Sect. 227 (8).

Boundaries of

(8.) When the matter is heard and determined, either by the dismissal of the charge, or by binding over the recognisor to answer the matter of the complaint at quarter sessions, or otherwise, the recognizance for his appearance before a justice shall be discharged without fee.

(a) For the reason stated in the note to s. 223, ante, p. 316, it is doubtful whether this provision is now extended to counties by the Local Government Act, s. 75, ante, p. 141. It is more extensive in its operation than s. 38 of the Summary Jurisdiction Act, 1879, but it does not repeal that section. See 47 & 48 Vict. c. 43, s. 9.

(b) The recognizance may be enforced under s. 9 of the Summary Jurisdiction Act, 1879.

(c) It will now be necessary for county constables to have this book if the section applies to counties.

(d) Sub-sections (5) and (6) are repealed by the Summary Jurisdiction Act, 1884, which substitutes the corresponding provisions of the Summary Jurisdiction Acts. The repealed sub-sections related to the forfeiture and enforcing of the recognizance, as to which see note (b), supra.

PART XIII.-GENERAL.
Boundaries.

228.-(1.) Every place at the commencement of this Act boroughs and included within each borough then existing, and no other place,

transfer of

parts to

counties.

shall be part of the borough, and in each borough then existing which is a county of itself shall be part of that county and of no other, as if this Act had not been passed.

(2.) Where under the Municipal Corporations Act, 1835, or any Act amending it, any such county or borough does not, at the commencement of this Act, include a place which, before the passing of the Municipal Corporations Act, 1835, was part thereof, that place shall continue to be part of the county wherein it is situate, or with which it has the longest common boundary, as if this Act had not been passed.

(3.) But nothing in this Act shall prevent any gaol, house of correction, lunatic asylum, court of justice, or judges' lodgings, which at the passing of the Municipal Corporations Act, 1835, was, and at the commencement of this Act is, taken to be, for any purpose in any county, from being still, for that purpose, taken to be in that county, as if this Act had not been passed.

(4.) Any gaol, court, depôt for arms, and any land thereto belonging, which at the commencement of this Act is parcel of a county shall continue to be parcel of the county, and under the exclusive jurisdiction of the authorities of the county, as if this Act had not been passed.

(5.) Nothing in this Act shall be construed to affect the assessments of the land tax or assessed taxes, as those assessments exist

at the commencement of this Act, or to extend or diminish the Sect. 228 (5). jurisdiction of any commissioners of those taxes, as such commissioners then exist; but all lands, and all parishes, parts of parishes, and places shall continue to be charged as at the commencement of this Act towards the land tax charged on the county or other district whereof at the commencement of this Act they are part, and to be subject in that behalf to the jurisdiction of the commissioners of the same county or other district, as if this Act had not been passed.

It is provided by the Local Government Act, s. 75, sub-s. (16), ante, p. 145, that nothing in the Municipal Corporations Act, as applied by that section, shall apply any of the provisions of the Municipal Corporations Act, 1882, with reference to boundaries. Consequently the above section will not apply to counties. For the provisions of the Local Government Act, 1888, as įto boundaries, see Part III. of that Act, ante, p. 104; and see also Part III. of the Local Government Act, 1894, post.

between

229. If any place, which under the Municipal Corporations Adjustment Act, 1835, or any Act amending it, ceased to be included in a boroughs and borough or county of a town or city, was before the passing of the counties on change of Municipal Corporations Act, 1835, liable to contribute to any rate boundaries. for satisfying any lawful debt to which the ratepayers of that borough or county were then liable, and if after the commencement of this Act any difference arises concerning the proportion of that debt to be contributed in respect of that place, the Secretary of State, on the application of the council, or of the chairman of a public meeting of the ratepayers of the place, may appoint by writing under his hand a barrister not having any interest in the question to arbitrate between the parties, and by his award under his hand and seal to assess the proportion aforesaid, if any; and the arbitrator shall assess the costs of the arbitration, and direct by whom and in what proportion and out of what fund they shall be paid; and the rate aforesaid shall continue to be levied by warrant of the council and to be paid by the place aforesaid to the treasurer of the borough, as if the Municipal Corporations Act, 1835, or any Act amending it, or this Act, had not been passed, until the proportion aforesaid is satisfied, and no longer.

The above section does not apply to counties. See the note to last section. The Local Government Act, s. 54, ante, p. 108, deals with future alterations of the boundaries of counties and boroughs, and s. 62, ante, p. 119, provides for the due adjustment of property and liabilities upon any such alteration.

Time.

of time.

230.—(1.) Where by this Act any limited time from or after Computation any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of

Sect. 230 (1). that limited time the same shall be taken as exclusive of the day of that date or of the happening of that event, and as commencing at the beginning of the next following day; and the act or proceeding shall be done or taken at the latest on the last day of the limited time as so computed, unless the last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter week, or a day appointed for public fast, humiliation, or thanksgiving, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified (a).

Measurement of distances.

Notices on town hall.

(2.) Where by this Act any act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified (a).

(3.) Where by this Act any act or proceeding is directed or allowed to be done or taken within any time not exceeding seven days, the days in this section specified shall not be reckoned in the computation of such time (b).

(a) Thus, if something is to be done within ten days after the 1st of a month, the last day for doing it would be the 11th, unless that were Sunday, or one of the days specified, in which case the act would be done on the 12th. (b) This provision will not apply to the nine days' notice of election under s. 54, ante, p. 285, nor to the seven days mentioned in Sched. 3, Part. II., r. 7, post.

Distance.

231. The distances mentioned in this Act shall be measured in a straight line on a horizontal plane, and may be determined by the map made under the survey commonly known as the Ordnance Survey.

This is a useful provision, otherwise the Ordnance map could not have been used.

Notices.

232. Any notice or other document required by this Act to be fixed on the town hall shall be fixed in some conspicuous place on or near the outer door of the town hall, or if there is no town hall, in some conspicuous place in the borough or ward to which the notice or document relates.

In applying this section to counties and electoral divisions of counties some modification must be made. No doubt, if there were public offices in the division, the notice might be published there, as by so doing the above section would be satisfied, whether such offices were a town hall within the meaning or this section as applied, or a conspicuous place in the division.

See the Local Government Act, s. 75 (7), ante, p. 143, as to the substitution of a place for the town hall for hearing objections to nomination papers.

Inspection and Copies.

Sect. 233 (1).

Inspection of

233.-(1.) The minutes of proceedings of the council shall be open to the inspection of a burgess on payment of a fee of one documents. shilling, and a burgess may make a copy thereof or take an extract therefrom (a).

(2.) A burgess may make a copy of or take an extract from an order of the council for the payment of money (b).

(3.) The treasurer's accounts shall be open to the inspection of the council, and a member of the council may make a copy thereof or take an extract therefrom.

(4.) The abstract of the treasurer's accounts shall be open to the inspection of all the ratepayers of the borough, and copies thereof shall be delivered to a ratepayer on payment of a reasonable price for each copy (c).

(5.) The Freemen's Roll shall be open to public inspection, and the town clerk shall deliver copies thereof to any person on payment of a reasonable price for each copy.

(6.) A document directed by this Act to be open to inspection shall be so open at any reasonable time during the ordinary hours of business, and without payment, unless it is otherwise expressed. (7.) If a person having the custody of any document in this

section mentioned

(a.) Obstructs any person authorized to inspect the same in making such inspection thereof as in this section mentioned; or

(b.) Refuses to give copies or extracts to any person entitled to obtain the same under this section;

he shall, on summary conviction, be liable to a fine not exceeding five pounds.

(a) It would seem that while a burgess is not entitled to inspect minutes of a committee, he is entitled to inspect the epitome of such minutes as presented to the council for their approval under s. 22 (2). Williams v. Manchester (Mayor, etc., of), 45 W. R. 412; 13 T. L. R. 299. As to the right of inspection by the solicitor of a burgess, see R. v. Wimbledon Urban District Council, 14 T.L.R.146. (b) Sub-sections (1) and (2) will apply to county councils with the substitution of "county elector" for "burgess."

As to the minutes of the council, see s. 22, ante, p. 260, and Sched. 2, r. 12, post, p. 337.

As to orders for the payment of money, see the Local Government Act, s. 80, ante, p. 154.

(c) It is provided by the Local Government Act, s. 71, ante, p. 136, that the provisions of the Municipal Corporations Act, 1882, as to the accounts of the treasurer of a borough and to the inspection and abstract thereof shall apply to the accounts of a county council.

Fees.

234. The town clerk of every borough shall cause a true copy Tables of fees of the tables of fees for the time being authorized to be taken by to be posted.

Sect. 234. the clerk of the peace (if any) for the borough, by the clerk to the justices (if any) for the borough, and by the registrar and officers of the borough civil court (if any), to be posted conspicuously in the following places:

Forgery.

Notice of application to and

correspondence with Treasury.

(a.) The room where the business of the town clerk's office is transacted;

(b.) The room (if any) where the justices of the borough sit for transacting their business;

(c.) The room (if any) where the court of quarter sessions of the borough is held; and

(d.) The room (if any) where the borough civil court is held.

As to the tables of fees to be taken by justices' clerks generally, see 14 & 15 Vict. c. 55, and 40 & 41 Vict. c. 43.

It would appear that this section will apply in counties except in so far as it refers to the borough civil court. See s. 75 of the Local Government Act, ante, p. 141.

Seals and Signatures.

235. If any person forges the seal or signature affixed or subscribed to a bye-law made under this Act, or the signature subscribed to any minute of proceedings of the council, or tenders in evidence any such document with a false or counterfeit seal or signature, knowing it to be false or counterfeit, he shall be liable to imprisonment with hard labour for any term not exceeding two years.

As to the authentication of bye-laws, see s. 24, ante, p. 265. As to the signature of minutes, see s. 22, sub-s. (5), ante, p. 260.

Applications to Treasury.

236.-(1.) Where the council intend to apply to the Treasury for their approval of any sale, loan, or other financial arrangement under this Act, notice of the intention to make the application shall be fixed on the town hall one month at least before the application, and a copy of the intended application shall during that month be kept in the town clerk's office, and be open to public inspection.

(2.) If the Treasury either refuse their approval or grant it conditionally or under qualifications, notice of the correspondence between the Treasury and the council shall forthwith and during one month be fixed on the town hall, and a copy of the correspondence shall during that month be kept in the town clerk's office, and be open to public inspection.

It is provided by the Local Government Act, s. 72, ante, p. 140, that after the appointed day the Local Government Board shall exercise, as regards any county borough, or other borough, the powers conferred by Part V. of the Municipal Corporations Act, 1882, relating to corporate property and liabilities,