The Local Government Act, 1888, and the incorporated provisions of the Municipal Corporations Act, 1882; the Municipal Electors (corrupt practices) Act, 1884, the Ballot Act, 1872, and the County Electors Act, 1888; with introduction, notes and index; the whole forming a complete epitome of the law relating to the constitution and election of county councils, and their powers, duties, and liabilities

Front matter

> 2

fs,

Fa PIS AP

Preface To The Second Edition

—— Sa

HE First Edition of this work met with a very gratifying reception, and ran out of print within a little over a | month from the date of publication. It therefore became necessary to prepare another Edition, and the Author has taken advantage of the opportunity thus afforded to him of revising the whole work. Many of the Notes have been

“> added to, and a few have been altered. The County Electors

LeaK oo Ca 2

Fu f rT coe A ro lata

Act has been -added, as it is referred to in many of the Notes. |

ASTM

2, Exm Court, TEMPLE,

November, 1888,

Preface To The First Edition

=

ATHEN the Local Government Bill was first introduced into Parliament, the Proprietors of the “ Justice of the Peace” entrusted to the Author of this work the task of editing a series of Supplements to that Journal, which were to be devoted to the explanation and criticism, of the details of the Bill. These Supplements were published from week to week until the Bill was finally passed. They met with considerable favour, and the Publishers have since desired the Author to prepare an Edition of the Act for the use of those who are interested in carrying it into effect.

The present Volume consists, first, of the Local Government Act; and, secondly, of the Incorporated Acts which relate to the Constitution, Election, and Business of the County Councils. The Act itself has been fully Annotated, and the Notes to the Incorporated Statutes have been prepared with equal care, so as to show in every case the modifications which have to be made in applying them to

County Councils.

The numerous Statutes which are referred to in the Act, but which are not incorporated in the sense in which, for example, the Municipal Corporations Act, 1882, is incorporated, are not set out in detail, but the effect of them has been stated, and any changes consequent upon the v1 Preface to the First Edition.

passing of the Act have been indicated. For example, the several Sections of the County Hlectors Act referred to in Section 76 of the Local Government Act are set out in full so far as that was necessary to explain the Amendments effected in them by the latter Act. The provisions of the Public Health Act, 1875, and of the Returning Officers (Expenses) Acts, are also fully set out in the Notes to the several Sections in which they are referred to.

The Index to the Statutes and Cases, and the general Index, are by Mr. W. Macxenziz, M.A., of the Northern Circuit.

A. M;

2, Etm Court, TEMPLE, September, 1888.

Contents

ae

PAGE Preface to the Second Edition ... ne Se iii Preface to the First Edition Vv Table of Statutes Xxili Table of Cases xli List of Books (with the edition and date ited a in 1 the Text) xlvii Introduction aie ity vee ate ee a ota xlvii

LOCAL GOVERNMENT (ENGLAND AND WALES) ACT, 1888.

PART I. County CouUNCILS

Constitution of County Council.

SECTION PAGE 1. Establishment of county council... ; 3 see 2. Composition and election of council and position of chairman 1

Powers of County Council. 3. Transfer to county council of administrative business of quarter sessions 4 4, Transfer of certain powers ‘under local Acts 12 5. Appointment of coroners by county council ... of a 6. Power of council as to bridges 15 7. Transfer to county council of certain powers of justices out of session oe 15 8. Reservation of business to quarter sessions 16 9. Powers as to police aa ba 10. Transfer to county council of powers of certain Government departments and other authorities 17 11. Entire maintenance of main roads by county foannis 19 12. Roads and tolls in Isle of Wight... ahs se 28 13. Adaptation of Act to South Wales roads ee 28 14, Power to county council to enforce provisions of 39 & 40 Vict. c. 75 ees hee ees Ses Te ee ees see OU

Vili

Contents.

Financial Relations between Exchequer and County, and Contributions by County for Costs of Union Officers.

SECTION PAGE 15. Council to have power to oppose Bills in Parliament... 31 16. Power of county council to make bye-laws dl 17. Power of county councils to appoint medical officer of health 33 18. Qualification of medical officers of health # 33 19. Power of county council as to report of medical officer af health 34 20. Payment to county council of proceeds of duties on local taxation licences 35 21. Grant to county council of portion of probate duty 37 22. Distribution of probate duty grant 37

23. Application of duties on local taxation eens Prt probate duty grant : 38

24, Payments by county poonel in ‘substitution fc ante ioe grants out of Exchequer in aid of local rates .. = 41 25. Ay to Secretary of State’s power respecting efficieney of roles 48 26. Grant by county council towards costs of officers of union 49

27. Supplemental provisions as to local taxation account and Exchequer contribution account 50

General Provisions as to Transfer.

28. General provisions as to powers transferred to county council 51

29. Summary proceeding for determination of baa as to transfer of powers 52

30. Standing joint committee of cutee sessions and. ‘counte

council for the purpose of police, clerk of the peace, officers, &c. ee ss a — “us ae mar

PARTI.

APPLICATION OF Act To BorouGHS, THE METROPOLIS, AND CERTAIN SPECIAL COUNTIES.

Application of Act to Boroughs.

31. Certain large boroughs named in the schedule to be county boroughs .. of ale

32. Adjustment of financial relations ‘between counties and county boroughs ... i 54 33. Provisions as to police andl pateable vateee in opus boroughs! 59 34. Application of Act with modifications to county boroughs 60

35. Application of Act to larger quarter sessions boroughs not county counties ... bis <a . 64

36. General application of Act to Boroughs! with sparen comiiission of the peace... ves eee as bee ass ce) 68

Contents.

IX Application of Act to Metropolis.

SECTION PAGE 37. Application of Act to quarter sessions tags 5k hereafter created if 69 38. Application of Act to arial fer (peaiee sessions Ehorotehs wath population under 10,000 69 39. Application of Act to all boroughs with poptlation under 10,000 - 72 40, Der eaton of Act tp Metropolis « as feenty of ender 74 41. Position of City of London, and application of Highway Acts. 76 42. Arrangements for paid chairman and cues of ee sessions for London ne 79 43. Grant by London Cottitgs Council to com lawa unions 82 44, Transfer of duties under 32 & 33 Vict. c. 67, of clerk a metropolitan asylum managers.. a aay 1 45. Adjustment of law as to Spe ler orses 4 in zhe. ecole ... 84 Application of Act to Special Counties and to Liberties. 46. Application of Act to certain special counties ... 85 47. Saving for Manchester Assize Courts Act, 1858 88 48, Merger of liberties in county ae 88 49, Power to make Provisional Order for Scilly Telands as 90 PART IIL.

Boundarves. 50. Boundary of county for first election 90 51. Directions for constitution of electoral ciyiiohe 92 52. Provisional order as respects boroughs and urban anitar : districts in same area 94 53. Consideration of alterations of boundaries by Saunt Roureies 94 54, Future alterations of boundaries .. : 95 55, Contents of Bae order amalgamating two. “county boroughs ... ; ee 96 56. Procedure for charter of new ® borough met st 97 57. Future alteration of county districts and parishes ud wards} and future establishment of urban districts ... as Ree ites 58. Additional power of Local Government Board as to unions ... 100 59. Supplemental provisions as to alteration of areas ee nLOO 60. General provision as to alteration of boundaries MaiLOd 61. Appointment of Commissioners .. “Gi ei 10S 62. Adjustment of property and liabilities ... ivs LOS 63. Arbitration by Local Government Board sae 107 x Contents.

PART’ IV: SECTION FINANCE. PAGE Property Funds and Costs of County Council. 64. Transfer of county property and liabilities ean 108 65. Power to acquire lands Hee 66. Costs of justices to be payable out of county fand gh 67. Adjustment of law as respects costs ordered by quarter sessions or justices to be paid ay a 68. Funds of county council ... ye Gs: 69. Borrowing by county council oat LD 70. Issue of county stock net 2149 71. Audit of accounts of county council . 120 72. Adaptation of Part V. of 45 & 46 Vict. c. 50, : as to corporate property and liabilities Pe e re yr Local Financial Year and Annual Budget. 73. Fixing a local financial year and consequent adjustments . 123 74, Annual budget of county councils ak be PART V.

SUPPLEMENTAL.

Application of Acts. 75. Application of 45 & 46 Vict. c. 50 to county councils and this Act to ie ae Rt ree oo 76. Amendment of 51 & 52 Vict. c. 10 ; : . 135 77. Residentiai qualification of county electors in ‘adintaiaameiee county of London é eos 139 78. Construction of Acts referring to oueiniegs transom “ti Btrey ft) Proceedings of Councils and Committees. 79. Incorporation of county council . : . 141 80. Payments out of fund and finance committee of “county council 2 t ... 142 81. Appointment of joint committees Pee 82. Proceedings of committees . 144 Officers.

83. Clerk of the peace and of county council ; : «slap 84, Appointment of the justices’ clerks and clerks of conta ttteds 149 Regulations for Bicycles, ce.

85. Regulations for bicycles, &e. ... nee v2 ise «.. 149

Contents. xl Adaptation of Acts.

SECTION PAGE 86. Adaptation of Lunatic Asylum Acts se . 150 87. Application of provisions of 38 & 39 Vict. c. 55, as to Teed

inquiries and provisional orders a a8 ... 153

88. Adaptation of Act to metropolis... . 155

89. Adjustment of law as regards courts, juries, sittings, and legal

proceedings i in Middlesex and London E ya 156

90. Special provisions as to adjustment in the e metropolis. Peal Fig!

91, Adjustment as regards the Militia Acts.. LG g Savings.

92. Saving for votes at any Parliamentary elections A ys

93. Saving for Metropolitan and City Police yaap 88

94, Saving for Metropolitan Common Poor Fund ... ate LOS

95. Saving as to Middlesex, Surrey, and Kent yale

96. Saving for Middlesex Land Registry . 159

97. Saving as to liability for main roads . 160

98. Saving for powers of Commissioners of inland Revenue and

Customs ... ae ee am tea se a3 ae LOU Definitions.

99. Definition of “written” ... ts oe ais ... 160 100. Interpretation of certain terms in the Act sea LOO) 101. Extent of Act »ss 166 102. Short title ... . 166

PART VI.

TRANSITORY PROVISIONS.

First Election of County Councillors.

103. First election of county councillors . 166

104. Retirement of first county councillors : . 169

105. Preliminary action of county councillors as provisional

council ee 170

106. First proceedings of provisional eohneils ood YM.

General Provision as to First Elections.

107. Casual vacancies at first elections fs me YE: 108. Power of Local Government Board to remedy detects, . 174 Appointed Day.

109. Appointed day _... oe) ie ae ase ere seoekio

Xi Contents.

Transitional Proceedings.

SECTION PAGE 110. Current rates, jury lists, &c. <; , ve ae ode 111. Transitory provisions as to lunatic asym rr i ee ee

- 112. Transitory provisions as to Contagious Diseases (Animals) Acts hes a5 _ $e ees de ey) yeakoe

Transitory Provisions as to Metropolis.

113. Transitory provision as to sheriffs of London and Middlesex... 178 114, As to existing coroners for Middlesex, Surrey, and Kent ... 180

115. As to commission of the peace for London ca de rt 1

116. As to places for holding quarter sessions vi nae Pope h|

117. As to existing justices in metropolis... ane “fhe ate Hauisting Officers.

118. Existing clerks of the peace and other officers ... +i no oe

119. As to officers transferred to county councils... of doe, 100

120. Compensation to existing officers... nfs he ae «se 40D

Temporary Provision as to Grant from Hachequer.

121. Grant and application of part of probate duty and of horse and wheel tax during the year ending 31st March, 1889... sx 192

Savings. 122. Saving for existing securities and discharge of debts ... ... 195 123. Saving for existing bye-laws _.... fs a bee ... 196 124, Saving for pending actions, contracts, be. Re oe eee bs 125. Saving for charters, local Acts, &c. ot ite ay rae ks Repeals. 196. Repeal of Acta 9... ace fuse | eee vee SCHEDULES.

First Schedule (Local Taxation Licenses) ... we hoe

Second Schedue (Alteration of District Auditors Act) oot te Third Schedule (County Boroughs) ... Bi Bp ... 200

MUNICIPAL CORPORATIONS ACT, 1882. [45 & 46 VICT. Cap. 50.] PART II.

CONSTITUTION AND GOVERNMENT OF BOROUGH.

Corporate Name. 8. Name of municipal corporation ... Sus a! “te ... 202 Burgesses. 9. Qualification of burgess ... 4: xP es Je ».- 202

SECTION PAGE 10. Constitution of council ... re the iP Ae oe 210 11. Qualification of councillor Te = P Fes Pepe f at 12. Disqualifications for being councillor ... shee yee - 213 13. Term of office and rotation of councillors ei “fe ac nOlG 14. Number, term of office, and rotation of aldermen ... . 215 15. Qualification, term of office, salary, precedence, and powers is

mayor... Be obs eee . 216 16. Power of mayor he aries secate er 43's AS crab Officers of Council. 17. The town clerk and eae zt bee ne ae Tremold 18. The treasurer are ‘er tee ore oe aA ea 19. Other borough officers... RAT et oe eg tA te 20. Security by ead remuneration of officers ey ae o-- 218 21. Accountability of officers .. te ae ie He a 2hG Meetings and Proceedings of Council ; Committees. 22. Quarterly and other meetings of council; appointment of committees, minutes, &c. ie oa ey tie ses 219 Bye-lews.

23. Power of council to make bye-laws oe wee mee wee Oak 24, Evidence of bye-laws __... eos rr a me w-. 223 ‘Accounts and Audit.

25. The borough auditors... ee ead a ane . 223 26. Half-yearly accounts of treasurer ws Eee ye a. 224 27. Audit and publication of treasurer’s accounts ... eae w-. 224 28. Returns to Local Government Board ... ats tn eee 225

Revising Assessors. 29. Revising assessors in non-parliamentary boroughs... sebyls

Contents. Xlli

Council; Mayor, Aldermen, and Councillors.

Dwwision of Borough into Wards, or alteration of Wards.

Proceedings for division of borough into wards or alteration of wards ... ye a a Ree oF wt ... 226

Supplemental and Exceptional Provisions.

Occupation of part of house Pe. ane ade fe oo. 228 Claim by occupier to be rated... al ee .-. 228 Rules as to qualification of burgess on succession, &e... sae 229

XIV Contents.

SECTION PAGE 34, Obligation to accept office or pay fine ... aoe | Neos eae 35. Declaration on acceptance of office 231 36, Final resignation, &c. ... +P = re sae re | 37. Re-eligibility of office holders... He ser wo. 232 38. Mayor and aldermen to continue members of council... . 232 39. Avoidance of office by bankruptey or absence . 232 40. Filling of casual vacancies sad mi nae vee 234 41, Penalty on unqualified person acting in office re .. 234 42. Validity of acts done notwithstanding disqualification, &o, we 235 43. Duties of town clerk, deputy, and treasurer during vacancy or

incapacity oa se oie eee i aes wee 235

Part III. Preparation For And Procedure At Elections

Parish Burgess Lists; Burgess Rolls; Ward Rolls.

44, Preparation and revision of parish burgess lists w-. 236 45. The burgess roll and ward rolls ... w.- 236 46. Arrangement of lists and rolls wee OG 47. Correction of burgess roll.. 5 = sso Oo 48. Printing and sale of burgess roll and other documents see. 200 49. Separate list of persons Cue to be councillors but not to

be burgesses ; . 240

Election of Councillors. 50. Borough and ward elections ro -#e i ite vee 241 51. Title to vote BA 7 oe ae veg ve o- 241 52. Day of election... ne ae abi bee o-. 241 53. Returning officer at élection Le od “ie onn.i Yl pigeetanees 54, Notice of election ... = 4 see oa ead eee 243 55. Nomination of candidates... oak ay ra eee vee 243 56. Relation of nomination to election es tn a -. 243 57. Publication of uncontested election a w.. 244 58. Mode of conducting poll at contested election ... . 244 59. Questions which may be put to voters ... rae me! oo. 245 Election of Aldermen. 60. Time and mode of election of aldermen... ne 7 w+. 246 Election of Mayor.

61. Time and mode of election of mayor . 247

Contents.

Election of Auditors and Assessors.

SECTION

62. Time and mode of election of auditors and assessors ...

72. 73. 74. 75. 76.

87. 88. 89.

Supplemental and Eaceptional Provisions.

Right of women to vote ..

Polling districts

Notices as to elections ste

Time for filling casual vacancies ...

Illness, &c., of mayor or returning officer Election of councillor in more than one ward ..

Elections not in churches.. ‘

Omission to hold eines or election raid

Burgess roll to be in operation until revision of new burgess roll : F Non-compliance with rules

Election valid unless questioned within erelye imonthe:

Offences in relation to nomination papers Offences in relation to lists and elections Revival of former law on expiration of Ballot Act

PART IV. CoRRUPT PRACTICES AND ELECTION PETITIONS

Corrupt Practices.

Definitions .. as ove ove coe Avoidance or election for general corruption Striking off votes ...

Personation og

Election Petitions.

Power to question municipal election by petition Presentation of petition

Security for costs ...

Petition at issue

Municipal election list

Constitution of election court

Trial of election petition ...

Witnesses ... bee re rer Withdrawal of petition Ar ue Bes Abatement of petition

Withdrawal and substitution of respondents

XV

PAGE eo 947

. 250 . 250

» 255

. 265

Xvi Contents.

SECTION PAGE 98. Costs on election petitions at ne wna 20 99. Reception of and attendance on the election court rks ... 266

100. Rules of procedure and jurisdiction... “4 Re oe 207

101. Expenses of election court ey ah rf -- 268

102. Acts done pending a petition not invalidate ae .-- 269

103. Provisions as to elections in the room of person unseated on

petition ... +f wae ee ee eed

104, Prohibition of disclosure af votes. ts in sas sapgel)

PART -V.

CoRPORATE PROPERTY AND LIABILITIES.

Misapplication of Corporate Property. 124. Prohibition of expenditure of corporate funds on parliamentary elections... vr ay, me 3 3 sasdLO PART XII.

LEGAL PROCEEDINGS.

219. Prosecution of offences and recovery of fines ... Be, ove DID

220. Exclusion of certioram ... Ae ... 272

221. Application of penalties in quarter sessions boroughs By . 273

222. Duties of clerk of peace as to fines and forfeitures! des ... 274

223. Service of summons or warrant . ri 100 214

224, Procedure in penal actions apatrce eorporate officers vue .. 274

225. Quo warranto and nonin an Pe Be fs

226. Provisions for protection of persons Seelie anday Act... pio

227. Power for borough constables to take bail ay Hy, aaah d,

PART XIII.

GENERAL.

Boundaries. 928. Boundaries of boroughs and transfer of parts to counties ... 278 229. Adjustment between boroughs and counties on change of .

boundaries Ay a og = ous” yeep} eae Time.

Computation of time ... = ee i 2A .-. 280

Distance.

Measurement of distances ‘ os et ite 7.280

_ Contents. XVii

SECTION Notices. PAGE

232,

234,

239. 240, 241.

243,

244,

245,

247,

Notices on town hall ee oa ye ee ae pe

Inspection and Copies.

Inspection of documents ... ay eh ar Gey ».. 281

Fees.

Tables of fees to be posted ss oe A “ts Primes)

Seals and Signatures.

Forgery... cee ae sti oo AE my pee toe

Applications to Treasury.

Notice of application to and correspondence with Treasury ... 283

Deputy.

Acts of deputy not to be invalidated by defect in aoinaent 283 Overseers.

Notices to and acting of overseers aie t ee si.) 2833

Declarations and Oaths.

Power to administer oaths, &c. ... re Ane Ue »-. 284 Forms.

Forms in Schedule vai ee a ae Hr ».. 284

Misnomer or Inaccurate Description.

Misnomer or inaccurate description not to hinder ,.. »». 284 Substitution wm former Acts.

Provision for references in unrepealed enactments to 5 & 6

Will. 4, c. 76, &c. a oF Se ba w+. 285 Short titles of Acts partly repealed die AN ae »-. 286

Returning Officers at Parliamentary Elections, Mayor of certain boroughs to be returning officer in parliamentary elections nay es ‘iy Bs is ... 286

Disfranchised Parliamentary Boroughs.

Electors in disfranchised boroughs as eee vas os« 286 LIncensing.

Explanation of terms “town orp erates &e., in Licensing Act Fc eas " ig za Te yee a.) 287 Freedom of Trading.

Right of free trading in boroughs OPE Sea PTO WT Ae Lol b

XVili Contents.

Cinque Ports.

SECTION | PAGE 248, Special provisions as to certain of the Cinque Ports ... Roar

Cambridge. 249. Vice-Chancellor of Cambridge ... cy. ae was ree 21!) Savings. 250, Saving for existing corporations ... wate a et ie 289 251. Saving for local Acts oe eee ae By sie sav BOO 952, Saving for Prison Acts... TY ove vat eee 290 253. Saving for military and naval officers, go. ive aS ... 290

254. Saving for dockyards, barracks, &c. ... ate ar +. 290 255. Saving as to Admiralty ... Hh aee cae my poe EOL 256. Saving for Lord Warden ... as a bee is font OU

257. Saving for universities... an hs w» 291 258. Saving for jurisdiction over cathedral precincts me Pte se 259. Saving for royal prerogative... Sie at as 0 mo 260. Saving as to repealed enactments + ee a .- 292 SCHEDULES.

THE SECOND SCHEDULE.

Meetings and Proceedings of Council ... oo ra bs ros 0200

THE THIRD SCHEDULE.

ELECTIONS.

Part II.—Rules as to nomination in elections of councillors ... 296 Part III.—Modifications of the Ballot Act in its application to municipal elections iy a rie ia ost ... 300

THE EIGHTH SCHEDULE.

FORMS.