the repeal of enactments by this Act, and to the other express provisions of this Act. (2.) Nothing in this Act shall alter the boundaries of any borough existing at the commencement of this Act, or the number, apportionment, or qualification of the aldermen or councillors thereof, or the division thereof into wards. (3.) Nothing in this Act shall affect the right of the council of a borough to collect by their own officers the borough rate and watch rate, or either of them, where, at the commencement of this Act, they are authorized by law to so collect, and are so collecting, the same.1 (4) Nothing in this Act shall alter the respective jurisdiction of county and borough justices. (5.) Nothing in this Act shall affect the right of any borough named in Schedule (A.) to the Municipal Corporations Act, 1835, to have a separate commission of the peace. 1 What is referred to in this sub-section would appear to be the collection from the ratepayers of the borough rate and watch rate by officers employed by the council. It is to be observed that there is no saving where the rates are collected by officers of the council at the date of the commencement of the Act (sec. 4) if the council are not authorized by law to collect these rates by their own officers. Saving for Local Acts. 251. Nothing in this Act shall alter the effect of any local Act of Parliament. Saving for Prison Acts. 28 & 29 Vict., c. 26. 40 & 41 Vict., c. 21. 13 & 14 Vict., c. 64. 252. Nothing in this Act, except the provision referring to the Ninth Schedule, shall affect the Prison Act, 1865, or the Prison Act, 1877, and nothing in this Act shall affect the Act of the session of the fifth and sixth years of Her Majesty, chapter ninety-eight, "to amend the laws concerning prisons," or revive or restore any enactment which, being contained in that Act, or in the Municipal Corporation (Justices) Act, 1850, or in any other Act, is virtually repealed or superseded by the Prison Act, 1865, or the Prison Act, 1877. For provision referring to Ninth Schedule of this Act, see sec. 242. Saving for Military and Naval Officers, &c. 253. Nothing in this Act shall compel the acceptance of any office or duty whatever in any borough by any military, naval, or marine officer in Her Majesty's service on full pay or half pay, or by any officer or other person employed and residing in any of Her Majesty's dockyards, victualling establishment, arsenals, barracks, or other naval or military establishments. Saving for Dockyards, Barracks, &c. 254. Nothing in this Act shall affect the watching, paving, or lighting, or the internal regulations for the government, of any of Her Majesty's dockyards, victualling establishments, arsenals, barracks, or other naval or military establishments, or make the tenements therein or the inhabitants thereof liable to any rate for watching, paving, or lighting. Saving as to Admiralty. 255. Nothing in this Act shall affect the authority of justices vested in the Commissioners for executing the office of Lord High Admiral of the United Kingdom, or any authority to appoint coroners to act within the jurisdiction of the Admiralty. Saving for Lord Warden. 256. Nothing in this Act shall affect the jurisdiction and office of the Lord Warden in his office of Admiral of the Cinque Ports. Saving for Universities. 257. Nothing in this Act shall (1.) Affect the rights, privileges, duties, or liabilities of the chancellor, masters, and scholars of the Universities of Oxford and Cambridge respectively, as by law possessed under the respective charters of those universities or otherwise; or (2.) Entitle the mayors of Oxford and Cambridge respectively to any precedence over the vicechancellors of those Universities respectively; or (3.) Entitle any person to be enrolled a citizen of the city of Oxford or burgess of the borough of Cambridge by reason of his occupation of any rooms, chambers, or premises in any college or hall of either of those Universities; or (4) Compel any resident member of either of those universities to accept any office in or under the municipal corporation of Oxford or of Cambridge; or (5.) Authorize the levy of any rate within the precincts of those universities, or of any of the colleges or halls thereof, which now by law cannot be levied therein, or make either of those universities, or the members thereof, liable to any rate to which they are not liable to contribute at the commencement of this Act; or (6.) Authorize the transfer of any rights or liabilities by a local authority to the municipal corporation of the borough of Cambridge without the consent of the chancellor, master, and scholars of the University of Cambridge; or (7.) Affect the rights or privileges granted by charter or Act of Parliament to the University of Durham. Saving for Jurisdiction over Cathedral Precincts. 258. Nothing in this Act shall prevent any jurisdiction or authority exercised in or over the precinct or close of any cathedral from being continued concurrently with the jurisdiction and authority of the justices of the borough in which the precinct or close is situate. Saving for Royal Prerogative. 259. Nothing in this Act shall prejudicially affect Her Majesty's royal prerogative; and the enabling provisions. of this Act shall be deemed to be in addition to, and not in derogation of, the powers exerciseable by Her Majesty by virtue of her royal prerogative. Saving as to Repealed Enactments. 260.-(1.) The repeal effected by this Act shall not affect (a.) Anything done or suffered before the commence- (b.) Any proceeding or thing pending or in course of (d.) Any disability or disqualification existing at the (e.) Any fine, forfeiture, punishment, or other consequence incurred or to be incurred in respect of any offence committed before the commencement of this Act against any enactment repealed by this Act; or (f) The institution or the prosecution to its termination of any legal proceeding or other remedy for ascertaining, enforcing, or recovering any such jurisdiction, practice, right, privilege, duty, liability, compensation, disability, disqualification, fine, forfeiture, punishment, or consequence as aforesaid; or (g) The terms on which any money has been borrowed before the commencement of this Act under any enactment repealed by this Act.1 (2.) The repeal effected by this Act shall not extend to Scotland or Ireland, and shall not, as regards the enactments described in Part II. of the First Schedule, operate in respect of any place other than a borough to which this Act applies, and shall not revive or restore any statute, law, usage, custom, royal or other charter, grant, letters patent, byelaw, jurisdiction, office, right, title, claim, privilege, liability, disqualification, exemption, restriction, practice, procedure, or other matter or thing abolished by the Municipal Corporations Act, 1835, or not in force or existing at the commencement of this Act, or otherwise affect the past operation of any enactment repealed by this Act.2 (3.) All elections, declarations, appointments, byelaws, rates, tables of fees, and regulations made, or pending, or in the course of being made, and all other things done, or pending, or in the course of being done, under the Municipal Corporations Act, 1835, or any other enactment repealed by this Act, before or at the commencement of this Act, shall for the purposes of this Act be of the like effect as if they had been made or done, or were pending, or in the course of being made or done under this Act, and shall, as far as may be requisite for the continuance, validity, and effect thereof, be deemed to have been made or done, or may be carried on and be made or done, as the case may require, under this Act. 1 With regard to this section, the following observations in the memorandum which prefaced the Bill as brought in may be referred to :-As to sec. 66 of the Municipal Corporations Act, 1835, with respect to officers receiving compensation on removal from office, it is stated: "This section is limited to officers of a county or borough being in office at the passing of the Act of 1835. The Sussex case (R. v. Council of Brighton, 7 El. & B. 249) might be supposed to show that this section is not so limited, as it does not appear in the report that the clerk of the peace for Sussex, the prosecutor, there, held office at the passing of the Act of 1835; but in fact he did. For this reason the section is not reproduced, but any right to arise under it is saved by clause 258," (now sec. 260). As to sec. 107 of the Municipal Corporations Act, 1833, which referred to the abolition of ancient criminal jurisdiction and other franchises, is stated: "This is already repealed in part by the Statute Law Revision Act, 1874. The residue need not be reproduced, its effect being saved by clause 258." (Sec. 260). With regard to sec. 108 of the Municipal Corporations Act which related to Admiralty jurisdiction, it is said: "This is reproduced in part by clause 253." (Sec 255). "The residue need not be reproduced, its effect being saved by clause 258." (Sec. 260). 2 For Part II. of the First Schedule, see p. 210. The Municipal Corporations Act, 1855, by sec. I, enacted that "so much of all laws, statutes and usages, and so much of all royal and other charters, grants and letters patent now in force relating to the several boroughs named in the Schedules A. and B. to this Act annexed, or to the inhabitants thereof, or to the several bodies or reputed bodies corporate, named in the said Schedules, or any of them as are inconsistent with or contrary to the provisions of this Act, shall be, and the same are hereby repealed and annulled.” |