Order of the Local Government Board. As to the making of a Provisional Section 4. Order, see s. 87, post.

NOTE.

by county

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 of coroners occurring in the office of a coroner for a county, who is elected to council. that office in pursuance of a writ de coronatore eligendo, a like writ for the election of a successor shall be directed to the county council of the county instead of to the sheriff, and the county council shall thereupon appoint a fit person, not being a county alderman or county councillor, to fill such office, and in the case of a county divided into coroners' districts shall assign him a district; and any person so appointed shall have like powers and duties, and be entitled to like remuneration, as if he had been elected coroner for the county by the freeholders thereof.

For the meaning of the phrase "appointed day," see s. 109, post. Formerly the county coroner was elected by the freeholders of the county. A writ de coronatore eligendo was issued to the sheriff, who thereupon held an election. See the sections of the Coroners Act, 1887 (50 & 51 Vict. c. 71), repealed by sub-s. (6), infra. The writ is now directed to the county council. It should be observed that this section only applies to such a coroner as would previously have been elected by the freeholders, not to the coroner for a liberty or other franchise. Ex parte London County Council, [1892] 1 Q. B. 33; 61 L. J. Q. B. 27; 64 L. T. (N.s.) 614; 56 J. P. 279; 8 T. L. R. 24.

As an alderman or councillor may not be appointed, a member of the council must resign if he desires to become a candidate for the coronership. This will involve payment of the usual fine under the Municipal Corporations Act, 1882, s. 36, post.

The duty of assigning coroners' districts devolves upon the county councils under s. 3 (xi.), ante. See further as to coroners' districts sub-s. (3), infra, and s. 114 as to coroners' districts situate in the county of London. The area of a borough with a population under 10,000 is to be subject to the authority of the county coroner, and may be annexed by the county council to a coroner's district of the county. See s. 38, post.

As to the effect of the divisions of a district on a coroner's right to receive his salary fixed at the last revision, see Baxter v. London County Council, 63 L. T. (N.s.) 767; 55 J. P. 391. As to the appointment of a deputy coroner, see the Coroners Act, 1892 (55 & 56 Vict. c. 56), post.

(2.) Where the district of any such coroner is situate wholly within any administrative county, the council of that county shall, subject as hereinafter mentioned, appoint the coroner.

For the definition of "administrative county," see s. 100, pest.

The case of a district extending into two administrative counties is provided for by the next sub-section.

(3.) Where the district of any such coroner is situate partly in one and partly in another administrative county forming part of an entire county, the joint committee for the entire county may arrange for the alteration in manner provided by law of the district,

Sect. 5 (3). so that, on the next avoidance of the office of coroner of that district, or at any earlier time fixed by the joint committee when

the alteration is made, the coroners' district shall not be situate in more than one administrative county.

The joint committee here referred to is the committee of the two or more county councils appointed under s. 46, post.

The manner provided by law is by petition to Her Majesty praying that an alteration be made in the division of the county into coroners' districts. Notice of the petition is given to the coroners of the county. If the divisions are altered to the prejudice of any of the coroners, compensation must be paid to him (7 & 8 Vict. c. 92). The alteration may take effect on the next avoidance of the office of coroner of the district, or at an earlier period fixed by the joint committee.

As to the application of this sub-section to the ridings of Yorkshire, see the Yorkshire Coroners Act, 1897 (60 & 61 Vict. c. 39), post.

(4.) Until such arrangement is made, the joint committee for the entire county shall appoint the coroner for the said district, and the amount payable in respect of the salary, fees, and expenses of such coroner shall be defrayed in like manner as costs of the joint committee are directed by this Act to be defrayed.

As to the joint committee and their expenses, see s. 46, post. As to the salary, fees, and expenses of the coroner, see the note to s. 3 (xi.), ante.

(5.) Nothing in this Act respecting the appointment of a coroner shall alter the jurisdiction of a coroner for the entire county, or any power of removing such coroner, whether by writ de coronatore exonerando or otherwise, and all writs for the election or removal of a coroner shall be altered so as to give effect to this section.

Though a coroner has a district assigned to him, he is nevertheless coroner for the entire county. See 7 & 8 Vict. c. 92, s. 19.

A coroner is chosen for life, but he may be removed either by being made sheriff or chosen verderer, which are offices incompatible with that of coroner, or by the writ de coronatore exonerando for a cause to be therein assigned, as that he is engaged in other business, is incapacitated by years or sickness, hath not a sufficient estate in the county, or lives in an inconvenient part of it. Fitz. N. B. 163, 184; 2 Inst. 132. By the Coroners Act, 1887 (50 & 51 Vict. c. 71, s. 8), the Lord Chancellor may remove any coroner for inability or misbehaviour in the discharge of his duty. An instance of an application to remove a coroner on the ground of misbehaviour is In re the Coroner for West Surrey, 47 J. P. 166. By the same section a coroner who is guilty of extortion, or of corruption, or of wilful neglect of his duty, or of misbehaviour in the discharge of his duty, shall be guilty of a misdemeanor, and, in addition to any other punishment, may, unless his office of coroner is annexed to any other office, be adjudged by the court before whom he is so convicted to be removed from his office. By s. 10 a coroner shall not by himself or his partner, directly or indirectly, act as solicitor in the prosecution or defence of a person for an offence for which such person is charged by an inquisition taken before him as coroner, whether such person is tried on that inquisition or on any bill

of indictment found by a grand jury. If a coroner acts in contravention of this Sect. 5 (5). section he shall be deemed guilty of misbehaviour in the discharge of his duty.

NOTE.

(6.) Sections eleven and fourteen and the First Schedule of the Coroners Act, 1887, and any other enactment relating to the 50 & 51 Vict. election of a coroner for a county by the freeholders of such c. 71. county or any district thereof, are hereby repealed as from the appointed day, without prejudice to anything done or suffered, or any legal proceeding commenced or penalty incurred before such repeal takes effect.

For the meaning of the phrase "appointed day," see s. 109, post.

The repealed sections of the Coroners Act, 1887, are those which regulate the election of a coroner by the freeholders.

(7.) A person who holds the office of coroner shall not be qualified to be elected as a county alderman or county councillor for the county for which he is a coroner.

By sub-s. (1) a person who is an alderman or councillor may not be elected coroner for the county. This sub-section provides that a county coroner shall not be qualified to be elected an alderman or councillor.

council as to

6. The county council shall have power to purchase, or take over Power of on terms to be agreed on, existing bridges not being at present bridges. county bridges, and to erect new bridges, and to maintain, repair, and improve any bridges so purchased, taken over, or erected.

In the note to s. 3 (viii.) the public bridges which are not county bridges have been mentioned. These are for the most part bridges which have been built since the passing of the 43 Geo. 3, c. 59, s. 5, and without such superintendence as is provided by that section, and which have not been taken over by the county under 41 & 42 Vict. c. 77, s. 21. Such bridges may now be taken over on such terms as may be agreed upon, though it is not quite clear who are to be the other parties to the agreement, unless it is some person or local authority now liable to repair the bridges. In addition to these bridges there are bridges built by private persons or bodies which have never been dedicated to public use, though the public may have used them by permission or on payment of toll. The county council may purchase or take over such bridges on terms to be agreed on.

It is further provided by the Highways and Bridges Act, 1891 (54 & 55 Vict. c. 63), that county councils and highway authorities may enter into agreements in relation to the construction, etc., of bridges. This Act is set out, post.

7. There shall be transferred to the county council on and after Transfer to the appointed day the business of the justices of the county out of county

session

council of certain

(a.) in respect of the licensing of houses or places for the public powers of

performance of stage plays, and

justices out of session.

(b.) in respect of the execution as local authority of the 38 & 39 Vict. Explosives Act, 1875.

As to the transfer to the county council of similar powers formerly vested in borough justices, see s. 36, post, p. 82.

Houses or places for the performance of stage plays are licensed under

c. 17.

Sect. 7.
NOTE.

Reservation

of business to

quarter sessions.

Powers as to police.

6 & 7 Vict. c. 68. The licences were formerly granted by the justices of a division in special sessions, the sessions being convened by the clerk. It is difficult to apply such a provision to the county council, for it can hardly be contemplated that a special meeting of the county council must be called to hear an application for a theatre licence. The difficulty is frequently avoided by delegating this duty under s. 28, post.

The Explosives Act, 1875, is the 38 & 39 Vict. c. 17. Under that Act the local authority were the justices in petty sessions (except in the city of London, the metropolis, boroughs, and harbours within the jurisdiction of harbour authorities). In the metropolis the local authority was the Metropolitan Board of Works, whose powers and duties are now transferred to the London County Council. The duties of local authorities under the Act cannot here be stated in detail. They relate to (1) the manufacture, (2) keeping, (3) sale, (4) transport, and (5) importation of explosives; and they include the granting of licences and the registration of premises for the manufacture, keeping, etc., of explosives.

It is provided by s. 28, post, that the county council may delegate their powers under the Act to any committee or district council, and inay delegate their powers under the above-mentioned Acts to justices in petty sessions.

8. (1.) Nothing in this Act shall transfer to a county council any business of the quarter sessions or justices in relation to appeals by any overseers or persons against the basis or standard for the county rate or against that or any other rate.

This sub-section reserves to quarter sessions their powers and duties of hearing appeals against rates generally, and also appeals against the county rate basis. It will be remembered that by s. 3 (i.), ante, the duty of preparing the basis is transferred to the county council.

As to appeals against the county rate basis, and against the county rate, see 15 & 16 Vict. c. 81, ss. 17 and 22, and Local Government Act, 1894, s. 6 (1) (c) (i), post.

(2.) All business of the quarter sessions or any committee thereof not transferred by or in pursuance of this Act to the county council shall be reserved to and transacted by the quarter sessions or committee thereof in the same manner, as far as circumstances admit, as if this Act had not passed.

This is a general reservation in respect of business not transferred to the county council. It was really unnecessary, and was probably inserted ex cautela.

9.—(1.) The powers, duties, and liabilities of quarter sessions and of justices out of session with respect to the county police shall, on and after the appointed day, vest in and attach to the quarter sessions and the county council jointly, and be exercised and discharged through the standing joint committee of the quarter sessions and county council appointed as herein-after mentioned:

The Acts relating to county police are 2 & 3 Vict. c. 93; 3 & 4 Vict. c. 88; 19 & 20 Vict. c. 69; 20 & 21 Vict. c. 2; 22 & 23 Vict. c. 32; 28 & 29 Vict.

c. 35; 53 & 54 Vict. c. 45; and 56 & 57 Vict. c. 10. The duty of appointing Sect. 9 (2). the chief constable, and the general control of the police in counties, which has formerly been exercised by the county justices, is now exercised by the standing joint committee appointed under s. 30, post.

It has been held that the control over the division of a county into police districts is by this section vested in the standing joint committee. Ex parte Leicestershire County Council, [1891] 1 Q. B. 53; 60 L. J. M. C. 45 ; 64 L. T. (N. S.) 25; 39 W. R. 160; 55 J. P. 87 ; 7 T. L. R. 61.

It should be observed that s. 33, post, provides for the continuance of one police force for any county borough or other borough and any county where these have been united for the purposes of a police force. In the smaller boroughs the existing police forces are abolished by s. 39, post, which provides that for the purposes of the Acts relating to county police such boroughs are to form part of the counties in which they are situated.

c. 69.

NOTE.

(2.) Provided that the powers conferred by section seven of the 19 & 20 Vict. County and Borough Police Act, 1856, which requires constables to perform, in addition to their ordinary duties, such duties connected with the police as the quarter sessions may direct or require, shall continue to be exercised by the quarter sessions as well as by the said standing joint committee, and may also be exercised by the county council; and the said section shall be construed as if the county council and the said standing joint committee were therein mentioned as well as the quarter sessions.

The 19 & 20 Vict. c. 69, s. 7, provides that constables shall, in addition to their ordinary duties, perform all such duties connected with the police in their respective counties or boroughs as the justices in general or quarter sessions assembled, or the watch committees of such respective counties or boroughs, from time to time direct and require. Justices in general or quarter sessions are still to retain their powers under this section, and the same powers are extended to the standing joint committee appointed under s. 30, post, and to the county council.

(3.) Nothing in this Act shall affect the powers, duties, and liabilities of justices of the peace as conservators of the peace, or the obligation of the chief constable or other constables to obey their lawful orders given in that behalf.

This provision was inserted for the purpose of continuing the existing powers of justices as conservators of the peace to issue such orders as they may think necessary to the police for the preservation of the peace, the prevention of offences, and the apprehension of offenders.

10. (1.) After the passing of this Act it shall be lawful for the Transfer to Local Government Board to make from time to time a Provisional county Order for transferring to county councils

council of powers of certain government

(a.) Any such powers, duties, and liabilities of Her Majesty's Privy Council, a Secretary of State, the Board of Trade, departments the Local Government Board, or the Education Depart- and other ment, or any other Government Department, as are

authorities.