Transfer of c. 112. 52 & 53 Vict. c. 76. c. 75. SCHOOLS FOR SCIENCE AND ART ACT, 1891. (54 & 55 VICT. CAP. 61.) (0). An Act to facilitate the transfer of Schools for Science and Art to 1.-(1.) The managers of any school for science and art, or for science, or for art, or of any institution to which the Literary and Scientific Institutions Act, 1854, applies (p), may make an arrangement with any local authority within the meaning of the Technical Instruction Act, 1889 (q), for transferring the school or institution to that authority, and the local authority may assent to any such arrangement and give effect thereto, subject to the provisions of that Act. (2.) The provisions of section twenty-three of the Elementary 33 & 34 Vict. Education Act, 1870 (r), with respect to arrangements for the transfer of schools shall apply in the case of arrangements for the transfer of schools or institutions in pursuance of this section, with this modification, that for the purposes of transfers to a local authority references to the school board shall be construed as references to the local authority and references to the Education Department as references to the Department of Science and Art, and references to a school shall, in the case of an institution not being a school, be construed as references to the institution. (3.) In this section the expression " managers includes all persons who have the management of any school or institution, (0) This Act permits the managers of schools for science and art, and other similar institutions, to transfer those schools or institutions to local authorities, including county councils. The powers of the body to whom such a transfer is made as to the management of the school or institution, are left somewhat vague by this Act; they are, however, to give effect to the arrangement for the transfer, subject to the provisions of the Technical Instruction Act, 1889 (ante, p. 435); and s. 23 of the Elementary Education Act, 1870, as to transfers of schools to school boards, is to apply with certain modifications. It seems, therefore, that the powers of management are to be gathered from those enactments. (p) The institutions here referred to are "every institution for the time being established for the promotion of science, literature, the fine arts, for adult instruction, the diffusion of useful knowledge, the foundation or maintenance of libraries, reading-rooms for general use among the members or open to the public, of public museums and galleries, of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs," except the Royal Institution and the London Institution for the Advancement of Literature and the Diffusion of Useful Knowledge. (2) This definition includes a county council, see s. 4 of the Act, ante, p. 438. (r) The section referred to contains detailed provisions as to voluntary arrangements for the transfer of an elementary school, and the property held in connection with it, to a school board. A school so transferred "shall to such extent and during such times as the school board have, under such arrangement, any control over the school, be deemed to be a school provided by the school board." whether the legal interest in the site and buildings of the school Sect. 1 (3) or institution is or is not vested in them (s). 2. This Act may be cited as the Schools for Science and Art Act, 1891. Short title. HIGHWAYS AND BRIDGES ACT, 1891. (54 & 55 VICT. Cap. 63.) An Act to confer further powers on County Councils and other 1. This Act may be cited as the Highways and Bridges Act, 1891. Short title 2. This Act shall not apply to Scotland or Ireland or the county Extent of of London. Act. between 3. The council of any administrative county, and any highway Agreement authority or authorities (t), and the council of any adjoining county, highway may from time to time make and carry into effect agreements (u) authorities for improvewith each other for or in relation to the construction, reconstruction, form of roads alteration or improvement, or the freeing from tolls, of any main and bridges. road (v) or other highway, or of any bridge (including the approaches thereto), wholly or partly situate within the jurisdiction of any one or more of the party or parties to the agreement. All expenses incurred by any such county council or highway (s) It is doubtful whether this sub-section enables the managers to convey a legal interest in property which is not vested in them to the local authority. Section 23 of the Elementary Education Act, 1870, provides that "nothing in this section shall authorize the managers to transfer any property which is not vested in them, or a trustee for them, or held in trust for the school." (t) By s. 6, post, expressions which are defined by the Local Government Act, 1888, are to have the same meaning in this Act. By s. 100 of that Act, ante, p. 174, the expression "highway authority" means as respects an urban sanitary district, the urban sanitary authority, and as respects a highway district, the highway board or authority having the powers of a highway board; and as respects a highway parish, the surveyor or surveyors of highways or other officers performing similar duties. Since the passing of the Local Government Act, 1894, which by s. 25, post, p. 621, transfers to rural councils the powers of the highway authorities within their districts, the foregoing definition is out of date, and the highway authorities are practically the urban and rural district councils. (u) The Inland Revenue authorities do not consider that these agreements, or agreements under s. 11 (3) (4) of the Local Government Act, 1888, are made " pursuant to the Highway Acts for or relating to the making, maintaining, or repairing of highways," so as to be chargeable with a sixpenny stamp only under the Stamp Act, 1891. That Act contains no definition of "the Highway Acts"; and neither the Act of 1888 nor this present Act is included in the group of Highway Acts referred to in the Short Titles Act, 1896 (59 & 60 Vict. c. 14), the collective title given being "The Highway Acts, 1835 to 1885." (v) As to main roads, see s. 11 of the Local Government Act, 1888, and the notes to that section, ante, p. 21. Sect. 3. Power to reduce main road to status of ordinary Contracts for authority, in pursuance of this section, shall be defrayed as part of the expenses incurred in relation to the maintenance, repair, improvement, or enlargement of bridges, main roads, or other highways by such council or highway authority (x), in such proportions as shall be determined by any such agreement as aforesaid, and any powers of borrowing, applicable to the raising of any fund for the payment of any such expenses as aforesaid, shall be applicable accordingly : Provided that if a highway board (y) think it just that any parish or parishes specially benefited by any construction, reconstruction, alteration, or improvement under this section should bear the expense thereof, or any part of such expense, they may, with the approval of the county council of the county within which their highway district is situate, and with the assent of the inhabitants of such parish or parishes in vestry assembled (z), charge such expense, or such part thereof as they may think just, exclusively on such parish or parishes. 4. Section sixteen of the Highways and Locomotives Amendment Act, 1878, shall apply to any part of a main road in any county, and so much of such section as requires that any order made thereunder shall be provisional, and shall be confirmed as in the said Act mentioned, is hereby repealed, but no such order shall be made in respect of any main road within a municipal borough without the assent of the council of the said borough having been first obtained (a). 5. No person shall be disqualified for being elected, or for being a supply of road member of a county council, by reason only of his having any share to disqualify or interest in any contract with such county council for the supply material not for election to county council. Construction from land, of which he is owner or occupier, of stone, gravel, or other materials for making or repairing highways or bridges. Provided always that no such share or interest in any contract shall exceed the amount of fifty pounds in any one year (b). 6. Words and expressions to which meanings are assigned by the 51 & 52 Vict. Local Government Act, 1888, have in this Act the same respective of Act. c. 41. (x) In the case of a county council, these expenses will therefore be general expenses. See the Local Government Act, 1888, s. 11, sub-s. (1), ante, p. 21. (y) The rural district council has, with few exceptions, now succeeded to all the powers and duties of a highway board within its district. See the Local Government Act, 1894, s. 25, post, p. 621. (*) In a rural parish the parish council, or parish meeting (as the case may be), must now give this assent. (a) Section 16 of the Highways and Locomotives Amendment Act, 1878, is set out, ante, p. 22. (b) But for this provision a county councillor who had an interest in such a contract would have been disqualified under s. 12, sub-s. (1) (c), of the Municipal Corporations Act, 1882, ante, p. 252. meanings, and in this Act the word "highway" includes any public Sect. 6. bridle path or footway (c). LUNACY ACT, 1891. (54 & 55 VICT. CAP. 65.) An Act to amend the Lunacy Act, 1890 (d). [5th August, 1891.] 1. This Act may be cited as the Lunacy Act, 1891, and this Act Short title. shall be construed as one with the Lunacy Act, 1890 (in this Act 53 & 54 Vict. called the principal Act), and this Act and the principal Act may be cited together as the Lunacy Acts, 1890 and 1891. c. 5. 6. Where a workhouse is situate in a county which does not Section 27. include the union to which the workhouse belongs, a summary reception order made by a justice of the county in which the workhouse is situate may order a lunatic in the workhouse to be received in any asylum, in which pauper lunatics chargeable to the union, to which the workhouse belongs, may legally be received. 7. Sub-section four of section thirty-eight of the principal Act is Section 38 (4). hereby repealed, and the following sub-section is substituted therefor : (4.) A reception order shall remain in force for a year after the date by this Act or by an order of the Commissioners appointed for it to expire, and thereafter for two years, and thereafter for three years, and after the end of such periods of one, two, and three years for successive periods of five years, if not more than one month nor less than seven days before the expiration of the period at the end of which, as fixed by this Act or by an order of the Commissioners under sub-section two, the order would expire, and of each subsequent period of one, two, three, and five years respectively, a special report of the medical officer of the institution or of the medical attendant of the single patient as to the mental and bodily condition of the patient with a certificate under his hand certifying that the patient is still of unsound mind and a proper person to be detained under care and treatment is sent to the Commissioners. 8. Section thirty-nine of the principal Act shall not apply to Section 39. lunatics received under a removal order or to lunatics so found by inquisition. 9. * * * (2.) In sub-section six of section fifty-five of the principal Act, Section 55. (c) See s. 100 of the Local Government Act, 1888, ante, p. 171. (d) The present Act is set out only so far as it alters or amends the visions of the Act of 1890 (which are set out, ante, p. 440), or otherwise affects county councils. pro 66 Sect. 9 (2). for the words licensed by visitors" shall be substituted the words "licensed by justices," and for the words "the Commissioners or visitors" shall be substituted the words "such Commissioner or such two visitors." Section 61 (1). Hospitals may alter regulations. Boroughs annexed to counties under s. 246 11. In sub-section one of section sixty-one of the principal Act the words to the workhouse of the union to which the lunatic is chargeable, or if the lunatic is chargeable to a county or borough (e), to the workhouse of the union from which he was sent to the hospital or licensed house" shall be inserted after the words" of the lunatic." 12. The managing committee of every hospital may, with the approval of a secretary of state, alter the regulations of the hospital. 13.-(1.) Where under section two hundred and forty-six of the principal Act, a borough ceases to be a local authority under that Act, the borough shall for all purposes of that Act be annexed to to contribute and treated as part of the county in which the borough is situate, to expense of asylum. and if or so far as the borough has not contributed towards the expense of providing the asylum of the county, a sum to be paid by the borough towards the expenses already incurred in providing the asylum shall be fixed by agreement between the councils of the county and borough, or in default of agreement by an arbitrator appointed by the parties, or, if the parties cannot agree upon an arbitrator, by an arbitrator appointed by the Local Government Board. In fixing the sum to be paid by the borough, the borough shall be credited with any sums already contributed by the borough for lunacy purposes in excess of its legal liability; and the arbitrator shall take into consideration the amounts that may have been paid by the borough for the reception or maintenance, in the asylum of the county, of the lunatics of the borough. c. 41 (2.) Where a borough had before the passing of this Act, by virtue 51 & 52 Vict. of section eighty-six of the Local Government Act, 1888, and the determination of any contract, become liable to contribute to the county rate of the county in respect of a lunatic asylum, this section shall apply to such borough as if it had immediately after the passing of this Act ceased under section two hundred and forty-six of the principal Act, to be a local authority (ƒ). (e) As to the cases in which a lunatic may be chargeable to a county or borough, see s. 290 of the Lunacy Act, 1890, ante, p. 468. (f) Section 86 (4) of the Local Government Act, 1888 (repealed by the Lunacy Act, 1890, and substantially re-enacted by s. 246 of that Act, ante, p. 454, which is itself partially repealed by s. 26 of this Act, post), provided that where at the passing of the Act a borough with separate quarter sessions, and not a county borough, but containing in 1881 a population of 10,000 or upwards, |