector or officer of the Board engaged in the inquiry or proceeding, not exceeding three guineas a day.
(3.) The Local Government Board and their inspectors Sub-sect. (3). shall have for the purposes of an inquiry in pursuance of this Act the same powers as they respectively have for the purpose of an inquiry under the Public Health Act, 1875.
POWERS OF INSPECTORS.-The Public Health Act, 1875, s. 296, provides that inspectors of the Local Government Board shall, for the purpose of any inquiry by the Board, have in relation to witnesses and their examination, the production of papers and documents, and the inspection of places and matters required to be inspected, similar powers to those which poor law inspectors have under the Acts relating to the relief of the poor for the purposes of those Acts. The 4 & 5 Will. 4, c. 76, s. 12, and 10 & 11 Vict. c. 109, ss. 20, 21, provide for the powers of poor law inspectors. Under these sections an inspector may summon any person to be examined before him, or to produce or verify on oath any books, contracts, agreements, accounts, or copies of the same and not relating to or involving any title to lands (except the property of the local authority). He may examine witnesses on oath or require the party examined to make and subscribe a declaration of the truth of his
Provision as to Sundays and bank holidays.
Provisions as to Scilly Islands.
51 & 52 Vict. c. 41.
Disobedience to any summons, refusing to produce, altering or concealing any books, &c., is a misdemeanour, and evidence falsely given before an inspector is perjury.
(4.) Where a county council hold a local inquiry under this Act or under the Local Government Act, 1888, on the application of the council of a parish or district, or of any inhabitants of a parish or district, the expenses incurred by the county council in relation to the inquiry (including the expenses of any committee or person authorised by the county council) shall be paid by the council of that parish or district, or, in the case of a parish which has not a parish council, by the parish meeting; but, save as aforesaid, the expenses of the county council incurred in the case of inquiries under this Act shall be paid out of the county fund.
EXPENSES OF COUNTY COUNCIL ENQUIRIES.-Sub-section (1) applies to all enquiries by the Local Government Board under this Act. This sub-section applies only to local enquiries held by a county council on the application of a parish or district council or inhabitants, As to the method of obtaining payment of the expenses of a parish council and meeting, see section 11, sub-section (4), and notes, ante, p. 85.
The expenses of all enquiries by county councils under this Act other than those mentioned in this section will fall on the county fund.
See also as to the costs of enquiries by a county council with reference to the compulsory acquisition of land, section 9, subsection (12), and notes, ante, p. 66.
73. When the day on which any thing is required by or in pursuance of this Act to be done is Sunday, Christmas Day, or Good Friday, or a bank holiday, that thing shall be done on the next following day, not being one of the days above mentioned.
It will be noticed that this provision is not permissive merely.
74. This Act shall be deemed to be an Act touching local government within the meaning of section forty-nine of the Local Government Act, 1888, and a provisional order for the Scilly Islands may, on the application of the council of the Isles of Scilly, and after such public notice as appears to the Local Government Board sufficient