the application to be main roads within the meaning of Sect. 38 (4). This sub-section is identical with s. 35, sub-s. (4) (c), ante, p. 79. (5.) The area of the borough shall for the purposes of the abovementioned Acts and all other administrative purposes of the county council be included in the county, as if the borough had not a separate court of quarter sessions, and accordingly shall be subject to the authority of the county council and the county coroners, and may be annexed by the county council to a coroner's district of the county, and the parishes in the borough shall be liable to be assessed to all county contributions : See Ex parte The County Council of Kent and The Councils of Dover and Sandwich, and Thetford (Mayor of) v. Norfolk County Council, ante, p. 80. See the note to sub-s. (2) as to coroners, supra. The borough is to be liable to be assessed to all county contributions. (6.) Any property, debts, or liabilities of the county, or of any borough affected by this or the next succeeding section The provisions of this Act as to adjustment are contained in s. 62, post. (7.) It shall be lawful for Her Majesty the Queen, on petition from the council of any borough to which this or the next succeeding section applies, by Order in Council, to revoke the grant of a court of quarter sessions to the borough, and by letters patent to revoke the grant of a commission of the peace for the borough, and to make Sect. 38 (7). Application of Act to all boroughs with population under 10,000. 41 & 42 Vict. c. 74. 47 & 48 Vict. cc. 13, 47. such provision as to Her Majesty seems proper for the protection of interests existing at the date of the revocation, and after the date of the revocation all enactments and laws relating to courts of quarter sessions and justices and their jurisdiction shall apply as if such court of quarter sessions or commission of the peace, as the case may be, did not exist : This is a novel provision. If it is put into effect the offices of the recorder of the borough, clerk of the peace, etc., will be abolished, but they will be entitled to compensation under s. 120, post. (8.) A borough which is a county of a city or a county of a town shall, for the purposes of this and the next succeeding section, and if Her Majesty revokes the grant of a Court of quarter sessions or a commission of the peace to such borough, then also for all purposes of quarter sessions and justices, be deemed to be situate in and form part of the county of which it forms part for the purpose of parliamentary elections : Compare the somewhat similar provisions of s. 35, sub-s. (8), ante, and see the notes to that sub-section. In the case of a revocation of a grant of quarter sessions to the borough, the county justices would exercise concurrent jurisdiction with the borough justices. See the Municipal Corporations Act, 1882, s. 154, and Reigate (Mayor of ) v. Hart, L. R. 3 Q. B. 244; 37 L. J. M. C. 70 ; 18 L. T. (N.S.) 237; 16 W. R. 896; 32 J. P. 342. (9.) Where this section applies to a cinque port it shall apply also to all the members thereof, and those members when not situate in a quarter sessions borough shall form part of the county for all purposes. As to the cinque ports, see the note to s. 48, post. 39.-(1.) Where a borough, whether with or without a separate court of quarter sessions, contained according to the census of one thousand eight hundred and eighty-one a population of less than ten thousand, then after the appointed day all powers, duties, and liabilities of the mayor, aldermen, and burgesses, or council of the borough, or the watch committee of the borough in relation— (a) to the police force of the borough, or (b) to the appointment of analysts under the Acts relating to the (c) to the execution of the Contagious Diseases (Animals) Acts, (e) to weights and measures, if the council exercise any juris- Sect. 39 (1). diction in relation thereto, c. 32. c. 68. shall cease, and, subject to the provisions of this Act as to the 49 & 50 Vict. members of the police force holding office on the said day, the area of the borough shall for all purposes of the Acts relating to the county police force, or other matters above in this section mentioned, form part of the county in like manner as if it were not a borough. This section applies to all boroughs having a population of less than 10,000, whether they have separate quarter sessions or not. To these boroughs sub-ss. (6) and (8) of the preceding section are made expressly applicable. The police force of the borough will cease to exist as a separate force, and the existing borough constables will become county constables as provided by ss. 118, 119, post. This provision as to police repeals that part of the Municipal Corporations Act, 1882, relating to borough police, so far as relates to these smaller boroughs. It has been shown in the notes to the last section that analysts were appointed in quarter sessions boroughs under 38 & 39 Vict. c. 63, s. 10, by the borough councils. In boroughs which had no separate quarter sessions, but had a separate police force, those councils had a similar power of appointment. As the separate police force will cease to exist in these smaller boroughs, the power to appoint analysts is to cease also. The Contagious Diseases (Animals) Acts referred to in the text (except the two sections mentioned in sub-s. (2), infra), have been repealed and consolidated by the Diseases of Animals Act, 1894. By s. 3 of that Act, the local authorities in England and Wales are (1) for each borough not being a borough to which s. 39 of the Local Government Act, 1888, applies, the borough council; (2) for the residue of each administrative county the county council. As to the Destructive Insects Act, see the note to s. 3 (xiii.), ante, p. 12. As to the jurisdiction of a borough council under the Acts relating to gas meters, see the note to s. 34, sub-s. (3), ante, p. 75. Under the Weights and Measures Act, 1878, the borough councils were the local authorities in boroughs which had separate quarter sesssions. In boroughs not having separate quarter sessions they were the local authorities only if they so resolved, or if in 1878 they possessed separate local standards (41 & 42 Vict. c. 49, s. 50). All powers of borough councils ceased under this Act in the smaller boroughs. The provisions of this Act, as to members of the police force holding office on the appointed day, are contained in ss. 118, 119, post. (2.) Provided that nothing in this section shall transfer to the county council any powers, duties, or liabilities under section thirty-four of the Contagious Diseases (Animals) Act, 1878, as 41 & 42 Vict. amended by section nine of the Contagious Diseases (Animals) 49 & 50 Vict. Act, 1886. The sections above referred to are not repealed by the Diseases of Animals Act, 1894; they are set out in Lumley's Public Health, p. 486. By s. 9 of the Act of 1886, the powers of local authorities under s. 34 of the Act of 1878, and the Orders made under that section applying to dairies and milkshops, c. 74. c. 32. Sect. 39 (2), are vested in sanitary authorities, The powers of a borough council, as urban authority under that Act, are preserved by this sub-section. NOTE. (3.) The urban authority for any borough or town with such population as above in this section mentioned shall cease to be the local authority under the Acts relating to explosives, and the county council shall have the like authority under the said Acts in the said borough or town as they have in the rest of their county. The word "town" is not defined by this Act. It refers probably to improvement districts in which, by s. 68 of the Explosives Act, 1875, the commissioners might, by order of the Secretary of State, have become the local authority in like manner as the council of a borough assessed to the county rate, as to which see the note to s. 38, sub-s. (2), ante, p. 84. This sub-section puts an end to the powers of such commissioners. Application of Act to metropolis as county of London. Application of Act to Metropolis. 40. In the application of this Act to the Metropolis, the following provisions shall have effect : (1.) The Metropolis shall, on and after the appointed day, be an administrative county for the purposes of this Act by the name of the administrative county of London. For the definition of "the Metropolis," see s. 100, post. The term "administrative county" is defined by the same section. It will be seen by the next sub-section that the county of London exclusive of the city of London is a separate county for all non-adminstrative purposes. The appointed day is defined by s. 109, post. It was held that by virtue of this section the London County Council was the proper authority to certify under 6 Vict. c. 18, s. 55, for the costs of the returning officer preparing the register of parliamentary voters in the borough of Deptford, notwithstanding s. 92, post, which retains that borough in the county of Kent for county parliamentary purposes. Weller v. Collins, 54 J. P. 441; 6 T. L. R. 342. (2.) Such portion of the administrative county of London as forms part of the counties of Middlesex, Surrey, and Kent, shall on and after the appointed day be severed from those counties, and form a separate county for all non-administrative purposes by the name of the county of London; and it shall be lawful for Her Majesty the Queen to appoint a sheriff of that county, and to grant a commission of the peace and court of quarter sessions to that county; and, subject to the provisions of this Act, all enactments, laws, and usages with respect to counties in England and Wales, and to sheriffs, justices, and quarter sessions shall, so far as circumstances admit, apply Sect. 40 (2) to the county of London: The county of London as here limited is a separate county for all nonadministrative purposes, with a sheriff, quarter sessions, and commission of peace for itself. (3.) Provided that, for the purpose of the jurisdiction of the justices under such commission, and of such court, as well as other non-administrative purposes, the county of the city of London shall continue a separate county, but if and when the mayor, commonalty, and citizens of the city assent to jurisdiction being conferred therein on such justices and court, may by commission under the Great Seal be made subject to the jurisdiction thereof. The city of London is part of the administrative county of London for the purposes of this Act. For non-administrative purposes it will continue to be a separate county until the event mentioned in the text. (4.) The number of the county councillors for the administrative county of London shall be double the number of members which, at the passing of this Act, the parliamentary boroughs in the metropolis are authorized by law to return to serve in Parliament; and each such borough, or, if it is divided into divisions, each division thereof shall be an electoral division for the purposes of this Act, and the number of county councillors elected for each such electoral division shall be double the number of members of Parliament which such borough or division is, at the passing of this Act, entitled to return to serve in Parlia ment: The number of councillors in the county of London is thus fixed by the Act itself, and not by the Local Government Board, under s. 2, sub-s. (3), ante. In like manner the electoral divisions are fixed, and consist of the parliamentary divisions. The result is that the city of London returns four county councillors, and the rest of the metropolis one hundred and fourteen; this, of course, is in addition to the aldermen elected under the next sub-section, who are nineteen in number. (5.) Provided that the number of county aldermen in the administrative county of London shall not exceed onesixth of the whole number of county councillors. In other counties the number of aldermen is one-third of the council. See s. 14 of the Municipal Corporations Act, 1882, post. (6.) The provisions of this Act with respect to the powers, duties, and liabilities of county councils, and the transfer |