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LOCAL
See also:GOVERNMENT]
employment with, by or on behalf of the See also:council
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See also:Women, other than married women, are eligible
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See also:County councillors are elected for a See also:term of three years, and at the end of that See also:time they retire together
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The See also:ordinary See also:day of See also:election is the 8th See also: The petition is tried in open court at some See also:place within the county, the expenses of the court being provided in the first instance by the See also:Treasury, and repaid out of the county rates, except in so far as the court may See also: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 See also:office by making and subscribing a See also:declaration in the prescribed See also: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 See also:notice of election . If the councillor does not make it within that time, he is liable to a See also:fine the amount of which, if not determined by bye-See also:law of the council, is £25 in the See also:case of an See also:alderman or councillor, and 50 in the case of the chairman . Exemption may, however, be claimed on the ground of See also:age, See also:physical or See also: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 See also:absence, the same fines are payable as,upon non-See also: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, pr after becoming disqualified, involves liability to a fine not exceeding £5o, recoverable by See also:action . The councillors who have been elected come into office on the 8th March in the year of election . The first quarterly See also:meeting of Chairman, the newly-elected council is held on the 16th or on such ce other day within ten days after the 8th as the county council may See also:fix . The first business at that meeting is the election of the chairman, whose office corresponds to that of the See also: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 See also:fit See also:person, elected by the council from their own See also: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 See also:justice of the See also:peace for the county . Having elected the See also:chair-See also:man, the meeting proceeds to the election of aldermen, whose number is one-third of the number of councillors, except in See also:London, where the number is one-See also: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-See also: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,429 therefore, that while a county councillor holds office for three years, a county alderman holds office for six . The council may also appoint a See also:vice-chairman who holds office during the term of office of the chairman; in London the council have See also:power to appoint a paid See also:deputy chairman . It may be convenient at this point to refer to the See also:officers of the county council . Of these, the chief are the clerk, the treasurer, and the surveyor . Before 1888 the clerk of the peace Officers. was appointed in a county by the custos rotulorum . He held office for See also:life during See also: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 See also:councils of their counties, holding office by the same See also:tenure as formerly, except in the county of London, where the offices were separated . Thereafter a new See also:appointment to the offices of clerk of the peace and clerk of the county council was to be made by the standing See also:joint-committee, at whose See also: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 See also:quarter sessions, but he is now generally, if not in every case, paid by See also: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 See also:special provisions in the Local Government Act of 1888, the business of the county council is regulated by the See also:pro-visions laid down in the Municipal Corporations Act Business . 1882, with regard to borough councils . There are four quarterly meetings in every year, the See also: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 See also:majority of those See also:present and voting, and in case of equality of votes the chairman has a casting See also:vote . Minutes of the proceedings are taken, and if signed by the chairman at the same or the next meeting of the council are See also: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 See also:general or special, and to them may be delegated, with or without restrictions or conditions, any of their See also:powers or duties except that of raising See also:money by See also:rate or See also: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 See also:con-founded 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 See also:finance committee is also a body with distinct duties . In order to appreciate some of the points See also: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 1888 Relation of created a new division of boroughs into three classes; countyughto s . boro of these the first is the county borough . A certain number of boroughs which either had a See also:population of not less than 50,000, or were counties of themselves, were made counties See also:independent of the county council and See also: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 See also:separate See also:assize for the borough . The boroughs thus constituted county boroughs enumerated in the See also: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 See also:census of 1881, a population exceeding io,000, form See also:part of the county, and are subject to the See also:control of the county council, but only for certain special purposes . The See also: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 See also:consideration these powers and duties are retained by the borough council; the county council exercise no See also:jurisdiction within the borough in respect of them, and the borough is not rated in respect of them to the county rate . The acts referred to include those relating to the diseases of animals, destructive See also:insects, See also:explosives, See also:fish conservancy, See also:gas meters, See also:margarine, See also:police, reformatory and See also:industrial See also:schools, See also:riot (See also:damages), See also:sale of food and drugs, weights and See also:measures . But for certain purposes these boroughs are part of the county and rateable to county rate, e.g. See also: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 See also:matter involving See also: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 Io,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 Io,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 See also: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 See also:sources which Finance. will presently be mentioned, but all receipts have to be carried to the county fund, either to the general 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 See also:Board, See also:borrow money on the See also:security of the county fund or any of its revenues, for consolidating the debts of the county; purchasing See also:land or buildings; any permanert See also:work or other thing, the cost of which ought to be spread over a term of years; making advances in aid of the See also: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 See also:total See also:debt of the council will, with the amount proposed to be borrowed, exceed one-tenth of the See also:annual rateable value of the See also:property in the county, the money cannot be borrowed unless under a provisional order made by the Local Government Board and confirmed by See also:parliament . The See also: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 See also:thirty years, and the mode of repayment may be by equal yearly or half-yearly instalments of See also:principal or of principal and See also: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 See also:debentures or See also:annuity certificates under these acts, or by the issue of county stock, and in some cases by See also: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 See also: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 Marchin 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 1899, and in respect of the See also:audit the council is charged with a See also:stamp See also:duty, the amount of which depends on the total of the expenditure comprised in the See also:financial statement . Before each audit the auditor gives notice of the time and place appointed, and the council publish the appointment by See also: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 See also:production of any books or papers, and he may require the attendance before him of any person account-able . Any owner of property or ratepayer may attend the audit and See also:object to the accounts, and either on such objection or on his own See also:motion the auditor may disallow any payment and surcharge the amount on the persons who made or authorized it . Against any See also:allowance or surcharge See also: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 See also:fair and equitable to do so . It will be seen that this is really an effective audit . The sources of See also:revenue of the council arc the See also:exchequer contribution, income from property and fees, and rates., Before 1888 large grants of money had been made annually to local Revenue of authorities in aid of local See also:taxation . Such grants repre- county sented a contribution out of taxation for the most part council. arising out of property other than real property, while local taxation See also: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 See also:Bank of See also: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 See also:dogs, guns, See also: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 i% on the See also:net value of See also:personal property in respect of which See also:estate duty is paid
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Under the Local Taxation (Customs and See also:Excise) Act 189o, certain duties imposed on See also:spirits and See also:beer (often referred to as " See also: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 See also: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
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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 See also:credit of this account is applied: (i.) in paying any See also:costs incurred in respect thereof or other-See also:wise 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 See also: Before the passing of the Local quarter Government Act 1888, the only form of county govern-sessions . ment 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 See also: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, See also: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 See also: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 See also:parish in the county shall contribute its See also:quota to the county rate . As a general See also:rule the poor-law valuations are followed, but this is not universally the case, some county councils adopting the See also: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 . Wuhen 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 See also: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 See also: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 See also:discharge of the county treasurer; (iv.) See also:shire halls, county halls, assize courts, the See also:judges' lodgings, See also:lock-up houses, court houses, justices' rooms, police stations and county buildings, See also:works and property; (v.) the licensing under any general act of houses and other places for See also:music or for dancing, and the granting of licences under the Racecourses Licensing Act 1879; (vi.) the pro-See also:vision, 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 See also:Amendment Act 1878 in the county authority . It may be observed that bridges have always been at See also: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 See also:satisfaction of the county surveyor . The common-law liability to repair a See also:bridge extends also to the road or approaches for a distance of 300 ft. on each See also:side of the bridge . Of the powers vested in the county authority under the See also: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, See also: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 See also: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 See also: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 he done for the See also:registration of parliamentary voters; (xiii.) the See also:execution as to destructive insects, to fish conservancy, to See also: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 See also: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 See also:societies, the registration of charitable gifts, the certifying and recording of places of religious See also:worship, the See also:confirmation and See also: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 See also:petty or special sessions . This business consists of the licensing of houses or places for the public performance of See also: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 Police. which must be noticed . But before passing to them it is necessary here to See also:call See also: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 See also: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 See also: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 See also: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 See also: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 See also:direct, is defrayed at the cost of the particular district for which it is incurred (see also PoLIcE) . 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 County of county coroners . The duties of a coroner are limited coroaers. to the holding of inquiries into cases of See also:death from causes suspected to be other than natural, and to a few See also:miscellaneous duties of comparatively rare occurrence, such as the holding of inquiries relating to treasure trove, and acting instead of the See also:sheriff on inquiries under the Lands Clauses Act, &c., when that officer is interested and thereby disabled from holding such inquiries . (For the See also:history of the office of coroner, which is a very See also:ancient one, see that See also: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 See also:liberty or other See also: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 See also:December 1870 should be deemed to be a main road, the expenses of the repair and main- Main tenance of which were to be contributed as to one-half roads. thereof by the justices in quarter sessions, then the county authority . By another See also:section of the same act it was provided that where any highway in a county was a See also:medium of communication between See also: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 there-upon 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 important changes 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 See also: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 See also: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 See also:Wight and in See also:South See also: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 See also:Rivers Pollution Prevention Acts in Rivers relation to so much of any stream as passes through pollution or by any part of their county . Under these acts a prevention. sanitary authority is authorized to take proceedings to restrain interference with the due flow of a stream or the pollution of its See also:waters by throwing into it the solid refuse of any manufactory or See also:quarry, or any rubbish or cinders, or any other See also: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 See also: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 See also:institute proceedings under the acts, but they may contribute to the costs of any See also: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 See also: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 Parlia= for the promotion or See also:protection of the interests of the mentary inhabitants of a county as are conferred on the council and legal of a municipal borough by the Borough Funds Act 1872, costs. with this difference, that in order to enable them to oppose a See also: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 See also:risk that if the bill should not pass the members of the council will be surcharged personally with the costs incurred if they See also:attempt to See also: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 See also: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 See also:asa borough council of making by-See also:laws for the good government of the county and for By-laws. the suppression of nuisances not already punishable under the general law . This power has been largely 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 See also: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 con-firmed by the Local Government Board . Such confirmation, how-ever, 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 appoint- Medical ment or engage in private practice without the express officers. written consent of the council . The council may make 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 See also:medicine, See also:surgery and midwifery . Besides this, in the case of a county, or of any district or See also:combination of districts ofwhich 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 . Altera= It may be convenient here to state that certain altera- dons of tons of areas can only be effected through the medium localareas. 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 See also: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 See also: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 See also: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 . Previous to the See also:Education Act 1902, county councils had certain optional powers under the Technical Instruction Acts to See also:supply or aid the supply of technical or See also:manual instruction . Their Education. duties in respect to education were, however, much enlarged by the act of 1902 . That act abolished the old school boards and school attendance committees, and substituted a single authority for all kinds of schools and for all kinds of education . The county council or the council of a county borough is now in every case the local education authority, except that non-county boroughs with a population of over 1o,000, and urban districts with a population of over 20,000, may be the local education authorities for elementary education only, but they may relinquish their powers in favour of the county council . For higher education county councils and county boroughs are the See also:sole education authorities, except that non-county boroughs and urban councils are given a concurrent power of levying a rate for higher education not exceeding id. in the f; . Under the act, an education committee must be established by all authorities . The majority of the members of the committee are appointed by the council, usually out of their own body, and the See also:remainder are appointed by the council on the nomination or recommendation of other bodies . Some of the members of the committee must be women . All matters relating to the exercise of the powers of the education authority (except those of rating and borrowing) must be referred to the committee, and before exercising any of their powers the council must (except in cases of emergency) receive and consider the See also:report of the education committee with respect to the matter in question . As to higher education the local education authority must consider the educational needs of their area and take such steps as seem to them desirable, after consultation with the Board of Education, to supply or aid the supply of education other than elementary, and to promote the general co-ordination of all forms of education . For this purpose they are authorized to See also:levy a rate not exceeding 2d . in the £, except with the consent of the Local Government Board . They must also devote to the same purpose the sums received by them in respect of the See also:residue of the See also:English share of the local taxation (customs and excise) duties already referred to . See further EDUCATION and TECHNICAL EDUCATION . Under the Midwives Act 1902, every council of a county or county borough is the local supervising authority over midwive |