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tions as to

14. Any question relating to lunatic asylums or the maintenance Sect. 14. of lunatics arising between any local authorities under the principal Power to Act and any boroughs not being local authorities under that Act, and refer quesany visiting committees or any two or more of such parties respec- asylums to tively, may be referred to an arbitrator appointed by the parties, or, the court or if the parties cannot agree upon an arbitrator, by the Local Govern- to arbitration. ment Board.

51 & 52 Vict.
c. 41 applied.

15. The provisions of sub-sections five, six, and seven of section Section 62 of sixty-two of the Local Government Act, 1888, shall apply to every sum by virtue of this Act agreed to be paid or awarded by an arbitrator as if such sum had been agreed to be paid or awarded under section sixty-two of the Local Government Act, 1888 (g).

" of s. 254 of
53 & 54 Vict.

16. In sub-section two of section two hundred and fifty-four of Amendment the principal Act, there shall be added after the word "contracts the words "for the purchase of lands and buildings and for the c. 5. erection, restoration, and enlargement of buildings " (h).

and the

17. Where a contract between the council of a borough and the Contracts by subscribers to a hospital for the reception of pauper lunatics into town councils the hospital was subsisting on the twenty-sixth day of August one subscribers to thousand eight hundred and eight-nine, such contract, unless a hospital. determined by the parties or one of them, shall be deemed to have continued in force since that date, and may be renewed subject to the same conditions and with the same consequences as if the contract had been entered into by a visiting committee on behalf of the borough (i).

18. The provisions of the Local Government Act, 1888, relating Accounts of county to the accounts of county councils and their officers, and to the asylums.

contracts with the county quarter sessions for the reception of the borough
lunatics in the county asylum, such borough, on the determination of the
contract, should cease to have power to build an asylum, and should, "subject
to the enactments providing for an additional charge for the maintenance of
lunatics in cases where no contribution has been made towards the cost of
building and furnishing an asylum," be liable to contribute to the county rate
in respect of such asylum in like manner as the rest of the county. The pro-
vision in the text seems to have been passed in consequence of the decision in
Howlett v. Maidstone (Mayor, etc., of), [1891] 2 Q. B. 110; 60 L. J. Q. B. 570 ;
65 L. T. (N.S.) 448; 40 W. R. 116; 55 J. P. 549, in which it was held that
by reason of the above sub-section the visitors of a county asylum had no
power (which they formerly had under s. 54 of 16 & 17 Vict. c. 97) of fixing
the amount to be paid for the maintenance of a pauper lunatic sent from a
borough which had not contributed to the cost of building and furnishing the
asylum, but that in case of difference the borough was entitled to have the
amount ascertained by arbitration, under s. 62 of the Local Government Act,
1888. Any such arbitration will now be under ss. 14 and 15 of this Act.

(g) See s. 62 of the Act of 1888, ante, p. 119.
(h) See s. 254 of the Act of 1890, ante, p. 455.
(i) See s. 269 (2) of the Act of 1890, ante, p. 461.

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Sect. 18.

Removal of lunatic becoming a pauper.

audit of such accounts, shall apply to the accounts of every asylum belonging wholly or in part to a county council and of the visiting committee and officers thereof (k).

19.-(1.) Where a lunatic in a hospital or licensed house becomes a pauper, the manager of the hospital or house may, after having given notice to the authority liable for the maintenance of the lunatic () of his intention so to do, apply to a justice of the peace having jurisdiction in the place where the hospital or house is situate for an order for the removal of the lunatic, and such justice may, if he thinks fit, make an order for the removal of the lunatic to an institution for lunatics to which pauper lunatics for whose maintenance the authority is liable may legally be sent and for the reception of the lunatic therein, and such institution shall be named in the order, and the manager of the hospital or house shall forthwith cause the lunatic to be removed to the institution named in the order. In the case of such removal the original reception order shall remain in force, and shall authorise the classification of the lunatic as a pauper lunatic in the institution to which he is removed.

(2.) The costs of obtaining an order under this section and of the removal of the lunatic shall be repaid to the manager who obtains the order by the authority liable for the maintenance of the lunatic, and any justice having jurisdiction in the place where the hospital or house from which the lunatic was removed is situate shall have power to fix the amount of such costs and to order such authority to repay the same. The provisions of section three hundred and fourteen of the principal Act (m) shall apply to every such order for the repayment of costs.

Payment of

expenses as to lunatics be

coming paupers

22. The provisions of the principal Act for the payment of expenses in relation to pauper lunatics shall be applicable with respect to lunatics in institutions for lunatics who become paupers (n).

Repeal.

29. The enactments in the schedule are hereby repealed.

(k) This section is in substitution for s. 279 of the Lunacy Act, 1890, which is repealed by s. 26, post. As to the accounts of county councils and the audit of those accounts, see the Local Government Act, 1888, s. 71, ante, p. 136, and the enactments there referred to.

(1) As to the authority liable for the maintenance, see ss. 286 et seq., of the Lunacy Act, 1890, ante, p. 467; such authority may be the county or borough council: see s. 290 of the same Act, ante, p. 468.

(m) See this section, ante, p. 475.

(n) See Part X. of the Act of 1890, ante, p. 466, et seq.

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An Act to alter the Date of holding County Council Elections, and to remove Doubts respecting the Holding of such Elections.

*

*

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[5th August, 1891.]

*

Schedule.

Section 29.

date of

1.-(1.) The ordinary day of election of county councillors in each Change of county shall be such day between the first and eighth day of March elections. as the county council may fix, and, if no date is so fixed, shall be the eighth day of March (0).

(2.) The ordinary day of retirement of county councillors shall be the eighth day of March in every third year, and on that day the county councillors then in office shall retire together, and their places shall be filled by the newly-elected councillors, who shall come into office on that day.

(3.) The sixteenth day of March or such other day within ten days after the ordinary day of retirement of county councillors as the council of any county may from time to time fix for that county, shall, in substitution for the ninth day of November, be the ordinary day of election of the chairman, and of the aldermen, and the day for holding a quarterly meeting, and if the county council fix any hour for the quarterly meeting, that hour shall be

(0) Under the Local Government Act, 1888, s. 75, the ordinary day of election was November 1st.

Sect. 1 (3). substituted for the hour specified in the Municipal Corporations Act, 1882 (p).

45 & 46 Vict. c. 50.

County registers.

Removal of doubts and amendment

as to election of county councillors in boroughs.

51 & 52 Vict. c. 41.

(4.) All periods which, in the enactments of the Municipal Corporations Act, 1882, are computed by reference to the first or ninth day of November shall, so far as those enactments apply to county councils, be computed by reference to such of the abovementioned days then next following as the case requires (q).

The ordinary day of election of councillors shall be fixed by the county council not less than six weeks before the ordinary day of retirement of county councillors.

Nothing shall authorise or require a returning officer to hold an election of a county councillor to fill a casual vacancy which occurs within six months before the ordinary day of retirement of county councillors (r).

2. (1.) The county register shall be completed before the twentieth day of December in every year and come into operation on the next first day of January.

(2.) The burgess lists forming the burgess roll, which comes into operation on the first day of November in every year, shall on and after that day until the next first day of January form part of the county register in substitution for the former burgess lists (s).

3. For the purpose of the election of county councillors for any electoral division which is co-extensive with, or wholly comprised in, a municipal borough, the following provisions shall have effect:

(a.). The mayor of the borough, or some person appointed by him, or, if the mayor is dead or absent or otherwise incapable of acting, an alderman appointed by the council of the borough, shall be the returning officer, and so far as respects such election shall follow the instructions of, and return the names of the persons elected to, the county returning officer:

(b.) Nothing in section seventy-five of the Local Government Act, 1888, substituting the returning officer or his deputy for the town clerk, shall extend to any such election (†).

(p) Under the Local Government Act, 1888, s. 75, sub-s. (13), November 7th was the ordinary day of election of the chairman and county aldermen, and the day for holding a quarterly meeting of the county council. The hour for holding the November quarterly meeting was noon. See the Municipal Corporations Act, Sched. 2, r. 2, ante, p. 335.

(9) The periods here referred to are chiefly those which relate to elections. Thus, under s. 54 of the Municipal Corporations Act, 1882, notice of election must be given nine days at least before the day of election; nomination papers must be delivered seven days at least before that day, etc.

(r) This provision is substituted for that in the Local Government Act, 1888, s. 75, sub-s. (16) (a), which is repealed by this Act.

(s) This section amends s. 45 of the Municipal Corporations Act, 1882, as applied to county councils. See the notes to that section, ante, p. 280.

(t) This section is substituted for s. 75, sub-s. (6) of the Local Government Act, 1888.

4. The chairmen and vice-chairmen of county councils, and the Sect. 4. deputy chairman of the London County Council, county aldermen, Transitory and county councillors, and committees (including the members of provisions. a joint committee appointed by a county council) whose term of office would but for this Act expire on the ordinary day of election. in November next after the passing of this Act, shall go out of office on the next following ordinary day of election or retirement (as the case may be) fixed by this Act, and their term of office shall be extended accordingly; but nothing shall authorise or require the returning officer to hold an election of a county councillor to fill a casual vacancy at any time before the ordinary day of election next after the passing of this Act, and the aldermen whose term of office would, but for this Act, expire at the end of three years after the November next after the passing of this Act shall go out of office on the ordinary day of election next following the end of those years, and their term of office shall be extended accordingly (u).

of 45 & 46

5. The declaration required under sections thirty-four and Amendment thirty-five of the Municipal Corporations Act, 1882, to be made by Vict. c. 50. a person elected to a corporate office in a county may be made at ss. 34, 35; and any time within three months after notice of the election, and 51 & 52 Vict. c. 41, s. 75. such declaration may be made either in the manner prescribed by the Local Government Act, 1888, or before any justice of the peace or commissioner to administer oaths in the Supreme Court of Judicature (x).

6. It is hereby declared that a person shall not be disqualified, Returning nor be deemed ever to have been disqualified, under section twelve officer not disqualified of the Municipal Corporations Act, 1882, for being a member of a for membercounty council by reason only of his being appointed returning ship of officer by that council, except where he has directly or indirectly by council. himself or his partner received any profit or remuneration in respect of such appointment (y).

county

7. The Act specified in the Schedule to this Act is hereby Repeal. repealed to the extent in the third column of that schedule mentioned.

and con

8. This Act may be cited as the County Councils (Elections) Act, Short title 1891, and shall be construed as one with the Local Government Act, 1888.

struction.

(u) This section is now spent.

(x) See s. 34 of the Municipal Corporations Act, 1882, ante, p. 272. Under that section, as amended by the Local Government Act, 1888, s. 75, the period within which the declaration had to be made was ten days.

(y) See the notes to s. 12 of the Municipal Corporations Act, 1882, ante, p. 253.

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