shall pay the same into Her Majesty's Exchequer and not Sect. 24 (2). to the said local authority; and

The reference in the text to the Public Health Act, 1875, is to be construed to include a reference to the Public Health (London) Act, 1891 (54 & 55 Vict. c. 76). See s. 108 of that Act.

Every urban and rural district council are required by ss. 189 and 190 of the Public Health Act, 1875, to appoint one or more medical officers of health and inspectors of nuisances, but if any authority avail themselves of the services of a county medical officer under s. 17, ante, p. 44, they are to be deemed to have made the necessary appointment of a medical officer. (See sub-s. (3), post.)

The qualification of medical officers of health, save in so far as it is expressly provided by this Act (see s. 18, ante), and the appointment, salary, etc., of these officers and the inspectors of nuisances, are prescribed by ss. 189-191 of the Public Health Act, 1875, and various orders of the Local Government Board, which are referred to in the notes to those sections in Lumley's Public Health.

As to the reports of the medical officer, see the note to s. 19, sub-s. (1), ante, p. 46. The medical officer must send copies of these reports to the county council, otherwise they may refuse to pay the contribution towards his salary, but it is only in case of his failure to send the reports to the Board that the amount of the contribution is to be paid into the Exchequer.

(d.) They shall pay to the guardians paying the registrars of births and deaths for any district wholly or partly in the county a sum equal to the amount paid out of local grants towards the remuneration of the registrars paid by those guardians during the financial year ending on the thirty-first day of March next after the passing of this Act; and

This will be a fixed amount determined by the sum paid in the year ending March 31st, 1889.

The Acts relating to registrars of births and deaths are 6 & 7 Will. 4, c. 86 ; 1 Vict. c. 22; 29 & 30 Vict. c. 113, s. 1; 31 & 32 Vict. c. 122, s. 26; 37 & 38 Vict. c. 88. Registrars are paid by the guardians under 6 & 7 Will. 4, c. 86,

8. 29.

(e.) They shall transfer to that account of the county fund to which the maintenance of any pauper lunatic chargeable to the county is charged, a sum equal to four shillings. a week for each such pauper lunatic, for whom the net charge upon the county council, after deducting any amount received by the county council for the maintenance. of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so transferred; and

Pauper lunatics may be chargeable to the county by virtue of justices' orders under the Lunacy Act, 1890 (53 Vict. c. 5), s. 290, post. They become so chargeable only when they have no known union of settlement. The amounts referred

Sect. 24 (2). to which may be received by the county council may consist of property of the lunatic ordered to be applied towards his maintenance under s. 299 of that Act, post.

NOTE.

(f.) They shall pay to the guardians of every poor law union wholly or partly in the county a sum equal to four shillings a week for each pauper lunatic chargeable to that union, and maintained in an asylum, registered hospital, or licensed house, for whom the net charge upon the guardians, after deducting any amount received by them for the maintenance of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so paid; and

A pauper lunatic is chargeable to the union from which he is sent unless it be established that he is settled in some other union, or that it cannot be ascertained in what union he was settled. See Lunacy Act, 1890, ss. 286, 290, post.

(g.) They shall pay to the council of each borough to which the maintenance of any pauper lunatic is chargeable, a sum equal to four shillings a week for each such pauper lunatic for whom the net charge upon the council of the borough, after deducting any amount received by them for the maintenance of such lunatic from any source other than local rates, is equal to or exceeds four shillings a week throughout the period of maintenance for which the sum is so paid; and

A pauper lunatic may be made chargeable to the council of a borough if his settlement cannot be ascertained, and if he was sent to the asylum from a quarter sessions borough which is free from contributing to the payment of the expenses of pauper lunatics chargeable to the county in which the borough is situate. See Lunacy Act, 1890, s. 290, post.

(h.) They shall transfer to that account of the county fund to which the compensation payable to the clerk of the peace of a county, or any other officer of quarter sessions for the county, under section eighteen of the Act of the session of the eighteenth and nineteenth years of the reign of Her present Majesty, chapter one hundred and twenty-six, is charged, the amount of such compensation; and

The 18 & 19 Vict. c. 126, s. 18, provides as follows :-"Immediately after the passing of this Act, the Commissioners of Her Majesty's Treasury shall, upon the application of any clerk of the peace or other officer of quarter sessions, by such means and in such manner as they may think proper, inquire into and ascertain the annual amount to be computed upon an average of five years immediately preceding the passing of this Act or of such shorter period

NOTE.

as such clerk of the peace or other officer shall have been in office, of the fees Sect. 24 (2). and emoluments in criminal prosecutions received by the clerk of the peace or such other officer, and the said commissioners shall on the like application also ascertain, in such manner as they may think proper, the total amount of fees and emoluments in criminal prosecutions received by such clerk of the peace or other officer during any year after the passing of this Act, and the said Commissioners are hereby authorized and empowered by warrant under their hands to award to such clerk of the peace or other officer the deficiency when and so often as the same shall occur between the last-mentioned amount and the annual average amount so ascertained as aforesaid, and the sum so awarded shall be paid out of any moneys which may be provided by Parliament for that purpose: Provided that in all cases where any such clerk of the peace, by reason of his being paid by salary under an order made by virtue of 14 & 15 Vict. c. 55, shall pay such fees and emoluments as aforesaid to the treasurer of the county or borough for which he is clerk of the peace in aid of the county or borough rate, as the case may be, such deficiency when so ascertained as aforesaid shall be paid to the treasurer of such county or borough respectively."

(i.) They shall, subject to the provisions of this Act, transfer to the police account of the county fund a sum equal to onehalf of the costs of the pay and clothing of the police of the county during the preceding year; and

One half the cost of the pay and clothing of the county police will be paid out of this fund.

(j.) They shall, subject to the provisions of this Act, pay to the council of each borough maintaining a separate police force under the County and Borough Police Acts, onehalf of the costs of the pay and clothing of the police of that borough during the preceding year; and

The County and Borough Police Acts are the 19 & 20 Vict. c. 69, and the 22 & 23 Vict. c. 32; see sub-s. (4), post. The reference to the provisions of this Act is to s. 39, by which the separate police force in the smaller boroughs is abolished.

It was held in R. v. West Riding County Council, [1895] 1 Q. B. 805; 64 L. J. M. C. 145; 72 L. T. (N.S.) 520; 43 W. R. 386; 59 J. P. 340, that a borough which maintains a separate police force is entitled to be paid by the county council under the provision in the text one half of the costs of the pay and clothing of extra police temporarily added from another police force under s. 25 of the Police Act, 1890 (53 & 54 Vict. c. 45), and paid for by agreement under that Act.

(k.) They shall, if within their county sums are raised by rates for the purpose of the metropolitan police, pay to the receiver for the Metropolitan Police District in each year, a sum bearing such proportion to the sum actually raised in the same year by rates from the parishes in that county for the said purpose as a Secretary of State certifies to be the proportion which would have been

Sect. 24 (2).

contributed out of the Exchequer under the arrangement in force during the financial year next before the passing of this Act.

The Metropolitan Police Rate Act, 1868 (31 & 32 Vict. c. 67), s. 2, provides that the annual sum to be provided in pursuance of the Acts relating to the metropolitan police force shall not exceed ninepence in the pound, calculated on the full annual value of all property rateable to the relief of the poor within the parishes and places comprised in the Metropolitan Police Districts, and of such annual sum to be so provided, one-fourth part shall be contributed by the Treasury out of moneys for that purpose provided by Parliament and three-fourth parts shall be raised by a rate in manner provided by the said Acts. The payment provided for by the text takes the place of the Treasury grant, and is limited to the amount certified by the Secretary of State.

The Acts relating to the expenses of the metropolitan police are 10 Geo. 4, c. 44, ss. 23-33; 2 & 3 Vict. c. 47, ss. 2, 6; 19 & 20 Vict. c. 2; 20 & 21 Vict. c. 64, ss. 11-14; 24 & 25 Vict. c. 124, ss. 1, 7; 31 & 32 Vict. c. 67, s. 2 ; 32 & 33 Vict. c. 67, ss. 45, 77; and 53 & 54 Vict. c. 45, s. 27.

The boundaries of the Metropolitan Police District are fixed by the 10 Geo. 4, c. 44, and by Orders in Council made under 2 & 3 Vict. c. 47. The district now comprises an area within about fifteen miles from Charing Cross.

(3.) A reference in sections one hundred and eighty-nine and one hundred and ninety-one of the Public Health Act, 1875, to officers any portion of whose salary is paid out of moneys provided by Parliament shall be construed to refer to those officers in respect of whose salaries payment is made by a county council in pursuance of this section.

The Public Health Act, 1875, ss. 189 and 191, are as follows:

"189. Every urban authority shall from time to time appoint fit and proper persons to be medical officer of health, surveyor, inspector of nuisances, clerk and treasurer: Provided that if any such authority is empowered by any other Act in force within their district to appoint any such officer, this enactment shall be deemed to be satisfied by the employment under this Act of the officer so appointed, with such additional remuneration as they think fit, and no second appointment shall be made under this Act. Every urban authority shall also appoint or employ such assistants, collectors, and other officers and servants as may be necessary and proper for the efficient execution of this Act, and may make regulations with respect to the duties and conduct of the officers and servants so appointed or employed.

"Subject in the case of officers any portion of whose salary is paid out of moneys voted by Parliament, to the powers of the Local Government Board under this Act, the urban authority may pay to the officers and servants so appointed or employed such reasonable salaries, wages, or allowances as the urban authority may think proper; and, subject as aforesaid, every such officer and servant appointed under this Act shall be removable by the urban authority at their pleasure."

"191. A person shall not be appointed medical officer of health under this Act unless he is a legally qualified medical practitioner; and the Local Government Board shall have the same powers as it has in the case of a district medical officer of a union with regard to the qualification, appointment, duties, salary and tenure of office of a medical officer of health or other officer of a local

authority any portion of whose salary is paid out of moneys voted by Sect. 24 (3). Parliament, and may by order prescribe the qualification and duties of other medical officers of health appointed under this Act.

"The same person may, with the sanction of the Local Government Board, be appointed medical officer of health or inspector of nuisances for two or more districts, by the local authorities of such districts; and the Local Government Board shall by order prescribe the mode of such appointment, and the proportions in which the expenses of such appointment, and the salary and charges of such officer, shall be borne by such authorities.

"Any district medical officer of a union may, with the sanction of the Local Government Board, and subject to such conditions as the said board may prescribe, be appointed a medical officer of health; and a medical officer of health may exercise any of the powers with which an inspector of nuisances is invested by this Act.

"In case of illness or incapacity of the medical officer of health a local authority may appoint and pay a deputy medical officer, subject to the approval of the Local Government Board."

c. 69.

NOTE.

(4.) Where any payment towards the pay and clothing of the police of any town has been made in pursuance of section eighteen of the County and Borough Police Act, 1856, which authorizes 19 & 20 Vict. such payment to be made until the discontinuance of the police, the like payment shall, notwithstanding anything in this section, be made by the county council to the authority of such town until such discontinuance.

The 19 & 20 Vict. c. 69, s. 18, provides that "until the constables or watchmen appointed in and for any parish, town, or place under the 3 & 4 Will. 4, c. 90, or under any local Act authorizing the appointment of constables or watchmen, and authorizing rates to be made and levied for the purpose of defraying the expenses of such constables or watchmen, are discontinued as a separate force in manner provided by s. 20 of the 3 & 4 Vict. c. 88, and by this Act, all the provisions of this Act applicable to the constables of any borough acting under the 5 & 6 Will. 4, c. 76, shall be applicable to the constables or watchmen appointed under the 3 & 4 Will. 4, c. 96, or under such local Act as aforesaid, in and for such parish, town, or place, and until such discontinuance, all the provisions of this Act applicable to the watch committee of a borough shall be applicable to the inspectors, commissioners, or other persons having the appointment of constables or watchmen in and for such parish, town, or place; and the police of such parish, town, or place shall be visited and inquired into by the inspectors under this Act; and the provision in this Act enabling the Commissioners of Her Majesty's Treasury to make payment towards the expenses of the police of a borough having a population exceeding 5,000, shall, until such discontinuance, extend to the police of such parish, town, or place as aforesaid having the like population."

(5.) Where a sum is payable under this section to the guardians, authority, or officer of a union or other area, and such union or area is situate in more administrative counties than one, a proportionate part only of the sum otherwise payable shall be paid by the council of each of such counties to the guardians, authority, or