county for any of the above purposes, nothing in this Act Sect. 59 (2)
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 within which any bishop, parson, or other
ecclesiastical person has any cure of souls or jurisdiction.

As to the definition of "administrative county," see s. 100, post. The opening words of the sub-section merely mean that a place "shall form part of such county for the exercise therein of their respective offices by the officers there named; the section cannot be treated as intended to affect the question of the coroner's appointment," in a liberty which by this Act forms part of the county. 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.

As to coroners whose district is in two administrative districts, see s. 5, sub-ss. (3), (4), ante, p. 16.

(3.) For the purposes of parliamentary elections, and of the registration of voters for such elections, the sheriff, clerk of the peace, and council of the county in which any place is comprised at the passing of this Act, for the purpose of parliamentary elections shall, save as otherwise provided by the scheme or order, or by the County Electors Act, 1888, or this Act, continue to have the same 51 & 52 Vict. powers, duties, and liabilities as they would have had if no alteration c. 10. of boundary had taken place.

(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

Sect. 59 (4).

(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.

It is necessary before any order altering areas or boundaries is made to make careful inquiry for the purpose of ascertaining what authorities have jurisdiction within the area affected, in order that overlapping of areas of local government may be avoided: see s. 60, post.

The expression "local authority" as used in paragraph (a) of this sub-section seems to have a very wide application, and to include not only urban and rural district councils, but parish councils, burial boards, school boards, joint hospital boards, and, in fact, any body which exercises jurisdiction in the area dealt with by the orders. It has been held that the expression includes a burial board, and that a county council may in exercise of its powers under this section alter an area formed under the Burial Acts. R. v. Durham County Council (WRIGHT and BRUCE, JJ.), January 13th, 1897, reported only in Local Government Chronicle, 1897, p. 70. If an order dividing a parish, in the whole of which the Burial Acts were in force, does not expressly provide for the alteration of the Burial Acts area, that area will, it seems, remain unaltered, and to meet the expenses under those Acts, precepts may be issued to the overseers of the new parishes (formed by the division) under 18 & 19 Vict. c. 128, s. 13. R. v. Keighley (Overseers of) (WRIGHT and BRUCE, JJ.), January 11th, 1897, Local Governmeut Chronicle, 1897, p. 47.

It is submitted, however, that in such a case the order itself should definitely provide either for the continuance of the old authority, or some sub-titute for it, over both parts with all proper powers of raising money for expenses and the like, or for the abolition of the jurisdiction of the authority in one of the parts, and its continuance in the other. For instance, where a parish divided by the order has a school board, that board might be kept alive as the school board of a united district comprising the new parishes formed by the division, see Elementary Education Act, 1870, ss. 40 et seq; where the old parish has adopted the Burial Acts, recourse may be had to some such expedient as was adopted in s. 53 of the Local Government Act, 1894, post, and supplemented by the 60 & 61 Vict. c. 40, post. In Huddersfield Corporation v. Ravensthorpe Urban District Council, [1897] 2 Ch. 121; 66 L. J. Ch. 581; 76 L. T. (N.s.) 817; 45 W. R. 642; 61 J. P. 596; it was held by the Court of Appeal that the mere extension of their district by an order under s. 57, ante, does not give power to an urban district council to supply water in the added area except subject to s. 52 of the Public Health Act, 1875, and LINDLEY, L.J., there

expresses a doubt whether a county council can (by an order under s. 57, ante, Sect. 59 (4). and this section) interfere with the rights of the existing water authority in the added area under s. 52 of the Public Health Act, 1875.

The division of a district or parish may also involve making provision for the status of each part as a component part of the union or county district. In every case, any necessary provision should be made for the continuance in office of existing representatives and for the election of future members.

It will be necessary to extend the provisions of a local Act in the case of the extension of an urban district in which the local Act is in force.

The provisions of this Act as to existing officers are contained in s. 120, post. The Local Government Board generally require some provision as to existing officers to be made in every order. This provision should clearly specify the fund out of which compensation to existing officers should be paid, otherwise a difficulty may arise as in West v. Wilts County Council, 10 T. L. R. 19.

As to adjustment, the county council appear to have power by their order to provide for everything to which the parties to the order may agree under s. 62, post. In so far as the order does not so provide, it seems that the provisions of s. 62 will apply. See Sowerby Urban District Council v. Mytholmroyd District Council, 74 L. T. (N.s.) 313; 12 T. L. R. 300.

(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.

An alteration of boundaries of a county is made by the Act under 88. 40, 48, 49, 50.

As to provisional orders, see s. 87, post.

(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 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.

Orders must be laid before Parliament under s. 57, sub-s. (6). Provisional orders must in every case be confirmed by Parliament. See s. 87, post.

As to what is a local and personal Act within the meaning of this subsection, see R. v. London County Council, [1893] 2 Q. B. 455; 63 L. J. Q. B. 4; 69 L. T. (N.S.) 580; 42 W. R. 1 ; 58 J. P. 21.

NOTE.

to alteration

60. In every alteration of boundaries effected under the authority General of this Act, care shall be taken that, so far as practicable, the provision as boundaries of an area of local government shall not intersect the of boundaries. boundaries of any other area of local government.

Areas of local government include unions, urban and rural districts, parishes, and similar areas.

Sect. 60.

NOTE. Appointment of commissioners.

The Local Government Act, 1894, s. 36, post, contains more explicit directions as to the avoidance of the overlapping of boundaries of areas of local government.

61.-(1.) For the purposes of this Act the Right Honourable Edward Henry, Earl of Derby, the Right Honourable George John Shaw-Lefevre, John Lloyd Wharton, Esquire, Francis Mowatt, Esquire, C.B., and Joseph J. Henley, Esquire, shall be appointed Commissioners.

(2.) If a vacancy occurs in the office of any of the Commissioners by reason of death, resignation, incapacity, or otherwise, it shall be lawful for Her Majesty the Queen, under Her Royal Sign Manual, to appoint some other person to fill the vacancy, and so from time to time as often as occasion requires.

(3.) The Commissioners may from time to time, with the assent of the Treasury as to number, appoint or employ such number of officers and persons as they may think necessary for the purpose of the execution of their duties under this Act, and may remove any officer or person so appointed or employed.

(4.) There shall be paid to any officer or person appointed or employed under this section, such salaries or other remuneration as the Treasury may assign, and that remuneration and all expenses of the Commissioners, incurred with the sanction of the Treasury in the execution of this Act, shall be paid out of moneys provided by Parliament.

(5.) On holding any inquiry for the purposes of this Act, any Commissioner or officer of the Commissioners shall have the same powers as an inspector of the Local Government Board has on 38 & 39 Vict. holding a local inquiry under the Public Health Act, 1875.

c. 55.

(6.) There shall be paid to the Commissioners by the councils of the counties and county boroughs whose financial relations are adjusted by the Commissioners in pursuance of this Act, such amounts as the Treasury may fix as necessary for the payment of the costs of such adjustment, including a proper share of the salaries and remuneration of the officers and persons appointed or employed by such Commissioners, and such amounts shall be paid into the Exchequer, and the amount so paid shall be included as part of the adjustment.

(7.) The authority of the Commissioners shall extend to the settlement and the determination by them, on such terms and in such manner as they, in their absolute discretion, think most just and fit, of the matters referred to them, and also of all such matters and questions as are, in their judgment, incident thereto or consequent thereon, to the end that their award or awards may effect a final settlement, and until a final settlement is made the authority of the Commissioners shall extend to determine the proportions in which payments are to be made to the councils of

counties and county boroughs out of the Local Taxation Account, Sect. 61 (7). and all payments so made shall be taken into account in the making of the adjustment.

(8.) Every award, order, and other instrument made by or proceeding from the Commissioners, shall be binding and conclusive to and for all intents and purposes, and shall have the like effect as if it had been made by a judge of the High Court of Justice in England, and shall be acted on, obeyed, executed, and enforced by all sheriffs and other officers and persons accordingly. No such award, order, or other instrument shall be removable by any writ or process into any of Her Majesty's Courts, and the Commissioners proceedings or acts shall not be liable to be interfered with or questioned by or in any court, or elsewhere, by way of mandamus, prohibition, injunction, or otherwise.

(9.) The costs of and attending the inquiry and award shall be borne and paid by the parties out of the fund or rate applicable to their general expenses, in such proportions as the Commissioners may direct, and the Commissioners may order the taxation of any costs in such manner as they may see fit.

(10.) The powers of the Commissioners shall, unless continued by Parliament, cease on the last day of December, one thousand eight hundred and ninety.

The powers of the Commissioners were kept in force by the Expiring Laws Continuance Acts, 1890 and 1891, but finally expired on June 30th, 1892. The final report of the Commissioners as to their proceedings is set out, post.

62.-(1.) Any councils and other authorities affected by this Adjustment of property Act or by any scheme, order, or other thing made or done in and pursuance of this Act, may from time to time make agreements liabilities for the purpose of adjusting any property, income, debts, liabilities, and expenses, so far as affected by this Act or such scheme, order, or thing, of the parties to the agreement, and the agreement and any other agreement authorised by this Act to be made for the purpose of the adjustment of any property, debts, liabilities, or financial relations, may provide for the transfer or retention of any property, debts, and liabilities, with or without any conditions, and for the joint use of any property, and for the transfer of any duties, and for payment by either party to the agreement in respect of property, debts, duties, and liabilities so transferred and retained, or of such joint user, and in respect of the salary, remuneration, or compensation payable to any officer or person, and that either by way of a capital sum, or of a terminable annuity for a period not exceeding that allowed by the commissioners under this Act or the Local Government Board.

This provision gives to councils and other authorities very wide powers as