bridges within its boundaries which were previously repairable as county or Sect. 34 (2) hundred bridges. As to county bridges, see the note to s. 3 (viii.), p. 9, ante. As to the liability of a borough to repair bridges within the borough other than those repairable by the county, see the Municipal Corporations Act, 1882, s. 119; also R. v. Dorset (Inhabitants of), 45 L. T. (N.s.) 308; R. v. Southampton, (No. 1), 17 Q. B. D. 424; 55 L. J. M. C. 158; 55 L. T. (N.s.) 322; 35 W. R. 10; 50 J. P. 773 ; R. v. Southampton, (No. 2), 19 Q. B. D. 590; 56 L. J. M. C. 112 ; 57 L. T. (N.S.) 261. (3.) The provisions of this Act with respect to (a.) The constitution, election, proceedings, or position of the (b.) The county treasurer, county surveyor, and other county (c.) The standing joint committee of the justices and the (d.) Coroners, or (e.) Gas meters, or (f.) The transfer to the council of powers relating to county shall not apply to county boroughs, nor shall Part IV. of this Act The constitution, etc., of the council is provided for by the Municipal Corporations Act, 1882, the borough council in a county borough being also the county council. The provisions of this Act as to county officers are inapplicable for the like reason, the appointment and duties of the borough officers being regulated by the Municipal Corporations Act, 1882. The purposes for which a standing joint committee are appointed are in a borough administered by the borough council as such, or by the watch committee. In a borough which has a separate quarter sessions the coroner is appointed by the council under the Municipal Corporations Act, 1882, s. 171. In other boroughs the county coroner has jurisdiction, but the election of a coroner in a county borough which has not separate quarter sessions is specially provided for by sub-s. (4) and (5), post. Section 5 of this Act is therefore inapplicable to county boroughs. The Acts relating to gas meters (as to which, see note to s. 3 (xiii.), ante, p. 13) are in boroughs administered by the town councils, if they have adopted the Acts; but if they have not adopted the Acts, or if they are manufacturers or sellers of gas, the powers and duties under the Acts are exercised by the borough justices. If these powers and duties are not at present vested in the borough councils they are to remain in the borough justices. As to the county and other rates, see s. 3 (i.), ante, p. 5; there cannot of course be county rates in a county borough. (4.) Provided that where the district of any county coroner is wholly situate within a county borough, the coroner for that district shall be appointed by the council of that borough, and the NOTE. Sect. 34 (4). writ for his election may be issued to that council instead of to the county council, and where the district of any county coroner is situate partly within and partly without a county borough, the writ for the election of such coroner shall be issued to the county council, but if there is a joint committee of the county and borough councils for the purpose, the question of the person to be elected shall be referred to that joint committee, and the county council shall appoint the person recommended by the majority of such committee. This sub-section provides for the case where a county borough has not separate quarter sessions and has not, therefore, a coroner of its own under s. 171 of the Municipal Corporations Act, 1882. Where the district assigned to a county coroner is wholly within the borough, the writ, instead of being directed to the county council, under s. 5, sub-s. (1), ante, is to be directed to the borough council. When it is partly within the borough the writ is to be directed to the county council, who are to appoint the person recommended by a joint committee appointed under the next sub-section. (5.) If the council of a county borough so require, a joint committee shall from time to time be appointed for the purposes of coroners, consisting of such number of members of the county and borough councils as may be agreed upon, or in default of agreement may be determined by a Secretary of State. See the note to the preceding sub-section. (6.) Nothing in this Act shall transfer to the council of any borough any power in relation to the division of the county into polling districts for the purpose of a parliamentary election for the county, the appointment of places of election for the county, the places of holding courts for the revision of the list of voters, and the costs of, and other matters to be done for, the registration of parliamentary voters for the county. For purposes of county elections, etc., the powers above referred to are exercisable by county councils in succession to quarter sessions under s. 3 (xii.) ante, p. 11. The same powers as to dividing a municipal borough for purposes of borough elections are vested in the borough council by 30 & 31 Vict. c. 102, s. 34; 31 & 32 Vict. c. 58, s. 18; 46 & 47 Vict. c. 51, s. 47, sub-s. (3). (7.) The powers and duties of the county authority under the 50 & 51 Vict. Allotments Act, 1887, shall, as respects the borough, continue to be exercised and performed by the Local Government Board. c. 48. It is provided by the Allotments Act, 1887 (50 & 51 Vict. c. 48), s. 16, that for the purposes of that Act the county authority should be any representative body elected by the inhabitants of the county which might be established NOTE. under any future Act, and until such representative body should be established Sect. 34 (7). the powers and duties of the county authority should be exercised and performed by the Local Government Board. The county councils, therefore, are the county authorities under the Act, but this will not apply to county boroughs, in which the Local Government Board will continue to exercise jurisdiction as county authority. It may be added that in applying s. 9 of the Local Government Act, 1894, to county boroughs, sub-s. (18) of that section provides that an order for compulsory purchase of land for allotments shall, in the case of a county borough, be both made and confirmed by the Local Government Board. (8.) This Act and the Municipal Corporations Act, 1882, shall 45 & 46 Vict. be construed so as to give effect to the provisions of this section. The provisions of the Municipal Corporations Act, 1882, bearing on this section have been noticed in the notes. c. 50. 35. In the case of a quarter sessions borough, not being one Application of the boroughs named in the Third Schedule to this Act, but of Act to larger quarter containing, according to the census of one thousand eight hundred sessions and eighty-one, a population of ten thousand or upwards, the boroughs, not following provisions shall, on and after the appointed day, apply: counties. (1.) Nothing in this Act shall transfer to the county council any power of the council of the borough as local It has already been pointed out in the note to s. 34, sub-s. (3), that in many cases where the local authorities for the execution of Acts were in counties the quarter sessions, in boroughs the local authorities under the same Acts were the borough councils. In these cases, while the powers of the quarter sessions are transferred to the county councils by this Act, the councils of the larger boroughs to which this section relates will, under the provision in the text, retain their powers as local authorities. These will include powers under the Explosives Act, 1875; the Weights and Measures Act, 1878 to 1893; the Petroleum Acts, 1871 to 1881, and the Reformatory and Industrial Schools Acts. In so far as the powers of the councils under the Municipal Corporations Act, 1882, are altered by this Act, the alterations are indicated in the notes to the incorporated sections of that Act, post. Subject, however, to the provisions of this section, the boroughs in question are, for the purposes of this Act, to form part of the county. (2.) Where such borough is at the passing of this Act exempt, in whole or in part, from contributing towards costs county Sect. 35 (2), 41 & 42 Vict c. 77. 41 & 42 Vict. c. 77. incurred for any purpose for which the quarter sessions of the county in which the borough is situate are authorised to incur cost the parishes in the borough shall not, save as in this Act expressly mentioned, be assessed by the county council to county contributions in respect of costs incurred for any such purpose, nor in the case of a partial exemption, be so assessed for any larger sum than such as will give effect to that exemption, but this exemption shall not extend to any costs incurred for the purpose of any powers, duties, or liabilities of the justices of the borough, which will by virtue of this Act be exercised or discharged by the county council nor to any costs of or incidental to the assizes of the county. This sub-section preserves existing exemptions from contributions to the county rate. The exemption extends to contributions to the costs of new county bridges taken over by a county council under s. 6, ante, p. 17. Bury St. Edmunds (Mayor, etc. of) v. West Suffolk County Council, Times, May 21st, 1898. The powers, duties, and liabilities of the justices of the borough which are by this Act transferred to the county council are those transferred by s. 36, post. As to the costs of the assizes, see sub-s. (5), and s. 100, post. (3.) Notwithstanding the last enactment the borough shall, A borough having separate quarter sessions was not included in the definition of an urban authority under the Highway Act, 1878, and therefore the provisions of that Act as to main roads did not apply to such a borough. The boroughs mentioned in this section are now declared to be within the definition of urban sanitary authorities (see the next sub-section), and for the purposes of main roads they are to be deemed to be part of the county, and liable to be assessed like the rest of the county to county contributions. For the definition of general county purposes, see s. 68, post. (4.) Provided that (a.) The borough shall be deemed to be an urban sanitary district within the meaning of the Highways and Locomotives (Amendment) Act, 1878; and the council of the borough shall have the power under the Highways and Sect. 35 (4) (b.) The council of the borough shall have power as (c.) The council of the borough may within two years after the passing of this Act apply to the county See the note to the preceding sub-section. The power to make bye-laws respecting locomotives, and authorizing locomotives to be used on any road within the borough, is conferred by s. 31 of the Highway Act as amended by this section. The saving in case of differences between the county bye-laws applicable to main roads maintained by the county council within the borough and the borough bye-laws, is obviously necessary to avoid an inconvenient or even absurd result. It is to be feared, however, that inconvenience will result from the differences in bye-laws of the county council and those of the borough council, when by reason of the borough itself maintaining its main roads the approval of the county council is not necessary. It should be mentioned that these bye-laws as to locomotives will not apply to "light locomotives" as defined by the Locomotives on Highways Act, 1896. See s. 1 of that Act, post. |