The geographical analysis of the cotton industry in England is simple. It belongs almost entirely to south Lancashire—to Manchester and the great industrial towns in its neighbourhood. The industry has extended into the adjacent parts ofTextiles.Cheshire, the West Riding of Yorkshire and Derbyshire. The immediate neighbourhood of a coal-supply influenced the geographical settlement of this industry, like others; and the importance to the manufacture of a moist climate, such as is found on the western slope of the Pennines (in contradistinction to the eastern), must also be considered. The excess of the demand of the factories over the supply of raw material has become a remarkable feature of the industry in modern times.The distribution of the woollen industries peculiarly illustrates the changes which have taken place since the early establishment of manufacturing industries in England. It has been seen how completely the industry has forsaken East Anglia. Similarly, this industry was of early importance along the line of the Cotteswold Hills, from Chipping Camden to Stroud and beyond, as also in some towns of Devonshire and Cornwall, but though it survives in the neighbourhood of Stroud, the importance of this district is far surpassed by that of the West Riding of Yorkshire, where the woollen industry stands pre-eminent among the many which, as already indicated, have concentrated there. As the cotton industry has in some degree extended from Lancashire into the West Riding, so has the woollen from the West Riding into a few Lancastrian towns, such as Rochdale. Among other textile industries attaching to definite localities may be mentioned the silk manufacture of eastern Staffordshire and Cheshire, as at Congleton and Macclesfield; and the hosiery and lace manufactures of Nottinghamshire, Derbyshire and Leicestershire.The metal-working industries also follow a geographical distribution, mainly governed by the incidence of the coal-fields, as well as by that of the chief districts for the production of iron-ore already indicated, such as the Cleveland andMetal-working.Durham and the Furness districts. But the district most intimately connected with every branch of this industry, from engineering and the manufacture of tools, &c., to working in the precious metals, is the “Black Country” and Birmingham district of Staffordshire, Warwickshire and Worcestershire. Apart from this district, large quantities of iron and steel are produced in the manufacturing areas of Lancashire and the West Riding of Yorkshire,and here, as in the Black Country, are found certain centres especially noted for the production of an individual class of goods, such as Sheffield for its cutlery. There is, further, a large engineering industry in the London district; and important manufactures of agricultural implements are found at many towns of East Anglia and in other agricultural localities. Birmingham and Coventry may be specially mentioned as centres of the motor and cycle building industry. The establishment of their engineering and other workshops at certain centres by the great railway companies has important bearing on the concentration of urban population. For example, by this means the London & North Western and the Great Western companies have created large towns in Crewe and Swindon respectively.Certain other important industries may be localized. Thus, the manufacture of china and pottery, although widespread, is primarily identified with Staffordshire, where an area comprising Stoke and a number of contiguous towns actually bears the name of the Potteries (q.v.). Derby has a similar fame, while the manufacture of glass, important in Leeds and elsewhere in the West Riding of Yorkshire, and in the London district, centres peculiarly upon a single town in South Lancashire—St Helens. Finally, the bootmakers of Northamptonshire (at Wellingborough, Rushden, &c.), and the straw-plaiters of Bedfordshire (at Luton and Dunstable), deserve mention among localized industrial communities.
The geographical analysis of the cotton industry in England is simple. It belongs almost entirely to south Lancashire—to Manchester and the great industrial towns in its neighbourhood. The industry has extended into the adjacent parts ofTextiles.Cheshire, the West Riding of Yorkshire and Derbyshire. The immediate neighbourhood of a coal-supply influenced the geographical settlement of this industry, like others; and the importance to the manufacture of a moist climate, such as is found on the western slope of the Pennines (in contradistinction to the eastern), must also be considered. The excess of the demand of the factories over the supply of raw material has become a remarkable feature of the industry in modern times.
The distribution of the woollen industries peculiarly illustrates the changes which have taken place since the early establishment of manufacturing industries in England. It has been seen how completely the industry has forsaken East Anglia. Similarly, this industry was of early importance along the line of the Cotteswold Hills, from Chipping Camden to Stroud and beyond, as also in some towns of Devonshire and Cornwall, but though it survives in the neighbourhood of Stroud, the importance of this district is far surpassed by that of the West Riding of Yorkshire, where the woollen industry stands pre-eminent among the many which, as already indicated, have concentrated there. As the cotton industry has in some degree extended from Lancashire into the West Riding, so has the woollen from the West Riding into a few Lancastrian towns, such as Rochdale. Among other textile industries attaching to definite localities may be mentioned the silk manufacture of eastern Staffordshire and Cheshire, as at Congleton and Macclesfield; and the hosiery and lace manufactures of Nottinghamshire, Derbyshire and Leicestershire.
The metal-working industries also follow a geographical distribution, mainly governed by the incidence of the coal-fields, as well as by that of the chief districts for the production of iron-ore already indicated, such as the Cleveland andMetal-working.Durham and the Furness districts. But the district most intimately connected with every branch of this industry, from engineering and the manufacture of tools, &c., to working in the precious metals, is the “Black Country” and Birmingham district of Staffordshire, Warwickshire and Worcestershire. Apart from this district, large quantities of iron and steel are produced in the manufacturing areas of Lancashire and the West Riding of Yorkshire,and here, as in the Black Country, are found certain centres especially noted for the production of an individual class of goods, such as Sheffield for its cutlery. There is, further, a large engineering industry in the London district; and important manufactures of agricultural implements are found at many towns of East Anglia and in other agricultural localities. Birmingham and Coventry may be specially mentioned as centres of the motor and cycle building industry. The establishment of their engineering and other workshops at certain centres by the great railway companies has important bearing on the concentration of urban population. For example, by this means the London & North Western and the Great Western companies have created large towns in Crewe and Swindon respectively.
Certain other important industries may be localized. Thus, the manufacture of china and pottery, although widespread, is primarily identified with Staffordshire, where an area comprising Stoke and a number of contiguous towns actually bears the name of the Potteries (q.v.). Derby has a similar fame, while the manufacture of glass, important in Leeds and elsewhere in the West Riding of Yorkshire, and in the London district, centres peculiarly upon a single town in South Lancashire—St Helens. Finally, the bootmakers of Northamptonshire (at Wellingborough, Rushden, &c.), and the straw-plaiters of Bedfordshire (at Luton and Dunstable), deserve mention among localized industrial communities.
Occupations of the People.—The occupations of the people may be so considered as to afford a conception of the relative extent of the industries already noticed, and their importance in relation to other occupations. The figures to be given are those of the census of 1901, and embrace males and females of 10 years of age and upwards. The textile manufactures occupied a total of 994,668 persons, of which the cotton industry occupied 529,131. A high proportion of female labour is characteristic of each branch of this industry, the number of females employed being about half as many again as that of males (the proportion was 1.47 to 1 in 1901). The metal industries of every sort occupied 1,116,202; out of which those employed in engineering (including the building of all sorts of vehicles) numbered 741,346. Of the other broad classes of industry already indicated, the manufacture of boots and shoes occupied 229,257, and the pottery and glass manufactures 90,193. For the rest, the numbers of persons occupied in agriculture has been quoted as 1,192,167; and of those occupied in mining as 805,185. Among occupations not already detailed, those of the male population include transport of every sort (1,094,301), building and other works of construction (1,042,864), manufacture of articles of human consumption, lodging, &c. (774,291), commerce, banking, &c. (530,685), domestic service, &c. (304,195), professional occupations (311,618). The service of government in every branch occupied 171,687. Female workers were occupied to the number of 1,664,381 in domestic service generally. Tailoring and the textile clothing industries and trade generally occupied 602,881; teaching 172,873; nursing and other work in institutions 104,036; and the civil service, clerkships and similar occupations 82,635.
IX.Territorial Divisions, &c.
For various administrative and other purposes England and Wales have been divided, at different times from the Saxon period onwards, into a series of divisions, whose boundaries have been adjusted as each purpose demanded, without much attempt to establish uniformity. Therefore, although the methods of local government are detailed below (Section X.), and other administrative arrangements are described under the various headings dealing with each subject, it is desirable to give here, for ease of reference and distinction, a schedule of the various areas into which England and Wales are divided. The areas here given, excepting the Poor Law Union, are those utilized in the Census Returns (see the General Report, 1901).
England and Wales; Areas.County (ancient or geographical).
The ancient counties were superseded for most practical purposes by the administrative counties created by the Local Government Act of 1888. The ancient division, however, besides being maintained in general speech and usage, forms the basis on which the system of distribution of parliamentary representation now in force was constructed. The Redistribution of Seats Act 1885 made a new division of the country into county and borough constituencies. All the English counties, with the exception of Rutland, are divided into two or more constituencies, each returning one member, the number of English county parliamentary areas being 234. In Wales eight smaller or less populous counties form each one parliamentary constituency, while the four larger are divided, the number of Welsh county parliamentary areas being 19. The number of county areas for parliamentary purposes in England and Wales is thus 253, and the total number of their representatives is the same. Outside the county constituencies are the parliamentary boroughs. Of these there are 135 in England, one of them, Monmouth district, being made up of three contributory boroughs, while many are divided into several constituencies, the number of borough parliamentary areas in England being 205, of which 61 are in the metropolis. Of the 205 borough constituencies, 184 return each one member, and 21 return each two members, so that the total number of English borough members is 226. Besides the county and borough members there are in England five university members, namely, two for Oxford, two for Cambridge and one for London. In Wales there are 10 borough parliamentary areas, all of which, except Merthyr Tydfil and Swansea town division, consist of groups of several contributory boroughs. Each Welsh borough constituency returns one member, except Merthyr Tydfil, which returns two, so that there are eleven Welsh borough members.
The administrative counties, created in 1888, number 62, each having a county council. They sometimes coincide in area with the ancient counties of the same name, but generally differ, in a greater or less degree, for the following reasons—(1) in some cases an ancient county comprises (approximately) two or more administrative counties, in the formation of which names of some ancient divisions were preserved, thus:—
The Scilly Islands, which form part of the ancient county of Cornwall, without being ranked as an administrative county, are provided with a county council and have separate administration. (2) The administrative county of London has an area taken entirely from the counties of Middlesex, Kent and Surrey. (3) All boroughs which on June 1, 1888, had a population of not less than 50,000, boroughs which were already counties having a population of not less than 20,000, and a few others, were formed into separate administrative areas, with the name of countyboroughs. Of these there were originally 61, but their number subsequently increased. (4) Provision was made by the act of 1888 for including entirely within one administrative county each of such urban districts as were situated in more than one ancient county.
The various urban and rural districts are described below (Section X.). TheCivil Parishis defined (Poor Law Amendment Act 1866) as “a place for which a separate poor-rate is or can be made,” but the parish council has local administrative functions beyond the administration of the poor law. The civil parish has become more or less divorced in relationship from theEcclesiastical Parish(a division which probably served in early times for administrative purposes also), owing to successive independent alterations in the boundaries of both (seeParish).Poor-law unionsare groups of parishes for the local administration of the Poor Laws. Within the unions the local poor-law authorities are theBoard of Guardians. In rural districts the functions of these boards are, under the Local Government Act of 1894, performed by the district councils, and in other places their constitution is similar to that of the urban and district councils (seePoor Law).
Registration districtsare generally, but not invariably, coextensive with unions of the same name. These districts are divided into sub-districts, within which the births and deaths are registered by registrars appointed for that purpose.Registration countiesare groups of registration districts, and their boundaries differ more or less from those both of the ancient and the administrative counties. In England and Wales there are eleven registration divisions, consisting of groups of registration counties (seeRegistration).
(O. J. R. H.)
X. Local Government
The Reform Act of 1832 was the real starting-point for the overhauling of English local government. For centuries before, from the reign of Edward III., under a number of statutes and commissions, the administrative work in the counties had been in the hands of the country gentlemen and the clergy, acting as justices of the peace, and sitting in petty sessions and quarter sessions. Each civil or “poor law” parish was governed by the vestry and the overseers of the poor, dating from the Poor Law of 1601; the vestry, which dealt with general affairs, being presided over by the rector, and having the churchwardens as its chief officials. In 1782 Gilbert’s Act introduced the grouping of parishes for poor law purposes, and boards of guardians appointed by the justices of the peace. The municipal boroughs (246 in England and Wales in 1832) were governed by mayor, aldermen, councillors and a close body of burgesses or freemen, a narrow oligarchy. Reform began with the Poor Law Amendment Act of 1834, grouping the parishes into Unions, making the boards of guardians mainly elective, and creating a central poor law board in London. The Municipal Corporations Act followed in 1835, giving all ratepayers the local franchise. And as a result of the failure of the Public Health Board established in 1848, the royal commission of 1869-1871 led to the establishment in 1871 of the Local Government Board as a central supervising body. Meanwhile, the school boards resulting from the Education Act of 1870 brought local government also into the educational system; and the Public Health Act of 1875 put further duties on the local authorities. By 1888 a new state of chaos had grown up as the result of the multiplication of bodies, and the new Redistribution Act of 1885 paved the way for a further reorganization of local matters by the Local Government Act of 1888, followed by that of 1894. In London, which required separate treatment, a similar process had been going on. The Metropolis Management Act of 1855 established (outside the city) two classes of parishes—the first class with vestries of their own, the second class grouped under district boards elected by the component vestries; and the Metropolitan Board of Works (abolished in 1888), elected by the vestries and the district boards, was made the central authority.
In 1867 the Metropolitan Asylums Board took over its work from the metropolitan boards of guardians. See furtherCharity and Charities,Public Health,Education,Justice of the Peace,Vestry, &c.
The system of local government now existing in England (see also the articleLocal Government) may be said to have been founded in 1888, when the Local Government Act of that year was passed. Since then the entire system of the government of districts and parishes has been reorganized with due regard to the preceding legislation. The largest area of local government is the county; next to that the sanitary district, urban or rural, including under this head municipal boroughs, all of which are urban districts. The parish is, speaking generally, the smallest area, though, as will hereafter be seen, part of a parish may be a separate area for certain purposes; and there may be united districts or parishes for certain purposes. It will be convenient to follow this order in the present article. But before doing so, it should be pointed out that all local bodies in England are to some extent subject to the control of central authorities, such as the privy council, the home office, the Board of Agriculture, the Board of Trade, the Board of Education or the Local Government Board.
The Administrative County.—The administrative county includes all places within its area, with two important exceptions. The first of these consists of the county borough. The second is the quarter sessions borough, whichThe county and the county council.forms part of the county for certain specified purposes only. But the county includes all other places, such as liberties and franchises, which before 1888 were exempt from contribution to county rate. For each administrative county a county council is elected. For purposes of election the entire county is divided into divisions corresponding to the wards of a municipal borough, and one councillor is elected for each electoral division.
The electors are the county electors,i.e.in a borough the persons enrolled as burgesses, and in the rest of the county theCounty council elections.persons who are registered as county electors,i.e.those persons who possess in a county the same qualification as burgesses must have in a borough, and are registered.
The qualification of a burgess or county elector is substantially the occupation of rated property within the borough or county, residence during a qualifying period of twelve months within the borough or county, and payment of rates for the qualifying property. A person so qualified is entitled to be enrolled as a burgess, or registered as a county elector (as the case may be), unless he is alien, has during the qualifying period received union or parochial relief or other alms, or is disentitled under some act of parliament such as the Corrupt Practices Act, the Felony Act, &c. The lists of burgesses and county electors are prepared annually by the overseers of each parish in the borough or county, and are revised by the revising barrister at courts holden by him for the purpose in September or October of each year. When revised they are sent to the town clerk of the borough, or to the clerk of the peace of the county, as the case may be, by whom they are printed. The lists are conclusive of the right to vote at an election, although on election petition involving a scrutiny the vote of a person disqualified by law may be struck off, notwithstanding the inclusion of his name in a list of voters.The qualification of a county councillor is similar to that required of a councillor in a municipal borough, with some modifications. A person may be qualified in any one of the following ways: viz. by being (1) enrolled as a county elector, and possessed of a property qualification consisting of the possession of real or personal property to the amount of £1000 in a county having four or more divisions, or of £500 in any other county,orthe being rated to the poor rate on an annual value of £30 in a county having four or more divisions, or of £15 in any other county; (2) enrolled in the non-resident list, and possessed of the same property qualification (the non-resident list contains the names of persons who are qualified for enrolment in all respects save residence in the county or within 7 m. thereof, and are actually resident beyond the 7 m. and within 15 m.); (3) entitled to elect to the office of county councillor (for this qualification no property qualification is required, but the office of a councillor elected on this qualification only becomes vacant if for six months he ceases to reside within the county); (4) a peer owning property in the county; (5) registered as a parliamentary voter in respect of the ownership of property in the county. Clerks in holy orders and ministers of religion are not disqualified as they are for being borough councillors, but in other respects the persons disqualified to be elected for a county are the same as those disqualified to be elected for a borough. Such disqualifications include the holding of any office or place of profit under the council other than the office of chairman, and the being concerned or interested in any contract oremployment with, by or on behalf of the council. Women, other than married women, are eligible.(Click to enlarge.)County councillors are elected for a term of three years, and at the end of that time they retire together. The ordinary day of election is the 8th March, or some day between the 1st and 8th March fixed by the council. Candidates are nominated in writing by a nomination paper signed by a proposer and seconder, and subscribed by eight other assenting county electors of the division; and in the event of there being more valid nominations than vacancies a poll has to be taken in the manner prescribed by the Ballot Act 1872. Corrupt and illegal practices at the election are forbidden by a statute passed in the year 1894, which imposes heavy penalties and disqualifications for the offences which it creates. These offences include not only treating, undue influence, bribery and personation, but certain others, of which the following are the chief. Payment on account of the conveyance of electors to or from the poll; payment for any committee room in excess of a prescribed number; the incurring of expenses in and about the election beyond a certain maximum; employing, for the conveyance of electors to or from the poll, hackney carriages or carriages kept for hire; payments for bands, flags, cockades, &c.; employing for payment persons at the election beyond the prescribed number; printing and publishing bills, placards or posters which do not disclose the name and address of the printer or publisher; using as committee rooms or for meetings any licensed premises, or any premises where food or drink is ordinarily sold for consumption on the premises, or any club premises where intoxicating liquor is supplied to members. In the event of an illegal practice, payment, employment or hiring, committed or done inadvertently, relief may be given by the High Court, or by an election court, if the validity of the election is questioned on petition; but unless such relief is given (and it will be observed that it cannot be given for acorruptas distinguished from an illegal practice), an infringement of the act may void the election altogether. The validity of the election may be questioned by election petition. Indeed, this is the only method when it is sought to set aside the election on any of the usual grounds, such as corrupt or illegal practices, or the disqualification of the candidate at the date of election. Election petitions against county councillors and members of other local bodies (borough councillors, urban and rural district councillors, members of school boards and boards of guardians) are classed together as municipal election petitions, and are heard in the same way, by a commissioner who must be a barrister of not less than fifteen years’ standing. The petition is tried in open court at some place within the county, the expenses of the court being provided in the first instance by the Treasury, and repaid out of the county rates, except in so far as the court may order them to be paid by either of the parties. If a candidate is unseated a casual vacancy is created which has to be filled by a new election. A county councillor is required to accept office by making and subscribing a declaration in the prescribed form that he will duly and faithfully perform the duties of the office, and that he possesses the necessary qualification. The declaration may be made at any time within three months after notice of election. If the councillor does not make it within that time, he is liable to a fine the amount of which, if not determined by bye-law of the council, is £25 in the case of an alderman or councillor, and £50 in the case of the chairman. Exemption may, however, be claimed on the ground of age, physical or mental incapacity, previous service, or payment of the fine within five years, or on the ground that the claimant was nominated without his consent. If during his term of office a member of the council becomes bankrupt, or compounds with his creditors, or is (except in case of illness) continuously absent from the county, being chairman for more than two months, or being alderman or councillor for more than six months, his office becomes vacant by declaration of the council. In the case of disqualification by absence, the same fines are payable as upon non-acceptance of office, and the same liability arises on resignation. Acting without making the declaration, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, involves liability to a fine not exceeding £50, recoverable by action.The councillors who have been elected come into office on the 8th March in the year of election. The first quarterly meeting of the newly-elected council is held on the 16th or on such other day within ten days after the 8th as the countyChairman, &c.council may fix. The first business at that meeting is the election of the chairman, whose office corresponds to that of the mayor in a borough. He is elected for the ensuing year, and holds office until his successor has accepted office. The chairman must be a fit person, elected by the council from their own body or from persons qualified to be councillors. He may receive such remuneration as the council think reasonable. He is by virtue of his office a justice of the peace for the county. Having elected the chairman, the meeting proceeds to the election of aldermen, whose number is one-third of the number of councillors, except in London, where the number is one-sixth. An alderman must be a councillor or a person qualified to be a councillor. If a councillor is elected he vacates his office of councillor, and thus creates a casual vacancy in the council. In every third year one-half of the whole number of aldermen go out of office, and their places are filled by election, which is conducted by means of voting papers. It will be observed, therefore, that while a county councillor holds office for three years, a county alderman holds office for six. The council may also appoint a vice-chairman who holds office during the term of office of the chairman; in London the council have power to appoint a paid deputy chairman.It may be convenient at this point to refer to the officers of the county council. Of these, the chief are the clerk, the treasurer, and the surveyor. Before 1888 the clerk of the peace was appointed in a county by thecustos rotulorum.Officers.He held office for life during good conduct, and had power to act by a sufficient deputy. Under the act of 1888 existing clerks of the peace became clerks of the councils of their counties, holding office by the same tenure as formerly, except in the county of London, where the offices were separated. Thereafter a new appointment to the offices of clerk of the peace and clerk of the county council was to be made by the standing joint-committee, at whose pleasure he is to hold office. The same committee appoint the deputy-clerk, and fix the salaries of both officers. The clerk of the peace was formerly paid by fees which were fixed by quarter sessions, but he is now generally, if not in every case, paid by salary, the fees received by him being paid into the county fund. The county council may also employ such other officers and servants as they may think necessary.Subject to a few special provisions in the Local Government Act of 1888, the business of the county council is regulated by the provisions laid down in the Municipal Corporations Act 1882, with regard to borough councils. There are fourBusiness.quarterly meetings in every year, the dates of which may be fixed by the council, with the exception of that which must be held on the 16th March or some day within ten days after the 8th of March as already noticed when treating of elections. Meetings are convened by notices sent to members stating the time and place of the meeting and the business to be transacted. The chairman, or in his absence the vice-chairman, or in the absence of both an alderman or councillor appointed by the meeting, presides. All questions are determined by the votes of the majority of those present and voting, and in case of equality of votes the chairman has a casting vote. Minutes of the proceedings are taken, and if signed by the chairman at the same or the next meeting of the council are evidence of the proceedings. In all other respects the business of the council is regulated by standing orders which the council are authorized to make. Very full power is given to appoint committees, which may be either general or special, and to them may be delegated, with or without restrictions or conditions, any of their powers or duties except that of raising money by rate or loan. Power is also given to appoint joint-committees with other county councils in matters in which the two councils are jointly interested, but a joint-committee so appointed must not be confounded with the standing joint-committee of the county council and the quarter sessions, which is a distinct statutory body and is elsewhere referred to. The finance committee is also a body with distinct duties.
The qualification of a burgess or county elector is substantially the occupation of rated property within the borough or county, residence during a qualifying period of twelve months within the borough or county, and payment of rates for the qualifying property. A person so qualified is entitled to be enrolled as a burgess, or registered as a county elector (as the case may be), unless he is alien, has during the qualifying period received union or parochial relief or other alms, or is disentitled under some act of parliament such as the Corrupt Practices Act, the Felony Act, &c. The lists of burgesses and county electors are prepared annually by the overseers of each parish in the borough or county, and are revised by the revising barrister at courts holden by him for the purpose in September or October of each year. When revised they are sent to the town clerk of the borough, or to the clerk of the peace of the county, as the case may be, by whom they are printed. The lists are conclusive of the right to vote at an election, although on election petition involving a scrutiny the vote of a person disqualified by law may be struck off, notwithstanding the inclusion of his name in a list of voters.
The qualification of a county councillor is similar to that required of a councillor in a municipal borough, with some modifications. A person may be qualified in any one of the following ways: viz. by being (1) enrolled as a county elector, and possessed of a property qualification consisting of the possession of real or personal property to the amount of £1000 in a county having four or more divisions, or of £500 in any other county,orthe being rated to the poor rate on an annual value of £30 in a county having four or more divisions, or of £15 in any other county; (2) enrolled in the non-resident list, and possessed of the same property qualification (the non-resident list contains the names of persons who are qualified for enrolment in all respects save residence in the county or within 7 m. thereof, and are actually resident beyond the 7 m. and within 15 m.); (3) entitled to elect to the office of county councillor (for this qualification no property qualification is required, but the office of a councillor elected on this qualification only becomes vacant if for six months he ceases to reside within the county); (4) a peer owning property in the county; (5) registered as a parliamentary voter in respect of the ownership of property in the county. Clerks in holy orders and ministers of religion are not disqualified as they are for being borough councillors, but in other respects the persons disqualified to be elected for a county are the same as those disqualified to be elected for a borough. Such disqualifications include the holding of any office or place of profit under the council other than the office of chairman, and the being concerned or interested in any contract oremployment with, by or on behalf of the council. Women, other than married women, are eligible.
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County councillors are elected for a term of three years, and at the end of that time they retire together. The ordinary day of election is the 8th March, or some day between the 1st and 8th March fixed by the council. Candidates are nominated in writing by a nomination paper signed by a proposer and seconder, and subscribed by eight other assenting county electors of the division; and in the event of there being more valid nominations than vacancies a poll has to be taken in the manner prescribed by the Ballot Act 1872. Corrupt and illegal practices at the election are forbidden by a statute passed in the year 1894, which imposes heavy penalties and disqualifications for the offences which it creates. These offences include not only treating, undue influence, bribery and personation, but certain others, of which the following are the chief. Payment on account of the conveyance of electors to or from the poll; payment for any committee room in excess of a prescribed number; the incurring of expenses in and about the election beyond a certain maximum; employing, for the conveyance of electors to or from the poll, hackney carriages or carriages kept for hire; payments for bands, flags, cockades, &c.; employing for payment persons at the election beyond the prescribed number; printing and publishing bills, placards or posters which do not disclose the name and address of the printer or publisher; using as committee rooms or for meetings any licensed premises, or any premises where food or drink is ordinarily sold for consumption on the premises, or any club premises where intoxicating liquor is supplied to members. In the event of an illegal practice, payment, employment or hiring, committed or done inadvertently, relief may be given by the High Court, or by an election court, if the validity of the election is questioned on petition; but unless such relief is given (and it will be observed that it cannot be given for acorruptas distinguished from an illegal practice), an infringement of the act may void the election altogether. The validity of the election may be questioned by election petition. Indeed, this is the only method when it is sought to set aside the election on any of the usual grounds, such as corrupt or illegal practices, or the disqualification of the candidate at the date of election. Election petitions against county councillors and members of other local bodies (borough councillors, urban and rural district councillors, members of school boards and boards of guardians) are classed together as municipal election petitions, and are heard in the same way, by a commissioner who must be a barrister of not less than fifteen years’ standing. The petition is tried in open court at some place within the county, the expenses of the court being provided in the first instance by the Treasury, and repaid out of the county rates, except in so far as the court may order them to be paid by either of the parties. If a candidate is unseated a casual vacancy is created which has to be filled by a new election. A county councillor is required to accept office by making and subscribing a declaration in the prescribed form that he will duly and faithfully perform the duties of the office, and that he possesses the necessary qualification. The declaration may be made at any time within three months after notice of election. If the councillor does not make it within that time, he is liable to a fine the amount of which, if not determined by bye-law of the council, is £25 in the case of an alderman or councillor, and £50 in the case of the chairman. Exemption may, however, be claimed on the ground of age, physical or mental incapacity, previous service, or payment of the fine within five years, or on the ground that the claimant was nominated without his consent. If during his term of office a member of the council becomes bankrupt, or compounds with his creditors, or is (except in case of illness) continuously absent from the county, being chairman for more than two months, or being alderman or councillor for more than six months, his office becomes vacant by declaration of the council. In the case of disqualification by absence, the same fines are payable as upon non-acceptance of office, and the same liability arises on resignation. Acting without making the declaration, or without being qualified at the time of making the declaration, or after ceasing to be qualified, or after becoming disqualified, involves liability to a fine not exceeding £50, recoverable by action.
The councillors who have been elected come into office on the 8th March in the year of election. The first quarterly meeting of the newly-elected council is held on the 16th or on such other day within ten days after the 8th as the countyChairman, &c.council may fix. The first business at that meeting is the election of the chairman, whose office corresponds to that of the mayor in a borough. He is elected for the ensuing year, and holds office until his successor has accepted office. The chairman must be a fit person, elected by the council from their own body or from persons qualified to be councillors. He may receive such remuneration as the council think reasonable. He is by virtue of his office a justice of the peace for the county. Having elected the chairman, the meeting proceeds to the election of aldermen, whose number is one-third of the number of councillors, except in London, where the number is one-sixth. An alderman must be a councillor or a person qualified to be a councillor. If a councillor is elected he vacates his office of councillor, and thus creates a casual vacancy in the council. In every third year one-half of the whole number of aldermen go out of office, and their places are filled by election, which is conducted by means of voting papers. It will be observed, therefore, that while a county councillor holds office for three years, a county alderman holds office for six. The council may also appoint a vice-chairman who holds office during the term of office of the chairman; in London the council have power to appoint a paid deputy chairman.
It may be convenient at this point to refer to the officers of the county council. Of these, the chief are the clerk, the treasurer, and the surveyor. Before 1888 the clerk of the peace was appointed in a county by thecustos rotulorum.Officers.He held office for life during good conduct, and had power to act by a sufficient deputy. Under the act of 1888 existing clerks of the peace became clerks of the councils of their counties, holding office by the same tenure as formerly, except in the county of London, where the offices were separated. Thereafter a new appointment to the offices of clerk of the peace and clerk of the county council was to be made by the standing joint-committee, at whose pleasure he is to hold office. The same committee appoint the deputy-clerk, and fix the salaries of both officers. The clerk of the peace was formerly paid by fees which were fixed by quarter sessions, but he is now generally, if not in every case, paid by salary, the fees received by him being paid into the county fund. The county council may also employ such other officers and servants as they may think necessary.
Subject to a few special provisions in the Local Government Act of 1888, the business of the county council is regulated by the provisions laid down in the Municipal Corporations Act 1882, with regard to borough councils. There are fourBusiness.quarterly meetings in every year, the dates of which may be fixed by the council, with the exception of that which must be held on the 16th March or some day within ten days after the 8th of March as already noticed when treating of elections. Meetings are convened by notices sent to members stating the time and place of the meeting and the business to be transacted. The chairman, or in his absence the vice-chairman, or in the absence of both an alderman or councillor appointed by the meeting, presides. All questions are determined by the votes of the majority of those present and voting, and in case of equality of votes the chairman has a casting vote. Minutes of the proceedings are taken, and if signed by the chairman at the same or the next meeting of the council are evidence of the proceedings. In all other respects the business of the council is regulated by standing orders which the council are authorized to make. Very full power is given to appoint committees, which may be either general or special, and to them may be delegated, with or without restrictions or conditions, any of their powers or duties except that of raising money by rate or loan. Power is also given to appoint joint-committees with other county councils in matters in which the two councils are jointly interested, but a joint-committee so appointed must not be confounded with the standing joint-committee of the county council and the quarter sessions, which is a distinct statutory body and is elsewhere referred to. The finance committee is also a body with distinct duties.
In order to appreciate some of the points relating to the finance of a county council, it is necessary to indicate the relations between an administrative county and the boroughs which are locally situated within it. The act of 1888Relation of county to boroughs.created a new division of boroughs into three classes; of these the first is the county borough. A certain number of boroughs which either had a population of not less than 50,000, or were counties of themselves, were made counties independent of the county council and free from the payment of county rate. In such boroughs the borough council have, in addition to their powers under the Municipal Corporations Act 1882, all the powers of a county council under the Local Government Act. They are independent of the county council, and their only relation is that in some instances they pay a contribution to the county,e.g.for the cost of assizes where there is no separate assize for the borough. The boroughs thus constituted county boroughs enumerated in the schedule to the Local Government Act 1888 numbered sixty-one, but additional ones are created from time to time.
The larger quarter sessions boroughs,i.e.those which had, according to the census of 1881, a population exceeding 10,000, form part of the county, and are subject to the control of the county council, but only for certain special purposes. The reason for this is that while in counties the powers and duties under various acts were entrusted to the county authority, in boroughs they were exercised by the borough councils. In the class of boroughs now under consideration these powers and duties are retained by the borough council; the county council exercise no jurisdiction within the borough in respect of them, and the borough is not rated in respect of them to the countyrate. The acts referred to include those relating to the diseases of animals, destructive insects, explosives, fish conservancy, gas meters, margarine, police, reformatory and industrial schools, riot (damages), sale of food and drugs, weights and measures. But for certain purposes these boroughs are part of the county and rateable to county rate,e.g.main roads, cost of assizes and sessions, and in certain cases pauper lunatics. The county councillors elected for one of these boroughs may not vote on any matter involving expenditure on account of which the borough is not assessed to county rate.
The third class of boroughs comprises those which have a separate court of quarter sessions, but had according to the census of 1881 a population of less than 10,000. All such boroughs form part of the county for the purposes of pauper lunatics, analysts, reformatory and industrial schools, fish conservancy, explosives, and, of course, the purposes for which the larger quarter sessions boroughs also form part of the county, such as main roads, and are assessed to county rate accordingly. And in a borough, whether a quarter sessions borough or not, which had in 1881 a population of less than 10,000, all the powers which the borough council formerly possessed as to police, analysts, diseases of animals, gas meters, and weights and measures cease and are transferred to the county council, the boroughs becoming in fact part of the area of the county for these purposes.
It will be seen, therefore, that for some purposes, called in the act general county purposes, the entire county, including all boroughs other than county boroughs, is assessed to the county rate; while for others, called special county purposes, certain boroughs are now assessed. This explanation is necessary in order to appreciate what has now to be said about county finance. But before leaving the consideration of the area of the county it may be added that all liberties and franchises are now merged in the county and subject to the jurisdiction of the county council.
The county council is a body corporate with power to hold lands. Its revenues are derived from various sources which will presently be mentioned, but all receipts have to be carried to the county fund, either to the generalFinance.county account if applicable to general county purposes, or to the special county account if applicable to special county purposes. The county council may, with the consent of the Local Government Board, borrow money on the security of the county fund or any of its revenues, for consolidating the debts of the county; purchasing land or buildings; any permanent work or other thing, the cost of which ought to be spread over a term of years; making advances in aid of the emigration or colonization of inhabitants of the county; and any purpose for which quarter sessions or the county council are authorized by any act to borrow. If, however, the total debt of the council will, with the amount proposed to be borrowed, exceed one-tenth of the annual rateable value of the property in the county, the money cannot be borrowed unless under a provisional order made by the Local Government Board and confirmed by parliament. The period for which a loan is made is fixed by the county council with the consent of the Local Government Board, but may not exceed thirty years, and the mode of repayment may be by equal yearly or half-yearly instalments of principal or of principal and interest combined, or by means of a sinking fund invested and applied in accordance with the Local Government Acts. The loans authorized may be raised by debentures or annuity certificates under these acts, or by the issue of county stock, and in some cases by mortgage.
The county council must appoint a finance committee for regulating and controlling the finance of the county, and the council cannot make any order for the payment of money out of the county fund save on the recommendation of that committee. Moreover, the order for payment of any sum must be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council, and countersigned by the clerk. The order is directed to the county treasurer, by whom authorized payments are then made.The accounts of the receipts and expenditure of the county council are made up for the twelve months ending the 31st March in each year, and are audited by a district auditor. The form in which the accounts must be made up is prescribed by the Local Government Board. The auditor is a district auditor appointed by the Local Government Board under the District Auditors Act 1879, and in respect of the audit the council is charged with a stamp duty, the amount of which depends on the total of the expenditure comprised in the financial statement. Before each audit the auditor gives notice of the time and place appointed, and the council publish the appointment by advertisement. A copy of the accounts has to be deposited for public inspection for seven days before the audit. The auditor has the fullest powers of investigation; he may require the production of any books or papers, and he may require the attendance before him of any person accountable. Any owner of property or ratepayer may attend the audit and object to the accounts, and either on such objection or on his own motion the auditor may disallow any payment and surcharge the amount on the persons who made or authorized it. Against any allowance or surcharge appeal lies to the High Court if the question involved is one of law, or to the Local Government Board, who have jurisdiction to remit a surcharge if, in the circumstances, it appears to them to be fair and equitable to do so. It will be seen that this is really an effective audit.The sources of revenue of the council are the exchequer contribution, income from property and fees, and rates. Before 1888 large grants of money had been made annually to local authorities in aid of local taxation. Such grants representedRevenue of county council.a contribution out of taxation for the most part arising out of property other than real property, while local taxation fell on real property alone. By the act of 1888 it was provided that for the future such annual grants should cease, and that other payments should be made instead thereof. The commissioners of Inland Revenue pay into the Bank of England, to an account called “the local taxation account,” the sums ascertained to be the proceeds of the duties collected by them in each county on what are called local taxation licences, which include licences for the sale of intoxicating liquor, licences on dogs, guns, establishment licences, &c. The amount so ascertained to have been collected in each county is paid under direction of the Local Government Board to the council of that county. The commissioners of Inland Revenue also pay into the same account a sum equal to 1½% on the net value of personal property in respect of which estate duty is paid. Under the Local Taxation (Customs and Excise) Act 1890, certain duties imposed on spirits and beer (often referred to as “whisky money”) are also to be paid to “the local taxation account.” The sums so paid in respect of the duties last above mentioned, and in respect of the estate duty and spirits and beer additional duties, are distributed among the several counties in proportion to the share which the Local Government Board certify to have been received by each county during the financial year ending the 31st March 1888, out of the grants theretofore made out of the exchequer in aid of local rates. The payments so made out of “the local taxation account” to a county council are paid to the county fund, and carried to a separate account called “the Exchequer contribution account.” The money standing to the credit of this account is applied: (i.) in paying any costs incurred in respect thereof or otherwise chargeable thereon; (ii.) in payment of the sums required by the Local Government Act 1888 to be paid in substitution for local grants; (iii.) in payment of the new grant to be made by the county council in respect of the costs of union officers; and (iv.) in repaying to “the general county account” of the county fund the costs on account of general county purposes for which the whole area of the county (including boroughs other than county boroughs) is liable to be assessed to county contribution. Elaborate provision is made for the distribution of the surplus (if any), with a view to securing a due share being paid to the quarter sessions boroughs.The payments which the county council have to make in substitution for the local grants formerly made out of Imperial funds include payments for or towards the remuneration of the teachers in poor-law schools and public vaccinators; school fees paid for children sent from a workhouse to a public elementary school; half of the salaries of the medical officer of health and the inspector of nuisances of district councils; the remuneration of registrars for births and deaths; the maintenance of pauper lunatics; half of the cost of the pay and clothing of the police of the county, and of each borough maintaining a separate police force. In addition to the grants above mentioned, the county council is required to grant to the guardians of every poor-law union wholly or partly in their county an annual sum for the costs of the officers of the union and of district schools to which the union contributes. Another source is the income of any property belonging to the council, but the amount of this is usually small. The third source of revenue consists of the fees received by the different officers of the county councils or of the joint-committee. For example, fees received by the clerk of the peace, inspectors of weights and measures, and the like. These fees are paid into the county fund, and carried either to “the general county account” or, if they have been received in respect of some matter for which part only of the county is assessed, then to the special account to which the rates levied for that purpose are carried. The remaining source of income of a county council is the county rate, the manner of levying which is hereafter stated.
The county council must appoint a finance committee for regulating and controlling the finance of the county, and the council cannot make any order for the payment of money out of the county fund save on the recommendation of that committee. Moreover, the order for payment of any sum must be made in pursuance of an order of the council signed by three members of the finance committee present at the meeting of the council, and countersigned by the clerk. The order is directed to the county treasurer, by whom authorized payments are then made.
The accounts of the receipts and expenditure of the county council are made up for the twelve months ending the 31st March in each year, and are audited by a district auditor. The form in which the accounts must be made up is prescribed by the Local Government Board. The auditor is a district auditor appointed by the Local Government Board under the District Auditors Act 1879, and in respect of the audit the council is charged with a stamp duty, the amount of which depends on the total of the expenditure comprised in the financial statement. Before each audit the auditor gives notice of the time and place appointed, and the council publish the appointment by advertisement. A copy of the accounts has to be deposited for public inspection for seven days before the audit. The auditor has the fullest powers of investigation; he may require the production of any books or papers, and he may require the attendance before him of any person accountable. Any owner of property or ratepayer may attend the audit and object to the accounts, and either on such objection or on his own motion the auditor may disallow any payment and surcharge the amount on the persons who made or authorized it. Against any allowance or surcharge appeal lies to the High Court if the question involved is one of law, or to the Local Government Board, who have jurisdiction to remit a surcharge if, in the circumstances, it appears to them to be fair and equitable to do so. It will be seen that this is really an effective audit.
The sources of revenue of the council are the exchequer contribution, income from property and fees, and rates. Before 1888 large grants of money had been made annually to local authorities in aid of local taxation. Such grants representedRevenue of county council.a contribution out of taxation for the most part arising out of property other than real property, while local taxation fell on real property alone. By the act of 1888 it was provided that for the future such annual grants should cease, and that other payments should be made instead thereof. The commissioners of Inland Revenue pay into the Bank of England, to an account called “the local taxation account,” the sums ascertained to be the proceeds of the duties collected by them in each county on what are called local taxation licences, which include licences for the sale of intoxicating liquor, licences on dogs, guns, establishment licences, &c. The amount so ascertained to have been collected in each county is paid under direction of the Local Government Board to the council of that county. The commissioners of Inland Revenue also pay into the same account a sum equal to 1½% on the net value of personal property in respect of which estate duty is paid. Under the Local Taxation (Customs and Excise) Act 1890, certain duties imposed on spirits and beer (often referred to as “whisky money”) are also to be paid to “the local taxation account.” The sums so paid in respect of the duties last above mentioned, and in respect of the estate duty and spirits and beer additional duties, are distributed among the several counties in proportion to the share which the Local Government Board certify to have been received by each county during the financial year ending the 31st March 1888, out of the grants theretofore made out of the exchequer in aid of local rates. The payments so made out of “the local taxation account” to a county council are paid to the county fund, and carried to a separate account called “the Exchequer contribution account.” The money standing to the credit of this account is applied: (i.) in paying any costs incurred in respect thereof or otherwise chargeable thereon; (ii.) in payment of the sums required by the Local Government Act 1888 to be paid in substitution for local grants; (iii.) in payment of the new grant to be made by the county council in respect of the costs of union officers; and (iv.) in repaying to “the general county account” of the county fund the costs on account of general county purposes for which the whole area of the county (including boroughs other than county boroughs) is liable to be assessed to county contribution. Elaborate provision is made for the distribution of the surplus (if any), with a view to securing a due share being paid to the quarter sessions boroughs.
The payments which the county council have to make in substitution for the local grants formerly made out of Imperial funds include payments for or towards the remuneration of the teachers in poor-law schools and public vaccinators; school fees paid for children sent from a workhouse to a public elementary school; half of the salaries of the medical officer of health and the inspector of nuisances of district councils; the remuneration of registrars for births and deaths; the maintenance of pauper lunatics; half of the cost of the pay and clothing of the police of the county, and of each borough maintaining a separate police force. In addition to the grants above mentioned, the county council is required to grant to the guardians of every poor-law union wholly or partly in their county an annual sum for the costs of the officers of the union and of district schools to which the union contributes. Another source is the income of any property belonging to the council, but the amount of this is usually small. The third source of revenue consists of the fees received by the different officers of the county councils or of the joint-committee. For example, fees received by the clerk of the peace, inspectors of weights and measures, and the like. These fees are paid into the county fund, and carried either to “the general county account” or, if they have been received in respect of some matter for which part only of the county is assessed, then to the special account to which the rates levied for that purpose are carried. The remaining source of income of a county council is the county rate, the manner of levying which is hereafter stated.
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Of the powers and duties of county councils, it may be convenient to treat of these first, in so far as they are transferred to or conferred on them by the Local Government Act 1888, under which they were created, and afterwardsPowers transferred from quarter sessions.in so far as they have been conferred by subsequent legislation. Before the passing of the Local Government Act 1888, the only form of county government in England was that of the justices in quarter sessions (q.v.). Quarter sessions were originally a judicial body, but being the only body having jurisdiction over the county as a whole, certain powers were conferred and certain duties imposed upon them with reference to various matters of county government from time to time. The principal object of the act of 1888 was to transfer these powers and duties from the quarter sessions to the new representative body—the county council; and it may be said that substantially the whole of the administrative business of quarter sessions was thus transferred.
The subjects of such transfer include (i.) the making, assessing and levying of county, police, hundred and all rates, and the application and expenditure thereof, and the making of orders for the payment of sums payable out of any such rate, or out of the county stock or county fund, and the preparation and revision of the basis or standard for the county rate. With regard to the county rate, a few words of description may be sufficient here. The council appoint a committee called a county rate committee, who from time to time prepare a basis or standard for county rate, that is to say, they fix the amount at which each parish in the county shall contribute its quota to the county rate. As a general rule the poor-law valuations are followed, but this is not universally the case, some county councils adopting the assessment to income tax, schedule A, and others forming an independent valuation of their own. The overseers of any parish aggrieved by the basis may appeal against it to quarter sessions, and it is to be noticed that this appeal is not interfered with, the transfer of the duties of justices relating only to administrative and not to judicial business. When a contribution is required from county rate, the county council assess the amount payable by each parish according to the basis previously made, and send their precept to the guardians of the unions comprising the several parishes in the county, the guardians in their turn requiring the overseers of each parish to provide the necessary quota of that parish out of the poor rate, and the sum thus raised goes into the county fund. The police rate is made for the purpose of defraying the expenses of the county police. It is made on the same basis as the county rate, and is levied with it. The hundred rate is seldom made, though in some counties it may be made for purposes of main roads and bridges chargeable to the hundred as distinguished from the county at large; (ii.) the borrowing of money; (iii.) the passing of the accounts of, and the discharge of the county treasurer; (iv.) shire halls, county halls, assize courts, the judges’ lodgings, lock-up houses, court houses, justices’ rooms, police stations and county buildings, works and property; (v.) the licensing under any general act of houses and other places for music or for dancing, and the granting of licences under the Racecourses Licensing Act 1879; (vi.) the provision, enlargement, maintenance and management and visitation of, and other dealing with, asylums for pauper lunatics; (vii.) the establishment and maintenance of, and the contribution to, reformatory and industrial schools; (viii.) bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives Amendment Act 1878 in the county authority. It may be observed that bridges have always been at common law repairable by the county, although, with regard to bridges erected since the year 1805, these are not to be deemed to be county bridges repairable by the county unless they have been erected under the direction or to the satisfaction of the county surveyor. The common-law liability to repair a bridge extends also to the road or approaches for a distance of 300 ft. on each side of the bridge. Of the powers vested in the county authority under the Highway Act 1878, the most important are those relating to main roads, which are specially noticed hereafter; (ix.) the tables of fees to be taken by and the costs to be allowed to any inspector, analyst or person holding any office in the county other than the clerk of the peace and the clerks of the justices; (x.) the appointment, removal and determination of salaries of the county treasurer, the county surveyor, the public analysts, any officer under the Explosives Act 1875, and any officers whose remuneration is paid out of the county rate, other than the clerk of the peace and the clerks of the justices; (xi.) the salary of any coroner whose salary is payable out of the county rate, the fees, allowances and disbursements allowed to be paid by any such coroner, and the division of the county into coroners’ districts and the assignments of such districts; (xii.) the division of the county into polling districts for the purposes of parliamentary elections, the appointment of the places of election, the places of holding courts for the revision of the lists of voters, and the costs of, and other matters to be done for the registration of parliamentary voters; (xiii.) the execution as local authority of the acts relating to contagious diseases of animals, to destructive insects, to fish conservancy, to wild birds, to weights and measures, and to gas meters, and of the Local Stamp Act 1869; (xiv.) any matters arising under the Riot (Damages) Act 1886. Under this act compensation is payable out of the police rate to any person whose property has been injured, stolen or destroyed by rioters; (xv.) the registration of rules of scientific societies, the registration of charitable gifts, the certifying and recording of places of religious worship, the confirmation and record of the rules of loan societies. These duties are imposed under various statutes.In addition to the business of quarter sessions thus transferred, there was also transferred to the county council certain business of the justices of the county out of session, that is to say, in petty or special sessions. This business consists of the licensing of houses or places for the public performance of stage plays, and the execution, as local authority, of the Explosives Act 1875. Power was given by the act to the Local Government Board to provide, by means of a provisional order, for transferring to county councils any of the powers and duties of the various central authorities which have been already referred to; but although such an order was at one time prepared, it has never been confirmed, and nothing has been done in that direction.Apart from the business thus transferred to county councils, the act itself has conferred further powers or imposed further duties with reference to a variety of other matters, some of which must be noticed. But before passing to themPolice.it is necessary here to call attention to one important subject of county government which has not been wholly transferred to the county council, namely, the police. It was matter of considerable discussion before the passing of the act whether the police should remain under the control of the justices, or be transferred wholly to the control of the county council. Eventually a middle course was taken. The powers, duties and liabilities of the quarter sessions and justices out of session with respect to the county police were vested in the quarter sessions and the county council jointly, and are now exercised through the standing joint-committee of the two bodies. That committee consists of an equal number of members of the county council and of justices appointed by the quarter sessions, the number being arranged between the two bodies or fixed by the secretary of state. The committee are also charged with the duties of appointing or removing the clerk of the peace, and they have jurisdiction in matters relating to justices’ clerks, the provision of accommodation for quarter sessions or justices out of session, and the like, and their expenses are paid by the county council out of the county fund. The standing joint-committee have power to divide their county into police districts, and, when required by order in council, are obliged to do so. In such a case, while the general expenditure in respect of the entire police force is defrayed by the county at large, the local expenditure,i.e.the cost of pay, clothing and such other expenses as the joint-committee may direct, is defrayed at the cost of the particular district for which it is incurred (see alsoPolice).Among the powers and duties given to county councils by the Local Government Act 1888, the first to be mentioned, following the order in the act itself, is that of the appointment of county coroners. The duties of a coroner are limitedCounty coroners.to the holding of inquiries into cases of death from causes suspected to be other than natural, and to a few miscellaneous duties of comparatively rare occurrence, such as the holding of inquiries relating to treasure trove, and acting instead of the sheriff on inquiries under the Lands Clauses Act, &c., when that officer is interested and thereby disabled from holding such inquiries. (For the history of the office of coroner, which is a very ancient one, see that title.) The county council may appoint any fit person, not being a county alderman or county councillor, to fill the office, and in the case of a county divided into coroners’ districts, may assign him a district. It has been decided, however, that the power hereby conferred does not extend to the appointment of a coroner for a liberty or other franchise who would not under the old law have been appointed by the freeholders. It may be mentioned that though a coroner may have a district assigned to him, he is nevertheless a coroner for the entire county throughout which he has jurisdiction.It was provided by the Highway Act 1878 that every road which was disturnpiked after the 31st of December 1870 should be deemed to be a main road, the expenses of the repair and maintenance of which were to be contributed as to one-halfMain roads.thereof by the justices in quarter sessions, then the county authority. By another section of the same act it was provided that where any highway in a county was a medium of communication between great towns, or a thoroughfare to a railway station, or otherwise such that it ought to be declared a main road, the county authority might declare it to be a main road, and thereupon one-half the expense of its maintenance would fall upon the county at large. Once a road became a main road it could only cease to be such by order of the Local Government Board. As already stated, the powers of the quarter sessions under the act of 1878 were transferred to the county council under the Local Government Act of 1888, and that body alone has now power to declare a road to be a main road. But the act of 1888 made some importantchanges in the law relating to the maintenance of main roads. It declared that thereafter not only the half but the whole cost of maintenance should be borne by the county. Provision is made for the control of main roads in urban districts being retained by the urban district council. In urban districts where such control has not been claimed, and in rural districts, the county council may either maintain the main roads themselves or allow or require the district councils to do so. The county council must in any case make a payment towards the costs incurred by the district council, and if any difference arises as to the amount of it, it has to be settled by the Local Government Board. In Lancashire the cost of main roads falls upon the hundred, as distinguished from the county at large, special provision being made to that effect. Special provision has also been made for the highways in the Isle of Wight and in South Wales, where the roads were formerly regulated by special acts, and not by the ordinary Highway Acts.The county council have the same power as a sanitary authority to enforce the provisions of the Rivers Pollution Prevention Acts in relation to so much of any stream as passes through or by any part of their county. Under these acts aRivers pollution prevention.sanitary authority is authorized to take proceedings to restrain interference with the due flow of a stream or the pollution of its waters by throwing into it the solid refuse of any manufactory or quarry, or any rubbish or cinders, or any other waste or any putrid solid matter. They may also take proceedings in respect of the pollution of a stream by any solid or liquid sewage matter. They have the same powers with respect to manufacturing and mining pollutions, subject to certain restrictions, one of which is that proceedings are not to be taken without the consent of the Local Government Board. The county council may not only themselves institute proceedings under the acts, but they may contribute to the costs of any prosecution under the acts instituted by any other county or district council. The Local Government Board is further empowered by provisional order to constitute a joint-committee representing all the administrative counties through or by which a river passes, and confer on such committee all or any of the powers of a sanitary authority under the acts.A county council has the same power of opposing bills in parliament and of prosecuting or defending any legal proceedings necessary for the promotion or protection of the interests of the inhabitants of a county as are conferred on the councilParliamentary and legal costs.of a municipal borough by the Borough Funds Act 1872, with this difference, that in order to enable them to oppose a bill in parliament at the cost of the county rate, it is not necessary to obtain the consent of the owners and ratepayers within the county. The power thus conferred is limited to opposing bills. The council are not authorized to promote any bill, and although they frequently do so, they incur the risk that if the bill should not pass the members of the council will be surcharged personally with the costs incurred if they attempt to charge them to the county rate. Of course if the bill passes, it usually contains a clause enabling the costs of promotion to be paid out of the county rate. It must not be supposed, however, that the county council have no power to institute or defend legal proceedings or oppose bills save such as is expressly conferred upon them by the Local Government Act. In this respect they are in the same position as all other local authorities, with respect to whom it has been laid down that they may without any express power in that behalf use the funds at their disposal for protecting themselves against any attack made upon their existence as a corporate body or upon any of their powers or privileges.The county council have also the same powers as a borough council of making by-laws for the good government of the county and for the suppression of nuisances not already punishable under the general law. This power has been largelyBy-laws.acted upon throughout England, and the courts of law have on several occasions decided that such by-laws should be benevolently interpreted, and that in matters which directly arise and concern the people of the county, who have the right to choose those whom they think best fitted to represent them, such representatives may be trusted to understand their own requirements. Such by-laws will therefore be upheld, unless it is clear that they are uncertain, repugnant to the general law of the land, or manifestly unreasonable. It may be mentioned that, while by-laws relating to the good government of the county have to be confirmed by the secretary of state, those which relate to the suppression of nuisances have to be confirmed by the Local Government Board. Such confirmation, however, though necessary to enable the council to enforce them, does not itself confer upon them any validity in point of law.The county council have power to appoint and pay one or more medical officers of health, who are not to hold any other appointment or engage in private practice without the express written consent of the council. The council may makeMedical officers.arrangements whereby any district council or councils may have the services of the county medical officer on payment of a contribution towards his salary, and while such arrangement is in force the duty of the district council to appoint a medical officer is to be deemed to have been satisfied. Every medical officer, whether of a county or district, must now be legally qualified for the practice of medicine, surgery and midwifery. Besides this, in the case of a county, or of any district or combination of districts of which the population exceeds 50,000, the medical officer must also have a diploma in public health, unless he has during the three consecutive years before 1892 been medical officer of a district or combination having a population of more than 20,000, or has before the passing of the act been for three years a medical officer or inspector of the Local Government Board.The only other powers and duties of a county council arising under the Local Government Act itself which it is necessary to notice are those relating to alterations of local areas. It may be convenient here to state that certain alterationsAlterations of local areas.of areas can only be effected through the medium of the Local Government Board after local inquiry. These cases include the alteration of the boundary of any county or borough, the union of a county borough with a county, the union of any counties or boroughs or the division of any county, the making of a borough into a county borough. In these cases the order of the Local Government Board is provisional only, and must be confirmed by parliament. The powers of a county council to make orders for the alteration of local areas are as follows: When a county council is satisfied that a prima facie case is made out as respects any county district not a borough, or as respects any parish, for a proposal for all or any of the things hereafter mentioned, they may hold a local inquiry after giving such notice in the locality and to such public departments as may be prescribed from time to time by the orders of the Local Government Board. The things referred to include the alteration of the boundary of the district or parish; the division or union thereof with any other district or districts, parish or parishes; the conversion of a rural district or part thereof into an urban district or vice versa. In these cases, after the local inquiry above referred to has been held, the county council, being satisfied that the proposal is desirable, may make an order for the same accordingly. The order has to be submitted to the Local Government Board, and that board must hold a local inquiry in order to determine whether the order should be confirmed or not, if the council of any district affected by it, or one-sixth of the total number of electors in the district or parish to which it relates, petition against it. The Local Government Board have power to modify the terms of the order whether it is petitioned against or not, but if there is no petition, they are bound to confirm, subject only to such modifications. Very large powers are conferred upon county councils for the purpose of giving full effect to orders made by them under these provisions. A considerable extension of the same powers was made by the Local Government Act 1894, which practically required every council to take into consideration the areas of sanitary districts and parishes within the entire administrative county, and to see that a parish did not extend into more than one sanitary district; to provide for the division of a district which did extend into more than one district into separate parishes, so that for the future the parish should not be in more than one county district; and to provide for every parish and rural sanitary district being within one county. An enormous number of orders under the act of 1894 was made by county councils, and, speaking generally, it will now be found that no parish extends into more than one county or county district. Other powers and duties of the county council under the act of 1894 will be noticed hereafter.
The subjects of such transfer include (i.) the making, assessing and levying of county, police, hundred and all rates, and the application and expenditure thereof, and the making of orders for the payment of sums payable out of any such rate, or out of the county stock or county fund, and the preparation and revision of the basis or standard for the county rate. With regard to the county rate, a few words of description may be sufficient here. The council appoint a committee called a county rate committee, who from time to time prepare a basis or standard for county rate, that is to say, they fix the amount at which each parish in the county shall contribute its quota to the county rate. As a general rule the poor-law valuations are followed, but this is not universally the case, some county councils adopting the assessment to income tax, schedule A, and others forming an independent valuation of their own. The overseers of any parish aggrieved by the basis may appeal against it to quarter sessions, and it is to be noticed that this appeal is not interfered with, the transfer of the duties of justices relating only to administrative and not to judicial business. When a contribution is required from county rate, the county council assess the amount payable by each parish according to the basis previously made, and send their precept to the guardians of the unions comprising the several parishes in the county, the guardians in their turn requiring the overseers of each parish to provide the necessary quota of that parish out of the poor rate, and the sum thus raised goes into the county fund. The police rate is made for the purpose of defraying the expenses of the county police. It is made on the same basis as the county rate, and is levied with it. The hundred rate is seldom made, though in some counties it may be made for purposes of main roads and bridges chargeable to the hundred as distinguished from the county at large; (ii.) the borrowing of money; (iii.) the passing of the accounts of, and the discharge of the county treasurer; (iv.) shire halls, county halls, assize courts, the judges’ lodgings, lock-up houses, court houses, justices’ rooms, police stations and county buildings, works and property; (v.) the licensing under any general act of houses and other places for music or for dancing, and the granting of licences under the Racecourses Licensing Act 1879; (vi.) the provision, enlargement, maintenance and management and visitation of, and other dealing with, asylums for pauper lunatics; (vii.) the establishment and maintenance of, and the contribution to, reformatory and industrial schools; (viii.) bridges and roads repairable with bridges, and any powers vested by the Highways and Locomotives Amendment Act 1878 in the county authority. It may be observed that bridges have always been at common law repairable by the county, although, with regard to bridges erected since the year 1805, these are not to be deemed to be county bridges repairable by the county unless they have been erected under the direction or to the satisfaction of the county surveyor. The common-law liability to repair a bridge extends also to the road or approaches for a distance of 300 ft. on each side of the bridge. Of the powers vested in the county authority under the Highway Act 1878, the most important are those relating to main roads, which are specially noticed hereafter; (ix.) the tables of fees to be taken by and the costs to be allowed to any inspector, analyst or person holding any office in the county other than the clerk of the peace and the clerks of the justices; (x.) the appointment, removal and determination of salaries of the county treasurer, the county surveyor, the public analysts, any officer under the Explosives Act 1875, and any officers whose remuneration is paid out of the county rate, other than the clerk of the peace and the clerks of the justices; (xi.) the salary of any coroner whose salary is payable out of the county rate, the fees, allowances and disbursements allowed to be paid by any such coroner, and the division of the county into coroners’ districts and the assignments of such districts; (xii.) the division of the county into polling districts for the purposes of parliamentary elections, the appointment of the places of election, the places of holding courts for the revision of the lists of voters, and the costs of, and other matters to be done for the registration of parliamentary voters; (xiii.) the execution as local authority of the acts relating to contagious diseases of animals, to destructive insects, to fish conservancy, to wild birds, to weights and measures, and to gas meters, and of the Local Stamp Act 1869; (xiv.) any matters arising under the Riot (Damages) Act 1886. Under this act compensation is payable out of the police rate to any person whose property has been injured, stolen or destroyed by rioters; (xv.) the registration of rules of scientific societies, the registration of charitable gifts, the certifying and recording of places of religious worship, the confirmation and record of the rules of loan societies. These duties are imposed under various statutes.
In addition to the business of quarter sessions thus transferred, there was also transferred to the county council certain business of the justices of the county out of session, that is to say, in petty or special sessions. This business consists of the licensing of houses or places for the public performance of stage plays, and the execution, as local authority, of the Explosives Act 1875. Power was given by the act to the Local Government Board to provide, by means of a provisional order, for transferring to county councils any of the powers and duties of the various central authorities which have been already referred to; but although such an order was at one time prepared, it has never been confirmed, and nothing has been done in that direction.
Apart from the business thus transferred to county councils, the act itself has conferred further powers or imposed further duties with reference to a variety of other matters, some of which must be noticed. But before passing to themPolice.it is necessary here to call attention to one important subject of county government which has not been wholly transferred to the county council, namely, the police. It was matter of considerable discussion before the passing of the act whether the police should remain under the control of the justices, or be transferred wholly to the control of the county council. Eventually a middle course was taken. The powers, duties and liabilities of the quarter sessions and justices out of session with respect to the county police were vested in the quarter sessions and the county council jointly, and are now exercised through the standing joint-committee of the two bodies. That committee consists of an equal number of members of the county council and of justices appointed by the quarter sessions, the number being arranged between the two bodies or fixed by the secretary of state. The committee are also charged with the duties of appointing or removing the clerk of the peace, and they have jurisdiction in matters relating to justices’ clerks, the provision of accommodation for quarter sessions or justices out of session, and the like, and their expenses are paid by the county council out of the county fund. The standing joint-committee have power to divide their county into police districts, and, when required by order in council, are obliged to do so. In such a case, while the general expenditure in respect of the entire police force is defrayed by the county at large, the local expenditure,i.e.the cost of pay, clothing and such other expenses as the joint-committee may direct, is defrayed at the cost of the particular district for which it is incurred (see alsoPolice).
Among the powers and duties given to county councils by the Local Government Act 1888, the first to be mentioned, following the order in the act itself, is that of the appointment of county coroners. The duties of a coroner are limitedCounty coroners.to the holding of inquiries into cases of death from causes suspected to be other than natural, and to a few miscellaneous duties of comparatively rare occurrence, such as the holding of inquiries relating to treasure trove, and acting instead of the sheriff on inquiries under the Lands Clauses Act, &c., when that officer is interested and thereby disabled from holding such inquiries. (For the history of the office of coroner, which is a very ancient one, see that title.) The county council may appoint any fit person, not being a county alderman or county councillor, to fill the office, and in the case of a county divided into coroners’ districts, may assign him a district. It has been decided, however, that the power hereby conferred does not extend to the appointment of a coroner for a liberty or other franchise who would not under the old law have been appointed by the freeholders. It may be mentioned that though a coroner may have a district assigned to him, he is nevertheless a coroner for the entire county throughout which he has jurisdiction.
It was provided by the Highway Act 1878 that every road which was disturnpiked after the 31st of December 1870 should be deemed to be a main road, the expenses of the repair and maintenance of which were to be contributed as to one-halfMain roads.thereof by the justices in quarter sessions, then the county authority. By another section of the same act it was provided that where any highway in a county was a medium of communication between great towns, or a thoroughfare to a railway station, or otherwise such that it ought to be declared a main road, the county authority might declare it to be a main road, and thereupon one-half the expense of its maintenance would fall upon the county at large. Once a road became a main road it could only cease to be such by order of the Local Government Board. As already stated, the powers of the quarter sessions under the act of 1878 were transferred to the county council under the Local Government Act of 1888, and that body alone has now power to declare a road to be a main road. But the act of 1888 made some importantchanges in the law relating to the maintenance of main roads. It declared that thereafter not only the half but the whole cost of maintenance should be borne by the county. Provision is made for the control of main roads in urban districts being retained by the urban district council. In urban districts where such control has not been claimed, and in rural districts, the county council may either maintain the main roads themselves or allow or require the district councils to do so. The county council must in any case make a payment towards the costs incurred by the district council, and if any difference arises as to the amount of it, it has to be settled by the Local Government Board. In Lancashire the cost of main roads falls upon the hundred, as distinguished from the county at large, special provision being made to that effect. Special provision has also been made for the highways in the Isle of Wight and in South Wales, where the roads were formerly regulated by special acts, and not by the ordinary Highway Acts.
The county council have the same power as a sanitary authority to enforce the provisions of the Rivers Pollution Prevention Acts in relation to so much of any stream as passes through or by any part of their county. Under these acts aRivers pollution prevention.sanitary authority is authorized to take proceedings to restrain interference with the due flow of a stream or the pollution of its waters by throwing into it the solid refuse of any manufactory or quarry, or any rubbish or cinders, or any other waste or any putrid solid matter. They may also take proceedings in respect of the pollution of a stream by any solid or liquid sewage matter. They have the same powers with respect to manufacturing and mining pollutions, subject to certain restrictions, one of which is that proceedings are not to be taken without the consent of the Local Government Board. The county council may not only themselves institute proceedings under the acts, but they may contribute to the costs of any prosecution under the acts instituted by any other county or district council. The Local Government Board is further empowered by provisional order to constitute a joint-committee representing all the administrative counties through or by which a river passes, and confer on such committee all or any of the powers of a sanitary authority under the acts.
A county council has the same power of opposing bills in parliament and of prosecuting or defending any legal proceedings necessary for the promotion or protection of the interests of the inhabitants of a county as are conferred on the councilParliamentary and legal costs.of a municipal borough by the Borough Funds Act 1872, with this difference, that in order to enable them to oppose a bill in parliament at the cost of the county rate, it is not necessary to obtain the consent of the owners and ratepayers within the county. The power thus conferred is limited to opposing bills. The council are not authorized to promote any bill, and although they frequently do so, they incur the risk that if the bill should not pass the members of the council will be surcharged personally with the costs incurred if they attempt to charge them to the county rate. Of course if the bill passes, it usually contains a clause enabling the costs of promotion to be paid out of the county rate. It must not be supposed, however, that the county council have no power to institute or defend legal proceedings or oppose bills save such as is expressly conferred upon them by the Local Government Act. In this respect they are in the same position as all other local authorities, with respect to whom it has been laid down that they may without any express power in that behalf use the funds at their disposal for protecting themselves against any attack made upon their existence as a corporate body or upon any of their powers or privileges.
The county council have also the same powers as a borough council of making by-laws for the good government of the county and for the suppression of nuisances not already punishable under the general law. This power has been largelyBy-laws.acted upon throughout England, and the courts of law have on several occasions decided that such by-laws should be benevolently interpreted, and that in matters which directly arise and concern the people of the county, who have the right to choose those whom they think best fitted to represent them, such representatives may be trusted to understand their own requirements. Such by-laws will therefore be upheld, unless it is clear that they are uncertain, repugnant to the general law of the land, or manifestly unreasonable. It may be mentioned that, while by-laws relating to the good government of the county have to be confirmed by the secretary of state, those which relate to the suppression of nuisances have to be confirmed by the Local Government Board. Such confirmation, however, though necessary to enable the council to enforce them, does not itself confer upon them any validity in point of law.
The county council have power to appoint and pay one or more medical officers of health, who are not to hold any other appointment or engage in private practice without the express written consent of the council. The council may makeMedical officers.arrangements whereby any district council or councils may have the services of the county medical officer on payment of a contribution towards his salary, and while such arrangement is in force the duty of the district council to appoint a medical officer is to be deemed to have been satisfied. Every medical officer, whether of a county or district, must now be legally qualified for the practice of medicine, surgery and midwifery. Besides this, in the case of a county, or of any district or combination of districts of which the population exceeds 50,000, the medical officer must also have a diploma in public health, unless he has during the three consecutive years before 1892 been medical officer of a district or combination having a population of more than 20,000, or has before the passing of the act been for three years a medical officer or inspector of the Local Government Board.
The only other powers and duties of a county council arising under the Local Government Act itself which it is necessary to notice are those relating to alterations of local areas. It may be convenient here to state that certain alterationsAlterations of local areas.of areas can only be effected through the medium of the Local Government Board after local inquiry. These cases include the alteration of the boundary of any county or borough, the union of a county borough with a county, the union of any counties or boroughs or the division of any county, the making of a borough into a county borough. In these cases the order of the Local Government Board is provisional only, and must be confirmed by parliament. The powers of a county council to make orders for the alteration of local areas are as follows: When a county council is satisfied that a prima facie case is made out as respects any county district not a borough, or as respects any parish, for a proposal for all or any of the things hereafter mentioned, they may hold a local inquiry after giving such notice in the locality and to such public departments as may be prescribed from time to time by the orders of the Local Government Board. The things referred to include the alteration of the boundary of the district or parish; the division or union thereof with any other district or districts, parish or parishes; the conversion of a rural district or part thereof into an urban district or vice versa. In these cases, after the local inquiry above referred to has been held, the county council, being satisfied that the proposal is desirable, may make an order for the same accordingly. The order has to be submitted to the Local Government Board, and that board must hold a local inquiry in order to determine whether the order should be confirmed or not, if the council of any district affected by it, or one-sixth of the total number of electors in the district or parish to which it relates, petition against it. The Local Government Board have power to modify the terms of the order whether it is petitioned against or not, but if there is no petition, they are bound to confirm, subject only to such modifications. Very large powers are conferred upon county councils for the purpose of giving full effect to orders made by them under these provisions. A considerable extension of the same powers was made by the Local Government Act 1894, which practically required every council to take into consideration the areas of sanitary districts and parishes within the entire administrative county, and to see that a parish did not extend into more than one sanitary district; to provide for the division of a district which did extend into more than one district into separate parishes, so that for the future the parish should not be in more than one county district; and to provide for every parish and rural sanitary district being within one county. An enormous number of orders under the act of 1894 was made by county councils, and, speaking generally, it will now be found that no parish extends into more than one county or county district. Other powers and duties of the county council under the act of 1894 will be noticed hereafter.
Of the statutes affecting county councils passed subsequent to 1888 mention need only be made of the chief.