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UNDER WHICH FLAG?

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UNDER WHICH FLAG? THE CURIOUS CrASE: OF LILYSFAEN Ever since the OOiUnty Councils of Carnar vonshire and, Denbighshire were constituted under the Local Government Act of 1888, the case of Llysfaen has been one of the choicest 'bones of contention batiween the two authori- ties. The parish, lies on the seaboard, between Colwyn Bay and Llanddulas, ,and has been re- garded fiolr" county pu-rpioises as part of Carnar- vonshirel, though enclosed -by the Denbighshire area on three sides and by he sea on the fourth. It also forms part of the constituency of Mr Willliain^ Jones, M.P., the member for Arfon, The boundary between Colwyn Bay Urban District, which is in Denbighshire, and Llysfaen cuts up Old Coiwyn in erratic fashion. One of the c,auseis of difference between the County Gounciils has been as to the "policing" of Llysfaein, but some years ago it was agreed that Carnarvonshire, which collects the rates from the parish, including a substantial amount from the railway company and the quarry proprietors, should contribute R,50 a year to Denbighshire subject to the laitter authority maintaining a constable in the parish. But the urban part, dovetailing with Colwyn Bay at Old Colwyn, has grown so much of late that the Parish Council has been press- ing for .a second policeman. Carnarvonshire has declined to pay more than P,50 a year, and Denbighshire has refused to tax itself to pro- vide police protection for a no-n contributing community. This being the situation, the, County Council and the Standing Joint Com- mittee of Denbighshire instructed their clerk to report as to the legal position, and at the' meeting of the latter authority held at Den- bigh on Friday, he presented a report to which may justly 'be applied the epithet used himself of "startling." It means that Carnarvonshire has, for the best part of a century, been wrong- ly claiming Llysfaen as its territory, that, in fact, if the .chain of reasoning and the facts upon which it is based are substantiated, the parish is in Denbighshire, both for Parlia- mentary and Clounty Council purposes. COUNSEL'S OPINION. Mr W. R.. Evans submitted Mr Macmorran's ".opinion" on the 'Subject:—"I understand that, before the Acts mentioned in my instructions- the townships of Eirias and Llysfaen consti- tuted together a single detached part of the' county of :Carnarvon. If so, I am of opinion, that Llysfaen is now, and has long been, a part of the county of Denbigh for Parliamentary, and local government purposes. In my opinion a detached part of a .county is none the less "surrounded" by the county or counties which join it, within the meaning of section 26 of the Parliamentary Bloiundaries Act of 1832, because it abuts upon the sea. And where, as in the present case, one portion .of a single isolated part of a county is named in the schedule of' that Act and the residue is not named, I think that the provisions .of section 26 as to isolated parts that are not named are appli- cable to the residue. "I am, therefore, of opinion that the pro- visions of section 26, as to the isolated paxts- of a county not named in the schedule, apply to Llysfaen, and as the cofmmom boundary of- Llysfaen with the county of Denbigh was longer than its common boundary with Eirias,. I am of opinion that section 26 annexed Llys- faen to Denbighshire for the purpose of Par- liamentary representation. I need' not consider the more IdJiffiCiult question what the effect of section 26 would have had the common boun- dary with Eirias 'been the longer. If I am right so far, it follows, in my opinion, beyond' contJrovemsy that Llysfaen was by section 1 of the Counties (Detached Parts) Act, 1844, made part of Denbighshire for all purposes ctther than the immaterial purposes excepted from the operation of that Act. "It follows, from what I havei said, that in my opinion the Orders of 1858 (so far as Llys- faen was concerned at least) were inoperative- in point .of law, since Llysfaen was already part of Denbighshire for police purposes, and thatt tha agreement of 1890 was similarly in- operative. I need1 not, therefore, considter the question whether the Orders of 1858 could have b,e-ein rescinded if they had been good,, nor whether the agreement lof 1890 could have been put Ian end, to had it been good, other- wise than by mutual consent. "In my opinion the County Oounclilanld] Standing Joint Clommitteel of Denbighshire should .intimate to the .authorities of Carnar- vonshire that they are advised that Llysfaen- forms for ail practieial purposes part of Den- bighshire, -and should act upon the footing that it is pairt of their county. The applica- tion to the Local Government Board should in my opintion,bie dropped." It was decided tn refer the whole matter to the County Council, and also, on the motion of Mr Simon Jloners, seconded by Mr Gregson Ellis, to inform, the Carnarvonshire Standing Joint 'Committee that the Denbighshire Com- mittee was advis-ed that Llysfaen formed part ,df the county of Denbigh for all purposes of county administration, including police.

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