Sect. 121 (2).

paid by the county council of such county to such guardians;

(vii.) Any balance remaining after the payment to the guardians of such union shall be paid to the county council of the county upon its coming into office, and, if there is any county borough in the county, the sum so paid shall be included in the adjustment under this Act between the councils of the county and borough.

(3.) Every local authority shall produce to the Local Government Board such evidence and comply with such rules as the Board may require or make for the purpose of effecting the distribution under this section.

(4.) A certificate of the Local Government Board of the sum due to any authority under this section may be varied by that Board, but unless so varied shall be final.

(5.) The Treasury may, from time to time during the financial year ending on the thirty-first day of March next after the passing of this Act, issue out of the Consolidated Fund or the growing produce thereof and pay to the Local Taxation Account such sums as appear to them to be required for the purpose of paying the highway authorities and county authorities such sums in respect of main roads as have been paid to them in previous years out of moneys provided by Parliament; and the sums so issued shall be treated as an advance, and shall be repaid to the Consolidated Fund out of the Local Taxation Account before any balance is distributed in manner provided by this section.

Savings.

Saving for 122.-(1.) Nothing in this Act shall prejudicially affect any existing securities and securities granted before the passing of this Act on the credit discharge of of any rate or of any property by this Act transferred to a county debts. council; and all such securities, as well as all unsecured debts, liabilities, and obligations incurred by any authority in the exercise of any powers or in relation to any property transferred from them to the county council under this Act shall be discharged, paid, and satisfied by such council.

(2.) Where for the purpose of satisfying any such security or any debt or liability, it is necessary to continue the levy of any rate or the exercise of any power which would have existed but for the provisions of this Act, such rate may continue to be levied and power to be exercised either by the authority who otherwise would have levied or exercised the same or by the county council as the case may require.

(3.) It shall be the duty of every authority whose powers, duties, and liabilities are transferred to any council by this Act to

liquidate so far as practicable before the appointed day all current Sect. 122 (3). debts and liabilities incurred by such authority.

123. All such bye-laws, orders, and regulations of the Privy Saving for Council, Secretary of State, Board of Trade, Local Government existing bye-laws. Board, or Government Department, or of any quarter sessions, council of a borough, the Metropolitan Board of Works, or other authority, whose powers and duties are transferred by or in pursuance of this Act to any county council, as are in force at the time of the transfer, shall, so far as they relate to or are in pursuance of the powers and duties transferred, continue in force as if they had been made by such council, subject, nevertheless, to revocation or alteration by such council in the manner in which bye-laws can be made by such council, and also to any exceptions or modifications which may be made at the time of the transfer.

or

actions, con.

124.—(1.) If at the date of the transfer in this section men- Saving for tioned any action or proceeding, or any cause of action pending proceeding, is pending or existing by or against any authority in tracts, etc. relation to any powers, duties, liabilities, or property by this Act transferred to the county council, the same shall not be in anywise prejudicially affected by reason of the passing of this Act, but may be continued, prosecuted, and enforced by or against such council as successors of the said authority in like manner as if this Act had not been passed.

(2.) All contracts, deeds, bonds, agreements, and other instruments entered into or made and subsisting at the time of the transfer in this section mentioned, and affecting any such powers, duties, liabilities, or property of any authority as are by this Act transferred to a county council, shall be as of full force and effect against or in favour of the council, and may be enforced as fully and effectually as if, instead of the authority, the said council had been a party thereto.

For an illustration of the effect of this provision on existing contracts, see Re Salop County Council, 65 L. T. (N.S.) 416; 56 J. P. 213, the facts of which are set out in the note to s. 38 (1), ante, p. 83.

(3.) All contracts or agreements which, prior to the appointed day, have been made by the clerk of the peace or any justice or justices or otherwise on behalf of a county, or any division or part of a county, shall have effect as if the council of that county had been named therein instead of the clerk of the peace or such justice or justices, and may be enforced by or against the county council accordingly.

(4.) This section shall apply in the case of a committee of any authority in like manner as if the committee were such authority

Sect. 124 (4). and the committee of a county council were that council, and as if contracts and agreements by any such committee appointed by quarter sessions were contracts and agreements on behalf of a county.

Saving for charters, local

125. Save so far as may be necessary to give effect to this Act Acts, etc. or any scheme or order or other thing made or done thereunder, nothing in this Act shall prejudicially alter or affect the powers, rights, privileges, or immunities of any municipal corporation, or the operation of any municipal charter, local Act of Parliament, or order confirmed by Parliament, which immediately before the passing of this Act was in force.

Repeal of
Acts.

For an illustration of the effect of this section in keeping alive the provisions of a local Act, notwithstanding the provisions of this Act, see Re Staffordshire and Derbyshire County Councils, 54 J. P. 566, cited ante, p. 105. As to the power of a county council to amend iocal Acts by order, see s. 59 (6), ante, p. 117.

Repeals.

126. All enactments inconsistent with this Act are hereby repealed; Provided that—

(1.) Any enactment or document referring to any Act or enactment hereby repealed shall be construed to refer

to this Act, or to the corresponding enactment in this Act:

(2.) This repeal shall not affect

(a.) The past operation of any enactment hereby repealed, nor anything duly done or suffered under any enactment hereby repealed; or

(b.) Any right, privilege, obligation, or liability acquired, accrued, or incurred under or in accordance with any enactment hereby repealed; or

(c.) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or

(d.) Any power, investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such power, investigation, legal proceeding, and remedy may be exercised and carried on as if this Act had not passed.

See also ss. 11 and 38 of the Interpretation Act, 1889 (52 & 53 Vict. c. 63).

SCHEDULES.

FIRST SCHEDULE.

Local Taxation Licences.

Licences for the sale of intoxicating liquor for consumption on the premises:

Licences for the sale of intoxicating liquor by retail, by persons not licensed

to deal therein, for consumption off the premises :

NOTE.-These are the licences the duties payable on which are transferred to the county council under s. 20, ante, p. 46. As to the duties on trade carts, locomotives, horses and mules, and horse dealers, see the note to s. 34 (1) (d), ante, p. 74.

To the list of licences above-mentioned must now be added those for light locomotives under the Locomotives on Highways Act, 1896 (59 & 60 Vict. c. 36), s. 8, post.

Schedule 1.
Section 20.

Schedule 2

Section 71.

SECOND SCHEDULE.

Alteration of Schedule to District Auditors Act, 1879.
(42 & 43 Vict. c. 6).

The following scale shall, unless otherwise determined by Parliament, be substituted for so much of the scale set forth in the First Schedule to the District Auditors Act, 1879, as relates to expenditure amounting to 100,000l. and upwards :

:

NOTE. The District Auditors Act, 1879, s. 2, provides as follows:"After the twenty-fifth day of March, one thousand eight hundred and seventy-nine, all payments to district auditors out of any local rate shall cease, and the whole of the salaries or remuneration and of the expenses of district auditors, to such amount as may be sanctioned by the Treasury, shall be paid out of moneys provided by Parliament; and for the purpose of contributing to the amount required for the payment of such salaries, remuneration, and expenses, there shall be charged on every local authority whose accounts are audited by a district auditor a stamp duty for the use of Her Majesty, according to the scale contained in the First Schedule to this Act, and such duty shall be levied by a stamp on the certificate of the auditor hereinafter mentioned."