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NOTE.

Sect. 3 (viii). the hundred in certain cases, s. 20; accepting bridges as county bridges, s. 21; contributing towards the cost of erecting county bridges, s. 22; reviving liability to repair highways discontinued as unnecessary, s. 24; making byelaws, s. 26; authorizing use of locomotives of certain sizes and weights, s. 28; making bye-laws as to hours for use of locomotives, s. 31; licensing locomotives, s. 32. The provisions as to locomotives have been amended by the Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36), which is set out post. (ix.) The tables of fees to be taken by and the costs to be allowed to any inspector, analyst, or person holding any office in the county other than the clerk of the peace and the clerks of the justices;

38 & 38 Vict. c. 17.

By the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), s. 47, inspectors of weights and measures were to take the fees fixed by the county authority, not exceeding the fees mentioned in the schedule to that Act, and to account for them to the county authority. That section is now repealed by 52 & 53 Vict. c. 21, s. 13, post, under which inspectors are to take the fees therein mentioned and no others, and to account for the same to the county council.

Subsequent Acts relating to weights and measures (55 & 56 Vict. c. 18, and 56 & 57 Vict. c. 19) impose upon county councils duties other than those mentioned in the text. These Acts, and also the Weights and Measures (Metric System) Act, 1897 (60 & 61 Vict. c. 46), are set out post.

The analyst is appointed under the Sale of Food and Drugs Act, 1875 (38 & 39 Vict. c. 63), s. 10, but the Act is silent as to any table of fees or costs, as the cost of analysis of any article of food or drug is fixed by s. 12. Under the Fertilizers and Feeding Stuffs Act, 1893 (56 & 57 Vict. c. 56), s. 4, post, county councils are required to appoint analysts for the purposes of that Act.

It is doubtful whether a parish constable is an officer holding office in the county, but it is submitted that he is, and that the county council must fix the fees and allowances payable to such constables under 5 & 6 Vict. c. 109, s. 17; 13 & 14 Vict. c. 20, s. 2; 35 & 36 Vict. c. 92, s. 11.

For the fees payable to inspectors of gas meters, see 22 & 23 Vict. c. 66, s. 4.

(x.) The appointment, removal, and determination of salaries, of the county treasurer, the county surveyor, the public analysts, any officer under the Explosives Act, 1875, and any officers whose remuneration is paid out of the county rate other than the clerk of the peace and the clerks of the justices;

The county treasurer is appointed pursuant to 12 Geo. 2, c. 29, s. 6. He must give security under that Act to be accountable for the moneys paid to him. He is removable at pleasure (ib. s. 11). His remuneration is in the discretion of the council. 55 Geo. 3, c. 51, s. 17.

The county surveyor is not appointed pursuant to any statute, though by the Statute of Bridges, 22 Hen. 8, c. 5, s. 3, justices are empowered to appoint surveyors for the repair of bridges. The county surveyor is referred to in other statutes, such as those relating to highways, but none of those Acts refer to his appointment or remuneration.

The public analysts are appointed under 38 & 39 Vict. c. 63, s. 10, at such rates of remuneration as may be agreed upon. See s. 39, post, as to analysts in the smaller boroughs.

The county council is the local authority for the administration of the Sect. 3 (x). Explosives Act, 1875 (38 & 39 Vict. c. 17) (see s. 7 (b), p. 18, post), and it is NOTE. necessary for them to appoint officers under that Act. But the provision in the text relates to the powers of quarter sessions, and the officer here referred to as being appointed by quarter sessions is a person whose duty it is to inspect any wharf, carriage, boat, etc., having explosives in transitu. See s. 75 of the Act. The other officers referred to in the section include clerks and servants necessarily employed with reference to county business and in county offices. It has been held that the provision in the text does not apply to coroners: Ex parte London County Council, [1892] 1 Q. B. 33; 61 L. J. Q. B. 27; 65 L. T. (N.S.) 614; 56 J. P. 279; 8 T. L. R. 24. See further as to coroners

the notes to s. 5, post.

(xi.) The salary of any coroner whose salary is payable out of the county rate, the fees, allowances, and disbursements allowed to be paid by any such coroner, and the division of the county into coroners' districts, and the assignment of such districts;

All county coroners are paid out of the county rate. 23 & 24 Vict. c. 116, s. 4, provides for the payment of the coroner's salary, and its revision from time to time, having regard to the number of inquests held. By the Coroners Act, 1887 (50 & 51 Vict. c. 71), s. 25, as applied by this Act, the county council may from time to time make, vary, and alter a schedule of fees, allowances, and disbursements, which, on the holding of an inquest, may lawfully be paid and made by the coroner holding such inquest (other than the fees payable to medical witnesses in pursuance of that Act). By s. 27 of the same Act every coroner is required within four months after holding an inquest to lay his accounts of all sums paid by him before the county council. The Coroners Act, 1892 (55 & 56 Vict. c. 56), post, enables a coroner to appoint a deputy with the approval of the chairman of the county council.

Districts are assigned to coroners under 7 & 8 Vict. c. 92, s. 5, as amended by this Act. See ss. 5, 38, 39, 114, post.

For the purposes of the Coroners Acts the ridings of Yorkshire are (from April 1st, 1898) separate counties, and the county council of each riding is, exclusively, the county authority: Yorkshire Coroners Act, 1897 (60 & 61 Vict. c. 39), post.

As to the right of a coroner to the payment of his salary after the division of his district, see Baxter v. London County Council, 63 L. T. (N.s.) 767; 55 J. P. 391. The provisions in the text do not apply to county boroughs. See s. 34, post. (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;

It will be the duty of a county council, under 30 & 31 Vict. c. 102, s. 34, to divide their county into polling districts, and assign to each district a polling place in such manner, as far as practicable, as to enable each voter to have a polling place within a convenient distance of his residence .. and to name the polling places at which the revising barristers are to hold their courts. This power may be exercised from time to time as may be found

Sect. 3 (xii.) necessary, 31 & 32 Vict. c. 58, s. 18. See also 35 & 36 Vict. c. 33, s. 5; 46 & 47 Vict. c. 51, ss. 47, 68 (2), 69 (9); 48 & 49 Vict. c. 15, ss. 4, 13. And see as to county boroughs, s. 34, sub-s. (6), post.

NOTE.

32 & 33 Vict. c. 49.

As to the expenses and remuneration of clerks of the peace, town clerks, returning officers, overseers, relieving officers, etc., in connection with the registration of voters, see 6 & 7 Vict. c. 18, ss. 54, 55, 57; 30 & 31 Vict. c. 102, s. 31; 31 & 32 Vict. c. 58, ss. 23, 31, 32; 41 & 42 Vict. c. 26, s. 30; 48 & 49 Vict. c. 15, ss. 8, 14; 51 Vict. c. 10, ss. 8, 9, 11.

It is impossible in the space at disposal in a work of this kind to do more than enumerate the statutory provisions, for full details root

reader is referred to the recent edition of

work on the Registration of Voters.

(xiii.) The execution as local aut contagious diseases of anim: conservancy, to wild birds, to gas meters, and of the I The Contagious Diseases (Animals) Ac by the Diseases of Animals Act, 1894 ( 41 & 42 Vict. c. 74, s. 34, and 49 & 50 V s. 39, post, that nothing in that section sl any powers, duties, or liabilities under s. amended by s. 9 of the 49 & 50 Vict. c. 32 the note to s. 39, post. The Act of 1894 ha Animals Act, 1896 (59 & 60 Vict. c. 15). T

The Destructive Insects Act is the 40 & 4. council as local authority might be ordere compensation for any crops removed or destr the spreading of the Colorado beetle.

The county council have the power of apl of applying to the Board of Trade to form fi c. 109, s. 33; 28 & 29 Vict. c. 121, ss. 4 to 26 to 33; 41 & 42 Vict. c. 39, s. 6; 47 & 48 ▼ By the Wild Birds Protection Act, 1880 (4: of State may upon application by the county extend or vary the time during which the ki any of them is prohibited by that Act. The c. 51, but that Act does not confer any additio It is further provided by 57 & 58 Vict. c. 24, p upon application of a county council, by order of wild birds' eggs in any year or years in any or the taking or destroying of the eggs of within the county or part thereof as recomi Under the same Act an order may also be m within any county to any species of wild bird the principal Act. By the 59 & 60 Vict. c. 56,1 extending the close time for particular birds t year and enabling the council of a county borough to exercise the same powers as a county council under 57 & 58 Vict. c. 24.

шние

whole or any part of the

Under the Weights and Measures Act, 1878 (41 & 42 Vict. c. 49), s. 40, it is the duty of the county council, as local authority, to provide local standards of weights and measures, and fix the place at which the standards are to be deposited. They must also provide proper means for verifying weights and measures by comparison with the local standards, and for stamping the

NOTE.

weights and measures so verified. The expenses of executing the Act are Sect. 3 (xiii) payable out of the county rate. Two or more county councils may combine as regards either the whole or any part of the areas within their jurisdiction for all or any of the purposes of the Act upon such terms and in such manner as may be from time to time mutually agreed upon. The county council may under s. 53 make bye-laws as to the local verification of weights and measures. The county council also appoint an inspector under s. 43, and fix the times and places at which he is to attend. By s. 39, post, in the boroughs having a population of less than 10,000, such boroughs are, for the purposes of the Weights and Measures Acts, to form part of the county. The Act of 1878 has been amended by 52 & 53 Vict. c. 21; 55 & 56 Vict. c. 18; 56 & 57 Vict. c. 19; and 60 & 61 Vict. c. 46; some of these Acts impose important duties on county councils; they are set out post.

The Acts relating to gas meters are 22 & 23 Vict. c. 66, and 23 & 21 Vict. c. 146. By these Acts models of gas holders measuring the cubic foot are to be deposited with the (county council) at such places as they shall direct. The council are also to appoint inspectors. The expenses are to be paid out of the county rates. By s. 39, post, smaller boroughs are to form part of the county for the purposes of these Acts. The verification of local and working standards used by a county council in testing meters is regulated by the Weights and Measures Acts, 1878 and 1889; see s. 15 of the latter Act.

The Local Stamp Act is the 32 & 33 Vict. c. 49. It provides that when all the clerks of petty and special sessions and justices within a county are paid by salary, the justices in quarter sessions may order that all fees and penalties payable to the treasurer be paid and received by stamps. Questions as to the application of the Act are to be referred to and determined by the Standing Joint Committee under s. 30 (3), post, p. 66. The expenses of the Act are to be defrayed out of the county rate.

c. 38.

(xiv.) Any matters arising under the Riot (Damages) Act, 1886; 49 & 50 Vict. The county council thus succeed to the powers and duties of the quarter sessions under the Riot (Damages) Act, 1886 (49 & 50 Vict. c. 38). Compensation payable under that Act to any person whose property has been injured, stolen, or destroyed by rioters will be paid by the council out of the police rate. These matters are not transferred to the council of the county of London. See s. 93, sub-s. (2), post.

(xv.) The registration of rules of scientific societies under the Act of the session of the sixth and seventh years of the reign of Her present Majesty, chapter thirty-six; the registration of charitable gifts under the Act of the session of the fifty-second year of the reign of George the Third, chapter one hundred and two; the certifying and recording of places of religious worship under the Act of the session of the fifty-second year of the reign of George the Third, chapter one hundred and fifty-five; the confirmation and record of the rules of loan societies under the Act of the session of the third and fourth years of the reign of Her present Majesty, chapter one hundred and ten; and

The 6 & 7 Vict. c. 36, is the Act under which scientific and literary societies are entitled to exemption from payment of rates. In order to entitle any

NOTE.

Sect. 3(xv). society to exemption under the Act a copy of its rules must be submitted to the barrister appointed to certify the rules of friendly societies, who inquires and certifies whether the society is within the Act. His certificate, given upon the copy of the rules, is afterwards affirmed and allowed by the (county council) and filed by the clerk of the (council). The central office under the Friendly Societies Act, 1896 (59 & 60 Vict. c. 25), is now substituted for the barrister above mentioned. See s. 2 of that Act.

Transfer of certain

local Acts.

The 52 Geo. 3, c. 102, provides that a memorial or statement of the real and personal estate, and of the income, investment, and objects of all charities and charitable donations for the benefit of the poor or other persons in England and Wales, together with the names of the founders, the names of the persons possessing the deeds, wills, or other instruments by which the charities were founded, and the names of the trustees shall, within twelve months after execution of such deeds, wills, etc., be registered in the office of the clerk of the (county council).

The 52 Geo. 3, c. 155, s. 2, provides that no congregation or assembly for religious worship of protestants (at which there shall be present more than twenty persons besides the immediate family and servants of the person in whose house or upon whose premises such meeting, assembly, or congregation shall be held) shall be permitted or allowed, if the same shall not have been duly certified to the bishop of the diocese, or to the archdeacon, or to the (county council). The provisions of the Act were extended to places of worship of Roman Catholics by the 2 & 3 Will. 4, c. 115, and of Jews by the 9 & 10 Vict. c. 59, s. 2. The 18 & 19 Vict. c. 81, s. 1, exempts certain congregations or assemblies from its provisions. It should be observed also that these places may now be registered and recorded by the RegistrarGeneral, and in these cases they need not be registered under the 52 Geo. 3, c. 155 (see 18 & 19 Vict. c. 81).

By the 3 & 4 Vict. c. 110, s. 4, it is provided that copies of the rules of every loan society are to be submitted to the barrister appointed to certify the rules of savings banks, who is to certify whether such rules are in conformity with law, and a transcript as certified is to be sent to the clerk of the peace and allowed and confirmed by the (county council). The central office under the Friendly Societies Act, 1896, is now substituted for the barrister. See s. 2 of that Act.

(xvi.) Any other business transferred by this Act.

See Part II. of this Act, post.

For the general provisions as to powers transfered to county councils, see ss. 28, 29, post.

4. Where it appears to the Local Government Board that any powers under powers, duties, or liabilities of any quarter sessions or justices, or any committee thereof, under any local Act are similar in 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.

This section provides for the transfer to county councils of powers, duties, and liabilities similar to those transferred by the last section where these depend on local Acts, or relate to property transferred to a county council by this Act. A transfer under this section is to be effected by Provisional

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