Any expression referring to the value of any parish, borough, or Sect. 100. area as ascertained by the standard or basis for the county. rate or contributions shall, where any rateable value has been fixed by agreement between the councils of any county and county boroughs, be that value, and subject thereto, shall, in the case of any parish, borough, or area for which there is no such standard or basis, refer to the total rateable value as determined by the last valuation lists, or if there is no valuation list, by the last poor rates for such parish or the parishes comprised in such borough or area; and where an area is authorized or directed by this Act to be assessed to any contributions or rates, the same shall, unless otherwise provided by law, be assessed according to the standard or basis for the county rate :

See as to this definition, s. 33, ante, p. 72. See also s. 26 (2).

The expression "property'
"includes all property, real and
personal, and all estates, interests, easements, and rights,
whether equitable or legal, in, to, and out of property real
and personal, including things in action, and registers,
books, and documents; and when used in relation to
any quarter sessions, clerk of the peace, justices, board,
sanitary authority, or other authority, includes any property
which on the appointed day belongs to, or is vested in, or
held in trust for, or would but for this Act have, on or after
that day, belonged to, or been vested in, or held in trust for,
such quarter sessions, clerk of the peace, justices, board,
sanitary authority, or other authority; and the expression
"property" shall further include, in the case of the county
of Chester, any surplus revenue of the River Weaver Trust,
which is or would but for this Act be payable to the
quarter sessions:

As to the appointed day, see s. 109, post.

As to the transfer of property, see s. 64, ante, p. 122.

As to the River Weaver Trust, see s. 69 (12), ante, p. 135.

The expression "powers" includes rights, jurisdiction, capacities, -
privileges, and immunities:

The expression "duties" includes responsibilities and obligations:
The expression "liabilities" includes liability to any proceeding

for enforcing any duty or for punishing the breach of any
duty, and includes all debts and liabilities to which any
authority are or would but for this Act be liable or subject
to, whether accrued due at the date of the transfer or

Sect. 100

19 & 20 Vict. c. 69.

subsequently accruing, and includes any obligation to carry or apply any money to any sinking fund or to any particular purpose:

The expression "powers, duties, and liabilities," includes all
powers, duties, and liabilities conferred or imposed by or
arising under any local and personal Act:

The expression "expenses" includes costs and charges:
The expression "costs" includes charges and expenses :
The costs of assizes and of quarter and petty sessions include
such of the following costs as are applicable, that is to say,
the costs of maintaining and providing the courts and offices
and the judges' lodgings, the salaries and remuneration of a
chairman of quarter sessions, clerks of assize, clerks of the
peace, clerks of the justices, and other officers, the costs of
the jury lists, the costs of rewards ordered to be paid by the
court, the costs of prosecutions, including the costs of the
defendants' witnesses, and all other costs incidental to the
assizes, quarter sessions, petty sessions, or the judges, but
nothing shall require a quarter sessions borough to contribute
towards the costs of prosecutions at assizes, except in the
case of prisoners committed for trial from the borough:

A quarter sessions borough may be a county borough; see the definition, supra. Quarter sessions boroughs are to contribute towards the cost of assizes, etc., under ss. 32 (3) (a), 35 (5), 38 (5), and 39 (1), ante.

The expression "assizes" includes the Central Criminal Court :
The expression "pension" includes any superannuation allowance,
gratuity, or other payment made on the retirement of any
officer :

The expression "office" includes any place, situation, or
employment, and the expression
"officer shall be
construed accordingly :

The expression "the divisions of Lincolnshire " means the
parts of Holland, the parts of Kesteven, and the parts of
Lindsey :

The expression "County and Borough Police Act, 1856,” means the Act of the session of the nineteenth and twentieth years of the reign of Her present Majesty, chapter sixtynine, intituled "An Act to render more effectual the Police in Counties and Boroughs in England and Wales," and the expression "County and Borough Police Acts" means the County and Borough Police Act, 1856, and the Acts therein recited :

The expression "main road" when used in relation to the Sect. 100 district of any highway or road authority, means so much of the main road as is situate within the district of such authority. In relation to the election of county councillors, the day of nomination shall be deemed to be the day on which the names of the persons nominated are fixed on the town hall or other conspicuous place.

As to the meaning of this provision, see the note to the Municipal Corporations Act, 1882, Sched. 3, Part II., r. 15, post.

101. This Act shall not extend to Scotland or Ireland.

Extent of
Act.

102. This Act may be cited as the Local Government Act, Short title. 1888.

PART VI.

TRANSITORY PROVISIONS.

Except where it otherwise appears by the notes to the several sections of this Part of the Act, these transitory provisions, though unrepealed, are spent.

First Election of County Councillors.

councillors.

103.-(1.) The first election of county councillors under this First election Act shall be held in the month of January next after the passing of county of this Act on such day in each county not earlier than the fourteenth day of January as the returning officer for that county may fix, and the returning officer shall publish notice of such day in the preceding month of December, and the day so fixed shall be deemed for the purposes of the first election to be the ordinary day of election of county councillors.

(2.) The sheriff of each county shall be the returning officer for such first election, but if the sheriff desires to be a candidate at such election the county quarter sessions on his application may appoint another person to be the returning officer, and the person so appointed shall, for the purpose of such election, have the powers and duties of the sheriff.

(3.) At the first election the returning officer may, if it appears to him necessary, divide an electoral division into polling districts, so however that every polling district shall be an area or a combination of areas for which separate parts of the register of electors are made out, and he shall settle and give proper notice of the places at which the poll for each electoral division, or district of a division, shall be taken.

L.G.

Sect. 103 (4).

(4.) The clerk of the peace, who will by virtue of this Act become the clerk of the county council when elected, shall make up the county register and division registers of the county electors for the purposes of the first election, and shall deliver the same to the returning officer, and every clerk of the peace who has in his custody any revised lists of electors required for making up such registers, shall supply to the above-mentioned clerk of the peace such number of copies of those lists as he may require for the purpose of making up the said registers.

(5.) The returning officer shall send to the clerk of the peace, who will, by virtue of this Act, become the clerk of the county council, the names of the persons elected, and shall send to each person elected a county councillor notice of his election, accompanied by a summons to attend the first meeting of the provisional council fixed by this Act at such time and place as the returning officer may fix.

(6.) The costs properly incurred by the returning officer in reference to the first election, and in reference to such first meeting of the provisional council, shall be defrayed as expenses of the county council, and may be taxed on an application made by or by direction of the provisional council.

(7.) In the administrative county of London, the returning officer for the first election shall be such fit person as the Local Government Board may appoint, and such returning officer shall, for the purposes of such election, have the powers and duties of the sheriff, and any sheriff, under-sheriff, officer of the London School Board, or other public officer having authority in the metropolis, and being in possession of any ballot boxes or other fittings or arrangements for an election, shall permit such returning officer to use the same for the purposes of such first election.

(8.) Such returning officer shall make up the county register and division registers of the county electors for the purposes of the first elections, and shall make them up out of the lists of voters made out in the year one thousand eight hundred and eighty-eight for the City of London, and for such portions of the counties of Middlesex, Surrey, and Kent, as are comprised in the metropolis, and shall make the necessary alteration in the forms of those lists, and the secondary of the City of London, and the town clerks within the meaning of the Registration Acts for the parliamentary boroughs in the administrative county of London, and the clerks of the peace of Middlesex, Surrey, and Kent, shall deliver to the said returning officer such number of copies of the revised lists of electors as he may require. The returning officer for the administrative county of London shall send the names of the persons elected to the clerk of the Metropolitan Board of Works.

(9.) The court of quarter sessions in any county, and the Sect. 103 (9). Metropolitan Board of Works in the Metropolis, shall advance to the returning officer such sum as is authorized by this Act to be advanced by county councils to returning officers for the purposes of an election.

(10.) The sheriff having authority in any administrative county, or the largest part thereof, shall for the purposes of this Act be deemed to be the sheriff of that county.

of first county

104.-(1.) The county councillors of a county council elected Retirement at the first election shall retire from office on the ordinary day of councillors. election in the third year after the passing of this Act, and their places shall be filled by election.

The ordinary day of election in the third year after the passing of this Act was November 1st, 1891. This date was subsequently altered to March 8th, 1892. See the County Councils (Elections) Act, 1891 (54 & 55 Vict. c. 68),

s. 1.

(2.) Of the first county aldermen one-half shall retire on the ordinary day of election of county aldermen in the third year next after the passing of this Act, and the one-half who are so to retire shall be determined by ballot by the provisional councillors at the time of the election of the county aldermen: Provided that where the total number of aldermen is not divisible by two the larger half shall first retire.

The county aldermen number one-third of the number of councillors (see s. 14, sub-s. (2), of the Municipal Corporations Act, 1882, post), except in London, where the number is one-sixth. See s. 40, sub-s. (5), ante, p. 89.

The one-half who were first to retire were determined by ballot, and they retired on March 16th, 1892. See the County Councils (Elections) Act, 1891, post.

(3.) The remaining half of the county aldermen shall retire on the ordinary day of election of county aldermen in the sixth year next after the passing of this Act.

This took place on March 16th, 1895.

(4.) In this section the word "year" shall be construed to mean calendar year.

county

105.-(1.) The members of a county council first elected under Preliminary this Act shall not enter on their ordinary duties or become the action of county council until the first day of April next after their election, councillors as or such other day as on the application of the provisional council provisional the Local Government Board may appoint.

council.